Table of Contents
Article 1
Recognition and Coverage
1.1 General Provisions
1.2 Unit Composition
1.3 Scope
1.4 Employee Definition
1.5 Register of Bargaining Unit Employees
1.6 Rules and Regulations 3
Article 2
Management Rights and Responsibilities
2.1 Management Rights
2.2 Management Retained Rights
2.3 Merit System Principles
2.4 Prohibited Personnel Practices
2.5 Employee Donations
Article 3
Employee Rights and Responsibilities
3.1 Employee Rights
3.2 Representation
3.3 Weingarten Rights
3.4 Initial Contact By the Office of the Inspector General (OIG)
3.5 Office of the Inspector General (OIG) Interview Warnings
3.6 Grievance Participation
3.7 Employee Compliance
3.8 Reaction to Supervisory Instruction
3.9 Document Concurrence
Article 4
Union Rights and Responsibilities
4.1 Exclusive Representative
4.2 Formal Meetings
4.3 NTEU Formal Meeting Participation
4.4 No Strike Clause
Article 5
Reorganization and Moves
5.1 Scope
5.2 Union Notification
5.3 Union Response
5.4 Office Space Assignment
5.5 Meetings
5.6 Official Time
Article 6
Trial Period Employees
6.1 Duration
6.2 Termination Procedures
6.3 Review Process 19
Article 7
Union Representatives
7.1 Number of Headquarters Union Officials
7.2 Number of Regional Union Officials
7.3 Steward Listing
7.4 Steward Changes
7.5 Scope of Steward Appointments
7.6 Steward Functions in Relation to Official Duties
8.1 Official Bank Time Limitations
8.2 Headquarters Official Bank Time Allocation
8.3 Regional Official Bank Time Allocation
8.4 Official Bank Time Functions
8.5 Official Time Functions
8.6 Requests for Representational Time
8.7 Employee Duty Time
8.8 Official Time Disputes
8.9 Credit Hours
Article 9
Union Access to NRC Facilities
9.1 Union Office Space
9.2 Meeting Space
9.3 Use of Telephones
9.4 Union Elections
9.5 Building Access
9.6 Use of Computer Systems
Article 10
Union Access to NRC Services
10.1 Copy Machine
10.2 Mail Services
10.3 Intra-agency Mail
10.4 Newsletter Distribution
10.5 Collective Bargaining Agreement Distribution
10.6 Collective Bargaining Agreement Format
10.7 Internal Union Business
10.8 Management Directives
10.9 Distribution of Union Literature
10.10 NTEU Office Computer Equipment
10.11 NTEU Representative Pictures
11.1 Bulletin Boards Usage
11.2 Video Equipment
11.3 Video Broadcast
Article 12
Weekly Orientation Meetings
12.1 Content and Duration
12.2 New Employee Notification
13.1 Eligibility
13.2 Remittance
13.3 Certification
13.4 Union Responsibilities
13.5 Agency Responsibilities
13.6 Voluntary Allotments
13.7 Allotment Processing
13.8 Effective Date of Allotment
13.9 Changes in Dues Withholding Amount
13.10 Termination
13.11 Insufficient Amounts
13.12 Involuntary Cancellation of Dues Withholding
13.13 Voluntary Cancellation of Dues Withholding
Article 14
Overpayments to Employees
14.1 Claim Waiver
14.2 Waiver Criteria
14.3 Collection
15.1 Annual Leave
15.2 Requests
15.3 Consecutive Leave Weeks
15.4 Use or Lose Leave
15.5 Substitution of Leave
16.1 Sick Leave
16.2 Supervisory Notification
16.3 Leave Requests
16.4 Release from Duty
16.5 Medical Documentation
16.6 Chronic Medical Condition
Article 17
Advanced Annual and Sick Leave
17.1 Accrual of Annual Leave
17.2 Advanced Sick Leave
18.1 Full or Part-Time Study
18.2 Conversion from Annual/Sick Leave
18.3 Family Leave Activities
19.1 Public Elections
19.2 Office Closure Notification
19.3 Commuting
19.4 Office Closure Authority
19.5 Union Recommendation for Office Closure
19.6 Media Used
19.7 Blood Donation
19.8 Occasional Tardiness
19.9 Professional Activities
19.10 Privately Owned Vehicle
20.1 Maternity Leave
20.2 Medical Certificate
20.3 Pregnancy Accommodations
20.4 Paternity Leave
20.5 Adoption Leave
20.6 Major provisions of the Family Friendly Leave Act and 5 CFR 630.401 (Sick Leave)
20.7 Major Provisions of the Family and Medical Leave Act (FMLA) and 5 CFR 630, SubpartL
20.8 Major Provisions of Expanded Family and Medical Leave Pursuant to Presidential Memorandum dated April 11, 1997
20.9 Organ Donor and Bone Marrow Absences
20.10 Part-Time Accommodations
Article 21
Other Leave Provisions
21.1 Compensatory Time for Religious Observances
21.2 Military Leave
21.3 Court Leave
21.4 Leave Use Increments
21.5 Leave Abuse
Article 22
Merit Selection Procedures
22.1 Purpose
22.2 Non-Applicability
22.3 Priority Consideration
22.4 Employee Consideration
22.5 Vacancy Announcement Posting
22.6 Vacancy Announcement Content
22.7 Application Submissions
22.8 Application Deadlines
22.9 Minimum Qualifications
22.10 Rating Factors
22.11 Rating Panel
22.12 Crediting Plans
22.13 Consideration of Training and Awards
22.14 Rating Process and Scores
22.15 Interviews During the Rating Process
22.16 Certification Record (CERT)
22.17 Best Qualified List (BQL)
22.18 Effective Date of Promotion
22.19 Explanation of Rating
22.20 Retroactive Pay
22.21 Union Access to Vacancy/Promotion File
Article 23
Noncompetitive Career Promotion
23.1 Definition
23.2 Promotion Waiting Periods
23.3 Basis
23.4 Determination Not To Promote
23.5 Grievance and Job Evaluation Review
23.6 Notice of Promotion Potential
24.1 Definition
24.2 Assignment Rotation
24.3 Return from Detail
24.4 Work Assignments
24.5 Notice
24.6 Applicability
24.7 Rotational Assignment Program
25.1 Definition
25.2 Reassignment Action
25.3 Reestablished Position
25.4 Involuntary Reassignment
25.5 Change in Duty Station
25.6 Notice of Mobility
25.7 Non-applicability
Article 26
Position Descriptions
26.1 Applicability
26.2 Recommendations
26.3 Change Notification
26.4 Contents
26.5 Duty Changes/Classification Appeal
26.6 Other Duties
26.7 Assignments Outside Position Descriptions
26.8 Copy Distribution
Article 27
Performance Appraisal System
27.1 Contract Precedence
27.2 NTEU Announcement
27.3 Changes to Elements and Standards
27.4 Management Responsibilities
27.5 Receipt of Elements and Standards
27.6 Minimum Appraisal Period
27.7 Notice of Delay
27.8 Grievances
27.9 Career Ladder Promotions
27.10 Within-Grade Increases
27.11 Progress Reviews
27.12 Performance Improvement Requirements Memorandum (PIRM)
27.13 Proposed Performance-Related Adverse Actions
27.14 Final Decision on Adverse Action
27.15 Appeal of Adverse Action
27.16 Details
27.17 Self-Assessment
27.18 Comment Period
27.19 Appraisal Data
27.20 Performance Appraisal System Projects
Article 28
Training and Development
28.1 Training Decisions
28.2 Reimbursement to Agency
28.3 Non-Governmental Training in Excess of 80 Hours
28.4 On-The-Job Training
28.5 Outside Information
28.6 Training Related to Merit Selection
28.7 Self-Development
28.8 Conference Consideration
28.9 Individual Development Plan (IDP)
29.1 Availability
29.2 Implementation
29.3 Outstanding Performance Rating
29.4 Union Participation
29.5 Grievability
29.6 Applicability
29.7 NTEU Notification
29.8 Instant Cash Award
29.9 Nomination by Employees
30.1 Employee Notification
30.2 Award Consideration
30.3 Award Determination
31.1 Applicability
31.2 Official Hours - Headquarters
31.3 Official Hours - Regional Offices
31.4 Lunch Breaks
31.5 Scheduling Official Hours
31.6 Office Coverage
31.7 Work Schedules
31.8 Scheduling
31.9 Requests for Changes in the Upcoming Fixed Term
31.10 Requests for Changes to a Schedule During Fixed Term
31.11 Compressed Work Schedules (CWS)
31.12 Flexitime/Flexitour
31.13 Supervisory Discretion
31.14 Grievability
31.15 Credit Hours
31.16 Right to Reopen Article
Article 32
Overtime Assignments and Compensation
32.1 Performance of Overtime Work
32.2 Exempt or Nonexempt Employees
32.3 Distribution of Overtime
32.4 Notification of Involuntary Overtime
32.5 Overtime Performed by Nonexempt Employees
32.6 Overtime Performed by Exempt Employees
33.1 Availability
33.2 Computation of Overtime
33.3 Premium Pay Increments
33.4 Request to Use Compensatory Time
34.1 Work Assignments on Holidays
34.2 Notification to Employees
35.1 Scheduling of Travel
35.2 Travel Advances
35.3 Travel Reimbursement
35.4 Actual Subsistence Expenses
35.5 Use of Privately-Owned Vehicle
35.6 Returning Home While on Travel
35.7 Illness During Travel Status
35.8 Travel Regulations
35.9 Notice of a Difference Between Travel Voucher Claim and Reimbursement Amount
35.10 Annual Travel Reports
36.1 Federal Regulations
36.2 Parking Space Increase
36.3 Reimbursement for Parking
36.4 Office Relocation
36.5 Allotment of Parking Spaces
36.6 Parking Procedures
Article 37
Within-Grade Increases
37.1 Within-Grade Increases
37.2 Relationship to Conduct
37.3 Waiting Period
37.4 Notification
37.5 Content of Notification
37.6 Final Determination
37.7 Effective Date of a Within-Grade Increase
37.8 Effective Date of Improved Performance
37.9 Burden of Proof
37.10 Other Effective Date Issues
Article 38
Reduction In Force (RIF)
38.1 Advance Notification of RIF
38.2 Follow-up Notification
38.3 Impact and Implementation Bargaining
Article 39
Disciplinary/Adverse Actions
39.1 Definition
39.2 Exclusions
39.3 Progressive Discipline
39.4 Copies of Evidence Documents
39.5 Favorable Information In Investigative Reports
39.6 Arbitrator Request for Documents
39.7 Notification of Suspension of 14 Days or Less
39.8 Notification of Other Adverse Actions
39.9 Copies
39.10 Reprimands or Admonishments
39.11 Assessment
39.12 Employee Notification of No Action Taken
Article 40
Physical Fitness Activities
40.1 Policy and Purpose
40.2 Procedures and Guidance
41.1 Safe and Healthy Environment
41.2 Reporting of Unsafe Conditions
41.3 Employee Request for Ruling or Grievance
41.4 Employee Departure Due to Unsafe or Unhealthy Conditions
41.5 Annual Building Inspections
41.6 Posting of Evacuation Plans
41.7 Health Services or First Aid
41.8 Employee Health Maintenance Exams
41.9 Excused Absence to Assist Other Employees
41.10 Availability of Health Plan Information
41.11 Accommodations
41.12 Notice of Exposure
41.13 NRC Furnished Reports
41.14 Elevator Shutdown
41.15 Smoking Restrictions
41.16 Smoking Policy Negotiations
41.17 Smoke Enders Program
41.18 Eye Exams
43.1 Joint Labor/Management Day Care Committee
43.2 Selection of Chairperson and Vice Chairperson
43.3 Committee Function
43.4 Notice of Committee Role and Function
43.5 Recommendation of Day Care Committee
43.6 Day Care Space
Article 44
Retirement and Resignation
44.1 Retirement Planning
44.2 Retirement Information Upon Separation
44.3 Withdrawal of a Resignation/Retirement Application
44.4 Request for Annuity Information
44.5 Union Notification
Article 45
Access to Personnel Records and Information Requests
45.1 Access to Records
45.2 Copies of Documents
45.3 Privacy Act
45.4 Official Personnel Folders
45.5 Employee Records Maintained By Supervisor
45.6 Union Requests for Documents
46.1 Reasonable Efforts to Assign Other Duties
Article 47
Employee Assistance Program
47.1 Implementation
47.2 NTEU Orientation
47.3 Referrals
47.4 Counseling Sessions
Article 48
Equal Employment Opportunity
48.1 Policy
48.2 Joint Labor-Management Equal Employment Opportunity Committee
48.3 JLMEEOC Role
48.4 NTEU Participation
Article 49
Contract Related and Other Negotiations
49.1 Application
49.2 Bargaining Notification
49.3 Groundrules
49.4 Regional or Headquarter Changes
49.5 Impasses
Article 50
Labor Management Relations Committee
50.1 Procedures
50.2 Subcommittees
Article 51
Grievance Procedures
51.1 Definitions
51.2 Conditions of Employment
51.3 Informal Resolution Phase
51.4 Purpose of Grievance Procedure
51.5 Exclusions
51.6 Applicability
51.7 Joint Filing
51.8 Representation (Employee)
51.9 Representation (Institutional)
51.10 Duty Time
51.11 Filing
51.12 Timeliness
51.13 Content
51.14 Union and NRC Grievances
51.15 Step A Guidelines
51.16 Step B Guidelines
51.17 Final Step Appeal
51.18 Time Extension
51.19 Copy Distribution
51.20 Grievance Meeting Attendance
51.21 Process Participation
51.22 Document Requests
51.23 Non-grievability and Non-arbitrability
Article 52
Arbitration Procedures
52.1 Invocation
52.2 Appeal to Arbitration
52.3 Procedures
52.4 Arbitration Expense and Time
52.5 Arbitrator Responsibility
Article 53
Duration and Termination of Contract
53.1 Agency Approval
53.2 Duration
53.3 Training
53.4 Bargaining Opportunities
53.5 Groundrules
54.1 General
54.2 Management Discretion
54.3 Work Schedules
54.4 Position Eligibility
54.5 Participant Eligibility
54.6 Request to Participate in the Flexiplace Program
54.7 Supervisory Response to a Request to Participate
54.8 Office Director/ Regional Administrator Responsibility
54.9 Denial of a Request to Participate in the Flexiplace Program
54.10 Termination of the Flexiplace Arrangement
54.11 Program Coordination and Oversight
54.12 Resources and Costs
Article 55
Special Circumstance Work-at-Home
55.1 Basis for Work-at-Home
55.2 Criteria and Requirements for Approval
Article 56
Repayment of Student Loans
56.1 Policy and Provisions
Article 1
Recognition and Coverage
1.1 General Provisions
This Collective Bargaining Agreement has been negotiated and entered into in accordance with the provisions of Chapter 71 of the Civil Service Reform Act of 1978, 5 U.S.C., Section 7101 et seq., by and between the United States Nuclear Regulatory Commission (NRC) and the National Treasury Employees Union (Union) hereinafter collectively referred to as the parties. Except as otherwise specifically provided by this Agreement, notices and other written communications required by this Agreement to be given by one party to the other will be sent as follows: NRC shall send all such communications to (1) the President of Chapter 208 (with attachments), (2) the steward designated for the area(s) affected by the communication (with attachments), and (3) the NRC/NTEU Field Representative at 901 E Street, N.W., Suite 100, Washington, D.C. 20004 (without attachments). The Union shall send all such communications to the appropriate NRC management official with a copy to the Chief, Organization and Labor Relations, Office of Human Resources (HR), NRC. Provided, however, notices and other written communications involving grievances and arbitration matters will be sent by the NRC to the appropriate Union steward and to the employee, if self-represented.
1.1.1 Any written agreement which is entered into by officials of NRC and Chapter 208 officials must have the concurrence of the Chief, Organization and Labor Relations, HR, or his/her written designee in order for such agreement to be binding upon the parties. Regional officers or their designees shall have the authority to enter into binding agreements with respect to working conditions which impact only their assigned region. The Chapter President or his/her designee shall have the authority to enter into binding agreements with respect to matters affecting the entire chapter or more than one geographic location of the chapter. All current supplemental agreements between the parties (commonly referred to as a MOU) shall continue in effect unless specifically terminated by agreement or otherwise clearly superseded by this Agreement.
1.2 Unit Composition
Since November 17, 1978, the NRC has recognized the Union as the exclusive representative of the employees in the bargaining unit in the NRC Headquarters offices in the Washington, DC metropolitan area. The Union became the exclusive representative of employees in the five Regional Offices of the NRC on January 26, 1979, when they were included in the bargaining unit by certification of that date by the Federal Labor Relations Authority.
1.2.1 Included in the bargaining unit are all GG professional employees and nonprofessional employees and WG employees of the NRC except those who are excluded as set forth in 1.2.2 below.
1.2.2 Excluded from the bargaining unit are:
1.2.2.1 all supervisors as defined in 5 U.S.C. 7103(11); (Stewards who are temporarily assigned to supervisory positions will temporarily suspend their representational activities for the duration of the supervisory assignment. Exceptions may be granted by management on a case by case basis.)
1.2.2.2 all management officials as defined in 5 U.S.C. 7103(11);
1.2.2.3 all employees engaged in Federal Personnel work in other than a purely clerical capacity;
1.2.2.4 all guards;
1.2.2.5 all confidential employees as defined in 5 U.S.C. 7103(13);
1.2.2.6 all temporary employees on appointments not to exceed 90 days and with no reasonable expectancy of continuous employment;
1.2.2.7 all employees engaged in administering the provisions of 5 U.S.C., Chapter 71.
1.2.2.8 all employees engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; and
1.2.2.9 all employees primarily engaged in investigation or audit functions relating to the work of individuals employed by the NRC whose duties directly affect the internal security of the NRC but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity.
1.3 Scope
The parties agree that the provisions of this Agreement shall govern the relations of the employees and the Union with the NRC with respect to conditions of employment and other matters covered by this Agreement.
1.4 Employee Definition
Unless otherwise stated, the words "employee" or "employees," as used in this Agreement, mean an employee or employees of NRC who are included in the bargaining unit. This Agreement does not apply to employees who are excluded from the bargaining unit or to positions which are outside the bargaining unit.
1.5 Register of Bargaining Unit Employees
The NRC's Office of Human Resources, Organization and Labor Relations (HR/OLR) shall maintain a register or index of employees and positions included in the bargaining unit. HR/OLR will send a copy of such index to NTEU Chapter 208 on a quarterly basis. This listing will contain the employee's full name, Service Computation Date (SCD), title, series, grade, organization, date of last promotion, date of last increase and salary. The NRC will advise NTEU in writing of any position changes within thirty (30) days of such position changes. Either party to the Agreement may challenge the inclusion or exclusion of positions or employees from the bargaining unit by petitioning to the Federal Labor Relations Authority pursuant to regulations.
1.6 Rules and Regulations
The Agency will continue to negotiate the impact and implementation of any new NRC rule or regulation in accordance with 5 U.S.C. Chapter 71.
Article 2
Management Rights and Responsibilities
2.1 Management Rights
Nothing in this Agreement shall affect the authority of the NRC:
2.1.1 To determine the mission, budget, organization, number of employees, and internal security practices of the NRC.
2.1.2 In accordance with applicable laws-
2.1.2.1 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;
2.1.2.2 to assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted;
2.1.2.3 with respect to filling positions, to make selections for appointments from-
2.1.2.3.1 among properly ranked and certified candidates for promotion; or
2.1.2.3.2 any other appropriate source.
2.1.2.4 to take whatever actions may be necessary to carry out the Agency's mission during emergencies.
Nothing in this Agreement shall preclude the NRC and the Union from negotiating:
2.1.3 At the election of the NRC 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.
2.1.4 Procedures which management officials of the NRC will observe in exercising any authority under this section; or
2.1.5 Appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.
2.2 Management Retained Rights
All of the rights, powers, functions or authority which the NRC had prior to the effective date of this Agreement with the Union are retained by the NRC except as those rights, powers, functions or authority are specifically abridged or modified by this Agreement.
2.3 Merit System Principles
The Merit Systems principles described in this section do not independently authorize and, therefore, cannot serve by themselves as the basis of a grievance or legal action by an employee or the union.
2.3.1 Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills after fair and open competition which assures that all receive equal opportunity.
2.3.2 All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.
2.3.3 Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector and appropriate incentives and recognition should be provided for excellence in performance.
2.3.4 All employees should maintain high standards of integrity, conduct and concern for the public interest.
2.3.5 The Federal work force should be used efficiently and effectively.
2.3.6 Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards.
2.3.7 Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.
2.3.8 Employees should be:
2.3.8.1 protected against arbitrary action, personal favoritism, or coercion for partisan political purposes, and
2.3.8.2 prohibited from using their official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for election.
2.3.9 Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences:
2.3.9.1 a violation of any law, rule, or regulation, or
2.3.9.2 mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health and safety.
2.4 Prohibited Personnel Practices
The NRC shall not:
2.4.1 Discriminate for or against any employee or applicant for employment:
2.4.1.1 on the basis of race, color, religion, sex, or national origin, as prohibited under Section 717 of the Civil Rights Act of 1964,
2.4.1.2 on the basis of age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967,
2.4.1.3 on the basis of sex, as prohibited under Section 6(d) of the Fair Labor Standards Act of 1938,
2.4.1.4 on the basis of a disabling condition, as prohibited under Section 501 of the Rehabilitation Act of 1973,
2.4.1.5 on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation.
2.4.2 Solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of:
2.4.2.1 an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or
2.4.2.2 an evaluation of the character, loyalty, or suitability of such individual.
2.4.3 Coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as reprisal for the refusal of any person to engage in such political activity.
2.4.4 Deceive or willfully obstruct any person with respect to such person's right to compete for employment.
2.4.5 Influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment.
2.4.6 Grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment.
2.4.7 Appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position, any individual who is a relative (as defined in Section 3110 (a) (3) of 5 U.S.C.) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in Section 3110 (a) (2) of 5 U.S.C.) or over which such employee exercises jurisdiction or control as such an official.
2.4.8 Take or fail to take a personnel action with respect to any employee or applicant for employment as a reprisal for:
2.4.8.1 a disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs; or
2.4.8.2 a disclosure to Special Counsel of the Merit Systems Protection Board, or to the Inspector General of the NRC or another employee designated by the head of the NRC to receive such disclosures, of information which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
2.4.9 Take or fail to take any personnel action against any employee or applicant for employment as a reprisal for the exercise of any appeal right granted by any law, rule, or regulation.
2.4.10 Discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this subsection shall prohibit the NRC from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, or the District of Columbia, or the United States.
2.4.11 Take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in the Civil Service Reform Act of 1978.
2.5 Employee Donations
NRC and NTEU support the efforts and involvement of employees participating in activities such as the Combined Federal Campaign (CFC), Federal Savings Bond Drive and Blood Drives and recognize that employees have the right to choose to participate or not in such drives. While the agency has the right to provide information and materials concerning these activities, no employee will be coerced into participating nor will their right not to participate be denied.
Article 3
Employee Rights and Responsibilities
3.1 Employee Rights
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. Except as otherwise provided in 5 U.S.C., Chapter 71, such right includes the right:3.1.1 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, the Congress, or other appropriate authorities; and
3.1.2 To engage in collective bargaining with respect to conditions of employment, through representatives chosen by employees under said Chapter 71.
3.2 Representation
3.2.1 Self-Representation
Each employee shall have the right to self-representation in a grievance or to representation by the Union. However, when an employee chooses to present a grievance on his/her own behalf, the Union shall have the right to be present during the grievance proceeding.
3.2.2 EEO Representation
Consistent with law and regulation, employees will be permitted to have a representative during EEO Counseling.
3.3 Weingarten Rights
The Union shall be given the opportunity to be represented at any examination of an employee in the unit by a representative of NRC in connection with an investigation if:
3.3.1 The employee reasonably believes that the examination may result in disciplinary action against the employee; and
3.3.2 The employee requests representation.
3.4 Initial Contact By the Office of the Inspector General (OIG)
At the time the employee is initially contacted by OIG to schedule an interview, the employee is normally provided with the following information:
3.4.1 The general subject of the interview or allegation;
3.4.2 That he or she is the subject of the interview or whether the employee is being interviewed as a witness;
3.4.3 That if the employee reasonably believes that the interview may result in disciplinary action, the employee is entitled to representation during the interview by a person designated by NTEU;
3.4.4 For non-criminal investigations, the interview is normally scheduled to allow the employee an opportunity to seek the counsel of an NTEU representative. Such counseling shall not, as determined by the OIG, unduly delay the interview;
3.4.5 For criminal investigations, the interview is normally scheduled to allow the employee an opportunity to seek legal counsel from their own attorney. Such counseling shall not, as determined by the OIG, unduly delay the interview.
3.5 Office of the Inspector General (OIG) Interview Warnings
Warnings given by the Office of the Inspector General, as appropriate include:
1. Miranda: Given when an individual is being interviewed concerning his or her own potentially criminal misconduct and is taken into custody or deprived of freedom in a significant way. This warning advises, under the Fifth and Sixth Amendments to the Constitution, that the individual is entitled to remain silent or otherwise not incriminate himself or herself and to the assistance of an attorney.
2. Garrity: Informs Federal employees who are subjects of investigations, that although they would normally be expected to answer questions regarding their official duties, refusal to answer on the ground that the answers may tend to incriminate them will not subject them to disciplinary action.
3. Kalkines: Advises that the possibility of criminal prosecution has been removed, usually by a declination to prosecute by the Department of Justice, and that the employee is required to answer questions relating to the performance of their official duties or be subject to disciplinary action.
3.6 Grievance Participation
Employees, designated representatives and employee witnesses will be assured freedom from restraint, interference, coercion, discrimination, intimidation or reprisal arising out of their initiation or participation in the resolution of a grievance.
3.7 Employee Compliance
Employees recognize their responsibility to promptly comply with all orders and instructions from their supervisors. If an employee reasonably believes that an order or instruction patently violates any law, rule or regulation, he/she should state his/her beliefs to his/her supervisor. If the instruction remains unchanged, he/she should state concisely his/her beliefs promptly and orally to the next higher level of management, if that higher level of management is immediately available. If the order or instruction is confirmed by that higher level of management, or if the next higher level of management is not immediately available, then the order of instruction will be carried out promptly by the employee.
3.8 Reaction to Supervisory Instruction
The employee may document his/her belief that the order or instruction violated one or more laws, rules or regulations. If an employee refuses to carry out an order or instruction promptly and the NRC takes an adverse personnel action against the employee as a result of such refusal, that employee may assert as a defense that he/she believed the order or instruction to be illegal.
3.9 Document Concurrence
In situations where an employee disagrees with all or part of a document for which he/she would be in the concurrence chain, (including situations where the employee would be the originator of the document), the employee shall not be required to concur on any approval document regarding those areas which he/she has disagreed. In addition, the employee shall be allowed to document such differences to higher level management. Nothing in this section shall preclude any employee from exercising his/her rights under Management Directive 6.2, Differing Professional Views or Opinions.
Article 4
Union Rights and Responsibilities
4.1 Exclusive Representative
The Union is the exclusive representative of the employees and it is entitled to act for all employees in the unit. It is responsible for representing the interests of all employees without discrimination and without regard to membership in the Union. The Union is also responsible, as an institution, for any breach of this Agreement; and, additionally, for any action of its Chapter officers and stewards which breach the Agreement.
4.2 Formal Meetings
The Union shall be given the opportunity to be represented at any formal discussion [as defined in 5 U.S.C. 7114 (a)(2)(A)] between one or more representatives of the NRC and one or more employees or their representatives concerning any grievance (to include settlement discussions), or any personnel policy or practices or other general condition of employment. Accordingly, the appropriate steward will be given advance notice of any formal discussion that is to be held. If the appropriate steward or steward's designee is not available, the NRC shall contact the Chapter President, if available. This advance notice will be given unless management has been prevented from doing so due to an emergency. In situations involving a meeting with a large group of employees (such as a meeting with a Branch, Division or Office), NTEU shall receive at least a three (3) workday notice of the meeting.
4.3 NTEU Formal Meeting Participation
At the start of each formal discussion, the NRC management representative will ask any representative who may be present to state his or her name. Furthermore, the NRC management representative will permit the Union representative to ask relevant questions, and to present a brief statement before the end of the meeting outlining the Union's position concerning the issues presented by management, and to have full participatory rights during the meeting to the extent accorded to other employees. Where the Agency determines it is in the best interest of the government, the Union shall have, subject to workload and space restrictions, up to ten minutes following the conclusion of the meeting to address the employees in private. When the issues to be discussed (in a formal meeting) have been listed in a written agenda, a copy will be forwarded to the Union prior to the meeting. NRC management has the right to control the meeting and to adjourn it as NRC management sees fit.
4.4 No Strike Clause
The Union agrees there will be no strike, work stoppage, sick-out, or slowdown. The Union further agrees there will be no picketing of the NRC in a labor-management dispute if such picketing interferes with the NRC's operations. The Union further agrees not to condone any such activity by failing to take action to prevent or stop such activity.
Article 5
Reorganization and Moves
5.1 Scope
This Article covers impact and implementation bargaining on reorganizations and moves.
5.2 Union Notification
NRC agrees to notify the Union in writing of plans to reorganize, to move, and of changes in personnel policies and practices as the result of the reorganization or move in which the Union is entitled to negotiate on behalf of employees. The NRC agrees to notify the Union of plans to reorganize or relocate unit employees at least 21 days in advance of the proposed date of implementation. Where appropriate, the following information will also be provided:
5.2.1 A description of the change;
5.2.2 An explanation of why the change is necessary;
5.2.3 An explanation of how the change will be implemented;
5.2.4 A description of adverse impact on bargaining unit employees which management anticipates;
5.2.5 A proposed date of implementation.
5.2.6 Management may provide, at its discretion, a listing of alternatives to the proposed action that were considered.
5.3 Union Response
When the NRC desires to reorganize and/or move unit employees, the NRC will notify the Union at least 21 calendar days prior to the proposed date of implementation and provide information contained in section 5.2. Copies of such notification to the Union will be sent by NRC to the President of the National Treasury Employees Union, Chapter 208, and the NTEU/NRC Field Representative. If the Union desires to negotiate over the impact and implementation of the proposed reorganization and/or move, it shall provide proposals to the NRC within 10 calendar days after being notified. Alternatively, during this 10 day period it may submit a request pursuant to 5 U.S.C 7114 (b)(4) for any additional information deemed relevant and necessary. If the Union then wishes to bargain over the impact and implementation of a reorganization and/or move, it shall submit proposals to the NRC no later than 10 calendar days after the date of the NRC's response to its request. Extension of time frames may be granted on a case by case basis (e.g., to meet with employees, to brief the Union, etc.).
5.4 Office Space Assignment
If an employee enters an organization through an individual personnel action (i.e., not as a result of a reorganization or general move), he/she shall be placed in the best and most appropriate available office space that is not currently under consideration by the parties for another use. This exception does not apply to any temporary use of the space.
5.5 Meetings
Whenever management holds a meeting with employees concerning a move or reorganization, NTEU will be provided an opportunity to address employees in accordance with Article 4, Union Rights and Responsibilities, Section 4.3.
5.6 Official Time
A reasonable amount of official time shall be granted to affected employees to meet with Union officials concerning matters under this article. Employees must obtain management approval for such purposes. If a request for official time for matters under this article is denied, an explanation for the denial shall be provided.
Article 6
Trial Period Employees
6.1 Duration
The trial/probationary period for new NRC employees is generally two years. NRC will strive to advise a trial period employee of his/her performance prior to the end of the twentieth month of his/her trial period. Supervisors are encouraged to provide prompt feedback to trial period employees concerning any problems regarding their employment. Performance which deteriorates or misconduct which occurs after a performance appraisal has been issued may be made the basis for separation up to the end of the trial period.
6.2 Termination Procedures
The parties agree that when the NRC determines that a trial period employee is to be terminated, the following procedures will be followed:
6.2.1 A letter of termination will be prepared by the supervisor stating the (a) date of termination; (b) reasons for termination; (c) review rights and time limit for exercising those rights; and, (d) the name of the reviewing official to whom the request for review may be addressed;
6.2.2 The letter of termination will be concurred in by the Director, Office of Human Resources; and
6.2.3 The letter of termination should be hand-delivered or sent by certified mail to the employee as soon as possible after its preparation, but no later than the close of business the day before the last day of the probationary period.
6.2.4 The employee will be given two copies of the letter of termination.
6.3 Review Process
An employee may request a review of the termination action by the reviewing official no later than fifteen calendar days after the date the letter is received. This time limit may be extended for reasons acceptable to the reviewing official. The request for review must include evidence that the employee has demonstrated satisfactory performance or conduct in the position to which assigned. The review process does not include a hearing or the personal appearance of the individual before the reviewing official. A written decision will be issued to the individual within fifteen calendar days after receipt of the request for review. A decision by the NRC that a trial period employee is terminated is final and is neither grievable nor arbitrable. An employee who believes this action has been based on illegal discrimination may consult with an EEO Counselor. A procedural violation of this Article by the NRC may not reverse a final decision to terminate a trial period employee, and may only be remedied by compliance with the procedural requirements.
Article 7
Union Representatives
7.1 Number of Headquarters Union Officials
In NRC Headquarters (all offices in the Washington, D.C. metropolitan area), NRC agrees to recognize a maximum of 14 Union representatives at any one time who shall be granted official time to the extent provided for in Article 8 of this Agreement. Union representatives in NRC Headquarters shall consist of the Chapter 208 President, the Chapter 208 Executive Vice-President, the Chapter 208 Chief Steward, and not more than 11 stewards.
7.2 Number of Regional Union Officials
In each NRC regional office, the NRC agrees to recognize a steward group consisting of a maximum of one steward, one alternate steward, and one Union Regional Chapter Officer, for purposes of being allowed to utilize official time from a regional office bank of time.
7.3 Steward Listing
The Union agrees to provide the Chief, Organization and Labor Relations, HR, a list of stewards and alternate stewards, as described in Sections 7.1 and 7.2, within 10 workdays after the effective date of this Agreement.
7.4 Steward Changes
The Union agrees to provide to the Chief, Organization and Labor Relations, written notice of any changes in such list at least two workdays in advance, if possible, of the effective date of the change. Official bank time will not be granted to a steward whose name does not appear on the list.
7.5 Scope of Steward Appointments
All Union representatives shall be members of the bargaining unit, but no more than two (2) union representatives may be appointed from the same organization and branch. Additionally, in situations where two union representatives are appointed from the same organizational unit, the Union representatives shall make every reasonable effort to schedule use of official representational time so as to avoid simultaneous absence of the Union officials for representational purposes.
7.6 Steward Functions in Relation to Official Duties
Union stewards will arrange to perform their representation functions at a time that will present minimum interference with duties assigned by their supervisors. The supervisor may deny a steward's request to interrupt work on his/her assigned duties in order to engage in representational functions for reasons related to the steward's workload. Performance appraisals of stewards and Union representatives shall be based solely upon the performance of their NRC assigned duties in the available time to perform such assigned duties.
8.1 Official Bank Time Limitations
In addition to any official time to which Union representatives, as defined in Section 7.1, at NRC Headquarters may be entitled under Title 5, U.S.C., Section 7131 (a) and (c), such Union representatives will be allowed reasonable official bank time to perform their representational functions as described in Section 8.4, but in no event will the total official bank time allowed the 14 Union representatives at NRC Headquarters exceed a total of 4,200 hours each year from the effective date of this Agreement.
8.2 Headquarters Official Bank Time Allocation
The maximum of 4,200 hours of official bank time per agreement year shall be allocated among the President of NTEU Chapter 208, the Executive Vice President of NTEU Chapter 208, the Chief Steward of NTEU Chapter 208, and Headquarter's stewards of NTEU Chapter 208 as follows:
8.2.1 The Chapter President is allocated a maximum of 900 hours;
8.2.2 The Chapter Executive Vice-President is allocated a maximum of 500 hours;
8.2.3 The Chief Steward is allocated a maximum of 500 hours;
8.2.4 Each of the remaining Headquarters stewards is allocated a maximum of 150 hours, except as provided below; and
8.2.5 The President of NTEU Chapter 208 by notice in writing to the Chief, Organization and Labor Relations, may allocate not to exceed 650 hours to one or more of the remaining 11 stewards, provided that the number of additional hours that can be allocated to any one such steward shall not exceed 150.
8.3 Regional Official Bank Time Allocation
In addition to any official time to which Union representatives in Regional Offices may be entitled under Title 5 U.S.C. Section 7131 (a) and (c), each Union representative in each Regional Office will be allowed reasonable official bank time to perform their representational activities, not to exceed 150 hours in each agreement year. The aggregate regional bank time would not exceed 1200 hours per agreement year.
8.4 Official Bank Time Functions
Time spent in performing the following representational functions shall be charged against official bank time:
8.4.1 Confer with affected unit employees about matters for which they can receive remedial relief under this Agreement;
8.4.2 Prepare and investigate grievances, including interviewing of witnesses;
8.4.3 Prepare for arbitration;
8.4.4 Attendance at Union sponsored training on labor-management relations providing that no more than 24 hours of official bank time per representative for such purposes, per agreement year. In addition, a pool consisting of a maximum of 120 hours of official time per agreement year to allocate among all stewards;
8.4.5 To prepare and issue reports required by the Department of Labor;
8.4.6 To contact members of Congress and their staffs to discuss legislative and related matters affecting the NRC and its employees (this time may not be used to conduct internal Union business or lobbying); and
8.4.7 To maintain Union office hours (agency hours) in the main NTEU office.
8.5 Official Time Functions
With respect to the following matters only, Union representatives at NRC Headquarters and Regional Offices are granted reasonable official time which is in addition to the official time which is to be charged against an allocated bank of time and the official time to which Union representatives are entitled under Title 5, U.S.C., Section 7131(a) and (c):
8.5.1 For one Union representative to attend any formal discussion pursuant to 5 U.S.C., Section 7114(a)(2)(A):
8.5.2 For one Union representative to attend any examination, pursuant to 5 U.S.C., Section 7114(a)(2)(B), of an employee by a representative of NRC in connection with an investigation if the employee requested such attendance;
8.5.3 For one Union representative to attend any grievance meeting and any arbitration hearing in case of an appeal; however, by mutual agreement, a maximum of 2 Union representatives may attend a grievance meeting;
8.5.4 To represent an employee with respect to a reply to a notice of proposed disciplinary action, or a notice of proposed removal or reduction in grade based on unacceptable performance; and
8.5.5 For not more than 2 Union representatives to prepare for and participate in mid-term negotiations, including discussions on the impact and implementation of proposed changes in personnel policies, practices, and matters affecting working conditions; and
8.5.6 Time spent in traveling to and from the places where discussions or meetings are to be held as set forth above.
8.6 Requests for Representational Time
A Union representative must request and be granted permission from his/her supervisor or supervisor's designee to take time away from work to perform Union representation functions, unless such time is expected to be less than 15 minutes. He/she will specify the purpose by referencing the appropriate provision of (either Sections 8.4 or 8.5), expected length of such time off from official duties, the office he/she intends to visit, and a telephone number where he/she can be reached (if leaving his/her normal work area). Permission will be granted unless the representative's absence would cause a work interruption or if an emergency exists. Union representatives shall furnish the information described in this paragraph on a form which will be maintained by the supervisor. In the event that the Union representative's supervisor is unavailable, the Union's representative shall leave a message for the supervisor or designee furnishing the information described in this paragraph.
8.7 Employee Duty Time
This section does not cover NTEU stewards when acting in their representational capacity. NTEU steward official time is provided in previous sections of this article.
8.7.1 Employees who are complainants, witnesses, or representatives will be allowed duty time to attend:
8.7.1.1 grievance step meetings and hearings before arbitrators, the MSPB, FLRA, and other government agencies authorized to review employment related matters;
8.7.1.2 meetings with management officials or investigators related to the underlying issues raised in these matters.
8.7.1.3 employees who are complainants, witnesses, or representatives will be allowed reasonable duty time to prepare for the matters described above for which employees are allowed duty time.
8.7.2 Employees who are complainants, witnesses, or representatives will be allowed reasonable duty time to attend:
8.7.2.1 meetings with a Union representative to discuss potential grievances, grievances which he/she has filed or knowledge he/she may have regarding a grievance filed by another employee (witness).
8.7.3 Employees who are complainants, witnesses, or representatives in the EEO process (29 C.F.R. Part 1614) will be allowed duty time to attend meetings and hearings with management officials or EEOC Administrative Judges.
8.7.4 Requests for duty time or reasonable duty time as described in 8.7.1, 8.7.2 and 8.7.3 above may be denied only if the employee's absence would cause a work interruption or an emergency exists. Reasonable duty time is generally defined in terms of hours, not in terms of days, weeks or months. In rare instances, i.e., a protracted, complex case, the Agency recognizes that the cumulative amount of reasonable duty time allotted could exceed the norm.
8.7.5 Employees desiring to use duty time or reasonable duty time pursuant to this section must request permission from their supervisors in advance, and must report the time consistent with applicable Agency time and labor reporting requirements.
8.8 Official Time Disputes
If a dispute arises about the amount of time used under Section 8.5, the time will be carried under bank time until the dispute is settled.
8.9 Credit Hours
To the extent permitted by Article 31, Hours of Work, union representatives, as defined in Article 7, may earn credit hours while performing representational functions for which official time is authorized.
Article 9
Union Access to NRC Facilities
9.1 Union Office Space
Depending upon the continuing availability of space in buildings it occupies, NRC agrees to make an office approximately 270 square feet in size available to the Union for its exclusive use. Subject to the availability of furniture, the NRC agrees to provide the Union with a desk, typewriter, table, a four or five drawer lockable file cabinet, a bookcase, and four chairs. The NRC agrees that the Union may install a commercial telephone line in such office space and the Union shall be responsible for the installation, maintenance, and use expenses thereof. The Union agrees to also be responsible for the maintenance, safety and security of such space and furniture, consistent with applicable building and security regulations.
The agency will also provide the Union with an office of convenience in the Two White Flint North building as soon as practicable.
9.2 Meeting Space
Subject to applicable Government-wide regulations, the NRC, when requested reasonably in advance, will permit the Union to use, for labor relations and representational purposes, such official meeting space as is available based upon NRC's need for such meeting space for official purposes. Additionally, NRC, when requested reasonably in advance, will permit the Union to use other such private space which is reasonably available as determined by NRC. The NRC agrees to grant the Union the right to reserve such meeting space, subject to the same rules which apply to use by other employees or employee groups. NRC agrees that each Union official shall be provided with a lockable desk or a lockable file cabinet.
9.3 Use of Telephones
Employees, including those who represent the Union, may use the government telephones at their places of employment to communicate concerning labor relations matters, but shall not have the right to use such telephones to perform any of the internal business affairs of the Union.
The NRC's telephones shall be used only for interagency or local calls, except for those related to representational duties. If, inadvertently, long distance calls are made from the government telephone by any Union representative while that representative is conducting Union business, the Union agrees to reimburse the NRC for the use of such telephones when commercial lines are used.
9.4 Union Elections
Activities of employees relating to Union elections shall only be performed during the time employees are in a non-duty status. The NRC agrees that the Union may place ballot boxes in spaces designated by the NRC. This space will be limited to one (1) location per building in Headquarters and one (1) location per Regional Office. The Union agrees to provide the NRC a 30-day advance notice prior to such elections. The NRC assumes no responsibility for the safety or security of the ballot boxes.
9.5 Building Access
A Union representative who is not an NRC employee will be allowed access to the NRC's premises under the same security procedures which are or will be applied to other visitors to the same NRC premises. Any activities performed by an employee who is visited relating to the internal business of a labor organization shall be performed during the time the employee is in a non-duty status.
9.6 Use of Computer Systems
NRC computer systems are to be used in accordance with agency and Federal policies and regulations.
Employees, including those who represent the Union, may use NRC's e-mail system to communicate concerning labor relations matters but shall not have the right to use NRC computer systems to perform any of the internal business affairs of the Union or for the personal affairs of employees. Employees will not use NRC computer systems to lobby Congress.
The Union can use the NRC's e-mail system for communications within the NRC. Except as specified below, the NRC's e-mail system is to be used by the Union to communicate only with bargaining unit members and only for labor relations and representational purposes. NRC computer systems will not be used by the Union to perform any of the internal business affairs of the Union. Messages shall not contain any libelous or slanderous statements pertaining to the Federal Government, to NRC, or to any NRC supervisor or management official. The Union is not permitted to use NRC computer systems to lobby Congress.
The Union is permitted to use the E-mail system to send messages directly to 25 or fewer individuals (including addressees, cc's, and bcc's), regardless of bargaining unit eligibility. The Union may send messages directly to more than 25 individuals provided the following conditions are met: 1) messages are sent only during off-peak hours (i.e., outside the duty hours of 6:45 a.m. and 5:00 p.m.); 2) messages are sent only to bargaining unit members, and 3) in accordance with other technical guidance offered by the Network Control Center (NCC). Technical guidance offered by the NCC in sending broadcast e-mail messages includes, but is not limited to the following: postponing message delivery in the event of network problems (e.g., NCC notifies the agency of scheduled or unscheduled maintenance of the network); setting expiration dates (e.g., 5 days) to purge messages from in-boxes where it has not been read; and sending messages with "None" as the option for Status Information.
The Union may also use the Network Control Center and the NRC e-mail system to communicate with more than 25 individuals (including addressees, cc's, and bcc's) at NRC, when these individuals include non-bargaining unit members. Such messages shall be sent to the Chief, Organization and Labor Relations and designee(s) for review at least one work day in advance of intended transmittal. The Chief, Organization and Labor Relations and/or designees may provide advice or comments on such communications. However, NTEU is not required to accept such advice or comments. When such use of the NCC is requested, the Union will provide the appropriate geographic or organizational distribution requirements, along with the message to be sent. The agency will make a good faith attempt to transmit the Network Bulletin via the NCC within 24 hours after receipt.
Article 10
Union Access to NRC Services
10.1 Copy Machine
NRC agrees to allow Union representatives to use NRC self-service copying facilities in connection with their representational activities. The duplication of documents for internal Union business is prohibited.
10.2 Mail Services
Neither employees nor Union representatives, in connection with matters covered by this Agreement, shall use the following services for the transmittal of written material; Government franked envelopes, express, priority, certified, classified, or registered mail, courier, interagency mail; or private, expedited delivery service. However, the Union will be allowed reasonable use of the facsimile for transmittals between Union officials, and between Union officials and Labor Relations Specialists, for representational activities.
10.3 Intra-agency Mail
Standard Form 65-B, "U.S. Government Messenger Envelope," NRC Form 149, "To be Opened by Addressee Only," and "blue bag" may be used by employees and Union representatives, in connection with labor relations matters for the transmittal of written material to and among employees, Union representatives, and NRC supervisors and management officials. Individual unit mail station drops may be used by Union representatives to distribute material concerning labor relations matters. Desk drops and mail drops shall not be used, except as provided below.
10.4 Newsletter Distribution
The Union's newsletter may be distributed to the employees during non-duty hours by deliveries to individual unit mail stations of such employees when such stations exist. However, the Union may distribute its newsletter through the intra-agency mail system provided that each newsletter is labeled by the Union with the name and the mail station of the addressee. The Organization and Labor Relations Branch will be included on the distribution list.
10.5 Collective Bargaining Agreement Distribution
NRC agrees to print sufficient copies of the Agreement so that all employees who are and all employees who will become members of the bargaining unit may receive a copy. NRC also agrees to furnish to the Union 50 extra copies of this Agreement prior to the effective date of the Agreement and any additional copies, from time to time, which may be required during the normal course of business. The NRC agrees to provide all newly hired unit employees with a copy of this Agreement on or before the fifth workday after the date the new employee enters on duty.
10.6 Collective Bargaining Agreement Format
It is agreed that the printed Agreement be preceded by the Preamble and a Table of Contents which sets forth the Article numbers, titles and page references. The printed Agreement shall be followed by an alphabetical subject matter index, jointly prepared by the NRC and NTEU, Chapter 208.
10.7 Internal Union Business
10.7.1 Any activities performed by an employee, including any employee who represents the Union, relating to the internal business of the Union (including the solicitation of membership, elections of Union officers, and collection of dues) shall be performed during the time the employee, including one who represents the Union, and any other employee who is being solicited, are in a non-duty status. Further, the parties agree that employees, including Union representatives, may not conduct internal Union business on official time. The Union agrees to notify Union members that such activity is prohibited through annual announcements published in its newsletter and/or posted on its bulletin boards.
10.7.2 Employees, including Union representatives, shall not perform any services for the Union during their duty hours, except as expressly allowed under Article 8, Official Time.
10.8 Management Directives
NRC will furnish to the President of Chapter 208 one copy of NRC's organizational listing of positions whenever it is issued for general use and, unless otherwise available (e.g., agency web), 20 copies of each existing and future NRC Management Directives concerning personnel policies, practices, and conditions of employment.
10.9 Distribution of Union Literature
The NRC agrees to permit representatives of the Union to distribute Union literature in non-work areas, provided that both the representative distributing and the individual receiving such material is in a non-duty status. Non-work areas include snack bars, hallways, cafeterias, entrances and rest rooms. Such material shall not contain libelous or slanderous statements pertaining to the Federal government, to NRC, or to any NRC supervisor or management official. The Union agrees to provide a copy of the material to be distributed to the Chief, Organization and Labor Relations, reasonably in advance of distribution. Desk drops will not be permitted. Representatives will be allowed to leave representational material at existing central mail stations for each building for further distribution.
10.10 NTEU Office Computer Equipment
To facilitate the exchange of labor relations information between the parties, the NRC agrees to offer the following computer equipment and software to NTEU for its exclusive use:
Three computers configured similar to agency employee's systems and one LAN printer.
10.11 NTEU Representative Pictures
In each NRC building (OWFN, TWFN, Regional Office, TTC), NTEU will be permitted, consistent with applicable law and regulation, to post a picture of NTEU representatives. These pictures will be approximately the same size as current pictures of EEO Counselors. NTEU will provide the pictures, coverings and frames and will maintain and update these pictures. NTEU will assume the cost of any significant damage or repair associated with this endeavor caused by NTEU.
11.1 Bulletin Boards Usage
The NRC agrees to permit the Union to post notices and issuances on one-third of the space on all NRC bulletin boards located in any NRC building.
The Union may, if permitted by the lessor and by applicable Government-wide regulations, furnish one board similar in size to an NRC board. Such bulletin board shall be mounted at a location as close to the NRC bulletin board as practicable. If a separate bulletin board is erected by the Union, its space on the nearby NRC board will be relinquished. In no event shall the number of bulletin boards furnished by the Union exceed the number of NRC bulletin boards in the same building.
The Union is responsible for assuring that Union material is not placed elsewhere than on NRC bulletin boards and/or on bulletin boards furnished as stated above. Federal Property Management Regulations prohibit the placing of notices or issuances on walls or other painted surfaces. The Union shall be responsible, in accordance with applicable Federal Property Management Regulations, for all material posted by the Union. Notices and issuances which contain libelous and/or slanderous material pertaining to the Federal Government, to the NRC or to any NRC supervisor or management official, shall not be posted. The bulletin boards will be monitored periodically by the Union to assure that such material is not posted. NRC shall have the right to remove any libelous or slanderous material it finds posted on Union space or bulletin boards.
11.2 Video Equipment
The Union will be allowed to borrow videotapes of public commission meetings which are normally available to employees, to the extent permitted by law and regulations. The Union will also be provided video equipment necessary to view the tapes in accordance with applicable agency procedures. The Union agrees not to copy or permit the copying of these videotapes.
The Union will be allowed to transmit brief informational messages, i.e., notification of meetings via agency closed circuit monitors. Messages will be transmitted at times to be determined by the agency during normal working hours and in accordance with agency procedures.
Use of this "electronic bulletin board" will be subject, on a case-by-case basis, to the approval of the Chief, Organization and Labor Relations. The Union will not use this medium for recruitment purposes.
11.3 Video Broadcast
The NTEU will be permitted, on a case by case basis, as determined by management, to transmit information via the agency's closed circuit TV system. NTEU must provide pre-recorded video tapes for management review and approval.
Article 12
Weekly Orientation Meetings
12.1 Content and Duration
The NRC will permit the Union up to 30 minutes of official time to address new employees during the NRC weekly orientation. The Union will have the right to discuss the contract, current labor-management issues, the laws and regulations on Federal sector labor relations, its internal structure or any other subject that does not slander or libel a government official. The Union may distribute orientation packages to new employees during such sessions. The Union may not solicit membership or dues, or otherwise conduct any activities relating to the internal business of the Union during such meetings. Questions concerning these matters will be deferred by the Union representative and the employee to their non-duty hours.
12.2 New Employee Notification
The NRC agrees to provide the Union with the name and organization of all new employees within 20 workdays of the date they begin service with the NRC.
13.1 Eligibility
The purpose of this Article is to permit eligible employees who are members of the Union to pay dues through the authorization of voluntary allotments from their compensation. This Article covers all eligible employees:
13.1.1 Who are members in good standing in the Union;
13.1.2 Who are assigned to positions in the bargaining unit;
13.1.3 Who have voluntarily completed Standard Form (SF) 1187, Request and Authorization for a Voluntary Allotment of Compensation for Payment of Employee Organization Dues; and
13.1.4 Who receive compensation sufficient to cover the total amount of the allotment.
13.2 Remittance
Remittance check(s) will be made payable to the NTEU and will be mailed within eight (8) workdays of the close of a pay period, as follows:
Administrative Controller
National Treasury Employees Union
901 E Street, N.W., Suite 600
Washington, DC 20004
13.3 Certification
The NTEU National President or any Chapter Officer who has submitted proper notification to the Chief, Organization and Labor Relations, is authorized to make the necessary certification of SF-1187.
13.4 Union Responsibilities
The Union agrees to assume responsibility for:
13.4.1 Informing and educating its members on the voluntary nature of the system for allotment of Union dues; including the conditions under which the allotment may be revoked.
13.4.2 Purchasing and distributing to its members SF-1187 and the accompanying statement required under the Privacy Act of 1974.
13.4.3 Informing the Chief, Organization and Labor Relations, of changes in Sections 13.2 and 13.3 of this section.
13.4.4 Forwarding properly executed and certified SF-1187 to the Chief, Organization and Labor Relations, on a timely basis.
13.4.5 Forwarding an employee's revocation (memorandum of SF-1188, Revocation of Voluntary Authorization for Allotment of Compensation for Payment of Employee Organization Dues) to the Payroll Office when such revocation is submitted to the Union.
13.4.6 Informing the Chief, Organization and Labor Relations, of the name of any participating employee who has been expelled or ceases to be a member in good standing in the Union within 10 days of the date of such final determination.
13.4.7 Informing the Chief, Organization and Labor Relations, of any change in the amount of membership dues.
13.5 Agency Responsibilities
The NRC agrees to assume responsibility for:
13.5.1 Having the servicing personnel office, upon receipt of a properly certified SF-1187, stamp the date it was received on the back of the form and forward it to the Payroll Office within 72 hours of its receipt.
13.5.2 Withholding dues on a biweekly basis.
13.5.3 Beginning with the first full pay period 6 months after this agreement is signed and continuing biweekly thereafter, a diskette or other appropriate device containing the following information will be provided within 9 calendar days of the close of each pay period:
13.5.3.1 Record Format:
Record Length - 80 characters
Block Length - 10 records (800 characters)
Standard header and trailer label
File sequence - social security number (ascending)13.5.3.2 Record Format Positions:
Positions Descriptions
1-9 Social Security Number
10-12 Chapter number
13-21 Initial of first name (Left justified)
22 Middle initial
23-37 Last name (left justified)
38-41 Dues withholding amount
42-44 Seasonal W.A.E. identification
45-80 Code to reflect the following information where applicable:
(1) "D" = continuing
(2) "E" = no dues deduction because employee's compensation insufficient to permit a deduction
(3) "F" = new allotment
(4) "G" = revocation
(5) "H" = separation
(6) "I" = pay adjustment
(7) "J" = movement out of recognition area
(8) "K" = W.A.E. to non-duty13.5.3.3 The total gross amount deducted for all employees.
13.5.4 Notifying the employee and the Union when the employee is not in the bargaining unit.
13.5.5 Withholding new amounts of dues upon certification from the NTEU National President so long as the amount has not been changed during the past 12 months.
13.5.6 Transmitting checks to the allottee designated by the Union.
13.5.7 Transmitting magnetic reel(s) pursuant to Section 13.5.3 to the NTEU National Office.
13.5.8 Having the Payroll Office, upon receipt of a properly executed SF-1188 or other revocation document, stamp the date received on the form or other revocation document.
13.5.9 Having the Payroll Office provide local NTEU Chapters with a copy of SF-1188 or other revocation documents received within a reasonable time.
13.5.10 Providing the information specified in Section 13.5.3 to the local chapter on floppy disk in ASCII format as soon as practicable.
13.5.11 An employee changing to a (G) revocation, (H) separation, or (J) movement out of the recognition area will be placed on the electronic list only once for the pay period in which their dues withholding status changed. The following pay period that employee will be removed from the electronic list.
13.6 Voluntary Allotments
The NRC agrees that it is responsible for processing voluntary allotments of dues in accordance with this Article. Nothing in the Agreement, however, will require an employee to become or remain a member of a labor organization or to pay money to the organization except pursuant to a voluntary written authorization by a member for payment of dues through payroll deductions or by voluntary cash dues payment by a member.
13.7 Allotment Processing
The parties agree that:
13.7.1 The formula for determining the amount of the dues to be deducted as allotments from compensation may not be changed more frequently than once in 12 months.
13.7.2 The Union will pay no fee for these services.
13.7.3 Corrections of administrative errors in remittance checks normally will be made within four weeks of discovery. If the Union is not scheduled to receive a remittance check after discovery of the error, the Union agrees to promptly refund the amount of erroneous remittance.
13.8 Effective Date of Allotment
The start of dues withholding will begin on the first full pay period after the receipt of a properly executed and certified SF-1187 in the Payroll Office.
13.9 Changes in Dues Withholding Amount
Changes in amounts of dues will begin the first full pay period after receipt of the appropriate Union certification in the Payroll Office, as long as the amount has not been changed during the past twelve months.
13.10 Termination
13.10.1 Termination due to loss of membership in good standing will begin the first full period after the date of receipt of notification in the Payroll Office.
13.10.2 Termination due to separation or movement out of the exclusive unit will result in a final deduction composed of the full amount of dues withholding rate for the pay period. The final deduction will be made for the last full pay period in which the employee was a member of the bargaining unit.
13.11 Insufficient Amounts
13.11.1 NRC agrees that in those cases where an insufficient amount of dues has been withheld from an individual employee, the error will be adjusted as soon as practicable after NRC becomes aware of the error, provided the employee is due compensation.
13.11.2 The adjustment will be shown on the employee's earnings and leave statement covering the pay period in which the error was corrected.
13.12 Involuntary Cancellation of Dues Withholding
When a bargaining unit employee is assigned to a non-bargaining unit position as a result of a personnel action, and the employee has dues withheld through a payroll allotment, the employee's allotment will be cancelled when the personnel action is processed.
NRC agrees to provide NTEU a listing of employees that have had their dues involuntarily cancelled as soon as practicable.
13.13 Voluntary Cancellation of Dues Withholding
Pursuant to Federal Statute, employees who are having Union dues withheld from pay as the result of the execution of a voluntary Dues Withholding Agreement may terminate said withholding agreement as follows:
Revocation after one (1) year of membership - Revocation notices for employees who have had dues allotments in effect for more than one (1) year may be submitted to NRC at any time. However, the effective date of cancellation will be the first full pay period of the following September. Revocation notices received during the first full pay period of September, will be effective the first pay period the following September.
Revocation before one (1) year anniversary of membership - Revocation notices for employees who have not had dues allotments in effect for one (1) year may be submitted to NRC on or before the one (1) year anniversary date of their dues allotment. The effective date of cancellation will be the first full pay period after the employee's anniversary date.
NRC agrees to provide NTEU a listing of employees that are terminating their dues withholding as soon as practicable after receipt of request.
Article 14
Overpayments to Employees
14.1 Claim Waiver
The NRC will consider all applications to waive a claim arising out of an erroneous payment of pay or allowances, other than travel and transportation expenses and allowances and relocation expenses payable under Section 5724a of Title 5, U.S.C., on a case-by-case basis. The application must be received by the NRC within three years immediately following the date on which the erroneous payment was discovered. The NRC will decide each application in accordance with applicable law and Government-wide regulations.
14.2 Waiver Criteria
Claims may be waived in whole or in part if collection action under the claim would be against equity and good conscience and not in the best interests of the United States. Generally these criteria will be met by a finding that the erroneous payment of pay or allowances occurred through administrative error and that there is no indication of fraud, misrepresentation, fault or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim. Any significant unexplained increase in pay or allowances which would require a reasonable person to make inquiry concerning the correctness of his/her pay or allowances, ordinarily would preclude a waiver when the employee fails to bring the matter to the attention of appropriate officials. Waiver of overpayments of pay and allowances under this standard necessarily must depend upon the facts existing in the particular case.
14.3 Collection
When an employee has been determined to be indebted to the United States because of an erroneous payment which is not waived, the amount of the indebtedness may be collected in monthly installments, or at officially established regular pay period intervals, by deduction in reasonable amounts from the current pay account of the employee. The deductions may be made only from basic pay, special pay, incentive pay, retired pay, or in the case of an employee not entitled to basic pay, other authorized pay. Collection shall be made over a period not greater than the anticipated period of employment. If the circumstances warrant, consideration will be given to permitting the employee to pay the debt over the same number of pay periods as were involved in the erroneous overpayment. The amount deducted for any period may not exceed two-thirds of the pay from which the deduction is made, unless the deduction of a greater amount is necessary to make the collection within the period of anticipated employment. If the employee retires or resigns, or if his/her employment otherwise ends before collection of the amount of the indebtedness is completed, deduction shall be made from later payments of any nature due the individual from the NRC.
15.1 Annual Leave
Employees shall earn and use annual leave in accordance with applicable statutes and regulations, including the Family and Medical Leave Act referenced in Article 20, Family Leave. Supervisors shall grant or deny leave requests in accordance with the criteria set forth in Section 15.2. Both employees and leave approving officials have the obligation and responsibility for advance scheduling of annual leave.
15.2 Requests
15.2.1 Requests for annual leave which are for periods of three consecutive workdays or less must be made in advance and may be made orally unless a supervisor requires the requests to be in writing or e-mail. Requests for annual leave which are for periods in excess of three consecutive workdays shall be made in advance and in writing on SF-71. Requests to use annual leave shall be granted or denied promptly. The supervisor may deny annual leave requests for reasons related to the employee's workload, and/or the workload in the employee's organizational segment which could affect the employee's workload. Workload related reasons include the fact that other employees have been granted annual leave during the period in question and the fact that the employee may be required, due to unusual circumstances, to perform work during the period in question.
15.2.2 In the event that a supervisor denies an employee's request for annual leave during a specific time period due to workload restrictions, the supervisor will, if requested and to the extent practicable, specify an alternative time when the block of requested leave may be taken.
15.2.3 Once an employee's request for annual leave has been approved, the approval may not be revoked unless, because of changed circumstances, the employee's absence would cause a severe workload problem.
15.2.4 When two or more employees' requests for annual leave create a workload problem in the employees' organizational segment, the employees will be requested to resolve the problem among themselves. If they are unable to do so, the requests, if granted, will be granted in the order that the supervisor received them.
15.3 Consecutive Leave Weeks
Subject to the provisions of Section 15.2, the NRC agrees to grant annual leave in a manner which permits each employee, if he/she wishes, to take at least 2 consecutive weeks of annual leave each year, provided the employee has a sufficient leave balance or will have accrued a sufficient leave balance by the end of the current leave year, or by the termination date of his/her appointment, whichever is sooner.
15.4 Use or Lose Leave
The NRC agrees to continue its practice of advising employees about the law and regulations pertaining to the forfeiture of "use-or-lose" annual leave. Such advice will be given annually in writing and will be published far enough in advance of the end of the leave year to permit employees in a "use-or-lose" situation to meet the statutory and regulatory guidelines for avoiding forfeiture of annual leave.
15.5 Substitution of Leave
When sickness occurs within a period of annual leave, the employee may request that the period of illness be charged as sick leave and the annual leave would be reduced accordingly. Such requests to substitute sick leave for annual leave should be made as soon as possible after return to duty, and if the sick leave exceeds 3 consecutive workdays the supervisor may require the employee to furnish either a medical certificate or other reasonably acceptable evidence. When the request for sick leave, which is to be substituted, complies with Article 16, it shall be approved.
16.1 Sick Leave
An employee shall earn and use sick leave in accordance with applicable statutes and regulations, including the Family and Medical leave Act (FMLA) referenced in Article 20, Family Leave. Sick leave is for use when an employee is physically incapacitated to do his/her job, or for related reasons. Such related reasons are:
16.1.1 Exposure to a contagious disease that would, as determined by appropriate health authorities or providers, jeopardize the health of coworkers if the employee were present on the job;
16.1.2 Presence of contagious disease in an employee's immediate family which requires his personal care;
16.1.3 Dental, optical, or medical examination or treatment;
16.1.4 Absences related to the adoption of a child;
16.1.5 Absences to arrange or attend the funeral of a family member; or
16.1.6 Providing care for a family member, and administering care for a child or other dependent.
Supervisors have the authority and responsibility to determine that the nature of the employee's illness was such as to incapacitate him/her for his/her job and that the other reasons for which sick leave is granted are valid.
16.2 Supervisory Notification
Notice of unanticipated sick leave will be given by the employee to his/her supervisor or the supervisor's designee, as soon as practical, but not later than 2 hours after the employee's assigned time for reporting to work on the first day of his/her absence and on each day thereafter. If the degree of Illness or injury prohibits compliance with the above 2 hour limit, the employee will report his/her absence as soon as possible.
16.3 Leave Requests
Sick leave requests for scheduled medical, dental or optical examinations, operations or treatment must be made as far in advance as practical. When practical, such requests will be made no less than 3 workdays prior to the intended absence. Requests for scheduled sick leave of 8 hours or less may be made orally unless the supervisor specifically requires the requests to be in writing. All requests for scheduled sick leave in excess of 8 hours shall be made in writing on form SF-71. Such requests by the employee will be approved in accordance with the criteria set forth in Section 15.2.
16.4 Release from Duty
An employee who, because of illness, is released from duty by the supervisor after reporting to the work site, will not be required to furnish a medical certificate to substantiate sick leave for the day released from duty.
16.5 Medical Documentation
Supervisors may require an employee to furnish either a medical certificate or other evidence acceptable to a reasonable person to substantiate a request for approval of sick leave if the sick leave exceeds 3 consecutive full workdays.
An employee is required to furnish evidence acceptable to a reasonable person to substantiate his/her request, for approval of sick leave for periods of 3 consecutive workdays or less; but shall not be required to furnish a medical certificate. In cases involving evidence of sick leave abuse the NRC may give written notice to the employee that he/she must furnish a medical certificate for absence of work which he/she desires to charge to sick leave. A medical certificate for the purposes of this agreement is a written statement showing the name, address, and telephone number of the physician or medical treatment facility, bearing the handwritten signature of the attending physician or other medical personnel responsible for treatment, and containing sufficient medical information upon which to determine whether sick leave should be granted or denied in accordance with the provisions of Section 16.1.
When an employee is requested to submit administratively acceptable evidence or medical certification supporting an employee's need for sick leave, the employee must submit the information in accordance with the provisions of 5 CFR 630.403 (which currently requires that the employee submit the information no later than 15 calendar days after the date the agency requests such medical certification, or if it isn't practicable for the employee to do that in spite of diligent efforts, the employee must submit the documentation within a reasonable time period but no later than 30 calendar days after the date the agency requests such documentation). This paragraph was added by Memorandum of Understanding signed October-2006.
16.6 Chronic Medical Condition
If an employee suffers from a chronic condition which does not require frequent medical treatment, although absence from work is necessary as established by a medical certificate of the chronic condition, the employee will not be required to furnish a medical certificate for each medical treatment. Medical certifications establishing such circumstances, shall be updated from time-to-time upon request of the supervisor based on the circumstances of the particular case. These certificates shall be personally signed by the attending physician.
Article 17
Advanced Annual and Sick Leave
17.1 Accrual of Annual Leave
Annual leave which will accrue during the leave year will be made available to all full-time employees at the beginning of the leave year for use during the year in accordance with applicable leave regulations.
17.2 Advanced Sick Leave
Employees with no sick leave to their credit may be granted sick leave in advance of its actual accrual if there is reason to believe that they will return to work after having used the leave. Permanent employees may be advanced up to 30 days of sick leave. Temporary employees may be advanced a quantity of sick leave up to the amount they would earn during the remaining period of their appointment.
18.1 Full or Part-Time Study
Employees who have completed 5 years with the NRC may request leave without pay for periods up to one year to engage in full or part-time study. Leave without pay for such educational purposes is a matter of administrative discretion and will be granted or denied in accordance with the provisions of applicable rules and regulations. This provision does not impose upon the NRC any obligation to reimburse the employee for such course of study.
18.1.1 Applications for leave without pay must be received 6 months in advance of the employee's proposed absence. Applications for such leave will be considered in the order in which they were received. If the course of study is one which combines work and study, the work portion is subject to the outside employment requirements of the NRC. The NRC may waive this advance notice requirement.
18.2 Conversion from Annual/Sick Leave
Upon the request of an employee, an approved absence which would otherwise be charged to sick leave or annual leave may be converted to leave without pay at the discretion of NRC in accordance with applicable rules and regulations. Requests for leave without pay which do not have any conversion aspects, shall be granted or denied in accordance with applicable rules and regulations.
18.3 Family Leave Activities
18.3.1 In accordance with Article 20.8 (Expanded Family and Medical Leave), and applicable law, policy, and regulation, employees may be granted up to 24 hours of leave without pay each year for the following activities:
1. to participate in school activities directly related to the educational advancement of a child (such as parent-teacher conferences, field trips, etc.;
2. to accompany a child to routine medical or dental appointments, examinations and vaccinations; or
3. to accompany an elderly relative to routine medical or dental appointments or other professional services related to the care of the elderly relative, such as providing for housing, meals, telephones, and banking services.
18.3.2 In addition, in accordance with the Family and Medical Leave Act referenced in Article 20, Family Leave, eligible employees are entitled to up to 12 weeks of unpaid leave (leave without pay) during any 12 month period for absences:
1. related to the birth and care of the employee's newborn son or daughter;2. the placement with the employee of a child for adoption or foster care;
3. the care of an employee's spouse, son, daughter, or parent with a serious health condition; or
4. a serious health condition of the employee that makes the employee unable to perform any one or more of the essential functions of his/her job.
19.1 Public Elections
When the public election polls are not open at least 3 hours either before or after an employee's regular hours of work, the employee will be authorized an amount of excused absence which will permit him or her to report for work up to 3 hours after the polls open or leave work up to 3 hours before the polls close, whichever requires the lesser amount of time off.
19.2 Office Closure Notification
The NRC agrees that whenever it becomes necessary to close any office because of inclement weather or any other emergency conditions and to grant excused absence to those who are excused because of the emergency, reasonable efforts will be made to inform all employees by private or public media.
19.3 Commuting
19.3.1 If inclement weather, emergency conditions or unanticipated short-term commuting delays (e.g., unanticipated interruption of public transportation) within the commuting area of the office or duty station, which has a general adverse effect upon commuting, prevents an employee from getting to work on time when the office or duty station is not closed, the employee will be excused for absences of up to 2 hours if the employee made reasonable continuing efforts to reach the office or duty station by the available means of transportation.
19.3.2 If the employee will be more than 2 hours late, the employee must call the office or duty station and notify his/her supervisor or designee of the efforts made and/or of the efforts which will be made to get to work. Requests for excused absences of up to and including 2 hours will be submitted to the employee's supervisor. Requests for excused absences of more than 2 hours will be submitted to the Director, Office of Human Resources, or the appropriate Regional Administrator.
19.3.3 Employees will not be provided excused absence for any part of a day on which the employee does not report for duty at all during that day. If the employee is unable to arrive at their office or duty station, they may request appropriate leave for that day.
19.3.4 The provision for excused absence as specified in 19.3.1 and 19.3.2 above also applies to employees assigned to a temporary duty location. The conditions to be considered are those at the temporary duty location.
19.3.5 This section does not preclude Office Directors, Regional Administrators, or other Agency officials, from otherwise exercising their authority to grant excused absence pursuant to applicable Agency policy and OPM direction.
19.4 Office Closure Authority
If inclement weather or any other emergency conditions cause the Executive Director for Operations or a Regional Administrator to close an office or station, the NRC will grant the appropriate amount of excused absence for employees, except essential personnel in that office, for the remainder of their administrative workday.
19.5 Union Recommendation for Office Closure
The Union may communicate with the Chief, Organization and Labor Relations, in Headquarters, and the Administrative Officers in each Regional Office for the purpose of making the Union's views known when the conditions described in Section 19.4 exist. These officials will consider the Union's recommendations regarding the decisions to close an office.
19.6 Media Used
During the first full pay period in November of each year, the NRC will issue a notice to each employee identifying which media services will carry information concerning inclement weather and emergency situations.
19.7 Blood Donation
An employee who donates blood to the NRC's blood donation program will be excused for a maximum of 4 hours without charge to leave. This period of time should cover the time spent in donating the blood and the period of recuperation which follows the donation, and may be extended as the situation warrants.
19.8 Occasional Tardiness
Occasional tardiness of one hour or less beyond the employee's normal starting time or beyond the time that the employee would normally report back from his/her lunch break may be excused by the supervisor based upon circumstances acceptable to a reasonable person. When tardiness is not excused, the supervisor shall permit the employee to take appropriate leave and/or allow the employee, if practicable, to make up the period of tardiness by working later on the workday he/she was tardy. The period of tardiness made up by working later in the workday can be in any increment, not necessarily limited to 15-minute increments since time and attendance data entry is not required.
This section does not apply to an employee to whom a leave requirements letter has been issued. This section does not waive management's right to charge AWOL and/or take disciplinary action regarding tardiness when an employee's timely presence is required due to a regular or specific assignment, duty, or responsibility or their tardiness is considered beyond occasional.
The parties recognize the difficulty in defining or quantifying "occasional." Suffice it to say that "infrequent," "now and then," "intermittent" and "every so often" are terms that come to mind. The employee should be notified of any charge of AWOL as soon as practicable.
19.9 Professional Activities
An employee, engaged in NRC activities where a professional or technical certification would be in the interest of NRC, may be authorized by the supervisor when permitted by the individual's workload, an excused absence to take the examination. Absences will be limited to the actual time required, but not to exceed a total of 3 workdays. An employee may also be granted an excused absence to attend to matters which are prerequisites to receiving such a professional or technical certification, e g., swearing in ceremonies or personal interviews before a
professional licensing committee. Examples of such examinations include, but are not limited to, the CPA examination, professional engineer examination, and the bar examination.
19.10 Privately Owned Vehicle
When an employee is delayed while in official travel status by reason of the breakdown of a privately owned vehicle, the use of which was determined to be advantageous to the Government, his/her per diem allowances will not be reduced and the period of delay will not be charged to leave if the period of delay was reasonable and the traveler's action following the breakdown accords with administrative instructions or was administratively approved.
20.1 Maternity Leave
For leave purposes, pregnancy shall be treated like any other medically certified temporary disability. Maternity leave may be a combination of as many as three separate kinds of leave: sick leave, annual leave, and LWOP. Leave for maternity purposes will be granted or denied by the supervisor based on the request of the employee, advice of her physician, and in accordance with applicable law, policy, and regulation for such leave. Employees should also refer to Article 15 (Annual Leave), Article 16 (Sick Leave), Article 18 (Leave Without Pay), and Sections 20.6 and 20.7 of this Article, as appropriate. Absent an emergency situation, she must request any such leave from her supervisor prior to her absence for maternity reasons. The employee may request up to six months of maternity leave. The NRC will normally grant three months of maternity leave. An additional three months may be granted by the supervisor, subject to workload considerations. The employee, at her discretion, may use earned sick leave, annual leave, LWOP, or any combination of these for maternity leave purposes.
20.2 Medical Certificate
The NRC may request a medical certificate from the employee if there is a question as to the employee's physical fitness to continue work before delivery or to return to work after delivery, in accordance with 5 C.F.R.339, Medical Qualification Determinations, or in accordance with applicable law and regulation.
Where it is in the best interest of the government, the NRC agrees to pay the cost of the employee's physician for a medical certificate authorizing continued work or return to work and prescribing any precautionary measures that should be taken by NRC.
When an employee is requested to submit administratively acceptable evidence or medical certification supporting an employee's need for sick leave, the employee must submit the information in accordance with the provisions of 5 CFR 630.403 (which currently requires that the employee submit the information no later than 15 calendar days after the date the agency requests such medical certification, or if it isn't practicable for the employee to do that in spite of diligent efforts, the employee must submit the documentation within a reasonable time period but no later than 30 calendar days after the date the agency requests such documentation). This paragraph was added by Memorandum of Understanding signed October-2006.
20.3 Pregnancy Accommodations
If, after consulting her physician, a pregnant employee requests modification of her work duties or a temporary reassignment, every reasonable effort will be made to accommodate her request. NRC may request a medical certificate to aid in its determination as to whether or not a modification is appropriate.
20.4 Paternity Leave
A male employee who desires to aid or assist in the care of his newborn child, and/or to care for the mother of his newborn child as it relates to incapacity due to pregnancy or childbirth may request and be granted sick leave, annual leave or LWOP in accordance with applicable law, policy, and regulation, Article 15 (Annual Leave), Article 16 (Sick Leave), Article 18 (Leave Without Pay), and Sections 20.6 and 20.7 of this Article, as appropriate. Employees should provide as much advance notice to their supervisor as practicable.
20.5 Adoption Leave
An employee may request and be granted annual leave, sick leave, or LWOP related to the placement of a child with the employee for adoption and foster care in accordance with applicable law, policy, and regulation. Employees should also refer to Article 15 (Annual Leave), Article 16 (Sick Leave), Article 18 (Leave Without Pay), and Sections 20.6 and 20.7 of this Article, as appropriate. Employees should provide as much notice to their supervisor as practicable. Such leave may be rescheduled based upon an unforeseen change in the adoption or placement date.
20.6 Major provisions of the Family Friendly Leave Act and 5 CFR 630.401 (Sick Leave)
To the extent permitted by this law and regulation, earned sick leave shall be granted to an employee when the employee:
1. Receives medical, dental, or optical examination or treatment;2. Is incapacitated for the performance of duties by physical or mental illness, injury, pregnancy, or childbirth;
3. Provides care for a family member who is incapacitated as the result of physical or mental illness, injury, pregnancy, or childbirth or who receives medical, dental, or optical examination or treatment;
4. Makes arrangements necessitated by the death of a family member or attends the funeral of a family member;
5. Would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease;
6. Must be absent from duty for purposes relating to the adoption of a child, including appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary to allow the adoption to proceed.
A family member as described in 3. and 4. above includes: spouse and parents of spouse; children, including adopted children, and their spouses; parents; brothers and sisters and their spouses; or any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
The amount of earned sick leave granted to a full-time employee during any leave year for
purposes described in 3. and 4. above may not exceed 104 hours provided the employee
maintains a balance of at least 80 hours of earned sick leave. An employee with a balance of
less than 80 hours may use up to 40 hours of earned sick leave for these purposes.
This language was deleted by Memorandum of Understanding signed
October-2006. These
limits and entitlements are proportionate (based on the average number of hours per week) for
part-time employees.
20.7 Major Provisions of the Family and Medical Leave Act (FMLA) and 5 CFR 630, Subpart L
As provided under FMLA, a full-time employee who has been employed for more than one (1) year is entitled to a total of 12 administrative workweeks of LWOP, which may be used consecutively or intermittently, during any 12 month period for one (1) or more of the following reasons:
1. The birth of a son or daughter and care for the newborn child;2. The placement of a child with the employee for adoption or foster care;
3. The care of a spouse, son, daughter, or parent with a serious health condition;
4. A serious health condition of the employee that makes the employee unable to perform any one or more of the essential functions of his or her position.
The entitlement of LWOP under 1. and 2. above may begin prior to, or on the actual birth, adoption, or placement in foster care and will expire 12 months after the date of bi