2009 NTEU-NRC
Collective Bargaining Agreement
Approved and Effective November 1, 2009
SUMMARY
OF CHANGES
Contact Dale Yeilding (301-415-3600) with any
Questions
Blue font indicates a significant employee new benefit (Quantity=44)
Black font indicates an employee/union new benefit/provision (Quantity=110)
Red font may be considered a concession to management (Quantity=26}
A preamble has been added as required by Article 54.6.
Article 1
Recognition and Coverage [see actual
changes - see new language]
Moved notification to Article 51 and grievance
are now sent to the
supervisor vs. HR. 1.1
Deleted agreement signature authority since the party's representative at the
bargaining table is required to have binding authority. The EDO by statute is
provided 30 days to ensure agreements are in accordance with law, rule and
regulation. 1.1
Clarified steward's representational restrictions when
temporarily assigned supervisory duties. 1.2.2.1
Removed position change notification since the Union is notified when employees
move into or out of the bargaining unit. 1.5
Deleted statutory negotiability language. Clarified
that the contract language overrules any conflicting agency policies. 1.6
Article 2
Employee Rights & Responsibilities [see
actual changes - see new
language]
Deleted reference to unnecessary constitutional
amendments for a Miranda warning. 2.5
Expanded employee non-concurrence to the entire document in disagreement beyond the area for which the
employee disagrees. Added advisory language to ensure employees comply with
supervisory direction to avoid an insubordination charge. 2.9
Article 3
Management Rights and Responsibilities [see
actual changes - see new
language]
Deleted repetitive retention of
management rights language which are guaranteed by law. Added reference to
adherence of important policy in Management Directives which is not duplicated in the
contract. 2.2
Clarified interpretation of Merit System Principles must be in accordance with
Federal Labor Relations Authority case law. 2.3
Article 4,
Union rights & Responsibilities [see
actual changes - see new
language]
Expanded the Union's participation in settlement
discussions on grievances, MSPB appeals, EEO complaints and Alternate Dispute
Resolutions sessions. 4.2
Change Union notification of formal meetings from the office steward to the Chapter
President. 4.2
Deleted 3-day advanced Union notification of branch level
formal meetings while still retaining the requirement of a notice. Added
an exclusion for the 3-day, advanced notice if mission requirements necessitate,
while still mandating the notice. 4.2
Article 5
Equal Employment Opportunity [see actual
changes - see new language]
Eliminated descriptive language on sexual
orientation. 5.1
Identified the grievance procedures as a viable
alternative to the EEO complaint process. Discrimination claims for three
situations can only use the grievance procedures: sexual orientation, status as
a parent and genetic information. 5.2
EEO discrimination Grievances can be initiated within 15
days or after the EEO Alternative Dispute Resolution process. 5.2.2
The Joint Labor Management EEO Committee is replaced with an EEO subcommittee to
the Agency Labor Management Partnership Committee. 5.3
To avoid an illegal "Union Bypass" EEO
committees must make their recommendations for management through NTEU.
NTEU will be invited to meetings of more than one EEO advisory committee. 5.4
Stewards can attend EEO counselor training. 5.5
Changes to the agency Affirmative Action Plan, EEO programs and ADR are
negotiable with NTEU. 5.6
Article 6
Hours of Work [see actual
changes - see new language]
Deleted an applicability section since the
article applies to all bargaining unit employees. Deleted reference to a
45 minute lunch, since lunch is now required for a work period in excess of 6
hours. Deleted reference to core hours since the flexitour schedule has a
much reduced requirement. 6.1
Allow management to schedule breaks (lunch) to provide
adequate office coverage. 6.3
Employees may choose to work official hours with out fear of supervisor
denial. In the event the agency due to mission requirements requires a
specific work schedule, the agency must first negotiate the change with NTEU.
6.4
Expanded the definition of office coverage to include
response to events. 6.5
Expanded supervisory schedule denial criteria to include:
work requirements, office coverage, training, participation in collaborative
projects, need for direct supervision, and attendance issues. 6.7.5
Added the agency existing "expanded" compressed work schedule
implemented by a 2003 yellow announcement. This schedule is used when
the employee is away from their normal duty station. 6.9.3
No changes were made to the compressed work schedule other than expanding for an
option to work an expanded-compressed work schedule while away from the normal
duty station. 6.10
Core hours are defined to be 10:30am to 1:30pm
each Wednesday and can be reduced by each Office Director to as little as
1 hour each pay period. 6.11.2
Expanded the work day start and end times to between 5am
and 8pm which also can be expanded further to 11pm by each office
director. Employees can work non-contiguous hours or a split-shift on any
particular day. 6.11.3
Established gliding schedules which permit employees to
arrive each day up to one hour before or after their scheduled time while
still needing to complete their daily work schedule or take leave. 6.11.4
Employees can work fewer than ten days in a pay period and
up to eleven and a quarter (11.25) hours each day. This flexitour
schedule can mirror a compressed work schedule or even a four 10-hour day work
schedule. It is not necessary that an employee schedule the same number of hours
each work day. 6.11.5
Employees can grieve denial of any flexitour work schedule between 6am and 6pm.
6.11.5
Expanded the earning of credit hours to between 5am and
8pm which can be further expanded by each Office director to 11pm.
Eliminated the 10-hour per week credit hour earning limit with employee maximum
credit hour earning plus regular hours now at 11.25 hours per day. 6.12
Since the actual credit hours worked are recorded into the t&a system,
employee no longer have to revise their initial credit hour request form when they earn
or use a different number of credit hours than initially indicated. 6.12
The minimum half hour for credit hour earning is now per day vs. per use. Thus
employees can now earn 15 minutes in the morning and 15 minutes in the evening
to satisfy the half hour minimum. 6.12
Identified the first 40 work schedule typically used by resident inspectors. 6.13
Shorten the grievance process for work schedule denial to
start at step B. Consolidated in one place the 5 exceptions
describing situations when an employee can not grieve a work schedule denial.
6.15
Article 7
Telework [see actual
changes - see new language]
Replaced the term Flexiplace with Telework. 7.1
Understanding employees may work different telework work schedules from their
regular work schedule, currently management may only dictate changes to a
telework work schedule to agency official hours 7:30am-4:15pm. 7.2
Expanded telework to part-time employees working less than
3-days per week and those not on a permanent appointment. 7.3
Moved approval of greater than 3-day project-based
telework from the coordinator to the 2nd level supervisor. 7.3.5
Combined both fixed-schedule and project-based telework
eligibility into on section basing both on the portability of duties.
Eliminated the concept of position eligibility since the agency now considers
all positions eligible. Employees in those prior positions that were previously
considered not eligible must now justify a sufficient number of portable duties
to regularly telework on the fixed schedule. 7.4.1.1
Denial of telework based upon acceptable work habits, conduct, and adherence to
agency policies must be based upon a prior counseling memo. 7.4.1.3
Eliminated an Office/Region limit on the number of fixed
schedule telework participants. 7.5
Supervisors document project-based telework. 7.6.2
Project-based teleworkers must on a one-time basis,
similar to fixed-schedule teleworkers, complete a telework agreement and
off-site safety check list. No other forms are required after this
one-time submittal for project-based teleworkers. 7.6.3
Supervisors are required to "promptly" approve or deny a telework request.
7.6.1
Telework denials must specifically identify the reason:
work portability, office coverage, performance or conduct. 7.6.2
Reproduced the office coverage definition from Article 6, Hours of Work to
identify the need for only one clerical employee and one non-clerical employee
to carry out the segments responsibilities and to knowledgeable respond to inquiries.
7.6.2
Denial of telework is now subject to grievance appeal to
arbitration. 7.6.2.1
NTEU is now notified of each telework denial regardless of whether the employee
desired to appeal. 7.6.2.2
Termination of telework is now subject to grievance appeal to arbitration. 7.7
The agency will provide NTEU copies of reports on telework participation. 7.8
Article 8
Special Circumstance Work-at-Home [see
actual changes - see new
language]
Deleted the situation for personal hardship that places the employee as a primary care giver for an immediate family member, since the program is not a substitute for dependent care or child care with associated care-giver collateral duties while in a work status. 8.1
Article 9
Holidays [see actual
changes - see new language]
Assignment to work on a holiday based upon seniority is now from a group of "qualified" employees. 9.1
Article 10
Annual Leave [see actual
changes - see new language]
Deleted an annual leave denial criteria associated with other employees having already been granted annual leave during the period in question. 15.2
Article 11
Sick Leave [see actual
changes - see new language]
Expanded sick use for physical incapacitation to
include mental incapacitation, injury, pregnancy or childbirth. 11.1
Included the statutory reasons for using sick leave to care for a family
member. Eliminated the ability to use sick leave to
simply administer care for a child or dependent that is not sick. 11.1.6
Added the definition of a family member. 11.1.6
Clarified the intent to notify the supervisor of unanticipated sick leave as
soon as possible, in conjunction with a 2-hour requirement that may also be
waived due to the degree of illness or injury. 11.2
Requirement of a leave request form is now for greater than one day vs. 8-hours
since an employee workday can vary considerable with new flexible schedules.
11.3
Clarified the process for a supervisor to question proper
use of sick leave, request medical documentation and charge an employee with
sick leave abuse. 11.5.
Sick leave abuse written notices will expire after
generally 3 months. 11.5.3
Article 12
Advanced Annual and Sick Leave [see
actual changes - see new
language]
Added a new provision to deny
granting use of advanced annual leave or advanced sick leave when the employee
may not accrue such leave during the year based upon information provided by the
employee or a pending termination. 12.1 and 12.2
A supervisor may request medical documentation for advanced sick leave. 12.2
Article 13
Leave Without Pay [see actual
changes - see new language]
Employee notification is required prior to
converting Leave Without Pay (LWOP) to Absent Without Leave (AWOL). 13.1
For LWOP for study, eliminated advanced notification and 5
year service requirements. Added approval
criteria related to Knowledge Skills & Abilities (KSAs), health and retention.
13.4
LWOP may be approved for longer than the initial 1 year period based upon
individual merits. 13.5
Eliminated LWOP for family medical purposes since it is covered in Article 15.
Article 14
Excused Absence [see actual
changes - see new language]
Clarified office closure for inclement weather or
emergencies will follow OPM website policy unless indicated on the agency public
website. 14.2
Added temporary duty stations for use of excused absences for
commuting delays. 14.3
Moved organ donor provision from Family Leave article to Excused Absence article
14.5
Employees must be notified of denial of excused absence due to tardiness before
being charged with AWOL. 14.6
Article 15
Family Leave [see actual
changes - see new language]
Updated Family Medical Leave requirements. 15.1
Denial of family Medical Leave requires the supervisor to
specify an alternative time. 15.1.7
The agency is now required to calculate employees Family
Medical Leave used and remaining balance (from 480 hour/year entitlement)
based upon a 12-month period that may change each year based upon employee use.
i.e. the calculation is quite complicated. 15.1.9.
Clarified maternity leave use in conjunction with Family Medical leave
entitlement. 15.2
Article 16
Other Leave Provisions [see actual
changes - see new language]
Moved Compensatory Time for Religious Observances
to Article 29.
Moved sick leave abuse section to Article 11.5
Article 17
Merit Selection Procedures [see actual
changes - see new language]
Bargaining unit employees will have the opportunity
to apply for all vacant positions and given simultaneous consideration with any
"outside" applicants). 17.1
More accurately specified article coverage and exclusions, 17.2 & 17.3.
Defined criteria for an accretion of duties promotion. 17.3.4
Area of consideration is typically Agency-wide, allowing
all NRC employees to apply. When the area is reduced to a single
Office due to factors outside the agency's control, NTEU will be notified. 17.4.1
Vacancy postings will not be shortened after announced. Late applications
will not be accepted to be fair to those that applied on time. 17.5
All candidates on the selection certificate will be notified of any changes in
the number of positions expected to be filled. 17.6.1.13
Rating panels are reduced from 3 to 2 members when there
are more
than 10 applicants. A one person rating panel is used when there are 4 to
10 applicants. When there are less than 4 applicants, all will be forwarded to
the selecting official without a rating. 17.9.1 and 17.16.3
Tailored or generic
credit crediting plans will be used for all vacancies when previously only
required for GG14/15 series 800/1300 technical positions. 17.11.1
Added definitions to ratings: A or Most Qualified; B or Highly qualified, and C
or Qualified. Rating panel members do not have to
agree or even meet on an applicants rating since averaging will now be used.
The average score for each rating factor will then be converted from a numerical
back to an A, B or C based upon: A=2.5 to 3.0; B=1.5 to 2.4 and C=1.0 to 1.4.
The definition of Best Qualified List (BQL) has not changed with regards to
which candidates are forwarded to the selecting official. The conversion
of scores back to an A, B or C is to ensure outside
candidates having a different definition for BQL are not referred with a lower
category rating than inside candidates. Article 17.13 and 17.16.3.1
If outside candidates are not rated, inside candidates
will be provided first consideration. The selecting official must
provide written justification to not select an internal candidate prior to being
provided the list of outside candidates. Any inside candidates bypassed by
the selection of an outside candidate may grieve the non-selection.. Lists
provided to selecting officials will be dated to further ensure NRC employees
receive authentic first consideration. 17.16.3.1 & 17.16.3.2
If the selecting official conducts interviews, all BQL
candidates are interviewed by the selecting official. 17.17
Employees selected for a promotion while at a temporary duty station, will be
given 30 days to accept and notified of their possible immediate loss of perdiem
upon acceptance. 17.18
Employees not selected will be notified within 30 days of the selection being
accepted. 17.19
Employees granted priority consideration may indicate positions for which they
qualify to expand opportunities to exercise their priority consideration right.
17.22
Article 18
Noncompetitive Promotions [see actual
changes - see new language]
Agency will notify NTEU of accretion of duties
promotions. 18.1.2
Changed the waiting periods previously ranging from a half
year to two years to a one year time-in-grade requirement for advancement.
18.2.5
Removed conduct as a condition for advancement. Employee notice is now
required at the time an employee is charged with any serious misconduct that
results in a suspension and affects their qualifications or ability to perform duties.
The notice warns the employee that besides the suspension, their future career
ladder promotion may be denied. Thus the employee's appeal for the misconduct can then encompass the potential promotion denial and prevent
a situation of double jeopardy, two cases for
the same alleged misconduct. 18.3
Grievability has been expanded for promotion denials. 18.4
Article 19
Details and Rotational Assignments [see
actual changes - see new
language]
Employees receive a performance evaluation for
details or "rotations" greater than 120 days. 19.3
Employees will not be required to give up assigned workspace for details or
rotational assignments of less than 90 days. 19.6
Article 20
Reassignments [see actual
changes - see new language]
Resident inspectors can request an extension to the typical seven year assignment. Resident inspector vacancies will be posted nationwide and not restricted to the particular region. 20.5
Article 21
Position Descriptions [see actual
changes - see new language]
Employees will be provided position analysis,
benchmarks and applicable classification standards prior to a desk audit. 21.2.2
Employees may raise a lack of adequate training as a
defense to any alleged failure to adequately perform. 21.5
Article 22
Performance Awards [see actual
changes - see new language]
The agency will distribute
at least 1.6% of the salary budget as employee awards. 22.1
Awards will be tied directly to employee's annual
performance rating. 22.2
NTEU will be provided award information by employee, race/national origin,
gender, age and disability. 22.3
Failure to receive an award is now grievable.
Article 23
Suggestion Awards [see actual
changes - see new language]
No changes
Article 24
Within-Grade Increases [see actual
changes - see new language]
Employee notice is now required at the time an
employee is charged with any serious misconduct that results in a suspension and
affects their qualifications or ability to perform duties. The notice warns the
employee that besides the suspension, the within-grade increase may be
denied. Thus the employee's appeal for the misconduct can then encompass
the within-grade increase denial and prevent double jeopardy, two appeals for the same alleged
misconduct. 24.2
Delay of a within grade due to conduct under investigation
must now be conduct serious enough to result in a suspension. If the
investigation does not result in a suspension, the delayed within grade will
take affect retroactively as of the date it was otherwise due. 24.2 & 24.6
Denial of a within grade requires a 60 day notice and now a performance
counseling memo to document less than fully successful performance. This
will give the employee an opportunity to improve and then possibly get the
within-grade increase. 24.4
After a denial, a quarterly review for approval of a within grade is now
required. 24.5.6
Article 25
Performance Appraisal System [see actual
changes - see new language]
Employees not having worked under one set of
elements and standards for 120 days by October 31st will be appraised as soon as
they achieve the 120 days, making the subsequent rating period less than 12
months. 25.5
Transferred employees will receive a mid-year
"close-out" appraisal and interim rating based upon performance in the
vacated position. When an employee supervisor changes, the departing
supervisor will provide written feedback before departing. Close-out
appraisals and written feedback will be given appropriate weight for the annual
rating of record. When a close-out appraisal is given for a period ending
less than 120 days before the end of the annual rating period (i.e., after May
31), then the close-out appraisal and interim rating will become the rating of
record. 25.5
Supervisors must now justify performance with a brief
narrative making it difficult to use web-based automatic text generating
appraisal programs. When performance exceeds or does not meet the
Fully Successful standard, justification should be included to clearly and
explicitly justify the assignment or a rating above or below the Fully
Successful level. 25.7
Clarified that a counseling memo is required when
performance "in any element" is below fully successful to
differentiate from summary level performance, to give the
employee earlier notification and a longer opportunity to improve. The
counseling memo is required at any time during the rating period and not just at
the mid-year review, mandating supervisor immediate communication of the
performance degradation. 25.9
Both details and "rotations" greater than 120 days
now require performance evaluations. 25.14
Article 26
Training and Development [see actual
changes - see new language]
Expanded agency posting of available training to permit employee's to see what others are getting. 26.5
Article 27
Pay and Benefits [see actual
changes - see new language]
Stipulated that any future changes to the
existing pay structure would be negotiated with NTEU. 27.1
Documented existing metro subsidy policy. 27.2
Parking payments will become pre-tax as is health-care
payments. 27.3
Article 28
Overtime Assignments and Compensation [see
actual changes - see new
language]
Concerning voluntary/unpaid overtime, management
should not use the awards process or performance rating system to compensate
employees for overtime work for which they are not otherwise entitled to
compensation. 28.7
Eligible employees will be provided call-back pay in
accordance with law, rule or regulation when management requires the employee to
return to the work site. 28.8
Employees who are required by management to perform work
at home or at a non-work location outside scheduled duty hours will be
compensated for actual time worked to the maximum extent permitted by law, rule
and regulation. 28.9
Article 29
Compensatory Time [see actual
changes - see new language]
Documented the existing policy for compensatory time for travel outside duty hours. 29.5
Article 30
Overpayments to Employees [see actual
changes - see new language]
No change
Article 31
Employee Assistance Program [see actual
changes - see new language]
Employee participation in the EAP program is voluntary. 31.
Article 32
Temporary Assignment of Other Duties [see
actual changes - see new
language]
Clerical changes.
Article 33
Retirement and Resignation [see actual
changes - see new language]
Documented topics covered in the retirement planning training program. 33.1
Article 34
Repayment of Student Loans [see actual
changes - see new language]
Updated the maximum repayments under current policy, $10K/year and $60K total. 34.1
Article 35
Moves and Work Space Changes [see actual
changes - see new language]
Removed reorganizations from the scope of this
article since it is covered under Article 42.
Required employees to significantly improve their
workstation to be eligible to move. "Significant improvement"
is defined as (1) moving from a cubicle to an enclosed office; 2) moving from an
interior work space (cubicle or office) to a window work space (window or patio
cubicle office); (3) an increase in the size of the employee's work space
(including a move from an office or cubicle with a column to one without); (4) a
move which will result in a material improvement in the employee's productivity;
or (5) any other employee request that management and the Union mutually agree
constitutes a significant improvement. 35.2.2
Article 36
Day Care [see actual
changes - see new language]
Any changes to the day care facility will be negotiated with NTEU. 36.1
Article 37
Physical Fitness Activities [see actual
changes - see new language]
Physical fitness schedules can begin as early as 6am. 37.2
Article 38
Health and Safety [see actual
changes - see new language]
Established a Joint Labor-Management Occupational
Safety and Health Committee. 38.1
Established annual building inspections involving NTEU. 38.5
Excused absence is granted to an employee who assists a sick employee to return to
his/her residence. 38.9
Employees may request safety equipment, hard hat, safety shoes/glasses, hearing
protection, etc. 38.16
Article 39
Parking [see actual
changes - see new language]
Deleted employees working unusual hours as a
priority grouping. Increased the time for prioritizing
and approving parking from three months to six months. 39.4.1
Expanded payroll deduction for parking to all employees
not just those with several years of NRC service. 39.4.1
Documented the practice to prioritize the parking waiting list monthly. 39.4.5
Established a daily parking maximum to ensure more
employees are offered spaces from the waiting list. 39.4.6
Article 40
Travel [see actual
changes - see new language]
Shortened notice to employees of the agency's inability to
pay a travel voucher from 60 days to 10 days. 40.9
Employee's appeal of a travel voucher claim is to the GSA Civilian Board of
Contract Appeals and is not grievable. 40.9
Article 41
Labor Management Relations and Partnership Committees [see
actual changes - see new
language]
Documented establishment of Labor-Management
Relations Partnership Committees to provide the Union with an opportunity to
provide pre-decisional input on matters outside the statutory scope of
bargaining and to address issues of concern not covered by this Agreement. 41.1
Established a labor/management EEO subcommittee to provide input on the agency's
Affirmative Action Plan and Upward Mobility Plan. The
subcommittee will have access to statistical data provided to the Agency's EEO
committees and the harassment program. 41.2.2
Article 42
Mid-term Bargaining [see actual
changes - see new language]
Reduce the Union's time to
invoke bargaining a proposed agency change from 15 days to 10 days. 42.2.5
Union proposals are required by the second session of
bargaining. 42.3.1
Agreements must have an effective date no sooner than 31
days to allow for the statutory EDO review that the agreement is not in conflict
with law rule or regulation. Prior agreements did not involve the EDO,
since this authority was delegated to the management representative at the
bargaining table. Prior agreements were typically immediately effective to
support the need for timely actions. 42.5.2
Article 43
Access to Personnel Records [see actual
changes - see new language]
Established control of personnel files kept by the supervisor typically referred to as a "drop file" of employee wrong-doing. In the event a supervisor decides to maintain a work folder on an employee, it shall be limited to documents and records pertinent to the employee's performance and conduct. Such document and records, both positive and negative, should be provided to the employee as feedback on a timely basis, in order to reinforce positive performance or conduct or to correct deficiencies as soon as possible. Any adverse document or record concerning performance or conduct may not be used as documentation for a performance rating or disciplinary/adverse action, unless the employee has been given 5 work days to review and comment on the document or record prior to its use. 43.5
Article 44
Disciplinary Actions [see actual
changes - see new language]
Separated the previous single article into now
two articles. This article for disciplinary actions are for
admonishments, reprimands, and suspensions of 14 days or less. A new Article 45
for is for more serious adverse actions for suspensions greater than 14 days, removals, reduction in
grade/pay or 30-day furloughs.
Employees will have 2 days to review/comment on the
Agency's oral reply summary prior to the deciding official rendering a final
decision. 44.7.4
After removal of an expired admonishment or reprimand from
the employee's official personnel file, management may then not cite the past
event with regards to future progressive discipline. This past
agency prerogative has been deleted endeavoring to keep the employee's
record clean. 44.9.2
The agency will provide NTEU with a semiannual list of disciplinary actions.
44.10
Article 45
Adverse Actions [see actual
changes - see new language]
Douglas factors from a Supreme Court decision are listed for deciding what
adverse action may be appropriate. The Agency will give due consideration to the
relevance of an aggravating and/or mitigating circumstances. 45.3
The agency will provide NTEU with a semiannual list of adverse actions. 45.9
Article 46
Grievance Procedures [see actual
changes - see new language]
Deleted the informal
resolution phase, changing the NRC internal appeal process from 3-steps to
2-steps (Step A & Step B) while still allowing for arbitration if the issue
remains unresolved through the internal process.
Documented typical exclusions to the grievance process. 46.4
To prevent a Union bypass, no other process may be established to address
employee concerns which fall within the scope of the grievance procedure which
involves any matter relating to the employment of the employee. 46.6
Grievances are now filed with the employee's supervisor
and with only a copy to Human Resources. 46.11
EEO cases no longer have to first proceed to an EEO
counselor. Employees can file an EEO grievance with the Union
within 15 days of the discrimination or 15 days from the completion of EEO
Alternate Dispute Resolution. 46.10
Grievances must contain the date of the event. 46.12.1
Mediation can replace the grievance step B process with
agreement of the parties. 46.14.2
The agency must issue a written notice to terminate a Step A grievance due to
failure to render a decision. 46.17.2
Grievances are not terminated by the Agency for failure to timely meet. 46.17.4
Article 47
Arbitration Procedures [see actual
changes - see new language]
A grievance is not terminated when the Agency
does not issue a final Step B decision in a timely manner. The Union at
its option may appeal the matter to arbitration at any time after the decision
was due. 47.2.2
Between 5 and 15 days before an arbitration the parties will explore settlement
and prepare documentation for the hearing. 47.3.8
Expedited arbitration procedures have been established for
certain situations to provide employees with a quicker resolution. 47.4
If the agency claims an issue is not grievable or not
arbitrable, the arbitrator has the authority to bifurcate the hearing into two
separate hearings rendering a separate decision on arbitrability. A second
hearing
on the merits of the case may then occur if the issue was determined to be
arbitrable. 47.6.3.8
Stipulated areas for the arbitrator's authority. 47.6.4
Article 48
Trial Period Employees [see actual
changes - see new language]
The employee is permitted to express his/her views on the reasons provided for the termination when the letter of termination is delivered. The 15 day period for a review has been eliminated. 48.2.2
Article 49
Reduction In Force (RIF) [see actual
changes - see new language]
Added reference to the article to bargain impact and implementation of a RIF. 49.3
Article 50
Meetings with New Employees [see actual
changes - see new language]
Clerical changes.
Article 51
Union Representatives [see actual
changes - see new language]
Agency notices are to be sent to the NTEU Chapter President. 51.1
Article 52
Official Time [see actual
changes - see new language]
Stipulate when two or more stewards are permitted for representation. 52.5.5
Official time hours for Union officials have been
adjusted to include the 20 year past practice of the Chapter President working
full time which have been in accordance with the bank time and official time
provisions of contract. 52.5
Employees will be allowed up to one hour of duty time each
quarter to attend Union briefings (coffee & donut meetings) concerning representational matters and to discuss other conditions of
employment. 52.7.4
Article 53
Union Access to NRC Facilities [see
actual changes - see new
language]
The Agency will provide a mechanism for the Union to send e-mail announcements directly to all current bargaining unit employees. 53.6
Article 54
Union Access to NRC Services [see actual
changes - see new language]
Management Directives and Yellow Announcements
will be linked on the intranet.54.8
Yellow announcements not indexed or linked to a Management
Directive are not effective with regard to personnel policies, practices and
conditions of employment. 54.8
Article 55
Bulletin Boards [see actual
changes - see new language]
Deleted dated provisions involving video tapes. 55.2
Article 56
Dues Withholding [see actual
changes - see new language]
Union officials are responsible to protect
personally identifiable information (PII). 56.4.8
Added dues withholding codes for movement out and back into the bargaining Unit.
56.5.3
Article 57
Duration [see actual
changes - see new language]
Simplified procedures to renegotiate the contract. 57.1
Old Article Number 42
Research Programs
Deleted this article.