Unformated 2009 CBA for Ratification
Contact Dale Yeilding in the NTEU Union office O1G22 with any questions 301-415-3600
Collective Bargaining Agreement
Between
U.S. Nuclear Regulatory Commission
and
National Treasury Employees Union
Effective
[date]
Unformated CBA for
Ratification - Agency will publish with table of contents, index, page numbers,
etc.
PREAMBLE
The Nuclear Regulatory Commission, hereinafter referred to as the "EMPLOYER" and the National Treasury Employees Union hereinafter referred to as the "UNION" or "NTEU," and Chapter 208, recognize that the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them, safeguards the public interest, contributes to the effective conduct of public business, and facilitates and encourages the amicable settlement of disputes between employees and employers involving conditions of employment; and
The Employer and the Union recognize that the public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the government; and
The Employer and the Union recognize every intention to deal with each other in good faith, honesty, and mutual respect. This cooperation promotes both the efficiency of the Employer's operation and the well-being of its employees; and
The Employer and the Union agree that the dignity of employees will be respected in the implementation and application of this Agreement as well as related personnel policies and practices; and
The Employer and the Union hereby further agree as follows:
Unformated CBA for Ratification -
Agency will publish with table of contents, index, page numbers, etc.
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.
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 Regional Offices of the NRC on January 21, 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 for one full pay period or less may not perform representational duties within the division to which they are assigned as a supervisor during the period of such assignment, unless a specific exception has been granted by management. Union stewards who are temporarily assigned to supervisory positions for more than one full pay period may not perform any representation duties during the period of such assignment. The Union steward may request that the supervisory duties be assigned to another employee due to pending representational matters. If such a request is denied, then all meetings scheduled regarding pending representational matters assigned to that representative will be rescheduled and relevant deadlines extended for a reasonable period of time as determined by the parties.
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 calendar 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 List of Bargaining Unit Employees
The Agency shall maintain a list of employees and positions included in the bargaining unit. The Agency will send the list (in an agreed-upon format) to NTEU 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 employees added to, or removed from, the bargaining unit within thirty (30) days of such 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 Agency Rules, Policies and Regulations
To the extent that the Agency's rules, policies and regulations are in conflict with the terms of this Agreement, the terms of this Agreement will govern.
1.7 Existing Agreements
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.
Unformated CBA for Ratification -
Agency will publish with table of contents, index, page numbers, etc.
Article 2 Employee Rights and Responsibilities
2.1 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:
2.1.1 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
2.1.2 To engage in collective bargaining with respect to conditions of employment, through representatives chosen by employees under said Chapter 71.
2.2 Representation
2.2.1 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.
2.2.2 EEO Representation
Consistent with law and regulation, employees will be permitted to have a representative during EEO Counseling.
2.3 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:
2.3.1 The employee reasonably believes that the examination may result in disciplinary action against the employee; and
2.3.2 The employee requests representation.
2.4 Office of the Inspector General (OIG) Investigations
At the time the employee is initially contacted by OIG to schedule an interview, the employee is normally provided with the following information:
2.4.1 The general subject of the interview or allegation;
2.4.2 That he or she is the subject of the investigations or whether the employee is being interviewed as a witness;
2.4.3 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;
2.4.4 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;
2.4.5 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.
2.5 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 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.
2.6 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.
2.7 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.
2.8 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.
2.9 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. In addition, the employee shall be allowed to document such differences to higher level management. However, an employee will otherwise be required to comply with supervisory direction regarding the assignment of work. Nothing in this section shall preclude any employee from exercising his/her rights under Management Directive 10.159, The NRC Differing Professional Opinions Program.
Unformated CBA for Ratification -
Agency will publish with table of contents, index, page numbers, etc.
Article 3 Management Rights and Responsibilities
3.1 Management Rights
Nothing in this Agreement shall affect the authority of the NRC:
3.1.1 To determine the mission, budget, organization, number of employees, and internal security practices of the NRC.
3.1.2 In accordance with applicable laws-
3.1.2.1 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;
3.1.2.2 to assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted;
3.1.2.3 with respect to filling positions, to make selections for appointments from-
3.1.2.3.1 among properly ranked and certified candidates for promotion; or
3.1.2.3.2 any other appropriate source.
3.1.2.4 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:
3.1.3 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.
3.1.4 Procedures which management officials of the NRC will observe in exercising any authority under this section; or
3.1.5 Appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.
3.2 Agency Regulations and Policies
The Agency shall comply with its own regulations and policies governing personnel policies and practices and general conditions of employment insofar as they affect the working conditions of bargaining unit employees. The policies covered by this section include all or part of the following Management Directives, and related "yellow announcements:" Volume 2 - Information Technology; Volume 7 - Legal and Ethical Guidelines; Volume 10 - Personnel Management; Volume 13 - Transportation, Facilities and Property; and Volume 14 - Travel.
This section shall not be construed to require the Agency to issue, change or retain such regulations and policies, which it may continue to do in accordance with law.
3.3 Merit System Principles
In accordance with applicable FLRA case law, the Merit Systems Principles incorporated 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, nor may they serve as an independent basis for an arbitration remedy.
3.3.1 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.
3.3.2 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.
3.3.3 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.
3.3.4 All employees should maintain high standards of integrity, conduct and concern for the public interest.
3.3.5 The Federal work force should be used efficiently and effectively.
3.3.6 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.
3.3.7 Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.
3.3.8 Employees should be:
3.3.8.1 protected against arbitrary action, personal favoritism, or coercion for partisan political purposes, and
3.3.8.2 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.
3.3.9 Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences:
3.3.9.1 a violation of any law, rule, or regulation, or
3.3.9.2 mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health and safety.
3.4 Prohibited Personnel Practices
The NRC shall not:
3.4.1 Discriminate for or against any employee or applicant for employment:
3.4.1.1 on the basis of race, color, religion, sex, or national origin, as prohibited under Section 717 of the Civil Rights Act of 1964,
3.4.1.2 on the basis of age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967,
3.4.1.3 on the basis of sex, as prohibited under Section 6(d) of the Fair Labor Standards Act of 1938,
3.4.1.4 on the basis of a disabling condition, as prohibited under Section 501 of the Rehabilitation Act of 1973,
3.4.1.5 on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation.
3.4.2 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:
3.4.2.1 an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or
3.4.2.2 an evaluation of the character, loyalty, or suitability of such individual.
3.4.3 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.
3.4.4 Deceive or willfully obstruct any person with respect to such person's right to compete for employment.
3.4.5 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.
3.4.6 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.
3.4.7 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.
3.4.8 Take or fail to take a personnel action with respect to any employee or applicant for employment as a reprisal for:
3.4.8.1 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
3.4.8.2 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.
3.4.9 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.
3.4.10 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.
3.4.11 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.
3.5 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.
Unformated CBA for Ratification -
Agency will publish with table of contents, index, page numbers, etc.
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, 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 on grievances, MSPB appeals and EEO complaints or ADR sessions, to the extent required by law), or any personnel policy or practice or other general condition of employment. Accordingly, advance notice of any formal discussion that is to be held will be provided to the Chapter President (or designee). 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 Division, Office or Agency), NTEU shall receive at least a three (3) workday notice of the meeting, unless mission requirement necessitates less notice. In such cases, the Union will be given as much advance notice as possible.
4.3 NTEU Formal Meeting Participation
At the start of each formal discussion, the NRC management representative will ask any Union 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.
Unformated CBA for Ratification - Agency will publish
with table of contents, index, page numbers, etc.
Article 5 Equal Employment Opportunity
5.1 Policy
It is the policy of the NRC and Union to support an affirmative and positive Equal Employment Opportunity (EEO) program. Discrimination on the basis of race, color, religion, national origin, sex, age, sexual orientation, reprisal or nonrestrictive disabling condition will not be tolerated in personnel policies, practice and employment conditions.
5.2 Grievances and Other Alternative Processes
5.2.1 Employees who claim discrimination or harassment based on genetic information, sexual orientation or status as a parent, which are outside the scope of the EEO complaint process, may raise such matters through the negotiated grievance procedure (Article 46, Grievance Procedures). Any matter that falls within the scope of the EEO complaint process may be raised in a formal EEO complaint or through the negotiated grievance procedure, but not both. Agency communications concerning the EEO program, including web pages, brochures, counselor training and employee information sessions, will state that employees may pursue EEO matters through the negotiated grievance procedure or other alternative processes, and provide a link to the EEOC regulation addressing those processes (22 CFR 1614, Subpart C).
5.2.2 If an employee seeks resolution of a matter through the Agency's EEO Alternative Dispute Resolution (ADR) process at the pre-complaint stage, the timeframe for filing a grievance under Article 46 will be tolled pending completion of the pre-complaint ADR process.
5.3 Labor-Management Discussion of EEO Matters
The NRC and NTEU will discuss EEO-related matters in the subcommittee of the Labor-Management Relations and Partnership Committees established under Article 41, Labor Management Relations Committee.
5.4 EEO Committees
NRC recognizes that NTEU is the exclusive representative for employees with regard to personnel policies and practices and other conditions of employment. Agency EEO Advisory Committees are therefore not authorized to negotiate with management on personnel policies and practices and other conditions of employment, and management may not solicit or consider proposals or recommendations on these matters from the EEO Advisory Committees. Any such proposals or recommendations will be forwarded directly to the NTEU Chapter President.
NTEU will be invited to send one representative to attend any meeting involving members of more than one of the EEO Advisory Committees. The agency will notify NTEU of the time, date and place of these meetings.
5.5 EEO Training
NTEU will be permitted to send one representative to attend each training session for EEO counselors as an observer. Any travel expenses associated with attendance at such training by an NTEU representative will be borne by NTEU.
5.6 Changes to EEO Programs
To the extent provided by law, the agency will provide the Union with notice and the opportunity to bargain over changes to its Affirmative Action Plan and other EEO programs, including ADR.
Unformated CBA for Ratification - Agency will publish
with table of contents, index, page numbers, etc.
Article 6 Hours of Work
6.1 Official Hours - Headquarters
Official hours at NRC Headquarters offices shall be from 7:30 a.m. to 4:15 p.m., on Monday through Friday of each week except for official holidays.
6.2 Official Hours - Regional Offices
Official hours and core hours in Regional Offices shall be negotiated locally in each Regional office. It is agreed that official hours in the Regions will maximize, to the extent feasible, the hours of overlap with Headquarters official hours when time zone adjustments are taken into consideration.
6.3 Breaks
Employees who work more than six continuous hours during a day are required to take a 45 minute break. Scheduling of the break will be subject to management's right to provide adequate office coverage during the break period.
6.4 Scheduling Official Hours
Employees may, at the discretion of the supervisor, be required to work the official hours for the purpose of accomplishing NRC's operational and mission requirements, meeting NRC's responsibilities to the public or providing adequate office coverage. If any employee or group of employees is required to work specific hours or work schedule other than the official hours due to operational or mission requirements, the Agency will provide the Union with notice and the opportunity to bargain in accordance with Article 42, Mid-term Bargaining. Employees who are not required to work the official hours are eligible to work a compressed work schedule (CWS), a flexitour work schedule or a "first forty" schedule in accordance with the provisions contained in this Article.
6.5 Office Coverage
Adequate office coverage shall normally be considered to exist during the official hours of the NRC when for each organizational segment of that office there is at least one clerical employee available to provide necessary clerical support and when there is at least one non-clerical employee available in each segment to carry out that segment's responsibilities and to knowledgeably respond to all inquiries regarding the segment's primary function and ongoing projects. Adequate office coverage also includes the availability of sufficient staff to respond to ongoing events which have a significant impact on agency mission or operations.
6.6 Approval of Work Schedules
Each employee shall request in writing the approval of his/her supervisor to work one of the following:
6.6.1 the official hours;
6.6.2 a Compressed Work Schedule (5-4/9 or expanded compressed);
6.6.3 the flexitour schedule; or
6.6.4 A "first 40" schedule.
6.6.5 An employee's work schedule request will be approved unless the request would interfere with work requirements, such as office coverage, training, or participation in collaborative projects. In addition, participation may be denied or limited based on a need for direct supervision of an employee due to less than satisfactory performance or identified time and attendance issues.
The type of schedule shall be for a fixed term of 3 months, unless otherwise approved by the supervisor. Employees authorized to change their work schedule may do so in 3 month fixed terms beginning on the first day of the first pay period in January, April, July, and October. Changes to the starting hours of the CWS or Flexitour may be approved by the supervisor on a pay period basis.
6.7 Scheduling
Any change into or out of a type of schedule may start only at the beginning of the pay period.
New employees shall work the official hours unless within 10 workdays of their entrance on duty they make a request in accordance with Section 6.6 above and such request is approved.
An employee's request to work the official hours (7:30 a.m. - 4:15 p.m. in headquarters) shall be approved by the supervisor, unless the Agency has provided the Union with notice and the opportunity to bargain in accordance with Section 6.4 above and Article 42, Mid-term Bargaining.
When two or more employees in an organizational segment request the same CWS day off in a pay period which cannot both be approved, the employees shall attempt to resolve the issue. If they cannot resolve it, the supervisor shall make the final decision which will be nongrievable and nonarbitrable.
6.8 Requests for Changes in the Upcoming Fixed Term
Subsequent requests for the approval of a change to a different schedule for the upcoming fixed term shall be in writing and shall be submitted as follows:
Employees may request a change to a different schedule for the upcoming fixed term not later than the close of business 10 workdays prior to the requested effective date of the change. Supervisors shall grant or deny such requests prior to the requested effective date.
6.9 Requests for Changes to a Schedule During Fixed Term
Approval of a schedule change request which is made during the current fixed term to be effective during the current fixed term is at the sole discretion of the supervisor and is non-grievable and nonarbitrable.
6.10 Compressed Work Schedules (CWS)
6.10.1 Compressed work schedule is a system whereby a full-time employee works 80 hours in a pay period in fewer than 10 workdays. The type of CWS that employees may work at NRC is a 5-4/9 or, under specified circumstances, an "expanded compressed work schedule."
6.10.2 Those employees working a 5-4/9 CWS will work a fixed schedule for a minimum period of 3 months unless otherwise approved by the supervisor. Except as below, for full-time employees, the employee will work in a pay period eight 9-hour days, one 8-hour day and 1 day will be scheduled as the CWS day off. Employees on the 5-4/9 CWS may request to begin their workday as early as 6:45 a.m. or as late as 8:15 a.m. in 15 minute increments. Thus, for example, employees who are allowed to begin their normal 9-hour/8-hour workday at 6:45 a.m. would end at 4:30 p.m./3:30 p.m. respectively; those beginning their normal 9-hour/8-hour workday at 8:15 a.m. would end at 6:00 p.m./5:00 p.m. respectively.
Employees on CWS may request Monday, Tuesday, Wednesday, Thursday or Friday as the day off in a pay period. As long as an employee is granted either a Monday or Friday as the day off and a Monday or Friday as the day the 8-hour day is worked in a pay period, the decision as to the day off and the day the 8-hour day is worked is nongrievable and nonarbitrable.
Part time employees on CWS must have their schedules set within the days and times stated above. (In order to establish eligibility for leave under the law a portion of the part-time employee's work schedule must be regularly scheduled. As little as 1 hour of scheduled work time in each week of the pay period is sufficient to meet this requirement.)
Except as below, if the 5-4/9 CWS which was previously approved is to be terminated, the supervisor shall inform the employee on or before the first workday of a pay period; the termination will become effective the first workday of the following pay period. Such decision shall be based upon the criteria set forth in Sections 6.4 and 6.5 of this Article. However, the supervisor may temporarily terminate a 5-4/9 schedule effective at the beginning of a pay period to accommodate training or travel needs, and notify the employee not later than the last workday of the previous pay period.
6.10.3 Expanded-Compressed Work Schedule in accordance with Yellow Announcement 2003-032 Dated May 7, 2003.
6.10.3.1 This is a type of short-term compressed work schedule (CWS) that deviates from the agency's standard 5-4/9 CWS (i.e., eight 9-hours days, one 8-hour day, and one nonworkday per pay period), and that is appropriate for certain situations. The schedule may be appropriate for emergency response work, or for inspections, hearings, or other work associated with licensee-site-area visits.
6.10.3.2 The schedule may be appropriate, for example, for emergency response work, or for inspections, hearings, or other work associated with licensee-site-area visits. The schedule is not appropriate for work performed at an employee's official duty station (with the exception of emergency response work); during attendance at a conference or training; while on international travel; while on travel to Regional Offices or Headquarters; or in situations which involve brief work periods for which other more appropriate work schedule/compensation mechanisms exist (e.g., overtime, or compensatory time off).
6.10.3.3 This work schedule has the following characteristics:
The days and hours of work must be predictable yet not conform with an employee's existing work schedule; A full-time employee may, with supervisory approval, compress more than eight or nine regular (nonovertime) hours into a workday and fewer than nine workdays into a pay period (part-time employees may participate as well). For example, an employee might be scheduled to work eight 10-hour workdays in a given pay period; There are no restrictions on the times an employee may be scheduled to work (including at night and on weekends), which may result in premium pay.
6.11 Flexitime/Flexitour
6.11.1 Flexitime is a system of work scheduling which splits the workday into two distinct kinds of time: core time and flexible time.
6.11.2 Core time is the time during which all employees must be present or on approved leave, compensatory time, excused absence, or absence in duty status. The core hours will be 10:30 a.m. to 1:30 p.m. each Wednesday. However, Office Directors may, at their sole discretion, reduce the core hours within this timeframe to as little as 1 hour per pay period.
6.11.3 Employees may not work regular or credit hours on Saturday, Sunday or a federal holiday. For purposes of pay and scheduling, the holiday schedule for employees under this schedule will be 7:30 a.m. to 4:15 p.m.
6.11.4 Flexitour is a type of flextime in which selected arrival and departure times, which do not coincide with the official hours of duty, are fixed until changed. The employee must work the approved Flexitour schedule for the pay period except when, under special circumstances, the employee obtains the approval of his or her supervisor to change to another Flexitour schedule. Flexitour schedules shall be in 15 minute increments. Employees on Flexitour may request to begin their workday as early as 5:00 a.m. and ending as late as 8:00 p.m. However, Office Directors and Regional Administrators, at their sole discretion, may extend the hours to as late as 11:00 p.m. Employees are not eligible for night premium pay for any non-overtime hours worked. Employees may include non-contiguous hours (split-shift) in their work schedules.
6.11.4.1 Employees on a flexitour schedule will also be permitted to be on a "gliding schedule." Employees on a gliding schedule may arrive each day up to one hour before or after their regular start/stop time while completing their daily work schedule. Regardless of the start time, an employee must complete his/her scheduled number of work hours or take approved leave.
6.11.5 Employees may request to work fewer than ten days in a pay period, and may account for up to 11.25 hours a day (including regular hours, credit hours earned/used, leave used, etc.). This limit does not apply to overtime that is ordered or requested/approved. The schedule for full time employees may mirror a compressed work schedule such as a 5-4/9 or a 4-10 or even a regular 10 days, 8 hour schedule. It is not necessary that an employee schedule the same number of hours each work day.
6.11.6 Except as below, if the Flexitour schedule which was previously approved shall be terminated, the supervisor shall inform the employee on or before the first workday of a pay period; and the termination will become effective the first workday of the following pay period. In an emergency, such as unexpected changes in workload, the termination can become effective the following workday. Such decision shall be based upon the criteria set forth in Sections 6.4 and 6.5 of this Article.
6.11.7 The denial of an employee's request to work a schedule beginning before 6:00 a.m., or ending after 6:00 p.m., will not be grievable or arbitrable.
6.12 Credit Hours
Employees working Flexitour work schedules are permitted to obtain credit hours for working more than the normally scheduled hours per day. In order to earn credit hours, the employee must file a written request, and obtain prior supervisory approval. If it is impractical to obtain written approval, oral approval may be granted, subject to subsequent written confirmation. Approval or disapproval by the supervisor shall be based on a determination of whether the workload supports the requested credit hours. Employees will record, and supervisors will approve, all actual credit hours earned and used in the HRMS time and labor system, and employees will not be required to revise their original credit hour request. No more than 24 credit hours may be carried over from pay period to pay period for full time employees. Part time employees may accumulate no more than 1/4 of the employee's scheduled biweekly tour of duty. Employees may earn credit hours by working earlier than their scheduled arrival time, or by working later than their scheduled departure time. An employee may work a maximum of 11.25 hours per work day, including regular hours, credit hours and paid leave. An employee may not earn credit hours on Saturdays, Sundays, and Holidays. An employee may earn credit hours between 5:00 a.m. and 8:00 p.m. However, Office Directors and Regional Administrators, at their sole discretion, may extend those hours to as late as 11:00 p.m. Credit hours may be earned in increments of 15 minutes, subject to a ½ hour minimum per day. Credit hours may be used in the same manner as annual leave.
6.13 "First 40" Schedule
A "first 40" schedule may be approved for those employees, such as resident inspectors, where it is impracticable to prescribe a regular schedule of definite hours of duty for each workday. A first 40 work schedule requires employees to work 40 hours without the requirement for specific days and hours. These hours are all considered regularly scheduled work for hours of duty purposes, and the employee is not eligible for premium pay for such hours. Any additional hours (in excess of forty) of officially ordered or approved work within the administrative workweek are considered overtime work for premium pay purposes.
6.14 Supervisory Discretion
A supervisor may approve duty hours other than those described in this Agreement. However, a supervisor's refusal to approve a request for such duty hours shall be nongrievable and nonarbitrable.
6.15 Grievability
Employees may grieve (starting at Step B) the denial of a work schedule request except for the following:
6.15.1 Schedule change during the 3-month fixed term (6.9);
6.15.2 Denial of a specific CWS day off, as long as the employee has been granted either a Monday or Friday as his/her CWS day off (6.10.2);
6.15.3 Denial of a specific CWS day off due to the supervisor's resolution of a conflicting request by a co-worker (6.7);
6.15.4 The denial of an employee's request to work a schedule beginning before 6:00 a.m., or ending after 6:00 p.m. (6.11.7); or
6.15.5 A denial by the supervisor of a work schedule not described in this Agreement (6.14).
6.16 Right to Reopen Article
The Agency reserves its statutory right under 5 U.S.C. 6131 to reopen negotiations on this Article at any time it makes a determination that a particular flexible or compressed schedule has had an adverse Agency impact.
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Article 7 Telework
7.1 General
This article pertains to the implementation of a Telework Program whereby participants are allowed to work at home or at other approved off-site locations. For the purposes of this article the terms "telework" and "telecommuting" can be used interchangeably, and can include "work-at-home."
Participation in the Telework Program is voluntary and can be terminated at any time by the participant or the participant's supervisor.
The Telework Program can, among other things, provide the opportunity to enhance work place efficiency, increase employee morale, and reduce traffic congestion. However, the program cannot be used as a substitute for dependent or child care.
7.2 Management Discretion
Management has the discretion in deciding whether a particular position or class of positions is appropriate for the Telework Program based on the content of the work, consistent with the criteria set forth in this Article.
Management will also consider the performance of the participant in determining eligibility for initial and continued participation in the program. Management reserves the right to alter the participant's established telework schedules to accommodate work demands or for any other official purpose. (Changes to work schedules are covered by Article 6, Hours of Work, and will be made in accordance with the provisions of that article.)
7.3 Telework Schedules
7.3.1 Telework work schedules can be established on a fixed (long-term) basis or on a project (short-term) basis.
7.3.2 Employees on any work schedule, including part-time employees, may be approved for telework.
7.3.3 For a Telework fixed schedule, participants may work at home or other approved off-site location for no more than 1 day each week (Office Directors and Regional Administrators, at their discretion, may permit up to three days per week). If an Office Director or Regional Administrator wishes to increase the number of fixed days beyond three per week, he/she must obtain the approval of the Director, Office of Human Resources. A fixed schedule may be established that designates the day(s) each week in which work will be performed at the participant's home or off-site location. Although an employee may request a particular day to work at home or off-site, the supervisor has final approval.
7.3.4 However, subject to the needs of the organization and at the discretion of the supervisor, the fixed-term participant may be required to change or forego their established telework schedule if there is an organizational necessity to do so. When the organizational need is met, the participant will return to their previous fixed schedule.
7.3.5 An employee may also be approved by their supervisor to work a telework schedule on a project basis. The duration of an approved project-based telework schedule normally can be measured in terms of days or hours. Any project-based schedule that exceeds three consecutive full workdays shall be approved by the employee's second-level supervisor. The number of days or hours needed for a project-based telework arrangement is dependent on the nature of the work or project and the needs of the organization. It is the supervisor who will make this determination.
7.4 Eligibility
7.4.1 An employee's request to participate in the Telework Program will be approved if:
7.4.1.1 he/she has sufficient duties that are portable and that can be effectively performed outside of the traditional office setting. (It is recognized that while an employee's position may not have sufficient portable duties to provide eligibility to telework regularly on a fixed schedule, the employee may still have portable duties associated with a particular assignment that would be eligible for project-based telework.)
An employee who routinely or regularly deals with classified or sensitive documents or information must be able to remove them from an NRC facility or have sufficient other work to justify the requested telework schedule; and
7.4.1.2 the employee's absence from the work site does not unduly interfere with the efficient operation of the organization, (e.g., office coverage); and
7.4.1.3 the employee has, and maintains, a performance rating of at least fully successful in all critical elements. The employee must also, regardless of performance rating, demonstrate and maintain acceptable work habits, conduct, and adherence to agency policies. Failure in any of these areas must be documented by at least a counseling memo to justify denial.
7.5 Request to Participate in the Telework Program
7.5.1 Eligible employees requesting to work fixed schedule telework must complete a NRC Form 621. In the NRC Form 621, the fixed schedule applicant must:
1 state the reason(s) for wanting to participate in Telework; 2 pursuant to Section 7.3 of this Article, agree to work the required number of days per week at the regular office; 3 recommend specific tasks to be performed at the alternative work site; 4 explain the benefits to the organization (optional); 5 agree to scheduled home inspections of the home work site by authorized agency personnel; 6 agree, if requested, to revise the home work site to accommodate mission/organizational requirements; 7 agree to attend training sessions relating to Telework; 8 agree to complete program evaluation material (as requested); 9 agree (as required) to communicate with the supervisor each day while at the alternative work site, and to be readily available and within reach during the workday; and 10 agree that duty time will not be used to provide dependent or child care.
7.5.2 Employees requesting approval for project-based telework must discuss their request with their immediate supervisor and have their immediate supervisor's approval setting forth the expected duration of the work project to be performed off-site. Supervisors shall document project-based telework assignments.
7.5.3 Employees approved for either fixed-schedule or project-based telework agree to abide by the terms of a work-at-home agreement and complete an off-site safety check list.
7.6 Supervisory Response to a Request to Participate
7.6.1 The Supervisor will review the employee's request and will discuss it with the employee. The supervisor will promptly approve the request if consistent with the criteria set forth in Section 7.4 of this Article.
7.6.2 If a request to participate in the Telework Program is denied, the supervisor will specify the reason(s) in writing, specifically identifying which of the criteria set forth in Section 7.4 the employee has failed to meet (i.e., portability of work, office coverage, performance or conduct). As provided in Article6.5, adequate office coverage shall normally be considered to exist during the official hours of the NRC when for each organizational segment of that office there is at least one clerical employee available to provide necessary clerical support and when there is at least one non-clerical employee available in each segment to carry out that segment's responsibilities and to knowledgeably respond to all inquiries regarding the segment's primary function and ongoing projects.
7.6.2.1 An employee may request, through the Agency Telework Coordinator, a review of the denial. In such a case, the Agency Telework Coordinator will discuss the situation with appropriate parties and provide a recommendation to the appropriate manager, who will make a final decision. The manager's decision is grievable starting at the Step B of the negotiated grievance procedure.
7.6.2.2 The Union will receive a copy of each denial of an employee's request for telework. The union may request a review of a decision to exclude a class of positions from eligibility for the fixed schedule Telework Program by the Director, Office of Human Resources. The Director, Office of Human Resources will review the matter and make a recommendation to the appropriate manager.
7.7 Termination of the Telework Arrangement
Participation in both the fixed and project-based flexible schedules is not an employee right and may be terminated by the participant or their supervisor at any time based on the criteria established in Section 7.4.
Typical reasons for termination may include, but are not limited to, the following: the participant fails to meet deadlines or quality of work expectations; appropriate work is no longer available or a specific project has been completed; office coverage requirements are not being met; difficulty in effectively communicating with co-workers, supervisors, or other contacts; misuse of government equipment; and misconduct or wrongdoing by the participant.
If a Telework arrangement is terminated by a supervisor, the participant may request that the Agency Telework Coordinator review the termination. In such cases the Agency Telework Coordinator will discuss the situation with the appropriate parties and provide a recommendation to the appropriate manager who will make a final decision. The manager's decision is grievable starting at the Step B of the negotiated grievance procedure.
7.8 Reports
NTEU will be promptly provided with copies of any reports or data regarding telework participation provided to NRC senior management or to any other government entity (e.g., OPM, OMB, GSA or Congress). However, internal NRC reports that are management advice and guidance are not covered by this section.
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Article 8 Special Circumstance Work-at-Home
8.1 Basis for Work-at-Home
8.1.1 Personal Incapacitation
An employee must be personally incapacitated for duty at his/her permanent work site because of confinement associated with (1) serious illness, (2) an injury, or (3) child delivery. In rare circumstances, the employee's personal incapacitation may be due to a substantial medical condition that prohibits him/her from working in a facility that otherwise complies with all known health-related standards. This situation would require well-documented medical evidence and may be subject to review by an independent expert on behalf of the NRC. The employee's incapacitation must not prevent him/her from performing assigned duties at home.
8.1.2 Personal Hardship
An employee may request approval of a work-at-home arrangement which presents a significant personal hardship. However, this program may not be used as a substitute for dependent care or child care.
8.2 Criteria and Requirements for Approval
8.2.1 All work-at-home plans must be in the best interest of the NRC.
8.2.2 The employee's work should be portable, i.e., the duties of the position can be readily accomplished at home or other appropriate work site. Determination of portability will be made strictly on a case-by-case basis.
8.2.3 Work-at-home plans will include the supervisor's determination that the requesting employee can successfully work in an unsupervised environment.
8.2.4 Approval of work-at-home arrangements will not involve unreasonable risk to the employee, agency information, or property. Cost/benefit involving expenditures for computer, telecommunications, or other equipment will be considered as part of the work-at-home arrangement.
8.2.5 Any period of illness or confinement due to injury or maternity absence must be supported by medical certification. Such medical documentation should, as appropriate, include the number of hours and/or days an employee would be capable of working during the workday/workweek and the duration of the situation or circumstance giving rise to the work-at-home request.
8.2.6 All approved work-at-home plans are non-permanent arrangements for relatively short periods of time. There is no minimum period for which a plan can be approved. Generally, work-at-home arrangements will be approved for periods not to exceed six months. However, in unusual circumstances where the need continues beyond six months, a reevaluation and determination to extend or not will be made. Determinations regarding the duration of all work-at-home plans will be made strictly on a case-by-case basis. Requests for continuation of Work-at-Home arrangements beyond six months must be accompanied by medical or other relevant documentation to support the extension.
8.2.7 Written work-at-home plans are required for personal incapacitation and personal hardship cases, and should do the following:
8.2.7.1 Enable management to verify and measure productivity;
8.2.7.2 Establish time and attendance procedures;
8.2.7.3 Identify any special equipment or other supply needs of the employee; and
8.2.7.4 Provide for a short written evaluation of the work-at-home experience by both the supervisor and the employee to be given to the Office of Human Resources.
8.2.8 Work-at-home plans for personal incapacitation and personal hardship cases, and requests for extensions, should be submitted through the Office Director or Regional Administrator to the Director, Office of Human Resources, for approval.
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Article 9 Holidays
9.1 Work Assignments on Holidays
Unless NRC determines that a specific employee(s) is required to work an established U.S. Government holiday, NRC agrees to direct such work assignments based on seniority among qualified employees. In situations where there are volunteers, NRC agrees to use the most senior employee(s); in those cases where there are no volunteers, NRC agrees to use reverse seniority.
9.2 Notification to Employees
The NRC agrees to notify employees who are directed to work an established U.S. Government holiday as soon as practicable after the need is known.
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Article 10 Annual Leave
10.1 Annual Leave
Employees shall earn and use annual leave in accordance with applicable law and regulations.
10.2 Requests
10.2.1 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. 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.
10.2.2 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.
10.2.3 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.
10.2.4 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.
10.3 Consecutive Leave Weeks
Subject to the provisions of Section 10.2, 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.
10.4 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.
10.5 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 11, Sick Leave, it shall be approved.
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Article 11 Sick Leave
11.1 Sick Leave
An employee shall earn and use sick leave in accordance with applicable law and regulations. The Agency will approve use of accrued sick leave when an employee is incapacitated for the performance of duties by physical or mental illness, injury, pregnancy or childbirth, or for related reasons, which may include:
11.1.1 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; 11.1.2 Dental, optical, or medical examination or treatment; 11.1.3 Absences related to the adoption of a child; 11.1.4 Providing care for a family member with a serious health condition. The amount of sick leave used for this purpose may not exceed 480 hours during a leave year; 11.1.5 Absences to arrange or attend the funeral of a family member; or 11.1.6 Providing care for a family member who is incapacitated by a medical or mental condition, or attends to a family member receiving medical, dental, or optical examination or treatment.
The amount of sick leave granted to an employee during any leave year for the purposes identified in Sections 11.1.5 and 11.1.6, above, may not exceed 104 hours. 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.
A family member includes a 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;
11.2 Supervisory Notification of Unanticipated Sick Leave
Prior to the time for reporting to work, an employee is expected to notify his/her supervisor or the supervisor's designee if the employee will be absent due to a need for sick leave that was not anticipated prior to that time. If the employee is unable to provide such advance notice, the employee should normally notify the supervisor within two hours of the employee's time for reporting to work. Such notice shall be provided on the first day of his/her absence and on each subsequent day not covered by the employee's prior notification. If the employee cannot comply with the 2-hour requirement (e.g., due to the degree of illness or injury), the employee will report his/her absence as soon as possible. Any request for the employee to substantiate the need for sick leave will be handled in accordance with the provisions of 11.5, below.
11.3 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 one scheduled workday 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 one scheduled workday shall be made in writing. Such requests by the employee will be approved in accordance with the criteria set forth in Article 10, Annual Leave.
11.4 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.
11.5 Medical Documentation or Other Evidence
11.5.1 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 three consecutive full workdays.
11.5.2 An employee shall not normally be required to submit documentation for absences of three consecutive workdays or less. However, if the Agency has reasonable grounds to question whether an employee is properly using sick leave (for example, when sick leave is frequently used or in unusual patterns or circumstances), then the Agency may inquire further into the matter and ask the employee to provide an explanation. In requesting further explanation, the Agency will notify the employee of the basis of this request. The employee may provide his/her explanation verbally or in writing; however, if the employee's explanation is not deemed acceptable, the supervisor may require that the employee provide an explanation in writing from the employee's health care provider, where appropriate (i.e., where the nature of the need for sick leave is such that a doctor's visit would be necessary) or to provide other evidence to support the usage of sick leave. Absent a reasonably acceptable explanation or evidence to support the request for sick leave, the leave request may be denied. The employee will be counseled/warned that continued, frequent use of sick leave, or use in unusual patterns or circumstances, may result in a written requirement to furnish acceptable documentation, as provided below, for each subsequent absence due to illness or incapacitation for duty, regardless of duration.
11.5.3 If a supervisor has reasonable grounds to believe that an employee is abusing his or her sick leave, the supervisor will give written notice that for a stated period (generally 3 months), he/she must furnish documentation from a competent medical authority for each absence from work that he/she desires to charge to sick leave. Supervisors are encouraged to precede such restrictions with a warning letter which places the employee on notice that a restriction will be imposed due to questionable use of sick leave. An allegation of sick leave abuse may not be based solely on the amount of sick leave used by the employee. At the end of the stated period, the restriction will expire unless the supervisor gives the employee written notice of renewal of the restriction due to actual or suspected continued abuse.
11.5.4 If medical documentation is required under this article, it must include the following elements: (1) the actual date(s) seen by the medical provider; (2) probable duration of incapacity and/or return to work date; (3) an affirmative statement by the medical provider that the employee is unable to work during the period of incapacity; and (4) the employee's name and the medical provider's name, address, and signature. This documentation may be hand delivered by the employee or faxed by the medical provider to the supervisor.
11.5.5 Any request that an employee submit medical documentation beyond that required in 11.5.4, shall be provided in writing, and shall (1) state the basis for requesting additional, more specific information; (2) identify the name and address of the Agency's medical authority; and (3) specify the nature of the document required and/or the types of documentation or evidence which will satisfy the Agency's request. The Agency will provide the employee a reasonable amount of time (no less than 15 calendar days, but up to 30 calendar days, if necessary) to obtain the requested medical documentation. An employee may, at his or her option, authorize the Agency to contact his/her health care provider directly; the employee will be permitted to participate in any such communication. If the employee does not provide the requested information, the Agency will make a decision using the information available. If there is a dispute concerning the sufficiency of medical documentation, the Agency may require an employee to undergo an additional physical examination, by a competent medical authority (other than the Agency's designated medical authority) at the Agency's expense.
11.5.6 Any medical documentation or evidence submitted by an employee shall be considered confidential, and will only be discussed with other officials of the Agency on a need to know basis. Management will only make sick leave status and usage information available on a need to know basis.
11.5.7 If an employee suffers from a chronic condition which does not require frequent medical treatment, although absence from work is periodically necessary as established by medical documentation of the chronic condition, the employee will not be required to furnish documentation for each absence. Medical documentation establishing such conditions shall be updated from time-to-time upon request of the supervisor based on the circumstances of the particular case.
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Article 12 Advanced Annual and Sick Leave
12.1 Advanced Annual Leave
Annual leave which will accrue during the leave year will normally 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. Use of such leave may be denied when it is unlikely that the employee will accrue such leave during the leave year, based on either information provided by the employee or a pending action to terminate his/her employment.
12.2 Advanced Sick Leave
A full-time employee may be advanced a maximum of 30 days of sick leave when required for a serious disability or ailment of the employee or a family member or for the purposes relating to the adoption of a child. For a part-time employee, the maximum amount of sick leave that may be advanced must be prorated according to the number of hours in the employee's regularly scheduled administrative workweek.
Employees must request advanced sick leave in writing. A supervisor may require an employee to submit a medical certificate or other appropriate documentation justifying the need for the advanced leave. The request for advanced sick leave may be denied when it fails to meet the required criteria, or it is known in advance that the employee does not intend to return to duty.
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Article 13 Leave Without Pay
13.1 Agency Approval
Leave without pay must be requested in advance whenever possible. Requests for more than three days must be made in writing. However, the authorization of leave without pay is a matter of administrative discretion and employees, with a few exceptions, have no entitlement to leave without pay as a matter of right. If the employee's request is denied, he or she will be notified before the Agency charges the employee as being Absent Without Leave (AWOL).
13.2 Family Leave
An employee may be entitled to leave without pay for family-related reasons in accordance with the provisions of Article 15, Family Leave.
13.3 Relationship to Annual and Sick Leave
An employee may request, and the Agency will consider granting, leave without pay even though his or her annual or sick leave balance has not been exhausted. 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.
13.4 Extended Leave Without Pay
Each request for extended leave without pay that is not an entitlement, including a request to engage in full or part-time study, will be examined closely to assure that the value to the government or the needs of the employee are sufficient to offset costs and administrative inconveniences such as encumbrance of a position. There should be reasonable expectation that the employee will return at the end of the approved period. In addition, it should be apparent that at least one of the following benefits would result:
13.4.1. increased knowledge, skills or ability to perform the job;
13.4.2. protection or improvement of employee's health; or
13.4.3. retention of the employee.
13.5 Duration of Leave Without Pay
Except when required by law or regulation, leave without pay will not be authorized initially for any period in excess of 52 weeks. Requests for extensions will be approved/disapproved based on the merits of each individual case.
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Article 14 Excused Absence
14.1 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.
14.2 Office Closure
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, the Agency will clearly indicate this on its public website. Reasonable efforts will also be made to inform all employees by private or public media. In the absence of any specific notice on the NRC website, employees may follow the policy identified on the OPM website. If the Executive Director for Operations or a Regional Administrator closes an office or building, the NRC will grant the appropriate amount of excused absence for employees, except essential personnel when necessary, in that office or building, in accordance with existing Agency policy.
14.3 Excused Absences for Weather or Other Commuting Delays
14.3.1 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 (including a temporary 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.
14.3.2 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.
14.3.3 Employees will not be provided excused absence under this section 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.
14.3.4 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.
14.4 Blood Donation
Absent an interference with Agency work, an employee will be excused for absence in order to donate blood 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.
14.5 Bone Marrow or Organ Donation
An employee is entitled to excused absence each calendar year of up to seven days to serve as a bone marrow donor and thirty days to serve as an organ donor. The excused absence will not affect pay, leave to which otherwise entitled, credit for time or service, or a performance rating. The length of absence for such purposes will vary depending upon the medical circumstances of each case. Administratively acceptable documentation, such as certification from the employee or medical certification from the doctor or hospital, is required.
14.6 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 or period of approved absence may be excused by the supervisor based upon acceptable circumstances. 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. If the employee's request to make up a period of tardiness is denied, he or she will be notified before the Agency charges the employee as being Absent Without Leave (AWOL).
14.7 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.
Unformated CBA for Ratification - Agency will publish
with table of contents, index, page numbers, etc.
Article 15 Family Leave
15.1 Leave Entitlement Under the Family and Medical Leave Act (FMLA).
15.1.1 Under the Family and Medical Leave Act, full-time or part-time employees with at least 12 months of qualified Federal service are entitled to take 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons:
1. a serious health condition that makes the employee unable to perform the essential functions of his/her position;
2. the birth of a son or daughter and to care for such son or daughter;
3. the placement of a son or daughter with the employee for adoption or foster care; or
4. the care of an employee's family member (spouse, son, daughter or parent) who has a serious health condition.
15.1.2 Consistent with current law and regulations governing the granting and use of annual or sick leave, an employee may, at his or her option, substitute paid leave (annual or sick) for unpaid leave under FMLA.
15.1.3 Entitlement to leave under FMLA shall be administered in accordance with applicable law, government-wide regulations and NRC regulations.
15.1.4 Employees must indicate that they are invoking their entitlement to family and medical leave. They are required to submit a written request on OPM 71 or its equivalent, along with any required documentation. If the employee intends to substitute paid leave, it should be requested at this time. If the employee wishes to request advanced leave, it should also be requested at this time. Employee requests to use family and medical leave shall be granted or denied promptly.
15.1.5 If the family and medical leave to be taken is foreseeable, based on an expected birth, placement for adoption or foster care, or planned medical treatment, the employee should advise his/her supervisor not less than thirty calendar days prior to the date the leave is to begin.
15.1.6 If leave must be taken beginning within thirty calendar days, notice is required as soon as practicable. If the need for leave is not foreseeable, such as a medical emergency or the unexpected availability of a child for adoption or foster care, and the employee cannot provide thirty calendar days' notice of his/her need for leave, the employee should provide notice within a reasonable period of time appropriate to the circumstances. If an employee or his or her personal representative is physically or mentally incapable of invoking the employee's entitlement to FMLA leave during the entire period in which the employee is absent from work for a FMLA-qualifying purpose, the employee may retroactively invoke his or her entitlement to FMLA leave within two days of returning to work.
15.1.7 The scheduling of use of Family Medical Leave for a planned medical procedure or treatment will be approved unless the employee's requested absence would disrupt unduly the operations of the Agency. In the event a supervisor denied an employee's request for family and medical 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.
15.1.8 The employee will be notified as soon as possible as to what documentation will be required for the family and medical leave request. Rules and procedures concerning requests for medical documentation are set forth in Article 11, Section 11.5.
15.1.9 Upon request, an employee will be provided with a statement indicating the balance of time available under the Family and Medical Leave Act, indicating the applicable 12-month period. A decision by the Agency to deny an employee's request for family and medical leave, based on the exhaustion of his or her 12-week entitlement, must be supported by documentation showing family and medical leave usage during the 12-month period.
15.2 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. 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. To the extent permitted by law and regulation, the employee, at her discretion, may use earned sick leave, annual leave, LWOP, (including leave entitlement under the Family and Medical Leave Act, as set forth in Section 15.1) or any combination of these for maternity leave purposes.
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.
15.3 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.
15.4 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, and the provisions of this Agreement. Employees should provide as much advance notice to their supervisor as practicable.
15.5 Other Family Leave Provisions
In accordance with applicable regulation, employees may request and be granted up to 24 hours of LWOP for the following activities:
15.5.1 Participate in school activities directly related to the educational advancement of a child (such as parent-teacher conferences, field trips, etc.;
15.5.2 Accompany a child to routine medical or dental appointments, examinations and vaccinations; or
15.5.3 Accompany an elderly relative to routine medical or dental appointments or other professional services related to the care of the relative, such as providing for housing, meals, telephones, and banking services.
Employees may request such leave for educational purposes even if the employee does not have a child in school, as long as the absence relates to the educational advancement of a child.
Leave obtained through the Voluntary Leave Transfer Program may not be used for the expanded FMLA purpose. The use of donated leave is restricted to medical emergencies. Use of leave under the expanded FMLA provisions must be requested and approved in advance. Approval of such leave will depend on whether the employee's absence would unduly disrupt Agency operations.
15.6 Part-Time Accommodations
NRC will, to the extent practicable, consider employee requests for part-time or job sharing opportunities for employees with a child under 1 year of age.
Unformated CBA for Ratification - Agency will publish
with table of contents, index, page numbers, etc.
Article 16 Other Leave Provisions
16.1 Military Leave
Military leave will be granted in accordance with applicable statutes, Office of Personnel Management (OPM) regulations and Comptroller General decisions.
16.2 Court Leave
All court leave will be granted in accordance with applicable statutes, OPM regulations and Comptroller General decisions.
16.3 Leave Use Increments
All annual leave, sick leave, leave without pay, and restored leave will be charged in increments of no greater than 15 minutes.
Unformated CBA for Ratification - Agency will publish
with table of contents, index, page numbers, etc.
Article 17 Merit Selection Procedures
17.1 Purpose
It is the purpose of this Article to provide a fair and equitable process for filling positions through competitive procedures based upon merit, and to ensure the selection of the best qualified candidates for vacant positions. The parties agree that the selection and advancement of employees should be determined solely on the basis of relative ability, knowledge, skills and worker characteristics after fair and open competition which assures that all employees receive equal opportunity. Actions taken under this Article shall be made without regard to race, color, sex, national origin, marital status, age, religion, sexual orientation, labor organization affiliation or non-affiliation, or non-disqualifying disability and shall be based solely on job-related criteria. The Parties agree that the Agency has the right to fill vacant positions by recruiting eligible candidates through the announcement of such vacancies within the Agency or by recruiting from any appropriate source. Consistent with the provisions of this Article, bargaining unit employees will be given the opportunity to apply for vacant positions and given simultaneous consideration with any "outside" applicant(s).
17.2 Coverage
Except as provided under Section 17.3 below, the competitive procedures set forth in this Article apply to all promotions and other placement actions to bargaining unit positions, including:
17.2.1. Time-limited promotions or details for more than 90 calendar days to higher graded positions, and details for more than 90 calendar days to a higher grade position or to a position with higher promotion potential than the position an employee currently holds or previously held on a permanent basis (prior service during the preceding 12 months under noncompetitive temporary promotions and noncompetitive details to higher graded positions counts toward the 90 days). A temporary promotion may be made permanent without further competition provided the temporary promotion was originally made under competitive procedures and the fact that it might lead to a permanent promotion was included in the original vacancy announcement.
17.2.2. Selection for training which is part of an authorized training agreement, part of a promotion program, or required before an employee may be considered for a promotion.
17.2.3. Promotion, reassignment, transfer, reinstatement, demotion or detail to a position with more promotion potential than the highest potential of a position currently or previously held on a permanent basis (except as permitted by reduction-in-force regulations).
17.3 Exclusions
This Article will not apply to non-bargaining unit positions. This Article will also not apply to the following:
17.3.1 A promotion resulting from the upgrading of a position without significant change in the duties or responsibilities due to issuance of a new classification standard or due to the correction of an initial classification error;
17.3.2 A position change permitted by reduction-in-force procedures;
17.3.3 A promotion without current competition when at an earlier stage an employee was selected from an NRC register or under competitive promotion procedures for entry into a non-competitive career promotion position structured to allow the incumbent to rise to the full performance level identified for the position. This employee is assigned duties that result in grade-building experience and is promoted as he or she demonstrates the ability to perform at the next higher level.
17.3.4 A promotion resulting from an employee's position being reclassified at a higher grade because of additional duties and responsibilities; in the event a promotion is granted under this exclusion provision, the NRC shall document the duties and responsibilities per Article 21, Position Descriptions. A noncompetitive promotion may be made if all the following conditions are met:
1. the employee continues to perform the same basic functions;
2. the major duties of the position are absorbed into the new position;
3. the new position has no known further promotion potential;
4. no other positions within the organizational unit are adversely affected;
5. the position's higher grade is not based solely on the addition of supervisory duties to a non-supervisory position; and
6. the employee has been performing the higher level duties for a sufficient period of time to determine that the responsibilities are ongoing and permanent.
17.3.5 A temporary promotion, or detail (including a rotational assignment) of 90 calendar days or less to a higher grade position or a position with higher promotion potential than the highest potential of a position an employee currently holds or previously held on a permanent basis. Prior service during the preceding 12 months under noncompetitive time-limited promotions and noncompetitive details to higher graded positions counts toward the 90-day total.
17.3.6 In accordance with law and regulation, promotion to a grade previously held on a permanent basis from which an employee was separated or demoted for other than performance or conduct reasons.
17.3.7 Promotion, reassignment, demotion, transfer, reinstatement, or detail of a bargaining unit employee to a position having promotion potential no greater than the potential of a position an employee currently holds or previously held on a permanent basis and did not lose because of performance or conduct reasons.
17.3.8. Consideration of a candidate not given proper consideration in a competitive promotion action, in accordance with Section 17.21, below (Priority Consideration).
17.3.9. In accordance with law and government-wide regulation, appointment or conversion in a special Federally authorized program; e.g., NRC Student Career Experience Program, Presidential Management Intern Program, Veterans' Appointment Program, or special program for the appointment of the mentally challenged, those with psychiatric disabilities or severely physically disabled individuals.
17.4 Employee Consideration
17.4.1 The area of consideration is the area in which an active search of candidates is made. The minimum area of consideration is that area in which it can be reasonably expected that a sufficient number of qualified employees will be located. When bargaining unit positions are filled under the provisions of this Article, the minimum area of consideration is normally Agency-wide; however, in unusual circumstances caused by factors outside the agency's control which significantly impact budget or staffing levels, the area of consideration may be restricted to an Office if it is determined that a sufficient number of qualified applicants will be found within the area of consideration. The Agency will notify the Union prior to the announcement of any vacancy where the area of consideration is less than Agency-wide.
17.4.2 When filling a bargaining unit position (other than through one of the means covered by the exclusions identified in 17.3, above), NRC employees (both bargaining unit and non-bargaining unit) within the area of consideration may apply and receive simultaneous consideration with any "outside" applicant(s). Those who apply will be considered if otherwise eligible (e.g., the application is complete and is received by the closing date, the applicant has status if the advertised position is permanent and open only to status candidates, etc.) NRC employees will be processed according to the provisions of Article 17.
17.5 Vacancy Announcement Posting
Vacancy announcements will be posted for at least 16 calendar days; once posted, the closing date will not be changed to an earlier date. Applications will not be accepted after the closing date.
An employee who wishes to relocate from one geographic area to another may contact the Office of Human Resources to express such interest. The Office of Human Resources will consider the employee's request, consistent with agency needs. Relocation costs will not be provided to the employee if the relocation is solely for the benefit of the employee.
17.6 Vacancy Announcement Content
17.6.1 All bargaining unit employees will be notified where announcements for competitive merit promotions can be accessed. The notification will provide instructions on how to obtain the announcement via the internet. The vacancy announcement will contain the following information, to the extent that such information is available:
17.6.1.1 announcement number; 17.6.1.2 opening and closing dates (if an "open until filled" announcement, this shall be indicated); 17.6.1.3 the title, occupational series, grade, organization and location of the position; 17.6.1.4 promotion potential for the position (i.e., career ladder); 17.6.1.5 hourly/annual salary range for WG/GG positions; 17.6.1.6 area of consideration; 17.6.1.7 a brief description of the duties and responsibilities of the position and an indication where additional information may be obtained; 17.6.1.8 whether the position is a full or part-time position; 17.6.1.9 minimum qualifications necessary, including selective placement factors (if any); 17.6.1.10 significant working conditions; 17.6.1.11 procedures for applying and where to submit applications; 17.6.1.12 statement of equal employment opportunity; 17.6.1.13 number of positions expected to be filled (in numeral form); (a change in the number of positions available will not necessitate an amendment to the announcement; however, all candidates on the selection certificate will be notified of any changes in the number of positions expected to be filled prior to the referral of the list to the selecting official); 17.6.1.14 the rating and quality ranking factors for the position (if any) and, if certain rating or ranking factors are more important than others, they will be so identified, and assigned a multiple weight; 17.6.1.15 bargaining unit status; 17.6.1.16 name of immediate supervisor; 17.6.1.17 whether relocation expenses are authorized; and 17.6.1.18 for multiple grade vacancies, a statement that applicants should specify the grade level(s) for which they wish to be considered.
17.6.2 "Open until filled" announcements will be used for hard to fill positions, multiple vacancies, or positions for which there is an ongoing need to seek applicants. The status of "open until filled" vacancies will be provided in the Weekly Announcements, distributed to all employees.
17.7 Application Submissions
Any employee who wishes to be considered for a vacancy that has been announced must electronically apply for that vacancy by using USA Jobs. The application must include:
17.7.1 a resume;
17.7.2 a response to the vacancy questions addressing the applicant's experience and qualifications relative to each of the vacancy questions (i.e., rating factors) listed in the announcement for the position;
17.7.3 four (4) copies of the most recent available rating of record;
17.7.4 for positions advertised at multiple grade levels, employees may request consideration at any or all of the grade levels for which they are qualified; failure to specify would result in consideration only at the highest grade qualified; and
17.7.5 any other information required by the vacancy announcement.
17.7.6 An employee may reference additional relevant information as evidence of their qualifications for a position in the narrative statement prepared for each vacancy question (rating factor) or in the resume portion of the application. If the Agency has not issued an official rating of record, the application is complete without one. An incomplete application will not be considered. Since rating panels and officials are prohibited from considering information about any applicant which is not included in the application package, the parties agree that it is in an applicant's interest to prepare a well-documented application.
17.7.7 The employee must apply by the closing date stated in the vacancy announcement.
17.8 Minimum Qualifications
17.8.1 HR or Regional Personnel Officers (RPO), or subject matter experts, as appropriate, will determine whether candidates meet the minimum qualification requirements, including any selective placement factors, which become part of the minimum qualifications. The NRC will apply minimum qualifications requirements in a fair and equitable manner. When an employee does not meet the minimum qualification requirements, HR/RPO will notify and give the reason to the employee prior to the time that the rating process is completed. HR/RPO will also be responsible for giving advice and assistance to the rating official or panel and to the selecting official to assure compliance with the procedures set forth in this Article.
17.9 Rating
17.9.1 The NRC shall use a system to rate the candidates when there are four or more qualified applicants for the position. A rating panel consisting of at least 2 members will be used for all promotion actions involving more than 10 applicants. For promotion actions involving 4 - 10 applicants, a single rating official may be used. A representative of OHR will be available to provide advice and assistance to the rating official or the rating panel. The rating official or at least one panel member must have knowledge of the position being filled. The rating official or all panel members will hold positions at or above the full performance level of the vacant position.
17.9.2 The rating factors (referred to as "vacancy questions" in USA Jobs) are the job-related knowledges, skills and abilities and worker characteristics which are the criteria against which candidates are evaluated in order to make quality distinctions among qualified candidates. The rating factors are used to predict the probable effectiveness of the candidates' future performance in the vacant position.
17.9.3 In developing rating factors, the specific knowledge, skills, and abilities shall be identified from position descriptions, the supervisor's knowledge of the job, subject matter experts (including current incumbents of the position) and other relevant sources, such as the OPM Qualification Standards Handbook and Management Directive 10.24 (formerly NRC 4130). To the extent possible, each rating factor will be described in terms of observable and measurable criteria. Additionally, the NRC agrees to identify any rating factor changes pursuant to a reposting (R) of a vacancy announcement.
17.9.4 As an alternative to traditional rating factors, NRC may develop vacancy questions that allow for automated rating. The Agency will provide notice and the opportunity to bargain in accordance with Article 42, Mid-term Bargaining, prior to implementing any automated rating system.
17.9.5 Evaluations to determine the "best qualified" applicants will be based solely on the evaluation criteria established by the Agency for competitive merit promotion, and will be based on the application materials provided by the applicants.
17.10 Crediting Plans
17.10.1 When rating occurs, NRC will use tailored or generic crediting plans for all vacancies. The crediting plan is used to assess the candidate's qualifications and distinguish between rating factor grades/levels (A = most qualified, B = highly qualified, and C = qualified). The crediting plan shall reflect how the knowledge, skills, and abilities of applicants are evaluated in relation to the rating factors that are identified for the position.
17.10.2 The rating panel may recommend to the Human Resources Specialist that the crediting plan be adjusted for reevaluation of the candidates if the panel deems it appropriate.
17.10.3 Employees may request to view (but not retain a copy, or duplicate) the crediting plan after the selection process is completed. Such a request must be made to the appropriate Human Resources Specialist.
17.11 Consideration of Training and Awards
In arriving at letter grades for various rating factors, rating officials and rating panels shall consider any relevant training and awards granted to individual applicants, provided this information is fully documented in the package submitted by the applicant for the position.
17.12 Rating Process and Scores
In the rating process, NRC will evaluate all information provided as part of the application from each qualified employee applicant against each rating factor by applying the following grades:
"A," or "Most Qualified" - Information shows that the candidate's qualifications substantially exceed the requirements for the relevant rating factor. Such a grade indicates the candidate, with respect to that factor, has the potential to perform in an outstanding manner or to be exceptionally effective in the position.
"B," or "Highly Qualified" - Information shows that the candidate's qualifications exceed the requirements for the relevant rating factor but are not outstanding. Such a grade indicates the candidate, with respect to that factor, will be very effective in the position.
"C," or "Qualified" - Information shows that the candidate's qualifications meet, but do not exceed, the requirements for the relevant factor. Such a grade indicates the candidate, with respect to that factor, will be reasonably effective in the position.
The rating official or rating panel will convert the assigned grades to the following system of numbers which shall be consistently applied to the grades of all candidates. If any rating factors were identified as more important than others, a multiplier will be assigned to the weighted factors and applied on a consistent basis to the grades of all candidates. Grades A, B and C will be converted to numbers 3, 2, and 1 respectively. Weighted factors may be assigned multipliers of 2 or more. Total grade scores will be computed by the use of such numbers and multipliers. Each candidate's total grade score will be divided by the total number of factors plus any additional multipliers. Each rating panel member's score for each factor will be averaged to determine the candidate's score for that factor, which will, in turn, determine each candidate's total grade score. Category ratings will be determined by converting the total grade score back to a Grade of A, B or C, with scores of 2.5 - 3.0 = A, 1.5 - 2.4 = B, and 1.0 - 1.4 = C. A meeting of rating panel members is not required to determine the total grade score.
Evaluations and ratings to determine the applicants to be referred on the selection certificate will be based solely on the specified evaluation criteria and the application materials submitted by the applicants.
17.13 Interviews During the Rating Process
If, after completing the above rating process, the rating panel or official wishes to interview candidates, all candidates having a pre-interview score of no more than 1.0 below the top candidate must be interviewed. If interviews are conducted, all candidates who are interviewed should be asked similar questions. This does not preclude the rating panel or rating officials from asking questions that are unique to the individual's background and qualifications. If any additional qualified applicants are to be interviewed, then all qualified applicants will be given the opportunity to be interviewed. If, as a result of such interviews, applicant ratings are changed, a written record will be made of all such changes and will become part of the individual's application package.
17.14 Certification Record (CERT)
At the conclusion of the rating process, the Human Resources Specialist will prepare a "Candidate Evaluation Certification and Selection Record" and certify the authenticity of the ratings. This certification will attest that the rating official or rating panel had complied with the procedures set forth in this Article. The names of rating panel members will be identified on the Candidate Evaluation Certification and Selection Record.
The Human Resources Specialist will also determine how many candidates are to be placed on the selection certificate/best qualified list in accordance with 17.15 and who those candidates are.
Upon completion of such review, the record will be sent to the selecting official along with the application package submitted by each best qualified candidate. The selecting official shall not receive the numerical ratings for any specific candidate on the best qualified list. However, the highest and the lowest scores (reflecting the range of scores on the best qualified list) will be provided to the selecting official.
17.15 Selection Certificate/Best Qualified List (BQL)
17.15.1 At the conclusion of the rating process, applicants (bargaining unit and non-bargaining unit) who are within 0.4 of the top rated candidate, not to exceed the top five in number, shall comprise the best qualified list for any vacancy. However, if two or more applicants are tied for a final place on the best qualified list, all applicants having the same score shall have their names placed on the list.
17.15.2 When more than one position is expected to be filled, one additional name shall be added to the best qualified list subject to the requirements of 17.6.1.13, for each additional vacancy. The size of the best qualified list will be based on the number of positions expected to be filled at the conclusion of the rating process. However, if two or more applicants are tied for a final place on the best qualified list, all applicants having the same score shall have their names placed on the list.
17.15.3 The applicants' names shall be given to the selecting official in alphabetical order. The application materials of the referred applicants will be sent with the selection certificate. If the posting was for more than one grade, separate lists will be issued for each grade on the selection certificate. If there are three or fewer competitive eligible candidates for a vacancy at a particular advertised grade level, all of those candidates will be referred to the selecting official in alphabetical order. In addition, qualified non-competitive eligibles will be referred to the selecting official in alphabetical order on a non-competitive referral list or as a separate list on a consolidated selection certificate.
17.15.3.1 Eligible employee candidates referred to the selecting official will be given simultaneous consideration with eligible outside candidates. The names of eligible outside candidates will be referred in accordance with the provisions of Management Directive 10.15 (approved 1/22/96) and related Yellow Announcements. Except as required by law, any outside candidates referred to the selecting official must be at least as well qualified (in terms of qualifications category rating) as the bargaining unit applicants on the best qualified list; however, when outside candidates are not rated, eligible employee candidates will be given first consideration by the selecting official prior to receiving and considering the list of unrated eligible outside candidates. When requesting the list of unrated eligible outside candidates, the selecting official will describe, in writing, the consideration given to eligible employee candidates. An alleged failure to provide first consideration to an employee under this provision will be subject to the negotiated grievance procedure under Article 46.
17.15.3.2 Any list of eligible employee or outside candidates provided to the selecting official will include documentation of the date provided.
17.15.4 This best-qualified list may be used for a period of 90 days from the date certified for additional identical positions within the same office or region.
17.15.5 If the Certification Record (CERT) is re-used within a 90-day period without reposting for the same position, additional names may be added to the best qualified list in the event of separations, declinations, or selections which change the number of available BQL applicants. The re-used CERT will be re-signed in the event of any changes to the BQL applicants on the CERT. The BQL will be reestablished per this section.
17.15.6 If the selecting official believes that a reposting is necessary due to an insufficient number of candidates referred, the selecting official must review the application package(s) of those candidates referred before ordering the reposting.
17.16 Interviews During the Selection Process
If a selecting official wishes to conduct interviews, all employees on the selection certificate must be interviewed by that selecting official. If interviews are conducted, all candidates who are interviewed should be asked similar questions. This does not preclude the selecting official from asking questions that are unique to the individual's background and qualifications.
17.17 Effective Date of Promotion
If practicable, an employee who has been selected for a competitive promotion will have his/her promotion become effective no later than one complete pay period following his/her selection or the date when the position is vacated if the selection was made in advance of the position being available. Promotions involving a change of duty station will be made effective on the date the employee permanently reports at the new duty station. Employees who are assigned to a temporary duty station who are selected for a permanent position at that location will be given 30 days to accept the permanent position, and will be informed of the impact of such acceptance on their reimbursement for temporary travel expenses as well as any impact of delaying acceptance.
An employee selected for a competitive reassignment or a voluntary change to lower grade with promotion potential that does not exceed the selectee's current position will normally have the action effective a minimum of two full pay periods following his/her selection. A release may be delayed based on workload consideration if agreed to between the employing and acquiring organizations.
17.18 Notification of Unsuccessful Candidates
Applicants who are rated not eligible for the position or who are eligible but not referred on the selection certificate(s) will be notified as such within thirty calendar days from the date the certificate(s) was sent to the selecting official. Employees identified by the NRC as not qualified for a vacancy are entitled to seek an explanation of why they are not qualified and to seek career guidance from HR. Employees may request feedback from rating officials/rating panel chair as to their ratings under a specific vacancy announcement. Such requests should be submitted to the appropriate personnel representative.
Applicants referred on the selection certificate(s) but not selected will be notified within thirty calendar days of the selection being accepted. The notice will indicate that the applicant was in the group from which the selection was made and state the name of the person selected for the position.
17.19 Retroactive Pay
Employees are entitled to retroactive pay in connection with improper personnel actions where specifically provided for in law and regulations.
17.20 Union Access to Vacancy/Promotion File
Upon completion of the selection process, a copy of the complete promotional file will be provided, subject to the requirements of law, to the appropriate Union representative when requested, pursuant to Article 45, Personnel Records and Access to Information, as part of an investigation into or a grievance concerning the selection process of that particular vacancy.
17.21 Priority Consideration
17.21.1 Priority consideration will be given one time to an employee to redress any error in the rating process which resulted in that employee's name being improperly excluded from the selection certificate for consideration by the selecting official where such consideration occurred. Priority consideration may only be granted to employees who seek or accept such redress under the grievance procedure contained in this Agreement. An employee granted priority consideration may indicate positions for which they qualify for which he or she would agree to exercise his/her priority consideration right.
17.21.2 Priority consideration means that the employee whose name was erroneously omitted from the selection certificate will have the employee's name placed alone on a promotion certificate for the next appropriate vacancy and submitted to the selecting official prior to posting the vacancy. An appropriate vacancy is one at the same grade level, in the same commuting area of original position, having comparable promotion opportunity as the position for which the employee did not receive proper consideration, a position for which the employee is qualified, with the same bargaining unit status, and for which the employee agrees to exercise his or her priority consideration right. The employee may, at the employee's option, be considered for a comparable position of lower promotion potential.
17.21.3 Priority consideration holders shall be granted a maximum of 5 calendar days, beginning with the date of notification, to exercise their priority consideration right. Extensions to this 5 day period may be granted, as appropriate. During these 5 days the employee may request a copy of the position description and rating factors (if available). Further, employees may seek information about the position from the selecting official before electing to use their priority consideration.
If a priority consideration holder exercises his/her priority consideration right, the selecting official will be required to interview the priority consideration holder unless extenuating circumstances prevent such an interview. If the employee who has been given priority consideration is not selected, the selecting official will prepare a written justification for the employee.
17.21.4 In the event that more than one employee is entitled to priority consideration for the same vacancy, the employee whose priority consideration rights are senior (the employee who first received priority consideration rights) will be offered priority consideration first. If the senior priority consideration holder declines to exercise his/her priority consideration rights for a given vacancy, or is not selected for the position, priority consideration will then be offered to the next senior priority consideration holder eligible for the position. In the event that two employees receive priority consideration rights on the same date, the issue of seniority between them will be determined by their respective corrected (final) rating scores with the employee scoring highest being considered senior. In the event that two employees acquire priority consideration rights on the same date with identical rating scores, the seniority issue shall be decided on the basis of NRC service.
17.21.5 The agency will furnish NTEU, upon request, a list of bargaining until priority consideration holders and the grade and type of position(s) for which priority consideration has been granted.
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Article 18 Noncompetitive Promotions
18.1 Definition
18.1.1 A noncompetitive career promotion position is defined as a position which may be filled at a grade level below the full performance grade level and which is structured to allow the incumbent to rise to the full performance grade level for the position. The full performance grade level of any position (journeyman level) is a classification decision to be made by the NRC alone. Initial appointment to such a position must be based on competitive selection procedures and the full performance level must be clearly identified and publicized at the time of competition (normally in the vacancy announcement). Subsequent promotions to the next appropriate higher grade level (in the respective occupation series) up to and including the full performance grade level are excepted from competition. A noncompetitive career promotion is not automatic; no employee is guaranteed such a noncompetitive career promotion. All noncompetitive career promotions will be processed in a fair and equitable manner.
18.1.2 An employee may also receive a noncompetitive promotion through an "accretion of duties." The Agency will provide the Union notice within 30 calendar days when any employee has received a noncompetitive promotion based on an accretion of duties.
18.2 Basis
Noncompetitive career promotion determinations shall be based on the following factors:
18.2.1 whether, based upon the employee's most recent rating of record and the employee's performance since the date of the appraisal, the employee has demonstrated the ability to perform at the next higher grade level;
18.2.2 whether there is sufficient work to be performed at the next higher grade level;
18.2.3 whether the employee meets the qualifications for the position at the next higher grade;
18.2.4 whether funds are available to pay the additional personnel expenses incurred as a result of such a promotion; and
18.2.5 completion of the NRC one-year time-in-grade requirement.
18.3 Determination Not To Promote
A written explanation of any determination not to promote shall be given to the employee within 10 workdays of the date such determination is made unless the employee requests that such determination not be made in writing. When the employee has not demonstrated the ability to perform at the next higher grade level, the employee may request a counseling discussion as to how to demonstrate such ability. A determination not to promote shall not be referred to in any subsequent appraisal of the employee's performance. Incumbents who are not promoted will be reconsidered for promotion at 3 month intervals if they occupy GG-2 through GG-5 positions and at 6 months intervals if they occupy GG-6 through GG-14 positions.
If the Agency believes that an employee's misconduct which resulted in a suspension within the year preceding the eligibility date of a career ladder promotion affects his or her qualifications for the position at the next higher grade level, the notice of proposed disciplinary or adverse action based on such misconduct will notify the employee that the misconduct may result in denial of the employee's next career ladder promotion.
18.4 Grievances
An employee may grieve an adverse determination under this Article.
18.5 Notice of Promotion Potential
The noncompetitive career promotion potential for newly established bargaining unit positions within the NRC will be identified on the vacancy announcement at the time the position is posted.
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Article 19 Details and Rotational Assignments
19.1 Details
A detail is the authorized temporary assignment of an employee to another position, normally at the same grade, or to other duties for a specified time period, with the employee scheduled to return to his or her regular duties at the end of the detail.
19.2 Temporary Promotions
The NRC agrees that an employee who is detailed or assigned to a bargaining unit position of higher grade for more than two consecutive complete pay periods, and meets the minimum qualifications for that position, will be temporarily promoted to that position and receive the rate of pay for that position to which he/she is temporarily promoted, to the extent permitted by applicable Government-wide regulations and decisions of the Comptroller General. The effective date of this temporary promotion will be the beginning of the first full pay period of the detail.
Rotational assignments are intended to be primarily developmental. Work that is performed under closer than normal supervision, or assigned solely for the purpose of training an employee for higher level work, cannot be considered paramount for grade level purposes. In these circumstances, employees on developmental rotational assignments would not be eligible for a temporary promotion.
19.3 Return from Detail or Rotational Assignment
The NRC will inform the employee returning from a detail or rotational assignment of any changes in work requirements of the position from which the person was detailed or assigned.
Employees will receive an evaluation of their performance on a detail or rotational assignment in accordance with Article 25.14
19.4 Work Assignments During a Detail or Rotational Assignment
Employees on a detail or rotational assignment to or from a bargaining unit position will be relieved of responsibility for work of the position from which they were detailed or assigned to the extent practicable and consistent with the extent of the duties of the detail. The employee will prepare a written description of the work on which he/she has been engaged in prior to the detail or rotational assignment, specifically identifying actions which require attention if responsibilities for such work will be assigned to another employee.
19.5 Notice
If a unit employee is detailed for any reason, or participates in a rotational assignment, he/she must be provided notice as soon as practicable of the detail or rotational assignment which, at a minimum, informs the employee of the new organization, supervisor, and length of any detail or rotational assignment. An employee will be informed of any determination to extend a detail or rotational assignment as soon as possible, with the revised ending date. Upon request by the employee, the notice shall be in writing. In addition, for a detail which extends beyond 30 calendar days, an official personnel action will be prepared by the Office of Human Resources and given to the employee as soon as practicable.
19.6 Workstation Changes
For details or rotational assignments of less than 90 calendar days, an employee will not normally be required to give up his or her assigned workspace, although the employee may be required to work at a different location or workspace. When an employee is required to work at a new location, Article 35, Moves and Office Work Space Changes, will be followed as applicable.
19.7 Rotational Assignment Program
19.7.1. Introduction
It is the policy of NRC to broaden staff capabilities through the use of rotational assignments. Rotational assignments are generally short term lateral assignments of employees to other functions and components within the Agency. The purpose of rotational assignments is to develop greater overall capability and versatility within the staff in order to better accomplish the mission of the agency. Such assignments are designed to develop employee skills, foster a greater understanding of NRC programs, develop greater cohesion and cooperation among the staff, and provide employees with broader experiences and new challenges.
Although rotational assignments directly benefit participating employees, it should be emphasized that the operating needs of NRC and its organizational components are of paramount concern when effecting rotational assignments. For this reason, final approval of a rotational assignment requires the concurrence of appropriate managers in the office to which the employee is permanently assigned. Although no NRC employee is entitled to a rotational assignment, managers and supervisors should fully utilize the rotational assignment process in order to develop staff knowledge, skills, and abilities.
All NRC Offices and Regions can participate in the rotational process. All NRC employees can participate in rotational assignments, except for employees serving under temporary appointments. An employee may be rotated to a vacant position or to an unclassified set of duties. No vacancy announcement or vacant position is required for a rotational assignment to be developed. The normal duration of a rotational assignment is 3 to 6 months.
19.7.2. Participating in the Rotational Process
Consideration for a rotational assignment can develop in several ways:
19.7.2.1 Employees may indicate their interest by contacting their servicing Human Resources Specialist and providing a completed Rotational Assignment Application (NRC Form 711). Employees should discuss their interest with their supervisors and, as appropriate, include such interests in their Individual Development Plans.
19.7.2.2 With the current supervisor's approval, an employee may also identify and discuss a potential rotational assignment directly with a management official of another organization.
19.7.2.3 Supervisors may identify employees believed well suited for rotational assignments to or from their organizations.
Appropriate supervisory approval is needed for consideration for all rotational assignments.
19.7.3 Identifying Rotational Assignments
19.7.3.1 Supervisors or managers having rotational opportunities may submit a Rotational Assignment Opportunity Notice to the appropriate Human Resources or Regional personnel Office representatives. The notice should describe the assignment, qualifications desired, length of rotation, etc.
19.7.3.2 The Office of Human Resources and the Chief, Human Resources Services and Operations, along with Human Resources Service Center and Regional Personnel Office representatives, will compare rotational opportunities with employees' Rotational Assignment Applications. The Applications which potentially match rotational opportunities will be forwarded to the Office(s) or Region(s) in which the opportunities are available. Offices and Regions will follow up with supervisors and employees as appropriate. An agreement between the losing and gaining organizations must be reached before the employee is notified that a rotational assignment will be effected.
19.7.3.3 At their discretion, supervisors may interview employees interested in a rotational assignment when ready to fill the rotational opportunity. Telephone interviews are acceptable. There is no requirement for any or all interested employees to be interviewed.
19.7.3.4 The Office of Human Resources, Chief, Human Resources Service and Operations, will routinely provide copies of Rotational Assignment Applications to Offices and Regions for their consideration in developing rotational opportunities.
19.7.4 Implementing Rotational Assignments
19.7.4.1 Agency travel and per diem regulations apply to employees participating in rotational assignments away from their regular duty station.
19.7.4.2 Employees who have any questions or want further information concerning rotational assignments should contact their Human Resources Service Center or Regional Personnel Office representatives.
19.7.4.3 An employee seeking a rotational assignment may request that his or her supervisor post an opportunity for a replacement while they participate on a rotational assignment elsewhere.
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Article 20 Reassignments
20.1 Definition
For the purposes of this Article, reassignment means the change of an employee from one position or work location to another position or work location for an indefinite period without promotion, demotion or detail.
20.2 Reassignment Action
When NRC determines that the interest of the NRC will be served by the reassignment of an employee due to staff imbalance, workload fluctuation, new programs or locations, special projects, or for other legitimate reasons, that action may be effected. When a reassignment is made, to the extent practicable, consideration will be given to the needs and circumstances of individual employees, including, but not limited to, health problems, family situation and career aspirations.
Reassignments may be made by NRC for deficiencies in an employee's work performance or conduct which may be corrected or minimized in a different work location or position. The employee will be notified of the basis for such a reassignment, which may be challenged through the negotiated grievance procedure.
20.3 Involuntary Reassignment
The NRC agrees to give the employee who is involuntarily reassigned a minimum of 10 workdays advance notice unless prevented from doing so by unusual circumstances or emergency conditions.
20.4 Change in Duty Station
If the reassignment involves a change in duty station, the NRC agrees to give the employee a reasonable amount of time to accomplish the change in duty station subject to applicable laws and Government-wide regulations.
20.5 Notice of Mobility
Certain unit positions (e.g. resident inspector positions) are filled with the understanding that the employee selected to fill the position will routinely be reassigned to another position in the NRC at the end of a given tour of duty (typically seven years for resident inspectors). A resident inspector may request that the Agency consider extending the typical seven year assignment. The NRC agrees to post vacancies for resident inspector positions with a nationwide area of consideration, and will include a notice indicating that selectees for such positions will be reassigned to other posts-of-duty at the end of their tour of duty. Failure to indicate the limited tour will not preclude the Agency from directing the reassignment.
20.6 Non-applicability
The procedures delineated in this Article are the comprehensive and exclusive procedures regarding reassignments which are not the result of a change in the organizational structure. If a reorganization or move is involved, Article 35 will be followed, as applicable.
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Article 21 Position Descriptions
21.1 Applicability
The classification of a position involves the determination of the appropriate grade, occupational series, and title. Position descriptions for employees will contain a statement of function and will describe the regular duties of the position with reasonable accuracy and in accordance with NRC Management Directive 10.37, Benchmarking, and in sufficient detail so as to permit proper classification of the position. However, policies, practices and matters relating to the classification of any position are not conditions of employment as defined by 5 U.S.C., Section 7103(a)(14). Therefore, they are outside the scope of collective bargaining and they are not covered by this Agreement.
21.2 Recommendations and Classification Appeals
21.2.1 Union Recommendations
The Union may make recommendations and present supporting evidence concerning the adequacy and equity of position descriptions or position classification standards.
21.2.2 Employee Requests for Review
If an employee believes that his or her position description (PD) is not accurate, he/she may request management to review the PD. Management will advise the employee of the results of that review as soon as practicable.
If an employee believes that his/her classification is not accurate, he/she may request a review in accordance with Management Directive 10.37. To the extent available, the Agency will provide the employee with copies of the position analysis, benchmarks and applicable classification standards prior to any desk audit. The NRC will not remove duties from an employee's position description for the purpose of interfering with any position classification appeal. However, the NRC's right to assign work shall be unabridged by the provisions of this section.
21.3 Change Notification
The NRC agrees to inform the Union as soon as practicable when significant changes will be made in the duties and responsibilities of a position held by an employee, and will comply with any bargaining obligations consistent with the requirements of Article 42, Mid-term Bargaining. The NRC also agrees to provide the Union with any new or changed position descriptions or agency position classification standards.
The NRC will continue to provide each employee with a copy of his/her position description, including any modifications to the position description. All pen and ink changes to the position description should be signed and dated by those authorized to make those changes. New or revised position descriptions will be provided to employees and to the Union within five workdays of the effective date of the action.
21.4 Other Duties
When the term "such other duties as assigned" or its equivalent is used in an employee's position description, the term means--
21.4.1 duties that are normally related to the position,
21.4.2 duties that are of an incidental nature,
21.4.3 other duties when work to perform the duties described in the position description is not available, or
21.4.4 duties required by unforeseen workload demands.
21.5 Assignments Outside Position Descriptions
Nothing in this Article shall preclude the NRC from assigning work to an employee which is not described in the employee's position description. However, the employee may raise a lack of adequate training as a defense to any alleged failure to adequately perform such work. The Union will be notified of any significant changes in job duties or responsibilities in accordance with 21.3, above.
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Article 22 Performance Awards
22.1 Availability
There is no entitlement to a performance award or other type of incentive award. The NRC has determined that it will distribute an amount equal to at least 1.6% of the Agency salary budget to bargaining unit employees as performance awards.
22.2 Implementation
The NRC has determined that it will implement its awards program in a fair and equitable manner. All performance awards amounts within each Office (either as a percentage of each employee's salary or as fixed dollar amounts) will be tied directly to employee annual performance ratings. An employee whose appraisal and rating is delayed will receive the appropriate award amount when the rating is issued. For employees whose employment with the Agency does not cover the entire annual rating period, awards will be calculated on a pro rata basis.
22.3 Data Provided to NTEU
On an annual basis, no later than 120 calendar days after the end of the rating period, the NRC shall provide NTEU with an electronic spreadsheet for each Office of the following bargaining unit data, excluding employee names:
22.3.1 A list showing, for each employee, his/her grade, performance evaluation score, summary rating for annual rating of record, performance award amount (where applicable), and explanation of any reasons for anomalies;
22.3.2 Data on the distribution of awards by race/national origin, showing, for each employee, race/national origin, summary rating for annual rating of record, award type (if any), award amount (where applicable) and grade;
22.3.3 Data on the distribution of awards by gender, showing, for each employee, gender, summary rating for annual rating of record, award type (if any), award amount (where applicable) and grade;
22.3.4 Data on the distribution of awards by age, showing, for each employee, age, summary rating for annual rating of record, award type (if any), award amount (where applicable) and grade;
22.3.5 Data on the distribution of awards by disability, showing, for each employee, disability status, summary rating for annual rating of record, award type (if any), award amount (where applicable) and grade;
22.3.6 If the report for a particular office under 22.3.2 - 22.3.5 produces a grouping of ten or fewer employees in a specific demographic category, that data will be provided at the Agency level.
22.4 Other Awards
The receipt of a Special Act or Service Award, or group award, does not preclude an employee from receiving a performance award.
22.5 Nomination by Employees
Any employee may recommend another bargaining unit employee for an award. Such a recommendation must be in writing, be signed or e-mailed, and stipulate the basis for the award. Employees are not permitted to nominate themselves.
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Article 23 Suggestion Awards
23.1 Employee Notification
The NRC, in NRC Management Directive 10.72, Incentive Awards, has established a program through which employees can submit suggestions concerning the improvement of the NRC's operations. If the NRC does not adopt a suggestion, the employee shall be so advised promptly on receipt of advice from the evaluator in terms of reasons for nonacceptance. Promptly upon receipt of notice from an appropriate evaluator that a suggestion has been adopted, HR shall call or otherwise notify both the suggester and the suggester's supervisor of the action and the amount of the cash award, if any.
23.2 Award Consideration
An employee is eligible and entitled to consideration for an award if the NRC adopts his/her suggestion in whole or in part, or in modified form within two years after an initial decision not to adopt the suggestion was made by the responsible official. The case may be reopened for award consideration by either the employee, the NRC, or an awards official.
23.3 Award Determination
If NRC adopts an employee's suggestion pursuant to NRC Management Directive 10.72, a cash payment will be awarded. The amount shall be determined in accordance with an assessment of the tangible and/or intangible benefits to the Agency of the adopted suggestion. When, in an exceptional case, an award would total more than any limit which NRC is authorized to pay, the NRC will seek appropriate approval to make an award in excess of the limit.
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Article 24 Within-Grade Increases
24.1 Within-Grade Increases
An employee paid at less than step 10 of the grade of his/her position shall be advanced in pay to the next higher step of that grade upon meeting the following requirements:
24.1.1 the employee must have completed the applicable period of creditable service as shown in Section 24.3;
24.1.2 the employee must not have received an equivalent increase during the applicable period; and
24.1.3 the employee's performance must be at an acceptable level of competence.
An acceptable level of competence is a level of performance at or above "Fully Successful" by an employee of the duties and responsibilities of his/her assigned position during the applicable period of creditable service and includes a determination of satisfactory conduct during such period.
24.2 Relationship to Conduct
A within-grade increase may be denied based on misconduct within the year preceding the eligibility date of a within-grade increase which results in a suspension when the employee's misconduct affects his or her qualifications or ability to successfully perform the duties of the position. The notice of proposed disciplinary or adverse action based on such misconduct must notify the employee that the misconduct may result in denial of the employee's next scheduled within-grade increase. If information becomes available to the supervisor from an ongoing investigation that an employee may be guilty of misconduct which may warrant at least a suspension, the within-grade increase may be delayed pending the outcome of that investigation.
24.3 Waiting Period
For full-time or part-time GG employees with a prearranged regularly scheduled tour-of-duty, completion of the following number of scheduled workweeks of creditable service since the effective date of the last increase, shall be required for advancement to the step rate specified:
24.3.1 To advance to Steps 2, 3, or 4 in any pay grade, the employee must have worked 52 workweeks of creditable service.
24.3.2 To advance to Steps 5, 6, or 7 in any pay grade, the employee must have worked 104 workweeks of creditable service.
24.3.3 To advance to Steps 8, 9, or 10 in any pay grade, the employee must have worked 156 workweeks of creditable service.
24.4 Performance Feedback
At least 60 calendar days prior to the date that an employee's period of creditable service ends, the employee's supervisor will review the employee's performance and, if the supervisor determines that the employee's performance is below fully successful and therefore does not meet an acceptable level of competence, the employee will be immediately notified and counseled, as required under Article 25.9 Such counseling will provide specific advice as to how the employee can improve his/her performance to an acceptable level of competence and a statement that the within-grade increase will be denied unless the employee's performance improves to an acceptable level of competence.
24.5 Final Determination
At the end of the employee's required period of creditable service, management shall make a determination as to whether the employee's performance has been at an acceptable level of competence. In making that determination, management shall base the determination on the essential requirements of the employee's position and on the employee's performance during the required period of creditable service. If the employee's performance has been at the acceptable level of competence and can reasonably be expected to continue at that level, management will approve the employee's within-grade increase no later than 5 workdays after the end of the period of creditable service. If the employee's performance is not at an acceptable level of competence, management will so notify the employee in writing no later than 5 workdays after the end of the period of creditable service. Such notification shall include:
24.5.1 a statement that the within-grade increase is denied and the effective date;
24.5.2 a statement of the reasons for the denial;
24.5.3 a statement that the employee has the right to grieve the denial and to whom the grievance should be addressed (normally that person will be the Step B official in the grievance process);
24.5.4 a statement that failure to improve to the fully successful level will result in continued within-grade denial;
24.5.5 if the within-grade denial is based on unacceptable performance rather than minimally successful performance, a statement that failure to improve performance to the minimally successful level will be cause for the NRC to effect the employee's removal, demotion, or reassignment in accordance with Article 25, Performance Appraisal System;
24.5.6 a statement that if the supervisor will review the employee's performance on a regular basis (at least quarterly), and if he/she determines that the employee is performing at an acceptable level of competence, the within-grade increase can be approved at any time; and
24.5.7 a statement that in any event, a new determination will be made no later than 52 weeks after the date of the original determination.
24.6 Effective Date of a Within-Grade Increase
When an employee's performance is determined to be at an acceptable level of competence before the expiration of the prescribed period of creditable service, the effective date of the within-grade increase will be the first day of the first full pay period following the completion of the period of creditable service. When a within-grade increase is delayed beyond the proper effective date through administrative error, unintentional delay or oversight, or based on an investigation which does not result in a suspension of the employee, it shall take effect retroactively as of the date it was otherwise due. Failure to meet the advance notice requirement under 24.4 will not constitute grounds for granting a within-grade increase which would otherwise have been denied.
24.5 Effective Date of Improved Performance
When an employee's performance is determined to be at an acceptable level of competence, following an earlier negative final determination, the effective date of the within-grade increase will be the first day of the first full pay period following the new determination.
24.6 Burden of Proof
In any grievance arising under this Article, the NRC shall bear both the initial burden of going forward and the ultimate burden of proving by substantial evidence that the aggrieved employee was not performing at an acceptable level of competence.
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Article 25 Performance Appraisal System
25.1 Contract Precedence
Performance appraisals for bargaining unit employees will be done in accordance with NRC management directives except as provided below. Wherever the terms of this contract and a management directive conflict, the contract takes precedence.
25.2 Changes to Elements and Standards
The NRC will notify employees of changes to elements and standards in their present positions at least 10 workdays prior to implementation. At the request of any employee a meeting will be held between the employee and his/her supervisor to discuss the elements and standards and to allow the employee to comment and make recommendations concerning them. The employee may also provide comments and recommendations within the ten workdays of such notification without a meeting. The employee may, if he/she desires, seek advice and guidance from NTEU during the time frame concerning these changes. The supervisor will provide the employee with feedback as to his/her comments and/or recommendations.
25.3 Management Responsibilities
The law provides that it is the right and responsibility of management to determine the number of rating levels and final performance elements and standards, subject to the Union's right to negotiate over the impact and implementation of management's determination of these matters.
25.4 Receipt of Elements and Standards
A copy of the final version of the elements and standards will be provided to the employee. The new elements and standards become effective upon receipt by the employee. The employee should sign the NRC Form-412 which acknowledges only receipt of the performance plan and that the opportunity to provide comments has been provided. If an employee declines to sign the NRC Form-412, the supervisor will annotate the employee's refusal to sign the Form-412 on the line designated for the employee's signature. In no event may the implementation of elements and standards be made retroactive without the written consent of the employee.
25.5 Appraisal Period
Annual ratings will be based on performance during the rating period, which runs from October 1 through September 30. All bargaining unit employees who have worked under a set of critical elements and performance standards for 120 calendar days or more will receive a written appraisal of performance (rating of record) by October 31 each year for the rating period just completed. For employees who do not work under at least one set of critical elements and standards for at least 120 days by the end of the rating period (September 30), the rating period will be extended until 120 days have been completed, at which time the rating will be prepared (with the subsequent rating period being less than 12 months). This Article will apply to trial period employees except nothing in this Article will supersede Article 48 of the Agreement or waive any rights trial period employees have under Chapter 43 of 5 U.S.C.
Employees who serve in a position for 120 days or more and who are transferred to a new position with different critical elements and standards will receive a close-out appraisal and interim rating based on their performance in the vacated position. When a supervisor departs 120 days or more into the rating period, that supervisor will provide written feedback on the employee's performance at that time, a copy of which will be given to the employee. Close-out appraisals, interim ratings and feedback from departing supervisors will be given appropriate weight when determining the employee's 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 becomes the rating of record.
25.6 Notice of Delay
If the rating period is delayed beyond 10 workdays of the annual due date (October 31), management will inform the employee when the rating of record might be expected. Such date will be as soon as practicable.
25.7 Supporting Individual Element Ratings
In addition to indicating the rating, the supervisor shall write a brief narrative for each critical element, rating performance against the written Fully Successful standard. 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.
25.8 Grievances
Should an employee disagree with the rating of record, he/she has the right to file a grievance pursuant to Article 46.
The parties agree that when any element and standard is alleged to be inconsistent with the NRC's regulations as well as any government-wide rule or regulation, such elements and standards may be grieved.
25.9 Progress Reviews
Each bargaining unit employee shall be given a progress review mid-way through the appraisal period (generally in March, but no later than April 30) if they have served under a performance plan for 120 days by that time. During the progress review, the employee and his/her supervisor shall discuss the employee's performance. No summary rating calculations are required. An employee whose performance in any element is believed by the supervisor to be below the fully successful level at any time during the rating period shall receive a counseling memo specifying 1) the area(s) in which his/her performance is deficient; 2) recommendations as to how his/her performance can be improved. In addition, all employees should be given feedback at other times during the year, especially if their performance deteriorates significantly.
The employee should sign the NRC Form-412 which acknowledges only that the Progress Review has occurred. If an employee declines to sign the NRC Form-412, the supervisor will annotate the employee's refusal to sign the Form-412 on the line designated for the employee's signature.
25.10 Performance Improvement Requirements Memorandum (PIRM)
When an employee's performance is deemed unacceptable, management shall assist the employee. Such assistance may include formal training, on-the-job training, counseling, and/or closer supervision as appropriate. The employee shall be given a reasonable opportunity to demonstrate required level of performance (currently minimally successful) or higher.
Prior to taking a performance-related action under Section 25.11 of this Article, employees whose performance is unacceptable will be given a performance improvement period of not less than 60 calendar days to bring their performance up to at least the Minimally Successful level. Performance improvement periods will be extended beyond the initial period if circumstances so warrant, as determined by management. Management shall prepare a Performance Improvement Requirements Memorandum (PIRM) which:
25.10.1 identifies the critical element(s) for which employee's performance is unacceptable;
25.10.2 details the way in which the employee's performance is not meeting the standard for the critical element(s);
25.10.3 communicates new performance standards at the required level of performance (currently Minimally Successful) for critical elements in which performance has been deemed to be unacceptable. These standards shall be reviewed, approved, and documented on the employee's performance plan as an addendum to the performance plan;
25.10.4 describes how management (normally the supervisor) will assist the employee to improve performance;
25.10.5 informs the employee of the time frame allowed to bring his/her performance up to at least the required level of performance (currently Minimally Successful);
25.10.6 states that failure to improve performance to the Fully Successful level will result in denial of within grade increase; and failure to improve to at least the required level of performance (currently Minimally Successful), and sustain that level for 1 year from commencement of the PIRM, may result in initiating an action to reassign, reduce the grade level of the employee, or remove the employee.
The employee will be given the original and a copy of the PIRM notice, one of which may be given to the employee's NTEU representative, if any, who may be present for the presentation of the PIRM. An employee may not grieve the Agency's decision to place an employee on a PIRM, but may grieve or file an appeal over any Agency action upon completion of the PIRM, as provided in 25.11 -13, below.
Within 30 days after completion of the PIRM period, the agency will advise the employee of the status of the PIRM. Failure to provide such status, however, will not preclude the agency from taking any action it deems appropriate based on the PIRM.
If the employee successfully completes the PIRM, he/she should receive a written notice of that decision as soon as practicable after completion of the PIRM period. This notice should also advise the employee that failure to sustain at least the required level of performance (currently Minimally Successful) for one year after the commencement of the PIRM may result in an action to reassign, reduce in grade, or remove the employee from the Federal service.
If, because of performance improvement to at least the required level of performance (currently Minimally Successful) by the employee during the notice period, the employee is not reduced in grade or removed, and the employee's performance continues to be acceptable for 1 year from the date of the advance written notice, any entry or other notation of the unacceptable performance shall be removed from all NRC records relating to the employee, notwithstanding other retention schedules for performance appraisals.
25.11 Proposed Performance-Related Actions
Subject to the applicable provision of this Agreement, OPM regulations and 5 U.S.C. Section 4303, the NRC may reduce in grade or remove an employee for unacceptable performance. When taking such action, the NRC will do so in accordance with the following procedure. An employee whose reduction in grade or removal is proposed under this section is entitled to at least 30 calendar days advance written notice of the proposed action which:
25.11.1 identifies specific instances of unacceptable performance by the employee on which the proposed action is based;
25.11.2 specifies the critical element(s) of the employee's position involved in each instance of unacceptable performance;
25.11.3 informs the employee of the right to representation by an attorney or other representative;
25.11.4 provides, by attachment, copies of all documents relied upon by management in proposing the action.
The employee shall be provided a reasonable time frame (not less than 7 workdays) in which to answer orally and/or in writing, and the employee shall be provided with a reasonable amount of official time within such period to prepare an oral and/or written reply.
The oral and/or written reply will be received by an official designated by the NRC in the proposal notice.
The NRC shall prepare a verbatim transcript of the oral reply. A copy shall be provided to the employee's representative at the same time that it is provided to the deciding official.
25.12 Final Decision
The decision letter shall be issued within 30 calendar days after the expiration of the notice period. The decision shall inform the employee of his/her appeal rights. If the decision involves a reduction in grade or removal, it shall address which instances of unacceptable performance if any, have been rejected and which, if any, have been sustained and are being relied upon to support the action. It shall also describe the appeal rights of the employee and indicate the effective date of the decision.
Unless proposed by the head of the Agency, the decision must be concurred in by a higher level manager in the organization than the one who proposed the action.
25.13 Appeal
A non-preference eligible employee against whom a removal or downgrade decision has been issued under the terms of this Article, who has two years of creditable service, may appeal the decision to the Merit Systems Protection Board, when appropriate, or, alternatively, may appeal (with the consent of the Union) pursuant to Article 47, "Arbitration Procedures" or any other provision available under law.
A preference eligible employee against whom a removal or downgrade decision has been issued under the terms of this Article, who has one year of creditable service, may appeal the decision to the Merit Systems Protection Board, when appropriate, or, alternatively, may appeal (with the consent of the Union) pursuant to Article 47, "Arbitration Procedures" or any other procedure available under law.
25.14 Details and Rotational Assignments
Employees detailed or serving on a rotational assignment for more than 120 days shall be entitled to a fair and objective evaluation of their performance while on the detail or rotational assignment. Such evaluation shall be completed by the appropriate supervisor and will be received by the employee within 30 days after the end of the detail or rotational assignment. The evaluation will be given appropriate weight when providing the employee his/her rating of record.
25.15 Self-Assessment
During the final 30 days of an employee's annual appraisal period (normally September), the employee may prepare a brief self-assessment to submit for their supervisor's consideration. Employees will be allowed a reasonable amount of duty time to prepare such an assessment.
25.16 Receipt of Appraisal and Comment Period
Each employee will be provided an appraisal and rating. Employees will be allowed five workdays after receipt of their appraisal to review, comment, sign and return their appraisal to their supervisor. Signature on NRC Form-412 acknowledges receipt of the appraisal, and not acceptance or agreement with the appraisal or rating. Any employee comments submitted will become part of the appraisal. Exceptions to this time frame may be granted by the supervisor on a case by case basis. Exceptions may be based on, but not necessarily limited to, an employee's being in a travel status or on approved leave. If an employee declines to sign the NRC Form-412, the supervisor will annotate the employee's refusal to sign on Form-412 on the line designated for the employee's signature.
25.17 Appraisal Data
Annually, no later than November 30 of each year, the agency will provide the President, NTEU Chapter 208 a numerical listing (no names) of performance appraisal ratings by Office, Division, and/or Branch. If the appraisal data is not complete at this time, the Union will be advised of each office or region for which data is missing and its expected completion date, and updated data will be provided as soon as available.
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Article 26 Training and Development
26.1 Training Decisions
NRC and the Union agree that training and development of employees is a matter of significant importance. Upon prior approval and authorization by the NRC of a request for non-governmental training, the NRC will pay for such training to the extent provided in the approval document, subject to training fund availability. Such requests must be submitted in writing to the employee's immediate supervisor. The decision to approve and authorize such training or to deny the request will be based upon the following criteria, as applicable:
26.1.1 the availability of budgetary resources;
26.1.2 workload, when the employee will be in attendance at training courses during official duty hours;
26.1.3 the training will be cost-beneficial to the Agency;
26.1.4 the training will enable the employee to increase the employee's ability to perform his/her current job;
26.1.5 suitable training is not available through NRC developed courses at the time;
26.1.6 suitable programs are not being offered by other government agencies within the local area;
26.1.7 the course meets the needs of the employee and the NRC; and
26.1.8 the course is not being taken solely for the purpose of obtaining a degree.
Unless prohibited by law, one or more of the above criteria may be waived in light of the importance of the training.
26.2 Reimbursement to Agency
Employees must provide evidence of satisfactory completion of training. Employees who fail to satisfactorily complete the training by, in, or through a nongovernment facility shall reimburse the NRC for all tuition and government paid related expenses incurred by the NRC for such training.
26.3 Non-Governmental Training in Excess of 80 Hours
An employee selected for training by, in or through a nongovernment facility for a period in excess of 80 hours within a single program, shall agree in writing with the NRC before assignment to training that he/she will:
26.3.1 Continue in the service of his/her agency after the end of the training period for a period at least equal to three times the total amount of time spent in training, including associated time absent from duties described in his/her official duties, unless he/she is involuntarily separated from the service of the NRC.
For example: lf an employee participates in training or education which involves a total absence of 8 hours per day, even though the training may be more or less than 8 hours per day, the length of the service learning agreement will be calculated on the basis of three times 8 hours per working day for each such day.
26.3.2 If an employee spends time in training during non-work hours, the length of time is three times the number of hours specifically spent in training.
26.3.3 If an employee is absent from duties described in his/her position description four hours per day, three days per week, the period he/she will be required to serve will be three times 12 hours, times the number of weeks of training.
26.3.4 Pay to the NRC the amount of expenses, as defined in 5 U.S.C., Section 4109, incurred by the NRC in connection with the training if he/she is voluntarily separated from the service of the NRC before the end of the period for which he/she agreed to continue in the service of the NRC.
26.4 On-The-Job Training
When an employee is reassigned from one bargaining unit position to another bargaining unit position, NRC will provide on-the-job or such other training, as the Agency determines appropriate and necessary for the new position. The supervisor will arrange to meet with the employee to discuss any training appropriate and necessary.
26.5 Outside Information
The NRC will make available on its internal website, information concerning training opportunities or educational programs, which will include, to the extent available, the name of each vendor and the name or description of any approved outside training. Employees may also consult with their Office/Region Learning Management System Administrator regarding external training that has been approved by the Office/Region for various subject matter areas.
26.6 Training Related to Merit Selection
Merit selection procedures set forth in this Agreement shall be followed in selecting regular (excepted) and regular (excepted conditional) employees for training that is given primarily to prepare trainees for advancement and that is required for promotion.
26.7 Self-Development
Employees are encouraged to keep abreast of developments which are related to their work assignments. One means of doing this is through attendance at meetings and conventions concerned with the functions or activities for which NRC appropriations are made or which contribute to improved conduct, supervision or management of such functions and activities. Unless a specific employees' attendance is required, the NRC shall grant permission for employees to attend such functions in a fair and equitable manner.
26.8 Conference Consideration
When an Office or Region determines that it is in the Agency's best interest to have employee attendance at a conference or convention, NRC agrees that unless management determines that a specific employee(s) attendance is necessary as an assignment of work, those employees who have been denied an opportunity for attending such sessions and express an interest in attending previously should receive first consideration for approval to attend later sessions.
26.9 Individual Development Plan (IDP)
At the time a supervisor meets with an employee to discuss his/her rating of record at the request of the employee, he/she shall reserve time for each employee for the purpose of mutually developing and/or modifying an Individual Development Plan (IDP) in accordance with NRC Management Directive 10.77, Employee Development and Training.
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Article 27 Pay and Benefits
27.1 Pay System
Should the NRC propose any changes to its existing pay system, it shall notify the union and negotiate to the extent required by law and in accordance with the terms of Article 42, Mid-term Bargaining.
27.2 Public Transit Subsidy
Subject to budgetary constraints, the Agency will reimburse employees for costs of using public transportation for home-to-work travel through a Public Transit Subsidy Program to the maximum amount permissible by law or IRS regulations. The Agency will provide the Union with at least 14 days advance notice if budgetary constraints will prevent payment of the maximum allowable subsidy, and provide an explanation of the reasons.
27.3 Pre-tax Parking
The Agency will, as soon as practicable, establish a program to permit all employees to pay for NRC provided parking with pre-tax dollars, subject to IRS requirements. The Parties will establish a sub-committee of the Agency Labor-Management Relations Partnership Committee to explore the feasibility of extending this benefit to employees who park at locations not provided by NRC.
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Article 28 Overtime Assignments and Compensation
28.1 Performance of Overtime Work
NRC may order the performance of overtime work. However, consideration shall be given to the effect of such additional work on the health and efficiency of the employee. Overtime will be compensated in accordance with applicable laws and regulations.
28.2 Exempt or Nonexempt Employees
In order to inform employees that they are exempt or nonexempt from the Fair Labor Standards Act, the NRC will make an appropriate entry on each SF-50 which effects a position change for an employee.
28.3 Distribution of Overtime
Unless NRC determines that a specific employee(s) is required to perform an overtime assignment, NRC agrees to distribute overtime based on seniority from among qualified employees. In situations where there are volunteers, NRC agrees to assign the most senior employee(s). In those cases where there are no volunteers, NRC agrees to use reverse seniority.
28.4 Notification of Involuntary Overtime
The NRC will, when practicable, notify an employee at least 1 full workday in advance of the scheduling of an involuntary overtime assignment. When an employee has been ordered to work overtime because there are no qualified volunteers, he/she may be relieved of the assignment if he/she can find a replacement, subject to the approval of the supervisor where the work is to be performed. In such cases where the replacement comes from another organizational segment, the replacement's supervisor must also concur. When ordering involuntary overtime, the NRC will consider significant personal hardships whenever possible and assist in finding a qualified replacement.
28.5 Overtime Performed by Nonexempt Employees
Nonexempt employees should use NRC Form 145, entitled "Request and Authorization for Irregular or Occasional Overtime," to request advance approval for irregular or occasional overtime. When it is impractical to process NRC Form-145, in advance of overtime work, oral prior approval may be given and NRC Form-145 shall be used to confirm the authorization. Any work or duty performed by nonexempt employees outside their scheduled work hours for the benefit of NRC, whether requested or not, is to be considered as time worked if the responsible supervisor knows or has reason to believe it is being performed and has the opportunity to prevent the work from being performed.
28.6 Overtime Performed by Exempt Employees
Exempt employees should use NRC Form 145, entitled "Request and Authorization for Irregular or Occasional Overtime," to request advance approval for irregular or occasional overtime. When it is impractical to process NRC Form-145, in advance of overtime work, oral prior approval may be given and NRC Form-145 shall be used to confirm the authorization.
To the extent permitted by law and regulation, irregular or occasional overtime work by exempt employees will constitute entitlement of overtime pay or compensatory time off if the work was officially ordered or approved. Overtime work is normally ordered and approved in advance, but may be approved after the fact at the approving official's discretion.
28.7 Voluntary Overtime
Employees are not encouraged or expected to work additional hours that are not ordered or approved and for which they may not receive compensation. 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.
28.8 Call-Back Overtime
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.
28.9 Work Performed at Home or at Non-Work Locations Outside Scheduled Duty Hours
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.
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Article 29 Compensatory Time
29.1 Availability
Compensatory time off instead of payment for an equal amount of time spent in irregular or occasional overtime work shall be available to employees to the extent provided by applicable laws and regulations. Employees on flexible work schedules may also request compensatory time for regularly scheduled overtime work. In situations where the NRC has discretion to grant either compensatory time off or overtime pay, the NRC has determined that the employee shall be allowed to select his/her preferred method of compensation.
29.2 Compensatory Time Increments
Premium pay work will be directed or authorized and paid for normally in increments of no greater than 15 minutes and in accordance with government regulations. Compensatory time shall be earned at the rate of one unit of compensatory time for each unit of covered work. All fractional periods of time worked will be aggregated on a workweek basis, and any remaining irregular, unscheduled overtime work which does not satisfy the full fractions established will be rounded up or down to the nearest increment.
29.3 Request to Use Compensatory Time
Once compensatory time has been earned, employees must request to use it within the 26 pay periods from when it was earned, except that compensatory time credited to employees as of May 14, 2007 must be used by the end of the pay period ending three years after that date. Requests to use compensatory time-off shall be made in writing. A request for use of earned compensatory time will be considered in the same manner as a request for use of annual leave (Article 10). Employees will be paid for any compensatory time not used within the required period.
If compensatory time earned accumulates to a total of 40 hours at any one time, all overtime hours worked over the 40 hours will be paid at the applicable overtime rate until the accumulated total of compensatory time earned is decreased below 40 hours. Nothing in this Article shall preclude Office Directors and Regional Administrators from declaring, during a certain period of time, that compensatory time may not be used due to emergencies, workload considerations, or other exigent circumstances.
29.4 Compensatory Time for Religious Observances
29.4.1 Employees (including those paid at the statutory maximum) are permitted to work compensatory overtime for the purpose of taking time off for religious observances. Such overtime may be worked before or after the compensatory time off.
29.4.2 To the extent that a modification in work schedule does not interfere with the timely and efficient accomplishment of the Agency's mission, the Agency shall in each instance afford an employee the opportunity to work compensatory overtime and shall in each instance grant compensatory time off to an employee requesting such time off for religious observances when the employee's personal religious beliefs require that he/she abstain from work at certain times of the workday or workweek. 29.4.3 Employees must submit a written request for religious compensatory time in advance. Employees shall specifically state that their request is for religious compensatory time, and they may be requested to provide acceptable documentation of the need to abstain from work. When deciding whether an employee's request for religious compensatory time should be approved, the Agency must not make any judgment about the employee's religious beliefs or his/her affiliation with a religious organization.
29.4.4 An employee will be allowed to accumulate only the number of hours of compensatory time needed to make up for previous or anticipated absences from work for religious observances.
29.4.5 If an employee is absent when he/she is scheduled to perform work to make up for a planned absence for a religious observance, the employee must reschedule the required make-up work. Make-up work will normally be performed within 2 pay periods of the absence for a religious observance. Otherwise, he or she must take paid leave, request leave without pay, use earned credit hours if appropriate, or be charged absent without leave if approved leave is not permitted.
29.4.6 Compensatory time worked does not create any entitlement to premium pay (including overtime pay). If an employee is separated or transferred before using the time set aside for religious observances, any hours not used must be paid at the employee's rate of basic pay in effect when the extra hours of work were performed.
29.4.7 Only Office Directors and Regional Administrators may make the determination that an employee will be denied compensatory time for religious observances. Such a denial must meet the criterion that such time off would interfere with the efficient accomplishment of the agency's mission.
29.5 Compensatory Time for Travel
Employees may earn compensatory time for time spent in travel outside scheduled duty hours when the employee is not otherwise eligible for compensation for such time, in accordance with law, rule and regulation and the NRC's policies, as negotiated with NTEU.
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Article 30 Overpayments to Employees
30.1 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.
30.2 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.
30.3 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.
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Article 31 Employee Assistance Program
31.1 Implementation
The NRC agrees to have an Employee Assistance Program (EAP) for those employees experiencing alcoholism, drug abuse, financial, emotional or other personal problems which adversely affect job performance. NRC will distribute information periodically which will explain the existence and benefit of this program.
31.2 NTEU Orientation
Upon request, NRC will arrange appropriate orientation for all Chapter 208 officers and stewards on NRC's Employee Assistance Program.
31.3 Referrals
The NRC will refer an employee with conduct or performance issues to counseling when it is apparent that the employee might benefit from the NRC EAP. Employee participation in the EAP is voluntary. It is understood that employees undergoing a prescribed program of treatment will be granted sick leave for treatment on the same basis that sick leave is granted for other illnesses.
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Article 32 Temporary Assignment of Other Duties
32.1 Reasonable Efforts to Assign Other Duties
The NRC will make reasonable efforts to assign other duties to an employee who, for physical or mental reasons, is temporarily unable to perform his/her regularly assigned duties provided such assignment is in the interest of the Agency, and:
32.1.1 The employee is qualified for the duties;
32.1.2 The employee is physically and mentally capable of performing the duties; and
32.1.3 the duties are available.
When requesting such other duties, an employee must provide a medical certificate stating the nature of the impairment, its anticipated length, and the types of duties the employee should not perform.
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Article 33 Retirement and Resignation
33.1 Retirement Planning
NRC agrees that covered employees shall be given an opportunity to voluntarily participate in a retirement planning program. Priority shall be given to employees who are within 5 years of retirement eligibility. This program, whether established by the NRC or contracted for through another agency may include the following subjects: counseling on tax issues related to retirement, discussions on health problems related to retirement, explanation of social security benefits, explanation of federal health care benefits, as well as any other public health care programs, aspects of senior citizenship, such as wills and estates, and explanations of Federal life insurance benefits as well as life insurance problems associated with the transition between a work and a leisure environment.
33.2 Retirement Information Upon Separation
Each employee who retires will be given an OPM retirement brochure. Upon request, each employee who separates voluntarily or involuntarily (except by retirement) will be informed by the NRC as to his/her rights to file for disability retirement, the possibility of applying for a discontinued service annuity and eligibility for deferred annuity at age 62.
33.3 Withdrawal of a Resignation/Retirement Application
An employee may withdraw a resignation or an application for retirement before its effective date provided the withdrawal is communicated in writing to the employee's supervisor. In accordance with the OPM Retirement Handbook and 5 CFR §715.202, NRC may decline a request to withdraw a resignation or an application for retirement when it has valid reason and explains that reason to the employee. NRC will notify OPM if it approves an employee's request to withdraw his or her retirement application.
33.4 Request for Annuity Information
Upon written request, any employee will be provided with a calculation of their annuity entitlement within 15 workdays of submitting the request, if practicable.
33.5 Union Notification
The NRC agrees to notify Chapter 208 within 20 workdays after the date that any bargaining unit employee terminates his/her employment.
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Article 34 Repayment of Student Loans
34.1 Policy and Provisions
To the extent the agency is authorized to do so and to the extent it allocates funds for this purpose, the agency will establish a Repayment of Student Loan Program that includes the following:
34.1.1 The student loan repayment program is to recruit or retain highly qualified professional, technical or administrative personnel.
34.1.2 The NRC can repay all or part of any outstanding federally insured student loan up to $10,000 per year per employee. The total amount per employee cannot exceed $60,000. Employees participating in the program must remain with the agency for at least three years.
34.1.3 Employees who voluntarily leave government, or who are dismissed because of misconduct or poor performance, must reimburse the agency for their loans. The NRC has the discretion to waive this repayment.
34.1.4 Consistent with applicable law and regulation, the NRC will establish a system for selecting employees to receive student loan repayments to include:
34.1.4.1 Written Determination: Loan repayments must be based on a written determination that, in the absence of offering loan repayment benefits, the agency would encounter difficulty, either in filling the position with a highly qualified candidate, or retaining a highly qualified employee in that position.
34.1.4.2 Recruitment: Each determination for recruitment purposes (including the amount to be paid) must be made before the employee actually enters on duty in the position for which he or she was recruited.
34.1.4.3 Retention: Payments authorized in order to retain an employee must be based upon a written determination that the high or unique qualifications of the employee or special need of the agency for the employee's services makes it essential to retain the employee, and that, in the absence of offering student loan repayment benefits, the employee would be likely to leave for employment outside the Federal service. This determination must be based on a written description of the extent to which the employee's departure would affect the agency's ability to carry out an activity or perform a function that is deemed essential to the agency's mission.
34.1.4.4 Selection: When selecting employees to receive loan repayment benefits, the agency must adhere to merit system principles and take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service.
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Article 35 Moves and Work Space Changes
35.1 Scope
This Article covers changes to office space and physical moves of employees, including moves resulting from reorganizations. Other aspects of any reorganization will be subject to the notice and bargaining requirements of Article 42, Mid-term Bargaining.
35.2 Work Space Assignment
35.2.1 If an office or cubicle work station becomes vacant, only those employees who would receive a significant improvement in their work space will be eligible to move into the vacant space.
35.2.2 "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.
35.2.3. Selection of vacant work space from among eligible employees will be conducted pursuant to the current procedures agreed upon by the Parties for that office. Any changes to these procedures are subject to agreement by the Parties, or if no agreement is reached, bargaining in accordance with 35.5, below.
35.2.4 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 otherwise subject to assignment to another employee under the current procedures agreed upon by the Parties.
35.3 Meetings
Whenever management holds a formal meeting with employees concerning a move or reorganization, NTEU will be provided notice and an opportunity to attend and address employees in accordance with Article 4, Union Rights and Responsibilities, Section 4.3.
35.4 Duty Time
A reasonable amount of duty 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 duty time for matters under this article is denied, an explanation for the denial shall be provided.
35.5 Union Notification and Bargaining
NRC agrees to notify the Union in writing of plans to move, and of changes in personnel policies and practices as the result of a move that is not otherwise specifically covered by the preceding sections of this Article. The NRC agrees to notify the Union of plans relocate unit employees as soon as possible, but at least 21 days in advance of the proposed date of implementation. Where appropriate, the following information will also be provided:
35.5.1 A description of the change, including any proposed floor plan; 35.5.2 An explanation of why the change is necessary; 35.5.3 An explanation of how the change will be implemented; 35.5.4 A description of adverse impact on bargaining unit employees which management anticipates; 35.5.5 A proposed date of implementation; 35.5.6 Management may provide, at its discretion, a listing of alternatives to the proposed action that were considered. 35.5.7 If the Union desires to negotiate over 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 35 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.).
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Article 36 Day Care
36.1 Day Care Facility
The NRC agrees to make a concerted effort to provide space for a day care facility in Headquarters . If the Agency proposes changes to the amount of space, it shall provide NTEU with notice and the opportunity to bargain, following the procedures set forth in Article 42 (Mid-termBargaining). In accordance with GSA regulations, NRC employees will be provided priority for slots in any day care facility in NRC space.
36.2 Day Care Subsidy
The NRC will provide childcare subsidies to employees in accordance with the parties' Memorandum of Agreement.
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Article 37 Physical Fitness Activities
37.1 Policy and Purpose
Exercise and physical fitness activity contribute positively to the overall health and well-being of NRC staff. To encourage continued and increased employee participation in physical fitness activities and expand employees' options for such activities, employees may elect, subject to supervisory pre-approval, to schedule fitness activities for a period not to exceed 90 minutes during any part of the workday. Business needs that emerge prior to or during the scheduled fitness activity will take priority, and participation in such activities must not adversely interfere with work requirements or agency operations. Both supervisors and employees must consider this when scheduling physical fitness activities.
37.2 Procedures and Guidance
37.2.1 NRC Form 689, Physical Fitness Schedule, will be used to account for the hours each day and to provide a record for the supervisor. Time taken for these activities is to be made up at the beginning and/or end of that same workday. Time added to the beginning or end of the workday may not extend the day beyond the established hours of the agency; i.e., 6:00 a.m. to 6:00 p.m. in headquarters. Employees must continue to comply with appropriate Federal time and attendance controls, and ensure that such absences from the worksite for physical fitness activities are properly recorded and reviewed by their supervisor.
37.2.2 Normal leave procedures may also be used for participation in physical fitness activities during the workday if the employee does not wish to make this time up during that same workday.
37.2.3 Engaging in a physical fitness activity under this article does not require employees to go to a fitness facility or participate in any organized program.
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Article 38 Health and Safety
38.1 Safe and Healthy Environment
NRC will provide a safe and healthy environment for employees in accordance with the standards of the Occupational Safety and Health Administration which are applicable to office building structures.
38.1.1 The NRC will establish Joint Labor-Management Occupational Safety and Health Committees to function as described in NRC Management Directive 10.130.
38.2 Reporting of Unsafe Conditions
Employees are encouraged to report any unsafe or unhealthy practice, equipment or condition which might represent a health and safety hazard to the proper officials as described in NRC Management Directive 10.130 and to the Union. The Union, if so notified, agrees to promptly relay all such complaints to the NRC. Once the NRC has been notified of a potential health or safety problem, the NRC will invite the Union to participate in meetings where bargaining unit employees are in attendance. The NRC agrees to keep the Union apprised of efforts to resolve the problem.
38.3 Employee Request for Ruling or Grievance
If an employee believes that work is being required under conditions which are unsafe or unhealthy beyond the normal hazards inherent in the operations in question, he/she may request a ruling from the NRC and/or have the right to file a grievance.
38.4 Employee Departure Due to Unsafe or Unhealthy Conditions
When there is exposure to an unsafe or unhealthy condition which requires immediate solution and it is not possible to obtain NRC concurrence beforehand, then the employee may, at his/her discretion, leave his/her duty station, so notify the NRC, and hold himself or herself available for work under appropriate working conditions. The parties recognize and agree that an employee's departure from his/her duty station without supervisory approval will occur only for unusual situations of extreme hazard. This provision does not intend to sanction insubordination or an action which would constitute a violation of 5 U.S.C. 7311 and 18 U.S.C., 1918, which prohibit strikes. The parties further recognize that the action of any employee in leaving his/her duty station based on an alleged safety or health hazard without supervisory approval will be reviewed by NRC to assure that such action was reasonable under the circumstances of the case. Any employee found to take such action without reasonable cause may be subject to disciplinary action and/or the facts of the case may be referred to the Department of Justice for prosecution under 18 U.S.C., 1918.
38.5 Annual Building Inspections
Each office building occupied by bargaining unit employees will be inspected for health and safety at least annually. More frequent inspections may be conducted in all workplaces where there is an increased risk of injury, illness, or accident due to the nature of the work performed therein. A Union representative from the Joint Committee will be given an opportunity, on official time, to accompany the NRC Safety Inspector on initial inspections and any official NRC follow-up inspections.
38.6 Posting of Evacuation Plans
In each principal office building occupied by NRC employees, there will be posted in a conspicuous location, a diagram showing the proper means of evacuating that building in the event of an emergency.
38.7 Health Services or First Aid
38.7.1 In each office building which is the official duty station of at least five employees, NRC will provide at least one first aid kit (a 16-unit kit as defined by the Red Cross) of sufficient size to permit first aid to be rendered to injured employees and designate an individual to maintain each kit. Persons designated to maintain first aid kits will be given proper training in such maintenance. The names of designated employees shall be posted in reasonable places along with the location of the first aid kits.
38.7.2 Subject to budgetary constraints, health services will be provided to employees in accordance with NRC Management Directive 10.122, Employee Health Services Program.
38.7.3 The NRC will continue its current practice of encouraging and publicizing the availability of Cardiopulmonary Resuscitation Training (CPR). The names of all employees who are trained in CPR will be communicated to all employees.
38.8 Employee Health Maintenance Exams
The NRC will attempt to provide employee health maintenance examinations, and appropriate examination for diabetes, high blood pressure, colon/rectal cancer, cancer screening for males and females, hearing and vision, tuberculin test, immunization, and allergy shots. It is understood, however, that NRC may be constrained for budgetary reasons or by space limitation.
38.9 Excused Absence to Assist Other Employees
When it is necessary for an employee to leave work and return home because of illness or incapacitation, and there is reasonable cause to believe the employee is unable to return home safely by himself or herself, the NRC will assist in locating another employee to help the sick employee return to his/her residence. The NRC will allow a reasonable amount of excused absence, without charge to leave, to the employee who assists the sick employee to return to his/her residence.
38.10 Availability of Health Plan Information
NRC shall notify employees and the Union as to where employee health plan information is available on the internet, with a link to this site.
38.11 Notice of Exposure
As soon as NRC is made aware that any employee may be exposed to any toxic or hazardous substance listed in OSHA Standard 1910.1000 in an amount or for a period of time that may exceed the ceiling value or time weighted average set forth for that substance in Standard 1910.1000, the affected employee will be notified. The notice will include any warning statements which NRC has received from the manufacturer of the substance or the organization which is responsible for the exposure.
38.12 NRC Furnished Reports
NRC will furnish to the Union a copy of all health and safety reports it is required to file with any other Federal agency, simultaneously with the filing of such reports. NRC will not, however, furnish to the Union copies of any report of motor vehicle accidents or accident giving rise to compensation claims.
38.13 Elevator Shutdown
The parties agree that any elevator in any NRC building which malfunctions to the extent that individuals have been trapped in the elevator car shall be shut down and shall not be used by employees until the elevator has been rendered operative.
38.14 Smoking Restrictions
In accordance with government-wide regulations and in recognition of the adverse health effects associated with "second hand" smoke, the NRC shall restrict smoking to designated areas outside of NRC buildings. The Parties will negotiate changes in the determination of designated areas for each NRC building in accordance with the procedures of Article 42, Mid-term Bargaining.
38.15 Safety Equipment
An employee may request that the Agency provide appropriate safety equipment, e.g., a hard hat, safety shoes, safety glasses, hearing protection, etc. If the employee's request is denied, such denial will be provided in writing and explain the basis for the denial.
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Article 39 Parking
39.1 Federal Regulations
Assignment of parking spaces available to NRC will be governed by applicable OMB and GSA regulations.
39.2 Parking Changes
Should the number of parking spaces available to NRC substantially increase during the duration of this Agreement, or for any proposed changes in parking policies or parking rates, the Union may reopen this Article within a reasonable time unilaterally by written notification. Negotiations would be limited to the facility where the change occurs.
39.3 Office Relocation
The NRC has determined that when an office that has provided free or subsidized NRC employee parking is being relocated, the NRC will include equivalent parking in the request for space submitted to GSA. Additionally, the NRC shall file a request for ample NRC parking with all applications for leased space submitted to GSA.
39.4 Allotment of Parking Spaces
The following procedures shall govern the allotment of parking spaces at the NRC Headquarters locations for spaces not required for official needs.
39.4.1 The parties agree that parking permits shall be dispensed based upon five separate priority groupings of employees: employees with disabilities, executives, carpools, Operations Officers, and single occupant vehicles. The parties further agree that the number of parking spaces set aside for executives shall not exceed 55 and that persons applying for a space reserved for employees with disabilities must produce medical evidence concerning how their disability impacts on mobility. In the event the agency must exceed the 55 space allocation, it will negotiate the impact and implementation of the decision. The parties agree that parking permits shall be approved on a six month (semi-annual) basis. Those employees eligible for parking permits will be issued a single occupant vehicle parking permit annually, provided their payments are current. Payment of parking fees will be made through payroll deduction.
39.4.2 The parties agree that a carpool means a group of two or more persons, the principal member of which is an employee of NRC and who regularly uses motor vehicle for transportation to and from work on a continuing basis. The relationship of carpool members to each other is irrelevant. All members of a carpool must complete and sign a form giving their name, home address, work address, and work and home telephone numbers. The NRC shall review this information to assure that carpools have at least 2 individuals participating.
39.4.3 Parking spaces available for employee parking permits will be allocated in the following order of priority:
39.4.3.1 employees with disabilities 39.4.3.2 executives (a maximum of 55) 39.4.3.3 carpools and vanpools 39.4.3.4 Operations Officers 39.4.3.5 single occupant vehicles
All parking permits which are not dispensed to NRC employees under categories 39.4.3.1 through 39.4.3.5 will be dispensed under the criteria described in Section 39.4.4.
39.4.4 All applicants for single occupant vehicle parking spaces at an NRC Headquarters location shall be issued parking permits in order of their service time with the NRC/AEC, with employees having greater service time appearing at the top of the list. Employees that have AEC service time and/or prior periods of NRC service must provide documentation of that service time with their application if they want that service time credited toward parking priority.
39.4.5 A waiting list for parking will be maintained of employees (including new employees and those transferring into Headquarters) who submit a timely application. The waiting list will be maintained in the same order as listed in 39.4.3. As spaces become available (e.g., through retirements or transfers), employees will be offered available spaces on a monthly basis based on their position on the waiting list.
39.4.6 Additional spaces may also be made available for parking permits through a reduction in the number of spaces available for daily parkers. A maximum of 25 spaces will be reserved for daily parkers.
39.4.6 To the extent practicable, the agency will offer employees a permit for motorcycle parking (limited to areas designated for motorcycle parking) at one-half of the rate for single-occupancy vehicles.
39.4.7 If a representative of NTEU needs to attend a meeting to conduct representational business, NTEU may request visitor parking for that representative. Such visitor parking can be arranged, on a first-come, space available basis, free of charge for representatives of NTEU. NTEU must request such parking through the Agency's visitor request system the day before the scheduled meeting to permit adequate notification to the operator of the parking garage. All visitors must be escorted while in the building.
39.4.8 The agency will notify NTEU, as soon as practicable, of any significant reduction in the number of single occupant vehicle parking permits available to employees.
39.5 Parking Procedures
NRC employees who receive a parking permit will be provided with the rules and procedures pertaining to their garage, including the criteria for designation of reserved spaces. Any changes to the rules and procedures will be provided to the NTEU for negotiation, as appropriate.
Employees are responsible for properly displaying their parking permit. Vehicles without properly displayed permits may be treated as unauthorized vehicles by the parking operator. Failure to follow parking rules and procedures may result in suspension or termination of parking privileges.
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Article 40 Travel
40.1 Scheduling of Travel
The NRC agrees, to schedule, to the maximum extent practicable, all employee travel to occur during the normal duty hours of the employee traveler. Time spent in travel status away from the employee's official duty station outside the days and hours of the employee's basic or extended workweek is considered "duty time" and the employee is entitled to be paid at the appropriate rate of premium pay when such travel is officially ordered or later approved and the travel:
40.1.1 involves the performance of actual work while traveling; or
40.1.2 is incident to travel that involves the performance of work that can only be performed while traveling; or
40.1.3 is carried out under arduous conditions; or
40.1.4 results from an event which could not be scheduled or controlled administratively, that is, results from unforeseen circumstances or an event which is scheduled or controlled by someone or some organization outside the Executive Branch of the Federal Government.
If circumstances require the employee's presence on Monday too early to permit travel on that day, the employee may request permission to travel on the preceding Friday in lieu of traveling on Sunday. The supervisor will grant or deny the request subject to workload considerations. If Friday travel is approved, subsistence reimbursement will be allowed to start with the departure time, but will be limited to that which would have been payable if the employee traveled on Sunday. Employees required to travel outside of normal duty hours shall upon request receive a written explanation as to why such travel is required.
40.2 Travel Advances
NRC employees are authorized to obtain travel advances for out-of-pocket expenses by making cash withdrawals using their Government travel charge card.
40.3 Travel Reimbursement
The NRC agrees to reimburse employees in accordance with the Federal Travel Regulations (FTR) and NRC Management Directive 14.1, Official Temporary Duty Travel."
40.4 Actual Subsistence Expenses
Actual subsistence expenses up to the maximum permitted by law will be allowed when the traveler's conditions meet the requirements established by the FTR and NRC MD 14.1.
40.5 Use of Privately-Owned Vehicle
To the extent provided by law and regulation, an employee will have the option to use a privately-owned vehicle for official travel. When the law or regulation authorizes the use of a privately-owned vehicle for official business, the employee providing such vehicle will be reimbursed at the maximum rate allowable by applicable law and Government-wide regulation.
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.
40.6 Returning To Permanent Duty Station While on Travel
An employee who is assigned to training or duty away from his/her regularly assigned post of duty, and who elects to return to his/her permanent duty station during nonwork days, will be reimbursed, as follows:
40.6.1 For the employee entitled to per diem, the reimbursement allowable for the round-trip transportation and per diem en route may not exceed the per diem and any travel expense which would have been allowable had the traveler remained at this temporary duty station; or
40.6.2 For the employee entitled to actual subsistence, the maximum reimbursement allowable for the round trip transportation and actual subsistence en route shall be the necessary travel and subsistence expense which would have been allowable had the traveler remained at this temporary duty station.
40.7 Illness During Travel Status
When the employee in a travel status becomes ill, or is injured not due to his/her own misconduct and is expected to remain so for any significant length of time, NRC will pay per diem normally not to exceed 14 days and transportation in connection with returning that employee to his/her home or normal post of duty area as promptly as possible. However, NRC may approve a longer period as it deems necessary under the circumstances in a particular case.
40.8 Travel Regulations
Links to the FTR's and NRC MD 14.1, Official Temporary Duty Travel, relevant negotiated agreements (including the MOU on eTravel), and other documents relating to travel policies (including "yellow announcements" will be available on the NRC website. Employees should direct all inquiries regarding travel authorizations and vouchers to the Travel Services Team, Division of the Controller, Office of the Chief Financial Officer. In addition, the NRC shall advise employees through agency-wide e-mail of revisions to NRC MD 14.1 or of any other significant changes in travel laws or regulations, which shall be permanently posted on the Agency website.
40.9 Notice of a Difference Between Travel Voucher Claim and Reimbursement Amount
The NRC agrees to notify the employee within 10 work days from the date of receipt by the Department of Interior National Business Center of his/her travel voucher if any claims cannot be paid in full. Such time shall be automatically extended if the employee furnishes additional information to supplement the travel voucher. Such notification shall be shown in the voucher and shall clearly identify the NRC's basis for denial. If, after being notified that a claim cannot be paid in full, the employee submits additional information to support the claim, NRC shall notify the employee within a reasonable period of time whether such additional information is sufficient to support the payment of the claim in full.
If at any time an apparent overpayment on a travel voucher is discovered, the Agency shall notify the employee and, if appropriate, request the employee to submit additional information to support the amounts previously claimed and paid on the travel voucher. If the Agency determines that there is still an overpayment to the employee after the review of the additional information, or absent submission of additional information, the employee may request a waiver in whole or in part of the overpayment, consistent with applicable laws and regulations. Such a request may be made if the employee agrees with the Agency's determination but believes that extenuating circumstances exist to warrant a waiver. The NRC may grant the waiver of overpayment only if it determines that collection of the overpayment from the employee would be against equity and good conscience and not in the best interest of the United States.
For claims without overpayment, where the employee agrees with the NRC determination but still believes that extenuating circumstances exist to support his/her claim, the employee may, consistent with applicable laws and regulations, submit a claim for adjudication to the GSA Civilian Board of Contract Appeals with a copy of the claim to the Agency. Such claims are neither grievable nor arbitrable.
If the employee disputes the Agency's determination on any travel voucher claim, the employee may, consistent with applicable laws and regulations, submit a claim for adjudication to the GSA Civilian Board of Contract Appeals with a copy to the Agency. Such claims are neither grievable nor arbitrable.
40.10 Reimbursement for Parking
The NRC will, to the fullest extent permitted by law and regulation, reimburse employees for reasonable parking expenses when the employee's use of his/her car on official business has been approved. Such reimbursement does not cover the employee's normal everyday parking expenses.
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Article 41 Labor Management Relations and Partnership Committees
41.1 Establishment of Partnership Committees
The Parties have established 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. Within 60 days following the effective date of this Agreement, the Parties will meet to review existing charters, ground rules and guidelines regarding the operations of these committees, and make such changes as they deem necessary. These committees are intended to supplement, not replace, the parties' statutory obligations.
41.2 Subcommittees
The Parties agree to establish subcommittees to deal with specific areas of concerns requiring additional focus, including:
41.2.1 The Joint Labor-Management Occupational Safety and Health Committee established under Section 38.1.1; and
41.2.2 An EEO subcommittee to discuss EEO-related matters, including the Affirmative Action Plan and the Upward Mobility Plan. This subcommittee will have access to relevant data, including the data currently provided to the Agency's EEO Advisory committees and data concerning the harassment program.
41.3 Joint Labor/Management Day Care Committee
The NRC and NTEU agree to establish a joint Labor-Management Day Care Committee. The Committee shall be composed of 8 headquarters employees; one-half will be appointed by the Union and one-half by the NRC. One member representing the Union and one representing NRC will be appointed for a 2 year term. The remaining members will be appointed for a term of 1 year.
41.3.1 Selection of Chairperson and Vice Chairperson
The chairperson and vice-chairperson will be selected from among committee members, and their selection will be made by the Union and management on a rotating annual basis. The first year the chairperson will be selected by the party who wins a toss of the coin, and the vice-chairperson will be selected by the party losing the toss. In the second year, the selecting parties will be reversed, and so on.
41.3.2 Committee Function
The function of the committee will be to jointly advise management and NTEU on matters concerning day care facilities (both on site and off site).
41.3.3 Notice of Committee Role and Function
Following the appointment of committee members, the agency will issue a joint announcement concerning the committee's role and function.
41.3.5 Recommendation of Day Care Committee
The committee may submit recommendations on matters concerning day care options jointly to the Director, Office of Human Resources and NTEU as it (the committee) deems appropriate.
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Article 42 Mid-term Bargaining
42.1 Application
The NRC or the Union may wish to negotiate proposed changes created by new laws, changes in existing laws or the agency's desire to establish or change any personnel policy, practice or condition of employment. Notice and bargaining over such changes will be conducted pursuant to the terms of this Article. Term contract negotiations and mid-term contract reopeners are conducted in accordance with Article 57, Duration and Termination of Contract.
The Union recognizes that the Agency has the right to exercise management rights as set forth in the Statute during the life of this Agreement and, in accordance with applicable law, rule, regulation, and this Agreement, to initiate changes that may affect conditions of employment of bargaining unit employees, including changes in personnel policies or practices or other matters affecting working conditions not covered by this agreement.
The Agency recognizes that the Union has the right to bargain over the substance of negotiable changes in personnel policies and working conditions, the procedures which the Agency will observe in exercising management rights, and/or appropriate arrangements for employees adversely affected by the exercise of the Agency's management rights. This in no way waives any of the Union's rights to negotiate to the maximum extent allowable by law nor does it require the Agency to bargain the substance of permissive subjects of bargaining.
42.2 Notice
When the NRC wishes to change any personnel policy, practice, or condition of employment not covered or controlled by the terms of this Agreement, the NRC will notify the President of NTEU Chapter 208, in writing. This notice will be sent to the Union at least 15 workdays prior to the proposed date of implementation; however, in the case of an operational necessity, the Agency shall advise the Union in writing of the nature of the necessity and provide the Union with as much reasonable advance notice of the intended change as practicable, and the Union may pursue whatever course(s) of action as may be available under law, rule or regulation.
This notice will include the following:
42.2.1 A description of the change;
42.2.2 An explanation of why the change is desired or required;
42.2.3 An explanation of how the change would be implemented;
42.2.4 A description of probable impact on employees, if appropriate; and
42.2.5 An indication of the specific date (if any) the Agency intends to implement the proposed change.
The Union will have 10 workdays from receipt of notice from the Agency in which to invoke its right to negotiate the proposed change(s). These negotiations will be conducted in accordance with Section 42.3, unless mutually agreed upon alternatives are established.
42.3 Groundrules
The groundrules for bargaining covered by this Article are:
42.3.1 Negotiations shall occur during regular administrative workdays. The schedule for bargaining will be by mutual agreement. However, unless mutually agreed otherwise, the Parties will normally meet and begin bargaining within 10 work days after receipt by the Agency of the Union's request to bargain. At the Union's request, the first bargaining session will begin with a management briefing on the proposed change.
The Union must submit written proposals no later than the second bargaining session, if more than one bargaining session is required to reach agreement.
Except when required by operational necessity, the Agency will not implement the proposed change prior to completing bargaining. Operational necessity will only be invoked during an emergency or when consistent with the necessary functioning of the Agency. If the Agency implements a change due to operational necessity prior to the completion of bargaining, bargaining will continue on an expedited basis and the resulting agreement will be implemented as agreed upon.
The initiation of proposed changes by the Agency under this Article shall not preclude either Party from submitting related proposals or counterproposals during the course of negotiations.
42.3.2 The NRC will provide a site for negotiations, if feasible. If not, negotiations will take place at a mutually agreed site.
42.3.3 The parties agree that proposed changes which apply on a nationwide basis shall be negotiated at the NRC Headquarters Offices.
42.3.4 Upon mutual agreement, proposed changes which apply only within one Region will be negotiated at that Regional Office. If during negotiations, it becomes apparent that the issue has generic implications or an additional region or headquarters will be affected, negotiations may stop and be reopened under 42.3.6.
42.3.5 Proposed changes which apply only to the NRC Headquarters Offices will be negotiated at NRC Headquarters.
42.3.6 Proposed changes which apply to more than one Regional Office or to the Headquarters and one Regional Office--but are less than nationwide in application will be negotiated at NRC Headquarters.
42.3.7 The number of employees representing the Union for whom official time is authorized under this Section shall not exceed three (3) employees. In circumstances where an exclusively regional matter being negotiated affects more than one (1) region, the NRC shall pay travel and per diem for one (1) regional Union official, for one (1) single or multi-day session, in accordance with NRC travel regulations. In situations where there is a nationwide matter that has greater impact on regional employees, the agency will also pay travel and per diem for no more than one (1) regional Union official as specified above. Disagreements as to payment of travel and per diem in these instances shall not serve to delay the negotiations.
42.3.8 All time spent in bilateral negotiations on these issues, including caucuses and impasse resolution processes, shall be official time for the Union representatives.
42.4 Impasses
Either party may request the assistance of the Federal Mediation and Conciliation Service (FMCS) to resolve an impasse in bargaining. Upon certification by the Federal Mediation and Conciliation Service of an impasse between the parties in connection with these negotiations, the dispute shall be forwarded to the Federal Service Impasses Panel (FSIP) for resolution. Either party may unilaterally request of the FSIP special expedited procedures including arbitration in settlement of these impasses. The FSIP will determine which, if any, special expedited procedures will be used.
42.5 Agreements
42.5.1 All agreements are tentative until confirmed in writing. Unless otherwise agreed, agreements reached will be reduced to writing and executed by both Parties, and will set forth an effective date and duration (even if indefinite). Such agreements are binding on the parties, subject only to statutorily required Agency Head review. Effective dates will not be set earlier than 31 days following signature by the parties, to allow for Agency Head review; however, if Agency Head approval is obtained sooner, the Parties may agree to modify the effective date.
42.5.2 Agreements negotiated pursuant to this Article will be subject to Agency head approval pursuant to 5 U.S.C. § 7114(c). In the event of disapproval, the Parties, by mutual agreement, may implement the provisions of the agreement that were not disapproved. If the Union elects to renegotiate the disapproved provisions of the agreement, or the entire agreement, it will notify the Agency within 15 work days after receipt of the Agency head's disapproval. Proposals declared non-negotiable that are subsequently found to be negotiable will be timely negotiated at the request of either Party.
42.5.3 Copies of agreements executed pursuant to this Article will be made available to bargaining unit employees by posting on the Agency's intranet site. The agreement will be posted, and employees will be notified of the change and of the agreement, prior to the effective date.
42.6 Information Requests
Whenever the Union requests documents for the purpose of bargaining over changes in personnel policies, practices, or conditions of employment not otherwise covered by this Agreement, the time frame for the Union to respond shall be extended day for day, from the time the request is received until the NRC either denies the request or provides the documents, whichever is appropriate.
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Article 43 Access to Personnel Records
43.1 Access to Records
Each employee and/or the employee's representative (designated in writing) shall, upon written request and proper identification, be granted access to any record(s) pertaining to the employee in accordance with the Privacy Act or other applicable law or regulation. Such access will take place in the presence of the individual(s) having official custody of the record.
43.2 Copies of Documents
Copies of documents made available under Section 43.1 may be furnished to the employee and/or designated representative upon written request by the employee. Charges shall be in accordance with applicable regulations.
43.3 Privacy Act
Any record which is not available to the employee or his/her representative (designated in writing) for inspection and review will not be made available to any unauthorized person(s) for inspection, review, or duplication. Such information will be made available to authorized persons only for official use as provided for in the Privacy Act of 1974.
43.4 Official Personnel Folders
It is agreed that Official Personnel Folders (OPF's) and other personnel records will be maintained in accordance with applicable law and regulation, including the Privacy Act of 1974. The NRC will purge records in accordance with any standard set forth in law and regulation.
43.5 Employee Records Maintained By Supervisor
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. This section does not apply to a supervisor's personal notes or "memory joggers." Memory joggers are private notes retained and used for personal use of the manager to recall events or aid memory. Memory joggers may be prepared, retained or discarded at the manager's discretion. Memory joggers shall not be provided to any person.
43.6 Union Requests for Documents
The following governs Union requests for documents under 5 U.S.C. 7114(b)(4).
43.6.1 NRC agrees to provide the Union documents appropriately requested under 5 U.S.C. 7114(b)(4) to the extent consistent with law or regulation, including the Privacy Act. The Union will be advised by NRC within ten calendar days of receipt of the request as to whether and to what extent the requested documents can be released. The Union will receive the documents within twenty-five (25) calendar days of the request. Exceptions to the 25 day requirement shall be granted by the Union for good cause shown.
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Article 44 Disciplinary Actions
44.1 Definition
This article covers suspensions of fourteen days or less, letters of reprimand and memorandum of admonishment.
44.2 Exclusions
The provisions of this Article do not apply to:
44.2.1 oral or written counseling (Oral or written counseling is not considered discipline or an adverse action, and is therefore not covered under this article. Although not covered by this article, such counseling may be considered when taking action under this article.)
44.3 Progressive Discipline
The parties recognize that disciplinary actions should normally be progressive in nature if they are to correct an offending employee. However, discipline need not follow any specific sequence. Major offenses may be cause for severe action, including removal, irrespective of whether previous discipline had been taken against the offending employee. The degree of discipline administered will be proportionate to the offense, and consistent for like offenses, and will be considered on a case-by-case basis. The Agency will consider the existence of any aggravating and/or mitigating circumstances, the nature of the position occupied by the employee at issue, and any other factors bearing on the incident(s) or act(s) underlying the action.
44.4 Copies of Evidence Documents
An employee who is the subject of a disciplinary action under this Article will be furnished a copy of the materials relied upon to support the reasons for the proposed disciplinary action.
44.5 Favorable Information in Investigative Reports
If the proposed disciplinary action is based on an investigative report(s), the portions of the report(s) which relate to the proposed disciplinary action and are favorable to the employee will be furnished to the employee upon request.
44.6 Arbitrator Request for Documents
If it is demonstrated to an arbitrator that favorable information described in Section 44.5 can be made available but has not been furnished by the NRC, upon request of the arbitrator, the complete report will be furnished to the arbitrator for an in camera inspection, except such portions of the report which contain classified, proprietary or other information, the disclosure of which is restricted by law.
44.7 Notification of Suspension of 14 Days or Less
44.7.1 When the NRC proposes a suspension of 14 calendar days or less, the employee is entitled to:
44.7.1.1 an advance written notice of at least 15 calendar days stating the specific reasons for the proposed action;
44.7.1.2 reasonable time; but no less than 7 calendar days from receipt of the advance written notice to answer orally or in writing and to furnish affidavits and/or other documentary evidence in support of the answer;
44.7.1.3 a copy of the materials relied upon to support the reasons for the proposed suspension;
44.7.1.4 be represented by a Union representative;
44.7.1.5 a reasonable amount of duty time to prepare and present his or her oral and/or written response; and
44.7.1.6 a written decision and the specific reasons therefore at the earliest practicable date.
44.7.2 Where an employee chooses to make an oral reply, the reply will be heard by an official or designee at a higher level than the one who proposed the action.
44.7.3 The final decision in any action covered by this Section must be made by a higher level official or designee other than the one who proposed the action, except that if the proposing official is at the Office Director or higher, the decision may be made by another official at the same level or higher. The final decision letter will contain the specific reasons for the decision and will be issued at the earliest practicable date after receipt of the employee's oral and/or written reply or after the date that such reply would have been due. The decision shall inform the employee of his/her appeal rights.
44.7.4 The NRC shall prepare a summary of any oral reply. The employee and his or her representative will be provided a copy of the summary within 6 work days of the oral reply. The employee will have 2 workdays to respond with any corrections or clarifications, which will be considered prior to the issuance of the final decision.
44.7.5 In arriving at his/her written decision the deciding official shall consider only the reasons specified in the notice of proposed action and shall consider any reply of the employee or his or her representative. If, in arriving at his/her decision, the deciding official considers and intends to rely upon documents not previously known or relied upon by the proposing official, those documents must be given to the employee prior to issuance of the decision. The employee will be permitted a reasonable amount of time to review and respond to this material. Alternatively, management may choose to re-propose an action. The deciding official shall deliver the notice of decision to the employee at or before the time the action will be effective.
44.7.6 The decision of the deciding official may be appealed by NTEU pursuant to Article 47, Arbitration Procedures.
44.8 Copies
An employee shall be provided a second copy of the notice of proposed action, and the final decision to be provided to his or her Union representative.
44.9 Reprimands or Admonishments
44.9.1 A letter of reprimand may remain in an employee's official personnel folder for not more than 2 years from the date of the misconduct. Memoranda of admonishment may remain in an employee's official personnel folder for not more than 6 months from the date of the misconduct.
44.9.2 Although the reprimand or admonishment is removed from the employee's Official Personnel Folder, the agency, pursuant to applicable law, will retain the letter and related documentation in the official case file maintained by the Office of Human Resources. However, once removed from the OPF, the Agency may not use this case file information when considering future discipline. An employee may request to review the contents of this case file in accordance with applicable law and regulation.
44.9.3 An employee receiving a reprimand or admonishment will, upon request, be provided the material which is relied upon to support the reasons for the reprimand or admonishment.
44.9.4 A disciplinary action taken under this section may be appealed only by filing a grievance pursuant to Article 46, Grievance Procedures, of this agreement.
44.10 Information
Every six months, the Agency will provide the NTEU Chapter President with a sanitized list describing bargaining unit disciplinary cases that were closed during the previous six months and the penalties that were imposed.
44.11 Employee Notification of No Action Taken
If management, based on its own inquiry, or based on its review of an investigative report (e.g., an IG report) provided to them, determines that no action shall be taken against the subject(s) of the inquiry or investigation, it shall advise such employee(s) of that outcome. In this circumstance, an employee is one who had been informed that he/she is the subject of an inquiry or investigation.
Unformated CBA for Ratification - Agency will publish
with table of contents, index, page numbers, etc.
Article 45 Adverse Actions
45.1 Definition
This Article covers removals, suspensions, reductions-in-grade or pay, or furloughs for 30 calendar days or less which are taken to promote the efficiency of the service. Some adverse actions are disciplinary while others are not. The procedures set forth below will be used to effect both disciplinary and non-disciplinary adverse actions.
45.2 Exclusions
The provisions of this Article do not apply to:
45.2.1 adverse actions taken against an employee who is serving a probationary or trial period under an initial appointment or a temporary employee (see Article 48);
45.2.2 suspension or removal under Section 7532 of 5 U.S.C.;
45.2.3 any action initiated under Sections 1215 and 7521 of 5 U.S.C.;
45.2.4 a reduction-in-force action;
45.2.5 a reduction in grade or removal under Chapter 4303, 5 U.S.C.;
45.2.6 emergency suspensions; or
45.2.7 disciplinary actions covered under Article 44 (suspensions of 14 days or less, letters of reprimand or memorandum of admonishment), oral or written counseling (oral or written counseling is not considered discipline or an adverse action, and is therefore not covered under this article. Although not covered by this article, such counseling may be considered when taking action under this article).
45.3 Progressive Discipline
The parties recognize that disciplinary actions should normally be progressive in nature if they are to correct an offending employee. However, discipline need not follow any specific sequence. Major offenses may be cause for severe action, including removal, irrespective of whether previous discipline had been taken against the offending employee. Consistent with applicable law, in deciding what adverse action may be appropriate, the Agency will give due consideration to the relevance of an aggravating and/or mitigating circumstances. The following factors, included herein for purposes of illustration, are meant to be neither exhaustive nor mechanically applied by management in exercising its discretion to selecting the appropriate penalty:
1. The nature and seriousness of the offense, and its relation to the employee's duties, position, and responsibilities, including whether the offense was intentional or technical and inadvertent, or was committed maliciously or for gain, or was frequently repeated; 2. The employee's job level and type of employment including fiduciary role, contacts with the public, and prominence of the position; 3. The employee's past disciplinary record; 4. The employee's past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability; 5. The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon the Employer's confidence in the employee's ability to perform assigned duties; 6. Consistency of the penalty with those imposed upon other employees for the same or similar offenses; 7. The notoriety of the offense or its impact upon the reputation of the Employer; 8. The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question; 9. Potential for the employee's rehabilitation; 10. Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment or bad faith, malice or provocation on the part of the others involved in the matter; and 11. The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.
45.4 Copies of Documents
An employee who is the subject of an adverse action under this Article will be furnished a copy of the materials relied upon to support the reasons for the proposed adverse action.
45.5 Favorable Information in Investigative Reports
If the proposed adverse action is based on an investigative report(s), the portions of the report(s) which relate to the proposed adverse action and are favorable to the employee will also be furnished to the employee.
45.6 Arbitrator Request for Documents
If it is demonstrated to an arbitrator that favorable information described in Section 45.5 can be made available but has not been furnished by the NRC, upon request of the arbitrator, the complete report will be furnished to the arbitrator for an in camera inspection, except such portions of the report which contain classified, proprietary or other information, the disclosure of which is restricted by law.
45.7 Adverse Action Procedures
When the NRC proposes to take an action covered by this Article, an employee against whom such an action is proposed is entitled to:
45.7.1 An advance written notice of at least 30 calendar days (unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed) stating the specific reasons for the proposed action and providing the employee with a copy of the materials relied upon to support the reasons in the notice of proposed adverse action.
45.7.2 A reasonable time, but not less than 7 calendar days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer.
The employee shall be provided with a reasonable amount of duty time to prepare and present his/her oral and/or written response.
45.7.3 Be represented by an attorney or other representative:
45.7.3.1 NRC may disallow as an employee's representative an individual whose activities as a representative would cause a conflict of interest or position.
45.7.3.2 The rights of the Union under this Agreement shall not be construed to preclude an employee from:
(a) being represented by an attorney or other representative, other than a Union representative of the person's own choosing; or (b) exercising appellate rights established by law, rule, or regulation.
45.7.4 A written decision and the specific reasons therefore at the earliest practicable date. The decision shall inform the employee of his/her appeal rights.
45.7.5 Where an employee chooses to make an oral reply, the reply will be heard by a higher level official or designee other than the one who proposed the action who will have the authority either to make or recommend a final decision on the proposed action.
45.7.6 The final decision in any action covered by Section 45.7 must be made by a higher level official or designee other than the one who proposed the action, except that if the proposing official is at the Office Director or higher, the decision may be made by another official at the same level or higher. The final decision letter will contain the specific reasons for the decision and will be issued at the earliest practicable date after receipt of the employee's oral reply and/or written reply or after the date that such reply would have been due.
45.7.7 The NRC shall make a verbatim transcript for any oral reply under Section 45.7. The employee will be provided a copy of the transcript in those cases where the employee represents him/herself. In those cases where the Union serves as representative, the Union rather than the employee will be provided the copy of the transcript.
45.7.8 In arriving at his/her written decision the deciding official shall consider only the reasons specified in the notice of proposed action and shall consider any reply of the employee or his/her representative. If, in arriving at his/her decision, the deciding official considers and intends to rely upon documents not previously known or relied upon by the proposing official, those documents must be given to the employee prior to issuance of the decision. The employee will be permitted a reasonable amount of time to review and respond to this material. Alternatively, management may choose to re-propose an action. The deciding official shall deliver the notice of decision to the employee at or before the time the action will be effective; the notice shall advise the employee of his/her appeal rights, which includes an appeal by NTEU pursuant to Article 47, Arbitration Procedures, as specified in 45.7.9 below.
45.7.9 A non-preference eligible employee against whom an adverse action decision has been issued under the terms of Section 45.7 of this Article, who has two years of creditable service, may appeal the decision to the Merit Systems Protection Board, when appropriate, or may, with the consent of NTEU, appeal pursuant to Article 47, Arbitration Procedures, or any other procedure available under law.
A preference eligible employee against whom an adverse action decision has been issued under the terms of Section 45.7 of this Article, who has one year of creditable service, may appeal the decision to the Merit Systems Protection Board, when appropriate, or may, with the consent of NTEU, appeal pursuant to Article 47, Arbitration Procedures, or any other procedure available under law.
45.8 Copies
An employee shall be provided a second copy of the notice of proposed action, and the final decision to be provided to his or her representative.
45.9 Information
Every six months, the Agency will provide the NTEU Chapter President with a sanitized list describing bargaining unit adverse action cases that were closed during the previous six months and the penalties that were imposed.
45.10 Employee Notification of No Action Taken
If management, based on its own inquiry, or based on its review of an investigative report (e.g., an IG report) provided to them, determines that no action shall be taken against the subject(s) of the inquiry or investigation, it shall advise such employee(s) of that outcome. In this circumstance, an employee is one who had been informed that he/she is the subject of an inquiry or investigation.
Unformated CBA for Ratification - Agency will publish
with table of contents, index, page numbers, etc.
Article 46 Grievance Procedures
46.1 Purpose of Grievance Procedure
The purpose of the grievance procedure is to provide an orderly means for resolving legitimate disputes at the lowest administrative level in a way that is fair and satisfactory to the grievant, the Union, and NRC. The grievance procedure may not be used to address matters which are being pursued with no reasonable expectation of success or for the purpose of delay or harassment. The parties recognize that in the interest of resolving grievances in a timely manner it is important to hold meetings to discuss disputed issues and render decisions as quickly as possible.
46.2 Definitions
46.2.1 For the purpose of this Article, "grievance" means any complaint:
a. by any employee concerning any matter relating to the employment of the employee;
b. by the NTEU concerning any matter relating to the employment of any employee; or
c. by the NTEU or the agency concerning:
(i) the effect or interpretation, or a claim of breach of this Collective Bargaining Agreement; or (ii) any claimed violation, misinterpretation, or misapplication of any law, rule or regulations affecting conditions of employment as such term is defined in 46.3 below.
46.2.2 As used in this Agreement, the term grievant refers to the aggrieved party whether a bargaining unit employee, the Union, or the NRC. The term respondent refers to the party against whom the grievance is filed.
46.2.3 Employees may file a grievance under this Article if they believe the agency has taken, or failed to take, an action that violates executive orders which specifically prohibit discrimination and harassment, although no right of action is created under any EEO or civil rights laws.
These executive orders, which amended Executive Order 11478, include but are not limited to
Executive Order 13087, which prohibits discrimination based on sexual orientation,
Executive Order 13152, which prohibits discrimination based on status as a parent, and
Executive Order 13145, which prohibits discrimination based on genetic information.
46.3 Conditions of Employment
For the purpose of this Article, the term "conditions of employment" means personnel policies, practices and matters, whether established by rule, regulation, or otherwise affecting working conditions, except that such term does not include policies, practices and matters:
46.3.1 relating to political activities prohibited by law;
46.3.2 relating to the classification of any position; or
46.3.3 to the extent such matters are specifically provided for by Federal statute.
46.4 Exclusions
The following matters are specifically excluded from the coverage of this Article:
46.4.1 any claimed violation of Subchapter III of Title 5 U.S.C., (relating to prohibited political activities);
46.4.2 retirement, life insurance, or health insurance;
46.4.3 a suspension or removal under Section 7532 of Title 5 U.S.C. (in the interests of national security);
46.4.4 any examination, certification, or appointment;
46.4.5 the classification of any position which does not result in the reduction in grade or pay of an employee;
46.4.6 a binding decision made by an authority outside the NRC;
46.4.7 the filling of a position outside the bargaining unit;
46.4.8 the determination of the basic qualifications required for a position;
46.4.9 non-selection from a list of properly ranked and certified candidates, except if the non-selection is alleged to be based on discrimination or other reason prohibited by statute;
46.4.10 the scheduled termination of a temporary appointment;
46.4.11 the separation of an employee during a trial period;
46.4.12 the placement of an employee on a Performance Improvement Requirements Memo (PIRM);
46.4.13 a proposed disciplinary action; or
46.4.14 any other exclusions specifically provided for by the terms of the Agreement.
46.5 Exclusivity
The grievance procedure applies to and, except as provided in 5 U.S.C. Section 7121(d) and (e), shall be the exclusive administrative procedure for resolving employee, Union and Agency grievances which fall within its coverage. No other process may be established to address employee concerns which fall within the scope of the grievance procedure, except by mutual consent of the Parties. Any matter that falls within the scope of the EEO complaint process may be raised in an EEO complaint or through the negotiated grievance procedure, but not both.
46.6 Joint Filing
Grievances under the terms of this Article may be initiated by bargaining unit employees either singly or jointly or by the Union on behalf of an employee or by the Union or the NRC on their own behalf. When two or more employees file individual grievances involving the same facts, events or the same issues, the grievances may be joined and processed through the grievance and arbitration procedure together by mutual agreement. A maximum of 3 grievants will attend any grievance meeting or arbitration hearing concerning any joint grievance.
46.7 Representation (Employee)
An employee filing a grievance under this Article is entitled to representation by the Union or self-representation. If an employee presents a grievance without Union representation, the Union will be given the opportunity to be present at all meetings between the NRC and the employee regarding the grievance. For such meetings the Union shall be given reasonable advance notice. In all grievance meetings where the Union serves as the representative of the grievant, the time of the meeting shall be mutually arranged. A maximum of 1 Union representative will be allowed to utilize official time to attend the initial Step (Step A) meeting unless the parties mutually agree otherwise. Two representatives shall be authorized official time to attend the final step (Step B) meeting of any grievance unless the parties mutually agree otherwise. One additional steward will be permitted to attend grievance meetings, as an observer, as part of steward training. More than one additional steward, under these circumstances, may be permitted on an exception basis.
46.8 Representation (Institutional)
If a grievance is initiated by the Union on its own behalf or by NRC, the Union may have a maximum of 2 representatives attend each Step meeting.
46.9 Duty Time
Grievants will be given reasonable duty time consistent with Section 52.7 of this Agreement to prepare and present their grievances. Requests for reasonable duty time may be denied only if the employee's absence would cause a work interruption or an emergency exists. Employees will provide management with reasonable advance notice of the need for time in excess of 30 minutes so that the time may be scheduled to minimize its impact on the office workload.
46.10 Filing
The parties agree that all grievances under this agreement shall have two steps, Step A and Step B. A grievance must be filed with the employee's first-line supervisor, with a copy to the Chief, Employee/Labor Relations and Work Life Branch within 15 workdays after the occurrence of the matter out of which the grievance arose, or within 15 workdays after the date the aggrieved should reasonably have been aware of the occurrence of the matter out of which the grievance arose. The date of the occurrence, or date when the aggrieved party should reasonably have become aware of the occurrence, shall not be counted in computing timeliness. Any grievance not filed within the applicable period will not be capable of presentation, or consideration at a later date, unless the parties mutually agree to waive the time limits. For grievances in the regions, a copy must also be filed with the Regional Personnel Officer or Director, Division of Resource Management and Administration, as applicable. Time frames for meetings, etc., will begin with receipt of the grievance by the first-line supervisor. If the Union believes that the first-line supervisor (Step A) or designated Step B official is not an appropriate official to hear the grievance, then the Union representative may suggest alternative step official(s) to the HR representative.
46.11 Timeliness
The issue of timeliness may be raised by the respondent at the initial step (Step A) with respect to matters relating to the initial filing and at the final step (Step B) with respect to matters occurring since the initial step meeting.
46.12 Content
The grievance must be in writing (or e-mail) and must:
46.12.1 present an account of the incident giving rise to the grievance, and the date the incident or action occurred or when the grievant became aware of it;
46.12.2 reference the law, rule, regulation, or provision or section of the Agreement, policy or procedure alleged to have been violated, misinterpreted, or misapplied;
46.12.3 provide an explanation of how/why these were violated, misinterpreted, or misapplied; and
46.12.4 provide a detailed statement of the specific remedy sought.
The grievant or his/her representative may amend the grievance to include new issues if, during any step, information is uncovered which indicates the appropriateness of revising the focus of the grievance and this information was not known to the grievant/representative at the time the initial grievance was filed. Such amendment must be in writing (or e-mail) and must be submitted to the appropriate step official. After the final step of the grievance process, the scope and issues may not be amended absent mutual agreement. The final step (Step B) official reserves the right to remand the grievance back to the initial step (Step A) official when the grievance is amended.
46.13 Union and NRC Institutional Grievances
Step officials for institutional grievances filed by the Union or by NRC shall be:
46.13.1 The Step A official of the Union shall be the Chapter 208 President; the Step A official of the NRC shall be the Director, Office of Human Resources, or designee.
46.13.2 The Step B official of the Union shall be the President of the NTEU, or designee, the Step B official of the NRC shall be the Executive Director for Operations, or designee.
46.13.3 Each party shall have the right to legal counsel at the Step A and Step B meetings.
46.14 Step A Guidelines
46.14.1 The Step A official will meet with the grievant and the grievant's representative(s), if any, within 10 workdays after the receipt of the grievance, for the purpose of discussing the grievance, unless the grievant has waived his or her right to a meeting. The meeting will provide an opportunity for the grievant to answer any questions which are prompted by the written grievance, to discuss when the matter occurred which gave rise to the grievance and whether the grievance was timely filed, to seek agreement, if possible, on the provision or section of this Agreement or the regulations, policy or procedure which may have been violated, to discuss the substance of the grievance, remedies requested and alternative remedies, if any, and to attempt to resolve the matter to the satisfaction of the grievant and the step official.
Recording devices, affidavits, the testimony of corroborating or expert witnesses, the introduction of evidence, rulings on evidence and similar features of an arbitration hearing will not be used at any step meeting.
46.14.2 The Step A official will render a written decision within 20 workdays after the date of the meeting or the date on which the meeting is waived. If the grievant is not satisfied with the Step A decision, the decision may be appealed to the Step B official within 10 workdays after the date of receipt of the written decision. The Step B official will be identified in the Step A written decision and will normally be the grievant's second level supervisor. The appeal from Step A must clearly specify the reasons on which the appeal is based and the issues in dispute (if different than as set forth in the original grievance).
As an alternative to Step B, the grievant may request mediation. If the grievant wishes to attempt mediation, and the NRC and NTEU agree, the services of the Federal Mediation and Conciliation Service, or any other mutually agreed upon dispute resolution service, will be requested. Mediation will not exceed two sessions. The costs of the mediation services will be shared equally by NTEU and NRC.
This mediation phase is similar to settlement discussions. Issues raised during the mediation phase will not be used as evidence or in any other manner in any arbitration hearing.
If no settlement is reached during the mediation sessions, the NTEU may invoke arbitration on behalf of the grievant, in accordance with the Collective Bargaining Agreement. If arbitration is not timely invoked, the grievance is terminated. The timeframe for invoking arbitration will begin on the first workday after the final mediation session took place.
46.15 Step B Guidelines
46.15.1 The Step B official, the grievant, and the grievant's representative(s), if any, and the Chief, Employee/Labor Relations and Work Life Branch, or designee shall meet within 10 workdays after the date of receipt of the written appeal to discuss the appeal. The meeting will provide an opportunity to discuss the decision of the Step A official, including any claimed inaccuracies, any failures to meet or resolve any issues, any issues which remain unresolved, and any respects in which any remedy or proposed resolution of the matter is considered inappropriate by the grievant, and other relevant matters.
46.15.2 Step B officials shall render a written decision within 20 workdays after the date of the meeting or after the date on which the meeting is waived.
46.16 Appeal to Arbitration
If after reaching the last step in the grievance chain available to a particular grievant the grievant is not satisfied with the final decision, then NTEU may, at its option, appeal the matter to arbitration. NTEU may also appeal an Agency determination to terminate a grievance at any step directly to arbitration. Should NTEU elect to exercise this option it must invoke arbitration within 20 workdays of receipt of the final step official's decision (or from the date of the last mediation session under 46.14.2) or termination notice.
46.17 Time Limits
46.17.1 The parties agree that by mutual consent the time limits in this Article may be extended; and/or any step of this grievance may be waived.
46.17.2 Failure on the part of a Step A official to observe the time limits for issuing the Step A decision will constitute a denial of the grievance and permit the aggrieved employee or the Union to appeal to the next step. The time period for the Union to appeal to Step B will begin on the day after the decision was due by the NRC (20 workdays after the date of the Step A meeting or the date the meeting was waived). If the Union does not appeal to Step B within 10 workdays of the due date for the Step A decision, the grievance may be terminated by the NRC, but only upon providing written notice to the person who filed the grievance (the employee or his/her representative).
46.17.3 Failure on the part of the grievant to otherwise observe time limits for any step shall have the effect of terminating the grievance.
46.17.4 The terms of 46.17.2 and 46.17.3 do not apply to the time limits for scheduling meetings under Step A and Step B of this grievance procedure.
46.18 Distribution of Decisions
The NRC agrees to provide to the Union 1 copy of all written step decisions rendered on employee grievances filed under this Article. The Union will send to the Chief, Employee/Labor Relations and Work Life Branch, or designee, one copy of each appeal from a step official's decision. Time frames for meetings, etc., begin with receipt by the Step Official.
46.19 Grievance Meeting Attendance
No bargaining unit employee other than the grievant and his/her representative(s) will attend a grievance meeting, unless the Union and the NRC agree otherwise, in which event the employee other than the grievant and his/her representative(s) will be allowed official time to attend the meeting.
46.20 Process Participation
Employees, designated representatives, and employee witnesses at arbitration hearings 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.
46.21 Document Requests
The grievant or his/her representative may request documents relevant and necessary to the grievance pursuant to Article 43. Whenever the Union requests documents for the purpose of representing a grievant(s), the time frame for Union response/action on the grievance shall be extended day for day, from the time the request is received until the NRC either denies the request or provides the documents, whichever is appropriate.
46.22 Non-grievability and Non-arbitrability
If the NRC alleges that a grievance is non-grievable or non-arbitrable for reasons other than timeliness, then the NRC shall notify the Union no later than the Step A decision letter of the reasons for such a determination. The issue of timeliness may be raised by the respondent at the initial step (Step A) with respect to matters relating to the initial filing and at the final step (Step B) with respect to matters occurring since the initial step meeting. Upon its request, NTEU will be provided this information in writing. When the NRC alleges an issue is non-grievable or nonarbitrable for reasons other than timeliness, the Union will have 5 workdays to amend and refile the grievance if it wishes. The grievance will be resubmitted and proceed through the grievance procedure. Questions of non-grievability and/or non-arbitrability when raised shall be joined to the grievance.
Unformated CBA for Ratification - Agency will publish
with table of contents, index, page numbers, etc.
Article 47 Arbitration Procedures
47.1 Invocation
An unresolved grievance processed through the last step of Article 46, Grievance Procedures, may be appealed by the Union or the NRC to binding arbitration. The provisions of 5 U.S.C., Section 7121(b)(3)(C) establish that the Union or the NRC has the authority to invoke arbitration as an appeal of a grievance. Therefore, when an employee has an election to proceed through a statutory appeal process or through the grievance/arbitration process, the employee must be mindful that the power to invoke arbitration rests solely with the Union. Thus, the employee must recognize that should he/she decide to appeal through the grievance/arbitration process and the Union decides not to invoke arbitration, then the employee will have no further recourse through a statutory appeal process, unless the aggrieved employee alleges having been affected by a prohibited personnel practice under Section 2302(b)(1) of 5 U.S.C.
47.2 Appeal to Arbitration
Appeals to arbitration must be in writing and either be hand delivered or sent by certified or registered mail to the Chief, Employee/Labor Relations and Work Life Branch, or to the NTEU National President with a copy to the President, NTEU Chapter 208.
47.2.1 If an appeal is to be hand delivered to the Chief, Employee/Labor Relations and Work Life Branch, the person making delivery of the written appeal must obtain the signature of the Chief or his/her designee on the original copy of the appeal and date and time the appeal was received in Labor Relations. A photocopy of the original with the date and signature of receipt should be made for the Union to retain for its records.
47.2.2 If hand delivered, or delivered by fax or e-mail, an appeal must be received in Labor Relations no later than 5:00 p.m. on the 20th workday after the date of receipt of the final step decision in the negotiated grievance procedure or after the date of receipt of the notice of decision of an adverse action. If sent by certified or registered mail, the appeal must be postmarked by the Postal Service with a date no later than the 20th workday after the date of receipt of the final step decision, or after the date of receipt of the notice of decision of an adverse action. (See Article 45, Section 45.7.9 regarding direct appeal of adverse actions to arbitration.) If the Agency fails to issue a final step grievance decision in accordance with the time limits set forth in this Agreement, the Union may, at its option, appeal the matter to arbitration at any time after the decision was due. However, if a decision is issued prior to the Union requesting arbitration, the twenty-day time limit will begin to run.
47.3 Procedures
47.3.1 The procedures for the selection of arbitrators for grievances arising in Headquarters and the Regional offices are set forth below. A grievance is defined as arising in Headquarters if the grievant's duty station is in the Washington, D.C., metropolitan area or if the grievance is filed solely in the name of the Union or by the NRC.
47.3.2 When arbitration is invoked by either the NRC or the Union for grievances arising in NRC Headquarters or the Regional Offices, the moving party will, within 10 workdays after invocation, contact the other party to seek agreement on selection of an arbitrator. If no agreement is reached, the moving party will request a list of 7 arbitrators with federal sector experience from the Federal Mediation and Conciliation Service. If the moving party fails to do so within 15 workdays, the other party may request such list. These arbitrators will be from the Washington, D.C., metropolitan area for Headquarters grievances and from the metropolitan area encompassing the Regional Office for grievances arising in the Regions.
47.3.3 The NRC and Union will meet within 5 workdays after both parties have received the list to seek agreement on an arbitrator.
47.3.4 If the parties cannot agree on an arbitrator, the NRC and the Union will strike 1 name from the list alternately until 1 name remains. The remaining person shall be the duly selected arbitrator. The toss of a coin shall determine whether the NRC or the Union strikes the first name.
47.3.5 An arbitrator will be assigned within 15 days of the time the parties meet pursuant to Section 47.3.3.
47.3.6 Upon assignment, the arbitrator will be forwarded a case file by NRC consisting of the grievance, step appeals, responses, and any other relevant documents. A copy of the case file will be forwarded simultaneously to the Union.
47.3.7 Normally, hearings will commence within 60 days after the date arbitration is invoked unless the arbitrator's schedule does not permit or by mutual agreement of the parties.
47.3.8 No later than 15 workdays before a scheduled hearing, the parties shall explore possible resolution of the case, clarify and stipulate the issue or issues, exchange witness lists, and agree on joint exhibits and joint stipulations of fact. If the parties cannot agree on a joint stipulation of the issues, the parties shall exchange separate written statements of the issues at this meeting or no later than 5 workdays before the scheduled hearing.
47.3.9 In any case where the Parties mutually agree to postpone, delay, or cancel an arbitration proceeding, the Parties will share equally the cost of any fees being charged by the arbitrator or the court reporter which are associated with the requested change. If there is no mutual agreement, then the party requesting the postponement, delay or cancellation will pay any resulting fees.
47.3.10 Each Party has the responsibility and obligation to produce its witnesses on the day of the hearing, and each Party will bear its own witnesses' expenses, including travel. The grievant and all employees who are called as witnesses will be excused from duty to the extent necessary to participate in the arbitration hearing, without loss of pay or charge to annual leave.
47.4 Expedited Arbitration Procedures
47.4.1 At the Union's option, any grievance over the following matters may be appealed to arbitration under an expedited process (except for those matters which include a claim of discrimination):
1. Disciplinary actions;
2. Details or Reassignments;
3. Performance Appraisals;
4. Denial of leave requests, work schedule requests, telework requests or requests for official time;
5. Overtime or compensatory time;
6. The Union's use of Agency services or facilities under Articles53 and 54; or
7. Travel.
47.4.2 Expedited arbitration cases will follow the procedures set forth in 47.3, above, except that:
1. No briefs may be filed. No transcript is necessary, but if either party requests a transcript, that party shall pay the cost. Such transcript will not be provided to the arbitrator unless otherwise requested;
2. At the close of the hearing, the Parties may submit memoranda outlining legal points and authority, including copies of precedent setting case decisions;
3. The arbitrator will issue a bench decision, if possible, which will be confirmed in writing. If a bench decision is not possible, the arbitrator will issue a brief written decision within 10 workdays of the close of the hearing.
47.5 Arbitration Expense and Time
47.5.1 The arbitrator's fees and expenses, if any, shall be borne equally by the parties. If possible, the arbitration hearing will be held on the NRC's premises during the regular day-shift hours of the basic workweek.
47.5.2 The grievant and grievant's Chapter representative shall be allowed official time to attend the arbitration proceedings. All bargaining unit employees with relevant and necessary information who are called as witnesses, and who are on active duty status, shall receive official time to the extent necessary to testify in the arbitration proceedings without loss of pay. The NRC will grant the employee's request for official time to be excused from duty provided such absence does not cause a severe work interruption.
47.5.3 A verbatim transcript of the arbitration proceedings shall be made unless the parties mutually agree that one is not needed. The cost of the court reporter will be shared equally by the Parties, with each Party bearing the cost of its own copy of the transcript. Copies of transcripts will be sent simultaneously to the Parties and the arbitrator.
47.6 Arbitrator Responsibility
47.6.1 An arbitrator will issue a decision within 30 calendar days after the close of the record.
47.6.2 The jurisdiction and authority of the chosen arbitrator will be confined exclusively to the interpretation of the provision or provisions of the Agreement at issue between the parties. The arbitrator will have no authority to add to, subtract from, alter, amend or modify any provision of this Agreement.
47.6.3 The arbitrator shall have the authority to:
47.6.3.1 administer oaths, 47.6.3.2 rule upon offers of proof and receive relevant evidence, 47.6.3.3 limit lines of questioning of testimony which are immaterial, irrelevant or unduly repetitive, 47.6.3.4 regulate the course of the hearing and, if appropriate, exclude from the hearing persons who engage in misconduct or cause disturbance, 47.6.3.5 strike any or all related testimony of witnesses who refuse to answer any questions ruled to be proper, 47.6.3.6 hold conferences to discuss simplification of the issues and possible settlement with the consent of the parties, 47.6.3.7 request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof, and 47.6.3.8 address unresolved issues of grievability and arbitrability. Either party may assert by pre-hearing motion and response that a matter presented for arbitration was not grievable or is not arbitrable on grounds that it was untimely filed or that the matter is excluded by the terms of this Agreement or by law. The arbitrator will have the authority to make a decision based on the motion and response, bifurcate the hearing to decide the issue of grievability or arbitrability prior to proceeding with the hearing on the merits of the case or hear the issue of grievability or arbitrability as part of the full case.
47.6.4 The arbitrator shall not have the authority to:
47.6.4.1 require the attendance or testimony of witnesses not called by either party. 47.6.4.2 require the production of documents not offered in evidence by either party. 47.6.4.3 make an independent investigation of the matter, other than at the hearing. 47.6.4.4 add to, subtract from, alter, amend or modify any provision of this Agreement; 47.6.4.5 address any matters excluded from the grievance procedure, regardless of the specific allegation(s) or issue(s) raised; 47.6.4.6 consider new violations raised by the grievant that he/she had not previously raised, in writing, at or before the Step B grievance meeting.
However, the arbitrator has the authority to grant a Party's motion that the arbitrator draw an adverse inference when the other Party fails to produce facts, documents or witnesses that the arbitrator deems necessary and relevant.
47.6.5 The arbitrator shall possess the authority to prescribe remedies to the extent provided under pertinent laws, rules, and regulations. An arbitrator has the authority to award reasonable attorney fees in accordance with applicable law.
47.6.6 The decision of the arbitrator will be final and binding. However, either Party may file an exception to the arbitrator's decision with the Federal Labor Relations Authority (FLRA) in accordance with the FLRA's regulations.
47.7 Burden of Proof
The grievant, i.e., moving party, has the burden of proof regarding the merits of the grievance by a preponderance of the evidence with the following two exceptions: NRC has the burden of proof regarding a performance-based action by substantial evidence in accordance with Chapter 43 of the Civil Service Reform Act, and a disciplinary or adverse action by a preponderance of the evidence in accordance with Chapter 75 of the Civil Service Reform Act.
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Article 48 Trial Period Employees
48.1 Duration
The trial period for new preference-eligible NRC employees, as defined in 5 U.S.C. 2108, is one year. The trial period for new non-preference eligible 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 tenth or twentieth month of his/her trial period, depending on whether that period is one or two years. 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.
48.2 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:
48.2.1 A letter of termination will be issued by a management official stating the (a) date of termination; and (b) reasons for termination. The employee will be provided the original and a copy of the letter of termination.
48.2.2 Except when circumstances dictate delivery by certified mail, the letter of termination shall be delivered to the employee by a manager in the employee's chain of command as soon as possible after its preparation, but no later than the close of business on the last day of the trial period. When practicable, the employee will be allowed to express his or her views on the reasons provided for the termination when the letter of termination is delivered. However, a decision by the NRC that a trial period employee is terminated is final and is neither grievable nor arbitrable.
48.3 An employee who believes this action has been based on illegal discrimination may consult with an EEO Counselor.
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Article 49 Reduction In Force (RIF)
49.1 Advance Notification of RIF
If the NRC decides to initiate a RIF, it shall notify the NTEU of the proposed RIF as far in advance as possible to provide the NTEU an opportunity to suggest alternatives to the RIF.
49.2 Follow-up Notification
If the NRC still intends to initiate a RIF, the NRC will provide a written notice to the NTEU informing them of the NRC's intention. This notice shall contain the following: the proposed effective date(s), competitive level(s), area(s), position(s), the names of the affected employee(s), and the reasons for the RIF.
49.3 Impact and Implementation Bargaining
Upon receipt of the notice, and in accordance with Article 42, the NTEU may submit proposals for bargaining over any substantive issues as well as the impact and implementation of the RIF, to the extent permitted by law.
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Article 50 Meetings with New Employees
50.1 Content and Duration
The NRC will permit the Union up to 30 minutes of official time to address new employees during the NRC orientation session, or similar group meeting with new employees. 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.
50.2 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.
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Article 51 Union Representatives
51.1 Notices and Other Communications
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 the President of Chapter 208 (with attachments). The Union shall send all such communications to the appropriate NRC management official (e.g., first line supervisor for employee grievances) with a copy to the Chief, Employee/Labor Relations and Work Life Branch, Office of Human Resources (HR), NRC.
51.2 Authority
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.
51.3 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 52 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.
51.4 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.
51.5 Steward Listing
The Union agrees to provide the Chief, Employee/Labor Relations and Work Life Branch, a list of stewards and alternate stewards, as described in Sections 51.3 and 51.4, within 10 workdays after the effective date of this Agreement.
51.6 Steward Changes
The Union agrees to provide to the Chief, Employee/Labor Relations and Work Life Branch, 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 for whom notice has not been received.
51.7 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.
51.8 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.
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Article 52 Official Time
52.1 Official Bank Time Limitations
In addition to any official time to which Union representatives, as defined in Section 51.3, 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 52.4, but in no event will the total official bank time allowed the 13 Union representatives (not including the NTEU Chapter President) at NRC Headquarters exceed a total of 3,300 hours each 12-month period beginning from the effective date of this Agreement.
52.2 Headquarters Official Bank Time Allocation
The maximum of 3,300 hours of official bank time per agreement year shall be allocated among 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:
52.2.1 The Chapter Executive Vice-President is allocated a maximum of 500 hours; 52.2.2 The Chief Steward is allocated a maximum of 500 hours; 52.2.3 Each of the remaining Headquarters stewards is allocated a maximum of 150 hours, except as provided below; and 52.2.4 The President of NTEU Chapter 208 by notice in writing to the Chief, Employee/Labor Relations and Work Life Branch, 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.
52.3 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.
52.4 Official Bank Time Functions
Time spent in performing the following representational functions shall be charged against official bank time:
52.4.1 Confer with affected unit employees about matters for which they can receive remedial relief under this Agreement;
52.4.2 Prepare and investigate grievances, including interviewing of witnesses;
52.4.3 Prepare for arbitration;
52.4.4 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;
52.4.5 To prepare and issue reports required by the Department of Labor;
52.4.6 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
52.4.7 To maintain Union office hours (agency hours) in the main NTEU office.
52.4.8 Reasonable time spent traveling to and from activities identified in this section.
52.5 Official Time Functions
The parties agree that the NTEU Chapter President will be permitted to charge 100% of his/her time to official time. Other Union representatives at NRC Headquarters and Regional Offices are granted reasonable official time for the following matters only, 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):
52.5.1 For one Union representative to attend any formal discussion pursuant to 5 U.S.C., Section 7114(a)(2)(A);
52.5.2 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;
52.5.3 For one Union representative to attend any grievance meeting and any arbitration hearing in case of an appeal;
52.5.4 For one Union representative to represent an employee with respect to a reply to a notice of proposed disciplinary or adverse action, or a notice of proposed removal or reduction in grade based on unacceptable performance; and
52.5.5 Notwithstanding the limits set forth in 52.5.1 - 52.5.4, two representatives will be allowed to attend to attend the final step (Step B) meeting of any grievance or any arbitration hearing. In addition, an additional steward will be permitted to attend a grievance meeting or oral reply, as an observer, as part of steward training when the additional steward has served as a steward for less than a year or the grievance involves a novel issue.
52.5.6 For a number of Union representatives equal to the number of management 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
52.5.7 To participate in other meetings with management representatives;
52.5.8 Time spent in traveling to and from the places where discussions or meetings are to be held as set forth above.
52.6 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 10 minutes. He/she will specify the purpose by referencing the appropriate provision of (either Sections 52.4 or 52.5), 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. 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. Official time usage is work time and must be documented completely and accurately in the HRMS (Time and Labor) using the four prescribed activity codes.
52.7 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.
52.7.1 Employees who are complainants, witnesses, or representatives will be allowed duty time to attend:
52.7.1.1 grievance step meetings and hearings before arbitrators, the MSPB, FLRA, and other government agencies authorized to review employment related matters;
52.7.1.2 meetings with management officials or investigators related to the underlying issues raised in these matters;
52.7.1.3 employees who are complainants, witnesses, or representatives will be allowed reasonable duty time to prepare for the matters described above.
52.7.2 Employees who are complainants, witnesses, or representatives will be allowed reasonable duty time to attend:
52.7.2.1 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).
52.7.3 Employees who are complainants, witnesses, or representatives in the EEO process (29 CFR Part 1614) will be allowed duty time to attend meetings and hearings with management officials or EEOC Administrative Judges.
52.7.4 Employees will be allowed up to one hour of duty time each quarter to attend briefings from the Union concerning representational matters and to discuss other conditions of employment.
52.7.5 Requests for duty time or reasonable duty time as described in 52.7.1, 52.7.2, 52.7.3 and 52.7.4, 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.
52.7.6 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.
52.8 Official Time Disputes
If a dispute arises about the amount of time used under Section 52.5, the time will be carried under bank time until the dispute is settled.
52.9 Credit Hours
To the extent permitted by Article 6, Hours of Work, union representatives, as defined in Article 51, may earn credit hours (but not overtime or compensatory time) while performing representational functions for which official time is authorized. Credit hours earned while performing representational functions are charged to one of the four prescribed activity codes.
52.10 Internal Union Business
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, bulletin boards or website.
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Article 53 Union Access to NRC Facilities
53.1 Union Office Space
Depending upon the continuing availability of space, 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, table, a four or five drawer lockable file cabinet, a bookcase, four chairs, three computers configured similarly to agency employees' systems and one LAN printer. 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, furniture and equipment, consistent with applicable building and security regulations. NRC agrees that each Union official shall be provided with a lockable desk or a lockable file cabinet.
The agency will also continue to provide the Union with an office of convenience in the Two White Flint North building.
53.2 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.
53.3 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.
53.4 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. 53.5 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.
53.6 Use of Computer Systems
NRC computer systems are to be used in accordance with agency and Federal policies and regulations. The Union may use the NRC's e-mail system for communications for labor relations and representational purposes. The Agency will provide the Union with an e-mail account for its exclusive use. 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 management official or other NRC employee. The Union is not permitted to use NRC computer systems to lobby Congress.
The Agency will also provide a mechanism for the Union to send e-mail announcements directly to all current bargaining unit employees and which does not result in "out-of-office" replies to the Union's e-mail account. NTEU announcements will be distributed with a header and footer developed by NTEU clearly identifying the Union as the source of the announcement. Such announcements will be distributed no later than 9:00 p.m. on the date issued. If the Agency is unable to maintain and provide a distribution list of bargaining unit employees updated at least biweekly, then NTEU messages will be sent by the Agency via the all employee distribution list until such time as the Agency updates the distribution list of bargaining unit employees.
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Article 54 Union Access to NRC Services
54.1 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.
54.2 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.
54.3 Intra-agency Mail
"U.S. Government Messenger Envelope," "To be Opened by Addressee Only," envelopes, "blue bag," or their equivalents, 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.
54.4 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 Chief, Employee/Labor Relations and Work Life Branch will be included on the distribution list.
54.5 Collective Bargaining Agreement Distribution
NRC agrees to make this Agreement available to all employees on the intranet. NRC also agrees to furnish to the Union 100 printed 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 printed copy of this Agreement on the first workday the new employee enters on duty.
54.6 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. 54.7 Management Directives
NRC will make all NRC Management Directives concerning personnel policies, practices, and conditions of employment available to employees on the Agency intranet. NRC will also provide an index of all Management Directives with related Yellow Announcements on the Agency intranet. As Management Directives are updated, a direct link will be provided to any related Yellow Announcements. 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 Distribution of Printed 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-work 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 or any other NRC employee. The Union agrees to provide a copy of the material to be distributed to the Chief, Employee/Labor Relations and Work Life Branch, reasonably in advance of distribution for informational purposes only; any alleged violations of the terms of this section may be addressed under the negotiated grievance procedure. 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.
54.9 NTEU Representative Pictures
In each NRC building, 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.
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Article 55 Bulletin Boards
55.1 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.
55.2 Video Displays
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, Employee/Labor Relations and Work Life Branch. The Union will not use this medium for recruitment purposes.
55.3 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.
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Article 56 Dues Withholding
56.1 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:
56.1.1 Who are members in good standing in the Union;
56.1.2 Who are assigned to positions in the bargaining unit;
56.1.3 Who have voluntarily completed Standard Form (SF) 1187, Request for Payroll Deductions for Labor Organization Dues; and
56.1.4 Who receive compensation sufficient to cover the total amount of the allotment.
56.2 Remittance
Remittances will be made payable to the NTEU and will be transmitted within eight (8) workdays of the close of a pay period, as directed by the Union.
56.3 Certification
The NTEU National President or any Chapter Officer who has submitted proper notification to the Chief, Employee/Labor Relations and Work Life Branch, is authorized to make the necessary certification of SF-1187.
56.4 Union Responsibilities
The Union agrees to assume responsibility for:
56.4.1 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.
56.4.2 Purchasing and distributing to its members SF-1187 and the accompanying statement required under the Privacy Act of 1974.
56.4.3 Informing the Chief, Employee/Labor Relations and Work Life Branch, of changes in Sections 56.2 and 56.3 of this section.
56.4.4 Forwarding properly executed and certified SF-1187 to the Chief, Benefits and Employee Services Branch (BESB), on a timely basis.
56.4.5 Forwarding an employee's revocation (memorandum of SF-1188, Cancellation of Payroll Deductions of Labor Organization Dues) to the Chief, BESB when such revocation is submitted to the Union.
56.4.6 Informing the Chief, Employee/Labor Relations and Work Life Branch, of the name of any participating employee who has been expelled or ceases to be a member in good standing in the Union within 14 calendar days of the date of such final determination.
56.4.7 Informing the Chief, Employee/Labor Relations and Work Life Branch, of any change in the amount of membership dues.
56.4.8 Protecting any personally identifiable information (PII), e.g., social security numbers, that is provided to it under this Article in accordance with applicable law and regulation.
56.5 Agency Responsibilities
The NRC agrees to assume responsibility for:
56.5.1 Upon receipt of a properly certified SF-1187, BESB will document receipt of the form and initiate payroll deduction for dues withholding beginning the pay period after receipt.
56.5.2 Withholding dues on a biweekly basis.
56.5.3 Beginning with the first full pay period 6 months after this agreement is signed and continuing biweekly thereafter, the following information will be provided within 9 calendar days of the close of each pay period (in a mutually agreed format):
Social Security Number Chapter number First name Last name (left justified) Dues withholding amount Seasonal W.A.E. identification Dues Withholding Code Grade Step Pay Plan National Dues Amount Chapter Dues Amount Bi-weekly Salary
Dues Withholding Codes:
"D" = continuing "E" = no dues deduction because employee's compensation insufficient to permit a deduction "F" = new allotment "G" = revocation "H" = separation "I" = pay adjustment "J" = movement out of recognition area "K" = W.A.E. to non-duty "L" = temporary movement out of recognition area "M" = reinstatement of allotment after return from temporary movement out of recognition area "N" = Non-Duty Status (Seasonal Continues to be in Non-Duty Status) "R" = Retirement
56.5.4 Notifying the employee and the Union when the employee is not in the bargaining unit.
56.5.5 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.
56.5.6 Transmitting payment for dues withholding amounts to the allottee designated by the Union.
56.5.7 Transmitting dues withholding information pursuant to Section 56.5.3 to the NTEU National Office.
56.5.8 Having the BESB, upon receipt of a properly executed SF-1188 or other revocation document, stamp the date received on the form or other revocation document.
56.5.9 Having the BESB provide local NTEU Chapters with a copy of SF-1188 or other revocation documents received within a reasonable time.
56.5.10 Providing the information specified in Section 56.5.3 to the local chapter as soon as practicable.
56.5.11 An employee changing to a (G) revocation, (H) separation, (J) movement out of the recognition area, (L) temporary movement out of the recognition area, or (R) retirement, 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.
56.6 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.
56.7 Allotment Processing
The parties agree that:
56.7.1 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.
56.7.2 The Union will pay no fee for these services.
56.7.3 Corrections of administrative errors in remittances normally will be made within four weeks of discovery. If the Union is not scheduled to receive a remittance after discovery of the error, the Union agrees to promptly refund the amount of erroneous remittance.
56.8 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 BESB.
56.9 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 Employee/Labor Relations Work Life Branch, as long as the amount has not been changed during the past twelve months.
56.10 Termination
56.10.1 Termination due to loss of membership in good standing will begin the first full period after the date of receipt of notification in the Employee/Labor Relations Work Life Branch.
56.10.2 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.
56.11 Insufficient Amounts
56.11.1 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.
56.11.2 The adjustment will be shown on the employee's earnings and leave statement covering the pay period in which the error was corrected.
56.12 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. If the employee's assignment to a non-bargaining unit position is temporary, dues withholding will be reinstated effective the first pay period after the employee is returned to a bargaining unit position.
NRC agrees to provide NTEU a listing of employees that have had their dues involuntarily cancelled as soon as practicable.
56.13 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 beginning of 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 beginning of 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.
Unformated CBA for Ratification - Agency will publish
with table of contents, index, page numbers, etc.
Article 57 Duration
57.1 Duration
57.1.1 This Agreement shall remain in effect for a period of four years from its effective date and shall be automatically renewable for additional one year periods unless either Party notifies the other Party, in writing, at least sixty calendar days, but not more than one hundred five calendar days prior to the expiration date of its intention to re-open, amend, modify, or terminate this Agreement. Such written notice shall be accompanied by proposed ground rules or a statement of the provision(s) in the Agreement that the Party desires to modify.
57.1.2 When the agreement is reopened in accordance with this Article, either party may terminate an Agreement provision that is permissively negotiable. Any provision of the Agreement that conflicts with a government-wide regulation that took effect during the term of this Agreement will be brought into compliance with that regulation, subject to any bargaining obligations regarding that change. Such changes shall be effective upon conclusion of any required negotiations over impact and implementation.
57.1.3 When notice of desire to re-open, amend, modify, or terminate is given, the Parties shall confer within fourteen calendar days to schedule a meeting for the purpose of negotiating ground rules for the conduct of negotiations on a new Agreement. This meeting should occur no later than thirty calendar days prior to the expiration date of this Agreement.
57.1.4 Except as provided in Section 57.1.2 of this Article, if negotiations on a new Agreement are not concluded prior to the expiration date, this Agreement shall continue in full force until a new Agreement has been approved.
57.2 Reopeners
Either party may reopen up to four (4) articles of this agreement by serving proposals on the other party during the twenty-fourth (24) month of this agreement (calculated from its effective date).