Negotiated Agreement between the
Ames Federal Employees Union
Affiliated
with the
International
Federation of Professional and Technical Engineers (AFL-CIO)
as
IFPTE Local 30
and the
NASA Ames Research Center
Moffett Field, California 94035-1000
Annual Review Update August 3, 2004
REPRESENTATION RIGHTS AND DUTIES
TITLE 5 U.S. Code Section 7114
Ò(a)(2)
An exclusive representative of an appropriate unit in an agency shall be given
the opportunity to be represented at:
Ò(A) any formal discussion
between one or more representatives of the agency and one or more employees in
the unit or their representatives concerning any grievance or any personnel
policy or practices or other general condition of employment; or
Ò(B) any examination of an
employee in the unit by a representative of the agency in connection with an
investigation if:
Ò(i) the employee reasonably
believes that the examination may result in disciplinary action against the
employee; and
Ò(ii) the employee requests
representation.Ó
TABLE OF CONTENTS
I RECOGNITION AND UNIT
DESCRIPTION
II RESTRICTIONS OF LAW
AND REGULATIONS
IV UNION RIGHTS AND
REPRESENTATION
VII WORK SCHEDULES AND
HOURS OF DUTY
XI
ENVIRONMENT, HEALTH AND SAFETY
XIII COMPETITIVE
PLACEMENT PLAN (CPP)
XIV CONTRACTING OUT OF
BARGAINING UNIT WORK
XV PERFORMANCE PLANNING
AND APPRAISAL
XVI POSITION
DESCRIPTIONS AND CLASSIFICATION APPEALS
XVII EQUAL EMPLOYMENT
OPPORTUNITY
XX EMPLOYEE ASSISTANCE
PROGRAM
XXI DUES WITHHOLDING
AGREEMENT
XXII REASSIGNMENTS AND
TRANSFERS
XXIII INTERGOVERNMENTAL
PERSONNEL ACT ASSIGNMENTS (IPA)
XXVII TRAINING AND
EMPLOYEE DEVELOPMENT
XXX LABOR / MANAGEMENT
PARTNERSHIP
XXXII POSITIVE WORK
ENVIRONMENT
XXXIV OFFICE MOVES AND
WORKSPACE RELOCATION
This agreement is entered into between the Ames Research Center, Moffett Field,
California, of the National Aeronautics and Space Administration, hereinafter
referred to as the Center, and the Ames Federal Employees Union (affiliated with the International Federation of Professional and Technical Engineers as IFPTE Local 30), hereinafter referred to as the Union.
It is the intent and purpose of the parties to this Agreement to promote and improve
the efficient administration of the Federal Service and the well being of employees
within the meaning of the Civil Service Reform Act of 1978, to establish a basic
understanding relative to personnel policy, practices, and procedures and matters
affecting conditions of employment that fall within the lawful scope of collective
bargaining and deemed necessary by the Director, Ames Research Center, and to
provide a means for amicable discussion and adjustment of matters of mutual interest
at the Ames Research Center, Moffett Field, California.
In order to provide a forum for constructive discussions, both parties agree that all meetings will be conducted in an atmosphere of courtesy and mutual respect.
1. Neither
the Union nor the Center shall discriminate in any matter under this contract
on the basis of race, color, religion, national origin, marital status, sex,
sexual orientation, age, non-disqualifying disability, union affiliation, or
political affiliation.
2. No employee shall fear reprisal for exercising a right under this contract.
In consideration of the mutual covenants herein set forth, the parties hereto, intending
to be bound hereby, agree as follows:
Section 1. Recognition—The Center
recognizes the Union as the exclusive bargaining agent, under the provisions of
Title 5, U.S.C., for all employees of NASA in the bargaining unit located at
NASA Ames Research Center (as described in Section 2), including employees
located at sites other than Moffett Field. The Union recognizes its
responsibility to represent interests of all employees of this bargaining unit
according to the articles of this Agreement without discrimination, and without
regard to Union membership.[1]
Section 2. Collective Bargaining Unit—The unit to which this agreement is applicable consists of permanent and term:
a. Wage Grade employees (WG, WL & WD), less
supervisors (WS).
b. General Schedule professional and all General
Schedule nonprofessional employees of the National Aeronautics and Space
Administration, Ames Research Center, Moffett Field, California, excluding
management officials, supervisors, and employees described in 5 U.S.C.
7112(b)(2), (3), (4), (6), and (7)[2]
which states:
Ò(2) a confidential employee;
Ò(3) an employee engaged in personnel work
in other than a purely clerical capacity;
Ò(4) an employee engaged in administering the provisions of this
chapter;
Ò(5) any employee engaged in intelligence, counterintelligence,
investigative, or security work which directly affects national security; or
Ò(7) any employee primarily engaged in
investigation or audit functions relating to the work of individuals employed
by an agency whose duties directly affect the internal security of the agency,
but only if the functions are undertaken to ensure that the duties are
discharged honestly and with integrity.Ó
Section 3. Union Membership—Neither the Center nor the Union will restrain, coerce, or interfere with any employee in the exercise of his or her rights to join or to refrain from joining the Union; nor because of membership or non-membership in the Union, or participation in activities on behalf of the Union (which are set forth in 5 U.S.C. Chapter 71, as amended, NASA regulations or this agreement). No employees shall be required to pay dues to the Union, except through voluntary membership established by written authorization by a member of the bargaining unit for payroll deductions, or by written application for membership.
Section 1. Applicable Laws, Rules, and Regulations—It is agreed and understood by the Center and the Union that this agreement is subject to the provisions of 5 U.S.C. and any applicable amendments or other Federal statutes. It is also subject to government-wide rules and regulations published by cognizant Federal authorities such as the Federal Labor Relations Authority, the Department of Labor, the Office of Management and Budget, the Office of Personnel Management.[3]
Section 2. Bargaining in Good Faith—It is understood by the Center and the Union that subject to the provisions of 5 U.S.C. 7117, both parties to this agreement shall bargain in good faith upon any and all rules and regulations that are not inconsistent with any Federal law or government-wide regulation.
Definition—Where this contract refers to a management official, it shall be understood to mean the management official or a designee, as stated in writing.
Section 1. Management Authority—It is agreed that Center management retains the right, in accordance with applicable laws and regulations, to exercise the functions and authorities of management, and that these functions and authorities are not subject to negotiation under the provisions of 5 U.S.C. 7106, or the terms of this Agreement. This authority includes but is not limited to the following rights:
a. to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and
b. in accordance with applicable laws:
(1) to hire, assign, direct, layoff, and retain
employees in the agency, or to suspend, remove, reduce in grade or pay, or take
other disciplinary action against such employees;
(2) to assign work, to make determinations with
respect to contracting out, and to determine the personnel by which agency
operations shall be conducted;
(3) with respect to filling positions, to make
selections for appointments from:
(i) among properly ranked and certified candidates for promotion; or
(ii) any other appropriate source; and
(4) to take whatever actions may be necessary to
carry out the agency mission during emergencies.
Section 2. Scope—In accordance with 5 U.S.C. 7106 (b), nothing shall preclude the Center and the Union from negotiating:
a. at the election of the Center, 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;
b. procedures which management officials of the Center will observe in exercising any authority under this section; or
c. appropriate
arrangements for employees adversely affected by the exercise of any authority
under this section by such management officials.
Section 3.
Consultation—During the formulation and/or implementation of
new policies, or changes in existing policies, concerning conditions of
employment, management may consult proactively with the Union.
Annual Review Amendment August 3, 2004
Definition—Where this contract refers to a Union official, it shall be understood to mean the Union official or a designee, as stated in writing.
Section 1. Exclusive Representative—The Union is the exclusive representative of the collective bargaining unit. Both the Union and Center agree to consult and negotiate in good faith on all matters that directly relate to conditions of employment of bargaining unit employees.
a. Representation may occur at any level of Center or Union authority, but resolution of controversy should begin at the lowest level management official and Union official having authority to act. If either party feels a matter is beyond its jurisdiction or capability, either party may refer the matter to a higher authority.
b. Management will recognize the duly elected officers of the Union and representatives designated by the Union, including stewards. The Union will supply the Center up-to-date lists of the Union officers and officials, including the stewards and assigned areas of representation. The Union may post the list of Local officers, officials, and stewards on official bulletin boards.
(1) Stewards: Stewards shall represent
the Union and the bargaining unit at large. The number, representational areas,
and assignments of stewards shall be at the sole discretion of the Union.
Any steward or official of the Union may receive, investigate, prepare and present employee complaints, grievances or appeals during official time. An employee may request a steward from another line organization for representation; however, the assignment shall be at the discretion of the Chief Steward, and may be made without regard to a stewardÕs assigned area.
(2) Union representatives shall have the
discretion to determine the means by which representational matters are
resolved, and will make reasonable efforts to use economical means of
communication and transportation to resolve these matters.
c. Management agrees to recognize representatives of the IFPTE International Office in lieu of or in addition to officials of the Union local.
Section 2. Union Representation—Representation includes the right of the Union:
a. to represent the interests of the bargaining unit to representatives of the Federal, State, County and Municipal governments on legislation, policy or change in policy affecting the employees or their conditions of employment;
b. to negotiate policy and resolutions of problems with the Center and such meetings shall be scheduled during the Center's core business hours of 9:00 a.m. to 3:30 p.m. unless agreed otherwise by the attending Union and Management representatives;
c. to be represented at all formal discussions between management and one or more employees conducted to resolve grievances of members of the bargaining unit. A Union representative shall be permitted to present the views of the Union during the discussions;
d. to represent an employee or group of employees in a grievance or appeal, or when raising matters of concern or dissatisfaction with management; notwithstanding an employee or group of employees may present a grievance without representation by the Union. The Union has the right to representation at all such formal grievance meetings. Adjustments to grievances must be consistent with the terms of this Agreement. The Union may request and have access to the grievance file and any other information as required by law. The Union will be provided copies of all decisions;
e. to represent the employees with Union membership on the Ames Exchange Council and the Equal Employment Opportunity Council with one position and one alternate.
f. to advise all bargaining unit members of their right to Union representation. The Union may utilize the CenterÕs internal telephone and mail systems, including electronic mail, for such notices.
Section 3. Union-Management Meetings—Union-Management meetings may be requested by either party. Requests for meetings must include an agenda (written or oral), and relevant information should be exchanged in advance for preparation by both parties. Meetings will be conducted during official time.
Section 4. Formal Discussions4 —The Center recognizes that it is the right of the Union to have the opportunity to have a representative present at any formal discussion between one or more representatives of the National Aeronautics and Space Administration and one or more employees in the bargaining unit or their representatives concerning any grievance, personnel policy, practices or other general condition of employment. The Union President, or designee, shall be notified in advance of such a meeting with reasonable time to select a representative to be present. Representation by the Union at meetings called by management shall be at the sole discretion of the Union President or designee.
If a meeting that might not begin as a formal discussion evolves into a formal discussion, further discussion on that issue must be deferred to give an opportunity for a Union representative to attend.
Section 6. Union Requests for Information—The Union may request information from the CenterÕs Labor Relations Officer in accordance with 5 U.S.C. 7114(b)4. The Center shall provide such information to the requester in a reasonable and timely manner.
Section 7. Official Time—Union officers and officials, including stewards, shall be granted reasonable amounts of official time during duty hours to effectively represent employees and to ensure protection of employeesÕ rights. Union representatives may not receive overtime compensation for representational duties. However, overtime is permitted if the employee is already in overtime duty status when the representational duties must be undertaken. Union officials are not expected to use personal time to represent employees. A union official is responsible for notifying the supervisor in a timely fashion of the use of official time. The union official will provide an estimate of the time required. A supervisor may deny the official time in the event that the supervisor can factually demonstrate that the use of such time will adversely impact the mission and no alternate arrangements can be made. In such a case, the supervisor will inform the union official as to when they may take the official time. If the supervisor of a Union representative believes that any aspect of a representativeÕs performance of Union work interferes unduly with official Center duties, the matter will be discussed directly by the supervisor and the representative. If the dispute cannot be resolved, the matter shall be referred to the Chief Steward or Union President and the Labor Relations Officer.
a. Negotiations shall be conducted on official duty time. This shall include preparation and presentation to management, the Federal Mediation and Conciliation Service, the Federal Impasses Panel, and the Federal Labor Relations Authority.
b. Reasonable time will be granted for receiving, investigating, preparing, presenting, and concluding grievances and statutory appeals; e.g. EEO, MSPB, GAO, and FLRA in accordance with 5 U.S.C. 7131(c). The amount of reasonable time will depend on the complexity of each case; e.g., the nature of allegations and supporting evidence; availability of documents and witnesses; and similar considerations.
c. Reasonable time for reviewing the CenterÕs proposals concerning changes in personnel policies, practices, and matters concerning working conditions shall be accorded to Union officials.
d. Union officers, stewards, and representatives shall be allowed reasonable amounts of official time for matters of mutual concern and benefit to the Center. Such matters may include performing representational duties, attending Union conferences and training on employee-management relations, lobbying to represent the interests of the bargaining unit to government representatives on labor issues, and meeting with other Union officials regarding representational functions. Requests for use of this time will be submitted to the Labor Relations Officer. The Union will be allowed to use the Center's available facilities and equipment for such functions.
e. Job order numbers dedicated to accountability of Union activities shall be assigned by the Center for use by Union officials for performance of duties during official time and shall be accurately reported in the time and attendance reports.
f. Use of official time will not be limited to the confines of Ames Research Center, but will allow representatives to travel in accordance with the needs of individual cases (e.g. other Ames locations, meetings and hearings conducted by FLRA, MSPB, EEO, GAO, arbitrators, etc.).
Section 8. Travel and Per Diem Expenses—The Center shall reimburse the Union for travel and per diem expenses for representational duties subject to budgetary limitations.
Section 9. Membership Drives—The Union may conduct membership drives. The solicitation of membership shall be performed during the time the Union representative is in non-duty status including break times and lunch time. The Union may use available space and equipment in such drives. The Union may use internal communications and mail distribution.
Section 10. Restraint—There shall be no restraint, coercion, or discrimination against any Union official because of the performance of duties in consonance with this Agreement or 5 U.S.C. Chapter 71; or against any employee for filing a complaint or acting as a witness under this Agreement, the law or applicable regulations.
Section 11. Employee Orientation—All employees will be notified of their bargaining unit status and that the Union is the exclusive representative of the bargaining unit. The Chief of the Human Resources Division shall notify the Union of the orientation schedule. The Union may send a representative who may provide information and answer questions on the UnionÕs representational duty.
Section 12. Distribution of the
Agreement—The Center shall distribute a copy of this Agreement, and
amendments thereto, to each employee of the bargaining unit, to management, and
to all new employees in the bargaining unit; plus an additional two hundred and
fifty (250) copies of the Agreement to the Union for its own use.
Section 13. Union Office
Facilities—The Center agrees to provide to the Union sufficient space
in a central location at Ames Research Center to be used for a Union office,
Union meetings, and other appropriate activities. Furniture, equipment, and
services necessary for conducting official business and meetings shall be
provided by the Center for use by the Union.
Section 14. Bulletin Boards—With appropriate discretion, the Union may post union information, newsletters, and notices on the bulletin boards. The Center will provide bulletin boards, when requested by the Union, as necessary and within budgetary constraints.
Section 15. Lists of Employees
and Members—The Center agrees to furnish to the Union:
a. at least quarterly, an up-to-date electronic listing of all employees in the bargaining unit (in a mutually acceptable electronic spreadsheet format), showing first name, middle initial or name, last name, position title, office phone number, mail stop, organization code, NASA code, and official station. The Union will receive notification in a timely manner when an event occurs that affects a minimum of five percent of the bargaining unit.
b. for each pay period, a list of Union members in a mutually acceptable electronic spreadsheet format who have authorized automatic withholding of dues on a Standard Form 1187 "Authorization to Withhold Union Dues".
Section 16. Union Officer's Work Hours—The President or designee of the Union will not be required to work any shift other than a day shift. Participation in discussions with Center management or active participation in resolving grievances or problems takes precedence over normal work. The Union President, Vice President for Legislative Affairs, Vice President for Negotiations, Vice President for Safety and the Chief Steward or designees shall be allowed an average of at least four hours of official time per day to conduct Union business and to perform the representational duties associated with their positions. The procedural requirements for use of official time shall be the same as set forth in Section 7.
The Center and the Union agree to mutually establish and maintain an environment that protects health and human dignity, assures fair and equal treatment of employees, and promotes good workmanship and high standards of employee performance. Each employee shall enjoy the right:
a. to be informed of all matters affecting conditions of employment
b. to be informed of the laws, rules, regulations and policies under which they are obligated to work;
c. to a harmonious environment free from unlawful discrimination, harassment, animosity, and fear of harm; and
d. to a healthful and safe work environment.
Employees may exercise the rights and provisions of this Agreement without intimidation, threat or coercion. For purposes of this Agreement, the term Òintimidation, threat, or coercionÓ includes, but is not limited to promising to confer or conferring any benefit (such as appointment, promotion, compensation, settlement, or redress), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
Section 1. Employee Protections
a. The Center shall respect each employeeÕs constitutional rights.
b. Unannounced searches by the Center of an employeeÕs computer, file cabinet, desk, or other repository of government-owned equipment, materials, or records, pursuant to an investigation of work-related misconduct, will be conducted in accordance with Chief Counsel guidance and established internal security practices. The Center will make every reasonable effort, if consistent with its internal security practices, to have the employee and/or a Union representative present when conducting such searches. This provision does not preclude managementÕs right to retrieve materials necessary for the timely conduct of the work.
c. Any change in NASA policy concerning the use of polygraphs will be negotiated with the Union.
Section 2. Nondiscrimination—The Center and the Union agree that no employee shall be subjected to discrimination or harassment because of race, color, religion, gender, sexual orientation, national origin, age, marital status, non-disqualifying disability, Union affiliation, or lawful political affiliation.
Section 3. Respect—Every employee has the right to be treated with courtesy and consideration.
Section 4. Accountability—As a general rule, the Center affirms the right of employees to conduct their private lives as they see fit, and to pursue their individual lifestyles. However, the Center and the Union agree that when employees are off the job they should act in accordance with applicable laws and regulations. Except as required by law or government-wide regulations, employees shall have the right to engage in outside activities and employment of their choosing.[4]
Section 5. Union Membership—Employees in the bargaining unit shall be protected in the exercise of their right, freely and without fear of penalty or reprisal, to join and assist the Union, or to refrain from such activity. Inclusion in the bargaining unit is solely a function of an employeeÕs assigned duties. No duties described under 5 U.S.C. 7112(b) shall be assigned solely to gain exclusion of an employee from the bargaining unit.
Section 6. Employee Communication—Employees may use telephones, personal computers, facsimile machines, and internal mail for communication of comments and information regarding conditions of employment.
Section 7.
Rights to Representation—
a. Investigative Meetings (Weingarten Right): An employee has the right to be represented by the Union at any examination of the employee by a representative of the agency in connection with an investigation:
(1) if the employee reasonably believes
that the examination may result in disciplinary action against the employee,
and
(2) the employee requests representation.[5]
b. Employees
will be notified annually by the Center of the right to have Union
representation during investigative meetings.[6]
In addition, the Center Management will include this notification in an
employee orientation package for new employees
c. Employees may exercise their grievance or appellate rights according to the procedures of this Agreement. The exclusive representation rights of the Union shall not preclude an employee from:
(1) being represented by an attorney or
representative other than the Union, of the employeeÕs own choosing, in any
grievance or appeal action; or
(2) exercising grievance or appellate rights
established by law, rule, or regulation; except in the case of grievance or
appeal procedures negotiated under 5 U.S.C. Chapter 71.[7]
Section 8. Employee Concerns—This Agreement does not prevent any employee, regardless of Union membership, from bringing matters of personal concern to the attention of their supervisor or appropriate Center officials.
Section 9. Career Opportunities—An employee may seek career opportunities or reassignment at any time.
Section 10. Charitable Donations—Employees may choose, solely at their discretion, whether or not to invest their money, donate to charity, or participate in unofficial activities.
Section 11. Posting of Notices—In organizations where employees do not have individual computers, management shall ensure that electronic announcements are printed and either distributed or posted in a prominent area in order to notify employees of issues, opportunities, or announcements.
Section 12. Equipment and Services—The Center shall provide equipment and services essential for employees to perform the duties of their position. Employees should notify and work with their supervisor if required equipment is not readily available. The Center shall make computer hardware and software manuals readily available for the use of employees.
The Center agrees to provide to each employee:
a. access to a telephone with outside line for official calls and authorized personal calls (the CenterÕs policy for telephone calls is included in the Ames Telephone Directory);
b. a name listing in Ames telephone directory and on-line e-mail directory;
c. voicemail, where practicable;
d. the ability to request modifications (or removal) of address from on-line directories;
e. access to a desktop computer or terminal with printer;
f. access
to e-mail and the internet;
g. training on the operation of the hardware and software necessary to do the work;
h. reasonable time to access phone and e-mail.
Section 13. Internet Policy—The impact and implementation of any change in the CenterÕs policy on use of the internet will be negotiated in advance with the Union.
Section 14. Contracting OfficerÕs Technical
Representative (COTR) Responsibility—A COTR shall only perform those
functions that are described in their delegation of authority that is signed by
the cognizant Contracting Officer. In the event the COTR believes that a
contractor is performing in a manner that is inappropriate or incongruent with
the term and conditions of the contract, to limit the COTRÕs liability, he/she
should inform the cognizant Contracting Officer immediately. In addition,
he/she should document these instances in writing. The COTR should request assistance from the supervisor of
record in handling the situation.
Section 15. Prohibited Personnel Practices—The CenterÕs personnel practices are subject to the limitations under 5 U.S.C. 2302 (see inside back cover).
Section 16. Private Space for Counseling—Supervisors shall seek and use available private space for individual counseling.
Section 17. New Programs—The implementation of new programs (e.g., Full Cost Accounting, ISO 9000, IFMP, ODIN) at the Center shall not abridge the rights of employees under this Agreement or under the law.
Section 18. Personnel Regulation Information—The Human Resources Division shall make available to employees and to the Union all current procedural information applicable to any personnel action affecting an employee such as reduction-in-force; classification change; classification appeal; adverse action; performance rating or grievance. Such information shall include OPM position classification standards and qualification standards, Ames Management Issuances, or other documents as appropriate to the action. An employee affected by any of the above actions must be made aware of any time limitations involved.