TABLE OF CONTENTS

ARTICLE                                                                                                               PAGE     

                       

                        Preamble                                                                                        1

                              Witnesseth                                                                                      1

      1                      Recognition and Unit Designation                                                    1

      2                      Rights of Employer                                                                         2

      3                      Rights of Employees                                                                       2

      4                      Rights of Union                                                                               5

      5                      Provisions of Laws and Regulations                                                 6

      6                      Appropriate Matters for Consultation or Negotiation                       7

      7                      Union Representation                                                                      8

      8                      Hours of Work                                                                               12

      9                      Overtime                                                                                        17

      10                    Holidays                                                                                         19

      11                    Sick Leave                                                                                     20

      12                    Annual Leave                                                                                 23

      13                    Leave Without Pay and Excused Absences                                     25

      14                    Promotions and Assignments                                                           26

      15                    Reduction in Force                                                                         28

      16                    Training                                                                                          33

      17                    Safety and Health                                                                           35

      18                    Payroll Withholding of Union Dues                                                  37

      19                    Injury Compensation                                                                       39

      20                    Publicity                                                                                         39

      21                    Committee Assignments                                                                  40

      22                    Travel                                                                                             40

      23                    Disciplinary and Adverse Actions                                                    44

      24                    Negotiated Grievance Procedure                                                    46

      25                    Arbitration                                                                                      50

      26                    Accommodations on Overnight Sea Trials                                       52

      27                    Position and Job Descriptions                                                         52

      28                    Civic Responsibilities                                                                      54

      29                    Equal Employment Opportunity                                                       55

      30                    Restricted Duty Employees                                                             56

      31                    General Provisions                                                                          56

      32                    Duration and Changes                                                                     59

      33                    Contracting Out of Work                                                                61

      34                    Pay Differentials                                                                              62

      35                    Year End Curtailments and Shutdowns                                            63

      36                    Parking                                                                                           64

      37                    Performance Appraisal Program                                                     64

      38                    Adverse Conditions                                                                        70



PREAMBLE

 

Pursuant to the policy set forth in the Civil Service Reform Act of 1978, Public Law 95-454, hereinafter referred to as Title VII, (and subject to all applicable statutes, existing regulations issued by the Office of Personnel Management and existing regulations issued by the agency), the following articles constitute an agreement by and between the Norfolk Naval Shipyard Detachment (Philadelphia) hereinafter referred to as the Employer and/or Activity, and the International Federation of Professional and Technical Engineers, Local 3, hereinafter referred to as the Union.

 

WITNESSETH

 

In consideration of the covenants herein set forth, the parties hereto intending to be bound hereby agree as follows:

 

            Whereas it is the intent and purpose of the parties to promote and improve the efficient administration of the Activity and the well-being of Employees within the meaning of Title VII, and to facilitate a basic understanding relative to personnel policy, practices and procedures and matters affecting other conditions of employment within the jurisdiction of the Employer and to provide means for amicable discussion and adjustment of matters of mutual interest at the Activity.

 

            The Parties recognize that experience in both private and public employment indicates that the statutory protection of 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 their employers involving conditions of employment.  The Parties recognize that labor organizations and collective bargaining in the Civil Service are in the public interest.

 

            Now, therefore, the Parties agree hereto as follows:

 

 

 

ARTICLE 1

RECOGNITION AND UNIT DESIGNATION

 

SECTION 1   The Employer hereby recognizes that the Union is the exclusive representative of all employees in the Unit (as defined in Section 2 below) and the Union recognizes the responsibilities of representing the interests of all such employees without discrimination with respect to grievances, personnel policies, practices and procedures, or other matters affecting their general working conditions, subject to the express limitations set forth elsewhere in this Agreement.

 

SECTION 2  The unit to which this Agreement is applicable is composed of all Non-Supervisory General Schedule (GS) and all wage grade (WD) Planners, Planners and Estimators (P&Es) or Schedulers of the Norfolk Naval Shipyard Philadelphia Detachment.

 

 

 

ARTICLE 2

RIGHTS OF EMPLOYER

 

SECTION 1  Subject to the provisions of Subsection 7106(b) of Chapter 71, Title 7, Federal Service Labor Management Relations Statute, management officials of the Activity retain the right:

A.  To determine the mission, budget, organization, number of employees and

       internal security practices of the Agency.

            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 among properly ranked and certified candidates for promotion; or any other appropriate source.

4.  To take whatever actions may be necessary to carry out the Agency  mission during emergencies.

 

 

 

ARTICLE 3

RIGHTS OF EMPLOYEES

 

SECTION 1  It is agreed that each employee of the Unit shall have the right to form, join, and assist any labor organization, or to refrain from any such activity, freely or without fear of penalty or reprisal and each employee shall be protected in the exercise of such rights.  Such rights include, but are not limited to, the right:

To act for a labor organization in the capacity of a representative, and the right in that capacity, to present views of the labor organization to the heads of agencies, and other officials of the Executive Branch of the Government, the Congress or other appropriate authorities.

To engage in collective bargaining with respect to conditions of employment through representatives as chosen by employees under Chapter 71 of the Statute and this agreement.

 

SECTION 2  The Employer and the Union will not discriminate against any employee in the Unit because of race, color, religion, sex, age, national origin, handicap, or because of membership or non-membership in a labor organization, or due to a member’s active participation in a labor organization.

 

SECTION 3  In accordance with Public Law 93-259, non-exempt employees of the Unit will be covered by the Fair Labor Standards Act as well as other Federal Pay Laws.         

 

SECTION 4  The rights of employees, individually or collectively, through their exclusive representative to publicly petition Congress or a Member of Congress or to furnish information to either the House of Congress or to a Committee or Member thereof, may not be interfered with or denied.   

 

SECTION 5  As part of their orientation, all new employees hired in a position included in the Unit will be informed of the Union’s exclusive recognition.

 

SECTION 6  Any employee in the Unit who is assigned to temporary duty at another activity will be covered by the terms of this agreement to the extent it is administratively feasible.  All such employees will be expected to conform to the rules and regulations in effect at the temporary duty activity.

 

SECTION 7  Nothing in this Agreement shall 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.  The requirements of this Section shall apply to all supplemental implementing, subsidiary, or informal agreements between the Employer and the Union.

 

SECTION 8  An employee who is being examined by one or more representatives of the Agency in connection with an investigation may obtain a Union representative upon request if he/she reasonably believes that the examination may result in disciplinary action against him/her.

A.  The Employer will annually inform all bargaining unit employees of this right above in the form of a notice posted on official bulletin boards.

B.  When an investigation is being conducted and where the employee is a potential recipient of disciplinary action, the employee shall be advised by the investigator of the general nature of the interview, and of his/her right to be represented by the Union, prior to questioning or to taking any oral or written statement from the employee.  If representation is requested, the investigation will be temporarily suspended while a Union representative is sought.

C.  If during a disciplinary interview/examination or discussion an employee who has previously declined representation wishes representation, the interview/examination or discussion will be temporarily suspended while a representative is being obtained.  The representative selected must be readily available.

D.  Compliance with subparagraphs B. and C. above may be affected by matters concerning the internal security of the Agency. 

 

SECTION 9  An employee who has submitted a resignation may be permitted to withdraw his/her resignation no later than five workdays following the day the resignation was submitted, except in cases in which the Employer has filled the position or has made a commitment to an individual to fill the position.

 

SECTION 10  It is agreed that all rights afforded employees, their representatives and the Union shall be in compliance with Public Law 95-454, this Agreement and all applicable rules and regulations.  To this end it is agreed that  no official of the Employer will interfere with, restrain, coerce, intimidate or make reprisals against any employee, witness, or his/her representative for appearing, testifying, or furnishing evidence in connection with any activity allowed under Public Law 95-454, any Executive Order, this Agreement and other applicable rules and regulations.  This Article does not preclude disciplinary action against the employee for deliberately submitting false testimony or refusing to cooperate with an official investigation.

 

SECTION 11  Unit Employees will be authorized necessary and reasonable official time without loss of pay and benefits when they are engaging in any protected activity pursuant to the provisions of Section 7131 (d) of the Statute.  These activities will include but not be limited to such matters as grievances, complaints, ULP’s, arbitration, FLRA processes, wherein the employee is a party to, a witness for, or engaged in the investigatory or processing of such subjects.  Official time will also be granted for any travel associated with the employee’s participation in such matters, and reimbursement for travel and per diem cost incurred will be made where not prohibited by applicable law.  In order to obtain official time under this Section, the employee will submit a request for such time to his/her supervisor with sufficient notice to allow the supervisor to assess work needs and mission responsibilities before releasing the employee.

 

SECTION 12  The Employer agrees that all employees in the Unit will be treated fairly, equitably and reasonably in the application of this Agreement, and in the application and interpretation of laws,  rules, and regulations of the Agency or higher authority or Employer policies and procedures affecting working conditions.  The Employer also agrees to take no action that will encourage or discourage membership in the Union.

 

SECTION 13  The Employer will not extend or provide privileges or accommodations to a Unit employee or group of employees and not provide the same for all unit employees unless such arrangements are negotiated and agreed to by the Union.  Nothing in this Section is to be construed as to affect the Employer’s discretion to exercise its rights under Section 7106 (a) of the Statute.

 

 

 

ARTICLE 4

RIGHTS OF UNION

 

SECTION 1  The Union shall be recognized as the exclusive representative of all employees of the Unit, and is entitled to act for, and negotiate agreements with management covering those employees.  The Union has the right to be represented at: (1) any discussion between one (1) or more Agency representatives and one (1) or more employees (or their representatives) concerning any grievance, personnel policy or practice or other condition of employment; or (2) at any discussion, examination or investigation between an employee and a representative of the Employer if the employee reasonably believes that the discussion, examination or investigation may result in disciplinary action and the employee requests representation.  The Employer shall annually inform the employees of their rights under paragraph (2) (B) of 5 U.S.C. 7114.

  

SECTION 2    The Union shall have the right to present its views to the Employer on matters of concern either orally or in writing.  If either party requests, the parties agree to meet promptly in an effort to resolve the matter which created the concern.

         

SECTION 3   The Union shall be promptly notified by management and have the right to be represented at any meetings held by management with any other organization, group or individual which could affect the rights and obligations of the Union as the exclusive representative of the Unit.

         

SECTION 4    The Union may provide a Representative to attend the new employee indoctrination classes if held by the Employer.  The Representative will be permitted to distribute written information pertaining to the Union to any Unit employees in the class.  The Representative will also be permitted to answer any questions which may arise concerning the Union which are appropriate in this setting.  Questions concerning internal Union business, solicitation of membership or dues deductions are not considered appropriate in this setting.

         

SECTION 5   The Union will be notified of all new Unit employees hired within fifteen (15) workdays of their first day of employment.  The Union may arrange an appointment, via the Supervisor of the new employee, for the purpose of providing the new Unit employee a copy of the labor contract, introducing the employee to a Union representative, and answering any questions the employee may have.  It is agreed that time allowed, not to exceed one half of an hour for each new Unit employee will be granted as soon as practicable. It is agreed that this meeting may be conducted away from the employee’s job site.  The Union agrees that these meetings will not be used to discuss matters connected with internal Union business, solicitation of membership, or dues deductions.

    

SECTION 6  The Union shall have the right to discuss with the Employer any dispute or complaint concerning the interpretation or application of this Agreement, or any policy, regulation, or practice now or hereinafter enforced wherein the Employer has discretion.

         

SECTION 7  The Union will be informed of any Inspector General visits to the Activity.

 

 

 

 

ARTICLE 5

PROVISIONS OF LAWS AND REGULATIONS

 

SECTION 1  It is agreed and understood by both the Union and the Employer that this Agreement is subject to the precedence of existing and future Federal laws and existing Government-wide rules and regulations.  In agreeing to the above, it is understood that the Employer retains its statutory rights with regard to its obligation to bargain.

           

SECTION 2  In prescribing regulations relating to personnel policies, practices and general working conditions which are not covered by this agreement, the Employer shall, upon request, negotiate with the Union prior to issuing and/or changing such

regulations.

 

SECTION 3  Any right or privilege negotiated in behalf of Unit employees shall not be denied to temporary, probationary, or excepted appointment Unit employees unless prohibited by law, Federal regulation, or elsewhere in this Agreement.  

 

 

 

 

ARTICLE 6

APPROPRIATE MATTERS FOR CONSULTATION OR NEGOTIATION

 

SECTION 1  If the Employer wishes to implement a change to personnel policies and matters affecting conditions of employment not covered by this Agreement, it agrees to provide the Union notice of such change and negotiate with the Union regarding such change upon request.

 

SECTION 2  In meeting their mutual obligations under the Labor-Management Relations Statute to bargain in good faith, the parties agree to be bound by the following procedure:

A.  Notice of proposed changes in conditions of employment by the Employer will be served upon the Union President by hand-delivery, electronic mail, or by facsimile.  The Employer will provide the Union with sufficient notice to permit the parties to complete negotiations before changes are implemented.

B.  The Union may initiate mid-term bargaining by proposing changes in conditions of employment provided that such changes do not relate to matters addressed in this or another agreement between the parties and provided, further, that such changes do not relate to matters over which the Union has expressly waived its right to bargain under this Agreement.  Notice of proposed changes in conditions of employment by the Union will be served on the Employer by hand-delivery, electronic mail, or by facsimile.

C.  Within three (3) work days of receipt of proposed changes, the party receiving such proposals will request a briefing to discuss the proposal if necessary.

D.  The party receiving proposed changes will submit its proposals within 15 workdays of either the receipt of the proposed change or the conclusion of the briefing (whichever is later).

E.  Upon receipt of the Union’s proposals, the Employer will defer implementation of the proposed change until completion of bargaining.

 

SECTION 3  It is recognized that this Agreement is not all-inclusive and the fact that certain working conditions have not been specifically covered in the Agreement does not lessen the responsibility of either party to meet with the other for discussion and exchange of views in an effort to find mutually satisfactory solutions to other appropriate matters not specifically covered by this Agreement.  

 

SECTION 4  The parties agree that meetings to negotiate appropriate subjects of bargaining will take place during normal duty hours and that unit employees authorized by the Union to bargain will not suffer any loss of pay or benefits.

 

SECTION 5   It is further agreed and understood that the Employer will furnish the Union with any proposed instruction or notice which concerns personnel policies, practices, or procedures affecting the working conditions of members of the Unit which are appropriate for consultation or negotiation.

 

SECTION 6  Nothing in this Article will preclude inviting the Union to a management meeting or conference in which procedures affecting working conditions are to be discussed.  The Employer will endeavor to advise the Union of imminent changes affecting Unit employees prior to their being put into effect.  It is understood that such changes may not necessarily be matters appropriate for consultation or negotiation.

 

SECTION 7  Nothing in this Article shall preclude the Employer and the Union from negotiating:

A.  Procedures which management officials of the Employer will observe in exercising any authority under Section 7106 (a) of the Statute; or

B.  Appropriate arrangements for employees adversely affected by the exercise of any authority under Section 7106 (a) of the Statute by such management officials.

C.  And at the election of the Employer 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.

 

 

 

ARTICLE 7

UNION REPRESENTATION

 

SECTION 1  The Employer agrees to recognize the Officers and Stewards of the Union.  In order that the Union will properly represent the employees in the Unit, six (6) Stewards, including Chief Stewards, will be recognized and permitted to function as hereinafter provided.  It is further agreed that if a new Unit is added to that set forth in Article 1, Section 2, additional Stewards will be appointed by the Union at a ratio of 1:20.

 

SECTION 2  The Union shall provide the Employer a list of all authorized Officers, Stewards and Chief Stewards, identifying the telephone number and organizational code of each individual.  The Union shall notify the Employer in writing of any additions or deletions to the list.

 

SECTION 3  Time off during working hours will be authorized without loss of pay or benefits of any kind to permit Union Officers, Chief Stewards, and Stewards to properly and expeditiously carry out their appropriate duties in labor-management relations within the scope of this Agreement.  The Union agrees that whenever business of this nature is transacted during work hours, only that amount of time necessary to bring about a prompt and expeditious disposition of the matter will be utilized.  Union Officers, Chief Stewards, and Stewards, when leaving their work locations to transact appropriate labor-management business during work hours, will first obtain permission from their immediate Supervisor and inform him/her of the nature of the business.  Permission to leave the job will be granted within a reasonable time (normally 30 minutes) after determination by the Supervisor of the availability of the person to be contacted, unless such absence would cause undue interruption of work.  If the Supervisor determines that the Union Representative’s absence from the job would cause undue interruption of work, he/she will grant the Union Representative time to contact another Union Representative, normally by telephone, to handle the problem.  Upon entering other work locations, Union Representatives shall inform the cognizant Supervisor of the nature of the business with one of his/her Unit employees.  The employees, including Union Representatives, will report their return to their Supervisors.

 

SECTION 4   Every reasonable effort will be made to maintain the workshifts of Union Representatives.  Should such a change be made, the Employer will provide advance notice of the change to, and an opportunity to discuss the matter with, the Union.

 

SECTION 5  The Employer agrees that Officers or duly designated Representatives of the Union, or its national office, who are not active employees of the Activity may be admitted into the Activity upon approval of a request to the Employer.  Such admittance is subject to the following:

A.  Base and Naval Security Regulations.

B.  The Representative’s activities do not interfere with the work of the Activity or its employees and are in conformance with restrictions set forth elsewhere in this Article.

 

SECTION 6  Supervisors will make existing telephone facilities available to Union Officers, Chief Stewards and Stewards for conducting Labor Management Relations business under the terms of this Agreement and common courtesy will be exercised insofar as privacy is concerned.

 

SECTION 7  The normal point of contact between the Union and the Employer for the purpose of discussing questions that may arise concerning the general administration or interpretation of this Agreement or other matters involved in day-to-day relations between the parties shall be: for the Union, the duly elected President; for the Employer, the servicing Human Resources Office or its designated representatives.

 

SECTION 8  The Employer will, insofar as practicable, and in accordance with security regulations, provide the Union with facilities to hold special meetings with members of the Unit outside of regular work hours on the Unit members’ time.  The Union agrees to abide by the regulations governing the use of such space.  The Union will give appropriate advance notice of such requirement to the Employer.

 

SECTION 9  The Union will designate a representative who may meet with the NAVSHIPSO Deputy Director and/or Propeller Center Manager as the need arises. The Union will provide advance notice of the subject matter for discussion.  Upon mutual agreement of the parties, minutes of the meeting(s) will be published and distributed after review by the parties.

 

SECTION 10  The Employer will provide the Union with a work station so that the Union may conduct its representational duties with a degree of privacy.  The work station  provided to the Union shall be maintained in an orderly condition by the Union.  The Employer will furnish a personal computer, keyboard, monitor,  mouse, printer and utility services such as heating, lighting and air conditioning free of charge and agrees to maintain such equipment and services consistent with maintenance provided other Unit work areas.  If the Employer relocates a majority of Unit employees to new facilities, the Employer agrees to make a sincere effort to furnish the Union with a comparable work station with comparable access to Unit employees.                  

 

SECTION 11

A.  The Employer agrees to allow Union access to a suitable private space at the work site to permit an employee to consult with or seek assistance from his/her Union Representative on a confidential basis.  When such need arises, the Union Representative shall schedule the use of the space as far in advance as practicable.

B.  Should a Union Representative desire to use the off-site Union office, he/she shall request permission to do so from his/her Supervisor.  In making such request, the Union Representative shall state the reason for requiring access to the off-site Union office and the approximate amount of official time he/she will need for this purpose.  It is agreed that access to the off-site Union office shall be granted only if it can be established that the Union Representative cannot conduct his/her representational duties at the immediate work site or that documents and/or records cannot be acquired by alternative means.

C.  Permission will be granted promptly and shall not be unreasonably denied unless such absence would cause undue interruption of work.  If the Steward cannot be spared at the requested time, the Supervisor shall inform the Steward the reason why, and when the Steward will be granted permission to leave the job or workplace to conduct official business.

 

SECTION 12  In addition to time allowed as set forth in Section 11 of this Article, Union Representatives will be allowed additional time for;

A.  Meetings including those which involve matters appropriate for consultation or negotiation, and those wherein the Employer is the moving party;

B   Grievances/complaints or potential grievances/complaints  initiated by the Employer, employees, or the Union;

C.  Arbitration cases;

D.  Hearings/proceedings before the Federal Service Impasse Panel;

E.  Hearings/proceedings before the Federal Labor Relations Authority;

F.  Unfair Labor Practices;

G.  Merit Systems Protection Board. (RIF appeals only)

H.  Negotiations

A reasonable amount of time will be allowed to prepare for meetings and hearings as set forth in (A) through (H) above.

 

SECTION 13  The Employer agrees to grant a total of 64 hours of official time annually to the Union’s Financial Secretary, when such Union Official is a bargaining unit employee, for the specific purpose of allowing the Financial Secretary to prepare and submit financial reports LM-3 and 990EZ required by the Department of Labor.  It is agreed that the Union will provide sufficient notice to the Employer of the need to release the employee for this purpose.

 

SECTION 14  The Employer agrees to provide a total of 216 hours for the term of this Agreement to be used by the Union for the purpose of allowing Union Representatives to attend briefings and/or orientations concerning Federal Sector labor-management relations without charge to leave or loss of pay.  In this regard, the Union agrees to provide sufficient notice to the Employer of the need to release employees for this purpose to allow the Employer to make the necessary workplace adjustments.  Such notice shall identify the names of the employees scheduled to attend the briefing/orientation, the topic/agenda and the date(s) that the employees shall be absent from the workplace for this purpose.

 

SECTION 15  It is agreed that no Union Representative shall be restrained, coerced, intimidated or discriminated against because of authorized activities on behalf of the Union.  It is further agreed that no Union Representative shall be denied any right or privilege he/she would otherwise be entitled to because of his/her serving as a Union Representative.

 

 

 

 

 

 

 

 

 

ARTICLE 8

HOURS OF WORK

 

SECTION 1  The parties agree to implement Alternative Work Schedules (AWS), consisting of flexible and compressed work schedules on a one-year test basis to determine the effect such schedules have on the Detachment's operations in accordance with US Code: Title 5 Chapter 61.

 

SECTION 2  The parties agree to form a  committee composed of one Union Representative from each Department area concerned and two Management Representatives who will meet at one month intervals for the first five months and at two month intervals for the next four months to review and discuss the status of the program. At the nine month point, the Employer and Union will meet to identify any problem areas of this agreement and will attempt to resolve any differences concerning possible adverse effects through the process of discussion and, if needed, negotiation.  It is agreed that at the 12 month point only those problems which have been identified as creating an “Adverse Agency Impact” as defined in 5 U.S.C. 6131 (b) and which have not been resolved through negotiation of the parties, the Employer may proceed by exercising its statutory rights to refer the problem/s to Impasse.  Adverse Agency Impact is defined as a reduction of the productivity of the Agency, a diminished level of services furnished to the public by the Agency or an increase in the cost of Agency operations (other than reasonable administrative cost relating to the process of establishing a flexible or compressed schedule).  It is agreed that at this point those work areas which are in dispute and only those areas will revert to the use of “Flexitour” as defined in the previous IFPTE Local 3 and Philadelphia Naval Shipyard Collective Bargaining Agreement of 1983. 

 

SECTION 3  The parties agree that the provisions of the Alternative Work Schedules  will be consistent with the following sections.

 

SECTION 4  Any change in the regularly scheduled workweek or hours of work of any Unit employee shall be made in accordance with applicable laws and government-wide regulations, or as otherwise agreed to under the “Flexible Work Schedule Program” in Section 21 of this Article or the “Compressed Work Schedule Program” in Section 22 of this Article for those who elect to participate in these programs.

 

SECTION 5  Entitlement to administrative leave, when granted by the Officer in Charge, will be based on the individual work schedules.  Each employee, not in an approved leave status, will be granted administrative leave equal to the number of hours, he/she would ordinarily be expected to work that day, based on his/her work schedule. 

 

SECTION 6  Lunch periods will be one-half hour, whether from 11:30 a.m. to 12:00 p.m. or 12:00 p.m. to 12:30 p.m.

 

SECTION 7  Subject to the conditions set forth in this Article, employees may elect a work schedule that meets their needs and fulfills mission requirements.  These work schedules are: a standard work schedule, a flexible work schedule, or a compressed work schedule.

 

SECTION 8  DEFINITIONS

A.  A standard work schedule is a schedule consisting of  8 hours a day, 5 days a week with set arrival and departure times, normally 7:30a.m. to 4:00p.m. or 8:00a.m. to 4:30p.m.

B.  A flexible work schedule as provided under the Work Schedules Act, consists of, for purposes of this pilot program, an 80-hour, biweekly work requirement completed in ten 8-hour days which allows an employee to daily determine his arrival and departure times within the limits set by the Employer.  This schedule, sometimes referred to as "flextime", consists of flexible time bands (the hours the employee is free to determine his starting and quitting times) and core time (defined in Part D below).  Under the provisions of this pilot program the morning flexible band consists of the hours 6:00a.m. to 9:00a.m., and the afternoon flexible band consists of the hours 3:00 p.m. to 6:00p.m. 

C.  A compressed work schedule as provided under the Work Schedules Act  consists of an 80-hour biweekly work requirement, having pre-set hours, which is scheduled for less than 10 workdays.  The two types of compressed work schedules offered under the provisions of this pilot program are:

(1)  5/4/9:  The employee works eight 9-hour days and one 8-hour day (either Monday or Friday) in a biweekly pay period and has one day off (Monday or Friday, corresponding to the 8-hour day).

(2)  4 by 10:  The employee works four 10-hour days each week of a biweekly pay period and has two days off (either Mondays or Fridays).                                   

D. Core hours -  the hours of a workday during which all employees not on approved leave must be in a work status.  Core hours under this pilot program consist of 9:00a.m. to 3:00p.m. (excluding the ½ hour lunch period). 

E. Basic Work Requirement – the number of hours, excluding overtime hours, which an employee is required to work or account for in terms of leave.  The basic work requirement for a pay period is 80 hours. 

F. Credit Hours – As provided under the Work Schedules Act consists of those hours within a flexible work schedule that an employee elects to work in excess of his/her basic work requirement in order to reduce the length of the workweek or another workday.  Under the provisions of this pilot program, employees are permitted, consistent with available work, to earn a maximum of two credit hours for any single day and a maximum of 20 hours in any biweekly pay period. In the event of unique circumstances an employee may work up to two additional hours on any single day with supervisory approval due to such unforeseen unique circumstance. Credit hours may be earned in ½ hour increments.  No more than 24 credit hours may be carried over from one pay period to another.

G..  Work Schedules Act - The Federal Employees Flexible and Compressed Work Schedules Act of 1982, as amended , 5 U.S.C.   6120 et. Seq. .

 

SECTION 9   Until such time that a keyless entry system is installed at the NAVSHIPSO facility the Employer agrees that one primary or a back-up will be permitted to begin at 5:45 a.m. in order to unlock the NAVSHIPSO facility prior to the arrival of the daily work force.  The Union agrees that this time will be worked as Credit Hours (a minimum of 1 hour) and will not be a basis to leave the worksite before the end of core time.  It is agreed that the employees assigned will remain until 3:15 p.m.

 

SECTION 10   The Employer reserves the right to control work schedules to ensure adequate office coverage and to guarantee that mission requirements are met.  Employees may be required to adjust work schedules to accommodate training requirements.

 

SECTION 11   Employees on TDY assignment must observe a fixed work schedule determined by mission requirements.  If an employee on a CWS is assigned TDY for one week or less, he/she may work a modified CWS on the other week of the pay period if possible.

 

SECTION 12  Employees whose military leave comprises one week or less of a compressed work schedule will be permitted, if possible, to work a modified CWS for the remainder of the biweekly pay period.

 

SECTION 13  All employees are required to daily record, to the minute, their times of arrival and departure.

 

SECTION 14  Once a work schedule is selected, it must be maintained for a minimum period of 4 months. Exceptions to this policy may be granted based on substantiated hardships or other extenuating circumstances.  Following implementation of AWS the 4 month periods will be January 1st through April 30th, May 1st through August 31st, and September 1st through December 31st.

 

SECTION 15  Credit hours earned under FWS are considered part of the basic work requirement and may not serve to increase one's entitlement to overtime pay. Credit hours may not be earned outside the basic workweek (i.e. Saturday or Sunday).  Employees leaving the unit will be required to use any accumulated credit hours before leaving to avoid forfeiture of same unless there is insufficient time to use such hours.  In those circumstances, such as immediate and unexpected retirement or permanent transfer to an activity which does not have a similar Credit Hour program, and there is no opportunity to use the accumulated credit hours prior to transfer, the employee will be paid for any unused credit hours.

 

SECTION 16  Overtime work under this program will consist of officially ordered and scheduled work in excess of an employee's scheduled daily work requirement.  Thus, work beyond 8 hours in an 8-hour day, beyond 9 hours in a 9-hour day, beyond 10 hours in a 10-hour day will be deemed overtime work.  Work in excess of the basic weekly work requirement will be paid at the appropriate overtime rate.

 

SECTION 17    Holidays - Under the Work Schedules Act and 5 CFR Part 610, the number of hours an employee is entitled to for a holiday is treated differently for employees on flexible schedules and compressed schedules.  An employee on a flexible schedule is entitled to eight (8) hours of Holiday pay, while an employee on a compressed schedule is entitled to that number of hours he/she is scheduled to work. An employee on a CWS will be subject to the "in lieu of" rule in determining the employee's holiday.  If the holiday falls on a Monday and that day is the employee's CWS non-workday, he/she will observe the holiday on the following day (Tuesday).  If the holiday falls on a Friday and that day is the employee's CWS non-workday, he/she will observe the holiday on the preceding day (Thursday).  If the holiday falls on other than a CWS non-workday, the employee on a CWS receives holiday pay equal to the number of hours he/she would have worked that day.

 

SECTION 18    Leave – An employee is required to work the number of hours scheduled for that day, be on leave, or a combination of work and leave.  An employee on a compressed schedule on approved annual, compensatory time, or sick leave on a scheduled 8 hour, 9 hour, or 10 hour work day will be charged 8, 9, or 10 hours leave accordingly.  An employee on a Flexible schedule will be required to take 8 hours of leave.

 

SECTION 19   The Employer will not set schedules for the express purpose of circumventing the employee’s use of either the Flexible Work Schedule or the Compressed Work Schedule.

 

SECTION 20    Standard Work Schedule.  This program is available to all employees in the Unit. The regularly scheduled workweek for all Unit employees shall consist of 40 hours on five consecutive days.

 

SECTION 21   

              A.  Each employee on FWS shall:

1.  Prior to the beginning of the first full pay period preceding each 4-month period identified in Section 14. above, advise the immediate Supervisor of his/her election of FWS by completing and submitting the WS Plan/Record

2.  Daily enter, seriatim, his/her exact times of arrival and departure, and signature, on the designated attendance sheet.

3.  Request, schedule and obtain approval for the use of earned credit hours

4.  Accurately record on the WS Plan/Record actual hours worked each day of the biweekly pay period, any leave hours used, or credit hours used/accumulated; and submit the WS Plan/Record with employee certifying signature to the immediate Supervisor at the end of the pay period.

5.  Adjust work schedules when required by mission needs, training requirements or office responsibilities.

6.  Adhere to all other requirements concerning time and attendance (e.g. leave regulations).

7.  Notify the immediate Supervisor as early as possible of the intent to work any credit hours, including work to be performed, the number of hours to be worked and approximate dates thereof, through submittal of a copy of the WS Plan/Record.

B.   Each employee should, as a courtesy:   advise the immediate Supervisor of any planned deviation from the approximate arrival times he/she expects to utilize in order that the Supervisor may plan accordingly. It is understood that circumstances may arise which would prevent such notification.

C.   It is agreed that the earliest an employee may begin his/her eight hour shift is   6:30 a.m. (with the exception outlined in Section 9).  This is agreed to in order to ensure all employees are present during the “core hours” of 9:00 a.m. to 3:00 p.m.. If an employee elects to begin work at 6:00 a.m. the first half hour of work will be designated as “credit hours”.

 

 

SECTION 22  Each employee on CWS shall:

A.  Prior to the beginning of the first full pay period preceding each 4-month period identified in Section 14 above, advise the immediate Supervisor of the desired work schedule (5/4/9 or 4x10) by completing and submitting the WS Plan/Record; indicate which days(s) of the workweek (Monday or Friday) will be the non-workday under the CWS.

B.  Report for duty no later than the starting times pre-set by the Employer and ensure that 8, 9 or 10 hours are completed each day, as appropriate.

C.  Daily enter, seriatim, his/her exact times of arrival and departure, and signature on the designated attendance sheet.

D.  Accurately record on the WS Plan/Record actual hours worked each day of the biweekly pay period and any leave hours used; and submit the WS Plan/Record with employee certifying signature to the immediate Supervisor at the end of the pay period.

E.  Adjust work schedules when required by mission needs, training requirements or office responsibilities.

F.  Adhere to all other requirements concerning time and attendance (e.g. leave regulations).

SECTION 23  Continuation/cancellation: It is agreed that at the end of one year from the date of implementation, if both the Employer and the Union agree to continue this program, the program will continue on a permanent basis. If the Employer determines that the program has created an adverse impact, and is unable to resolve the matter through negotiation with the Union, the Employer may exercise its statutory rights and refer the problem/s to Impasse.

 

SECTION 24  The Employer agrees to issue an instruction incorporating the above.  It is agreed that a draft of the instruction shall be presented to the Union before issuance.

 

 

 

ARTICLE 9

OVERTIME

 

SECTION 1  Employees required to perform authorized overtime services shall be compensated in accordance with applicable rules and regulations

 

SECTION 2  Consistent with the needs of management, overtime will be assigned without discrimination, including discrimination because of an employee’s duties as a Union Representative.  It is agreed that overtime will be assigned to qualified employees in accordance with their skills and familiarity with the work, giving first consideration to employees currently assigned to the work.  It is further agreed that if there is a need to assign additional employees to a particular overtime assignment (i.e. in addition to the employee principally responsible for completion of the overtime assignment), the Employer will rotate such overtime on a fair and equitable basis among equally qualified employees.  An employee will, upon request, be released from an overtime assignment provided the Employer determines that his/her reasons are valid and another qualified employee, familiar with the work, is available and willing to perform the work.  The Employer will make existing records of overtime for employees of the Unit available to the President of the Union or his/her designated representative to aid in settling grievances.  These records must meet the provisions of the Privacy Act before they are made available to the Union.

 

SECTION 3  During emergency overtime assignments where suitable food is not available at the job site, an employee may be dispatched, in a pay status, by the Employer to obtain food for his/her fellow employees.  During scheduled overtime assignments which extend for a period of four (4) hours beyond the normal eight (8) hour workday, affected employees so assigned shall be permitted to eat on the job, provided such employee can eat without unduly interrupting or suspending the work effort.

 

SECTION 4  When an employee is called back for overtime outside of  and unconnected with his/her scheduled hours of work or when an employee’s workday is extended for an emergency overtime assignment and the employee is not able to obtain private transportation from or to his/her home, public transportation may be utilized in accordance with part C 2100 of the Joint Travel Regulations.  The employee must make the Supervisor requesting his/her services aware that such transportation is required at the time the employee’s services are requested, and must obtain authorization at that time to use such public transportation.  An employee who has begun working on an overtime assignment, whether call back or an extended workday assignment, and who later learns he/she is unable to obtain private transportation home, must notify the cognizant Supervisor as soon as possible to obtain permission to use public transportation.

 

SECTION 5  An employee designated to work overtime on days outside his/her regularly scheduled workweek, will be given 24 hours advance notice.  The Union recognizes that in some cases, little or no advance notice may be possible.

 

SECTION 6  Overtime entitlement and computation for nonexempt employees will be made in accordance with the current regulations in Title V and the FLSA.  Any employee having a question on his/her overtime entitlement and compensation may bring the matter to the attention of his/her Supervisor or any appropriate representative of the Employer for resolution.