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Collective Bargaining

VIEWS: 8 PAGES: 121

									                                               ARTICLE 1

                                 RECOGNITION AND COVERAGE

Section 1: Recognition

1      The Pension Benefit Guaranty Corporation (the “Employer” or “PBGC”) recognizes the National
Association of Government Employees, Local R3-77 (the “Union”) as the exclusive representative of all
professional and non-professional bargaining unit employees of the Employer without regard to Union
membership. The bargaining unit includes temporary employees serving on appointments of ninety (90)
days or more.
2      The following employees are excluded from the bargaining unit in accordance with Title 5 of the
U.S. Code, Chapter 71, Section 7112 (b): management officials or supervisors, confidential employees,
employees engaged in personnel work in other than a purely clerical capacity, employees engaged in
administering the provisions of Title 5, of the

       U.S. Code, Chapter 71, and employees primarily engaged in investigation or audit functions
       relating to the work of individuals employed by the Employer whose duties directly affect the
       internal security of the Employer to ensure that the duties are discharged honestly and with
       integrity.

Section 2: Coverage

When the terms “employee” or “employees” are used in this Agreement, those terms refer to only
bargaining unit employees unless otherwise stated.

Section 3: Clarification of the Unit

1        The Parties wish to utilize an informal process for considering matters which can later be pursued
on a formal basis as the subject of a unit clarification petition.
2        The Parties will each appoint a person knowledgeable of the relevant case laws as its representative
for the informal process and notify the other Party.
3        Except as otherwise agreed to by the representatives, any new position which the Employer intends
to establish as a non-bargaining unit position will be referred to the Union representative prior to the
initiation of recruitment or for a non-competitive action prior to its being filled. The referral will include
the position description and categorical (e.g., supervisor, etc.) basis for the intended exclusion. The Union
representative will have ten (10) days in which to raise any questions concerning the exclusion.
4        At the request of the Union representative, the representatives will meet within fifteen

       (15) days of the request to discuss the position. During the total twenty-five (25) day period, the
       Employer will not fill or recruit for the position unless the Union decides not to meet with the
       Employer within ten (10) days of receipt of the referral from the Employer. Unless otherwise
       mutually agreed to by the representatives, this will conclude the informal process and either Party
       may then pursue any remedies available.

1      Prior to and during the fact-finding process, the Employer will make reasonable efforts to provide
information requested by the Union relevant to the issues. Information would ordinarily include position
descriptions, mission and function documents, and vacancy announcements and the like.
2       In any meetings, each Party’s representative may be accompanied by an individual with knowledge
of the issue.

                                               ARTICLE 2

                   ACCESS TO EMPLOYER FACILITIES AND SERVICES

Section 1: Union Office

1        The Employer will provide the Union with locked office space within its premises of approximately
two hundred (200) square feet. This office will be designed to provide privacy to the Union and to
individuals dealing with the Union.
         2.      In terms of furniture, the Employer will provide a minimum of two (2) tables and twelve
         (12) chairs with measurements and installation to be worked out between the Facilities and Services
Department (FASD) and the Union. Additionally, the Employer will provide two (2) lockable lateral file
cabinets, a standard bookcase, a LAN-connected computer with internet access, a printer and a standard
issue PBGC telephone capable of conference calling. The Union may only use the telephone for local calls.
2        The Union may install a bulletin board at its own expense inside or immediately adjacent to its
office. Installation shall conform to the Employer’s standards.

Section 2: Meeting Space

1       The Employer will provide the Union with a reasonable amount of space to conduct ballot box
elections pursuant to its Bylaws.
2       The Union will be permitted to use available space as needed for representational purposes. In
addition, the Union will be permitted to use space, if available, for meetings provided it submits a request
to the Employer as far in advance as possible indicating the date, the time and the general purpose of the
meeting. The Employer will approve the request as long as the space is available and the stated purpose of
the meeting neither violates law or regulation nor embarrasses the Corporation, its officials or employees.
3       Once a year, during the week identified by the Union at least forty-five (45) days in advance, the
Union will be permitted reasonable access to the Training Room for one (1) day to observe Union
Recognition Week. The Employer will provide a room and requested Training Institute equipment, if
available, for employees to drop in and speak with Union representatives. All employees will be allowed
up to one (1) hour from their work day without charge to leave to attend Union sponsored activities during
that day.
4       Employees will be allowed to attend up to two (2) forty-five (45) minute Local meetings annually
during work hours to review working conditions. The Union shall provide at least seven (7) days advance
notice of the proposed meeting dates.
5       Prior to ratifying this Agreement, employees shall be permitted to attend a meeting with the Union
for one (1) hour on official time to review the Agreement. The Employer shall provide the largest training
rooms. The meetings may be divided into several sessions to accommodate all interested employees.

Section 3: Use of Photocopying Equipment, Electronic Mail and Online Services
Electronic Mail – Union officials may utilize the Employer’s electronic mail system to send a
reasonable number of e-mail messages to all employees.

1        The Local President will provide the Manager, Programs Division, HRD, with an advance copy of
all electronic mail, normally one (1) workday in advance. Communications may not libel or slander any
individuals, government agencies, or activities of the Federal Government, nor reflect on the integrity or
motives of any individuals, government agencies or the activities of the Federal Government.
Communications between Union officers and stewards or with an individual whom they are representing
are not covered by this requirement.
2        Online Services – The Employer will permit the Union reasonable access during official time or
off-duty time to Westlaw and Lexis on-line services in support of their representational duties, provided
such access does not unreasonably interfere with the Employer’s operations. The Employer will allow
employees who currently have access to Westlaw and Lexis from their personal computers to utilize those
computers to access Westlaw and Lexis under this Article, but it will not provide additional desktop
personal computer access for other Union officials. When Union officials sign onto Westlaw or Lexis
under this Article, they will denote “NAGE” as the client identifier.
3        Union representatives may use PBGC photocopying facilities in connection with reproducing
materials needed for representational purposes.

Section 4: Distribution and Posting of Union Related Material

1.     The Employer will provide the Union with one third (a) of the main bulletin board on each floor
       for its exclusive use. In addition, the Union will be provided with one third
       (a) of the bulletin board in the Employee Lounge, currently Suite 570, for Union-related matters.

1       The Employer will permit Union representatives to distribute literature to the work areas of Union
members so long as the distribution does not disrupt the work of the agency. Union representatives may
carry out these duties on their non-duty time during lunch and after the Employer’s normal business hours.
2       Literature for bargaining unit employees who are not Union members may be handed to them
during lunch or placed in their mailboxes after normal business hours so long as such distribution does not
disrupt the work of the agency. Union representatives may

       carry out these duties on their non-duty time during lunch and after the Employer’s
       normal business hours.

Section 5: Access by National Union Representatives

National representatives of the Union will be allowed to enter the Employer’s premises.

Section 6: New Employee Orientation Kits

The Employer will include copies of Union literature in employee entry-on-duty kits. If entry-on duty kits
are mailed to employees in advance, Union provided literature will be included. Additionally, HRD will
provide the Union and OIT with the names of new employees, to include their positions and starting dates.
This list shall be used by OIT to update the bargaining unit electronic mailing list.

Section 7: Employer Provided Documents
1       The Employer will give the Union a quarterly staffing report that lists the employee’s name, title,
position number, pay plan, series, grade, step, bargaining unit code, Fair Labor Standards Act code, federal
service computation date and PBGC service computation date.
2       The Employer will give the Union a copy of all published directives concerning personnel policies,
practices, and working conditions.
3       The Employer will give a printed copy of the Collective Bargaining Agreement (“CBA”) to all
employees and will make a copy of the CBA available on the Intranet as well as one (1) computer diskette
containing the CBA for the Union.

                                                ARTICLE 3

                                             ARBITRATION
Section 1: Scope

This Article governs arbitration of individual and institutional grievances as processed under the Grievance
Article and official time disputes. It does not cover negotiation impasses, negotiability disputes, or other
labor-management disputes not specifically provided for herein unless mutually agreed otherwise.

Section 2: Nature of Arbitration

The arbitration provided for in this Article shall be binding on both Parties, subject to exceptions timely
filed with the Federal Labor Relations Authority.

Section 3: Types of Arbitration

1.     The Parties will utilize expedited or regular arbitration as described below. Upon mutual consent,
       the parties may utilize expedited arbitration for disputes normally subject to regular arbitration and
       vice versa.

A.     Common Provisions:

1       Written Notice – Either Party may elect to take a grievance to arbitration by serving written notice
to the other Party via certified mail, regular mail or in-person delivery. The Employer shall serve notice on
the President of the Union or his/her designee. The Union shall serve notice upon the Manager, Programs
Division, or his/her designee.
2       Location of Hearing – Normally, the hearing will take place at PBGC’s headquarters. All hearings
will take place during regular business hours during a regular workweek.
3       Witnesses – PBGC employees who serve as witnesses for either Party will be on duty time during
the hearing.
4       Grievability/Arbitrability – The Employer will notify the Union in writing of any allegations of
non-grievability or non-arbitrability within thirty (30) days after the Union has invoked arbitration or prior
to any hearings in expedited arbitration, whichever occurs first. Failure to raise nongrievability or non-
arbitrability within this period serves to waive the Employer’s rights to raise these issues with the
arbitrator.

B.     Burdens of Proof – In any arbitration where the grievant is contesting his/her performance
       appraisal, the following will apply as to the burden of proof:

1        The Employer will bear the burden of proof in establishing the validity of any “unacceptable”
ratings.
2        The grievant will bear the burden of proof in establishing the validity of any claim to a rating above
“fully effective”.
3        The Employer’s failure to meet its burden of proof on a summary rating shall result in a
presumptive summary rating of “fully effective.” The Employer’s failure to meet its burden of proof in the
case of an individual performance standard, shall result in a presumptive numerical rating of “2”.
4        In disciplinary adverse action cases, performance-based actions, and in all other cases where the
Employer has taken action against an employee, the burden of proof to sustain that action is on the
Employer.
5        A Party meets a burden of proof when it establishes the matter at issue by a preponderance of the
evidence. Neither Party will be required to show the opposing party’s actions or claims were arbitrary or
capricious in order to sustain its burden.

C.     Fees – Each calendar year, the Employer shall pay the arbitrator for the first regular arbitration and
       for the first expedited arbitration that are filed and actually proceed to arbitration hearings. The
       arbitrators’ fees for subsequent arbitrations shall be borne equally by the parties. If either party
       requests a transcript of arbitration proceedings, the cost will be borne equally.

D.     Construing the Agreement – In interpreting this Agreement, the arbitrator shall have no power to
       add to, subtract from, or modify the terms of this Agreement.

E.     Precedent – In reaching a decision, the arbitrator shall consider applicable precedent from
       administrative and judicial fora as well as arbitrators’ decisions under this and other collective
       bargaining agreements, excluding any permanent arbitrator’s decisions reached under this
       Article.

F.     Arbitrator’s Award – The arbitrator shall limit his/her award or recommendation to the issues
       presented at arbitration. The arbitrator may order any relief that is just and proper and in
       accordance with this Agreement and permissible under law, including an order for the Employer or
       the Union to post notices.
       G.     Disputes Over Application of Arbitration Award – Any dispute over the
              application of the arbitrator’s award shall be returned to the arbitrator for
              settlement.

       H.      Exceptions – Either Party may file exceptions to the arbitrator’s decision as provided
               for in 5 U.S.C. Section 7122.

       I.      Failure to Prosecute – Failure to prosecute a grievance shall render the grievance and
               arbitration request null and void. A Party fails to prosecute when the Party does not, for a
               period of six (6) months, actively pursue any grievance referred to arbitration by that Party.

       J.      Back Pay Act:

1      Whenever an employee is entitled to receive back pay from an arbitrator’s award or settlement by
the parties of matters raised under this Article, such pay will be provided to the employee within thirty (30)
days of the award or effective date of any written settlement Agreement. In the event the Employer fails to
timely pay the employee, interest shall accrue commencing on the thirty-first (31st) day, at the rate in
effect under the Internal Revenue Code of 1986, Section 6621.a.1.
2       Within fourteen (14) days of compliance with Subsection A above, the Employer shall provide the
Union with copies of any and all documents regarding back pay, including corrected time cards, SF-50,
SF-52, leave and earnings statements, notes, records, statements of interest, and any and all other pertinent
information.
3       In rendering decisions on back pay, interest, and attorneys’ fees, an arbitrator shall conform to the
provisions of the Back Pay Act, 5 U.S.C. Section 5596, where applicable.

         2.      Expedited Arbitration:
         A.      Scope – The following disputes will be resolved using expedited arbitration: grievances
over written reprimands, denial of participation in an alternative work schedule program, denial of leave
requests, official time disputes and AWOL charges without penalties.
         B.      Exclusivity of Expedited Arbitration – Expedited arbitration shall be the exclusive means to
resolve grievances over written reprimands, denial of participation in alternate work schedules, denial of
leave, and disciplinary or adverse actions where the only charge involves absence without leave.
         C.      Permanent Arbitrator:
1        The Parties will select a permanent arbitrator to adjudicate all expedited arbitrations. The
permanent arbitrator will serve for two (2) years from the date of selection and can be extended by mutual
agreement. The Parties will select all permanent arbitrators by mutual consent.
1        If the permanent arbitrator is unavailable due to reasons beyond the parties’ control, including a
failure to reach agreement on an initial permanent arbitrator, then the parties will use regular arbitration or
the Federal Service Impasses Panel, as appropriate, to resolve disputes.
         D.      Procedure – The following procedure governs expedited arbitration:
1        Invocation – A Party will invoke expedited arbitration within ten (10) days of the final agency
decision in a grievance or within three (3) days of the event giving rise to the arbitration. Failure to invoke
arbitration within this period waives a Party’s right to adjudicate the matter in arbitration.
1        Arbitration – The arbitration shall occur as soon as possible and no later than 30 days after either
party invokes expedited arbitration. The arbitration shall last no more then eight hours; each party shall
have four hours to present its evidence. The umpire shall have ten days after hearing evidence to issue a
brief written decision. Expedited arbitration shall not be transcribed. Expedited arbitration decisions shall
not serve as precedent.
2        Regular Arbitration:

       A.      Scope – Regular arbitration shall cover all disputes within the scope of this Article
               that are not covered by expedited arbitration.

       B.      Selection of the Arbitrator – Within ten days after filing the arbitration notice, the parties
               shall contact the Federal Mediation and Conciliation Service to obtain a list of seven
               arbitrators. The parties shall first determine if they can mutually agree upon an arbitrator.
               If mutual agreement is not possible, each party will strike a name from the list until one
               arbitrator is left. The Union will strike first. If the remaining arbitrator is unwilling to serve,
               the parties will obtain a new list from the FMCS and repeat the striking procedure. If a
               party refuses to participate in the process, FMCS shall designate an arbitrator.
       C.     Procedure – The following procedure governs regular arbitration:

              1.      Invocation – A party will invoke arbitration within 30 days of the final agency
                      decision in a grievance or within 30 days of the event giving rise to the arbitration.
                      Failure to invoke arbitration within this period waives a party’s right to adjudicate
                      the matter in arbitration.

       Witnesses – Both parties will make witnesses available to the other party in sufficient time prior to
       the arbitration so that the opposing party may interview the witnesses.
                                               ARTICLE 4

                                                AWARDS
Section 1: Performance Awards

1       Outstanding Performance – Each employee who receives a rating of Outstanding as his or her
rating of record for an annual performance appraisal will be granted an award equal to the Quality Step
Increase Amount (“QSI Amount”) for his or her base salary or $1,000, whichever is higher. The QSI
Amount is the difference between an employee’s base salary at his/her current GS grade and step and the
next step. For an employee at Step 10, the QSI is 3.5% of base salary.
2       The Employer has determined that it will no longer permit employees who receive ratings of
Outstanding to choose a Quality Step Increase (QSI). An employee who is rated Outstanding may request a
QSI. If the Employer does not grant the request, it will advise the employee in writing and provide all the
reasons. The Employer will simultaneously provide a sanitized copy to the Union that identifies the
department. In granting QSI’s the Employer will be fair and impartial and follow merit system principles.
3       Excellent Performance – Employees who receive an Excellent performance-appraisal rating of
record will be granted an award of 2% of their base salary or $750, whichever is higher.
4       Time Off – Employees may elect to receive all or part of a performance award in the form of an
equivalent amount of time based on one (1) hour for each 0.05% awarded.
5       If the Employer does not pay employees the full amount of performance awards, it will provide an
amount of time to each employee eligible for a performance award that is equivalent to the amount that an
award is reduced. The amount of time off will be based on one hour for each 0.05% of base salary
awarded. The available funds will be distributed equitably prorated agency wide to all employees eligible
for performance awards.

Section 2: Special Achievement Awards

1       Bargaining unit employees may receive Special Achievement Awards through the PBGC-NAGE
Joint Awards Committee (Committee). The Committee will decide all individual and group awards for
bargaining unit employees. When a team award for both bargaining unit and non-bargaining unit
employees is approved by the Committee, the awards for non-bargaining unit employees will not be paid
from funds available for the bargaining unit or count against payment of awards for bargaining unit
employees.
2       The supervisor or any other PBGC employee may nominate an employee or team for an award. (An
employee is free to draft a self-nomination, but another PBGC employee must endorse it). A nominator
will provide any nominee a copy of the nomination when it is submitted. The nomination will outline in
writing what the employee or team did to meet the criteria for this award as described in Appendix A to
this Article. In addition, absent unusual circumstances acceptable to a majority of the PBGC-NAGE Joint
Awards Committee (Committee), the nomination must address a one-time (1) non-recurring achievement
that occurred or came to fruition or obtained a result within the three (3) months prior to the nomination
(an employee’s receipt of an award for a special achievement act does not pre-empt management’s
obligation to accurately rate employee for the performance year). The nomination will be delivered to the
Committee. The Committee is described below in Section 2.6.A.
3       Where an employee is nominated for an individual award by someone other than his or her
supervisor, the Committee will ask the supervisor of the work that is the basis of the nomination to review
the nomination, to verify the facts outlined in the nomination, and address whether the acts which occurred
meet the criteria for an award and at what level.
4       Where a team is nominated by someone other than a management official to whom the team
reported, the Employer will designate an official to review the nomination, verify the facts outlined in the
nomination and address whether the acts which occurred meet the criteria for an award and at what level.
The supervisor/official will respond to the Committee’s request for this data within the time frame
established by the Committee. Where the nomination is for a team the nominator will address the specific
contributions made by each individual team member. Individual team members may receive different
award amounts and different award tier levels.
5       There are three (3) Special Achievement/Special Performance Act Award tier levels for individual
and team awards alike:

               Tier 1: $300 to $500 (for special achievements that advance PBGC’s mission, goals and
                       objectives).

               Tier 2: $501 to $750 (for exceptional achievements that advance PBGC’s mission,
                       goals and objectives); and

               Tier 3: $751 to $1,100 (for exceptional achievements that significantly advance PBCG’s
                       mission, goals and objectives.

       A.      Special Achievement Awards will be distributed quarterly. If necessary, awards will be
               prorated for the quarter so that the Committee can operate within the funds available. The
               monies allocated for bargaining unit Special Achievement Awards will be at least 23% of
               all monies allocated for all awards.
       B.      Employees who are approved to receive a Special Achievement Awards have the option of
               receiving all cash or all time-off. Each hour of time-off equates to 0.5% of a person’s base
               salary.

6.     The PBGC-NAGE Joint Awards Committee (Committee):

       The PBGC-NAGE Joint Awards Committee (Committee) will be composed of eight (8) members,
       four (4) appointed by each Party. Initially, each Party will appoint two (2) members for eighteen
       (18) month terms and two (2) members for thirty (30) month terms. Thereafter, appointments,
       except for replacements, will be appointed to a two (2) year term with each Party replacing
       members whose terms have expired. The goal is to replace two (2) Union and two (2) Employer
       members every year. Members should serve full terms, but either Party may replace their
       appointees for reasons they consider sufficient in consideration of the goal. Replacements will
       serve the unexpired term of the members they replace.
       A.     A committee member must recuse him or herself from a decision when he or she submitted
              the nomination, is the subject of the nomination, or his or her immediate subordinate or
              superior is the subject of the nomination.

       B.     The Committee will issue a call for nominations in October, January, April and July of
              each year for Special Achievements Awards. The Committee will establish procedures
              and time lines for submission and processing of award nominations with the following
              exceptions:

1      Award nominations accepted in response to each call must be decided on within the quarter in
which the call was issued.
2      All members will be on duty time when carrying out their responsibilities.
3      Members may vote by conference calls, e-mail, or in writing in lieu of attending a meeting,
however, proxies will not be allowed.
4      The Committee meetings will occur in private, except for a facilitator and any staff needed for
support; and
5      The Committee will generally allocate the funds so as not to exceed one-fourth (¼) of the annual
Benchmark Amount in any one call.

       C.     The Committee will review a nomination to determine whether it meets the criteria
              outlined in the Appendix to this Article. The Committee may obtain additional
              information, and may invite employees with technical expertise to answer questions. If
              the Committee decided that an award is warranted, the Committee will then determine
              the amount of the award. The Committee will notify nominated employees and the
              nominator of its decisions, including any votes, in writing or by e-mail. A nominee or
              nominator has a right to seek review of the Committee’s decision to the following
              extent:

1        Unanimous decision of the Committee not to grant an award or to grant either the lower or higher
level award is final and non–appealable. A decision of no award will be accompanied by an explanation
from the Committee as to its decision and the nominee or the nominator may resubmit the award within
thirty (30 days).
2        A majority decision of the Committee to grant the lower or higher level award is final and non-
appealable. A majority decision of the Committee not to grant an award may be reconsidered by the
Performance and Recognition Review Board (Review Board) if the employee so requests within fifteen
(15) days of the Committee’s decision.
3        If a majority of the Committee’s members cannot reach agreement on an action (i.e., whether or not
to issue an award or what level the award should be), the nomination will be automatically referred to the
Review Board for final decision.

D.     The Committee, to improve the effective and efficiency of the award determinations, may refine or
       sharpen the Special Achievement Award criteria as long as the original concept or intent outlined in
       the Appendix to this Article is not changed. Where the Committee cannot reach agreement on what
       criteria to change or how criteria is to be changed, recommendations will be forwarded to the
       Review Board for final decision.

E.     The Review Board has the authority to the extent described in subsections 6.C. and 6.D. above.
1       The Review Board will be composed of the Director, Human Resources Department, NAGE Local
President or designee, and a third member whom they will choose. If the Director, Human Resources
Department and Union President cannot agree on the third member, the Permanent Arbitrator will serve
until an agreement is reached. The costs associated with engaging the Permanent Arbitrator as the third
Party member of the Committee will be borne equally by the Union and the Employer.
2       Where the Director, Human Resources Department and Union President agree on an action, that
will be the final and non-appealable decision of the Review Board. Where they cannot agree, a final
decision will be made by Agreement between the third member of the Board and either of the other two (2)
members.

Section 3: Time Off Awards

1       The Parties agree that Time-Off as an Incentive Award is a positive recognition option. Time-off
awards are excused absences granted to employees, without change to leave or loss of pay, as an award in
recognition of superior accomplishment or other personal effort contributing to the quality, efficiency or
economy of Government operations. Time-off awards may be granted to any PBGC full or part-time
employee. They may be granted to an individual, or a group of individuals.
        2.      Time-off awards are intended to recognize a variety of employee contributions. They
represent another option available for recognition of employee excellence in performance and service.
Time-off awards may be used alone, or in combination with monetary or non-monetary awards. Time-off
awards may be used to satisfy, in whole or part, performance-related award requirements. Examples of
employee achievements that could be considered for a time-off award include, but are not limited to:
        A.      An act of heroism;
        B.      High quality contribution to a difficult or important project or assignment;
        C.      Using initiative and creativity to improve a product, activity or service;
        D.      Ensuring that the mission of the unit is accomplished during a difficult work period by
successfully completing work or a project assignment while maintaining the employee’s own workload;
and
        E.      Sustained high-level performance for an extended period, as reflected, for example, in a
rating of record.
2       For each fiscal year, each department and executive office will have a time-off hourly awards bank.
3       A full-time employee may be granted up to 40 (forty) hours of time off during a single fiscal year
for time-off awards. A part-time employee may be granted up to the average number of hours of work in
his/her weekly scheduled tour of duty for time-off awards in a single fiscal year.
4       Time-off awards must be taken in one (1) hour increments. The minimum award amount is four (4)
hours.
        6.      In determining the amount of a time-off award, the recommending official shall consider the
benefits realized by the Government from the employee’s contribution. The award amount should be in
proportion to the benefits realized. The scale in Appendix B to PBGC Directive PM 20-2 may be used as a
guide to determine the appropriate time-off award. When considering the amount of a time-off award to be
granted as part of a
        combined award, the recommending official should be sensitive to the perceptions that could arise
from combining large time-off awards with substantial cash awards. Each hour of a time-off award will be
considered to be valued at 0.5% of a person’s base salary.
5       Employee preference may be considered when determining whether to approve or recommend a
time-off award or cash award. Employee preference must be considered when the time-off award is
proposed to satisfy performance-related award requirements.
6       A time-off award shall not convert to a cash payment under any circumstances, nor may it be
transferred to another agency if the employee leaves PBGC without using the awarded time.
7       Use of time-off awards must be approved by the employee’s immediate supervisor. Supervisors are
encouraged to schedule, and employees are encouraged to take, the time award in a single absence.
8       Deputy Executive Directors and Department Directors may grant time-off awards consistent with
the office/departments hourly bank except when they are the initiator of the recommendation and/or the
recommendation included an immediate subordinate. In such cases, the next higher level official must
approve.

Section 4: On-The-Spot Awards

1       “On-The-Spot Awards” cash awards serve to enhance employee morale and encourage high quality
service through an immediate cash award system to recognize employees who perform quality service in
an exceptional manner.
2       The On-The-Spot award can be granted to recognize personal accomplishments that result in
quality service to colleagues or clients, either within or outside the employee’s organization. For example,
an employee who volunteers for extra or emergency assignments while maintaining his or her own
workload, or an employee who is willing to use initiative and creativity to solve an unusual customer
problem might be recipients of this award.
3       All employees are eligible for On-The-Spot awards. Employees should be nominated no more than
seven (7) days after the occurrence of the achievement being recognized, and the award should be paid
within ten (10) days of the occurrence. An employee may not receive more than the two (2) On-The-Spot
cash awards per fiscal year.
4       Net amounts of On-The-Spot awards may not exceed $150 and may be granted in $50 increments.
On-The-Spot awards must allow for taxes, so the taxes will be added to the net amount to arrive at the
gross amount of the awards. The gross amount of the award will be counted for purposes of utilizing the
funds available. When a department/office

       has expended its On-The-Spot funds for a fiscal year, no other cash awards may be
       granted in that fiscal year.

1      The supervisor or any other PBGC employee may nominate an employee by completing PBGC
form 200. A brief statement of the basis for the nomination must be placed in the space provided on the
form. Nominations by other than the employee’s supervisor must be concurred in by the employee’s
supervisor.
2      When an On-The-Spot award has been approved, the employee will be presented the award. The
employee will present the original form 200 to the Payroll/Travel office for payment.

Section 5: Non-Monetary Awards

1       The Parties agree to the utilization of non-monetary awards as a way to recognize employees and
have agreed on proposed programs.
2       The Parties further agree that programs should reflect the needs of individual departments as jointly
identified by employees and managers. To the degree that the budget rules and equity allow, such jointly
developed programs will be supported by the Parties. The Employer and the Union shall have equal roles
in deciding the basis for nonmonetary awards and shall jointly administer the program and jointly decide
on the awardees.
Section 6: PBGC Annual Awards Ceremony

The Employer will hold an annual awards ceremony to recognize the contributions of all employees.
Employees who attend the ceremony will be permitted to do so on duty time. A committee will be
established by the Employer to plan the ceremony and will include bargaining unit employees appointed
by the Union. As part of the ceremony, the committee will consider what role the Union shall play in the
ceremony.
                                                ARTICLE 5

                                           BUSINESS CARDS


Section 1: Provision of Business Cards

The Employer will provide business cards to employees whose positions require at least weekly contact
with the public. Business cards will be replenished when the employee has a change of name, department
or telephone number or when he/she has demonstrated a business necessity for a new supply. Orders for
business cards shall be placed on a quarterly basis.

Section 2:

Supervisors shall authorize payment for business cards for those employees who certify that their work
related face-to-face contact with the public, to include plan administrators and sponsors, plan participants,
outside contractors or contacts related to court appearances is, at least, weekly. Business cards shall be of a
standard design, to include a generic working title, and shall be reissued on an as needed basis.

                                                ARTICLE 6

                                              CHILD CARE


Section 1: Subsidized Child Care

The Employer and the Union agree to develop a Memorandum of Understanding outlining a subsidized
child care program in accordance with Public Law 106-58, Section 643. The parties also agree that the
Employer will withdraw from the existing child care consortium into which the Agency entered into on
May 17, 1999 and place all monies budgeted for that consortium into this program.

Section 2:

The Memorandum of Understanding, once agreed to, will be appended to this Agreement.

See Memorandum of Understanding Appendix “B”.
                                                ARTICLE 7
               CONDUCT OF LABOR-MANAGEMENT REPRESENTATIVES


Labor-Management Representatives

The Parties recognize that a productive labor-management relationship is substantially dependent on an
atmosphere of professional dealings and mutual respect, and agree that they shall be obligated to act
accordingly. Though violations of this Article are not grievable, the Parties agree to discuss any alleged
violations in an attempt to maintain a professional productive relationship.
                                               ARTICLE 8

                                         CONTRACTING OUT


Section 1: Furnishing Information

1       Commencing within sixty (60) days after the effective date of this Agreement, the Employer shall
annually provide the Union with a list of all contractors and consultants who perform work that may
ordinarily be performed by bargaining unit employees. The list shall include a synopsis of the agreed-to
statement of work for each contractor. The Union does not waive its right to receive additional
information, pursuant to 5 U.S.C. Section 7114.b, provided the Union identifies the particularized need for
each request.
2       The Employer will provide the Union with a copy of each contract solicitation document package
that involves work of the type that could be done by bargaining unit employees when that package is
released by the contracting officer.

Section 2: Evaluations and Decisions to Contract Out

1       Whenever directed by a higher authority in the Executive or Legislative branches to consider or
evaluate the efficacy of contracting out or privatizing any work or function that is currently being
performed by bargaining unit employees, the Employer shall immediately notify the Union in writing and
provide copies of all pertinent documentation. The Employer shall, thereafter, promptly provide the Union
with a copy of all subsequent communications between it and such higher authority concerning such
matters.
2       If the Employer decides to contract out work being performed by bargaining unit employees as of
the date of this Agreement, it shall immediately notify the Union. After notification, if the Union so
desires, the Employer will negotiate the implementation of that decision and its effect on bargaining unit
employees.
3       The Employer shall not convert to contract work performed by bargaining unit employees until it
has notified the Union and for sixty (60) days thereafter. Moreover, if the Union elects to bargain, the
Employer shall not convert to contract work performed by bargaining unit employees until the completion
of bargaining unless doing so would be “consistent with the necessary functioning of the Agency,” as that
phrase is interpreted by the FLRA.
4       In compliance with the Federal Acquisition Regulation (FAR), the Employer shall insert the
following clause in all solicitations which may result in a conversion from in-house performance to
contract performance of work currently being performed by the
Government and in contracts that result from the solicitations, whether or not a cost comparison is
conducted:

A.     The Contractor shall give Government employees who have been or will be adversely affected or
       separated as a result of award of this contract the right of first refusal for employment openings
       under the contract positions for which they are qualified, if that employment is consistent with post-
       Government employment conflict of interest standards.

B.     Within ten (10) days after contract awards, the Employer will provide to the Contractor a list
       of all Government employees who have been or will be adversely affected or separated as a
       result of award of this contract.

C.     The Contractor shall report to the Employer the names of individuals identified on the list who are
       hired with ninety (90) days after contract performance begins. This report shall be forwarded
       within one hundred and twenty (120) days after contract performance begins.
                                                ARTICLE 9

                          DETAILS AND TEMPORARY PROMOTIONS


Section 1: Details

        1.      Definition:
        A detail is the temporary assignment of an employee to a different position or to a different set of
duties for a specific period, with the employee returning to his/her regular duties at the end of the detail. A
detail can be to a position at the same or lower grade level, to a higher grade level or to unclassified duties.
The detailed employee continues to officially be the incumbent of the position from which detailed. Details
do not require that the employee meet either time-in-grade or qualifications under the Office of Personnel
Management’s (OPM) Qualification Standards Handbook.
2       Procedure and Records:

       A.      Details of two (2) pay periods or less need not be documented.

       B.      The Employer shall document any detail in excess of two (2) pay periods in the
               employee’s Official Personnel File and will forward a copy of the record to the
               employee. Additionally, the supervisor may consider appropriate forms of recognizing
               the employee’s performance during the detail.

       C.      Details to higher graded positions may only last for up to one hundred and twenty
               (120) days.

       D.      An employee who is detailed to a position at a higher grade for more than two (2) complete
               pay periods and is qualified for the higher grade will be temporarily promoted and shall be
               paid at the higher grade upon the effective date of the temporary promotion.
       E.     When an Employer intends to detail an employee to a higher graded position, it will first
              determine whether that employee meets the minimum qualifications and time-in-grade
              requirements. If the employee does not meet either requirement, the Employer will advise
              the employee of that fact and allow the employee the option to volunteer for the detail
              knowing that he/she will not receive a temporary promotion.
Section 2: Temporary Promotions

1.     Definition:

       A.      A temporary promotion is a temporary assignment of an employee to a position with a
               higher grade than the employee’s position of record. The Employer may make a temporary
               promotion to a classified position to promote the efficiency of the Employer’s operation
               and/or for such reasons as to assure accomplishment of the Agency’s mission. Any
               employee being temporarily promoted must meet all the time-in-grade qualifications under
               OPM’s Qualifications Standards Handbook regardless of the duration of the temporary
               promotion.

       B.      Procedures and Records:

1      Temporary promotions must be documented with an SF-50, a copy of which will be forwarded to
the employee.
2      Temporary promotions of one hundred and twenty (120) days or less may be made non-
competitively.
       3.      Temporary promotions for more than one hundred and twenty (120) days will be
accomplished in compliance with this Agreement, merit promotion rules and regulations. These
competitive actions may be made for a period not to exceed five (5) years; extensions may only be granted
with approval from the Office of Personnel Management as provided for in 5 CFR
       335.102.f.
3      The employee shall be paid at the higher grade upon the effective date of the temporary promotion.

Section 3: Return To Permanent Position

When an employee returns to his/her permanent position from either a detail or a temporary promotion, the
employee and the supervisor shall discuss any changes that have taken place in the workplace in the
employee’s absence and any need for training or refamiliarization. Employees who are on formally
documented details will be relieved of responsibility by the Employer for work assigned in the position of
record, provided that such work is not encompassed by the detail. The relief of responsibility shall
terminate with the employee’s return to his/her position of record.

Section 4: Back Pay for Temporary Promotions

In the event that the Parties mutually agree or a third Party determines that back pay for a temporary
promotion is warranted for a period of greater than five (5) years, the Employer shall request
authorization from OPM to extend the promotion period, as provided by regulation.
                                              ARTICLE 10
                            DISCIPLINARY AND ADVERSE ACTION


Section 1: Standards and Definitions

1       The Employer may take disciplinary and adverse actions only when necessary to promote the
efficiency of the service. In order to take disciplinary and adverse actions for off-duty misconduct, the
Employer must demonstrate a connection between the misconduct and the efficiency of the service. An
unacceptable performance rating is not determinative of whether an employee’s performance fails to
promote the efficiency of the service. All actions under this Article will normally be taken in a timely
fashion.
2       For the purpose of this Article, a disciplinary action is defined as a written reprimand or a
suspension of fourteen (14) calendar days or less. An adverse action is defined as a suspension of more
than fourteen (14) calendar days, a furlough for thirty (30) calendar days or less, a reduction in grade or
pay, or a removal.
3       The standard of proof in any arbitration over an action covered by this Article shall be the
preponderance of the evidence.
4       The Employer recognizes its obligation to maintain a workplace that is free from unlawful
discrimination. In this regard, the Employer shall not investigate or examine an employee or initiate
disciplinary or adverse action against an employee because the employee has opposed unlawful
discrimination or because the employee has participated in any manner in protected EEO activity or
provided testimony or information to the Inspector General.

Section 2: Progressive Discipline

1       Where corrective action can be appropriately accomplished through closer supervision, on-the-job
training or oral admonishments, formal disciplinary or adverse action should not be taken. Should oral
counseling or admonishments not be effective, a supervisor may refer to these sessions when preparing
more formal actions if the formal action is taken within three (3) months.
        2.      After counseling, disciplinary actions to correct offending employees and to maintain
discipline and morale among other employees shall normally be applied in order to correct offending
employees prior to initiation of an adverse action. Removal actions shall normally be preceded by such
progressive measures as reprimands, suspensions of less than fourteen (14) calendar days and suspensions
exceeding fourteen calendar days, unless the matter giving rise to the removal action is so flagrant and/or
serious that
         discharge for the first or second offense is warranted under Douglas v. Veterans Administration, 5
M.S.P.R. 280 (1981).
2       Disciplinary and adverse actions normally will be initiated by the employee’s immediate
supervisor.

Section 3: Disciplinary Actions

1       Letters of Reprimand – A letter of reprimand is the least severe form of disciplinary actions. It will
be in writing and signed by an employee’s immediate supervisor or a higher management official, state
specifically and in detail the reasons for the reprimand, and notify the employee of his grievance rights as
set forth in the Grievance Article. A grievance will stay the effect of the letter. Once in effect, the letter
will remain in the employee’s official personnel for one (1) year, except that it may be removed earlier at
the issuer’s discretion if there is no recurrence of the kind of situation which prompted its issuance. An
employee may petition at any time, but not more frequently than once every three (3) months, for an early
removal of a reprimand. A decision to retain the letter in the employee’s is non-grievable.
        2.      Suspension Without Pay – for fourteen (14) Days or Less. Whenever a supervisor proposes
to suspend an employee for fourteen (14) days or less, the supervisor will provide the employee with
written notice of the proposed suspension. That notice will:
        A.      State the specific reasons for the proposed suspension;
        B.      Include as attachments any documentary evidence that the supervisor wishes the deciding
official to consider;
        C.      Indicate that the employee has the opportunity to furnish information to the deciding official
orally and in writing within fourteen (14) days of receiving the notice; and,
        D.      Indicate that the employee is entitled to a representative.
2       Requests for extensions of time will be given reasonable consideration.
        4.      If, subsequent to the employee’s answer to a proposed suspension, the Employer should
conduct a supplemental investigation which produces further documents, the Employer will provide any
such newly generated documents to the employee and his/her representative. With seven (7) days of
receiving the documents, the employee or his/her representative may submit written comments as to the
merits of the newly generated documents and/or why their inclusion in the decision process warrants an
additional opportunity for an oral reply. The Employer may, at its sole discretion, grant a subsequent
opportunity for an oral reply, except that the Employer shall provide an
        opportunity for a subsequent oral reply if denial of an oral reply would constitute harmful error.
3       Nothing in this section shall preclude a deciding official from examining pre-existing documents
such as the employee’s official personnel folder or performance appraisals which the
employee/representative knew or should have known existed.
        6.      Where an employee chooses to make an oral reply, the reply will be heard by a higher level
management official than the official who issued the notice of proposed action, except when the proposing
official is a Department Director or above. When the proposing official is a Department Director or above,
the proposing official will designate a person to hear the employee’s reply and to make a recommendation
on the proposed action. The oral reply, if made, shall be summarized with copies given to the employee
and his/her representative. The representative/employee shall be given seven
        (7) days from the date of receipt of the summary to indicate in writing any errors or omissions in
the summary. Any such response will be attached to the summary and included in the file and submitted to
the deciding official.
4       The final decision in any disciplinary action covered by this Section shall be made by a higher level
management official than the official who issued the notice of proposed action, except when the proposing
official is a Department Director or above. When the proposing official is a Department Director or above,
the proposing official shall issue the final decision. The deciding official will make a decision on the
proposed suspension as soon as practicable after all replies by the employee provided for in this Section.
The decision will contain the Employer’s findings with respect to each reason and specification made
against the employee in the notice of proposed action, will set forth the reasons for any action and will
inform the employee of his/her grievance rights as set forth in the Grievance Article.

Section 4: Adverse Actions

1.     Procedure – Whenever a supervisor proposes to initiate an adverse action against an employee, the
       supervisor will provide the employee with a written notice of the proposed action that notice will:
       A.      State the specific reasons for the proposed action;

       B.      Include as attachments documentary evidence that the supervisor wishes the deciding
               official to consider;

       C.      Indicate that the employee has the opportunity to furnish information to the deciding
               official orally and in writing within twenty-one (21) days of receiving the notice; and

        D.      Indicate that the employee is entitled to a representative.
1       Requests for extensions will be given reasonable consideration.
        3.      Where an employee chooses to make an oral reply, the reply will be heard by a higher level
management official than the official who issued the notice of proposed action, except when the proposing
official is a Department Director or above. When the proposing official is a Department Director or above,
the proposing official will designate a person to hear the employee’s reply and to make a recommendation
on the proposed action. The oral reply, if made, shall be summarized with copies given to the employee
and his/her representative. The representative/employee shall be given seven
        (7) days from the date of receipt of the summary to indicate in writing any errors or omissions in
the summary. Any such response will be attached to the summary and included in the file submitted to the
deciding official.
2       If, subsequent to the employee’s answer to a proposed action, the Employer should conduct a
supplemental investigation which produces further documents, the Employer will provide any such newly
generated documents to the employee and his/her representative. Within seven (7) days of receiving the
documents, the employee or his/her representative may submit written comments as to the merits of the
newly generated documents and/or why their inclusion in the decision process warrants an additional
opportunity for an oral reply. The Employer may, at its sole discretion, grant a subsequent opportunity for
an oral reply, except that the Employer shall provide an opportunity for a subsequent oral reply if denial of
an oral reply would constitute harmful error.
3       Nothing in this Section shall preclude a deciding official from examining pre-existing documents
such as the employee’s official personnel folder or performance appraisals which the
employee/representative knew or should have known existed.
4       The final decision in any adverse action covered by this Section shall be made by a higher level
management official than the official who issued the notice of proposed action, except when the proposing
official is a Department Director or above. When the proposing official is a Department Director or above,
the proposing official shall issue the final decision. The deciding official will make a decision on the
proposed action no sooner than thirty (30) days after the employee received the notice of proposed action,
unless the Corporation reasonably believes that the employee has committed a crime that may result in
imprisonment. The decision will contain the Employer’s findings with respect to each reason and
specification made against the employee in the notice of proposed action, will set forth the reasons for any
action and will inform the employee of his/her statutory appeal rights and right to contact the Union about
appealing the decision to arbitration.

Section 5: Information Concerning Proposed Disciplinary & Adverse Actions

In any action taken under this Article, an employee will, at his or her request, be furnished a copy of
that portion of all written documents which contain evidence relied upon by the Employer in reaching
its decision to propose or impose discipline. This includes the material on which the notice of
proposed action is based, including statements of witnesses, documents, and investigative reports or
extracts. Furthermore, the employee will be provided with any such additional material concerning
the notice of proposed action which is generated prior to the oral and/or written reply and is furnished
to the oral reply and/or deciding official.

Section 6: Examination of Employees (Weingarten Rights)

1       At an employee’s request, the Union shall be given the opportunity to be present at any
examination of an employee in the unit by a representative of the Employer in connection with an
investigation, so long as the employee being examined reasonably believes that the examination may result
in disciplinary action against the employee.
2       Notice of this employee entitlement shall be posted annually and the Employer shall distribute a
copy to all employees annually, either by electronic mail or by hard copy.
3       The Employer’s representative shall, prior to beginning the examination, provide the employee
with a written description of the subject matter of the investigation. If the employee requests Union
representation, he/she will be given a reasonable amount of time to secure such representation if the
Employer’s representative wishes to proceed with the examination.

Section 7: Access To Witnesses

The Union or the affected employee (if unrepresented) may notify the Employer of any witnesses that
might have relevant information concerning any proposed action under this Article. The Employer will
make any such witness reasonably available and will assist the Union or the employee in interviewing such
witnesses when necessary.

Section 8: Maintenance and Use of Disciplinary & Adverse Action Records

The Employer will remove letters of reprimand from an employee’s file after one (1) year or at the time
when an employee’s petition to remove the letter is granted, whichever is earlier. The Employer will
destroy records of suspensions of fourteen (14) days or less two (2) years after the action has been
finalized, unless a related action is still pending in any forum. The Employer will destroy records of
suspensions of more than fourteen (14 days, removals, reductions in grade or pay, and furloughs of less
than thirty (30) days three (3) years after the action has been finalized, unless a related action is still
pending in any forum. Deciding officials will not consider past disciplinary or adverse actions in deciding
whether the alleged misconduct occurred, but they may consider existing records of past disciplinary or
adverse actions in determining the appropriate penalty. In assessing the penalty, however, the deciding
official must give consideration to the freshness of the past disciplinary or adverse action. Freshness will
be determined as follows: adverse actions three (3) years; disciplinary actions two (2) years; reprimands
one (1) year. A stay of disciplinary or adverse action imposed under Section 10, below will not affect the
Employer’s ability to consider the underlying action in assessing an appropriate penalty for a new action.

Section 9: Official Time to Prepare Responses

Employees shall have to eight (8) hours of duty time to prepare a reply to a proposed disciplinary action,
up to sixteen (16) hours of duty time to prepare a reply to a proposed suspension of more than fourteen
(14) days, a reduction in grade or pay, and a furlough of less than thirty (30) days, and up to thirty-two (32)
hours of duty time to prepare a reply to a proposed removal. The Employer will grant reasonable amounts
of additional duty time for the following:
1      To prepare a supplemental response to proposed disciplinary or adverse action when the Employer
has prepared a supplemental investigation; or
2      When the employee demonstrates good cause for such an extension.

Section 10: Stay of Disciplinary and Adverse Actions

1        Upon request from the Union or the employee (if unrepresented), the Employer will stay all
disciplinary and adverse actions, except removals, until the Union and/or employee has exhausted all
administrative appeals of the action. The Employer will not effect any disciplinary or adverse actions until
the Union and/or employee has exhausted all administrative appeals or until the time period in which to
file an appeal has expired and the Union or employee has not appealed. “Administrative appeals” include
grievances that are provided for and arbitrations.
2        Where a Department Director or deciding official removes or terminates the employment of an
employee the employee may within two (2) workdays apply to the Executive Director to stay the removal.
Unless the Executive Director or designee orders a stay, the removal will be implemented three (3)
workdays after the employee applies.
3        Where the Employer has decided to remove an employee or terminate the employment of an
employee, and the Union invokes arbitration, the Union may apply to the arbitrator selected to hear the
case for an order that the employee be temporarily reinstated for a specified period of time or until a final
decision has been rendered in the arbitration. The arbitrator will consider the application as soon as
possible. The arbitrator selected may order temporary reinstatement where it clearly appears that (1) the
grounds for the removal are frivolous, (2) the agency acted arbitrarily, (3) the removal is in retaliation for
protected activity, or (4) the penalty is disproportionate to the alleged misconduct.

Section 11: Information to Union

Each quarter the Employer will provide the Union President or designee with sanitized copies of all
disciplinary or adverse actions that the Employer has either proposed or effected during that period.

                                               ARTICLE 11

                                      DISTRIBUTION OF WORK




Management’s Right to Assign Work

To the extent possible, and consistent with management’s right to assign work, the Employer will:

1      Assign work based on an employee’s level of experience, skills and job classification.
2      Solicit qualified volunteers for cases and projects that management deems high profile. The
Employer will consider the volunteers when it chooses individuals for the assignments.
3      Ensure that assignment of work or denial of work assignments will not be made as a reward or
penalty to an employee but in accordance with the Employer’s needs and operational goals.
4      Consider factors so that, to the maximum extent possible, work will be distributed fairly and
equitably to qualified and experienced employees.


                                             ARTICLE 12

                                      DUES WITHHOLDING



Section 1: Dues



This Article is for the purpose of permitting eligible employees who are members of the Union
to pay dues through the authorization of voluntary allotment from their compensation.
Section 2:
The Employer shall continue to comply with and implement the Memorandum of Understanding



between it and the National Association of Government Employees and/or Local R3-77
concerning dues withholdings.
See Memorandum of Understanding – Appendix “C”

                                             ARTICLE 13

                             EMPLOYEE ASSISTANCE PROGRAM


Section 1: Availability of an Employee Assistance Program

1       PBGC will provide an Employee Assistance Program (EAP) as required and defined in applicable
regulations to assist employees who may be experiencing some personal difficulties that may or may not
affect their job performance. Such problems may include, but are not limited to, alcoholism, drug abuse,
emotional problems or other personal problems. This program will be provided through an agreement with
an outside organization of professional counselors.
2       When the Employer intends to solicit for a new EAP contract, it will invite the Union to make
recommendations regarding the criteria for selection.

Section 2: Participation in the Employee Assistance Program

1      The Employer will encourage employees, on a case-by-case basis, to voluntarily seek counseling,
referral and information from the EAP on a confidential basis as soon as it is reasonably believed that they
may be experiencing a problem that is covered by the Program.
2       Employees may voluntarily seek counseling, referral and information from the EAP on a
confidential basis. The confidentiality of medical/counseling records of all employees will be preserved in
accordance with the Privacy Act and other applicable law or regulation.

Section 3: Use of Leave Program

Employees utilizing the services of the EAP will be granted sick leave or leave without pay for this
purpose on the same basis as any other illness when absence from work is necessary.

Section 4: Promoting the EAP

1       PBGC and NAGE will cooperate with each other in encouraging employees to avail themselves of
the services provided by the EAP and by attempting to utilize these services to rehabilitate employees who
seek assistance.
2       PBGC will make employees aware of the services provided by the EAP at new employee
orientation and annually. Should PBGC provide training seminars designed to acquaint supervisors and
managers with the Program and its operation, a representative from NAGE will be invited to attend.

                                              ARTICLE 14

                                    EMPLOYEE ORIENTATION

Section 1: Orientation

The Union will be given a reasonable period to time, normally not to exceed twenty (20) minutes, to
address new employees who are in the bargaining unit. This Union orientation will take place during the
same time that the Employer conducts it initial orientation of new employees. The Union will have the
right to discuss the contract, current labor-management issues, its benefits programs, the laws and
regulations on Federal sector labor relations, its internal structure and any other subject that does not
slander or libel a Government official or connote Employer sponsorship of the Union. This will be done in
the same area the Employer uses for employee orientation.

Section 2:

Orientation meetings are held on alternating Mondays when necessary. If there is a change in scheduling,
management will provide, at least, five (5) days advance notice to the Union of the change and the new
date. Orientation meetings held on the Tuesday after a Monday holiday are not considered changes in
schedule.

                                              ARTICLE 15

              EMPLOYEE PROTECTION FROM UNREASONABLE SEARCH
Protection from Unreasonable Search

The Employer shall comply with the United States Constitution, all applicable laws, rules and regulations
and this Agreement, when it determines that it is necessary to conduct searches of the employee, his or her
work area, personal computer or voice mail messages.
                                              ARTICLE 16

                   EMPLOYEES RIGHTS AND CIVIC RESPONSIBILITIES


Section 1: Right to Seek Remedial Relief

The initiation of a grievance pursuant to Article 21 or a complaint or application for benefits or the
exercise of rights by an employee will not cause any reflection on his/her standing with his/her supervisor
or his/her loyalty or desirability to the organization. Employees and Union representatives who have
relevant information concerning any matter for which remedial relief is available under this Agreement
will, in seeking resolution of such matter, be assured freedom from restraint, interference, coercion,
discrimination, intimidation or reprisal. The Employer will not impose any restraint, interference, coercion
or discrimination, or reprisal against any employee in the exercise of his/her right to designate a Union
representative for the purpose of representing to the Employer any matter of dissatisfaction or of
representing the employee to any Government agency or official other than the Employer.

Section 2: Union Membership

Nothing in this Agreement 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 for dues through payroll deductions or by voluntary cash dues payment by a member.

Section 3: Right to Joint or Assist Union

As provided by 5 U.S.C. Section 7102, each employee shall have the right to form, join, or assist any labor
organization or to refrain from any such activity, freely without fear of penalty or reprisal, and each
employee shall be protected in the exercise of such rights. Except as otherwise provided in law and this
Agreement, such rights include the following:

1      The right 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 or other officials of the
Executive Branch of the Government, the Congress, or other appropriate authorities, and
2      The right to engage in collective bargaining with respect to conditions of employment through an
exclusive representative chosen by employees.

Section 4: Freedom to Disclose Unlawful Activity and Engage in Private Conduct
The Employer agrees that any employee who has the authority to take, direct others to take,
recommend or approve any personnel action, shall not, with respect to such authority:
1.    take or fail to take personnel action with respect to any employee or applicant for
      employment as a reprisal for:

       A.      A disclosure of information by an employee or applicant which the employee or applicant
               reasonably believes evidences a violation of any rule, law, or regulation, or
               mismanagement, a gross waste of funds, an abuse of authority or a substantial and specific
               danger to the health and safety of fellow employees or the public, if such disclosure is not
               otherwise prohibited by law; or

       B.      A disclosure to the Office of Special Counsel, or to the Inspector General of an agency or
               another employee designated by the Executive Director to receive such disclosures, or
               information which the employee or applicant reasonably believes evidences a violation of
               any rule, law, or regulation, or mismanagement, a gross waste of funds, an abuse of
               authority, or a substantial and specific danger to public and employee health or safety.

       C.      The burden of proof will be on the employee to establish that reprisal has occurred.

2.     Discriminate against any employee for conduct exercised within the scope of his/her first
       Amendment rights.

Section 5: Political Activities

All employees may participate in political activities to the extent allowable by law. An employee may not,
however, receive a political recommendation in connection with examinations for, or appointments to,
positions in the competitive service, or to effect personnel actions.

Section 6: Civic Responsibility

The Union and the Employer recognize and jointly encourage employees as individual citizens and as
members of a community to contribute voluntarily to worthwhile organizations as part of their personal
responsibilities as citizens.

Section 7: Rights Regarding Solicitations for Contributions

Employees may voluntarily participate in and respond to lawful drives or solicitations for monetary
contributions, including, for example, the Combined Federal Campaign, Savings Bond Drive and Blood
Drive. Participation and contributions shall be totally voluntary. There shall be no pressure or coercion,
and there shall be no discrimination or reprisal against any employee for non-participation or non-
contribution. No supervisor or manager shall solicit a subordinate.
                                              ARTICLE 17

                                         EMPLOYER RIGHTS
Section 1: Employer Responsibilities Under Provisions of Laws and Regulations

In the administration of all matters covered by this Agreement, the Employer and all employees are
covered by the terms of this Agreement, PBGC regulations which do not conflict with the terms of this
Agreement, and Government-wide rules, regulations and statutes.

Section 2: Management Rights

Management officials of the Employer retain the right, in accordance with applicable laws and
regulations:

1       To determine the mission, budget, organization, number of employees, and internal security
practices of the agency; and
2       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; and
3       To assign work, to make determinations with respect to contracting out, and to determine the
personnel by which agency operations shall be conducted; and
4       With respect to filling positions, to make selections for appointments from among properly ranked
and certified candidates for promotion, or any other appropriate source; and
5       To take whatever action may be necessary to carry out the agency mission during emergencies.

Section 3: Employer-Made Rules

The right to make rules and regulations is an acknowledged function of the Employer. In making rules and
regulations relating to personnel policy, procedures, practices and matters of working conditions affecting
unit employees the Employer shall meet its obligations contained in this Agreement and applicable laws. In
exercising these rights the Employer shall not void or diminish the rights of the Union or employees as
contained in provisions of this Agreement or law or regulation.
Section 4: Notice to Union of Management Decisions

The Employer agrees that, in order to foster a positive ongoing relationship with the Union, it will timely
inform the Union of decisions made in the areas of retained management rights when such decisions
impact on the employees.
                                              ARTICLE 18

                            EQUAL EMPLOYMENT OPPORTUNITY


Section 1: Commitment to Equal Employment Opportunity

1       The Employer and the Union in fulfilling their respective responsibilities are committed to
providing each employee equal opportunity regardless of an individual’s race, color, religion, sex
(including sexual harassment, and pregnancy, childbirth, or related medical conditions), national origin,
age, sexual orientation, or disability.
2       Any employee who meets with an EEO Counselor or who files an EEO complaint will be free from
restraint, coercion, interference reprisal or further discrimination. EEO Counselors shall be free from
restraint, interference, coercion, discrimination or reprisal in carrying out their duties.
3       The Parties further agree that the Equal Employment Opportunity Program shall be administered in
compliance with applicable laws, regulations, and PBGC directives.

Section 2: Affirmative Employment Program Plan

1      The Employer agrees to solicit and consider the views and suggestions of the Union when it
formulated its Affirmative Employment Program Plan (AEPP)
2      The Employer agrees to provide the Union President with a copy of the AEPP. Additionally, upon
request, the Employer will provide a copy of any quarterly EEO reports and statistics generated under
AEPP, statistical data concerning the number and types of discrimination complaints in process, and the
progress in meeting goals for the employment of women, minorities, disabled veterans, and individuals
with disabilities.

Section 3: EEO Counselors and Counselor Activity

1        When the Employer recruits non-supervisory staff to fill collateral-duty EEO Counselor positions,
it will solicit nominations of employees from the Union in addition to any other efforts made to identify
interested candidates.
2        An interview panel composed of the EEO Manager, EEO Complaints Coordinator and the NAGE
President, or their designees, will be formed. The panel will interview all candidates, and recommend
candidates for selection. The Director of EEO will appoint EEO Counselors. The Employer will not
appoint any Union official or stewards as an EEO Counselor.
3        The Union will be notified by the Employer of the names of the employees selected as EEO
Counselors. The pictures, names and organizational location of EEO Counselors will be posted on
appropriate bulletin boards.
4        EEO Counselors shall be afforded a sufficient amount of duty time to carry out those duties
assigned to them in discharging their EEO roles. They shall receive proper and appropriate training as
required by EEOC regulations.
5        To the extent that the Employer provides formal in-house training in EEO regulations, processes
and procedures to EEO Counselors, the Union will be afforded the opportunity to send three (3)
representatives to attend on duty time.
6        The EEO Manager, upon the Counselor’s request, will attach an addendum to that employee’s
annual performance evaluation regarding that employee’s performance as an EEO Counselor.

Section 4: Representation in EEO Matters

1       If an employee sees an EEO Counselor or files an EEO complaint, the employee shall have the
right to be accompanied, represented and advised by a personally chosen representative when there is no
apparent conflict of interest. The chosen representative may assist the complainant during all phases of the
EEO complaint process.
2       Both the employee and the employee’s representative, if he/she is in an active duty status shall be
afforded a reasonable amount of official time, normally up to twenty (20) hours each, for the initial
preparation of his/her complaint. All such time should be requested from and reported to the individuals’
supervisor.

Section 5: Notice to the Union
The Union shall be given reasonable notice of all proposed remedial or corrective action to be taken as a
result of formal resolution of EEO complaints filed by employees. The Parties agree that all corrective or
remedial actions will be consistent with the provisions of this Agreement, unless compelling reasons
exist for waiving them.

Section 6: LMRC Role in Discussing EEO Matters

At the request of either Party, the Labor-Management Relations Committee (LMRC) will have EEO as
an agenda item. If requested as part of the agenda, the Employer will discuss the following as it relates to
the Bargaining Unit:

1     Proposed changes in the Affirmative Employment Program Plan (AEPP);
2     AEPP accomplishments to date;
3     The nature and time processing of complaints on hand; and,
4     Ways that future EEO matters may be effectively resolved to the benefit of the employee and the
Employer without the need for possible litigation.

Section 7: EEO Complaint Process

1       Any employee who believes that he/she has been discriminated against on the basis of race, color,
sex, national origin, age or disability must contact an EEO Counselor within forty-five (45) days of the
date the alleged discrimination occurred.
2       If an employee’s EEO concerns cannot be resolved during the informal EEO Counselor stage,
he/she may choose to file either a formal EEO complaint or a grievance but not both, within fifteen (15)
days of receipt of a notice from the EEO Counselor of the right to file a discrimination complaint.

Section 8: Employees with Disabilities

1.     Policy Regarding Reasonable Accommodations:

       A.      Every effort will be made to reasonably accommodate qualified employees with
               disabilities who can perform the essential functions of their position(s) with or without an
               accommodation unless such accommodation would impose an undue hardship on the
               operations of the Corporation.

       B.      Individual accommodations will take into consideration the employee’s specific disability,
               the employee’s suggestions for reasonable accommodations, existing limitations, the work
               environment and undue hardship on the Agency’s operations. Qualified employees with
               disabilities may request specific accommodations which will be promptly considered by the
               Employer. The Employer is not required to provide the employee’s accommodation of
               choice so long as it provides a reasonable accommodation.

2.     Definitions:

       For Purposes of this Agreement:

       A.      “An individual with a disability” is defined as one who:
1       Has a physical or mental impairment which substantially limits one (1) or more of such person’s
major life activities;
2       Has a record of such impairment; or
3       Is regarded as having such an impairment.

       B.      “Qualified individual with a disability” means, with respect to employment, a person
               with one (1) or more impairments, who, with or without reasonable accommodation, can
               perform the essential functions of the position in question without endangering the health
               and safety of the individual or others and who, depending upon the type of appointing
               authority being used:

1      Meets the experience and/or education requirements of the position in question; or
2      Meets the criteria for appointment under one (1) of the special appointing authorities for persons
with disabilities.

       C.      “Reasonable accommodation” means an adjustment made to a job and/or the work
               environment that enables a qualified person with a disability to perform the essentials of
               that position. This may include, but is not limited to, making facilities readily accessible to
               and usable by individuals with disabilities, job restructuring, part-time or modified work
               schedules, the provision of readers or interpreters, and acquisition of or modification to
               equipment or devices, including equipment or devices used in training employees.
               Modification of equipment or devices may include, under appropriate circumstances, such
               things as rearranging files or shelves to improve accessibility for people who use
               wheelchairs, using Braille labels for persons with vision impairments, raising or lowering
               equipment and water fountains to provide comfortable working heights for people with back
               injuries; installing special holding devices on desks, machines or benches for people with
               mobility impairments; using adaptive technology for people who are blind; and adjusting
               bathroom stalls and facilities and doorway widths for people with mobility impairments.

3.     Processing Requests for Reasonable Accommodations and Providing Auxiliary Aids:

       A.      Whenever the Employer receives a request for reasonable accommodation, it will engage
               the employee in an informal dialogue to clarify the request and identify the appropriate
               reasonable accommodation. The Employer may ask the employee relevant questions that
               will enable management to make an informed decision about the request.

       B.      When the employee’s disability and/or need for accommodation is not obvious, the
               Employer may ask the employee or the employee’s authorized representative for
               reasonable medical documentation from an appropriate healthcare professional about the
               employee’s disability and functional limitations. In such a case, if the employee refuses to
               provide reasonable documentation, the employee is not entitled to reasonable
               accommodation.
       C.      Employees who require auxiliary aids and services shall have reasonable advance notice of
               events or activities, preferably seven (7) days, where these aids and services are needed.

4.     Fitness for Duty Exams:
       A.     If there is an employee with a medical condition which appears to physically or mentally
              impair his/her capabilities to safely and effectively complete work assignments, and a
              fitness for duty examination supports this conclusion, option may include:

1      Placing an employee in another position which accommodates his/her medical
condition/limitations.
2      Accommodating the employee in his/her current position by temporarily or permanently modifying
work assignments and/or work environment.

       B.     A fitness for duty examination may also be ordered before management takes disciplinary
              and/or adverse action against an employee for unacceptable conduct or behavior if it
              appears that a medical condition may be at the root of the problem.

5.     Confidentiality of Medical Information:

       The Employer will maintain records and documents relating to medical certification,
       recertifications or medical histories in files or records separate from employees’ official
       personnel files. Information from these records and documents may be disclosed under the
       following circumstances.

       A.     Supervisors and managers may be told about necessary restrictions on the work or duties of
              the employee and about necessary accommodations; and/or

       B.     First aid and safety personnel may be told, when appropriate, if the disability might
              require emergency treatment.

6.     Extreme Weather Conditions:

       A.     Supervisors may grant annual leave to employees who have permanent or temporary
              mobility impairments whenever extreme weather conditions prevent or interfere with the
              employees’ commute to work, regardless of whether the Office of Personnel Management
              has established alternate working schedules due to hazardous weather conditions.

       B.     If, after reporting to work, a mobility impaired employee uses approved leave to go home
              early in extreme weather conditions and the Employer subsequently grants administrative
              leave to other employees because of these conditions, the employee will be granted the
              same amount of administrative leave that he/she would have been granted had he/she
              remained at work until the time the Employer granted administrative leave to other
              employees.

7.     Accessibility:

       A.     The Employer will establish and maintain facilities, including its Field Benefit
              Administration Offices, that comply with the Uniform Federal Accessibility Standards
              established under the Architectural Barriers Act. The Employer agrees to promptly seek
              repairs of broken or damaged facilities that affect accessibility.
       B.      The Employer will provide the Union with copies of any written studies or reports that it
               does or commissions on the accessibility of these facilities.

8.     Preservation of Rights:

       Nothing in this Article waives any rights of employees or the Employer under any laws,
       regulations or provisions of this Agreement.
                                              ARTICLE 19

                             FITNESS FOR DUTY EXAMINATIONS


Requirements

The employer may require an employee to undergo a fitness for duty medical examination in compliance
with law and regulation whenever there is a direct question about his/her continued capacity to meet the
physical or medical requirements of the position. Such an examination may be ordered for instances of job-
related injuries/illnesses and for those that are not job-related.
                                              ARTICLE 20

                                             FLEXIPLACE
Section 1: Purpose

The Pension Benefit Guaranty Corporation (PBGC) and the National Association of Government
Employees (NAGE) jointly acknowledge the mutual benefits of a flexible workplace program to the
Agency and its employees. This Flexiplace program is an effort to promote family friendliness. Directives
on creating a family friendly workplace by supporting the expansion of flexible family friendly work
options support the need for this flexiplace Agreement. Although there are cost related issues involved
here, this program will prove beneficial to PBGC, its employees, and society. Flexiplace has been noted to
improve performance; improve employee morale; increase an employee’s productivity; meet
environmental concerns by decreasing traffic congestion, and reducing stress by giving employees a
chance to balance work and family/personal demands and eliminating the commute for part of the
workweek.

Section 2: Definitions

1       Flexiplace – Flexiplace refers to paid work away from the workplace or at home for an agreed upon
portion of the workweek.
2       Designated Work Area – Designated work area at an alternate work location (AWL) is a single
area, either a room or a portion of a room, that is set aside for the performance of the employees’ official
duties.
3       Portable Work – Work, normally performed at the employee’s official work site, that can be
performed at an alternate work location with equal effectiveness with respect to quality, timeliness and
quantity.
4       Formal or Permanent Flexiplace – Permanent and/or recurring in nature and includes working at
home, or other sites approved by the supervisor. Normally, employees will be scheduled to work at an
alternate work location on a regular and recurring basis.
5        Episodic (Intermittent) Flexiplace – Appropriate for work assignments or conditions (snow days
where there is liberal leave) of limited duration that can be performed at an AWL. This type of Flexiplace
is also appropriate when an employee has medical appointments or teacher conferences and has difficulty
getting to the office for the remainder of the day. It is also appropriate for project assignments that require
few interruptions. They are not permanent and are not necessarily recurring but may occur more than once.
6        Medical Flexiplace – Designed for the continued efforts to promote the Agency’s mission and to
accomplish work while an employee or an employee’s family members have a medical condition which
requires the employee to stay at home or close to home without affecting the employee’s ability to perform
his or her regular work assignment at the AWL.
7        Appropriate Workgroup – A group of employees under a rating official.

Section 3: General Provisions

1        Any Flexiplace program established under this Article will be a voluntary program which permits
employees to work at home or at other approved sites away from the office for all or part of the workweek.
2        Unless specifically changed by the terms of this Article, all other terms and conditions of
employment as outlined in the CBA will remain the same for employees participating in this program. For
example, those employees working an Alternate Work Schedule (AWS) and/or credit hours may continue
to do so while participating in this program. Similarly, overtime and leave rules apply as in all situations.
3        Formal Flexiplace – Up to fifty percent (50%) of all bargaining unit employees of an appropriate
workgroup are eligible to participate in the Formal or Permanent Flexiplace Program if they meet the
criteria in Section 5. Any employee who is participating in the Flexiplace program or on the waiting list as
of the date of this Agreement is eligible to participate in the Formal or Permanent Flexiplace Program up to
fifty percent (50%) per appropriate workgroup.
4        The Twenty-five percent (25%) who are participating in the Flexiplace program as of the date of
this Agreement will be allowed four (4) workdays per pay period if full time; three (3) workdays per pay
period if on the 5/4/9 program; or one (1) day per week if part time.
5        The additional twenty-five percent (25%) will be allowed two (2) workdays per pay period if full
time; two (2) workdays per pay period if on the 5/4/9 program.
6        Episodic Flexiplace – There is no limit on the number of days for those using episodic Flexiplace.
Anyone can use episodic Flexiplace, with supervisory approval, as long as workload permits.

Section 4: Application Process

1      Employees who wish to apply for the Flexiplace program should submit an application to their
supervisors at anytime certifying that they meet the eligibility criteria in Section 5 and they will adhere to
customer service requirements while working at an alternate work location (AWL) (see Appendix D).
2      The supervisor will review the application to participate in the Flexiplace program in accordance
with the criteria listed in Section 5 and either approve or propose to disapprove the application within
fourteen (14) days. A proposed disapproval of an employee’s application will be in writing and state the
reasons for the supervisor’s proposed disapproval. The supervisor will return the application with her/his
decision to approve, or the proposed disapproval, to the employee within the fourteen (14) work day period
and simultaneously provide a copy to the Human Resources Department. If the supervisor has proposed to
disapprove the application, the Human Resources Department will promptly provide a copy to the Union
President or designee with the approval of the employee. If the proposed disapproval by a supervisor has
not changed, it will become a
                                                                      th


       final decision of the supervisor at the end of the twentieth (20 ) work day after theemployee
       submitted the application. The Human Resources Department will notify the employee and, if
       applicable, the Union President or designee that the supervisor’s proposed disapproval has become
       a final decision of the supervisor. The Union President or designee and Employer’s designee may
       confer. An employee may file a grievance at the Step Two level within fifteen (15) days after
       receiving notice from the Human Resources Department that the supervisor’s proposed disapproval
       has become final.

1        If approved, the supervisor will inform the employee whether or not the limit on Formal Flexiplace
has been reached.
2        For purposes of the fifty percent (50%) per division limitation for Permanent or Formal Flexiplace
in maintaining the program, the Employer will send an electronic message quarterly to all current
participants in the Formal or Permanent (recurring day) program who have been in the program for, at
least, ninety (90) days asking them to certify that they have worked, at least, one (1) Flexiplace day at an
alternate work site in the past ninety (90) days. This certification will be by electronic message. Those
participants who do not respond that they have used, at least, one (1) Flexiplace day in the past ninety (90)
days will be removed from the Permanent or Formal program and need to reapply. Those participants who
could not take a Flexiplace day in the past ninety (90) days due to circumstances beyond their control, for
example extended family, maternity or sick leave or workload difficulty, will be automatically reinstated in
the program. If there is no one on the waiting list in a division, then no current participant will be dropped
from the program. The Employer may permit more than fifty percent (50%) of employees in a division to
participate in the Permanent or Formal program.

Section 5: Eligibility for Acceptance into the Flexiplace Program

Employees may participate in the Flexiplace program provided:

1       They volunteered for the Program.
        2.     They must have portable work. Absent unusual circumstances, employees in the following
occupations are considered to meet the eligibility criterion of having portable work:
        Actuaries Computer Specialists Accountants Economists Attorneys Pension Law Specialists
Analysts Other Specialists Auditors Writers/Writer Editors
2       For employees in other occupations, occupation alone is not determinative as to whether the
employee meets the portable work criterion.
3       Their performance has been rated at least Fully Effective (or the equivalent) and they are not on a
Performance Improvement Plan. A failure to maintain performance at the Fully Effective level, as
substantiated by documented counseling by the supervisor, will be grounds for removal from the program
until such time as the participant’s performance again reaches the Fully Effective level (removal from the
program will require reapplication when all applicable criteria are satisfied);
4       They have received no disciplinary or adverse actions within the past six (6) months. A participant
receiving a disciplinary or adverse action may be removed from the program at the supervisor’s discretion
until such time that he/she meets the six (6) months criterion;
5       They are full-time employees or work a part-time schedule of at least thirty-two (32) hours per
week; and
6     Employee is able to transport government equipment on loan to the AWL or has all the necessary
equipment at the AWL.

Section 6: Conditions of Flexiplace

1       Employees who are permanent Flexiplace participants as of the effective date of this Agreement
need not reapply to continue using the program; and those on the waiting list will immediately be
incorporated in the program (as addressed in Section 3), provided they still meet the criteria.
2       Once approved for participation, the employee will inform his/her supervisor of the days of the
week that he/she plans to work Flexiplace. Normally, the participant will give the supervisor this
information two (2) weeks in advance, but this does not prohibit changes in schedule.
3       Accessibility to employees will be through either e-mail access, cellular phone, employee voice
mail, or through employee’s regular phone line.
4       The participant will be available at the designated alternate work sites unless on lunch break, pre-
approved leave or he/she has given the supervisor prior notice.
        5.      The participant using Permanent Flexiplace will be limited to using the number of days as
specified in Section 3, with the following exceptions:
        A.      Special arrangements may be agreed upon for more days per pay period.
        B.      With the agreement of the supervisor, the participant may postpone scheduled days in one
(1) work week to use more days in another work week.
        6.      The participant and his/her supervisor will agree either orally or in writing concerning
potential work to be accomplished and the materials to be taken to the alternate work site prior to the
participant’s Flexiplace days.
        Afterwards, if requested by the supervisor, the employee will provide to the supervisor, either
orally or in writing (as appropriate), the results of the work he/she has done, for example, a list or
description of what work was done or a copy of the actual report or calculations that were produced. The
requirements of the prior Agreement and post-documentation of accomplishments must not be so onerous
as to discourage a participant from taking their Flexiplace day.
5       Modification and Recall: PBGC and NAGE agree that all reasonable efforts will be made to
accommodate the requested Flexiplace days; however, PBGC and NAGE also recognize that there are
situations where the supervisor may need to modify the Flexiplace schedule or recall the employee to their
regular offices, due to travel, training, coverage, or meetings that cannot reasonably be handled via
conference call.
6       Supervisors or the employee may modify the employee’s approved Flexiplace days in advance of
the scheduled days based on work or personal needs. When this occurs, the employee may request alternate
Flexiplace days. Employees participating in the Flexiplace program must be accessible for recall to their
regular offices for work needs due to work emergencies. However, management will take full advantage of
existing technology (teleconference, fax, etc.). A recall shall last no longer than is reasonable to complete
the task or purpose of the recall. Supervisors will give employees reasonable notice of any recall. In any
event, if an employee is recalled on his/her Flexiplace day, the Employer will pay for reasonable
transportation costs to work.
7       When coverage requirements (answering phones, providing clerical or technical support, or
handling inquiries from the public) are an issue, they must be addressed. The Employer will use uniform,
non-discriminatory procedures in establishing coverage requirements. The determination of who will work
which work days to ensure such coverage is within the authority of the supervisor; however, the supervisor
will work with employees to ensure that different employees (within a function) will use alternate
workdays for the Flexiplace. Determining office coverage involves both work site and Flexiplace site. The
personal preference of an employee will be honored where practicable.
        10.     The participant must have the equipment necessary to work at the alternate work site. The
Corporation will provide the participant equipment that would, otherwise, be available, although it is not
under any obligations to purchase equipment for this purpose or deny it to other who may need it. Should
the Corporation be unable to provide the equipment from its availability supply, the participant will have to
provide it through his/her own means.
        A.      If the employee uses Government equipment, the employee will use and protect the
equipment in accordance with established procedures.
        B.      Government-owned equipment will be services and maintained by the Government.
Employees will be given a minimum of twenty-four (24) hours advance notice regarding management
service or maintenance of Government-owned property. Such service or maintenance will occur during the
employee’s normal work hours unless circumstances dictate otherwise.
        C.      If the employee uses his/her own equipment, the employee is responsible for its service and
maintenance.
        D.      The Government is not responsible for operating costs, home maintenance, or any other
incidental costs to the employee (e.g. utilities, cost of phone lines). Employees on Flexiplace care are
entitled to reimbursement for authorized expenses while conducting Government business.
8       Employees on Flexiplace are obligated to ensure a safe and healthy work environment and to apply
necessary safeguards to protect Government records from damage or unauthorized disclosure. Injuries that
arise in the performance of duty at the alternate worksite are subject to the Federal Employees’
Compensation Act.
9       Fair Labor Standards Act: The existing rules in Title 5 U.S.C. and in the Fair Labor Standards Act
governing overtime also apply to Flexiplace arrangements. All overtime work for employees in Flexiplace
assignments must be approved in advance by the supervisor.

Section 7: Medical Flexiplace

1      PBGC may request the employee to provide a physician’s statement of incapacitation or other
acceptable evidence that would necessitate using Medical Flexiplace.
2      The employer may approve up to five (5) days per week at the AWL. This type of Flexiplace is not
intended to be a permanent arrangement and will normally not exceed six (6) months, but may be extended
where appropriate. The employer will use uniform, non-discriminatory procedures for approving this
arrangement under the Flexiplace program.
3      Flexiplace is not and will not be used as a substitute for accommodations that may be available to
disabled employees under the Rehabilitation Act.

Section 8: Termination

1.     Supervisors may terminate an Agreement whenever:

       A.      The criteria for participating in the program is not met, or

B.     When there is a change in work requirements.

1       When terminating a Flexiplace Agreement, management will provide appropriate advance notice of
the termination; the notice will be in writing and will indicate the reason(s) for termination. Management
will apply procedures in a uniform, nondiscriminatory manner to ensure equitable treatment. When a
Flexiplace arrangement is terminated, management shall notify the appropriate Local R3-77 representative
especially for purposes of I & I bargaining when work requirements change.
2      Removal from Flexiplace does not prevent an employee from reapplying for the program.

Section 9: Pre-existing Arrangements

Pre-existing Flexiplace arrangements must be brought into the conformance with this Article (See Section
3 concerning grandfathering in of employees participating in Flexiplace prior to this Agreement).

Section 10: Grievability

Management’s decision on participating, or termination of one’s participation in the Flexiplace program
are grievable (see Article 21 on Grievance Procedures). Denial of episodic Flexiplace is not grievable
unless denial violates any other provision of the Collective Bargaining Agreement. Recall or temporary
modification is grievable through Step 2 of the grievance procedure. However, allegations of a pattern of
supervisory abuse of recall and temporary modification are grievable.
Section 11: Flexiplace Committee

There shall be one (1) joint labor management committee formed to explore and evaluate the use of
established telecommuting centers in Virginia, Maryland and West Virginia.

                                               ARTICLE 21

                                              GRIEVANCES


Section 1: General Provisions

1       This Article establishes the exclusive procedure available to the employees in the bargaining unit,
the Union, and the Employer for resolving all grievances which fall within its scope and which are within
the authority of the Employer or the Union to resolve.
2       Purpose: The purpose of this Article is to provide the sole procedure for the prompt and equitable
resolution of grievances filed by employees and Parties. The Employer and the Union agree that every
effort will be made to settle grievances at the lowest possible level. The filing of a grievance shall not be
construed as reflecting unfavorably on an employee’s good standing, performance, loyalty, or desirability
to the organization.
3       Grievable Matters:

       A.      Definitions – A grievance is defined as any complaint:

1        By any employee in the bargaining unit concerning any matter relating to the employment of the
employee, including matters covered by this Agreement;
2        By the Union concerning any matter relating to the employment of any employee in the bargaining
unit; or
         3.     By an employee in the bargaining unit, the Union, or the Employer concerning:
         a.     The effect or interpretation, or a claim of breach, of the Agreement; or
        b.     Any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation
affecting conditions of employment.

       B.      Exclusions:

                     1. The scope of this grievance procedure excludes the following:

       a.      Matters prohibited by the statute;
       b.      Matters outside the control of the Employer, such as decisions,

                                   rules, regulations of higher authority;
      c.      Content of published Agency policy, except that the interpretation or application thereof
may be grieved;
      d.      Any claimed violation relating to prohibited political activities;
      e.      Any complaint concerning retirement, life insurance, or health insurance;
      f.      The classification of any position which does not result in the reduction in grade or pay of
an employee.

               2.     The scope of this grievance procedure excludes the following unless the employee
                      chooses to file a grievance instead of pursuing the matter in a different, statutorily-
                      established forum, such as before the EEOC (discrimination) or the Office of
                      Special Counsel (whistleblower), or the matter is, otherwise, grievable under the
                      provisions of this Agreement:

        a.     Non-selection for promotion from a group of properly rated and ranked candidates.
        b.     Action terminating a temporary promotion, if the promotion has been in effect less than two
(2) years;
        c.     Termination of an employee during a probationary or trial period;
        d.     Termination of a temporary appointment;
        e.     Preliminary warning (such as a written counseling or warning) of an action which if taken,
would be grievable or appealable, unless there is a showing of adverse impact from the preliminary
warning alone;
        f.     Non-adoption of a suggestion; and
        g.     Non-receipt of a discretionary award.

C.     In any case, an employee may not grieve a performance improvement plan (PIP) when issued. If
       the Employer later alleges that the employee has failed to satisfactorily complete the PIP and
       proposes any disciplinary or adverse action (see Article 37, Performance Management &
       Evaluation System), then the employee may contest the validity and propriety of the PIP in any
       reply or appeal.
Section 2: Informal Resolution

Most grievances arise from misunderstandings which can be settled promptly and satisfactorily on an
informal basis at the immediate supervisory level. Normal day-to-day discussions between employees and
supervisors are the most constructive means of developing effective work relationships. Supervisors and
employees will make sincere efforts to resolve work place disputes informally. Informal resolution does
not establish a precedent or a change in practice or preclude an employee from filing a grievance if a
dispute arises afterward.

Section 3: Settlements

Settlement of any grievance at any level shall be consistent with the terms and conditions of this
Agreement.

Section 4: Formal Grievances

1.     Types – There are five (5) types of formal grievances: individual grievances, joint
       grievances, group grievances, class grievances, and institutional grievances.

       A.      Individual Grievances – A grievance filed by one (1) employee that seeks
               particular relief for that employee.

       B.      Joint Grievances – In the event that two (2) or more grieving employees have filed a
               grievance involving a similar fact pattern and a similar issue, the grievances may be
               joined and processed as one by mutual consent of the Parties.

       C.      Group Grievances – If a grievance involves or concerns employees who have different
               supervisors, the grievance may be filed at whatever step a resolution is possible.

       D.      Class Grievance – If a grievance involves or may be of concern to all employees in the
               bargaining unit or in a particular department and the issue raised is common to all such
               bargaining unit employees, it may be filed in the same manner as an Institutional
               Grievance.

       E.      Institutional Grievances – See Section Five (5).

        2.      Union Representation – The Union may represent employees during the formal grievance
process. Employees may also present individual or group grievances on their own behalf directly to the
Employer without the Union’s representation. In such cases, the Programs Manager, HRD, shall give the
Union President advance notice of any meetings concerning the grievances so that the Union can assert its
right to attend any formal discussions concerning the grievance. An employee’s right to self-representation
does not include the right to take the matter to arbitration; arbitration is the Union’s right to invoke
        or waive. If an employee grieves without involving the Union, the Employer will provide a
sanitized copy of the grievance to the Union President.
        3.      Timely filing of a Grievance – Employees, whether represented or not, have forty-five
        (45) days from the date they know or should have known about the incident giving rise to the
grievance in which to file a grievance. If the situation giving rise to the grievance continues or recurs, the
employee may amend the grievance to include the new facts or file additional grievances about the same
matter. The Employer will dismiss grievances not filed within this forty-five (45) day period as untimely.
2       Grievance Meetings – Employees are entitled to bring up to two (2) Union representatives to
grievance meetings at any level.
3       Content of a Grievance – Each grievance will contain the following information:

       A.      A description of the problem;
       B.     The date on which the employee became aware of the problem;

       C.     A list of laws, rules, regulations, or provisions of this Agreement that the employee
              alleges have been violated; and,

       D.     Requested remedies.

              If a grievance does not contain this information, the Employer will return it to the employee
              or to the Union, if represented, to allow the grievance to be amended.

6.     Grievance Process:

       A.     Step 1 – Immediate Supervisor/Responsible Official.

              Employees must file written grievances directly with their supervisors or the official
              responsible for the action being grieved. Supervisors will give the employee a chance to
              meet with them. In any event, supervisors will review the grievance and render a written
              response to the employee within fourteen (14) days.

       B.     Step 2 – Department Director:

              If the employee is dissatisfied with the step-one response, employees will present second-
              step grievances to their respective Department Directors, with a copy to the Manager,
              Programs Division, HRD, within fifteen (15) days after receiving their immediate
              supervisor’s response to their step-one grievance. The employee may also file a copy with
              his/her Department Director. Within fourteen (14) days after receipt by HRD, the
              employee’s Department Director will review the grievance and offer to meet with the
              employee and his/her representative to discuss the grievance. Department Directors will
              render a written decision on the grievance within fifteen (15) days after the meeting or after
              receipt of the employee’s notice that no meeting is requested.

C. Step 3 – Executive Director:

       If the employee is dissatisfied with the step-two response, the employee will present third-step
       grievances to the Executive Director or designee with a copy to the Manager, Programs Division,
       HRD, within ten (10) days after receiving their Department Director’s response to their step-two
       grievance. The employee may also file a copy with the Executive Director. With fourteen (14) days
       after receipt by HRD, the Executive Director/designee will review the grievance and offer to meet
       with the employee and his/her representatives to discuss the grievance. The Executive
       Director/designee will render a written decision on the grievance within fifteen (15) days after the
       meeting or after receipt of the employee’s notice that no meeting is requested. If the employee is
       dissatisfied with the Executive Director/designee’s decision, the employee may request that the
       Union take the matter to arbitration.

D. Request for Information:

       If the Union files a request for information under 5 U.S.C. Section 7114.b.4 concerning a
       grievance, the Employer will, at the Union’s request, stay any action or deadlines on the grievance
       until the Employer renders a final decision on the information request. If the Employer provides
       information to the Union, the Union may amend the grievance to include the new information.

E. Grieving Disciplinary and Adverse Actions:

       For the purposes of Article 3, Arbitration, a decision letter issued by the Employer under the
       Disciplinary and Adverse Actions Articles may be treated by the Union as the Employer’s final
       decision on a grievance. Should the Union then invoke arbitration, the Employer may, in its
       discretion, treat the invocation of arbitration as a third step grievance under this Article. If the
       Employer so elects, it shall notify the Union within fourteen (14) days of the receipt of notice of
       invocation and thereafter comply with the procedures and time limits stated in this Article.
Section 5: Institutional Grievances

Either Party may file a grievance with the other Party concerning an allegation that the non-filing party has
violated a provision of this Agreement or regarding the non-filing Party’s interpretation or application of
this Agreement. The Parties will not file unfair labor practice charges with the Federal Labor Relations
Authority over matters that are the subject of or related to matters raised as institutional grievances.

1        Filing – A Party has fifteen (15) days from the date it knows or should reasonably know that the
alleged violation has occurred in order to file a grievance. Untimely grievances will be void. The Employer
will file its grievance with the President of the Union, Local R3-77, or in the President’s absence, another
Local R3-77 officer. The Union will file its grievances with the Manager of the Programs Division, Human
Resources Department or his/her designee. All grievances must be in writing.
2        Internal Review – The non-filing Party will review the grievance and decide whether relief is
appropriate. Within twenty-one (21) days of receipt of the grievance, the non-filing party will respond to
the filing party with its final written decision on the grievance.
3        Appeal to Arbitration – The filing Party may appeal the non-filing Party’s final decision to binding
arbitration.

Section 6: Elections

1       An employee who has a potential discrimination claim against the Employer must choose to pursue
that claim as a grievance or as an EEO complaint; an employee cannot choose to pursue a claim using both
processes. Once an employee chooses to proceed in one forum, the employee cannot switch to the other
forum.
2       Employees have the right under 5 U.S.C. Section 7121.e to elect to file an appeal over suspensions
of more than fourteen (14) days, demotions, removals, or furloughs in excess of thirty (30) days with the
Merit Systems Protection Board or to prosecute the matter as a grievance. Employees must elect one or the
other; they cannot proceed in both forums. Whichever procedure the employee chooses first – the statutory
appeal procedure or the grievance procedure – shall be the sole procedure thereafter available to the
employee regarding that matter. If an employee chooses the grievance procedure, but the Union decides at
some point not to proceed with the case through arbitration, then the employee will not be able to pursue
the statutory appeal procedure.

Section 7: Modification of Time Limits and Other Adjustments
The Parties agree that by mutual consent:

1.     The time limits in this Article may be extended; and/or

2.     Any step of this grievance procedure may be waived; and/or Any

       written step response may be waived.

Section 8: Witnesses

       The Employer will ensure the Union has access to witnesses during the grievance process so that


it may present the Employer with relevant facts concerning the grievance. Section 9: Copies of All

Settlements and Decisions to the Union The Employer agrees to provide the Union with a sanitized copy of

all final decisions and


settlement Agreements rendered on grievances filed under the provisions of this Article.
                                              ARTICLE 22

                                       HEALTH AND SAFETY
Section 1: General

The Employer will provide a safe and healthy work environment for employees. As such, the Employer
will comply with all applicable provisions of the General Standards of the Occupational Safety and
Health Administration (OSHA).

Section 2: Employee Responsibilities

1       Employees who believe that an unsafe or unhealthy working condition exists in the workplace are
encouraged to inform their supervisor, the Facilities and Services Department (FASD) staff, or their Union
representative.
2       In the case of an immediate threat to life or danger of serious physical harm, employees must
immediately report the situation to his/her supervisor, to another supervisor who is immediately available
or to the Safety Officer.
3       Where a dangerous condition arises at an employee’s work station, he/she will notify the
appropriate supervisor and request permission to move to a safer or healthier location. Where the employee
does not receive permission to move, the employee will immediately report to the PBGC Safety Officer in
FASD and request instruction.

Section 3: Inspections

1      Safety Inspections – The Employer will conduct a health and safety inspection annually and as
necessary for each building that is occupied by bargaining unit employees. These safety inspections will be
directed by a safety officer of the Employer, or designee, who will be accompanied by a designated
representative of the Union. Where the designated Union representative is an employee, the representative
may participate in the inspection without charge to leave.
2       Accessibility Inspections – The Employer will inspect each PBGC facility to ensure that it meets
the accessibility requirements of employees and customers with disabilities. Any facility that does not
comply with existing regulations and standards will be corrected.
3       Copies of written reports on safety and accessibility inspections will be provided to the Union.

Section 4: Health and Fitness Services

         1.      The Employer agrees to maintain an occupational health program, to include a nurse, and
         to provide services to the degree the health service contract allows, including examinations for
breast cancer and immunizations. Examinations for Sickle Cell Anemia, Cooley’s Anemia and Tay Sachs
disease will be provided by the Employer when there is a reasonable level of interest and funds are
available.
2        Additionally, the Employer will offer physical examinations, at no cost to the employee, under the
Periodic Health Evaluation Program for interested employees. The examination includes: blood pressure,
height, weight, D/T booster, cardiac risk profile (cholesterol, triglycerides, LDL, HDL, blood sugar
(glucose)), and a computerized health risk appraisal. The Health Unit Physician will provide an
examination and a counseling session. Ten percent (10%) of the total employee population is eligible for
this evaluation; however, preference will be given to those employees who are age forty (40) and over.
Participation in this evaluation is voluntary and the results of the examination will not be known to anyone
outside the Health Unit without the employee’s consent. The Employer will advise employees of the
availability of such services in a timely manner so that those employees who are interested will be able to
take advantage of these services.
3        When the health unit determines that, due to illness or incapacitation, an employee must leave work
and is incapable of getting home alone the Employer will assist in locating a willing employee to transport
the sick employee home. Before soliciting volunteers to transport the employee, an attempt will be made to
have transportation provided by a family member of the employee or the Guaranteed Ride Home Program
as appropriate. The Employer will allow a reasonable amount of time for the employee to transport the sick
employee home. The Employer and the Union recognize that the Employer’s monetary, tort, or pecuniary
liability is governed by the Comptroller General and Federal Court decisions. The Employer assumes only
that responsibility or liability allowable by law, regulation or such decisions.
4        In addition to the more traditional medical services provided by the Employer, other wellness
programs shall be developed by the Employer to provide counseling and assistance to employees on health
issues such as lifestyle nutrition, avoidance of harmful substances and positive mental health.
5        The Employer will offer cardiopulmonary resuscitation (CPR) training to all interested employees.
The Union will encourage its members to take the course. A list of employees trained in CPR, including
their work areas and telephone numbers, will be published in the PBGC One Book and posted on all
Employer bulletin boards and on its internal web page.
6        The Employer will provide an on-site fitness center, including space, office equipment, supplies,
telephones and maintenance services. Employees who choose to take advantage of the fitness center will
do so during off-duty hours.
7        Employees are encouraged to take advantage of fitness/wellness programs. New

       employees will be informed about the services of the Health Unit and availability of
       fitness/wellness programs during orientation. To promote employee wellness, the Employer
       shall provide all employees with the opportunity to participate in a smoking cessation program
       at least once per year.

Section 5: Lactation Facility

1.     Lactation Room and Access:

       A.      The Employer will provide a lactation facility for use by employees. The facility will be
               available from 6:30 a.m. to 7:30 p.m. to lactating mothers who may make reasonable use of
               the facility during duty time.

       B.      The facility provided will be a separate room or approximately one hundred (100) square
               feet for the sole use of lactating mothers. The room will be furnished with a chair, table,
               refrigerator, sink, necessary electrical outlets, and appropriate lighting. Access will be
               provided through the Employer’s electronic access card system. Employees desiring use of
               this facility must contact FASD to have their access cards appropriately programmed.

       C.      Prior to using the Lactation Room, employees will be required to sign the FOH Lactation
               Program Agreement indicating that they have received and reviewed information on the
               Lactation Program.

2.     Equipment and Cleaning:

       The Employer will provide a lactation pump, waste disposal container, paper towel dispenser,
       and soap dispenser. Although the facility will be cleaned nightly by the building’s cleaning
       staff, employees using the facility are responsible for cleaning up after each use.

Section 6: Occupational Workers Compensation Program

Employees must file claims for work related injuries or illnesses in compliance with 5 U.S.C. Chapter 81,
Federal Employees’ Compensation Act. Employees may consult with the Employer or the Union for
assistance in filing a claim.

Section 7: Computers, Equipment and Office Furnishings, Carpet Installation

1       The Employer will provide, where feasible, glare reduction screens for any employee who requests
one for use with his/her terminal. If all employees who request such a device are not provided with one,
priority will be given to employees whose request is based on medical documentation.
2       The Employer will ensure that computer terminals, monitors, keyboards, and mouse pads are
moveable and adjustable.
3       The Employer will provide adequate ventilation and cooling in all work areas containing terminals
or hardware, and will ensure that the temperature in such areas is safe.
4       The Employer will provide adjustable, ergonomic chairs to all employees. The Employer will
provide an ergonomic keyboard, an ergonomic mouse, wrist protection devices and other ergonomic
devices to an employee who has a documented health need for such tools or devices.
5       The Employer will maintain and periodically inspect a representative sample of computers and
computer terminals to ensure they meet the safety standards called for in the manufactures’
recommendations and under governmental regulations.

       The Employer shall provide information to all employees about healthful practices and use of
       terminals and keyboards to avoid eye strain or fatigue or repetitive stress injury on its intranet site.

1       Employees who work at a computer terminal for more than an hour at a time may do other work for
a minimum of ten (10) minutes.
2       The Employer will monitor the availability of improved technology, products and techniques that
may be ameliorative to employees who are required to operate a terminal for a substantial part of a work
day and promptly make such products or techniques available to employees who actually suffer or are at
substantial risk (as determined by medical advice) of strain or injury.
3       When and where the Employer decides to install more that four hundred (400) square feet of carpet
at any one time in an employee occupied space using carpet adhesive, such installation and application
shall take place during non-work hours during the week and at any time on Saturday or Sunday. Any
employee who is concerned about ill effects should notify the Employer. The Employer will upon request,
make reasonable efforts to relocate the employee.

Section 8: Temperature Conditions

1       The Employer will ensure that the Landlord, in accordance with the lease, maintains on a regular
and continuing basis, a ventilation system and building air ventilation rates that meet the American Society
of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) standards, including existing
ASHRAE standards that specify the minimum cubic feet per minute of outdoor air per person. In the event
the indoor air constitutes or presents a hazard under these standards, the Employer will require the
Landlord to fix such hazards or conditions a soon as practicable.
2       The Employer will ensure that the Landlord, in accordance with the lease, maintains a comfortable
temperature in work areas. Employees who experience either hot or cold temperature extremes may
contact FASD staff so that an appropriate adjustment can be made. If the temperature extreme remains
uncomfortable for sixty (60) minutes after FASD has been notified, the affected employees may notify
their supervisor and normally will be permitted to move to a work area, if available, where the temperature
is comfortable.

Section 9: Safety Education

The Employer will provide an annual safety briefing for all employees focusing on fire, security and other
possible safety hazards.

Section 10: Emergency Evacuations

The Employer will maintain an Emergency Evacuation Plan. The Plan will be published as part of the
PBGC One Book that is provided to all employees.

Section 11: Notifications

1       The Employer will inform all employees through the electronic mail system of the chemicals that
will be used in its space (such as pesticides, chemical cleaning materials, and other chemicals that will be
applied in maintenance purposes) as soon as it is made aware that chemicals will be used. This notice will
also include any warning statements given to the Employer by the Landlord.
2       After notification is provided to all employees, any employees with known sensitivities to specific
substances should contact the Facilities and Services Department (FASD) so that work to be performed can
be scheduled at appropriate times to accommodate the employees’ conditions.
3       Where the Employer determines that there is a reasonable likelihood of harm, employees will be
moved to safe areas while their area remains contaminated.

Section 12: Right to Decline Assignment in Case of Imminent Danger

1       The right to direct employees and to assign work is an authority of the Employer. Employees have
the obligation to comply with orders issued by supervisors, and should grieve the matter afterwards if they
believe the order to be improper.
2       The employee has the right to decline to perform assigned tasks because of a reasonable belief that,
under the circumstances, the tasks could pose an imminent danger of death or serious bodily harm, coupled
with a reasonable belief that there is insufficient time to seek corrective action through normal hazard
reporting and abatement procedures. However, in these instances the employee must report the situation to
his/her supervisor,

       another supervisor who is immediately available, or the Safety Officer. For purposes of this
       section, imminent danger means any conditions or practices in any workplace which are such that
       a danger exists which could reasonably be expected to cause death or serious physical harm
       immediately or before the imminence of such danger can be eliminated through normal procedures
       (29 CFR 1960.2.(u)). Employees should realize that, should they leave the work site without
       approval and it is later determined that an imminent danger of death or serious bodily harm did not
       exist, they may be subject to appropriate disciplinary action.

Section 13: Reporting Requirements

1       The Employer shall compile an annual report describing the PBGC’s Occupational Safety and
Health Program for the previous year and presenting objectives for the current year. This annual report
shall include a summary of PBGC’s self-evaluation of the effectiveness of its program. The Union shall be
provided with a copy of this report after it has been signed.
2       Additionally, the Employer shall compile, on a fiscal year basis, a summary on the log maintained
of occupational injuries and illnesses. This summary shall be posted in the Human Resources Department.

                                              ARTICLE 23

                                 HIV/AIDS IN THE WORKPLACE

Section 1: General

Every employee shares responsibility for ensuring that PBGC is a safe, healthy, and discrimination-free
workplace. To reinforce understanding of and compliance with this policy, PBGC will conduct training
and education programs for all PGBC staff on the medical and human resource management dimensions
of HIV/AIDS in the workplace.
Section 2: Guidelines for Managers, Supervisors, and Employees

The following guidelines are intended to assist managers, supervisors, and employees in maintaining a
work environment that is responsive to workplace issues related to HIV/AIDS (Human Immuno-
Deficiency Virus/Acquired Immune Deficiency Syndrome).

        1.      PBGC will not discriminate against any applicant or employee who is HIV infected or who
has AIDS.
        Individuals with HIV/AIDS will be treated the same as any other individual with an illness or
disability in accordance with PBGC policy, the Collective Bargaining Agreement, and the Rehabilitation
Act of 1973. Mistreatment, harassment, malicious gossip, or hurtful actions in the workplace will not be
tolerated. Employees with questions or concerns should contact an EEO Counselor.
        2.      An employee’s health condition is private and Confidential.
        An employee with the HIV infection or AIDS is under no obligation to disclose his/her condition to
a manager or any other employee of PBGC. Managers and supervisors are expected to take every
precaution to protect the confidentiality of information regarding any employee’s health condition,
including HIV/AIDS, as required by law. Managers and supervisors should contact the Human Resources
Department (HRD) for additional guidance.
2       Employees with HIV/AIDS have the right to continue working as long as they are able to continue
to perform the essential functions of their jobs satisfactorily (with reasonable accommodation if necessary)
and do not pose a safety threat to themselves or others in the workplace.

       Managers and supervisors are expected to make reasonable accommodations for individuals with
       HIV/AIDS, such as with any other employee with a disability, to enable them to meet established
       performance criteria. Reasonable accommodation may include, but is not limited to, flexible or
       part-time work schedules, leave of absence, work restructuring, or job reassignment. The HRD
       staff is available to provide assistance in
       identifying reasonable accommodation options.

       Employees will continue normal working relationships with any employee who is
       recognized or perceived as being HIV positive or having AIDS.

       A.      Current medical and scientific evidence released by the Centers for Disease Control
               (CDC) state that “the kind of nonsexual person-to-person contact that generally occurs
               among workers and clients or consumers in the workplace does not pose a risk for
               transmission of HIV/AIDS.” Therefore, only routine requests for transfer will be
               considered, not requests based on fear and/or discrimination.

       B.      Managers and supervisors are encouraged to contact HRD for assistance in providing
               employees with general information about the HIV infection or AIDS. Any employee who
               is unduly concerned about contracting AIDS should be referred to the Health Unit or the
               Employee Assistance Program for additional counseling.

5.     An employee with HIV/AIDS may continue his/her health and life insurance coverage, apply for
       disability retirement, and/or request leave in the same manner as any other employee.

       Continued Coverage in these benefit programs will not be jeopardized because of an employee’s
       medical condition. Under the Family and Medical Leave Act, an employee is entitled (if supported
       by appropriate medical documentation) to twelve (12) weeks of unpaid leave in a twelve (12)
       month period either due to his/her own HIV/AIDS related illness or to care for an immediate family
       member who is ill. Contact HRD for additional information about retention of health and life
       insurance coverage, eligibility for disability retirement, and/or procedures for requesting leave.

Section 3: Local Resources

Information regarding local resources is available from the Employee Assistance Program office and the
Health Unit.

                                              ARTICLE 24

                                               HOLIDAYS


Section 1: Holidays

Employees are entitled to paid time off on federal holidays. Employees who are directed to work on federal
holidays will receive holiday pay when eligible under 5 U.S.C. Section 5546.

Section 2: Effect on Alternate Work Schedules

Employees participating in the flexible 5/4/9 alternate work schedule whose regular day off falls on a
holiday are entitled to an additional day off (in-lieu-of holiday) on the day immediately preceding the
holiday. Such full time employees will receive eight (8) hours of pay for the holiday.

Section 3: Work on Holidays

1       When business necessity requires employees to work on an established federal holiday, the
supervisor will determine what work needs to be done and solicit volunteers from among employees in the
appropriate work unit qualified and able to perform the needed work. If more employees volunteer than are
necessary to perform the work, the employee(s) selected will have the greatest length of PBGC service. If
there are no qualified volunteers, the work will be assigned to the least senior employees in the appropriate
work unit who is qualified and able to perform the work. Furthermore, involuntarily assigned employees
will be excused where they provide significant hardship reasons and the Employer can meet its need
otherwise. The Employer has the discretion to determine whether significant hardship exists; however such
discretion must be reasonable exercised.
2       PBGC will notify those employees who will be required to work on a scheduled holiday as soon as
possible, normally five (5) workdays in advance. When an unforeseen emergency occurs preventing five
(5) workdays notice, as much notice as possible will be given to affected employees.


                                              ARTICLE 25
                         HOURS OF WORK AND WORK SCHEDULES




Section 1: General



Consistent with the Corporation’s mission and customer service objectives, the Corporation will
strive to make the work environment as flexible as possible.
Section 2: Business Hours
Business hours are the hours during which the Corporation must be open to conduct business.



Normally, business hours are from 9:00 a.m. to 5:00 p.m. Based on corporate needs, however,
individual offices may establish different business hours.
Section 3: Core Hours and Flexible Time Band



1      Core hours are the hours in which all employees, except those on approved leave or lunch period,
must be on duty and shall be from 10:00 a.m. to 3:30 p.m.
2      Regardless of the work schedule selected, all work must be performed between the hours of 7:00
a.m. and 7:15 p.m.; this is the flexible time band.

Section 4: Work Schedules

1       Subject to supervisory approval, employees may participate in one of the flexible work schedules
(FWS) outlined below. A FWS enables an employee to either pre-select or vary arrival and departure times
or vary the length of the workday or workweek, or both. Employees occupying certain position or
performing certain duties which require their presence during designated times of the work day or
workweek may be restricted from participating in a FWS. For bargaining unit positions, PBGC must
consult NAGE before making final determinations regarding classes of positions restricted from 5/4/9 plan.
        2.       Under either FWS an employee may:
        A.       Opt to adopt one of the flexible work schedules on a semi-annual basis, and,
        B.       Be required by their supervisor on an infrequent basis and with one (1) day’s prior notice to
adjust their arrival time for a particular day.
        3.       Gliding Schedule:
        A.       Under a Gliding Schedule, an employee may vary the beginning and ending times of their
workday, within the flexible time bands, without prior supervisory notification.
        B.       The basic workweek for a full-time employee consists of five (5) workdays of eight (8)
hours each.
         C.     As part of a flexible band, employee working under this schedule may select a morning
arrival time as late as 10:00 a.m., provided that there is no conflict with office workload requirements or
coverage during the official work hours of the Corporation.
2        5/4/9 Plan:

       A.      The 5/4/9 plan permits an employee to work nine (9) hours for eight (8) days during the
               pay period with two (2) remaining days consisting of an eight (8) hour day and a day off.

       B.      With supervisory approval, an employee must choose a consistent day off each pay
               period. The preferred days for this day off are Mondays and Fridays. Employees may
               choose the first or second Tuesday, Wednesday or Thursday of the pay period as their day
               off subject to the sole discretion of the supervisor.

       C.      The eight (8) hour day will always be the work day which immediately precedes the day
               off or, for employees who choose the first Monday of the pay period as their day off, the
               first Friday of the pay period.

       D.      As part of a flexible time band, employees under this schedule may arrive as late as 9:30
               a.m., provided that there is no conflict with office workload requirements or coverage
               during the official work hours of the Corporation.

       E.      Employees taking leave will be charged leave for either nine (9) hours or eight (8) hours
               depending on whichever is appropriate for that day.

       F.      A full time employee who has chosen this work schedule will be entitled to eight
               (8) hours of basic pay for each Federal holiday. It is the responsibility of employees to
               make up any time necessary or to request leave, to ensure that they are credited for eighty
               (80) hours in the pay period. If a holiday falls on a scheduled day off, the employee’s
               preceding work day will be the designated in-lieu-of holiday.
Section 5: Credit Hours Program

1       Credit hours are any hours worked under an officially designated FWS, which are in excess of an
employee’s basis work requirement. Only those employees who have selected a Gliding Schedule may
work credit hours.
        2.      Earning Credit Hours:
        A.      Credit hours are worked at the election of the employee, but are subject to prior written
approval of the supervisor, and provided that there is work available.
        B.      An employee may earn a maximum of two (2) credit hours per workday, contiguous with
the employee’s tour of duty, and may earn up to a maximum of eight (8) credit hours per non-workday.
The maximum number of credit hours that may carry over from one pay period to the next is twenty-four
(24).
        C.      Credit hours may be earned between 6:00 a.m. and 8:00 p.m. Employees accrue the first
credit hour time in ½-hour increment and additional credit hours in ¼hour increments.
        D.      Supervisors, at their discretion, may exercise approval to earn credit hours for a single day
or up to an entire pay period. Approvals may be withdrawn at the supervisor’s discretion.
        E.      Credit hours worked must be recorded on the sign-in/sign-out sheet and the employee’s
time and attendance report.
       F.      When an employee is no longer eligible for the credit hour program, he/she must be paid for
the accumulated credit hours at his/her rate of pay. Payment for credit hours is limited to not more than
twenty-four (24) hours for a full-time employee and not more than one fourth (¼) of the employee’s
biweekly work requirement for a part-time employee.
2      Using Credit Hours:

       A.      Credit hours are used in ¼-hour increments.

       B.      Credit hours must be earned before used and may be earned and taken in the same day.

       C.      Prior supervisory approval is needed before credit hours are used. The employee should
               submit a SF-71 to request use of credit hours. The supervisor shall not deny an employee’s
               request to use credit hours unless such use is precluded by reasons related to the
               employee’s or unit’s workload. The supervisor’s reason for denying the employee’s
               request to use credit hours shall be stated on the SF-71.
Section 6: Sign-in/Sign-out

Employees are responsible for fulfilling the obligation to account for their basic work requirements each
pay period. Employees are required to personally sign-in and list their arrival time sequentially on sign-in
and sign-out and list their departure time.

Section 7: Lunch Period

All employees are required to take a forty-five (45) minute unpaid lunch period between the hours of 11:00
a.m. and 2:00 p.m. Employees may opt for a flexible lunch period in excess of the forty-five (45) minutes
allowed so long as they notify their supervisor in advance and provided the employee’s workload and
coverage requirements permit. Any additional time taken must be made up during that day through 8:00
p.m.

Section 8: Overtime Hours and Compensatory Time

1.     Overtime hours are those which have been ordered and approved by the supervisor in advance.
       Overtime will be paid for work performed in excess of eight (8) hours per day for an employee
       who has selected the gliding schedule or nine (9) hours per day for an employee who has selected
       the 5/4/9 schedule. Overtime pay for all employees shall be computed in accordance with
       applicable laws and regulations.

       A.      Overtime can be authorized in fifteen (15) minute increments.

       B.      Employees who are in exempt status under the Fair Labor Standards Act (FLSA) and who
               earn more than the tenth step of a GS-10, will be provided with compensatory time in lieu
               of overtime pay at either their request or when the budget of PBGC will not allow for
               further overtime expenditure, unless it is apparent that for major workload reasons, the
               employee will not be able to use the compensatory time within the time limit specified in
               Section 8.4.
       C.      A non-exempt employee under FLSA or an exempt employee not receiving salary in excess
               of the tenth step of GS-10 will receive overtime pay, or at his/her option, compensatory
               time.

1       Compensatory time is time worked in lieu of payment of overtime hours. Employees will receive
compensatory time when ordered and approved in advance by their supervisor.
2       Employees may request and earn compensatory time off in accordance with current law and
regulations. Compensatory time may be earned and used in quarter (¼) hour increments.
3       Once earned, an employee must use earned compensatory time prior to the end of the leave year or
any time within eight (8) pay periods of the end of the pay period in which it is earned – whichever is later.
Non-exempt employees shall be paid in accordance with

       law for all compensatory time that they have been unable to use within the time limits. In
       extraordinary circumstances, when an exempt employee’s request to use earned compensatory time
       has been denied for workload reasons and the time limits for use of this compensatory time have
       expired, the employee shall be paid for accrued compensatory time up to a maximum of twenty-
       four (24) hours.

Section 9: Travel/Training, Jury Duty Schedule Adjustments

1       Employees required to travel outside of their standard workweek to events that cannot be scheduled
or controlled administratively will be in a pay status and will receive compensatory time or overtime.
2       While on travel, jury duty or attending training outside the Corporation, employees will revert to an
eight (8) hour work day schedule for those days. It is then the responsibility of the employee to work the
necessary hours to arrive at eighty (80) hours in the pay period by either working extra time or taking
leave. When events occur on an employee’s regularly scheduled day off (5/4/9 Plan), the employee may be
granted overtime pay, compensatory time, or substitute any other available day off in the pay period with
supervisory concurrence.

Section 10: Assignment of Overtime Work

1       The Employer will distribute overtime equitably among bargaining unit employees within each
appropriate work unit. Where the nature of a particular task does not lend itself to equitable distribution
among employees determined to be qualified in accordance with the law, the Employer will accomplish
this equitable distribution over the long run through the appropriate distribution of assignments. Where an
employee has been offered an overtime opportunity and turns that opportunity down, he/she will be
considered to have served or received that amount of overtime for purposes of equitable distribution, but
not for purposes of compensation.
2       The Employer will staff overtime assignments with volunteers, unless there are no volunteers
determined to be qualified in accordance with law available, or, due to the nature of the tasks, this is
impractical, e.g., a case assigned to one (1) employee. Where there are more qualified volunteers for the
overtime than there are assignments available, the employee(s) with the greatest amount of PBGC services
shall be given the assignment.
        3.      Where the Employer does not find employees who will volunteer to serve the overtime, it
will staff the overtime assignments in accordance with the following procedures:
        A.      It will make a list of all qualified employees in the appropriate work unit;
        B.      It will rank the employees in terms of PBGC seniority; and,
        C. It will order the least senior employee(s) to serve the overtime assignment.
3       Where an employee has been ordered to work overtime and that employee is not a volunteer, he/she
may be relieved of the assignment if he/she can find a qualified replacement. The employee will also be
relieved of the assignment where there are significant hardship reasons which show that the employee
should not be required to work the overtime, and the Employer can meet its need otherwise.
4       Employees will be given notice at the work site of overtime assignments outside the basic work
week as soon as the supervisor knows of the assignment, not less than two (2) workdays preceding the
overtime. In cases of emergency, overtime may be ordered as a condition of employment without prior
notice; provided, however, the procedures in this Section are complied with.

                                               ARTICLE 26

                                     INFORMATION REQUESTS


Section 1: Legal Requirement

The Employer shall furnish to the Union, upon request and, to the extent not prohibited by law, data:

1      Which is normally maintained by the Agency in the regular course of business;
2      Which is reasonably available and necessary for full and proper discussion, understanding, and
negotiation of subjects within the scope of collective bargaining; and,
3      Which does not constitute guidance, advice, counsel, or training provided for management officials
or supervisors, relating to collective bargaining.

Section 2: Process

1       Each request for information shall state the Union’s particularized need for the information. The
Employer may contact the Union, either orally or in writing, to seek clarification of the request. Moreover,
the Union agrees to discuss with the Employer alternate time-efficient means of responses to information
requests. The Union will avoid redundant requests for information. If the Union submits more than one
information request on the same date, the Union will indicate which data request has priority. Data requests
will be processed in chronological order unless the Union indicates otherwise.
2       The Employer shall provide information requested within twenty-one (21) days of the date of the
request. In the event the Employer is unable to provide all the information within the time period, it may
request an extension of time. The Union will normally grant the Employer at least one extension of time,
not less than ten (10) days in duration.
3       If a request is denied, in whole or in part, the Employer shall inform the Union in writing of the
name, position, title, and grade of the official making that decision and the specific statutory, regulatory, or
contractual citation(s) on which that decision is based.

Section 3: Definition of Data

Data includes, but is not limited to, any written or electronically formatted record, including but not
limited to any communication, existing voice-mail message, report, memorandum, note, message, e-mail
correspondence and data in any backup systems. The Employer shall provide data in the custody,
possession, or control of the Employer, its officers, managers, supervisors, and employees, including
documents in storage or archived.

                                              ARTICLE 27

                                     INTERIM NEGOTIATIONS




Interim negotiations are negotiations between the Employer and the Union that involve other than term
collective bargaining negotiations.

Section 1: Situations Giving Rise to Interim Negotiations

Five (5) situations give rise to interim negotiations: (1) a window of opportunity arises, as described in
Section 2.1. below, in which the Parties may elect to bargain at the mid-point in the duration of this
Agreement; (2) Employer-initiated actions that give rise to changes in working conditions; (3) changes in
law or Government-wide regulation that affect bargaining employees;
(4) Union-initiated bargaining; and (5) bargaining that the Parties agree upon by mutual consent. No other
situations will give rise to interim negotiations.

Section 2: Mid-Point Negotiations

1        Requests to Engage in Mid-Point Negotiations – Either Party may request to engage in mid-point
negotiations by submitting written notice not more than one hundred and twenty (120) days and not less
than sixty (60) days prior to the mid-point in the duration of this Agreement. In the event that the Parties
elect to engage in mid-point negotiations, the current terms of the Agreement will remain in effect until
superseded by a new Agreement. In the event that neither Party submits notice to engage in mid-point
negotiations, the current Agreement will remain in effect for the remainder of its term.
2        Groundrules for Mid-Point Negotiations – Groundrules will be agreed to by both Parties within
thirty (30) days after either party submits notice to engage in mid-point negotiations.
3        Designation of Articles and Topics for Mid-Point Bargaining – Each Party may elect to renegotiate
four (4) existing Articles and to submit two (2) new proposals for negotiations. No other Articles or topics
will be discussed in mid-point negotiations.

Section 3: Employer-Initiated Changes

Employer’s Obligation to Bargain – Performance of the Employer’s mission will, from time to time,
require changes in personnel policies, practices, and other matters affecting working conditions of
bargaining-unit employees. Although the Employer has the right to make such changes in the exercise of
its rights and for any other reasons associated with the accomplishment of its mission, the Employer
recognizes its obligation, consistent with law and applicable regulation, to negotiate with the Union
regarding procedures it will observe in exercising its rights, and appropriate arrangements for any
adversely affected employees.
A.       When the Employer proposes an action that will affect working conditions, the Employer notify the
       Union in writing and will schedule a briefing with the Union within seven (7) days to describe the
       issues. During the briefing, the Employer will hand deliver notice of the proposed Employer-
       initiated changes to the Union President or the President’s designee. The notice will contain a
       statement of the reasons why the Employer proposes the change. Following the briefing the Union
       will have seven (7) days to invoke its bargaining rights. Failure to invoke its rights within this time
       will constitute a waiver. This will not preclude a request to extend the time for response when that
       request is made within the seven-day (7) period for response to a change.

B.     Except as provided for in this Article, the Employer shall not establish or change any personnel
       policy, practice, or working condition which terminates or conflicts with the specific terms or
       conditions of this Agreement. If the Union has invoked bargaining, the Employer may not
       implement bargainable changes prior to reaching Agreement on all negotiable issues, subject to the
       Employer’s statutory rights to implement changes required by exigencies, to implement changes
       that are de minimis under the current legal standard, and to bring statutorily-mandated changes to
       the bargaining table pursuant to Section 3.D.4. below. Alternatively, the Union may elect to allow
       the Employer to proceed with the proposed action and engage in post-implementation bargaining.

C.     Groundrules for Bargaining over Employer-Initiated Changes – Within three (3) workdays after the
       Union invokes its right to bargain, the Parties will, normally, agree upon groundrules specifically
       tailored to the issues involved. It is the sense of the Parties that minor issues will only require
       minimal groundrules. Only if the Parties cannot agree upon groundrules by the end of the three-day
       (3) period, will the general groundrules set out in Section 3.D. below, be used.

D.     Generic Groundrules:

1       Composition of Team – Each Party will designate a chief negotiator and an appropriate number of
team members commensurate with the complexity and scope of the issue.
2       Commencement of Negotiations and Exchange of Proposals – Negotiations will commence no later
than fourteen (14) days after a Party invokes its right to bargain unless the Parties mutually agree
otherwise.
3       Bargaining Schedule – The Parties will determine a reasonable bargaining schedule.
4       Negotiability Issues – Negotiable proposals shall be responded to by the other Party. If one (1)
Party considers a proposal to be non-negotiable, it shall so state in writing, including the specific reasons
why.
5       Official Time – Each member of the Union’s bargaining team will receive official time for the time
actually spent at the negotiating table, in caucuses, or in dispute-resolution proceedings.
6       Dispute Resolution – Impasses over Employer-initiated bargaining shall be resolved by the Federal
Services Impasses Panel (FSIP).

Section 4. Changes in Law or Government-Wide Regulations

When a change in law or Government-wide regulation obligates the Employer to bargain with the Union
over resulting changes in working conditions, the Parties will bargain using the same procedures
described in Section 3 above (Employer-initiated changes).

Section 5. Union-Initiated Bargaining
Once every one hundred and twenty days (120) the Union may submit written proposals to bargain about
no more than two (2) new topics. These topics must concern matters that are not contained in or covered
in this Agreement, were not discussed in term, mid-point, or other previous bargaining sessions, and do
not arise from changes in law or Government-wide regulations. Impasses over Union-initiated bargaining
shall be resolved by the Federal Services Impasses Panel (FSIP).

Section 6. Mutual Consent Bargaining

Either Party may propose at any time to bargain about any topic contained in or covered by this Agreement
or discussed at term or mid-point negotiations. Bargaining will occur only if both Parties consent.
Proposals shall be in writing and contain sufficient details to allow the Parties to determine whether or not
they choose to bargain.
                                              ARTICLE 28

                       LABOR-MANAGEMENT RELATIONS COMMITTEE


Section 1: Purpose and Scope

The Employer and Union shall establish a Labor-Management Relations Committee (LMRC) to enhance
labor-management relations within the Corporation through the early identification and informal
discussion of significant labor-management issues.

Section 2: Membership

The members of the LMRC will consist of four (4) Union representatives and four (4) Employer
representatives. The Union may bring two (2) National representatives to attend as advisors, and the
Employer may bring additional attendees as advisors.

Section 3: Procedure

1       Frequency of Meetings – The LMRC shall meet at the request of either Party, except that meetings
more frequent than quarterly must be mutually agreed upon.
2       Agenda – Each Party will propose items for the agenda. The Parties will decide which issues to
discuss by mutual agreement. In determining what issues are suitable for discussion by the LMRC, each
Party will consider whether the issue would be better addressed through formal bargaining. The Parties
will not discuss individual grievances or specific EEO complaints.
3       Subcommittees – The Parties may agree to create subcommittees to gather factual information and
develop recommendations about specific issues.
4       Agreement – The Parties will agree to particular courses of action by mutual consent.

                                              ARTICLE 29

                                                 LEAVE

PBGC will implement family-friendly workplace practices while continuing to ensure
accountability for quality customer service.

Section 1: Leave Entitlements and Programs

1      Annual Leave – Employees accumulate and carry over annual leave in accordance with applicable
law and regulations. Employees may use approved annual leave in quarter (¼) hour increments.
2      Sick Leave – Employees accumulate and carry over sick leave in accordance with applicable law
and regulations. Employees may use approved sick leave in quarter (¼) hour increments.
3      Conversion of Leave – The Employer may convert annual leave to sick leave or sick leave to
annual leave or either one to leave without pay at an employee’s request and as provided by applicable law
and regulation.

Section 2: Scheduling Annual Leave

1.     Pre-scheduled Leave Requests and Approval – To the extent circumstances permit, each employee
       will request all annual and advance annual leave from his/her supervisor in advance. Requests must
       not exceed the amount of annual leave the employee would earn during the remainder of the leave
       year or current appointment. An employee may not be denied annual leave for reasons other than
       those related to the employee’s workload or the employee’s unit workload. Normally, employees
       may request leave approval up to six
       (6) months in advance. Employees may request leave for periods that will occur more than six (6)
       months in the future in unusual circumstances such as when necessary to take advantage of low-
       priced vacations, to secure travel or lodging reservations or for special family events. Supervisors
       may approve extended periods of leave, generally requests for three (3) or more consecutive weeks
       of leave, when those requests do not conflict with other employees’ leave requests and when the
       requesting employee’s workload and the unit’s workload permit.

        2.      Conflicts in Pre-scheduled Leave – If two (2) or more employees with the same supervisor
request overlapping leave periods and cannot be out of the office at the same time, the supervisor will ask
the employees to work out their leave schedules informally. If they are unable to do so, the supervisor will
grant the request of the employee who asked for leave first. If both employees made their requests on the
same day, the supervisor will approve the request of the employee with the most PBGC seniority. When an
employee is already on annual leave and requests to extend that leave, the supervisor
        may grant that request, provided the extension does not interfere with another employee’s approved
leave plans or interfere with the extending employee’s workload or that employee’s unit workload.
2       Changes to Approved Leave – An employee will be permitted to change the period of extended
leave that he/she requested where the change would not create a major workload problem for an employee
who has already requested that period and thereby jeopardize the latter employee’s request.
3       Unscheduled Leave – If circumstances do not permit employees to schedule their leave in advance,
as might occur if the employee’s car breaks down or for some other emergency, employees will give their
supervisors as much notice of their pending absence as possible. When an employee is unable to report to
work, the employee will attempt to contact his/her supervisor within the first two (2) hours of the
employee’s normal work schedule. Employees will contact their supervisors directly, leaving a message on
the supervisor’s voicemail when the supervisor is unable to take the call. The message shall indicate the
employee’s name, the reason for the absence, the expected duration of the absence, and one (1) of the
following: a phone number where the employee can be reached or agreement to check his/her voicemail
within a reasonable period of time. The purpose of this requirement is to allow the supervisor to indicate
whether or not the supervisor has approved the leave, and to determine if, in the employee’s absence, there
are time-sensitive tasks that must be accomplished by another employee.
4       Notice of Use-or-Lose Leave – During the month of September each year, the Employer will
remind each employee in a use-or-lose situation of his/her leave balance and a need to request annual leave
to avoid unintended forfeiture of such annual leave.
5       Rescinding Leave – When leave has been requested and approved, the Employer will not cancel
approval, except in extraordinary situations where the presence of that particular employee is absolutely
required and only after the employee has been consulted and informed. The supervisor will notify the
employee as soon as possible, but not less than forty-eight (48) hours in advance of the beginning of
his/her scheduled leave period.
6       Leave At Holidays and Other Occasions – Reasonable effort will be made to accommodate
employees who desire leave during holiday seasons, on religious or other holidays, or to attend funerals.
Employees are expected to request such leave in advance, except in cases of emergency.
7       Annual Leave for Union Business:

       A.     The Employer shall authorize annual leave or leave without pay to any Union representative
              for attendance at any Union-sponsored conventions or meetings, so long as the employee
              has requested the leave two (2) work weeks in advance and the employee’s absence would
              not create a major workload problem.
       B.     Additionally, for Union business not covered by any other time-off or official time under
              this Agreement, the Employer will grant NAGE Local R3-77 officers and stewards leave
              to perform Union duties or engage in other Union business, unless the employee’s absence
              would create a major workload problem. The employee may charge such leave, at his/her
              option, to earned annual or advance annual leave. The employee may substitute leave
              without pay rather than be charged annual leave.

Section 3: Scheduling Sick Leave

1       Pre-scheduled Sick Leave Use – Employees who need sick leave for doctor’s appointments and
other authorized reasons that they know about in advance will request leave from their immediate
supervisors in advance. An employee may not be denied pre-scheduled sick leave for reasons other than
those related to the employee’s workload or the employee’s unit workload.
2       Unscheduled Sick Leave Use – When employees are unable to report to work they will attempt to
contact their supervisors within the first two (2) hours of their normal work schedule. Employees will
contact their supervisors directly, leaving a message on the supervisor’s voice mail when the supervisor is
unable to take the call. The message shall indicate the employee’s name, the reason for the absence, the
expected duration of the absence, and one (1) of the following: a phone number where the employee can be
reached, agreement to call the supervisor personally at a specified time, or an agreement to check his/her
voice mail with a reasonable period of time.
        3.      Advance Sick Leave – Department Directors may grant employees who have completed
their probationary period up to thirty (30) days of advance sick leave for a serious disability or ailment,
provided the employee is expected to return to duty and furnishes supporting medical documentation. A
temporary employee may be granted advance sick leave up to the total sick leave he/she would earn during
the remainder of his/her appointment. Advance sick leave will not normally be granted for absences of less
than three (3) consecutive workdays.
        Normally, no employee shall be required to reveal the identity of the illness which caused the
employee to request an advance of sick leave. When the Employer has reasonable cause to believe that the
leave should not be advanced, it may seek additional information from the employee. If the employee is
represented, or, with that employee’s consent, the Employer will consult with the Union before seeking
this additional information.
3       Documentation:

       A.      Requiring a Medical Certificate for Three (3) or More Consecutive Sick Days – An
               employee may be required to furnish a medical certificate to substantiate a request for
               approval of sick leave if the sick leave exceeds three (3) consecutive workdays. If the
               circumstances surrounding the employee’s absence indicate that the services of a physician
               were not available or required, the employee’s written statement may suffice.

       B.      Requiring a Medical Certificate for Fewer Than Three (3) Sick Days – Employees will not
               be required to furnish a medical certificate to substantiate a request for approval of sick
               leave for sick leave periods of three (3) consecutive workdays or less, unless the employee
               has been given a leave restriction letter. Prior to issuing this letter, and at the earliest
               opportunity, supervisors should discuss concerns regarding leave usage with the employee.
               Leave abuse may be present when (a) the proper procedures are not followed in requesting
               leave; and (b) the pattern of taking leave is disruptive to the unit’s workload; or (c) prior
               leave patterns may indicate a misuse of leave.

               When an employee’s absences indicate an abuse of leave, the employee will be advised in
               writing of the problem and the appropriate restrictions which apply. The leave restriction
               should deal with the identified leave abuse problem and the procedures which must be
               followed to obtain leave. Leave restrictions will be in place no longer than three (3)
               months. At the end of the stated period, the Employer shall review the employee’s
               situation, and shall give the employee written notice of rescission or renewal of the
               restriction. If the problem persists, the leave restriction may be extended in increments of
               three (3) months or less. During the restriction, the employee must furnish a certificate
               from a competent medical authority for each absence from work which he/she desires to
               charge to sick leave.

       C.      Requiring a Medical Certificate for a Chronic Condition – An employee will not be
               required to furnish a doctor’s certificate on a continuing basis if the employee suffers from
               a chronic condition or injury which does not necessarily require medical treatment,
               although absence from work may be necessary and the employee has previously furnished
               medical certification of the chronic condition or injury. Such medical certification shall be
               renewed on a reasonable basis depending on the condition or injury.

Section 4: Other Sick and Related Leave

Definition of Family Member:

1       In the following sections, family member means spouse and parents thereof; children including
adopted children and parents thereof; parents, brothers and sisters and spouses thereof; and any individual
related by blood or affinity whose close association with the employee is the equivalent of a family
relationship.
        2.      Leave Under the Family and Medical Leave Act – In accordance with 5 U.S.C. Sections
6381-6387 and 5 C.F.R. Part 630, subpart L, eligible employees are entitled to take up to twelve (12)
weeks of unpaid leave per year for any of the following reasons:
         A.      Because of the birth of a son or daughter of the employee and in order to care for such son
or daughter;
         B.      Because of the placement of a son or daughter with the employee for adoption or foster
care;
         C.      In order to care for a family member who has a serious health condition;
         D.      Because of a serious health condition that makes the employee unable to perform the
functions of the employee’s position.
2        Care of Newborn or Recently Adopted Child – Absent valid operational reasons (a determination of
which is left to the discretion of the Employer), an employee’s request for leave to attend to a newly
adopted child or a newborn infant shall be granted for up to six (6) months. Up to twelve (12) weeks of
such leave shall be counted as leave entitlement under FMLA (see Section 4.1. and 4.2. above).
3        Leave Under the Federal Employees Family Friendly Leave Act – This Act gives employees the
right to use forty (40) hours of sick leave annually, plus sixty-four (64) additional hours if the employee
has an eighty (80) hour sick leave balance to care for or otherwise attend to a family member as a result of
physical or mental illness, pregnancy, childbirth, medical, dental, optical examination or treatment, or to
make arrangements necessitated by the death of a family member or to attend the funeral of a family
member, and for bereavement purposes.
4        Adoptions – Employees may use accrued sick leave for purposes related to the adoption of a child.
In addition, in accordance with 5 U.S.C. Section 6307.d, employees may receive advance sick leave up to
thirty (30) days for purposes relating to the adoption of a child. This leave is not subject to the thirteen (13)
day restriction under the Federal Employees Family Friendly Leave Act.
5        Visits to the Health Unit – Employees who need to visit the health unit during their working hours
will inform their supervisors before reporting to the health unit or as soon thereafter as practicable. If their
supervisors are not available, then employees will leave a message on the supervisor’s voice mail. The
message shall indicate the employee’s name, and will specify that the employee has gone to the health unit.
If the employee does not return to work that day, the employee will notify the supervisor and the
supervisor will indicate that the employee was on sick leave, beginning at the time when the employee
leaves PBGC.
6        Pregnancy – In addition to all options provided for elsewhere in this Agreement and under Federal
law and regulations, a pregnant employee shall have the following leave options available to cover a period
of incapacitation or disability associated with the pregnancy and/or childbirth. The employee may take her
accumulated sick leave to cover this period of incapacitation or disability. The employee may also request
annual leave

       and/or leave without pay (in lieu of or in addition to sick leave) to cover this same period. The
       period of incapacitation or disability following childbirth will normally last for six to eight weeks
       but, in all cases, will be dependent on the employee’s obstetrician’s (midwife’s or physician’s)
       examination of the employee and certification of the employee’s fitness to return to work.

       No arbitrary cutoff date requiring an employee to cease work or to prevent an employee from
       returning to work due to pregnancy or childbirth will be established. If a cutoff date is established,
       it must be based on the physical capability of the employee to perform the duties of the job, as
       determined by the employee’s obstetrician, mid-wife or physician.

Section 5: Recrediting of Annual and/or Sick Leave
When an employee is on approved annual or sick leave and is required by his/her supervisor to participate
in work related activities during that time, he/she will have the amount of work time credited as duty time
and only be charged leave for the remainder of the day. Participation in these approved work related
activities must be for a minimum of one half hour (½) in order to be credited.

Section 6: Administrative Leave

1       The Employer may grant employees paid administrative leave to attend to matters that are of
interest to PBGC, civic duty, or the Federal Service.
2       Civic Responsibilities – Employees who desire to vote or register in any election or in referendums
on a civic matter in their community will be excused for a reasonable time for that purpose.

       A.      As a general rule, where the polls are not open at least three (3) hours either before or after
               an employee’s regular hours of work, the employee will be excused for enough time to
               permit him/her to report for work three (3)hours after the polls open or leave work three
               (3) hours before the polls close, whichever requires the lesser amount of time off. An
               employee’s regular hours of work will be determined based on his/her typical arrival and
               departure times.

       B.      Under exceptional circumstances where the general rule does not permit sufficient time,
               an employee will be excused for such additional time as administratively determined in
               order for the employee to vote, considering the particular circumstances in his/her
               individual case, but not to exceed a full day.

               For employees who vote in a jurisdiction that requires registration in person, time off to
               register will be granted on the same basis for voting, except that no such time will be
               granted if registration can be accomplished on a non-workday and the place of registration
               is within reasonable one-day, round trip travel distance of the employee’s place of
               residence.
3.     Hazardous Conditions – All employees are to presume that the office is open each regular workday
       unless specifically announced otherwise. Although employees are expected to be prepared to deal
       with most emergencies, conditions might occur which will make the closing of the office necessary.
       The decision to close the office will be as a result of hazardous conditions that the majority of
       employees might face reporting to their workplace or returning home. An announcement of full-day
       closing or delay in opening will be made through the news media and through use of a broadcast
       message on the Employer’s voice messaging system. Depending on the circumstances of the
       particular situation, attempts will be made to make a closing decision and broadcast it as early as
       possible. Employees should listen to radio or television news and follow the Office of Personnel
       Management’s or the Employer’s specific instructions.

       A.      When the workplace is closed for a full day by administrative order, employees not
               reporting to work will be credited for administrative leave in the amount of their normal
               tour of duty. When a decision is made to dismiss employees during the workday,
               employees on duty at the time of the dismissal will be excused without charge to leave.
               The early dismissal will have no effect on the leave or pay of employees not on duty
               when the dismissal became effective.
       B.      Supervisors should give every consideration to granting unscheduled leave as requested
               when an employee requests leave because of the impact of hazardous conditions.

       C.      If an emergency situation or inclement weather conditions exist which prevent an individual
               employee from reporting to work when the office is not closed, liberal leave, (i.e. annual
               leave or accrued compensatory time or credit hours) will be granted provided the employee
               provides a written description of the emergency or condition involved and a reasonable
               explanation as to why the conditions prevented him/her from getting to work. In unusual
               cases, and based on the written explanation of the emergency, a department head may grant
               administrative leave to cover any absence from work for a part of or all of the work day.

1       Military Deaths – An employee may be excused for up to three (3) days without charge to leave to
make arrangements for or to attend the funeral of an immediate member of his/her family killed in the line
of duty in the Armed Forces.
2       Blood Donations – Any employee who donates blood or attempts to donate blood to the PBGC
sponsored voluntary blood donation program will be granted up to four (4) hours administrative leave
which includes the time spent donating, or attempting to donate blood. If an employee returns to work but,
later that day, determines that he/she needs additional time to recuperate from the donation, he/she will be
granted administrative leave up to the total of four (4) hours.
3       Military Duty – Any employee who is a member of the National Guard or other reserve unit of the
Armed forces shall be entitled to military leave for each day of active duty in such organization up to a
maximum of fifteen (15) calendar days of any fiscal year. This leave need not be taken on consecutive
days. Approval of the military leave provided in the foregoing shall be based on the copy of the orders
directing the employee to active duty and a copy of the certification of completion of such duty.
4       Jury Duty – An employee is entitled to Court leave to the extent necessary to serve on a jury or to
participate in a non-official capacity as a witness on behalf of any party in connection with any judicial
proceeding to which the United States, the District of Columbia, or a state or local Government is a party.
Upon being notified an employee needs Court leave, the Employer through the Human Resources
Department will advise the employee as to his/her rights to overtime, fees, travel expenses, and other
appropriate compensation. The employee entitled to court leave will provide the Employer with
appropriate documentation to support the entitlement.
5       Extended Closings – The Employer shall place employees on administrative leave when it
dismisses a group of employees for emergencies or when the office space is needed for other reasons for a
period of up to seven (7) days.
6       Bone Marrow and Organ Donation – The Employer shall give seven (7) days paid time off (not
chargeable to annual or sick leave) for bone-marrow donation or thirty (30) days paid time off for organ
donations.
7       Holiday and Picnic – Employees who attend the annual holiday party and/or picnic shall be granted
administrative leave to attend each event. Those employees who volunteer to participate in the planning for
these events shall do so on duty time.

Section 7: Other Leaves of Absence Without Pay

1.     Employees may submit requests for extended periods of leave without pay not to exceed one (1)
       year for leave that would not otherwise fall under another provision of this Agreement. At least one
       (1) of the following benefits must result from the granting of such a request.
A.     Increased job ability, such as through pursuit of full-time job related study;

       B.      Protection or improvement of employee’s health;

       C.      Retention of a desirable employee, or

       D.       Furtherance of a program of interest to the Government. Further, there must be reasonable
                assurance that the employee will return to duty.
1       Employee requests will be considered on a case-by-case basis, and the Employer may reasonably
deny requests on the basis that granting the requests would result in a major workload problem.
2       The employee shall not have a right to return to duty until the end of the requested period of
absence. However, the Employer shall return the employee to duty as soon as possible.
3       The Employer will grant each employee, upon request, up to twenty-four (24) hours of leave
without pay in a twelve (12) month period to attend school or early childhood activities or to take care of
routine family medical issues and/or elderly relatives’ health or care needs.
4       Absence for Full-Time Union Business – The Employer agrees to approve leaves of absence for
any employee elected to a position of National Officer of NAGE for the purpose of serving full time in the
elected position. Such leaves of absence will be for a period concurrent with the term of office of the
elected official and automatically will be renewed by the Employer upon notification in writing from the
elected official that he/she has been reelected and wishes to continue in a leave of absence status.

Section 8: Miscellaneous Leave Provisions

        1.      Religious Leave – An employee will be granted annual leave or leave without pay for a
workday which occurs on a religious holiday as long as the employee requests such leave one (1) workday
in advance.
        A supervisor may permit an employee to work compensatory time off for the purpose of taking
time off without charge to leave when religious beliefs require the employee to abstain from work during
certain periods of the workday or workweek, to the extent that modifications in work schedules do not
interfere with the efficient accomplishment of the Department’s mission. The employee may work the
compensatory time off either before or after taking it. In either case, the employee must establish a
schedule with his/her supervisor to work the compensatory time off.
2       Leave Records:

       A.      Individual leave records are personal in nature. The Employer will not publicize such
               records. Only authorized timekeepers and supervisors are permitted to sign and keep time
               cards.

       B.      Any inquiry into a questionable medical certificate will be conducted by the Human
               Resources Department. Any inquiry will be made only after notification to the employee
               as to the questionable nature of the certificate.

       C.      Annual or sick leave balances will not be factors in promotion or disciplinary action.
                                              ARTICLE 30

                                             LEAVE BANK
Joint Committee

In addition to all existing leave transfer programs, the Employer and the Union agree to establish a joint
committee, composed of an equal number of Employer an Union representatives, to develop a voluntary
leave bank program consistent with 5 C.F.R. 630 Subpart J. This Committee will begin meeting within
thirty (30) days of ratification of this Collective Bargaining Agreement.

If the committee is unable to complete development of the program within ninety (90) days of
commencement, this will be converted to the bargaining process, unless the Union and Employer agree to
extend the Committee’s time frame.

                                              ARTICLE 31

                       MASS TRANSPORTATION SUBSIDY PROGRAM




Section 1: Metrocheck Program The Mass Transit Subsidy Program provides for transit passes
(Metrochecks) for all eligible PBGC employees.

       See Memorandum of Understanding – Appendix “E” Section 2: Ride-Share Program Recognizing

the significant environmental concerns of the community at large, PBGC will
actively promote ride-sharing through Commuter Connections, an area-wide ride-sharing matching
program, by:

1      Providing information regarding Commuter Connections’ services both annually and during new
employee orientation.
2      Providing a web-based link from PBGC to the Commuter Connections website to allow for online
application; and
3      Sponsoring, upon the Union’s request, an annual Lunch and Learn Program to familiarize
employees with Commuter Connection services.

                                              ARTICLE 32

                                        MERIT PROMOTIONS
Section 1: Policy

The merit promotion policy of PBGC is to ensure that all positions are filled with the best qualified
candidates consistent with the Agency’s needs, merit principles and affirmative action goals. This Article
applies to procedures to be used in making promotions to bargaining unit positions when competition is
required.

Section 2: Coverage
It is understood that this Article applies only to the following actions:

1       Filling a position by promotion except where the promotion is part of a career ladder or where the
promotion results from an employee’s position being reclassified at a higher grade because of additional
duties and responsibilities, or a classification appeal, or is, otherwise, mandated by higher rule, regulation,
law or authority, or an approved placement plan for employees involuntarily demoted;
2       Temporary promotions in excess of one hundred and twenty (120) consecutive calendar days;
3       Reinstatements to a permanent or temporary position at a higher grade or with more promotion
potential than a position previously held on a permanent basis in the competitive service;
4       Transfer to a position at a higher grade or with more promotion potential than a position previously
held on a permanent basis in the competitive service;
5       Reassignment or demotion to a position with more promotion potential than a position previously
held on a permanent basis in the competitive service (except as permitted by reduction-in-force
regulations; and
6       Details which can be reasonably anticipated to last more than one hundred and twenty

       (120) consecutive calendar days to higher graded positions or positions with known promotion
       potential.

Section 3: Recruitment Methods

1.     In its search for qualified candidates, the Employer may utilize any of the following options.
       A.       Announce the vacancy to PBGC employees only; (an individual must be on PBGC’s
                rolls up to and including the date of selection);

       B.      Announce the vacancy to PBGC employees and status eligibles as defined in OPM
               regulations;

       C.      Request a certificate from OPM in addition to (A) and (B) above; or

       D.      Announce for status and non-status candidates.

       E.      The above options may be exercised sequentially or simultaneously at the
               Employer’s discretion.

1       The posting period, area of consideration and other non-regulated aspects of this Article may be
waived by mutual consent of the Parties where there is good reason for doing so.
2       The Employer and the Union agree that PBGC employees should have the opportunity to advance
in accordance with their knowledge, skills and abilities (KSAs). The Employer agrees to support such
advancement through its selection authority.
3       If it is projected that more than one (1) vacancy will occur in any one (1) classification and grade
level in a six (6) month period, the Employer may maintain a roster of rated and ranked PBGC candidates
for up to six (6) months (open continuous announcement).

Section 4: Vacancy Announcement

1      The Employer will post a vacancy announcement to cover all positions which must be filled in
accordance with the procedures of this Article. Initially, the vacancy announcement will be posted for a
minimum of fourteen (14) days and a maximum of thirty (30) days.
2        The Employer shall notify all employees via e-mail when a vacancy announcement is posted and
shall attach a copy of the vacancy announcement to the e-mail message.
         3.     At a minimum, the vacancy announcement will contain:
         A.     Announcement numbers;
         B.     Opening and closing dates (any open announcement will be so indicated);
         C.     Position title, series and grade;
         D.     Organizational location;
         E.     Promotion potential, if any;
         F.     Area of consideration;
         G.     Principal duties;
         H.     Qualifications necessary for filling the position (Including OPM requirements) and;
         I.     Relevant knowledge, skills and abilities considered pertinent to successful performance of
the position. The KSAs shall be job related, capable of objective measurement and not unduly restrictive;
         J.     Significant work conditions;
         K.     Statement of evaluation method to be used;
         L.     Procedures for applying;
         M.     Statement of equal employment opportunity;
         N.     Number of positions expected to be filled;
         O.     The specific information the candidate must submit;
         P.     Where to submit the application; and
         Q.     A statement that, while an application may include a copy of the summary rating page or
portion of a performance appraisal or evaluation that shows the overall summary rating, it may not include
any narrative portions.
3        Where it is determined that there are no qualified PBGC employees for a position, no vacancy
announcement need be posted.
4        The Union will be given an advance copy of new vacancy announcements. It will be allowed up to
seven (7) days from the date it receives the draft to comment on the required knowledge, skills and
abilities. The Union may not circulate this advance copy or, otherwise, provide such advance information
to anyone who might apply for the position.

       Comments received from the Union by the Employer will be considered if received with the seven
       (7) day timeframe. The Union may request to meet with the Employer to discuss the Union’s
       comments. Where the position to be filled was not changed and the knowledge, skills and abilities
       have been previously submitted for comment, repetitive submission will not be required.
Section 5: Filing Applications

1       Candidates who wish to be considered for an announced vacancy may apply by submitting a
resume, an OF-612 (Optional Application for Federal Employment), or an SF-171 (Application for Federal
Employment), or any other format that they choose so long as it contains the required information.
Applications which do not contain necessary information may be rejected.
2       Each employee is solely responsible for ensuring that his/her application is submitted by the closing
date. Applications received in the Human Resources Department will not be considered if they are received
before the opening date or after the closing date stated in the vacancy announcement. If an employee is not
at work for the entire time that the vacancy announcement is open, he/she may submit a written indication
of interest on his/her first day back at work and must submit the full application package prior to the
beginning of the evaluation process.
3        An application may include a copy of the portion of a performance appraisal or evaluation that
shows the overall summary rating. However, it may not include any narrative portions of a performance
appraisal or evaluation. If narrative portions are included, the Human Resources Department shall detach
and remove it from the application and maintain it in a separate file that will not be utilized in the rating,
ranking or selection process.
4        Where the Employer posts an open continuous announcement, an applicant may supplement an
initial application to include a more recent rating of record, any awards received since the initial
application and/or training/education events directly related to the KSA.
5        The Human Resources Department shall date stamp applications upon receipt.
6        Whereas the Employer may make employees aware of specific vacancies as they occur, the
Employer agrees not to inequitably solicit, entreat or strongly urge applications from any candidates or
potential candidates within the bargaining unit.

Section 6: Evaluation Factors

1       Selective placement factors will be used in accordance with OPM’s Qualification Standards
Handbook for General Schedule Positions when they are essential to the successful performance of the
position. In such cases, they will constitute part of the minimum requirements of the position and the
required narrative justification will be made available to the Union upon request.
2       Significant working conditions such as a requirement for extensive travel will only be used when
they are essential to the successful performance of the position. Significant working conditions must be
justified in writing with a copy of such justification going to the file and to the Union.

Section 7: Evaluation Procedures

1       The Employer agrees that a subject matter expert (SME) will evaluate the candidates when there
are ten (10) or fewer qualified candidates for a position. The Employer and the Union shall mutually agree
upon a list of subject matter experts. Only SMEs from the list may be used. The Parties will meet, at least,
once every six (6) months to mutually agree to a list. At other times, the Parties may mutually agree to
changes to the list. When there are fewer than five (5) qualified candidates, a personnel specialist may be
assigned to complete the candidate evaluation in lieu of an SME. The Employer agrees to use a three (3)
member rating panel when there are more than ten (10) qualified candidates for a position. At least one (1)
of the panel members shall be a subject matter expert for the position. The remaining panel members shall
be familiar with the mission and function of the organizational segment where the position is located.
Panel members must be the same or a higher grade level of the position being filled. The Union shall
submit to the Employer a list of employees to serve on future rating panels. The list shall contain the name
of the employee, his current classification and grade, and the organizational segments for which the
employee is familiar with the mission and function. The Employer shall consider these names when
choosing members of a rating panel. The Employer will notify the Union of the names of the respective
SMEs and panel members within one (1) business day after they are selected to serve with respect to a
particular vacancy.
2       There shall be no non-voting observers present during the rating process except for the EEO
Manager or his/her designee and/or a personnel specialist assigned to insure proper action by the panel.
The same rating panel members must rate all qualified candidates.

Section 8: Rating and Ranking
1       The Human Resources Department will determine whether each applicant meets the minimum
qualifications for the position. All qualified candidates will be rated and ranked using a rating schedule
identifying knowledge, skill and abilities approved by the Human Resources Department.
2       Ratings will be based upon a maximum of one hundred (100) points allocated in accordance with
the following scale:
3       Interviews will not be conducted by the rating panel or SME except in the case of the Upward
Mobility Program and/or after the Union has been notified.
4       The Personnel Specialist, SME or rating panel, as appropriate, shall evaluate all information
elicited from the candidates in relationship to the knowledge, skills and abilities (KSAs) determined as
relevant for the position.
5       When only a Personnel Specialist or SME is used, his/her rating is the candidate’s KSA score.
Where a rating panel is used, scores from each panel member for knowledge, skills and abilities shall be
totaled and divided by the number of panel members. This number shall be the candidate’s KSA score.
6       Candidates who have applied for the specific vacancy and are eligible for noncompetitive selection
or appointment (reassignment, transfer, reinstatement, demotion new appointment, etc.) will be screened to
ensure that they meet the specific qualifications for the position and placed on a separate certification
which will be included with whatever certification is sent to the selecting official. No rating and ranking is
necessary beyond screening for qualifications.
7       Testing of applicants will not be conducted except in rare and unusual circumstances. In cases
when tests are determined to be necessary, the Employer agrees to notify the Union in advance. The Union
may exercise any rights in this regard.

               70 Points Minimally Qualified
               Up to 30 points Knowledge, skill and abilities (KSAs)

Section 9: Certification and Selection of Candidates

1       The selection list for merit promotion eligibles will contain a reasonable number of candidates
based upon significant break points in candidates’ scores. A significant break point is defined as, at least,
three (3) points separating two (2) candidates, provided that a minimum of five (5) qualified candidates are
referred on the selection list. If the selecting official determines that an interview is necessary, he/she shall
interview all referred candidates. Candidates will be referred in alphabetical order and the selecting official
will not be provided individual numerical ratings, or any other materials developed by the rating
committee, except for the range of scores for the candidates on the certificate(s).
2       The selecting official will apply systematic, equitable and uniform procedures in evaluating the best
qualified candidates for selection. The selecting official may consider relevant awards and performance
ratings when making a selection. However, the selecting official shall not consider the narrative portions of
any performance appraisal or evaluation. An employee’s accumulation or balance of annual or sick leave
may not be considered by a promotion panel or selecting official as the basis for selection or non-selection.
3       The selecting official will make a decision to select or non-select within thirty (30) days of
receiving the certificate of eligibles unless an extension has been requested from and granted by the
Director, Human Resources Department.
4       The Employer will, on a monthly basis, furnish the President of Local R3-77 with the title, grade
and location of positions filled under this Article and the name of the person selected.

Section 10: Effective Date of Promotion
An employee who has been selected for a promotion will have his/her promotion become effective no
later than one (1) complete pay period following his/her selection or the date the position is vacated if
the selection was made in advance of the position being vacated.

Section 11: Applicant Requests for Information

Upon written request to the Human Resources Department, an employee/candidate will be provided the
following information about a position announced under this Article if he/she had applied in a timely
manner:

1       Whether legally eligible and, if not, the specific reasons why not;
2       Whether or not they meet the minimum qualifications for the position;
3       Whether considered by the personnel specialist, rating official or rating panel and, if not,
specifically why not;
4       Whether or not they were ranked in the group referred to the selecting official;
5       Answers to any questions reasonably related to the employee’s ability to be promoted to that
specific position the next time it is announced; and
6       Counseling as to how he/she might be a more successful candidate for that specific position in
subsequent competition.

Section 12: Corrective Action for Improper Procedure and Priority Consideration

Employees are entitled to retroactive pay in connection with improper personnel actions in accordance
with applicable laws, rules, regulations and this Agreement. If an employee was not awarded proper
consideration in a previous competitive action, but promotion is not warranted or ordered, corrective action
will be taken in accordance with the following principles:

        1.      If the employee was erroneously omitted from a certificate of eligibles, he/she will receive
priority consideration for the next appropriate vacancy for which he/she is qualified. An appropriate
vacancy is one at the same grade level, with similar duties in
        the same area of consideration, and with comparable promotion opportunities as the position for
which the employee did not receive proper consideration. Priority consideration involves, in addition to the
above, the submission of the employee’s name alone on a certificate of eligibles to the selecting official
before the electing official reviews the qualifications of all other competitive candidates.
2       In the event that two (2) or more employees are entitled to priority consideration for the same
vacancy, the names of all such employees shall be submitted on a single promotion certificate of eligibles
to the selecting official.

Section 13: Conduct Investigations/Subsequent Demotions

1       The fact that an employee is the subject of a conduct investigation will not prevent or delay his/her
promotion or proper consideration for promotion, unless it is necessary to prevent discredit to the
Government, or unfavorable and unjustifiable criticism of the Government. The employee will be notified
in such cases.
2       Further, if an employee is promoted and is subsequently demoted for inability to perform at a
higher level, the Employer agrees to make reasonable efforts to return the employee to the position he/she
was promoted from or a like position as soon as is practicable.
Section 14: Promotion Files

PBGC will maintain promotion and selection files in accordance with higher level regulations and will
not destroy files which are relevant to a pending grievance or EEO action.

Section 15: Grievances Related to Merit Promotion

1       In accordance with higher authority, except on a basis which is either appealable under a statutory
appeal process, e.g., EEO, or is, otherwise, grievable under other provisions of this Agreement, an
employee may not grieve non-selection from group of properly rated and ranked candidates.
2       In the processing of allowable grievances related to actions taken under the terms of this Article,
the grieving employee or his/her steward will, upon request, be furnished the relevant necessary material,
including performance rating or awards used by the SME or rating panel and selecting official in assessing
the qualifications of the eligible candidates and in rating the eligible candidates. Upon the request of the
Union President, a designated Union representative or steward, in the presence of an appropriate Employer
representative, shall be given access to the complete record of the particular promotion action other than
test material, including, for example, the crediting plan.
3       The aforementioned information may be sanitized to protect the individual’s right to privacy.
However, this sanitization should not be accomplished in such a manner as to substantially impair the
usefulness of the document or information.

Section 16: Career Ladder Promotion

Employees in career ladder positions will be promoted the first pay period after having met the minimum
waiting period established for promotion to the next higher grade level in the career ladder provided that
(1) there is sufficient work at the next higher grade level, and (2) the employee has demonstrated the
ability to perform the higher level duties.
                                               ARTICLE 33

                  MERIT SYSTEM PRINCIPLES AND ACCOUNTABILITY


Section 1: Merit Systems Principles

1.     As provided by 5 U.S.C. Section 2301(b), the Employer’s personnel management will be
       implemented consistent with the following merit system principles:

       A.      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.

       B.      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.

       C.      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.

       D.      All employees should maintain high standards of integrity, conduct, and concern for the
               public interest.

       E.      The Employer’s work force should be used efficiently and effectively.

       F.      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.

       G.      Employees should be provided effective education and training in cases in which such
               education and training would result in better organizational and individual performance.

       H.      Employees should be:

1       Protected against arbitrary action, personal favoritism, or coercion for partisan political purposes;
and,
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.

       I.      Employees should be protected against reprisal for the lawful disclosure of
               information which the employees reasonably believes evidences:

1       A violation of any law, rule, regulation; or
2       Mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger
to public health or safety.

Section 2: Accountability for Violation of Merit System Principles

In carrying out their duties, all employees of the Employer will follow and apply the Merit System
Principles contained in Section 1 above. All employees of the Employer who violate these principles
are subject to appropriate action, up to and including removal.

Section 3: Compliance with Merit Principles Under Executive Order

The Employer will comply with the following provisions of Executive Order No. 10577:

1      Prohibition Against Racial, Political, or Religious Discrimination – No employee of the Employer
who has authority to take or recommend any personnel action with respect to any person who is an
employee or any eligible or applicant for a position in the competitive service shall make any inquiry
concerning the race, political affiliation or religious belief of any such employee, eligible, or applicant. All
disclosures concerning such matters shall be ignored, except as to such membership in political parties or
organizations as constitutes by law a disqualification for Government employment.
2      Prohibition Against Securing Withdrawal from Competition – No employee of the Employer shall
influence an employee to withdraw from competition for any competitive position for the purpose of either
improving or injuring the prospects of any applicant for appointment.


                                                ARTICLE 34

                                        NOTICE TO EMPLOYEES



Section 1: General

When the Employer presents the employee with written notice specified in Section 2 below, the employee
will receive an original and a copy of that written notice. The copy shall state at the top of the first page in
capital letters: ‘THIS COPY MAY AT YOUR OWN OPTION BE FURNISHED TO NAGE Local R3-
77.”

Section 2: Application of Article

Section one (1) above, applies to the following material:

1     Letters of proposed disciplinary actions;
2     Letters of final decision in any disciplinary actions;
3     Letters of advance notice or decision to withhold a within grade increase;
4     Letters of advance notice or decision to impose a reduction in force;
5     Letters of advance notice or decision to downgrade an employee’s classification;
6     Performance improvement plans;
7     Letters denying a waiver of overpayment;
8     Letters denying an employee’s request to work part-time;
9     Letters placing an employee on sick leave restriction; and
10    Final Agency action denying relief in formal EEO complaints. Section 3: Reports to Union The
Employer shall, on a quarterly basis, provide the Union with statistics on the issuance of


items in Section 2.1., 2.2., and 2.6.
                                                ARTICLE 35

                                                  OFFICES
Section 1: Selection of Offices

1       Within each department and within each division level unit in COCD, CPRD, FASD, FOD, HRD,
and IOD, employees will select offices by (1) category of office type and size to which they are entitled,
and (2) within each category, by total length of service at PBGC. Prospectively, employees who work
twenty-three (23) hours or less per week in permanent part-time positions and are not job sharing, will be
ranked behind other employees when office selection opportunities arise. Ties will be broken using total
federal service.
2       For OGC, the following three (3) principles apply:

       A.      Generally, attorneys are to be located on the same floor as the AGC; or

       B.      If there is no vacant office at the attorney’s grade level on his/her AGC’s floor, but there is
               one vacant on the other floor, the attorney may select that office; and

       C.      There are certain common sense exceptions to these rules, which are to be agreed upon by
               the Parties.

Section 2: Vacant Offices

1       Whenever there is a vacant office that is projected not to be filled within ninety (90) days, the
employee with the highest selection standing or ranking for the category of office size that is one (1) step
lower who so wishes may select the vacant, larger sized office. That employee will occupy the larger sized
office for, at least, six (6) months. At the end of the six (6) month period, the office will be deemed vacant
and will be filled again by applying the agreed procedures.
2       The Union may inquire as to the Employer’s plan to fill a vacant office at any time. The Employer
will respond within five (5) workdays as to whether or not it projects filling the office within ninety (90)
days of the date of vacancy.
3       If the Employer projects filling a vacant office within ninety (90) days, but does not fill the office
within that time, then the employee with the highest selection standing or ranking for the category of office
size that is one (1) step lower who so wishes may, immediately, select the vacant, larger-sized office. That
employee will occupy the larger-sized office for, at least, six (6) months. At the end of the six (6) month
period, the office will be deemed vacant and will be filled again by applying the agreed procedures.

Section 3: Procedures for Selection

1      These procedures apply to all employees, whether or not in the bargaining unit.
2      Subject to any other Agreements by the Parties regarding office sizes, the following categories
apply for purposes of office selection:

       A.      At least two hundred (200) square feet, private office for GS-15 employees;

       B.      At least one hundred and fifty (150) square feet, private office, for GS-14
               employees and GS-12/13 supervisors;

       C.      At least one hundred and twenty (120) square feet, private office, for GS-13
               employees;

       D.      At least one hundred (100) square feet, private office, for GS-5/7/9/11/12
               professional employees and GS-8/9/11 supervisors;

       E.      At least sixty-four (64) square feet workstation, for GS-5/6/7/8/9 technical
               employees and GS-7/8 secretaries;

       F.      At least forty-eight (48) square feet workstation, for GS-3/4/5/6 clerical and secretarial
               employees; and

       G.      At least thirty-six (36) square feet workstation, for GS-2/3 stay-in school
               employees.

Section 4: Systems Furniture

If an employee chooses to move into a different work space, the systems furniture will not normally be
reconfigured unless it is to reasonably accommodate an employee who has a disability. In those offices
which have columns that reduce the overall usable size of the office category, furniture and cabinets can
be moved to best use the available space.

Section 5: Work Stations

The Parties will work towards replacing “J” (forty-eight square feet) work stations with “I” (sixty-four
square feet) work stations, where construction is not required and space permits. The Parties will jointly
determine the reconfigurations. Where work stations cannot be enlarged, the option of placing lateral two
(2) drawer file cabinets outside the work station will be allowed if desired by the employee and if ADA
requirements are still met.
Section 6: Utilization of Offices During Employee Absence

The Employer has the right to utilize employee offices while the employee is on extended absence (defined
as two (2) consecutive pay periods or greater) if no other adequate space exists in the applicable area.
However, the Employer shall notify the employee or the employee’s representative of such intended use.
                                               ARTICLE 36

             PART-TIME, PROBATIONARY AND TEMPORARY EMPLOYEES


Section 1: Purposes

This Article sets forth the unique rights of part-time, temporary and probationary employees where
those rights differ from those of full-time career employees.

Section 2: Part-Time Employees

1       At PBGC’s discretion, considering both the needs of the employee involved as well as the mission
of the organization and its operational needs, PBGC will allow employees to work on a part-time basis
and/or participate in a job share program.
2       When a part-time position is established, PBGC has the discretion to fill this position utilizing any
of the methods allowed in filling comparable full-time positions.

Section 3: Probationary Employees
PBGC will comply with OPM regulations in terminating any probationary employee.

Section 4: Temporary Employees

1       Benefits – Generally, employees who are serving on time limited appointments of more than one
(1) year, and who have a reasonable expectation of working more than six (6) months, have the right to
enroll in Government life insurance and health insurance programs.
2       Termination for Cause – Temporary employees with more than sixty (60) calendar days remaining
on their appointment who are terminated for cause will be subject to the following procedures:

       A.     A temporary employee will be orally notified by his/her immediate supervisor that
              his/her termination for such cause as will promote the efficiency of the service is
              proposed;

       B.     The employee and his/her Union steward or other representative of his/her choice will meet
              with the supervisor within four (4) calendar days. At the meeting, the supervisor will set
              forth the reasons and evidence for the proposed removal;

       C.     The supervisor will notify the employee in writing if the termination will be effected
              and, if so, will state the reasons. The effective date of the termination shall not be less
              than seven (7) calendar days from the time the employee receives the written decision.
              The written decision shall contain the employee’s right to have the decision reviewed;

       D.     Upon request, the employee and his/her representative will meet with the next higher
              management official within the seven (7) calendar day period. The next higher official
              shall advise the employee in writing, prior to termination, whether the decision to
              terminate is sustained or rescinded;

       E.     An employee may resign without a derogatory notation being put on his/her Standard
              Form 50 (SF-50), Notice of Personnel Action, anytime prior to the issuance of a
              termination letter; and

       F.     The process of notice may be waived if: (a) there is reasonable cause to believe an
              employee is guilty of a crime for which a sentence of imprisonment can be imposed; or; (b)
              the circumstances are such that there is good reason to believe that the employee’s retention
              in an active duty status will result in damage to Government property or may be detrimental
              to the interests of the Government or injurious to the employee, his/her fellow employees,
              or the general public.

3.     Termination of Temporary Appointment, Not for Cause – Unless it is not practicable, temporary
       employees serving in a limited time appointment will be given two (2) weeks advance notice
       when their appointments are to be terminated for reasons other than just cause, e.g., lack of work.
                                              ARTICLE 37

             PERFORMANCE MANAGEMENT AND EVALUATION SYSTEM
Section 1: Purpose

PBGC’s performance management and evaluation system is linked to its mission, goals and objectives
and is aimed at improving individual, team and corporate performance. The system focuses on
communication about performance, i.e., feedback and employee development. The system is also
designed to accurately evaluate employee performance, to recognize exemplary performance, and to
effectively deal with unsatisfactory performance.

Section 2: Communication

1.     Supervisors will establish and maintain effective oral and written communication with their
       employees. The goals of this communication are as follows:

A.     To clearly inform employees what is expected of them;

       B.      To provide regular, frequent feedback on employee performance;

       C.      To identify and address any downward trends in performance; and,

       D.      To identify and address significant accomplishments and further opportunities for growth.

2. Supervisors and employees are encouraged to work together to establish an individual
communication program that works best for them.

Section 3: Performance Objectives and Standards

1        The Employer has determined that employees shall be rated based on five (5) performance
objectives which are equally weighted. Two (2) of these objectives, customer service and teamwork, are
Corporate-wide generic objectives; the remaining three (3) objectives are job specific.
2        Performance objectives and standards will be stated in a clear and distinct manner and will, to the
maximum extent feasible, permit the accurate evaluation of job performance on the basis of objective
criteria. The performance standards will be realistic and reasonably attainable.
3        Performance standards will make allowances for factors beyond the control of the employee.
4        Whenever the Employer elects to change the performance objectives and standards for a group of
employees or positions, Employer and Union representatives shall form joint labor/management
departmental teams to discuss, develop, and recommend standards for review by the Employer.
5        Whenever the Employer elects to change an individual employee’s performance objectives and
standards, it will send the draft changes to the Union for review and comment. The Employer will consider
the Union’s comments before deciding upon the final objectives and standards.
         6.     Supervisors will present employees with a copy of their performance objectives and
standards within thirty (30) days of their initial assignment to a position or within thirty
         (30) days of a change in their performance objectives and standards. The supervisor will meet with
the employee and invite the Union for the purpose of orientation and clarification of their performance
objectives and standards.
6        Performance standards will become effective the date they are signed by the employee or backdated
to a date mutually agreed to by the employee and supervisor provided no other standards were in effect
during the period covered by the backdating and provided that the rating official supervised the employee
from the date the standards are backdated. Once employees have signed their performance objectives and
standards, those objectives and standards will remain in effect unless the employee changes positions or
the objectives and standards change for other reasons. An employee may not be rated for performance
under standards where such performance occurred prior to his/her receipt of performance standards and an
opportunity to discuss them with his/her supervisor.
7       Supervisors may require employees to develop regular work plans. In those cases in which
supervisors do not require work plans, employees may elect to jointly develop work plans with their
supervisors.

Section 4: Evaluation of Employee Performance

1.     Performance Reviews – The purpose of a performance review, regardless of frequency, is to allow
       the supervisor to meet with an employee to review the employee’s performance, identify trends,
       and discuss ways to improve performance.

       A.     In addition to the annual performance review meeting that a supervisor holds with his/her
              employee (see Section 4.2 below), supervisors will meet, formally, with employees at least
              once at the end of every one hundred and twenty (120) day period beginning with the fiscal
              year. The employee and supervisor will sign and date the performance management and
              evaluation system cover sheet to document that these performance reviews were conducted.
              The employee may bring a Union representative to the performance review and the
              supervisor may require other supervisory personnel, such as team leaders, to attend.
       B.     When a supervisor becomes aware that an employee is experiencing performance
              difficulties that might result in an unacceptable performance rating, that supervisor is
              required to meet with the employee and document these discussions to include the specific
              areas in which the employee needs to improve. The supervisor will sign the documented
              discussions and the employee will sign acknowledging receipt. The employee shall receive
              a copy of the documentation and may add his/her own comments. Employees shall be given
              at least twenty-four (24) hours notice of the meeting to afford them an opportunity to
              request a Union representative to be present at the meeting.

       C.     After each review period, Department Directors will certify in writing to their Deputy
              Executive Director that all performance reviews were conducted and will provide
              justification for any exceptions. The Employer will provide the Union with a copy of the
              certifications in a timely manner.

2.     Annual Performance Appraisals:
                                                    st


       A.     To the extent possible, by October 31 , supervisors will complete annualperformance
              appraisals for each employee who has been under performance objectives and
              standards for one hundred and twenty (120) days or more as of
                            th                                 stth


              September 30 . The appraisal period is October 1 through September 30 . Supervisors will
              meet with their employees to review and discuss the appraisals. The employee may bring a
              Union representative to the meeting and the supervisor may require other supervisory
              personnel, such as team leaders, to attend.
              1.      Four-Level System – Performance appraisal will consist of four (4) levels defined
                      as follows:

        a.      Outstanding – A Sustained, rare, and exceptionally high level of performance which
significantly exceeds expectations with minimal supervision;
        b.      Excellent – An unusually good level of performance where work requirements are
exceeded;
        c.      Fully Effective – A good level of performance where work requirements are fully met; and
        d.      Unacceptable – A level of performance which fails to meet performance standards at the
Fully Effective Level.

              2.      Evaluation of Performance Objectives – The immediate supervisor will prepare a
                      written narrative for each performance objective which substantiates their level of
                      performance and rating whether Unacceptable, Fully Effective, Excellent, or
                      Outstanding. The narratives will include specific examples of accomplishments
                      which meet the criteria for the
                      rating. Developmental needs will be discussed and documented.

1       Overall Rating – Supervisors will rate employees’ overall performance as Outstanding Excellent,
Fully Effective, or unacceptable. To receive an outstanding overall rating, an employee must receive
outstanding ratings for at least three (3) out of the five (5) performance objectives and must receive an
excellent rating on the remaining performance objectives. To receive an excellent overall rating, an
employee must receive a rating of excellent or outstanding on at least three (3) of the performance
objectives. If a supervisor rates an employee as unacceptable for one (1) or more performance objectives,
the supervisor must rate the employee’s overall performance as unacceptable and, if it has not been done
already, place that employee on a performance improvement plan (see Section 5 below).
2       Two-Level Review – A person senior to the supervisor who is in the supervisor’s chain of
command will review and approve all performance appraisals.

       B.     An employee who received more than one (1) performance rating during the fiscal year
              will receive an average of the two (2) ratings received. Each of the evaluations shall be
              weighted based on the period of time covered by the particular evaluation.

       C.     When an employee has been performing under objectives and standards for less
                                                                           th


              than one hundred and twenty (120) days as of September 30 , the supervisor willextend the
              appraisal period until the employee has been under performance objectives and standards
              for one hundred and twenty (120) days, at which time the supervisor will complete an
              appraisal. Employees who have not been working under performance standards for one
              hundred and twenty (120) days as of
                            th


                   September 30 , however, will not be eligible for performance awards.

Section 5: Unacceptable Performance

1      Prior to taking any action against an employee for unacceptable performance, the employee must
have been counseled in writing concerning his/her deficient performance. When a supervisor initially
determines that any aspect of an employee’s performance is unacceptable, the supervisor should clearly
describe what makes the work unacceptable and tell the employee what needs to be done to improve.
Initially, this may be done orally or in writing, at the supervisor’s discretion. If, however, the performance
problem continues, the supervisor shall communicate his/her concerns to the employee in writing.
         2.      Where the Employer prepares documentation in the form of written memoranda for its own
records or for the information of or action by the Employer concerning an
         employee’s performance and which could have an adverse effect on the employee’s next
performance appraisal or other employment consideration, it will be given to the employee no later than
fourteen (14) days after the date on which the documentation was prepared.
         3.      Performance Improvement Plan – If the supervisor believes the employee is not responding
appropriately to corrective or advisory measures, the supervisor has the option of placing the employee on
a performance improvement plan. Supervisors can do this at any time; they need not wait until the end of
the annual rating period. On the other hand, whenever a supervisor rates an employee as “unacceptable,”
the supervisor must place the employee on a performance improvement plan as soon as practicable after
issuing the unacceptable rating. A Performance Improvement Plan will entail the following:
         A.      Identify each of the performance objectives and standards that the employee has failed to
meet and specifically describe, with examples, how the supervisor finds the employee’s performance to be
deficient for each objective and standard during the rating period. In no case can the supervisor rely on
examples that occurred prior to the rating period;
         B.      Indicate what the employee must do to improve his/her performance;
         C.      Require the supervisor and employee to jointly develop a work plan which prioritizes the
employee’s work assignments and specifies how the employee will complete them in the time allotted. The
completed work plan must be approved by the supervisor;
         D.      Indicate that the employee and supervisor will meet, at least, every two (2) weeks to review
the employee’s work plan and job performance;
         E.      Give the employee a reasonable time of not less than ninety (90) days after development of
the initial work plan to improve the employee’s performance; and
         F.      Notify the employee that he/she is expected to show immediate and progressive
improvement and that failure to show improvement or to eliminate the performance deficiencies in the
objectives and standards cited, may result in disciplinary action up to and including removal.
         G.      The employee may be accompanied by a representative of his/her choice when the PIP is
issued. The employee and/or representative may ask questions to clarify information in the PIP.
         4.      Removal for Unacceptable Performance – PBGC may remove employees from the Federal
service whenever their performance does not improve upon the expiration of the performance
improvement plan. The removal process will be identical to the process
         outlined in Article 10 (Disciplinary and Adverse Actions). The Employer agrees to consider
reduction in grade/pay as well as retraining or lateral reassignment when it is appropriate to do so under all
of the circumstances, before proposing the employee’s removal.
2        Continued Fully Effective Performance – Employees who successfully complete a performance
improvement plan must maintain their improved performance. If the employee’s performance declines to
an unacceptable level more than one (1) year after the date of a previous performance improvement plan,
the Employer must place the employee on a new performance improvement plan before taking any action
under this Article. If, however, an employee’s performance declines to the unacceptable level within one
(1) year from the date of the initial performance improvement plan, the Employer is not required to subject
the employee to an additional performance improvement plan prior to proposing removal.
3        The Employer will remove from its records any records of performance improvement plans for
those employees who maintain their performance at or above the “Fully Effective” level for one (1) year
after having been initially placed on a performance improvement plan.

Section 6: Performance Awards

Employees who received annual overall performance ratings of Excellent and Outstanding will receive
performance awards as stated in Article 4 (Awards).

Section 7: Within-Grade Increases

Supervisors will approve within-grade increases for employees who are performing at the fully effective
level in a fair and objective manner and in accordance with 5 C.F.R. Part 531, Subpart
D. The within-grade increase will be effective on the first pay period after having met the minimum
regulatory requirements.

1       Approving a Within-Grade Increase When the Employee’s Last Rating of Record is Unacceptable
– If an employee’s last rating of record is unacceptable, the employee’s supervisor will deny the within-
grade increase unless the supervisor believes the employee’s performance has increase to a sustained Fully
Effective level. When an employee’s performance has risen to the sustained Fully Effective level, the
supervisor will first complete a new performance rating noting the acceptable level of performance and
then approve the within-grade increase.
        2.      Denying a Within-Grade Increase When the Employee’s Rating of Record is Fully Effective
– Supervisors may deny an employee’s within-grade increase when the employee’s last rating of record is
Fully Effective only if the supervisor believes the employee’s performance has declined to the
unacceptable level. In that case, the supervisor will: (1) deny the within-grade increase; (2) issue an
unacceptable
        performance rating; and (3) place the employee on a performance improvement plan. If the
employee grieves the unacceptable performance rating, that grievance will automatically include the denial
of the within-grade increase. If the rating is subsequently reversed, the within-grade increase will be
approved retroactively to the date when it was initially denied.
2       Subsequent, Sustained Fully-Effective Performance – When a within-grade increase has been
withheld and the employee has subsequently demonstrated sustained performance at an acceptable level of
competence, the Employer may prepare a new rating of record for the employee and grant the within-grade
increase. This increase will not be retroactive to the date of the initial denial of the within-grade increase.
In any event, a new determination will be made no later than fifty-two (52) weeks after the date of the
original determination.

Section 8: Grievances

Employees may grieve their summary performance ratings and denials of within-grade increases in
accordance with Article 21 (Grievances) and Article 3 (Arbitration). For the purpose of calculating
timeliness, appraisals become final when employees receive copies of approved appraisals from their
supervisors.
                                               ARTICLE 38

                 PERSONNEL RECORDS AND ACCESS TO INFORMATION
Section 1: Access to Personel Records

1       Upon written request and proper identification, each employee and/or the employee’s
representative designated in writing by the employee for this specific purpose, shall be granted access to
any record(s) pertaining to the employee with the exception of records restricted by OPM and/or other
records restricted by law or higher regulation. Such access will take place in the presence of the
individual(s) having official custody of the records.
2       Copies of such documents will be furnished to the employee and/or designated representative upon
written request. Charges, if any, for such photocopies shall be in accordance with 5 CFR Section 297.206.
3       Any records concerning an employee which are not made available to the employee or his/her
designated representative 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.

Section 2: Privacy Act Requirements

It is agreed that Official Personnel Folders (OPFs) and other personnel records will be maintained in
accordance with applicable law and regulation, including the Privacy Act of 1974. The Employer will
purge records in accordance with the standard.

Section 3: Supervisory Files

Managers or other representatives of the Employer may not maintain personal files on employees outside
of the OPF, unless the files are properly declared under the Privacy Act. In addition, any information or
documentation within the personal files which could have an adverse effect on an employee’s performance
appraisal must meet the criteria of Article 37 (Performance Management and Evaluation System).
Supervisors may retain copies of all actions affecting employees initiated in their offices (SF-52, Request
for Personnel Action; Quality Step Increase (QSI) nominations; etc.) or returned to their office for
informational purposes (SF-50, etc.).
Section 4: FMLA Records and Reports

1       The Employer shall maintain records on employees who take FMLA leave in compliance with 5
CFR Section 630.1211. These records include the employee’s rate of basic pay, the occupational series for
the employee’s position, dates FMLA leave is taken by eligible employees, and the number of hours of
leave taken by FMLA category to include paid leave and leave without pay during the twelve (12) month
period. This information shall be provided to the Office of Personnel Management as required and, when
an employee transfers to a different agency, to the gaining agency.
2       Records of any dispute between the Employer and an employee regarding the designation of leave
as FMLA leave must be kept until the dispute is resolved. This includes any written statements from the
Employer or employee relating to the reasons for the designation and/or dispute.

Section 5: Confidential Medical Records

Records and documents relating to medical certifications, recertifications, or medical histories of
employees or their family members, must be maintained in files or records, separate from their personnel
files. With certain exceptions, they are to be treated as confidential medical records.
                                             ARTICLE 39
                                    POSITION CLASSIFICATION

Section 1: General

The Employer shall apply the principle of equal pay for substantially equal work to all position
classification actions except as otherwise provided for by Office of Personnel Management (OPM)
regulations and law. The Employer shall apply the OPM Position Classification Standards in classifying
all positions.

Section 2: Position Description and Review

1       Each employee will be provided with an accurate description of his/her duties and responsibilities
in the form of a position description. To the extent practicable, all identical positions within the same
organizational unit will be covered by the same position description.
2       When appropriate, the position description will identify any special qualification requirements of
the position. When there are significant changes in the duties and responsibilities of the position, the
position description will be amended or rewritten to bring it to a current status within a reasonable period
of time.
3       Any employee who finds inaccuracies in his/her position description, or who is dissatisfied with the
classification of his/her position, shall have the right to discuss the problem with his/her supervisor and/or
with the position classification staff. An employee may appeal the classification of his/her position to the
Employer, or to OPM in accordance with law.

Section 3: Union Recommendations

The Union may make recommendations and present supporting evidence concerning the adequacy and
equity of a standardized position description. The Employer agrees to review the recommendations and
advise the Union of the result of its review.

Section 4: Changes in Duties and Responsibilties

The Employer shall inform the Union as soon as possible when significant changes will be made in the
duties and responsibilities of positions held by employees in the unit due to reorganization; when changes
in position classification standards result in classifications changes; or when changes will be made in
position classification standards which will result in classification changes. The Employer further agrees to
notify the Union as soon as possible of proposed classification standards for jobs in the Agency’s
bargaining unit when OPM initially refers proposals to the Employer for comment.
Section 5: Timeframe for Classification of Duties

1       The Employer shall classify a set of duties which an employee is permanently assigned to perform
within thirty (30) calendar days of the beginning of the assignment.
2       An employee will not be involuntarily detailed to an unclassified set of duties for more than thirty
(30) days. If the position has not been properly classified at the end of the thirty (30) day period, the
employee will be given the opportunity to remain in the unclassified position voluntarily or will be
returned to his/her position of record. In any case, the Employer will not detail an employee or employees
to unclassified duties in order to avoid compensating them through a temporary promotion. Generally,
except in emergency circumstances, the Employer will classify the position at the end of sixty (60) days
after any employee has been assigned to the set of duties. In any event, the position will be classified at the
end of ninety (90) days.

Section 6: Duties During a Classification Appeal

The Employer shall not reassign work during a classification appeal in order to avoid
reclassification.
                                               ARTICLE 40

                            PRO BONO AND VOLUNTEER SERVICES


Unpaid Legal Opportunities

Section 1.

Employees are encouraged to seek volunteer and pro bono legal opportunities that can be accomplished
outside their scheduled working hours. However, pro bono legal or volunteer activities may sometimes
occur during work hours. Supervisors are urged to be flexible and to accommodate where feasible, the
efforts of their employees to do pro bono legal or volunteer work by granting leave if workload so permits.
Employees seeking to participate in pro bono legal or volunteer activities during work hours may be
granted leave without pay or annual leave or, in exceptional circumstances (where the work is in an area
related to the employee’s work and engaging in the activity would enhance the employee’s value to the
Corporation), administrative leave.

Section 2.

When considering employee requests for leave to engage in pro bono or volunteer activities,
supervisors should give due attention to the effect of the employee’s absence on office operations.

Section 3.

The decision to grant an employee’s request to engage in pro bono legal or volunteer activities during
hours of work may not be affected by a supervisor’s personal views regarding the substance of the pro
bono activity.
                                               ARTICLE 41

                                         PROFESSIONAL FEES


Required Membership and Participation in Professional Organizations

The Employer will pay for membership dues in professional associations whenever an employee is
required to join such an organization by an appropriate level of management in connection with the
performance of his or her official duties. Such memberships shall be in the name of the Agency for the
employee. The Employer will pay the expenses of employees for attendance at professional meetings, as
allowed by law, consistent with budget limitations and accounting and training regulations and in
accordance with the policies of the Training Article (Article 49), provided these expenses have been
approved in advance by an appropriate level of management.
                                               ARTICLE 42

                                          PROFESSIONALISM
Professional Ethics

Whenever an employee believes that a revision to his/her work product is contrary to published Agency
regulations, law or government-wide regulations, or is unethical, the employee may refuse to sign or initial
the work product. If an employee disagrees with a revision to his/her work product that is contrary to
his/her professional judgment or expert opinion, the employee may state such disagreement in a separate
written document. The Employer will acknowledge receipt of such statement and will provide the
employee a copy upon receipt.

                                               ARTICLE 43

                                           REASSIGNMENTS


Section 1: Definition

A reassignment, for purposes of this Article, means the permanent noncompetitive movement of an
employee from one position to another with the same grade and promotion potential.

Section 2: Purpose of Reassignment

1.     The Employer may reassign employees for purposes that will promote the efficiency of the
       Employer’s operation, for such reasons as to assure the better utilization of employee skills or
       abilities, to make the best use of current staff, to provide employees with opportunities to broaden
       their qualifications and experience for the ultimate benefit of the organization and to respond to
       staffing imbalances. Additionally, the reassignments may be made in response to an employee
       request. Requests for reassignment shall be granted if the reassignment will promote the efficiency
       of the organization. In addition, the Employer will make a concerted and timely effort, within merit
       promotion principles, to consider employee requests for reassignment based on the following:

A.     Facilitating the utilization of employee skills and interests;

       B.      Eliminating or relieving a hardship of a job-related or personal situation; and/or;

C.     Improving opportunities or morale.

1       When a reassignment is determined, the Employer will notify the employee, in writing, or the
details of the new assignment, at least, seven (7) days in advance of the reassignment. Employees who feel
a hardship will be caused by the reassignment will be granted a prompt meeting, prior to the reassignment,
with the responsible PBGC official for the purpose of explaining the particular circumstances faced. The
employee may be accompanied to the meeting by his/her steward. The official will consider the facts
presented by the employee and will attempt to resolve the employee’s concerns.
2       An employee assigned to a different position will be given a reasonable training and on-the-job
acclimation period, if appropriate, during which to become proficient. If the employee fails to attain
satisfactory performance, the Employer will consider whether the employee should be further reassigned at
the same grade level.

Section 3: Prohibition of Use of Reassignments for Discipline

Reassignments between positions or between work units will not be used in lieu of discipline except as
otherwise provided for in this Agreement.

Section 4: Involuntary Reassignments to Correct Staffing Imbalances

When the Employer determines that an involuntary reassignment of an employee is necessary to correct
staffing imbalances, the Employer will canvass qualified employees for volunteers. If there are
insufficient volunteers, the Employer will use the following procedures:

1     The Employer will identify those positions, as opposed to employees, in which there are an excess
number of employees, i.e., a staffing imbalance.
2     The Employer will then identify within this group three (3) employees with the least length of
PBGC service who are qualified to fill the vacant position; and,
3     From the group mentioned in Section 4.2., The Employer will select someone to fill the vacancy.

Section 5: Priority for Reestablished Job

Where an employee has been reassigned due to abolition of his/her position, he/she will be given priority
consideration if the Employer reestablishes that position within one (1) year, and the employee applies for
the position within seven (7) days after being personally notified in writing that the position is about to be
reestablished.

Section 6: Voluntary Exchange of Assignment

Employees occupying the same classification and grade who work for the same immediate supervisor
may request that their supervisor approve an exchange in a particular assignment or task. Consistent with
management’s right to assign work, the supervisor may authorize this exchange at his/her sole
discretion. The supervisor will respond to the request within fourteen
(14) days. If the supervisor denies the request, he/she will advise the employees of the basis for the
decision orally or in writing. The supervisor’s decision is not grievable.
                                               ARTICLE 44

                                       REDUCTION-IN-FORCE

Section 1: General
1         Where the reasons for and likely impact of a reduction-in-force (RIF) indicate it is appropriate to do
so, i.e., where employees will be separated or furloughed in a reduction-in-force, and those affected can be
retrained or reassigned without preventing the agency from accomplishing its mission, the Employer shall,
prior to conducting a reduction-in-force, conduct a cost study to determine whether instituting a furlough
or retraining program for affected employees would be more cost effective than conducting a RIF. Before
initiation, the Union shall be consulted as to methodology. Within three (3) workdays of the completion of
this study, a copy will be provided to the Union and the Union shall be given an opportunity to provide
comments, at least, thirty (30) days before the RIF is announced.
2         The Employer will ensure that prior to and during the RIF employees will not be coerced or
intimidated, directly or indirectly, into resigning or retiring.

Section 2: Notice to Union

1.     The Employer agrees to give the Union, at least, thirty (30) calendar days advance written
       notification prior to the issuance of reduction-in-force notices to employees and hold a
       clarification meeting if requested by the Union. The written information to be furnished to the
       Union shall include:

A.     The reason for the action to be taken;

       B.      The approximate number of employees who may be affected initially;

       C.      The types of positions anticipated to be affected initially; and,

D.     The anticipated effective date that action will be taken.

2.     At least fifteen (15) workdays before the issuance of RIF notices, employees in the competitive
       areas to be affected shall be notified of their right to submit a current resume, OF-612, or an SF-171
       which would be utilized in any subsequent RIF determinations.

Section 3: Notice to Employee

1       Notice to employees will contain the information required by Office of Personnel Management
regulations.
2       At the time notices are issued, employees will be informed as to how and where they may examine
retention registers and other records related to the action, and that they may be granted up to eight (8)
hours of administrative leave to review and analyze records related to the action or other information or
confer with their designated representative and how and where they may get information as to which job
series and position(s) in the competitive area they qualify for.
3       The Employer will insure that its actions in a reduction-in-force are done in a fair, equitable,
uniform and consistent manner.
4       Career and career conditional employees affected by a reduction-in-force or transfer of function
will be given written advance notice of at least, sixty (60) days before the effective date of the release
unless there are good management reasons for providing a lesser notice period. The saving in salaries shall
not in and of itself be considered a good management reason for giving less than sixty (60) days notice.
The notice period may not be less than thirty (30) days. Notice of up to one hundred and eighty (180) days
may be given if the Employer determines that the additional time will protect employee’s rights or avoid
administrative hardship, if OPM approves. The Employer will request OPM approval if it determines the
foregoing conditions exist.

Section 4: Further Notice to Union

The Union will be provided a copy of any certified retention registers, any updates, and any
qualification determinations upon which the Employer based its action(s) in the RIF.

Section 5: Allegations of Improper RIF Notice

1       Any employee who receives a RIF notice, and who believes that the RIF action is improper based
on any of the grounds specified in paragraph 20.1.A. of PBGC Directive PM 05-7, may request any
information the Union would be entitled to under 5 U.S.C. Section 711.b.4 that is relevant to any of the
above grounds (including all relevant information described in Sections 3.1 and 3.2 of this Article) no later
than five (5) workdays after receipt of the specific RIF notice. The Employer will make a good faith effort
to provide all such information to the employee within five (5) workdays after the Employer’s receipt of
the employee’s request. If the Employer, notwithstanding its good efforts, is unable to provide all such
information to the employee within five (5) workdays after the Employer’s receipt of the request, the
Employer will so notify the employee, and will provide the employee, together with that notice, such
information as the Employer is able to provide at that time.
2       The employee may notify the Human Resources Department of his/her belief that the RIF action is
improper based on any of the grounds specified in paragraph 20.1.A. of PBGC Directive PM 05-7 orally or
in writing, no later than fifteen (15) workdays after receipt of the specific RIF notice. The Union shall be
advised of the employee’s concerns by notice to the Local President and the Chief Steward and the Union
shall be given an opportunity

       to respond and to attend any meetings between the employee and the Human Resources
       Department.

1       The Human Resources Department will: (1) Review the employee’s notice that the RIF action is
improper and the Union’s response; (2) Make any corrections deemed appropriate by the Human
Resources Department; (3) Advise the employee in writing of its decision (which shall contain a brief
explanation of the Human Resources Department’s conclusion as to each of the grounds specified in
paragraph 20.1.A of PBGC Directive PM 05-7 that the employee has raised); and (4) Provide the employee
and the Union copies of documents on which the responses were based.
2       Following the procedures in this Section 5 does not affect the right of employees to grieve RIF
actions affecting them.
3       A RIF notice issued to an employee shall not take effect until the Employer issues its decision or
until the date specified in the RIF notice, whichever is later.

Section 6: Reassignments and Promotions While a RIF is Occurring

After a RIF has been formally approved and until the RIF is effected or canceled, reassignments and
competitive promotions within the bargaining unit for which employees identified for separation or
change to lower grade qualify will be frozen.

Section 7: Placement of Employees in RIF
During a RIF, the Employer will take all reasonable steps to place employees reached for release from their
competitive levels in other vacant positions which the Employer decides to fill for which they qualify via
lateral reassignment. In that regard, and in regard to satisfaction of an employee’s assignment rights, the
Employer agrees to waive non-mandatory qualifications to the maximum extent feasible and reasonable to
facilitate placement of the affected employees at the same or lower grade. The Employer will take into
account the need to accomplish the mission of the agency in the most efficient manner and to ensure the
ability of the employee to perform in the position. The Union shall be advised of all determinations
regarding whether a waiver is granted or not. Nothing in this Section restricts the Employer’s right to fill
vacancies from all appropriate sources.

Section 8: Ties and Retention

When two (2) or more employees are tied in retention standing, i.e., two (2) or more employees in the
same subgroup have the same service computation dates and one (1) or more but not all of the employees
must be released, the Employer shall break the tie on the basis of:

1      Length of service in the PBGC, and if a tie remains;
2      Time in grade, and if a tie remains;
3      A consideration of work experience and quality of performance. Section 9: Grade and Pay
Retention Employees reduced in grade will be entitled to grade and/or pay retention as authorized by law


and regulations. Section 10: Further Listings to Union Once the specific notice is used, every fifteen (15)

days for the duration of the RIF, the
Employer will provide the Union with listings of all abolished and affected positions; the names, grade and
title of affected employees; the date of the actions; and listings of the job offers made to affected
employees.

Section 11: Treatment of Separated Employees

1.     Employees who are identified for separation or change to a lower grade shall be entitled to
       reasonable and responsible use of the following facilities and/or services for the purpose of
       locating suitable employment:

A.     Local telephone;

       B.      Reproduction equipment; and

C.     Pouch mail.

2.     Employees who are identified for separation or change to a lower grade shall be entitled to
       reasonable time while, otherwise, in a duty status without charge to leave for:

A.     Preparing, revising and reproducing job resumes and/or job application forms;

B.     Participating in employment interviews; and,
       C. Using the telephone for local calls to locate available employment. Section 12:

Vacancy Announcements

1       The Human Resources Department shall maintain copies of vacancy announcements provided by
other federal agencies as well as a copy of Federal Career Opportunities. Employees identified for
separation or change to lower grade will be given priority access to such materials.
2       Where it is likely that the RIF actions will result in employees being separated, the Employer will
establish a positive placement assistance program tailored to the particular circumstances, numbers, and
types of employees affected, and available job opportunities in order to minimize the adverse impact on
employees affected by the RIF.
3       For employees who cannot be placed within the Agency, the placement assistance program will
include counseling on job search techniques, interview skills and resume writing.

Section 13: Back Pay Act

1       When a final determination is made consistent with the provisions of the Back Pay Act or the
implementing regulations that an action taken under a RIF was unjustified or unwarranted the Employer
will take such remedial action as ordered by an appropriate authority as soon as practicable.
2       Where appropriate, the restoration of an employee to his/her former grade or to an intermediate
grade, shall be retroactive to the date of the improper action.

Section 14: Early Retirement Authority

When the OPM requirements for early retirement authority requests are met, the Employer agrees to
request the Office of Personnel Management to allow employees to exercise the option of electing early
retirement as provided for by law and regulation.

Section 15: Unemployment Compensation

1       When there are separated or furloughed employees, the Employer will provide all such employees
with available information concerning unemployment compensation along with RIF procedures in an
orientation session during the notice period.
2       The Employer shall also give information to all employees who are to be separated by RIF of their
rights to be registered in the OPM Displaced Employee Program and the PBGC Reemployment Priority
Program.
3       Upon request, the Employer will give individual consultation to any separated employee on all of
the above.

Section 16: Severance Pay

The Employer will provide each employee separated as a result of the RIF with the maximum
allowable severance pay to which that individual is entitled by law.
Section 17: Compliance

The Employer will comply with the provisions of the Office of Personnel Management
regulations in conducting a reduction-in-force.

Section 18: Offers of Other Assignments

1.     An employee is entitled to an offer of a position commensurate with his/her assignment rights, if
       any, as stated in 5 C.F.R. 351. An employee is entitled to no further offer of assignment when:

       A.      He/she accepts or rejects an offer; or,

       B.      He/she fails to reply to an offer within the stated time limit. The reply period must be
               reasonable for the circumstances and will normally be not less than ten (10) working days
               after receipt of the specific notice by the employee.

1       In rejecting an offer, an employee may indicate second and third choices of alternate positions for
which he/she is, otherwise, qualified. The Employer will consider these and will offer them whenever
feasible, reasonable, and in compliance with applicable regulations. The provisions of this section shall not
require the Employer to withdraw an offer already made in order to satisfy another employee’s preference.
2       When an employee has been involuntarily reassigned to a position of equal grade outside his/her
competitive level without personal cause through a RIF action and his/her prior position becomes vacant
and the Employer decides to refill it, he/she will, upon request, be considered for the position subsequent to
any employee eligible for consideration under Section 23 and before another other candidates are referred
to the selecting official. The above shall apply only if, as of the date a decision is made to refill the
position, the individual is employed by the Employer and has not been reassigned to a position within
his/her previous competitive level.
3       The sex of an employee may not be considered in determining whether an employee is qualified for
a position, except for a position for which OPM has determined certification of eligibles by sex is justified.
4       Except when otherwise required by OPM regulations, an employee who is released from a
competitive level during a leave of absences because of a compensable injury may not be denied an
assignment right solely because the employee is not physically qualified for the duties of the position if the
physical disqualification resulted from the compensable injury.
5       Except when otherwise required by OPM regulations, the Employer may not satisfy the assignment
rights of an employee who is other than full-time by involuntarily assigning him/her to a full-time position
or vice-versa.

Section 19: Part-time Status

1       When the Employer proposes to carry out a RIF through the issuance of a general notice and more
then five (5) employees in a branch will be separated or furloughed, the Employer shall poll those
employees in the affected organization to determine which employees would desire to convert to
permanent part-time status according to 5 U.S.C. Section 3504. The results of this poll shall be provided to
the Union.
2       Prior to implementation of a RIF, the Employer will take all reasonable steps necessary to convert
those employees expressing a desire under 5 U.S.C. Chapter 34, to the extent the Employer determines to
fill vacant positions with permanent part-time employees, to convert to permanent part-time status in lieu
of separation. The Parties recognize the value of minimizing the adverse impact of a RIF through
conversion to permanent part-time status.
Section 20: Bump and Retreat

If management applies bump and retreat procedures to non-bargaining unit excepted service
employees, it will extend bump and retreat rights to bargaining unit excepted employees.

Section 21: Temp Employees During a RIF

Except when otherwise required by OPM regulations, the Employer will not release a competing employee
from a competitive level while retaining in that level an employee with the following:

1      A specifically limited temporary appointment; or
2      A specifically limited temporary or term promotion.

Section 22: Order of Release

Except when otherwise required by OPM regulations, the Employer will, when it abolishes all positions in
a competitive area within three (3) months, release employees in subgroup order and within a subgroup, in
the order of their service computation dates. Ties shall be broke as provided for in Section 8 (Ties and
Retention).

Section 23: Refilling Positions

Where an employee retreats or is bumped to a lower grade position and his/her position becomes vacant
and the Employer decides to refill the position, the employee, upon request, will be considered for the
position before any other candidates are referred to the selecting official. The above shall apply only if, as
of the date a decision is made to refill the position, the individual is employed by the Employer and has not
been re-promoted to the grade level from which he/she retreated or was bumped.
                                               ARTICLE 45

                                             RETIREMENT


Section 1: Retirement Planning Seminars

The Employer agrees that employees who are eligible within five (5) years shall be given an opportunity
to voluntarily participate in an available retirement planning seminar not to exceed forty (40) hours of
official time. The Employer will pay for any seminars it approves. Eligible employees will be given an
annual notice as to this opportunity and where they may review information on available seminars.
Inquiries concerning this opportunity will be treated as confidential.

Section 2: Retirement Right Upon Separation

Upon request, each employee who separates voluntarily or involuntarily except by retirement will be
informed as to his/her rights under the retirement system in which he/she participates. This shall include
information regarding eligibility for disability retirement, discontinued service annuity and deferred
annuity. The separation clearance form will specifically include an item on retirement information.
Section 3: Withdrawing Resignation or Retirement Application

An employee may withdraw a resignation or retirement application at any time prior to its effective
date, provided: (1) The withdrawal is communicated in writing to the Employer; (2) The Employer has
not made a commitment to fill the position of the retiring or resigning employee to any specific person;
or (3) The Employer has valid reasons in accordance with applicable case law to deny the employee’s
request to withdraw. The reasons shall be communicated to the employee in writing in accordance with
applicable regulations.
                                               ARTICLE 46

                                SECURITY AND SAFETY MEASURES


Section 1: Employer’s Responsibility for Security and Safety

1      The Employer is responsible for providing Security to protect the health, safety, security and
welfare of all its employees. The Employer will provide and maintain safety and security in the workplace.
The Union will cooperate to that end and will encourage all employees to work in a safe manner reporting
breaches in security to the Employer and to the Union.
2      The Employer shall welcome at any time suggestions that offer practical and economically feasible
ways of improving security at 1200 and 1275 K Streets.
3      The Employer will advise employees whenever it learns of a significant crime or security incident
at 1200 or 1275 K Streets.

Section 2: Security Personnel

The Employer shall request that the Landlord retain security personnel at 1200 K Street. Additionally,
the Employer will ask the landlord to have security patrol the halls and corridors on a periodic basis and
report security breaches and broken lights to the property manager. A copy of any filed report shall be
provided to the Employer.

Section 3: Security Provisions for Employees Who Work After Dark

1       Security will be available after dark to escort employees to cars parked in the garage at 1200 K
Streets as well as to areas adjacent to the building.
2       The Employer will inform all employees of available volunteer escort services. In the event that an
employee is unable to obtain an escort through the volunteer service, the Employer shall pay reasonable
taxi fares between 1200 K Street and the nearest metro station. This option is only available outside of an
employee’s normal working hours.
3       The Employer will pay reasonable taxi fares for travel between office and home when authorized
by a division manager or a higher authority when the following conditions are met:

A.     The employee is required to work after his/her normal departure time;

       B.      The employee is leaving the office at or after dark;

       C.      The employee is dependent on public transportation (including carpools); and,
            D. The employee has notified the official requiring the work of the need for taxi are
               and approximate amount.

Section 4: Office Locks

               The Employer shall provide locks for the office doors of the Union President and two (2)
additional Union officers, designated by the President.
                                               ARTICLE 47

                                      SPECIAL SALARY RATES


Recruitment and Retention

Within one hundred and eighty (180) days after the effective date of this Agreement, the Employer will
evaluate its recruitment and retention needs for all Agency positions. If, in its sole discretion, the Employer
determines that recruitment and/or retention problems exist for one (1) or more of these positions, such that
the Head of the Agency can certify, in accordance with 5
C.F.R.7 Section 530.303(d), to the Office of Personnel Management that “special salary rates are
considered necessary to ensure staffing adequate to the accomplishment of the Agency’s mission,” the
Employer will submit a request to the Office of Personnel Management for special salary rates for the
applicable positions. Before submitting the request, the Employer will provide the Union with background
information, supporting documents, and an opportunity to comment on the request.
                                               ARTICLE 48

                                     TEMPORARY LIGHT DUTY


Inability to Perform Assigned Tasks

Employees who are temporarily unable to do their regularly assigned tasks will be given light duty
assignments where practicable so as to avoid losing compensation. Normally, the period of light duty will
not exceed three (3) months. Employees will provide a medical certificate stating the nature of the
disability, its anticipated length, and the types of tasks the employee should not perform.
                                               ARTICLE 49

                                 TRAINING AND DEVELOPMENT


Section 1: Training Policy

The training and development of employees is a matter of significant importance to fulfilling the mission
of the Employer. The Employer and the Union will encourage employees to take advantage of training and
educational opportunities that enhance work efficiency and provide needed skills for advancement.

Section 2: Necessary Job Training
1        The Employer agrees to make available to all employees training the Employer deems necessary
for the performance of the employees’ presently assigned duties and for those employees in career ladder
positions, to enable employees to advance in their existing career ladders. Where an employee is
reassigned from one unit position to another or placed in a new job, the Employer will determine and
provide, with input from the employee, the appropriate training necessary for the employee to perform the
duties of the new position.
2        Recognizing that there may be reorganization, technological changes, reductions-in-force or other
actions that could have an impact on career development or job security, the Employer will make every
effort to provide training which would allow employees to move into existing or projected vacancies,
consistent with budget and staffing restrictions and merit promotion requirements.

Section 3: Providing Information on Training to Employees

1       The Employer will notify all employees of upcoming training opportunities and programs. This
information will be updated electronically and be available through departmental Training Liaison Officers
(TLOs) and Training Institute Personnel. The Employer is committed to making this information available
to all employees at their desktops. The Employer will also maintain course catalogues in the Training
Institute for employees to review.
2       The Employer shall maintain for each employee an up-to-date listing of all courses the employee
has taken by date. Employees may request a copy of their report from their TLO who will provide it within
two (2) workdays.

Section 4: Training Priorities

1.     The Employer will allocate training opportunities to employees in accordance with the
       following priorities:

       A.      Priority 1 – Mandatory training the Employer deems necessary for the performance of
               the employee’s presently assigned duties and, for those employees in career ladder
               positions, to enable employees to advance in their existing career ladders.

       B.      Priority 2 – Training falling into the following categories unless funds, major workload
               disruption, training schedules, or other good management reasons do not permit:

1      Training related to fulfillment of standard and special skills and knowledge necessary to maximize
performance in the present position, including courses which update or supplement previous training taken
by employees; and,
2      Training related to the fulfillment of standard and special skills and knowledge necessary to
maximize performance in target PBGC positions which are part of a formal upward mobility program.

       C.      Priority 3 – Training that enhances the overall performance of employees or provides
               helpful background information or enables employees in positions at the GS-8 level or
               below to qualify for higher graded positions.

2.     When the Employer approves training, it will fund the training and allow the employee to attend on
       duty time if the training occurs during the employee’s normal work day.
Section 5: Tuition and Outside Training Costs and Reimbursement

1        Employees should submit a training request form applying for tuition and/or registration fees to the
Training Institute at least fifteen (15) days before the registration deadline or course start date, whichever
is earlier. If an employee pays the tuition/registration with personal funds, he/she will not be reimbursed.
2        Employees who do not satisfactorily complete training that is conducted outside of PBGC’s offices
will reimburse the Employer for all tuition and related expenses incurred by the Employer for providing
such training to the employee. This reimbursement may be paid in mutually agreed-to installments. In
exceptional circumstances including, for example, severe illness or completed most course requirements,
the Employer may waive the reimbursement. Employees may apply to the Director of the Training Institute
in such circumstances.

Section 6: Selection for Training

1.     The Employer will use existing competitive procedures to select employees for the Upward
       Mobility Program and Career Advancement Program. Consistent with the Employer’s right to
       assign work and Merit System Principles (5 C.F.R. Section 2301.b.1), the Employer will use the
       following criteria for the fair and equitable selection and assignment of employees to select the
       employees for all other training:

       A.      The employee’s demonstrated need for training.

       B.      The relative extent to which an employee’s knowledge, skill, abilities, or
               performance are likely to be improved by training (such as using the new
               knowledge to solve problems).

       C.      The employee’s ability to pass on information to others, such that the employee could
               train others upon his/her return to the job.

       D.      The employee’s stated intent to remain at the Agency long enough to use the training in a
               way that will enhance the Agency’s ability to accomplish its mission and reach its
               performance goals.

       E.      The employee’s own interest in improving his/her performance, by applying for training
               after posting of the training announcement.

2.     The Employer will follow merit promotion procedure under Article 32 (Merit Promotions),
       when selecting employees for training that permits non-competitive promotion after
       successful completion of the training.

Section 7: Career Counseling

1      The Employer will make qualified personnel available to counsel employees about training
opportunities to enable them to perform successfully and to enhance their performance and career
progression.
2      The Employer will identify positions (such as Program Assistants, Secretaries and Legal
Technicians) primarily at grades GS-9 and below that will serve as bridge positions to technical,
administrative and professional positions.

Section 8: Employee Career Development Plans

An employee may propose a Career Development Plan (CDP) which consists of a clear and specific plan
to help the employee develop his/her short range career goals (two (2) years or less) through such means as
developmental assignments, classroom training, on the job training, etc. The CDP is then reviewed by the
employee and the supervisor and finalized upon their mutual agreement. A CDP may be amended or
revised at any time in accordance with these procedures.
Section 9: Mandated Training

Before requiring attendance at mandated training such as Diversity and AIDS Awareness or Ethics, the
Employer shall provide the Union with information, at least, five (5) days in advance of the training,
including the purpose and why it is being required.

Section 10: Recommendations Regarding Training Opportunities

The President of the Union and/or the President’s designee, and the Program Manager, HRD, agree to
quarterly meetings, as necessary, to discuss training issues.
                                                ARTICLE 50

                                                TRAVEL
Section 1: Policy

1       The Employer will utilize GSA travel regulations to determine official travel authorizations and
payments. Employees will follow GSA travel regulations when traveling on official business to ensure
they are able to obtain the maximum authorized reimbursement.
2       Unless it is necessary, as opposed to merely convenient, employees will not be required to schedule
or arrange for travel outside of their standard workweek. When such travel results from an event that
cannot be scheduled or controlled administratively, such travel is hours of employment for pay purposes.

Section 2: Requirement for Government Credit Card

1      Employees who travel on official business more than four (4) times per year must obtain a
Government credit card in accordance with the Employer’s December 8, 1999 memorandum to all
employees (see Appendix F for a copy of this memorandum). They must use this card for all travel
expenses. Employees who obtain the card will not be entitled to travel advances other than by obtaining
cash advances using their Government credit card.
2      The Employer will forward to the employee any notice it receives from the credit card company
regarding non-payment by that employee.

Section 3: Travel Advances, Vouchers and Reimbursements

1      Employees who travel on official business four (4) or fewer times per year and have elected not to
have a Government credit card will be able to obtain travel advances in accordance with GSA regulations.
Normally, employees will request travel advances at least ten (10) days prior to traveling and these
advances will be issued as checks. In the unusual circumstance where the supervisor directs an employee
to travel with less than ten (10) days notice, cash advances for five hundred dollars ($500) or less are
available from the Payroll and Travel Office within one (1) week of the date of travel. Employees will
receive cash advances only if they have signed supervisory approval and no outstanding advances. If a
supervisor directs an employee to travel and the employee is unable to obtain a cash advance, the
Employer will fully assist the employee in paying for travel expenses by giving the employee all necessary
funds prior to departure for the travel by wiring the necessary funds to the employee or by pre-paying the
lodging expense with a corporate credit card. Otherwise, the Employer, in its discretion, may cancel the
trip.
2       All employees must submit travel claims using the Employer’s electronic travel management
system within five (5) working days after returning from travel. In the event that the electronic system is
unavailable, employees may receive both authorization and reimbursement for travel using hard copy
travel authorizations and vouchers.
3       Employees will be reimbursed for their expenses within thirty (30) days after they submit a valid
travel voucher. In accordance with GSA regulations, employees will receive a late payment fee for any
claims that are not reimbursed within thirty (30) days. The Employer shall send employees e-mail
confirmation when travel reimbursement amounts are sent to the Department of Treasury for transmission
to employee bank accounts, stating the “We’ve requested Treasury to deposit $________ in your account
for travel reimbursement.”
4       An employee who is assigned to training or duty away from his/her regularly assigned duty post,
and who elects to delay his/her return home beyond the end of that training or duty will be reimbursed for
travel as if he/she had returned at the close of the assignment.

Section 4: Travel Claim Disputes

When travel claims are denied or adjusted downward, the Employer will provide information upon
request as to the reason for denial or adjustment as well as the controlling policy or regulation.

Section 5: Overtime/Compensatory Time

Employees may accumulate overtime pay or compensatory time off while in a travel status in
accordance with Article 25, Section 9 (Travel /Training, Jury Duty Schedule Adjustments).

Section 6: Use of Private Vehicle for Official Travel

In no case may an employee be required to use his/her privately-owned vehicle in connection with official
business. If an employee elects to use his/her private vehicle for official travel, mileage reimbursement
shall be limited to the maximum mileage allowance set forth in the GSA Travel Regulations and shall not
exceed the cost of the authorized/preferred method when a traveler chooses for personal reasons to use a
privately-owned vehicle.

Section 7: Sick Leave While on Official Travel

Where an employee in a travel status becomes ill and is expected to remain so for any significant length of
time, the Employer will pick up all allowable expenses in connection with returning that employee to
his/her normal post of duty area as promptly as possible.
Section 8: Accessibility of Information
Employees may view GSA regulations on the PBGC intranet site which will include information as to
which management officials to contact regarding questions about the interpretations and applications of
those regulations.

Section 9: Travel Gainsharing

The Employer will maintain its existing travel gainsharing program. The Employer and the Union
will publicize the program and encourage employees to use it.
                                              ARTICLE 51


               UNION REPRESENTATIVES AND OFFICIAL TIME
                                AND
        MEETINGS BETWEEN UNION REPRESENTATIVES AND EMPLOYEES



Section 1: Union Representatives

1.     Recognition of Union Officers and Stewards:

       A.      The Employer shall recognize as Union representatives the duly elected officers of Local
               R3-77 and duly designated stewards. The Union may designate the organizational unit(s)
               (group, section, branch, division, department) for which a steward is responsible.

       B.      The Union will notify the Employer of the names of the officers and designated stewards.
               Notification regarding stewards shall be in writing to include electronic mail and, except in
               the case of emergencies, occur no later than one (1) workday prior to the effective date of
               the designation or change. In the case of emergencies, telephonic notice will be given in
               advance of any representational activity on the part of the designee.

       C.      Where a Union representative advises the Employer that he or she represents an employee
               in a personal capacity for a pending EEO complaint or a grievance, the Employer will
               communicate about that particular matter only with the Union representative whether it be
               in writing or orally. Nothing in this Agreement limits the Employer’s right to communicate
               directly with employees about performance issues or any other matter unrelated to a
               pending, specific EEO complaint or grievance.

          2.     Effect of Union Representation on Work:
          The Employer shall take into account the labor-management responsibilities of any Union
representative in assigning and evaluating their work. This is done in recognition of the fact that whatever
time a Union representative spends in joint labor-management business is as beneficial to the Employer as
it is to the Union and employees.
2         Other Union Representatives
       The Union may designate other representatives to carry out its duties under this Agreement, the
       Federal Service Labor Management Relations Statute and other laws. The Union shall not appoint
       an employee who is an EEO Counselor or Ethics Counselor to act as a steward or Union
       representative. The Employer shall not appoint an elected Union officer, a steward or a designated
       representative to be an EEO Counselor or Ethics Counselor.

4.     Use of Employer Equipment for Representational Purposes:

Employees and Union representatives will have access to the Employer’s telephone and e-mail systems to
                contact one another concerning matters governed by this Agreement.

Section 2: Union Time

1.     Policy:

       A.        Union representatives and supervisors will treat one another with common courtesy in
                 implementing their obligations under this Article. Union representatives will conduct
                 representational duties so as not to unnecessarily interrupt work operations.

       B.        Official time is paid duty time. It does not include time spent on Union matters after an
                 employee’s normal eight (8) or nine (9) hour day is complete. Union officials and stewards
                 are not entitled to overtime pay or compensatory time off in lieu of overtime for the time
                 they spend on Union matters.

2.     Official Time for Union Officers and Stewards:

       A.        Amounts – Union officers and stewards may utilize official time for matters relating to
                 the representation of the local or individual employees, for participation in joint labor-
                 management activities, and to prepare for management-initiated or union-initiated
                 bargaining (excluding mid-point and term bargaining) in the following amounts:

1       President (or designee) and one (1) additional representative designated by the President at the
beginning of each calendar year – nine hundred and four (904) regular working hours each calendar year.
2       Four (4) representatives designated by the President at the beginning of each calendar year – three
hundred and sixty-one (361) regular working hours each calendar year.
        3.     Stewards – The Union may designate up to twelve (12) stewards, six (6) of whom may
spend two hundred and seventy-one (271) regular working hours each calendar year and six (6) of whom
may spend up to one hundred and eighty-one (181) regular working hours each calendar year. The Union
will designate by name which stewards fall in the two hundred
        and seventy-one (271) hour category and which stewards fall in the one hundred and eighty-one
(181) hour category.
                                                                                              st
3       The Union will notify the Employer of the designations no later than December 31 of each year.

       B.        Intra-year Designations – When the Union appoints a new officer or steward or changes a
                 Union official’s designation, the newly appointed officer or steward or new designee will
                 receive a pro rata share of official time. A representative moving from one official position
                 to another, shall receive the amount of official time for the new position minus the greater
               of (1) Any time the representative used in his/her previous position, or (2) Any time used by
               the person vacating the position. A newly appointed representative shall receive the time
               remaining in the account for the vacated position. The Union shall not designate and re-
               designate officers and stewards in order to circumvent this provision.

       C.      Limitations – Union officers and stewards may not loan, borrow, or trade official time
               amongst themselves.

       D.      Exclusions – The following activities are excluded from the limitations described in Section
               2.A.1., 2; and 3 above (Official Time for Union and Stewards):

1       Negotiations between the Employer and the Union midway through the term of this Agreement or
for the purpose of renewing, extending, or modifying this Agreement. The Employer and the Union will
establish the amount of official time Union representatives may use for such negotiations in the ground
rules for those negotiations.
2       Negotiations over management-initiated or union-initiated bargaining.
3       Representing an employee at any statutory appeal proceeding in which the Union is representing an
employee pursuant to its obligations under relevant provisions of this Agreement, or regulations or law.
4       Representing an employee at or attending grievance meetings.
5       Representing an employee at disciplinary or adverse action replies.
6       Representing the Union against the Employer at any proceeding before a third party.

3.     Union Training:

       The Employer agrees to grant administrative leave to employees who are Union officials and/or
       representatives for the purpose of attending Union-sponsored training sessions, provided the
       training is of concern to the employees in their capacities as Union representatives, and of mutual
       benefit to the Employer and the Union. Administrative leave for this purpose will not exceed a
       total of two hundred and seventy-five (275) hours per calendar year for all Union representatives
       combined and no one Union representative may use more than forty (40) hours of administrative
       leave per calendar year for this purpose. Any request for administrative leave must be submitted in
       writing to the Employer’s labor relations official fourteen (14) calendar days in advance.

        4.      Official Time, Duty Status and Flexible Schedules:
        Official time under this Article and elsewhere in this Agreement will only be provided if the
employee(s) involved are, otherwise, in a duty status. Employee(s) who require official time on their 5/4/9
day off may change their day off within a pay period provided his/her supervisor agrees. The supervisor
may only deny such a request where granting it would cause a significant workload disruption.
        5.      Internal Union Business:
        The Union agrees that internal Union business such as soliciting membership, collecting dues,
electing officers, attending Union meetings not concerning representational matters and posting or
distributing Union literature pertaining to internal Union business will only be conducted during non-duty
hours of the employees involved.
2       Procedures for Use of Official Time:

       The following shall apply to the use of official time:
       A.     Union Representatives will coordinate their use of official time with their supervisors. The
              Union representative shall notify his/her supervisor in advance before taking time under
              these provisions. Notification will include the expected duration of official time and when
              the time used will begin, if not immediately. If the immediate supervisor is not available,
              the representative will notify the next higher ranking management official available within
              his/her department. Notifications will be in writing.

       B.     Supervisory permission will be granted except where the time would cause a significant
              workload disruption or the employee has no remaining official time to utilize in that year.

       C.     In the case of an emergency, or where the need to use official time is unexpected, or it is
              not feasible to notify the supervisor, the representative shall notify the supervisor as soon
              as practicable.

       D.     When the Union representative intends to enter any work area other than his/her own on
              official time under this Article, the representative shall, upon entering that work area, orally
              advise the supervisor of that work area of his/her presence, of the employee(s) to be
              contacted, and of the estimated duration. The supervisor of such work area may deny
              permission to enter only if the presence of the representative would create a significant
              workload disruption. Upon completion of the use of official time, the representative shall
              advise the supervisor of such work area of his/her departure.

       E.     At the end of the work day, or the beginning of the next one, representatives shall send an e-
              mail message to their supervisor noting the amount of official time used if it was different
              that what had been expected.

       F.     The provisions of this Article shall not bar Union representatives from using time as
              specifically designated elsewhere in this Agreement or when agreed to by the Parties.

7.     Recording, Reporting and Accounting for Official Time Used:

       A.     Union representatives shall complete the Official Time Reporting form on a quarterly basis
              and submit the forms to their supervisors for signature. The forms will be forwarded by the
              supervisors to the Human Resources Department on the fifteenth (15th) day following the
              end of each quarter. Negative reports may be submitted to the Human Resources
              Department via e-mail.

              See Appendix G – Official Time Reporting Form

       B.     The Parties agree to assist each other in resolving significant differences between the time
              reported by Union representatives and the amount of time recorded by their supervisors.

       C.     When requested by the Local Union President, not more often than quarterly, the Employer
              will provide the Union with copies of all official time reports for the current and preceding
              contract year not previously provided.

Section 3:    Meetings Between Employees and Union Representatives on Duty Time And
               Confidentiality of Representational Activity

Employees shall receive a reasonable amount of duty time for purposes of consulting or working with
either a Union representative authorized to use time under this Agreement or with a Union national
representative. Employees must receive supervisory approval to leave the work area before they leave to
meet with a Union representative. In obtaining supervisory approval, employees need only tell their
supervisors that they desire to meet with a Union representative about a personal matter. In these
circumstances, employees need not disclose to their supervisors the reasons for their desire to contact a
Union representative. Approval will be granted except where the time would cause a significant workload
disruption.

                                               ARTICLE 52

                                            UNION RIGHTS




Section 1: Rights as Exclusive Representative

The Union is free to exercise all of the right afforded to it as the exclusive representative of PBGC’s
bargaining-unit employees under law.

Section 2: Formal Discussions

1       The Union has the right to be present at any formal discussion between one (1) or more
representatives of the Employer and one (1) or more employees or their representatives concerning any
grievance or any personnel policy or practice or other general condition of employment. The Union may be
represented by up to three (3) representatives if the Employer has three (3) or more supervisors or
managers present at the meeting. If the Employer has less than three (3) supervisors or managers at the
meeting, the Union may bring up to two (2) representatives. The purpose of these meetings is not to engage
in formal bargaining.
2       Unless prevented by a genuine emergency, the Employer will give the Union President and the
Union’s Executive Board, at least, three (3) workday’s advance notice of the meeting. Notice will be via e-
mail, certified to ensure receipt. In the event that a genuine emergency requires the Employer to give less
than three (3) workday’s notice, the Employer will hand deliver notice of the meeting to the Union
President or to, at least, one (1) member of the Union’s Executive Committee.
3       At those meetings where the Union has chosen to be represented, the attendance of the Union
representative will be openly acknowledged by the Employer at the start of those meetings. Furthermore,
the Employer will permit the Union representative to ask relevant questions during the meeting and to
present a statement towards the end of the meeting outlining the Union’s position concerning the issues.

                                                ARTICLE 53

                                   WAIVER OF OVERPAYMENT
Section 1: General

1.     When an employee receives an overpayment of pay and allowance, other than travel and
       transportation expenses and allowance and relocation expenses, or the Union receives an
       overpayment in dues, the obligation to repay such overpayment may be waived by the Employer
       under the following conditions:

       A.     The amount of the overpayment is not more than one thousand and five hundred dollars
              ($1,500);

       B.     There is no reason to believe that the overpayment is the result of misrepresentation, fraud,
              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. Good faith shall be determined in reference to
              pertinent Comptroller General’s decisions and regulations; and

       C.     The payment is not the subject of an exception by the Comptroller General in the account of
              the accountable office.

2.     The standard of arbitral review is whether the employee has met the above stated
       conditions necessary to receive a waiver of overpayment.

Section 2: Termination of Employment Before Repayment

If an employee terminates his/her employment with the Employer prior to the liquidation of any
overpayment that must be repaid, the Employer retains the right to satisfy any outstanding balance from
any funds due and owing the employee prior to the effective date of his/her separation in accordance with
applicable law and regulation.
                                                ARTICLE 54

                                  DURATION OF AGREEMENT


Section 1: Effective Date

This Agreement shall become effective on the date when the last of the following acts occur:

1     Both Parties sign the Agreement, members of NAGE Local R3-77 ratify the Agreement, and the
Agency Head approves the Agreement.
2     If the Agency Head does not inform the Union in writing that the Agreement is approved
                                           st


       or disapproved by the thirty-first (31 ) day after the date of execution, the Agreement hasbeen
       approved.

Section 2: Duration
This Agreement shall remain in full force and effect for three (3) years from its effective date.

Section 3: Renewal and Renegotiation

Either Party may request to renegotiate the Agreement by submitting written notice not more than one
hundred and twenty (120) days and not less than sixty (60) days prior to the expiration of the Agreement.
In the event that the Parties elect to renegotiate the Agreement, the current terms of the Agreement will
remain in effect until superseded by a new Agreement. In the event that neither Party submits notice to
renegotiate, the Agreement will automatically renew for one
(1) year periods, except for any provisions that are in conflict with law or government-wide
regulation.

Section 4: Savings Clause

1       If any provision of this Agreement is, subsequently declared by proper authority to be unlawful,
unenforceable, or not in accordance with applicable statutes or regulations, all other provisions of this
Agreement shall remain in full force and effect for the duration of the Agreement.
2       At either Party’s request, the Parties shall meet within thirty (30) days to negotiate over the areas
that are affected by any such declaration.

Section 5: Supplemental Agreement

The provision of any Supplemental Agreement or Understanding entered into at any level shall become a
valid part of this Agreement upon the effective date specified in the Agreement when such Agreement or
Understanding is signed by the President of NAGE Local R3-77 and a duly authorized representative of
the Employer. Supplemental Agreements or Understandings shall become a part of this Agreement and
shall be subject to the provisions for termination and reopening as provided for in this Article.
                                              SIGNATURES




             THIS AGREEMENT IS APPROVED AND EFFECTIVE FEBRUARY 19, 2006
PENSION BENEFIT GUARANTY NAGE LOCAL R3-77 CORPORATION
                               APPENDIX A

                       SPECIAL ACHIEVEMENTS AWARDS CRITERIA


The Special Achievement Awards program is intended to provide monetary recognition to eligible
individual employees or teams of employees for one time (1), non-recurring exceptional achievements or a
Special Performance Act that advances the Corporation’s mission, goals, or objectives. The Special
Achievement/Special Performance Act Awards Committee will evaluate nominations based upon the effort
expended; the quality of the work performed; the innovative nature of the project; the initiative and
independence that the nominee demonstrated (as appropriate) in designing and carrying out the project; the
duration of the project; and the contribution of the project to furthering the PBGC’s mission, goals and
objectives.

All nominations must include written responses to the following:

1      Describe the achievement that is the subject of the nomination;
2      Describe the nominee’s(s) specific efforts and contributions to the achievement – Include a
description of how the achievement exceeded the nominee’s(s) normal day-to-day job responsibilities. (For
team awards, each team member’s contributions must be detailed);
3      Describe how the achievement advanced the Corporation’s mission, goals, or objectives. For
example, did the achievement provide a specific and tangible improvement to customer service. Did the
achievement provide a measurable cost savings to the Corporation?
4      Approximately how much time did the nominee(s) devote to the achievement?

The amount awarded within each tier will depend upon the number of approved nominations during the
applicable call period. To the extent that total approved nominations exceed the total award dollars
allocated for the call, the awards will be prorated. All approved nominations within a tier will be awarded
the same dollar amount during a particular call period.
                                              APPENDIX D

                         FLEXIPLACE PROGRAM APPLICATION FORM

Name__________________________


Department/Division___________________


Occupation__________________________


Supervisor’s Name____________________


Employees may participate in the Flexiplace program provided:

1       Be a bargaining unit employee.
2       Work in one of the following occupations: Actuaries, Accountants, Attorneys, Analysts, Auditors,
Writers/Editors, Pension Law Specialists and other Specialists.
3       Have been with the Corporation for at least one year.
4       Have been in your PBGC occupation at least one year. (If all other criteria are met, this one may be
waived if your supervisor approves it.)
5       Have a current performance rating at least Fully Effective (or equivalent), and not be on a
Performance Improvement Plan.
6       Have not received disciplinary or adverse actions within the past six months. Disciplinary actions
are defined in Article 22 of the Collective Bargaining Agreement, and warning letters (such as leave abuse)
are defined in PBGC Directive PM 30-1, Section 2-b.
7       Be a full-time employee or work a part-time schedule of at least 32 hours per week.

I have read the information above and certify that I am in one of the participating occupations and meet
the requirements listed. I would like to participate in the Bargaining Unit Employee (BU) Flexiplace
Program.

I understand that if any of the requirements for participation in the BU Flexiplace program change for me,
I may be removed from participating in the program until I once again meet all the requirements, and then I
will need to reapply to the BU Flexiplace Program to be considered.




Signature                                           Date

								
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