Collective Agreement Between
Corps of Engineers,
United Power Trades
to be determined
per Article 28)
Agreement to CBA
dated 19 September, 2004
TABLE OF CONTENTS
1 Employees Covered by the Agreement…………………......1
2 Disciplinary and Adverse Action……………………………2
3 Dual Rate/Temporary Upgrade……………………………....4
4 Equal Employment Opportunity…………………………….5
5 Grievance and Arbitration Procedure……………………….5
6 Hours of Work………………………………………………13
7 Job Descriptions and Personnel Files……………………...17
8 Leave – Annual…………………………………………......18
9 Leave – Sick………………………………………………...21
10 Leave - Other Leave Provisions……………………………23
11 Merit Promotion and Placement Plan………………………24
12 New Employees……………………………………………..25
13 Official Facilities for Employees…………………………..25
14 Official Facilities for the Union……………………….……27
15 Official Time…………………………………………….…..29
16 Premium Pay…………………………………………….…..32
17 Performance Appraisals…………………………………….33
18 Reductions in Force………………………………………...34
19 Rights and Responsibilities of the Employees…………….35
20 Rights of the Agency…………………………………….….38
21 Rights of the Union…………………………………………39
22 Safety and Health…………………………………………...41
24 Union Officials and Project Representatives………………46
25 Voluntary Allotment of Union Membership Dues………..47
27 Past Practices………………………………………….…….49
28 Effective Date, Duration of the Agreement,
and Bargaining Ground Rules……………………………..…..49
Other Existing Agreements - Outside the CBA -
MOUs, MOAs, “Understandings”…………………………….54
Proposed New Articles………………………………….……..55
All italicized type represents Fact-Finder proposed new language.
All non-italicized type is current contract language
and recommended for renewal.
Language agreed to by the parties is so noted in the RH margin.
This collective agreement is between the U.S. Corps of Engineers, Northwestern
Division, hereinafter called the “Agency”, which is limited here to the Portland,
Seattle, and Walla Walla Districts, and the United Power Trades Organization,
hereinafter called the “Union”.
The Agency and the Union recognize that they have a common and sympathetic
interest in the power industry in the Pacific Northwest and that the promotion of
their common interests will be furthered and extended by the establishment and
maintenance of employee-management cooperation.
EMPLOYEES COVERED BY THE AGREEMENT
Pursuant to the Certification of Representation dated October 28, 1981 in Case No.
9-RO-71 issued by the Regional Director, Federal Labor Relations Authority, San
Francisco, California, and as amended on February 22, 1982 and June 19, 2002,
the Union is recognized as the exclusive representative of the bargaining unit
consisting of the Corps of Engineers’ non-supervisory operation and maintenance
employees, as defined by the Department of the Army, and are paid from the
Pacific Northwest Regional Power Rated Schedule within the Portland, Seattle and
Walla Walla Districts of the Division.
CURRENT ARTICLE 2 <– removed
(from “New” Article 2, all succeeding articles will be renumbered accordingly)
DISCIPLINARY AND ADVERSE ACTIONS
a. Disciplinary or adverse actions are written reprimand, suspension,
involuntary reduction in grade or pay, removal, or enforced leave.
b. Warnings, counselings or admonishments, on which the Agency wishes to
rely in supporting an action based on misconduct, must have been made in
writing and shown to the employee. The employee will initial any such
entry, signifying only that they have been shown it, not that they agree with
it. Entries of this nature will be deleted or obliterated from the file no later
than one (1) year after the date of the entry unless reversed earlier through a
grievance decision or unless made the basis for additional entries or
discipline within that time.
c. Disciplinary or adverse action will only be taken for just and sufficient
2.2 No employee will be subject to disciplinary or adverse action for refusing to
obey an unlawful order.
2.3 Prior to issuing a letter of reprimand or a notice of disciplinary action, the
Agency shall undertake any necessary preliminary inquiry a fair and objective
investigation to obtain pertinent facts relating to the situation. The inquiry
investigation may include a discussion with the affected employee and careful
consideration of any of the employee’s comments.
2.4 EMPLOYEE REPRESENTATIONAL RIGHTS
a. The Agency shall, at the time a proposed disciplinary or adverse action letter
is issued, inform the employee that they have representational rights, which
include the Union.
b. Employees, in preparing and presenting a reply to the proposed action, may
represent themselves or be represented by the Union or non-union
representative of their choosing.
c. Disciplinary or adverse actions are not grievable at the proposal stage. The
time for grieving such action begins from the date the employee receives the
d. After the decision has been issued, employees may represent themselves or
be represented by the Union in the grievance procedure.
e. If the affected employee elects to use the statutory appeal procedure, they
may designate the Union or other representative of their choice. If the
employee elects to be represented by the Union, copies of all subsequent
correspondence and documents addressed to the employee will be furnished
to the Union Representative.
2.5 The procedures for taking disciplinary or adverse action shall be as follows:
a. Except for written reprimands, The Agency shall prepare a proposed notice
stating specifically, and in necessary detail, the reason for the disciplinary or
b. The employee shall be given ten (10) calendar days (except when the “crime
provision” of 5 CFR 752 is invoked) to respond orally, in writing or both.
The employee may request an extension of this time for sufficient reason.
c. The Agency will issue a written decision, within a reasonable period of time,
after thoroughly considering the employee’s reply.
2.6 Bargaining unit members may voluntarily waive their grievance rights, under
the collective bargaining agreement, in exchange for reduced, deferred or “paper”
disciplinary actions or other alternative discipline, at the discretion of the Agency.
If the Agency proposes such a waiver, employees will be given the opportunity to
consult with a union representative, at their election, without prejudice to whatever
offer has been made (i.e., no employee will be required to agree immediately under
threat of withdrawal of the offer).
DUAL RATE – TEMPORARY UPGRADE
3.1 The parties recognize that there are positions within the bargaining unit that
require a dual rate classification. A dual rate position is a position in which both
primary and secondary classifications are involved. The position is called “dual
rate” so that the Agency is able to effect an expedited temporary promotion to the
secondary position. Dual rate pay will be in one (1) hour increments. All leave will
be paid at the primary rate unless the employee is dual rated to the secondary
classification for more than two (2) weeks. Such an employee may be paid leave at
the secondary rate, or the Agency may terminate the dual rate assignment, but in
no case will two (2) employees be paid at the secondary rate for the same
3.2 No employee, not presently dual rated, shall be assigned to a “dual rate”
position without having applied for that position. It is understood that this does not
prevent the Agency from assigning higher graded work to any employee. However,
the Agency agrees to give first consideration for assignment of higher graded work
to qualified “dual rate” employees before assigning such work to employees who
are not “dual rate”. Employees selected for the dual rate positions shall meet all
qualification requirements of both the primary and secondary classifications and
shall be selected in accordance with the applicable provisions of the Agency Merit
Promotion Plan. If there are any provisions of this Agreement which conflict with
that Plan, the Agreement will control.
3.3 Should any of the above conflict with or fail to address an issue covered by
Army or OPM regulations regarding dual rate, such Army or OPM regulations
3.4 TEMPORARY UPGRADE
It is recognized that the existence of the dual rate position does not prohibit the
Agency from using details and/or temporary promotions to fill interim vacancies. It
is also recognized that no vacancy need exist for the Agency to detail or
temporarily promote an employee. Pay for these periods will be in accordance with
current regulations. An employee, who is required to perform the duties of a
position classified at a higher grade for more than one (1) week, shall be
temporarily promoted to the higher grade starting at the beginning of the second
(2nd) week, provided they satisfy the qualification requirements for the position.
EQUAL EMPLOYMENT OPPORTUNITY
4.1 The Agency and the Union affirm their commitment to equal employment
opportunities for all employees and agree that discrimination on the basis of race,
color, religion, sex, national origin, age and handicapping conditions, as defined in
federal law, is prohibited, mental or physical disabilities, and reprisal, as defined in
appropriate laws and regulations, is prohibited.
4.2 Employees who wish to make a complaint of discrimination covered by one of
the categories listed above, must contact an EEO counselor within 45 days of the
discriminatory event or of their knowledge of the discriminatory event. The
Agency shall post, in prominent locations at each project, the name and phone
number of the EEO counselor office for that project.
4.3 The purpose of counseling is to attempt an informal resolution of the
complaint. If the attempt is not successful or if the employee wishes to pursue the
matter further after counseling, the employee may file a grievance at step 1 under
the grievance procedures of this labor contract or file a formal EEO complaint. The
step one grievance must be filed within 30 days of the initiation of this EEO
4.4 Employees who participate in the EEO process shall be free of interference,
restraint, or coercion for doing so. Complaints of reprisal may be raised with an
EEO counselor as well.
GRIEVANCE AND ARBITRATION PROCEDURE
5.1 PURPOSE AND DEFINITION OF GRIEVANCE
The purpose of this procedure is to provide for an orderly resolution of complaints
by either the Agency, the employees, or the Union. The grievance may be filed
over any matter grievable by law, except for matters specifically excluded from the
grievance procedure by this contract.
Questions of grievability or arbitrability may be referred to arbitration as a
threshold matter. if the parties mutually agree to do so. If mutual agreement is not
reached, either party may request that a question of grievability or arbitrability be
considered as a threshold matter by the arbitrator. A question of grievability or
arbitrability that is not raised in writing within ten (10) days prior to the arbitration
hearing will be considered waived for arbitration purposes.
5.2 TWO OR MORE EMPLOYEE GRIEVANCES
If two or more employees requesting representation by the Union have
substantially identical grievances and wish to pursue them under this Article, the
Union may file a group grievance for processing. The outcome of the grievance
will be binding on all concerned employees. When the provisions of this section
are to be invoked, the Union will give written notification to the Agency Labor
Relations Officer concurrent with the initiation of the formal grievance. Such
written notification will include the names of all grievants if known. together with
the name of the employee whose grievance will be pursued through the formal
process, Rather than include names, the Union may describe the grieving
employees by project, organization, series, grade or any other method so long as it
is clear to the Agency exactly which employees are included in the grievance.
5.3 UNION GRIEVANCES
The Union may file a Union grievance concerning its own institutional rights as a
Union. Such grievances will be processed according to the same procedures
applicable to individual grievances, except that there is no need to name individual
employees in the grievance.
5.4 PERSONAL GRIEVANCES
The Agency and the Union recognize that grievances are personal in nature and
that aggrieved employees have the right to present their own grievances. When the
District Operations Chief receives a written grievance filed without Union
representation, he/she will immediately inform the appropriate Union Vice
President giving the name of the grievant, Project and nature of the grievance.
5.5 INFORMAL GRIEVANCE RESOLUTION
The Agency and the Union endorse the principle of resolving grievances at the
lowest possible level. The Agency, the Union, and bargaining unit employees
should make reasonable efforts to resolve potential grievances prior to the filing of
a formal grievance. An attempt at informal resolution should be made with the
project representative and the immediate supervisor or the lowest level of
management capable of resolving the issue.
The parties can also attempt to reach an informal resolution at any stage of the
Attempts at informal resolution of grievances will not automatically extend the
time limits for filing grievances.
In any event, if a grievant feels that his/her relationship with the immediate
supervisor is such that the grievant cannot reasonably discuss the matter with their
first line supervisor, the grievant may discuss it with the next level of supervision.
In such a case, no retribution can be threatened nor taken by supervision because
the employee bypassed the “chain of command.”
5.6 EXCLUSIONS FROM THE GRIEVANCE PROCEDURE
The following are exclusions from the grievance procedure:
a. Any claimed violation relating to prohibited political activities; or
b. Retirement, life insurance or health insurance; or
c. Suspension or removal for national security reasons, Title 5 USC Section
d. Any examination, certification or appointment; or
e. The classification of any position which does not result in the reduction of
pay of any employee; or
f. Termination of probationary employees; or termination of temporary
g. A preliminary notice of an action which, if effected, would be covered under
this grievance procedure or be appealable under statutory procedures; or
h. Non-selection from a group of properly ranked and certified candidates,
unless a claim is raised that the non-selection was based on non-merit
i. Assignments to or from alternate work schedules; or
j. Mistakes in dues deduction withholding by DFAS.
5.7 GRIEVANCE/MSPB OPTIONS FOR CERTAIN AGENCY ACTIONS
Certain types of agency actions (e.g. removals, reductions in grade, suspension for
more than fourteen (14) days) may be filed as grievances or may be appealed to the
Merit Systems Protection Board (MSPB), but not both. Prior to filing a grievance
over such matters, appropriate guidance should be sought from a Union
5.8 TIME STIPULATIONS FOR GRIEVANCE STEPS
The parties recognize that settlement of the underlying grievance is of paramount
importance and that the procedural requirements set forth in this grievance
procedure are only to be instructive to the parties as to their respective
responsibilities. Other than for the initial submission requirement for a grievance
and for an arbitration submission, no time limit can be asserted so as to dispose of
a grievance unless the party asserting the timeliness serves on the other party a
“notice of intent to invoke the time limit”. The time limit will expire five (5) days
after “notice of intent” but not less than the time stipulated in the contract.
If the deadline for filing or for response set forth in this Article falls on a non-
workday then the deadline is extended to the following workday.
5.9 STEPS OF THE GRIEVANCE PROCEDURE
The grievance steps shall be as follows:
a. Step 1
(1) The grievant (either employee or Union) shall notify their
Operations Manager (OM) of their grievance within thirty (30)
calendar days of the grievant becoming aware of the problem. Where
a statute provides a longer period of time to file a claim than that
provided in this Article, the statutory period shall control.
This notification of the grievance will be in writing. The written presentation
of the grievance must contain the following information:
(a) The identity of the aggrieved employee and the work group in
which they are employed;
(b) The details of the grievance – the specific action or event being
(c) The article of the Agreement allegedly violated, if known;
(d) The corrective action desired;
(e) The name of the Union Representative, if any;
(f) A brief description of the discussion with between their first line
supervisor as to why they could not settle the disagreement.
(2) The Operations Manager (OM) shall have twenty (20) calendar
days after receipt of the grievance to adjust the grievance and shall
notify the grievant of their decision. This notification will be in
writing. If a grievant feels that his/her relationship with the immediate
supervisor is such that the grievant cannot reasonably discuss the
matter with their first line supervisor, the grievant may discuss it with
the next level of supervision.
b. Step 2
(1) If the grievant is not satisfied with the proposed adjustment by the
Operations Manager (OM), the grievant has twenty (20) calendar
days, after receipt of the OMʼs response, to submit the matter in
writing through the OM to the District Operations Chief. The initial
written grievance, as submitted to the OM, will be resubmitted with
an explanation of why the grievant was not satisfied with the OMʼs
proposed resolution for the grievance.
(2) The District Operations Chief will examine the grievance and if it
is found to be a matter within the exclusion of the negotiated
grievance procedure, he/she will so advise the aggrieved employee
and inform the grievant of the appropriate statutory grievance
procedure. Otherwise, he/she will attempt to resolve the grievance and
will give a copy of his written decision to the employee, the
employeeʼs representative and to the appropriate Union Vice
President within twenty (20) calendar days after receiving the
c. Step 3
(1) After receipt of the grievance decision, if either the grievant or the
Union is not satisfied with the decision of the District Operations
Chief, the written grievance may be submitted to the Senior
Operations Hydropower Team Leader Chief of Program Support
Division, Northwestern Agency, within ten (10) calendar days.
(2) When the Senior Operations Hydropower Team Leader Chief of
Program Support Division, Northwestern Agency, receives the
written grievance, he/she may will meet with the aggrieved employee
and a Union Official within ten (10) calendar days after receipt of the
grievance. The Senior Operations Hydropower Team Leader Chief of
Program Support Division, Northwestern Agency will give a written
decision to the aggrieved employee, the employeeʼs representative,
and the Union President within thirty (30) calendar days after
receiving the grievance.
d. Step 4
If this decision does not satisfy the Union, the Union may within
twenty (20) calendar days after receipt of the grievance decision,
submit a written request to the Agency Labor Relations Officer for
binding arbitration. Only the Agency or the Union may request
5.10 EXCEPTIONS TO THE STEPS OF THE GRIEVANCE
When it is mutually agreed by the parties that due to the formal nature of the
actions involved and the considerations already given to the grievantʼs position
prior to the initiation of a grievance, that it would serve no purpose to consider the
grievance at the first and/or the second steps, they may be waived and proceed
directly to the second and/or third step.
5.11 GRIEVANCE MEDIATION/ARBITRATION (MED/ARB)
By mutual agreement, grievances that have reached the step of submission to
arbitration may be processed through a med/arb procedure as follows:
A mutually agreed upon mediator/arbitrator shall be employed by the parties to
assist them in an attempt to resolve the grievance through mediated negotiations.
The time allotted for such negotiations will be agreed upon in advance of the
meeting. Should the parties fail to reach a negotiated settlement within the pre-
agreed upon time limit, the issue will be then referred to the mediator/arbitrator
for their decision. Should the parties fail to agree upon a statement of the issue to
be decided, the mediator/arbitrator shall frame the issue and proceed to issue their
decision within the agreed-upon time limit. As otherwise stated in the CBA, the
decision of the mediator/arbitrator shall be final and binding. Payment of the fees
and expenses of the mediator/arbitrator will be as provided in the arbitration
section of this agreement.
5.12 GRIEVABILITY/ARBITABILITY QUESTIONS
Questions of grievability or arbitrability may be referred to arbitration as a
threshold matter. if the parties mutually agree to do so. If mutual agreement is not
reached, either party may request that a question of grievability or arbitrability be
considered as a threshold matter by the arbitrator. A question of grievability or
arbitrability that is not raised in writing within ten (10) days prior to the arbitration
hearing fifteen (15) days following the submission to arbitration will be considered
waived for arbitration purposes.
5.13 ARBITRATOR SELECTION
After the invocation of arbitration, the grieving party shall submit to the Federal
Mediation and Conciliation Service (FMCS) a request for a list of seven (7)
Arbitrators. The parties shall confer within ten (10) days after receipt of the list to
select an Arbitrator. If they cannot mutually agree upon one of the listed
Arbitrators, the Agency and the Union will each alternatively strike one (1)
Arbitrator name from the list, with the Union striking first, until one (1) name
remains. The remaining person shall be declared the Arbitrator.
5.14 ARBITRATION PROCEDURE
The selected Arbitrator shall arrange a mutually satisfactory time to hear the
grievance at which time both parties shall appear and present testimony. The
Arbitrator will be in complete charge of the hearing.
The arbitration hearing will be held, if possible, at the grievant’s duty station
during regular day shift hours of the basic workweek, unless otherwise agreed.
The employee participants (i.e. grievant or grievants, Union Representative,
Arbitrator authorized witness(s) ) in the hearing will be in a duty and pay status but
participants will not be entitled to overtime.
No transcript of the hearing will be made at the expense of both parties unless
mutually agreed by the parties in advance of the hearing.
The Arbitrator shall rule on all exhibits and evidence offered while at the hearing.
Unless otherwise agreed by the parties, the Arbitrator shall furnish a complete
report and award in writing to the Agency and the Union within thirty (30)
calendar days following the close of the hearing or within thirty (30) calendar days
of the mailing of post-hearing briefs, if a party wishes to file a brief. The
Arbitratorʼs award shall be in writing and shall identify and discuss all issues
raised by the parties. The Arbitrator shall refrain from the lengthy repetition or
paraphrasing of the partyʼs briefs or arguments. The Arbitratorʼs fee shall be
reduced by ten percent (10%) for every day that the award is mailed later than the
date required in this Article.
Any dispute over the interpretation or application of the arbitratorʼs award shall be
returned to the arbitrator for settlement including remand of awards.
The Arbitratorʼs bill will be borne equally by both parties.
5.15 EXPEDITED ARBITRATION
After considering the complexity and importance of the issues involved, the parties
may mutually agree to submit any grievance to expedited arbitration as outlined
The Arbitrator selected for an expedited arbitration will be requested to convene a
hearing within thirty (30) days after selection. No hearing transcript will be
allowed and no post hearing briefs will be permitted. The Arbitrator may render
his or her award orally at the hearing, in which case the grieving party shall be
required to tape record and transcribe the award and provide a copy of the tape
and transcription to the other party. In the event of any disputes about the
transcript of the award, the nongrieving party can submit the question of the
accuracy of the transcript to the Arbitrator. Alternatively, the Arbitrator may
render a written award, but not later than ten (10) days after the date of the
The Arbitrator shall bear in mind that expedited arbitration should normally last
no more than a single day. The Arbitrator shall have full authority to limit the
parties in the presentation of evidence or witnesses.
The Arbitrators fee for expedited arbitration shall be borne equally by both
HOURS OF WORK
6.1 The Agency shall schedule work in accordance with 5 CFR Part 610. These
government-wide regulations contain definitions of a workweek and a tour of duty
and rules for the scheduling of work.
6.2 The parties recognize that due to the number and varying sizes of projects, it is
in their mutual interest to tailor hours of work and schedules to the needs at each
project. The partiesʼ interest is in maintaining flexibility to schedule hours of work
and tours of duty to satisfy mission needs and allowing employees to plan and
control their work schedules so as to minimize disruption and inconvenience to
their personal lives.
Employees’ normally scheduled days off shall remain unchanged unless otherwise
agreed-upon by the union or affected employee(s) or as otherwise permitted by
current statutory provisions.
6.3 Whenever conditions are such that work cannot be reasonably performed
during existing schedules, other schedules may be established by the Agency.
a. The Agency agrees to provide notice and an opportunity to negotiate, to the
extent required by law, when long-term changes in hours of work or tour of
duty are required. Changes lasting more than 90 days will be considered
b. The Agency agrees to give two weeks advance notice for changes in hours
of work or tours of duty ranging from 45 days to 90 days.
c. For short-term conditions, only that work which cannot be reasonably
performed on the standard day shift may be performed on non-standard
shifts. A minimum of twenty-four (24) hours advance notice shall be given
employees for all temporary changes in work hours, except in emergency
conditions. Less than 45 days is considered short-term.
6.4 The Agency shall establish or change tours of duty at least two (2) weeks in
advance and shall announce such changes in writing, except where otherwise
permitted by government wide regulation (5 CFR 610.121). However, employeesʼ
normally scheduled days off shall remain unchanged. It is in the intent of the
parties that this section will apply to all members of the bargaining unit.
Exceptions may be as follows:
a. When the schedule provides for more operators than necessary to cover the
shift, the extra operators will be designated as “lap operators”. These “lap
operators” hours of work, within the calendar day, will be subject to change
only upon twenty-four (24) hours’ notice in advance of the new reporting
b. Operators of the same grade may exchange shifts or tours of duty by mutual
agreements after receiving the approval of Agency.
c. Changes to provide for the attendance at training assignments and mutually
agreeable scheduled Union training as provided for in this
d. Agreement.Changes to provide for participation in negotiation sessions,
grievances or arbitration meetings.
6.5 Shift schedules will be established and/or changed at each project so as to
provide schedules that meet the needs of work operations and include the
expressed views of employees as nearly as possible consistent with Article 21 of
this Agreement and Title 5, USC, Section 7106. Schedules will provide coverage
of days and shifts, i.e., number and grade of employees on a particular day shift or
shifts as determined by Agency.
6.6 It is understood that each employee will be at their reporting station ready for
work at the scheduled starting time of each shift. It is also understood that the
movement of tools, toolboxes, workspace cleanup and equipment maintenance are
considered work assignments to be done while the employee is in a duty status.
Personal cleanup and changing clothes, by the conclusion of a shift, shall be
limited to the final five (5) minutes of the shift, or as otherwise agreed-upon at
each project. and shall be subordinate to the rights of the Agency as outlined in
Article 21.1a(2)(b.) of this Agreement.
It is understood that the donning and doffing of Personal Protective Equipment
(PPE) and related activities thereto will be accomplished on duty time as defined
and provided by agreement, statute, or regulation.
6.7 Compressed Work Schedule
a. On agreement between the Project Manager and the Project Representative
at each individual project, a 4-10 or 5-4-9 compressed work schedule may be
established in lieu of the standard workweek. Selection of either schedule
will be decided by a majority preference of the employees in a poll taken by
the project representative. However, prior to establishing the compressed
work schedule the Project Representative must have obtained the agreement
of seventy-five percent (75%) of the project bargaining unit employees. In
the event that less than seventy-five percent (75%) select the particular
compressed workweek schedule voted on, then the project representative can
seek approval of the other compressed workweek schedule. Start and stop
time and weekdays worked will be decided between Agency and the Project
Representative. The parties will negotiate to the extent required by law. All
project bargaining unit employees will work the same hours and days within
the same project except that Operators may select twelve (12) hours shifts as
described below. All project bargaining unit employees will work the same
hours and days within the same project except that Agency may assign
individual employees to other schedules, as necessary, and as noted in
paragraph c. below.
b. At any time, if Agency can demonstrate an adverse impact because of the
compressed work schedule, the Project Manager and the Project
Representative may negotiate a compressed work schedule different from
the work schedule which had previously been agreed to or to negotiate a
return to the standard 5-8ʼs workweek.
c. Personnel, who are normally subject to a rotating shift, shall be excluded
from the above provision. However, non-rotating operator shift schedules
changes may be implemented subject to a two-thirds (2/3) majority of the
d. Only power plant operators can select a 12-hour shift and must have
seventy-five percent (75%) agreement of the affected employees. In the
event that less than seventy-five percent (75%) selected the particular
compressed work schedule voted on, then the Project Representative can
seek approval of the other compressed work week schedule. Start and stop
time and weekdays worked will be decided between the Project Manager
and the Project Representative. The parties will negotiate to the extent
required by law.
1. Operational groups that are presently on 12-hour shifts at the signing of this
agreement, will take a revote to assure seventy-five percent (75%) of that
group desires to continue that schedule. The vote will be taken by the Project
Representative and report his findings to the Operations Manager.
e. Application of any compressed schedule programs will comply with
collective bargaining agreements as illuminated in Title 5 USC.
f. For all operator compressed schedules, the Operations Manager and the
Project Representative will negotiate, as required by law, a scheduling
agreement to address possible changes in the rotation cycle due to changes
caused by a vacancy and/or vacancies in that group. This scheduling
agreement will be completed within six (6) months from the signing of this
g. If a compressed schedule is established, in accordance with this contract, and
one or more of the operators is subsequently granted a personal or medical
hardship exemption, current law will prevail.
6.8 It is agreed and understood that the assignment of overtime work is the
function of Agency. While overtime assignments will normally be distributed
among qualified employees, the Supervisor/Manager employer reserves the right
to determine when and by whom, overtime will be performed. Normally, the
Manager employer will first give consideration to those employees currently
assigned to a job and second to those employees having special skills required by
the overtime assignment. When an employee requests not to work overtime and the
supervisor is able to find a suitable replacement without undue delay, the
employeeʼs request will be granted.
6.9 REST BREAKS
a. Rest breaks shall generally last fifteen (15) minutes, subject to the discretion
of the crew foreman. Rest breaks may also apply in overtime situations.
b. Rest breaks will normally be given, except in the discretion of the crew
supervisor, when the work in progress will not allow it or the crew
supervisor may alter the timing of the break for some or all of the crew.
c. If there is a rest area, or if a temporary rest area is established, which is in a
clean area and provides chairs and a table, no time in addition to the normal
break time will be allocated. If such area does not exist, travel time will be
added to the normal rest break. The parties recognize that there are areas
outside the powerhouse, where access to the break room is not possible. In
those cases the break will be taken at the work site.
d. Temporary rest areas must be subject to the mutual agreement of the parties.
6.10 MEAL BREAKS
a. Meal breaks shall normally be at the middle of the shift and normally last for
thirty (30) minutes, exclusive of time involved getting to the nearest meal
area, if the meal area is not in the immediate vicinity of the employeesʼ work
b. The parties recognize that for remote areas where access to the meal room is
not practical, meals will be taken at the work site.
c. When employees are required to perform overtime work immediately after
the end of their regular shift, they shall be excused for a thirty (30) minute
uncompensated meal break at the end of each four (4) hour overtime period
or as close to this time as the workload permits. No such break need be taken
if the majority of the employees assigned to the overtime agree to continue
working without it.
If at the end of the regular shift, the anticipated duration of the overtime is two (2)
or more hours, the employee(s) will be given the option of taking a thirty (30)
minute or less uncompensated meal break.
JOB DESCRIPTIONS AND PERSONNEL FILES
7.1 A reasonable time before implementing a change in a job description of a
bargaining unit employee, the Agency will submit the change to the Union for their
7.2 Assignment of work to employees shall be generally consistent with their job
The Agency agrees that the employeeʼs regularly assigned duties will be reflected
in his job description and that job descriptions will be reviewed and modified, as
necessary, on a regular basis to assure accuracy. While the assignment of “other
duties as assigned” to employees which are inappropriate to their qualifications
should be avoided, the right to assign such work shall be reserved to Management
in accordance with existing law.
7.3 Questions concerning job descriptions can be addressed to the employeeʼs
supervisor. Information on appeal rights may be requested from the CPAC through
the employeeʼs supervisor.
7.4 Official personnel files will be available to interested employees. The
examination of the personnel file will be made in the presence of a CPAC
representative. It is understood that where disciplinary action is pending, the
affected employee or designated representative may request the personnel file of
the employee to assist in the preparation of their defense. Reasonable requests by
employees for copies of material will be granted without charge.
7.5 Any problems presented in writing concerning job descriptions or personnel
files will be answered in writing.
8.1 The parties recognize and agree to the following principles applicable to annual
a. Employees shall accrue and be granted annual leave in accordance with
applicable regulations and this contract.
b. Annual leave is provided for two general purposes:
(1) To allow every employee an annual vacation period of extended
leave for rest and recreation;
(2) To provide time off for personal and emergency purposes.
c. All employees will be treated fairly and equitably in the granting of annual
d. Consistent with the Agencyʼs mission and work load and the terms of this
agreement, every reasonable attempt will be made to satisfy employeesʼ
desires with respect to annual leave approval.
e. Replies to annual leave requests will generally be provided in writing within
five (5) working days after the receipt of the request.
f. It is intended that all employees be permitted to take one (1) continuous two
(2) week vacation per year, to the extent they have accrued leave. Longer
vacations may also be taken, subject to the provisions of this agreement.
(Special rules on the use of leave at single operator plants are described in
8.2 If an employee requests annual leave for immediate use, such a request will
first be directed to the first-line supervisor. When an employee has made a
reasonable effort to notify that supervisor and cannot do so, the employee will
direct the request to an alternate supervisor or other designated alternate, as
prescribed in the operating procedures or other supervisory instruction. In
extraordinary circumstances, an employee may direct such leave request through
another person but should not assume that the request will be routinely approved.
Unapproved absences may be the basis for disciplinary action.
8.3 All employees are required to submit a tentative annual leave schedule to
project Agency by 15 February of each year. Agency shall make a reasonable
effort to post approved leave schedules within 30 days after all employee requests
have been submitted. Except as provided in Section 8.8, overtime will not normally
be scheduled in order to provide scheduled annual leave.
Scheduled and approved annual leave will not be canceled solely to avoid the
payment of overtime (provided, in the case of single operator plants, that the
operator has an appropriate number of overtime coverage days to the employeeʼs
credit). Denial or cancellation of scheduled annual leave will be in writing and will
state the reason for denying or canceling the annual leave. The employee cannot
cancel or change the approved scheduled leave without Agency approval.
8.4 Annual leave may be used in one-quarter (1/4) hour increments and paid at the
rate of the shift that the employee would otherwise have been scheduled to work.
8.5 An approved absence, which would otherwise be charged to sick leave, may be
charged to annual leave on a current basis, if requested by the employee and
approved by Agency.
8.6 An approved absence, which would otherwise be charged to annual leave, may
be converted to sick leave at the employeeʼs request, if the employee provides
administratively acceptable evidence to the Agency.
8.7 An operator should take annual leave during the operatorʼs scheduled day and
(a) Five and Six Operator Plants on Eight (8) Hour Shifts
1. In order to ensure the accomplishment of work and the avoidance of
overtime at five (5) and six (6) operator plants, the Agency has established
the concept of overtime coverage days or hours at those locations, whereby
employees may obtain the opportunity to be excused on annual leave even
though such excusal will result in the payment of overtime to another
2. At single operator plants with five (5) or less operators of the same grade
and 8 hour shifts, each operator will be allowed four (4) overtime coverage
days each year for scheduled leave and two (2) additional overtime coverage
days for unscheduled leave. Up to two (2) unused overtime coverage days
can be carried over to the following year, but in no case may an employee
accumulate more than eight (8) overtime coverage days.
3. At single operator plants with six (6) operators of the same grade and 8 hour
shifts, each operator will be allowed one (1) overtime coverage day each
year for scheduled leave and one (1) additional overtime coverage day for
unscheduled leave. Up to two (2) unused overtime coverage days can be
carried over to the following year, but in no case may an employee
accumulate more than six (6) overtime coverage days.
4. If an operator, who previously was covered under the five (5) operator
provisions of this Article, moves to a six (6) operator environment then they
shall not be able to accrue any more overtime coverage days if they are over
the maximum of six (6) days. If they carry more than six (6) days to the new
environment, the operator shall be allowed to maintain this number until
they are used and then drop to the maximum of six (6) days.
(b) Five and Six Operator Plants on 12 Hour Shifts
1. At single operator plants with five or less operators of the same grade, each
operator will be allowed thirty-six (36) hours of overtime coverage hours
each year for annual leave. Up to twenty-four (24) unused overtime
coverage hours can be carried over to the following year, but in no case may
an employee accumulate more than sixty (60) overtime coverage hours.
2. At single operator plants with six (6) operators of the same grade, each
operator will be allowed twenty-four (24) overtime coverage hours each year
for annual leave. Up to twenty-four (24) unused overtime coverage hours
can be carried over to the following year, but in no case may an employee
accumulate more that forty-eight (48) overtime coverage hours.
3. Except in emergencies, operators wishing to use overtime coverage days or
hours for unscheduled annual leave must request the leave at least twenty-
four (24) hours in advance.
4. In the event a request for unscheduled annual leave is prompted by an
emergency, where the operator has no overtime coverage days, the operator
shall be entitled to an advance of the overtime coverage day(s) or hours the
operator will earn in the following year.
9.1 SICK LEAVE PURPOSE AND USE
Employees have the right to use their sick leave when they are incapacitated from
the performance of their duties for such reasons as sickness, injury or pregnancy.
Employees can also use sick leave for medical, dental or optical appointments or
examinations, with prior supervisory approval. Employees may also use sick leave,
under the Family Friendly Medical Leave Act (FMLA), to give care to a family
member having an illness or injury, or to arrange or attend the funeral of a family
9.2 SICK LEAVE NOTIFICATION REQUIRMENTS
Normally, an employee who is absent for sick leave purposes will notify their
immediate supervisor prior to the beginning of his/her daily tour of duty but in any
event, within two (2) hours after the beginning of the daily tour of duty. If the
employee is unable to contact the immediate supervisor, unless otherwise directed
in writing, the employee may leave a voice mail message identifying the reason,
anticipated duration of the absence and a telephone number where the employee
can be reached. Exceptions to this time limit for notification of a supervisor will be
permitted only when individual circumstances clearly indicate the employeeʼs
inability to furnish such notification.
9.3 SICK LEAVE APPROVAL
Employees have a right to use sick leave, as needed, for proper reasons. The
Agency is required to grant sick leave to an employee who provides
administratively acceptable evidence that demonstrates the need for sick leave
usage. Self-certification may satisfy this requirement. The supervisor may
disapprove sick leave usage in non-emergency situations or if an employee does
not submit administratively acceptable evidence. Sick leave usage of more than
three (3) consecutive workdays must be supported by medical and/or
administratively acceptable evidence. The supervisor may require medical and/or
administratively acceptable evidence at any time, if the supervisor doubts the
validity or adequacy of the request. When the evidence does not justify the
approval of sick leave, the absence may be charged to annual leave with the
employeeʼs consent, AWOL or leave without pay. In addition, if the employee is
ill during a period of annual leave, the employee may substitute sick leave usage
contingent upon submission of administratively acceptable evidence to the
9.4 WHEN AGENCY MAY REQUIRE MEDICAL CERTIFICATION
When there is cause to believe that an employee may be abusing sick leave, the
supervisor may impose a requirement for medical certification on all sick leave
requests. Such a requirement will be in writing and inform the employee of the
specific information necessary in the medical certificate. Any counseling, given to
the employee before issuance of the requirement, shall be reduced to writing and
the employee shall be offered the opportunity to sign it.
OTHER LEAVE PROVISIONS
10.1 ADMIN OR OTHER PAID LEAVE
With the Agencyʼs approval, employees may be excused from duty, for short
periods of time, without charge to leave or loss of pay, if operations at a project are
limited due to inclement weather conditions or similar circumstances beyond the
control of The Agency or the employees.
10.2 LEAVE WITHOUT PAY (LWOP)
Leave without pay (LWOP) may be granted by Agency in accordance with laws
and regulation. Requests for LWOP, stemming from personal emergencies and
other reasons cited in regulation, will be considered consistent with regulatory
guidance applicable statute and regulation, including the provisions of the Family
Medical Leave Act (FMLA). Normally, LWOP will not be granted when the
employee has an annual leave balance.
10.3 LEAVE FOR DEATH IN FAMILY
The Agency will maintain a liberal leave policy in the case of death in the
employeeʼs immediate family and may grant advance annual leave, or leave
without pay (LWOP) in addition to any bereavement sick or other leave, in
accordance with applicable law and other regulation.
10.4 ADMINISTRATIVE LEAVE – BLOOD DONATION
When the Agency approves time for employees to donate blood, administrative
leave may be granted. Up to four (4) hours of administrative leave may be granted
for the donation, and the associated travel and recuperation time.
10.5 JURY SERVICE – COURT LEAVE
An employee who is scheduled for a night shift, and is compelled to perform jury
service or serve as witness (as outlined in Section 11.6 below), may be assigned to
the day shift. All employees will receive court leave for the periods otherwise
properly excused from the performance of duty while serving as juror or witness
(as outlined in Section 11.6).
Court leave is only appropriate when a witness is in a non-official capacity on
behalf of a state or local government or is a witness in a non-official capacity on
behalf of a private party where one of the parties is the U.S., D.C., state or local
10.6 MILITARY LEAVE
Up to 15 days of leave per fiscal year is available for employees who participate in
certain military activities under 5 USC 6323. Protections for employees who
participate in such activities are under found at 38 USC 4311.
10.7 FAMILY MEDICAL LEAVE ACT (FMLA)
The Family and Medical Leave Act (FMLA) currently provides means an employee
entitlement of up to 12 administrative workweeks of unpaid leave for certain
family and medical needs, as prescribed in 5 USC 6381-6387. The government-
wide regulations are at 5 CFR 630.1201-1211.
10.8 NOTIFICATION OF LEAVE POLICIES
The Agency will provide updated and current information to employees on
existing leave policies or revisions, as necessary they occur.
MERIT PROMOTION AND PLACEMENT PLAN
11.1 The Agency shall follow the provisions of applicable laws and regulations
and, to the extent applicable to each promotion and placement action, the CPOC
recruitment plan and the Agencyʼs merit promotion and placement plan.
11.2 The Agency shall notify the Union when the Agency it submits a request to
CPOC for the purpose of filling a bargaining unit position. The Agency shall also
notify the Union of the name, position title, and project location of each person
selected to a bargaining unit position through the use of the CPOC recruitment
11.3 The first list of best-qualified candidates referred to the selecting official shall
contain only bargaining unit employees. No additional candidates shall be referred
to the selecting official for ten (10) days after the initial list is provided.
12.1 The Agency agrees that all new employees, who have not been bargaining
unit members under the current contract, will be informed of their right to join or
refrain from joining the Union as part of their orientation.
12.2 The Agency will provide all new employees (as defined above) an
informational brochure prepared by the Union and a copy of this Agreement as part
of their orientation.
12.3 The Agency will provide the Project Representative, if requested, a monthly
list of new employees (as defined above) at that specific Project.
12.1 During new employee orientation at a project, the new employee will be
informed that The Agency has a collective bargaining (union) agreement with the
United Power Trades Organization (UPTO), and that the employee has every right
to join or refrain from joining the union.
If the Project Union Representative is available at that time, s/he will be
introduced to the new employee at that time. In any event, such introduction will
occur at the first opportunity.
12.2 The Agency will provide the Union with a monthly list of new employees at
OFFICIAL FACILITIES FOR EMPLOYEES
The Agency shall ensure that parking facilities are well-lighted and maintained
reasonably free of ice, snow and other hazards.
13.2 Where special contaminated conditions, as defined by law, rule, or regulation,
exist and employees are required to wash, change clothing or take other special
precautions; proper protective clothing, adequate cleanup and disposal facilities
will be provided for these activities in accordance with EM 385-1-1. A sufficient
amount of duty time will be provided for these activities. Clarification of the
meaning of any term or concept will first be sought from USACE, before any
grievance can be filed on the interpretation of the EM.
13.3 Employees, who are required by the Agency to wear Personal Protective
Equipment, shall be provided with those items and necessary replacements, as
prescribed in EM 385-1-1.
13.2 LUNCHROOM FACILITIES
Duty Stations will maintain adequate lunchroom facilities separate from work
areas. Minimum adequate facilities include nearby hot and cold potable water,
microwave(s) and sufficient tables and chairs for employees.
13.5 If the Agency provides access to e-mail or the internet for employees for the
purpose of conducting official business, employees may be permitted limited use
of these resources for unofficial reasons, subject to the policies of the Agency.
13.6 The Agency will monitor employee e-mail or internet usage in accordance
with its regulations and other legal requirements. Employees do not have a right,
nor should they have an expectation, of privacy when they use the Agencyʼs
facilities for e-mail or internet access.
13.3 COMPUTER USE
All bargaining unit employees will be supplied with an email account. Computers
will normally be available on a daily basis for employees to access e-mail or the
internet for the purpose of conducting official business, and bargaining unit
employees shall comply with all applicable use policies of the Agency. Employees
may be permitted limited use of these resources for unofficial reasons, subject to
the policies of the Agency.
The Agency will monitor employee e-mail or internet usage in accordance with its
regulations and other legal requirements. Employees do not have a right, nor
should they have an expectation, of privacy when they use the Agency’s facilities
for e-mail or internet access.
13.4 EMPLOYEE ASSISTANCE PROGRAM (EAP)
Each District will maintain an Employee Assistance Program and include referral
services for individual and family counseling, alcohol rehabilitation, and smoking
13.5 PERSONAL HEALTH AND FITNESS
The Agency may agree agrees to pay an Agency-determined amount toward the
cost of an organizational membership in those health or fitness clubs, with which
the Agency has contracted, to encourage employee physical fitness and thereby
reduce the likelihood of on-the-job injuries. If both parties, at a particular Project,
determine that access to health or fitness clubs is not available or is inconvenient,
the membership subsidy will not be available to the employees at that Project. The
parties may then initiate negotiations at the Project level over the acquisition, by
the Agency, of physical fitness equipment for bargaining unit employees.
OFFICIAL FACILITIES FOR THE UNION
14.1 The Agency will provide space on the individual projects to hold Union
meetings during non-duty hours.
14.2 Upon request, at each staffed project site, the Union will be provided
reasonably equipped space, which may include a dedicated computer, when
necessary for private discussions or consultation with bargaining unit members on
representational matters. Space will also be provided for a Union-furnished file
cabinet for Union use. If dedicated space is provided, the Union will also be
provided adequate furniture.
All supplies and materials used by the Union in its representational function, will
be provided by the Union.
14.3 Where available, the Union is allowed access to Agency communications
systems for representational purposes, including access to e-mail and a computer
with LAN access, provided the usage does not incur any additional usage fees to
the Agency and complies with all other policies for use of these systems. Agency
telephones will not be used for any purposes related to internal business of the
Unions. Union use of Agency telephones shall be subject to the managerial needs
of the Agency.
14.4 The Agency shall provide a government-owned vehicle or shall provide
reimbursement to Union Officials at the rate established for official travel for the
use of personally owned vehicles on Official Time or in connection with the use of
Official Time for representational duties. This entitlement applies only to the
Union President and the four (4) District Vice Presidents. Travel, which involves
government vehicles or mileage reimbursement, is limited to the District served by
the Vice President or in the case of the Union President, the Agency.
14.5 The Agency agrees to make space available, in an appropriate place for
bulletin boards, for the posting of Union notices of meetings, recreational or social
affairs, elections, results of elections or other appropriate literature. The Union is
fully and solely responsible for the posted material. All costs incident to the
preparation, reproduction and distribution of such material will be borne by the
Union. The Union agrees to maintain the bulletin board in a neat and orderly
manner. A notice, with wording as follows, will be posted on the Union bulletin
board: “This bulletin board is furnished for the convenience of the Union. The
Union is solely responsible for the material posted. The Agency does not vouch for
the authenticity or accuracy of the information. The posting of material on this
bulletin board does not necessarily constitute endorsement by the Agency.”
14.6 The Agency agrees to furnish to the Union Secretary by June 30 of each year
and if requested not more than one (1) other time each calendar year, a master list
of all employees in the bargaining unit showing name, position, title, grade and
official duty station. Such information will be handled and treated as internally
privileged employee information and will be used solely for the Union’s
representational needs and purposes.
14.7 The internal mail service of the Agency shall be available for use by the
Union. This will include routing through the District Office and to all Projects.
Material to be mailed will be limited to representational material and
communication with Agency and will not include internal Union business. All
supplies and material will be provided by the Union.
14.8 The Union will be provided the use of copy machines. All material to be
reproduced on Agency-owned reproduction equipment will be cleared through the
Administrative Officer, or a designated representative, and will be limited to
representational material and communication with Agency and will not include
internal Union business. All paper used for copying purposes shall be provided by
14.9 Subject to the provisions above on the use of telephone lines, the Union shall
have access to Agency-owned FAX machines, where available. Such use shall be
reasonable in terms of the time used and the amount transmitted or received.
16.1 Employees who are not Union Representatives will be provided a reasonable
amount of duty time, if otherwise in a duty status, for activities to include the
a. Preparing or presenting grievances under this agreement.
b. Providing information in connection with the investigation of a grievance or
unfair labor practice charge.
c. Serving as a witness in a grievance or arbitration hearing.
d. Preparing a written reply or making an oral reply to a notice of proposed adverse
e. Participation in meetings related to this agreement at the request of Agency.
f. Travel in connection with the foregoing activities if approved in advance by the
16.2 Employees and their personal representatives, in proceedings outside this
agreement, are entitled to reasonable amounts of duty time as prescribed in the law,
rule, or regulations governing such proceedings.
15.1 Union officials officers and representatives will be allowed Official Time for
representational and contract administration activities and Union-sponsored
training as follows:
a. Union President, 1000 1200 hours per year.
b. Project Representatives and the four Vice Presidents, a total of 450 500
hours each year.
c. 600 hours total for all Union Representatives and Officers for training each
15.2 Official Time, as allowed above in Section 16.3, is to be used by Union
Representatives for representational purposes and contract administration
purposes, such as:
a. Review and preparation of correspondence with the Agency which is related
to the administration of this Agreement;
b. Investigation and processing of grievances;
c. Attendance at formal discussions and at investigatory meetings;
d. Meetings with the Agency to discuss conditions of employment;
e. Preparation of proposals;
f. Service on any committees in an official Union capacity;
g. Preparation and participation in arbitration, MSPB hearings, unfair labor
practice, and EEOC proceedings; and
h. Other meetings and activities which the Agency and the Union agree are
i. Travel in connection with the foregoing activities, if approved in advance by
15.3 With prior approval of a Union Officer’s Supervisor and/or Project Manager,
the Union Officer may use official time to perform his/her representational duties
at locations other than at his/her assigned duty station; such as a home/union
15.4 Requests for use of Official Time for representational and contract
administration purposes shall be submitted, in writing, in advance to the Union
Representativeʼs immediate supervisor, and shall specify the purpose of the
proposed use and the estimated amount of time to be used. Approval or
disapproval by the Supervisor/Agency shall be noted on the Unionʼs request and
shall not constitute approval of travel time unless specifically noted. However, on-
duty travel may be granted to a District Union Vice President, or his Designee, if
acting in lieu of a Project Representative or Alternate at a project as described in
Workload permitting, the supervisor will grant the request for representational
duties by the Union accredited representative, or a mutually acceptable alternate
time will be established.
15.5 Official Time for training on the administration of this contract, and other
mutually beneficial purposes, must be requested at least two weeks prior to the
proposed training and is subject to the Agencyʼs approval of the agenda and stated
Examples of training that are of mutual benefit are contract negotiation and
administration, grievance processing and information relating to relevant Federal
personnel/labor relations laws, regulations and procedures.
16.7 The Agency will make timely decisions regarding requests for Official Time
or leave for Union training in advance of the date or dates of the training, reserving
the right to change that decision if there are compelling and overriding work
16.8 The Agency will not disapprove training on Official Time solely because a
Union Representative has attended like or similar training in the past.
15.6 Travel on Official Time will be allowed for the:
a. President to attend arbitration hearings, mutually agreed upon meetings with
the Agency and approved training for Union Representatives.
b. Vice Presidents for attendance at arbitration hearings within their Districts,
mutually agreed-upon meetings with the Agency (except as limited by
Article 16.5) and approved training for Union Representatives.
c. Project Representatives for mutually agreed upon meetings with the Agency
and approved training for Union Representatives, but only incidental same
15.7 Approved use of Official Time shall be recorded on the Union
15.8 The Agency Labor Relations Officer shall provide the Union President a
quarterly accounting of the use of Union time at all projects.
15.9 Union Representatives, who are to be absent on Union business which does
not qualify for Official Time usage, may request leave without pay (LWOP). Such
a request will be subject to the Agencyʼs approval. Normally, LWOP will not be
granted when the representative has an annual leave balance.
16.1 The rate schedule, which currently applies to employees, provides that
overtime will be paid at twice (2) the normal rate of compensation. This will not be
changed except as may be required by a law or government-wide regulation.
16.2 Employees may elect compensatory time for overtime work, consistent with
the non-coercive provisions of 5 CFR 532 and with Agency approval.
16.3 The basic pay and types of premium pay for bargaining unit employees are
established each year by the Department of Defense Wage and Salary Agency
(WSD). The law that confers this authority on the WSD is Public Law 97-257,
enacted in 1982. That law provides that bargaining unit employees shall be paid
wages, as determined by WSD, to be consistent with wages of the Department of
Energy and the Department of the Interior employees performing comparable work
in the corresponding area.
16.4 For work which is a continuation of a regular shift, either at the start or at the
end of the shift, the employees shall receive overtime pay for the actual time
16.5 For work outside of a regular shift and which is not covered as a continuation
of a shift, an employee shall receive a minimum of two (2) hours at the applicable
rate even though the actual work is less than two (2) hours.
16.6 The parties recognize that, under existing law, they cannot create or rescind
an entitlement to basic pay or premium pay. However, where such an entitlement
exists, it will be administered in accordance with applicable law and regulations.
17.1 The parties recognize the Agencyʼs responsibility to establish and periodically
review and revise performance counseling/checklist/records. When a
checklist/record is to be established or revised, the supervisor shall meet with the
affected employee to review it. Performance standards should be consistent with
the duties and responsibilities of the position. After considering the view of the
employee, a decision on the checklist shall be made by Agency. A copy of the
approved performance checklist will be given to the affected employee. The
supervisor will review the performance plan annually with the employee and
communicate, if requested, types of performance which would be indicative of
“fails” or “excellence”.
17.2 All employees will be given a reasonable opportunity to achieve the
performance standard. Performance standards shall be fairly, equitably, objectively
and uniformly applied for like duties in like circumstances and shall be reasonably
related to the duties set forth in the position description. Performance standards
shall be objective to the maximum extent feasible and shall provide incentives for
17.3 Employees will receive an annual performance rating. The rating of record
will not be communicated to employees before approval of the performance rating.
Communication about appraisal of performance will occur between a supervisor
and an employee prior to determination of a rating of record. Further, this does not
preclude written comments on performance appraisals prior to final signature by
the approving official. Employees will sign and date as having received the
appraisals after they have been signed and dated by the approving official. The
employee will then receive the original copy. Written comments will remain intact
with the performance rating.
17.4 To provide for adequate opportunity for an employee to meet performance
standards, there must be at least one hundred and twenty (120) days between
receipt of the performance plan and the end of the rating period. When a
performance rating cannot be completed at the end of the rating period, the rating
period will be extended.
17.5 The rating supervisor is normally the employeeʼs immediate supervisor, who
prepares the employeeʼs written performance plan and rating. The employeeʼs
performance rating may be prepared based on the supervisorʼs direct observation
and/or information from other sources.
17.6 The supervisor will discuss the employeeʼs job performance with the
employee, in private, at the mid-point of the employeeʼs rating period. At that time,
the supervisor shall communicate to the employee the progress toward achieving
the performance standard. If necessary, the supervisor will suggest ways for the
employee to improve the quality of work in order to more satisfactorily perform
duties at expected levels.
17.7 An employee performing at an unacceptable level shall be notified and given
at least ninety (90) days to improve before adverse action is proposed. If this
determination is made during the appraisal cycle the employee will be informed of
the specific performance standard that is not being met and the necessary
improvement that must be made during the opportunity period.
If necessary, the annual appraisal shall be delayed sufficiently to allow completion
of this opportunity period.
REDUCTIONS IN FORCE
18.1 The Agency shall follow the provisions of applicable laws and regulations
governing Reduction in Force, and will bargain appropriate arrangements and
procedures to the extent required by law.
18.2 When there is an impending reduction in force (RIF), the Agency shall notify
the Union as far in advance as practicable. To the extent the information is
available, this notification will include the grade levels and the numbers of
bargaining unit positions to be abolished, the proposed date, and the reason for the
18.3 Demotions and removals due to RIFs are not grievable or arbitrable under this
Agreement. Instead, they are appealable to the Merit Systems Protection Board
RIGHTS AND RESPONSIBILITIES OF THE EMPLOYEES
19.1 STATUTORY RIGHTS - UNION MEMBERSHIP
a. Employees are protected, freely and without fear of penalty or reprisal, to
exercise their right to form, join or assist any labor organization or to refrain
from any such activity. The freedom of such employees to assist any labor
organization shall be recognized as extending to participation in the Agency
of any such organization and acting for it in the capacity of an employee
organization representative, including presentation of its views to officials of
the Executive Branch, the Congress or other appropriate authority.
b. Nothing in this Agreement, or any supplemental, implementing, subsidiary
or informal agreement, shall require an employee to become or remain a
member of a labor organization, or to pay money to the labor organization
except pursuant to Article 25 of this Agreement.
19.2 FAIR TREATMENT
In an atmosphere of mutual respect, all employees shall be treated fairly and
equitably in the application of the provisions of this contract.
19.3 RESPECT FOR EMPLOYEE PRIVACY
a. When supervisors or Agency officials have personal discussions with
employees regarding their conduct or deficient performance, such
discussions will be held in private, and the employee will be advised if
potential discipline is contemplated by the Manager/Supervisor.
b. If an employee is to be served with a warrant or subpoena, it will be done in
private, insofar as is practical.
20.6 Warnings, counselings or admonishments, on which the Agency wishes to
rely in supporting an action based on misconduct, must have been made in writing
and shown to the employee. The employee will initial any such entry, signifying
only that they have been shown it, not that they agree with it. Entries of this nature
will be deleted or obliterated from the file no later than one (1) year after the date
of the entry unless reversed earlier through a grievance decision or unless made the
basis for additional entries or discipline within that time.
19.4 OFF-DUTY CONDUCT
a. Employees have the right to conduct their private lives as they see fit, with
the understanding that certain kinds of off-duty misconduct may serve as the
basis for disciplinary action, should there be a nexus between an employee’s
off-duty misconduct and his/her official duties or status as a Federal
b. Reprisal for exercising any right under law, regulation or this contract, or for
serving as a witness or participant in any proceeding arising from the
exercise of such right, is a violation of this contract.
19.5 EMPLOYEE REPRESENTATIONAL RIGHTS – WEINGARTEN
The Agency will notify bargaining unit employees, annually, of their right to
representation during an investigatory examinations. When an employee
reasonably believes the examination may result in disciplinary action, he/she may
request Union representation.
When the employee requests representation, the examination shall be postponed a
reasonable time to allow for the presence of a n appropriate Union Representative.
19.6 EMPLOYEE RIGHT TO DUTY TIME FOR CERTAIN PURPOSES
a. Employees who are not Union Representatives will be provided a reasonable
amount of duty time, if otherwise in a duty status, for activities to include
1. Preparing or presenting grievances under this agreement;
2. Providing information in connection with the investigation of a
grievance or unfair labor practice charge;
3. Serving as a witness in a grievance or arbitration hearing;
4. Preparing a written reply or making an oral reply to a notice of
proposed adverse action;
5. Participation in meetings related to this agreement at the request of the
b. (16.1) Employees may be authorized to travel in connection with the
foregoing activities if approved in advance by the Agency.
c. (16.2) Employees and their personal representatives in proceedings outside
this agreement are entitled to reasonable amounts of duty time as prescribed
in the law, rule, or regulations governing such proceedings.
19.7 SIGNATURE REQUIREMENTS FOR TIME AND ATTENDANCE
a. If requested by the Agency, the employee will certify that their regular
hours, leave hours, and overtime hours worked within the pay period are
b. The Agency will provide a reasonable amount of time for bargaining unit
members to review their Time and Attendance records.
c. Discrepancies that are discovered during the employee’s review should be
noted and reconciled with the timekeeper and the supervisor as soon as
d. The employee is not certifying CEFMS numbers.
19.8 USE OF GOVERNMENT CARD FOR TDY
All bargaining unit members will comply with Army policy regarding the use of
Individually Billed Accounts (IBAs) for transportation costs related to TDY travel.
Bargaining unit members not meeting the requirements for a government travel
card will be allowed to use the centrally billed account (CBA) to purchase airline
and train tickets until they are issued a travel card.
RIGHTS OF THE AGENCY
20.1 The Agency retains its rights as described in Title 5 USC Section 7106.
a. Agency Rights.
(1) to determine the mission, budget, organization, numbers of
employees and internal security practices of the agency, and
(2) in accordance with applicable laws
(a) 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;
(b) to assign work, to make determinations with respect to
contracting out and to determine the personnel by which agency
operations shall be conducted;
(3) with respect to filling positions, to make selections for
(a) among properly ranked and certified candidates for
(b) any other appropriate source; and
(4) to take whatever actions may be necessary to carry out the Agency
mission during emergencies.
b. Nothing in this section shall preclude an Agency and any labor
organization from negotiating
(1) at the election of the agency, on the numbers, types and grades of
employeesor positions assigned to any organizational subAgency,
work project or tour of duty, or on the technology, methods and
means of performing work; or
procedures which Agency officials of the agency will observe in exercising any
authority under this section; or
appropriate arrangements for employees adversely affected by the exercise
of any authority under this section by such Agency officials.
RIGHTS OF THE UNION
21.1 The Union has the right to organize the bargaining unit and to designate
representatives of their choosing for the purpose of collective bargaining, the
prosecution of grievances and employee-agency relations without fear of restraint,
interference, coercion or discrimination.
21.2 The Union shall be given the opportunity to be represented at formal
discussions between Agency and employees, or employee representatives,
concerning grievances, personnel policies, practices and other matters affecting
general working conditions of the employees in the unit.
21.3 The Union, as the exclusive representative, is responsible for representing the
interest of all employees in the unit it represents without discrimination and
without regard to labor organization membership. This responsibility extends only
to those matters in which the Union is the exclusive representative; the collective
bargaining, grievance and arbitration processes. The
Union is not required to represent or assist employees in any other matters, such as
proposed disciplinary or adverse actions, Merit System Protection Board (MSPB)
appeals, Agency Equal Opportunity complaints, Worker Compensation claims and
other appeal procedures. Employees with questions regarding the Unionʼs
obligation of fair representation may contact their Project Representative.
SAFETY AND HEALTH
23.1 The Agency and the Union recognize an affirmative obligation to do all that is
reasonable to maintain a safe and healthy working environment for employees
consistent with OSHA regulations. Likewise, the bargaining unit employees are
expected to use all reasonable precautions to consider the safety of themselves and
others of the highest priority.
23.2 The Agency is under a duty to:
a. Provide a safe place to work.
b. Provide safe machinery, tools and equipment.
c. Provide instructions and warning of dangers.
d. Provide reasonable rules to promote safety.
e. Provide a washer and dryer, at each manned project, for the employeeʼs use of
laundering employeeʼs occupational clothing. Main stem projects (CJ, MCN, TD,
JD, BON) shall have two washers and two dryers. Laundry soap, fabric softener
and bleach will be provided by the Agency at each project.
f. Provide information to employees on the hazards to which they may be exposed,
in accordance with applicable law and regulations.
23.3 The employee is under a duty to:
a. Operate machinery, tools and equipment in an attentive and safe manner.
b. Immediately report safety hazards to immediate supervisors.
c. Correct safety hazards, if possible.
d. Promote the safety program of the District/Agency.
23.4 The parties recognize that disagreements under this Article are to be resolved
as soon as practical. Accordingly, problems should be raised by concerned
employees at the first available opportunity with their supervisor and may be
presented to the project safety committee through the Union Representative.
23.5 The employee has the right to decline to perform their assigned task because
of a reasonable belief that, under the circumstances, the task poses an imminent
risk of death or serious bodily harm coupled with a reasonable belief that there is
insufficient time to seek effective redress through normal hazard reporting and
abatement procedures. However, such declination may be the basis for disciplinary
action if subsequent review by the Agency does not support the employeeʼs
The Agency shall provide for work related medical evaluations and environmental
testing for workplace hazards in accordance with applicable laws and regulation
(e.g., 5 CFR part 339). Unless prohibited by law or government-wide regulation,
employees will be furnished complete copies of all physical exam and test results
upon written request.
23.7 Injury Compensation
a. On-the-job injuries should be reported, in writing, on a Form CA-1 to the
supervisor within two (2) working days of the injury. Occupational disease should
be reported on a Form CA-2.
b. If an employee requires medical treatment because of an on-the-job injury, the
supervisor should promptly complete the front of a Form CA-16. All accidents and
injuries, regardless of severity, must be immediately reported to the supervisor. In
an emergency, the Agency may authorize medical treatment by telephone and then
forward the completed Form CA-16 to the medical facility within forty-eight (48)
c. Employees will not be penalized for short delays in reporting injuries. However,
the Agency may refuse to issue a CA-16 if more than a week has passed since the
injury on the basis that the need for immediate treatment would normally have
become apparent in that period of time.
d. Compensation Claim forms will be submitted in accordance with Office of
Workersʼ Compensation Program requirements.
e. When a physicianʼs report indicates that an employee(,) who incurred an on-the-
job injury, is not totally disabled from duty, the employee is required to accept any
reasonable offer of light or limited duty. The Agency will make every effort to
assign light duty if:
(1) Work is available to be done; and
(2) If the work to be done is consistent with the medical release which is provided
to the Agency.
f. The reinstatement of injured workers will be in accordance with current
23.8 Drug Abuse.
The Agency and the Union recognize that the use of illegal substances may have a
deleterious effect upon the safety of individuals and equipment. Accordingly, the
use of illegal drugs is specifically rejected by both the Agency and the Union.
SAFETY AND HEALTH
The Agency and the Union recognize an affirmative obligation to do all that is
reasonable to maintain a safe and healthy working environment for employees
consistent with OSHA regulations. Likewise, the bargaining unit employees are
expected to use all reasonable precautions to consider the safety of themselves and
others of the highest priority.
22.2 WORKING SAFELY
a. The Agency is under a duty to:
1. Provide a safe place to work.
2. Provide safe machinery, tools, and equipment.
3. Provide instructions and warning of dangers.
4. Provide reasonable rules to promote safety.
5. Provide information to employees on the hazards to which they
may be exposed, in accordance with applicable law and
6. Provide a washer and dryer at each manned project for the
employee’s use of laundering employee’s occupational clothing.
Main stem projects (i.e., CHJ, MCN, TD, JD, BON) shall have two
washers and two dryers. Laundry soap, fabric softener, and bleach
will be provided by the Agency at each project.
b. Each employee is under a duty to:
1. Operate machinery, tools, and equipment in an attentive and safe
2. Immediately report safety hazards to immediate supervisors.
3. Correct safety hazards, if possible.
4. Promote the safety program of the Agency.
22.3 WORK ATTIRE
Employees shall wear clothing and apparel suitable for weather and work
conditions, and that prevent exposure to known or expected hazards. Standard
work attire will include full length pants and shirts with full length sleeves (as
required by OSHA or Agency [HQ] standards). Standard work attire, including
undergarments, shall be made from non-melting or untreated natural fiber.
22.4 PERSONAL PROTECTIVE EQUIPMENT AND SAFETY EYEWEAR AND
a. Employees who are required by the Agency to wear Personal Protective
Equipment shall be provided with those items and necessary replacements,
as prescribed in appropriate regulations such as EM 385-1-1 or its current
equivalent and Agency policies, as may be agreed by the parties.
b. Current Agency, District, and Project-established policy and practice
regarding Agency purchases or allowances for required safety eyewear and
footwear shall be continued.
22.5 CONTAMINATED CONDITIONS
Where special contaminated conditions, as defined by law, rule, or regulation,
exist and employees are required to wash, change clothing, or take other special
precautions, proper protective clothing, adequate cleanup and disposal facilities
will be provided for these activities in accordance with EM 385-1-1 or its
current equivalent. A sufficient amount of duty time will be provided for these
23.6 PROBLEM RESOLUTION
The parties recognize that safety issues/questions arising under this Article are
to be resolved as soon as practicable. Accordingly, safety issues will be raised
by concerned employees at the first available opportunity with their supervisor
and may be presented to the project safety committee through the Union
Clarification of the meaning of any term or concept should first be sought from
The Agency before a grievance can be filed on the interpretation of the Safety
22.7 ADDRESSING AN UNSAFE CONDITION
The employee has the right to decline to perform their assigned task because of
a reasonable belief that, under the circumstances, the task poses an imminent
risk of death or serious bodily harm coupled with a reasonable belief that there
is insufficient time to seek effective redress through normal hazard reporting
and abatement procedures. However, such declination may be the basis for
disciplinary action if subsequent review by the Agency does not support the
22.8 MEDICAL EVALUATIONS
The Agency shall provide for work related medical evaluations and
environmental testing for workplace hazards in accordance with applicable laws
and regulation (e.g., 5 C.F.R. Part 339). Unless prohibited by law or
government-wide regulation, employees will be furnished complete copies of
all physical exam and test results upon written request.
22.9 INJURY COMPENSATION
a. All accidents and injuries, regardless of severity, must be immediately
reported to the supervisor, or, in any event, as soon as an employee is aware
that an illness or injury has occurred. On-the-job injuries should be
reported, in writing, on a Form CA-1 to the supervisor on the same working
day the injury occurs, or is known by the employee.
b. If an employee requires medical treatment because of an on-the-job injury,
the supervisor should promptly complete the front of Form CA-16. In an
emergency, the Agency may authorize medical treatment by telephone and
then forward the completed Form CA-16 to the medical facility. The Form
CA-16 is for immediate medical treatment. The Agency may refuse to issue
a CA-16 if more than a week has passed since the injury, on the basis that
the need for immediate treatment would normally have become apparent in
that period of time.
c. Any occupational disease should be reported on a Form CA-2.
d. Compensation Claim forms will be submitted in accordance with Office of
Workers’ Compensation Program requirements.
22.10 RETURN TO DUTY STATUS
a. When a physician’s report indicates that an employee who incurred an on-
the-job injury is not totally disabled from duty, the Agency will make every
effort to assign light or limited duty if:
1. Work is available to be done; and
2. If the work to be done is consistent with the medical release which is
provided to the Agency.
b. If the Agency assigns light or limited duty, the employee is required to
accept any reasonable offer of light or limited duty, as described in a2
c. The reinstatement of injured workers will be in accordance with current
regulations in effect at the time of the injury.
22.11 DRUG AND ALCOHOL ABUSE
a. The Agency and the Union recognize that the use of alcohol or illegal
substances or the improper use of prescribed medications will potentially
have a deleterious effect upon the safety of individuals and equipment.
Accordingly, the Agency and the Union jointly condemn any use of alcohol
on the job or the use of illegal substances or the improper use of prescribed
medications at any time.
b. It is every employee’s obligation to be familiar and comply with the
provisions of the Agency’s Drug Free Workplace Program, as agreed by the
parties Jan. 31, 2007.
c. Any employee use of illegal substances or improper use of prescription
medications or use of alcohol on the job will result in discipline.
23.1 It is mutually agreed that the Hydroelectric Power Training Program is of
vital interest to the Agency and the Union. The objective of the Program is to
provide organized on-the-job and classroom training to qualified employees to
develop skilled journeymen and potential leaders in trade areas which have
particular application on Corps projects.
23.2 The Agency agrees to recognize the joint Agency labor review committee of
not more than seven (7) members. Both the Districts and the Union will be
represented by one (1) member from each district on this committee, plus a
chairman that will always be from the Division. This committee shall have the
right to review training programs affecting employees in the bargaining unit for the
purpose of assisting the Agency in insuring the continuing effort to strengthen and
improve the training program. It is further agreed that the committee and
appropriate representatives shall meet at the call of any two (2) the Chair and 50%
of the members of the current committee. The committee shall meet at least once a
year but not more than four (4) times a year, unless there is unanimous committee
23.3 The Agency agrees that the trainees will normally be assigned to an instructor,
supervisor, skilled journeyman, or other qualified personnel for work experience
training. The Agency and the Union agree that trainees may be assigned to
journeyman level work for training purposes. Assignments will normally be made
to expose trainees, each year, to a variety of jobs of increasing complexity and
23.4 All textbooks, assigned by the Agency to be used by bargaining unit trainees
for classroom instruction or study, shall be furnished by the Agency.
23.5 The Agency will present to the trainee an outline of on-the-job training for the
current training period no later than the third week of that six (6) month training
period. However, the Agency retains the right to change the schedule or assign
work to take advantage of on-the-job training opportunities or accomplish needed
23.6 When an employee is appointed to another position or when new equipment is
installed or new procedures implemented, appropriate training as determined by
the Agency, will be provided.
23.7 The Agency will determine the organizational needs for training, the specific
training opportunities necessary to meet those needs and the assignment of
employees to training, with due consideration for employees current skills, abilities
and other work-related factors.
23.8 The Agency shall publicize that self-development opportunities are available
to employees and that financial support may be available for such training. The
publicity will be provided periodically during the year through normal distribution
UNION OFFICIALS AND PROJECT
24.1 Union Officers and Project Representatives shall be designated by the Union
and shall be recognized as employee Representatives. An up-to-date list of Project
Representatives and Officers will be supplied to the Agency and posted to bulletin
boards at the various projects. Unless included on this up-to-date listing,
employees will not be entitled to Official Time under the provisions of this
24.2 Project Representatives
a. Any employee, within the bargaining unit, has the right to seek the
assistance of the Project Representative.
b. Project Representatives shall have access to the projects during working
hours for the purpose of assisting employees.
24.3 If there is no Project Representative or Alternate at a project, at any given
time, the District Vice President, or someone designated by the District Vice
President, may serve in the capacity of the Project Representative. All contacts
shall be initiated by the project without a Project Representative to the District
Vice President unless the Union believes that the situation existing at the project
has implications for the bargaining unit outside the individual project.
24.4 The Agency will provide to the Union a current list of designated Agency
representatives, telephone numbers and duty locations.
VOLUNTARY ALLOTMENT OF
UNION MEMBERSHIP DUES
25.1 Allotments for Union dues must be authorized on Standard Form (SF) 1187
which is available to the Union from the Government Printing Office, Washington,
D.C. The Union is responsible for obtaining the prescribed allotment form;
distributing the form to its members; certifying as to the amount that is due;
delivering the completed forms to the servicing CPAC District Human Resources
Office for forwarding to DFAS. This solicitation process of union dues is
considered internal Union business and will be conducted during non-duty time.
25.2 The initial amount of dues to be withheld shall remain unchanged until the
Union certifies to Defense Finance and Accounting Service (DFAS) that the
amount of dues was changed for a particular member, or members, showing the
specific amounts of the new deduction. Such changes will not be made more
frequently than once (1) each twelve (12) months, measured from the date of the
first change made by the Union. Notification of dues changes must be received by
DFAS prior to the beginning of the pay period for which the change is effective.
Union dues will not be withheld when an employeeʼs net salary for the pay period
involved is insufficient to cover the dues after other legal and required deductions
have been made.
25 .3 The Union will designate, in writing to DFAS, the specific Officer of the
Union authorized to receive such remittances of dues money and to effectuate the
dues changes. This designation may be changed by subsequent written notice at
least fifteen (15) calendar days prior to the effective date of the designation.
25.4 Participating employees may voluntarily revoke their allotments for Union
membership dues after one (1) full year of such deductions by submitting form
SF1188, which can be obtained from the Project Administration Officer and then
must be submitted to the Division Labor Relations Officer through the Project
Administration Officer after completion by the employee.
The effective date of the revocation will be the first complete pay period from
which dues are withheld after January 1 of each year. The SF 1188 to revoke dues
can be obtained from the Project Administrative Officer and must be submitted to
the Agency Labor relations Officer. A copy will be sent to the Union Treasurer.
The District Labor Relations Specialist will notify the Union Treasurer and
District Payroll Office of the receipt of SF1188. A revocation must be received in
the Project Administrative Office prior to the beginning of the earliest period for
which it can be effective.
25.5 An allotment for a participating member will be terminated upon separation,
transfer or removal from the unit. Such termination of allotment will be effective
upon the date of the exclusion from the unit, except that the full amount of the
deduction will be made for the pay period during which the transfer takes place.
25.6 The Union will promptly notify DFAS, in writing, when a participating
member is expelled from the Union or ceases to be a member in good standing. If
the notice is received too late to be terminated at the immediate pay period, the
Union will accept the allotment of the former member and be responsible for any
PRINTING AND DISTRIBUTION
26.1 The Union shall ensure that a copy of this Agreement is furnished to all
bargaining unit employees after it becomes effective.
26.1 The Agency shall print and furnish, to the Union, 800 700 copies of the
The Union will furnish the copies to all bargaining unit members and to all new
employees. initially and to the Agency for distribution to new employees. If
additional copies are needed by the Union during the life of this Agreement, t
The Union will bear the cost of printing the additional copies.
26.2 The Agreement shall be printed in a convenient, pocket size. The covers shall
be of durable stock with the effective date shown on the front.
Laws, government-wide regulations and this Agreement take precedence over past
practices. Existing and future working conditions, which are not inconsistent with
this Agreement or law and are established though past practice, will be treated for
all purposes as if they are incorporated into this Agreement and may only be
modified or terminated through the exercise of the collective bargaining process
EFFECTIVE DATE, DURATION
AND SCOPE OF THE AGREEMENT,
AND PAST PRACTICES,
AND BARGAINING GROUND RULES
27.1 The terminal date of this Agreement is the third (3rd) anniversary from the
27.2 Either party may give written notice to the other not more than one hundred
and five (105) nor less than sixty (60) days prior to the terminal date of this
Agreement, for the purpose of re-negotiation of said Agreement. The present
Agreement will remain in full force and effect during the re-negotiation of said
Agreement, until such time as a new Agreement is approved.
27.3 If neither party serves notice to renegotiate this Agreement, the Agreement
shall be automatically renewed for a three (3) year period.
27.4 Laws, government wide regulations and this Agreement take precedence over
past practices. Existing and future working conditions, which are not inconsistent
with this Agreement or law and are established though past practice, will be treated
for all purposes as if they are incorporated into this Agreement and may only be
modified or terminated through the exercise of the collective bargaining process.
28.1 EFFECTIVE DATE
This Agreement will be implemented and become effective when it has been
signed by the parties and submitted to the Agency head, reviewed and approved
pursuant to Section 7114(c) of 5 USC Chapter 71.
28.2 DURATION OF AGREEMENT
a. This Agreement shall remain in full force and effect for a period of three (3)
years after its effective date. Thereafter, it shall be automatically renewed
for a one (1) year period unless either party gives the other party written
notice of its intention to renegotiate this Agreement no less than sixty (60)
nor more than one hundred five (105) days prior to any termination date. If
either party has given notice of intent to renegotiate this Agreement, the
provisions of this Agreement shall remain in full force and effect until such
time as a new Agreement is approved.
b. The parties agree that two weeks (14 calendar days after post mark) after
notice from the notifying party, the notifying party shall submit proposals
representing the notifying party’s intended revisions to the existing
c. The party receiving notice must respond with their proposals to revise the
existing agreement within forty-five (45) days from post mark date of
notifying party’s proposals.
d. No new subject matter proposals will be introduced after the initial
exchange, unless mutually agreed.
e. Negotiations shall commence no later than 45 days from the postmarked
date the party receiving notice responds with their proposals or no later
than 120 days from the date the notice of intent to renegotiate was received,
whichever is earlier.
28.3 CONTRACT BARGAINING GROUND RULES
The parties agree that the following ground rules will be used to negotiate the
a. Negotiations between the Agency and UPTO will be held in Portland,
Oregon at a place agreed upon by the Parties. If there is any cost incurred
for the meeting facilities, such expense shall be borne equally by the Parties.
b. The Agency agrees to adjust the work schedule for each UPTO negotiation
team member and provide official time for travel on the Sunday immediately
preceding the negotiations in the amount of time required to reach the
negotiation location in Portland. During the week of negotiations the UPTO
team members will be on a 5/8 work schedule and face to face negotiations
will be conducted from 0800 to 1200 and from 1300 to 1700 Monday
through Thursday. On Friday, the UPTO team members will be provided 8
hours of official time for preparation and/or travel time. The 80-hour pay
period for the UPTO negotiation team members will be adjusted by the
Agency to accommodate this schedule to ensure that the UPTO team
members are paid a total of at least 80 hours regular time for the
appropriate pay period.
c. The members of the UPTO negotiating team who are at least Northwestern
Division employees and are present in the negotiating session shall be on
official time during the negotiation sessions. The number of UPTO
negotiating team members on official time will not exceed the number of
individuals designated as representing the Agency in negotiation sessions.
d. Subject matter specialists may be invited by either one of the Parties to
clarify issues within their field of expertise. Any payment for time and/or
travel and per diem will be the obligation of the inviting party.
e. UPTO alternates, if Northwestern Division employees, will be entitled to
official time only for the time they replace an UPTO negotiator and/or for
the time spent in preparation, pursuant to this agreement. Travel and per
diem for alternate UPTO negotiators will be the same as the entitlement of
the negotiator they replace.
f. A list of the initial negotiators and alternates for UPTO and the Agency will
be furnished to the other party not less than 30 days prior to the first
g. The Union shall be entitled to utilize a bank of 140 hours of official time in
order to prepare for the negotiations, prior to the commencement of the
negotiations. No official time allocated under these ground rules shall be
charged against the official time bank provided in Article 15.1. In
connection with preparation for negotiations, the Agency agrees to
reimburse up to three UPTO representatives for their reasonable travel and
per diem expenses in accordance with governing travel regulations for one
two-day round trip to Spokane, Washington or another location mutually
h. Upon completion of negotiations, including all impasse procedures, UPTO
ratification vote, and approval of the Agreement by the designee of higher
headquarters as provided in 5 U.S.C. § 7114(c) or expiration of the 30-day
Agency review period, the agreement will become effective.
i. As to negotiability determinations which have been appealed, the Parties
will meet again to continue negotiations within 30 days after a ruling from
the FLRA. Any official time and travel reimbursement still available to the
Union (i.e., not previously used) under these ground rules may be used for
those continuing negotiations.
j. The Agency shall ensure that a complete copy of the collective bargaining
agreement (less negotiability issues) is ready for the signatures of the
Division Commander and the UPTO President within 5 working days from
the completion of the Union ratification vote, if the contract is ratified. The
Agency’s 30-day review period under 5 U.S.C. § 7114(c) begins to run on
the date the Division Commander signs the agreement.
k. Each of the Parties shall designate a chief negotiator with full authority to
bind their party during negotiations. The Parties retain their right to
designate representatives of their own choosing.
l. Each party shall be permitted to have one silent observer in the negotiating
sessions without mutual consent of the Parties. Silent observers, however,
may be dismissed by either party at their discretion. All individuals present
shall be considered either representatives of UPTO or representatives of the
m. All caucuses occurring during the time allocated for negotiations shall
entitle bargaining unit employees present to remain on official time if
otherwise in a duty status. Caucuses may be called at any time by any
Party, but shall be of the shortest duration possible.
n. When the Parties reach an agreement as to an article or section, the
agreement shall be reduced to writing and initialed by the chief negotiators.
Initialed articles are binding agreements unless the contract is reopened for
further negotiation by agreement of the chief negotiators, or as a result of a
negative Union ratification vote or disapproval by Agency headquarters.
o. At the outset of negotiations, the chief negotiator for UPTO will choose the
first article to be negotiated. After discussion of the first article has been
completed, each Party will alternately raise the next article to be discussed
until all articles have been covered.
p. A statement of the Agency’s position on the negotiability of a proposal will
be provided in response to a written request from the Union. Proposals
deemed to be nonnegotiable will include written justification for that
q. The Agency agrees to grant official time, travel and per diem for a minimum
of two UPTO negotiators, if otherwise in a duty status, for attendance at
Impasse Hearings. If the Agency has more than two representatives in
attendance, the number of UPTO representatives on official time and travel
and per diem will be equal in number to the Agency.
r. The Agency shall ensure that the Union has access to all applicable
regulations and other reference material maintained by the Agency. The
Agency shall also afford Union reasonable access to Corps facilities (e.g.,
copier, library, telephones) for the purpose of discharging the Union’s
obligation to bargain in good faith.
s. The Agency agrees to pay the travel and per diem expenses incurred by up
to five Union negotiators, who are Agency employees, in accordance with
applicable travel regulations, for time spent in negotiations as follows:
1. 100% reimbursement for the first two weeks of negotiations.
2. 50% reimbursement of expenses for the third and fourth weeks of
3. No reimbursement of expenses for negotiations beyond the fourth
t. If final agreement on the contract is not reached prior to the beginning of
the fourth week of the negotiation sessions, the parties shall request the
assistance of a mediator from the FMCS, or any other mutually agreed
procedure, to resolve the impasse(s) then existing. The parties agree to use
their best efforts to persuade such a mediator not to schedule or request
negotiations past the fourth week.
u. It is agreed that elements of these ground rules may be modified, added to,
or deleted from by mutual agreement of the parties.
OTHER EXISTING AGREEMENTS
- OUTSIDE THE CBA -
MOUs, MOAs, “UNDERSTANDINGS”
The parties have made opposing and contradictory proposals regarding other
existing agreements; verbal or written, Local (by Project), or Division-wide,
MOUs, MOAs, etc. that exist in addition to the terms of the main agreement.
The Agency’s proposal is that only three agreements, the Arc Flash Policy, the
Critical Cyber Assets Personnel Risk Assessment Program, and the agreement for
Army Drug-Free Workplace Civilian Drug Testing Program survive the renewal of
the contract. All others will be void upon renewal.
Conversely, the Union propose: “all existing agreements outside this CBA will
stand alone and continue in force (i.e., Partnership, Regional Hydropower Training
Agreement, [other] settlements, etc.),” and, “for either party to terminate any
agreement outside this CBA requires the same process that was used to get the
agreement in the first place – bargaining to the extent required by law.”
In the bargaining, while numerous and various “side” agreements were alluded to,
neither party demanded nor offered to provide a comprehensive list of the existing
“agreements” that have been made over the years, and are currently held to be
continuing and binding agreements.
My recommendation is that the Parties make a good faith effort to produce any and
all agreements that they believe to be in effect and desire to continue into a new
All of these “Agreements” should be dealt with by employing the principle of
“Past Practice”: if the agreement has been known and accepted by the parties
without a timely proposal to rescind, the agreement continues in effect unless some
aspect of the new CBA negates the agreement or practice. And barring a negotiated
change or a demonstrated conflict with some subsequent agreement, policy,
regulation, or statute, the old agreement survives the contract renewal.
The Parties’ newly-adopted “Med/Arb” process (new Article 5.11) could be a well-
suited vehicle to accomplish the task of sorting out the important issue of
identifying and (ideally) reaching at least an understanding, if not agreement, on
the status of the “side” agreements.
PROPOSED NEW ARTICLES
During the negotiations, both parties proposed new articles on subject matter not
covered by the current contract.
The Agency proposed:
New Article X - Dispute Resolution – regarding data requests and
procedures outside the grievance process, i.e., Privacy Act, Discrimination,
and MSPB appeals
New Article XX regarding ground rules for I & I negotiations
New Article XXX – Effect of Law, Regulation, Policy, and Practices
The Union proposed new articles on:
Debt Collection from employees for Agency overpayment of pay or
Travel – including use of and issues involving Government travel charge
Labor-Management Forums – the parties recently abrogated a “Partnership
Agreement” in effect since 2003-04
It would be well if a new Labor-Management Forum agreement could be
negotiated and put in place, but the current “climate”/labor-management
relationship will have to improve in order to accomplish it.
In the limited time I spent with the parties, there was little discussion on these new
articles. I do know that all of the proposed new articles were emphatically rejected.
Considering that I know little of the history or significance of these issues, I will
not address them further in my report.
My recommendation is that none of the “New” Articles be included in the
Agreement at this time.