Article 3 Employee Rights

Significant Changes

Employees are entitled to reasonable amounts of administrative time to confer with the Union with respect to any matter covered by this Agreement. If the anticipated absence is greater than 30 minutes then the employee must notify their leave approving official.

Article 4 Management Rights

Management has the right to

• Determine the mission, budget, organization, number of employees, and internal security practices of DOE Headquarters.
• Ask union stewards to do the work of the organization prior to that of NTEU.

Article 5 NTEU Rights

NTEU has the right to

• Be represented at any formal discussion between Employer and it’s bargaining unit employee’s
• Represent employees in bargaining unit matters for which NTEU is the exclusive representative
• Designate individuals to represent and speak on behalf of NTEU

Article 7 Official Time

Significant Changes

• Establishes a request form for official time (Appendix B of CBA)

NTEU representatives must request official time from their leave approving official by completing the Official Time Request and Report Form

Employee’s are required to request administrative time, but are not required to complete the form in Appendix B

Defines OPM categories for tracking use of official time

• Establishes procedure for addressing official time disputes
• DOE Headquarters LR and NTEU will attempt to resolve any disputes

Any disputes that are not mutually resolved between the LR and NTEU may be referred to mediation, or Arbitration

• Provides for discussions between "virtual 100%" officers and their supervisors on estimated workload & time needs

Article 8 Facilities and Services

Significant Changes

• Differentiates between information which constitutes official union communication, as opposed to information subject to FOIA requests made of the agency.
• Allows for hyperlink in DOE 1^st tier home pages to NTEU sites

Article 10 Polygraph

Significant Changes

• Former article (unfair labor practices) deleted.
• New article requires impact and implementation negotiation if polygraph testing is extended to bargaining unit employees

Article 11 Grievances

Significant Changes

• Redefines first step as lowest level with authority to remedy grievance

Parties (employees, NTEU and the Employer) are encouraged to resolve grievances

• Introduces voluntary, formal mediation/fact finding at step one

Neutral party examines facts, and issues recommendation if grievance is not resolved.

Deciding official decision addresses grievance     and recommendation

Deciding official can grant or deny remedy, accept or reject recommendation, or propose an alternate remedy

• Allows for appeal to 1^st tier Organization Head if matter is not resolved by 3^rd step; no requirement by organization head to meet or respond
• NTEU’s right to invoke arbitration begins 10 workdays after filing the appeal, or 15 workdays after receipt of 3rd step decision
• Allows for review and analysis of grievance process, and subsequent negotiation and implementation of improvements

Key Points of Article

• Grievance is defined as any complaint by any bargaining unit employee, NTEU on behalf of any bargaining unit employee or the Employee concerning any matter relating to the employment of the employee
• Grievances must be in writing and delivered to the step one Deciding Official and to DOE Headquarters Labor Relations Services
• Aggrieved employees affected by discrimination, a removal or performance based reduction in grade, or other adverse actions, may use either the statutory appeal procedure or the grievance procedure, but not both.
• Grievances may be initiated by bargaining unit employees singly or jointly with NTEU, NTEU on behalf of employees or by the Employer on their own behalf
• Grievances must be filed in writing within 15 workdays of the act or occurrence being grieved

Article 14 Partnership

Significant Changes

• HQ committed to re-establishing existing partnership with NTEU
• Dialogue within partnership structure should be open and fairly unrestricted
• Negotiations should be interest-based, collaborative and allow for exchange of ideas, issues and concerns before final decisions are made
• Process for resolving disputes that may arise should be mutually agreed to

Article 15 Position Classification

• Employees can review their position descriptions for accuracy and provide comments or recommendations to their immediate supervisor
• Position description should accurately reflect the major duties of the employee
• Employer will inform NTEU when changes in position classification standards result in classification changes

Article 17 Performance Standards

• Performance standards are established to allow periodic appraisal of employee's performance
• Performance elements are in writing and consistent with actual duties and responsibilities
• Elements will be designated in writing as critical or non-critical
• Rating and reviewing official must sign standards before presenting them to employees
• Employees are to be notified in writing of any changes, additions, or deletions to elements and performance standards
• Elements are to be developed within 30 days of the beginning of the evaluation year or within 30 days of any events that change the employee's current standards and elements

Article 18 Performance Appraisal

• Performance is based on accomplishments during the rating period and not on prior ratings
• Employee's must receive at least two progress reviews during the annual appraisal year

Reviews are conducted between rating official and the employee only, but other parties may attend if both parties agree before hand

• Periodic reviews are not grievable
• Written documentation used by the employer should be provided to the employee within 1 week of its development if it could have an effect on the employees appraisal

Documentation should be shared with the employee prior to the appraisal being issued

• Appraisal is effective the date it is signed by the reviewing official and communicated to the employee by the rating official
• Appraisal may be challenged by employee within 15 work days of issuance

 

Article 19 Merit Promotion

Significant Changes

• Vacancy announcements are to be open for a minimum of 10 working days
• Deletes grade distinction for initial area of consideration (HQ wide)
• Allows for requests for waiver of initial area of consideration (i.e., larger or smaller)
• Waiver must be responded to positively in order to be effective
• Allows for extension of initial area of consideration if essentially the same position was announced within the previous year and the area had to expanded at that time
• Personnel will maintain an inventory of panel members and subject matter experts to draw from
• Clarifies roles and responsibilities of panel members
• Allows for crediting plans to be described in 3 to 5 levels,
• Allows for 2 thirty day extensions of selection certificates

Article 20 Details and Temporary Promotions

Significant Changes

• Clarifies definition of details

Detail: a temporary assignment for a specific period of time of a bargaining unit employee to a set of duties and responsibilities, within the bargaining unit, different from the ones permanently assigned

• Limits details to higher graded positions where employees are not eligible for temporary promotions to 120 days
• Employee's who perform in a higher graded position may be eligible for an award
• Requires details to higher graded positions where employees are eligible for promotions to be conducted in accordance with merit promotion principles

Details to higher graded positions or to positions with known promotion potential should be filled through competitive procedures of Article 19

Key Points of Article

• Detail may be at an equal, higher or lower level

No adverse impact for employees detailed at a lower level

• Details lasting longer than 30 days are to be documented by SF-52, Request for a Personnel Action
• Details to higher graded positions where the employee is not eligible for a temporary promotion will not exceed 120 days
• Employer shall notify NTEU chapter president of any details to unclassified duties that exceed 120 days

Article 21 Reassignments

• Employees may request reassignments at any time

Employer is obligated to consider the request but not to grant the reassignment

 

Article 22 Reduction in Force

Significant Changes

• Requires labor management committee in affected organization

RIF mitigation efforts

Information exchange (information provided to NTEU with RIF related information as soon as it's available, even if not in final form)

• "Mock" RIF results to be provided to NTEU
• Captures and formalizes all prior outplacement efforts, such as CTAP, CMRC, and EAP Services
• Eliminates 3 week notice requirement to NTEU

Still allows NTEU to submit proposals on matters not covered in CBA

 

Article 24 Overtime and Compensatory Time

Significant Changes

• No more than 80 hours of compensatory time can be carried over from one pay period to another
• Compensatory time must be used before annual leave
• All unused compensatory time (now limited to 80 hours) as of the end of 26 pay periods will be paid as overtime

Key points of article

• Records of overtime worked and declined will be maintained by the Employer
• Overtime is not to be used to permanently correct staffing imbalances
• Employees may elect to be paid overtime worked or to be granted compensatory time, unless they must be paid under FLSA

 

Article 25 Alternative Work Schedule

Significant Changes

• Re-established 5/4/9 and initiates 4/10 programs
• Work load requirements restricting AWS must be identified, specific and documented
• Work days commence no earlier than 6:00 am and end no later than 6:00 pm
• Disputes will be addressed in Article 11; if not resolved in step one process than it may be appealed to arbitration
• Arbitrator will issue a binding bench decision after hearing the case
• Introduces AWS Suspension memo

In cases of abuse of time and attendance procedures

Suspension from AWS participation for specific period of time not to exceed 6 months

Key points of Article

• Extended temporary duty elsewhere (e.g. court leave, travel, training)

Leave approving official will determine if the employee can remain on AWS, after discussion with employee

• Employer determines which positions are covered in either program
• Employer will attempt to accommodate the employee’s choice of days off;

Employer considers employee’s needs or hardships when deciding an employee’s choice of days off

Conflicts, where workload demand issues arise are resolved on the basis on length of federal service

• Employer may temporarily suspend operations of AWS program

Suspension based on workload emergencies- workload requirements must be identified, specific and documented

• Employees may temporarily switch their AWS day with prior approval

 

Article 27 Absence and Leave

Significant Changes

• Voice mail notification to supervisor of unexpected leave is acceptable unless specifically prohibited by supervisor
• Medical information treated in a more confidential manner, employee may also request that medical information be reviewed by Headquarters Medical Officer only

Information can be submitted in a sealed envelop to the immediate supervisor, who will forward it to the Employee and Labor Relations Division for appropriate medical review and recommendation

• Includes FFLA and FMLA provisions
• Clarifies leave restriction in cases of abuse

Key points of article

• Request for leave will be approved/disapproved as soon as possible but no later than 10 workdays following receipt
• Annual leave cannot be denied for reasons other than those concerning the employee’s and/or the office’s work situation
• Approved leave cannot be rescinded, unless there is a significant unanticipated change in the employee’s and/or office’s work situation
• Leave can not be disapproved as a form of disciplinary action
• Sick leave is an employee benefit, to be used for illness, injury, medical appointments and some circumstances involving contagious diseases
• Medical certificate for absences of three consecutive days

Information concerning employees health or sick leave is not to be shared unless the requested by employee

• Employees suspected of abusing sick leave will be counseled and reasons considered before it is determined that the employee has actually abused sick leave

If counseling fails, a written warning is issued

If written warning fails, the employee is placed on leave restriction for 6 months

• Employees can visit health unit for brief periods of illness, but leave approving officials must be notified in advance
• Employees are not required to submit doctor’s certificates for chronic conditions previously documented
• Employees entitled to a total of 12 weeks unpaid leave during any 12 month period for (a) birth of a child or care of the newborn (b) placement of a child with employee for adoption or foster care (c) care of spouse, child or parent with serious health problem (d) serious health condition of employee
• Employee returns to same or equivalent position with equivalent benefits, pay, status, and terms of conditions
• Employees may use up to 104 hours (13 days) of sick leave each year to care for family member (spouse, spouse's parents, children and their spouses, parents, siblings, any individual related by blood or whose close association with employee is equivalent to that of a family relationship)

To use more than 40 hours, an employee must maintain a sick leave balance of 80

 

Article 29 Employee Awards

Significant Changes

• Requires reward pools within each program office to be the same percentage for all but SES employees
• Expands quarterly awards report from Employee and Labor Relations to include all monetary awards
• Report includes both bargaining and non-bargaining unit employees, the amount and basis of the award

 

Article 32 Health and Safety

Significant Changes

• Provides availability of first aid kits in the self service supply store or as special order
• Requires better notification of CPR and first aid training

Notification via DOECAST and schedules posted on DOE intranet

Current list of employees trained will be posted and annually updated electronically

• Request for temporary assignments while recuperating from illness or injury to be dealt with as outlined in the Article 27.03 D

Employees may voluntarily submit a written request to their supervisor for temporary assignment of duties; requests must contain documentation which addresses medical basis for and the expected length of proposed medical assignment

 

Article 33 Employee Assistance Program

• Program designed to assist employees experiencing difficulties in various areas including alcoholism, drug abuse or emotional problems
• Employer should encourage employees who are experiencing difficulties to enroll in program as soon as it’s apparent that employee is experiencing difficulties
• Participation in the program should be taken into consideration before corrective measures are taken for poor performance

 

Article 34 Travel

Significant Changes

• Establishes a labor-management travel committee

Addressees HQ issues related to changes in travel procedures

Mandates use of government travel card

• Provides the development of a gainsharing pilot

Rewards employees who save the agency money on lodging and airline tickets (e.g. Employee uses their frequent flyer miles and will receive a cash award equivalent to 50% of those savings

Travel committee will evaluate pilot and also make recommendations for improvements

 

Article 43 Disciplinary Actions

• Includes oral and written reprimands, letters of warning, and suspensions of 14 days or less

Letters of reprimand placed in OPF for a time period not to exceed 1 year

Letters of warning not placed in OPF, but maintained by supervisor for no longer than 1 year

• Progressive discipline is concept agreed to by parties

Objective is to correct and improve employee’s behavior not to punish 

• Procedures for disciplinary actions more serious than a reprimand

Written proposal prior to action being taken, specific reasons stated in detail

Employee has the right to review all material relied upon in written proposal

Employee has 10 workdays to deliver an oral or written reply

Final decision is made by a higher level official than the one that proposed actions, letter must state which charges are sustained and what the corrective action will be

Employer must consider mitigating (Douglas Factors) and aggravating circumstances

Decision letter can be grieved within 15 workdays of receipt under the negotiated grievance procedures in Article 11

Grievance should be filed with higher level official than the Deciding Official

 

Article 44 Adverse Actions

• Defined as a suspension for more than 14 days, reduction in grade or pay, furlough for 30 days or less, or removal
• By nature of their appointment, employees on probationary or temporary appointments are not entitled to a proposed notice of action or to grievance/arbitration procedures for removal actions
• Employee will be given 30 days notice in all cases by a proposing official
• Employee has the right to review all material relied upon to support action

Right to union representation

NTEU will receive a copy of the proposal

Employee has an opportunity to give an oral or written reply, not less than 10 workdays after notice is received

Employer must consider mitigating (Douglas Factors) and aggravating circumstances

Final decision is made by a higher level official than the one that proposed actions, letter must state which charges are sustained

NTEU will receive a copy of any decision letters

Employee may appeal through the MSPB or NTEU may directly invoke arbitration

 

Article 45 Performance-Based Actions

Significant Changes

• Allows for the employee to be represented during the PIP meeting
• Acknowledges that the meeting is not a grievance meeting, nor is the matter grievable
• Allows the employee to submit a written rebuttal to the PIP

Key points of article

• Supervisor keeps employee informed of their performance on a continuous basis

Employee should be notified as soon as their performance slips below Level 2 in a critical element

Supervisor should provide guidance and assistance to help improve employee’s performance

• Steps for this article do not constitute a grievance
• Supervisor must issue a PIP before proposing to take action against employee
• Employee has 90 calendar days from receipt of PIP to improve unacceptable performance
• Employee must be made aware of which critical elements are performed unacceptably

Specific instances of poor performance identified, documented and provided to employee

The PIP must also state what the employee has to do to improve performance

• Employee has no later than 10 workdays to give a written and/or oral reply to the PIP
• 30 day notice period is given for employees whose performance doesn’t improve during the PIP

Management proposes removal or reduction in grade

Employee may reply to proposed action orally and/or in writing, no later than 10 work days after notice period

Employee has right to representation

• NTEU will receive sanitized copies of advance notice letters that are issued

 

Article 47 Flexiplace

Significant Changes

• Deletes reference to pilot program and other restrictions, making participation subject to work load requirements
• Incorporates Family Friendly Leave Provisions
• Formalizes medical flexiplace process
• Adopts medical information process from Absence and Leave article
• Adopts expedited grievance process from AWS article
• Disputes will be addressed in Article 11, if not resolved in step one process than it may be appealed to arbitration
• Arbitrator will issue a binding bench decision after hearing the case

Key Points of Article

• Defined as a work arrangement that permits an employee to work at home or at another approved work site away from his or her traditional work site
• Participation should not adversely affect the agency’s missions
• Participants can work a full or portion of a day
• Employees applying for participation must develop a plan identifying  type of work to be performed
• Management has authority to approve or deny requests for specific reasons
• Criteria to participate in flexiplace program

With the agency for 1 year

In first tier organization for more than six months

Performance not below a Level 2

Employee has not received any disciplinary/adverse actions within the last six months that would impact the integrity of the program

Employee should have suitable work to do on flexiplace, as approved by management

Article 48 Notification Procedures

Significant Changes

• Limits article to reorganizations and relocations only

All other matters for which bargaining obligations exist will have time frames for submission of proposals tailored to specific issues

• Office space allocation based on work demands and work flow, then employee selection is based on the following order:

  Full Time Status

  Grade

  Time in grade

  DOE seniority

  Service Computation Date

  Flip of the coin

  Part time status

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