Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement C1
Master Agreement
Between the
Department of
Veterans Aairs
and the
American
Federation of
Government
Employees
2023
August 8, 2023
C2 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
Page Intentionally Le Blank
Master Agreement Between the
Department of Veterans Aairs
and the
American Federation of Government
Employees
2023
Page Intentionally Le Blank
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement i
Table of Contents
DEDICATION ................................................................................................................................... 1
PREAMBLE ...................................................................................................................................... 2
INTRODUCTION
ARTICLE 1 - RECOGNITION AND COVERAGE ............................................................................. 3
ARTICLE 2 - GOVERNING LAWS AND REGULATIONS ................................................................ 6
LABOR-MANAGEMENT COLLABORATION
ARTICLE 3 - LABOR-MANAGEMENT COOPERATION ................................................................. 7
ARTICLE 4 - LABOR-MANAGEMENT TRAINING ........................................................................... 10
ARTICLE 5 - LABOR-MANAGEMENT COMMITTEE ...................................................................... 15
ARTICLE 6 - ALTERNATIVE DISPUTE RESOLUTION ................................................................... 16
ARTICLE 7 - QUALITY PROGRAMS .............................................................................................. 19
APPENDIX A ................................................................................................................................... 30
EMPLOYEE RIGHTS AND PRIVILEGES
ARTICLE 8 - CHILD CARE .............................................................................................................. 31
ARTICLE 9 - CLASSIFICATION ...................................................................................................... 33
ARTICLE 10 - COMPETENCE ........................................................................................................ 36
ARTICLE 11 - CONTRACTING OUT ............................................................................................... 37
ARTICLE 12 - DETAILS AND TEMPORARY PROMOTIONS .......................................................... 38
ARTICLE 13 - REASSIGNMENT, SHIFT CHANGES, AND RELOCATIONS .................................. 42
ARTICLE 14 - DISCIPLINE AND ADVERSE ACTION ..................................................................... 46
ARTICLE 15 - EMPLOYEE ASSISTANCE ....................................................................................... 50
ARTICLE 16 - EMPLOYEE AWARDS AND RECOGNITION ........................................................... 52
ARTICLE 17 - EMPLOYEE RIGHTS ............................................................................................... 56
ARTICLE 18 - EQUAL EMPLOYMENT OPPORTUNITY ................................................................. 62
ARTICLE 19 - FITNESS FOR DUTY ............................................................................................... 69
ARTICLE 20 - TELEWORK .............................................................................................................. 72
ARTICLE 21 - HOURS OF WORK AND OVERTIME ....................................................................... 81
ARTICLE 22 - INVESTIGATIONS .................................................................................................... 92
ARTICLE 23 - TITLE 5 MERIT PROMOTION .................................................................................. 94
ARTICLE 24 - OFFICIAL RECORDS ............................................................................................... 108
ARTICLE 25 - OFFICIAL TRAVEL ................................................................................................... 110
ARTICLE 26 - PARKING AND TRANSPORTATION ........................................................................ 115
ARTICLE 27 - PERFORMANCE APPRAISAL ................................................................................. 117
ARTICLE 28 - REDUCTION IN FORCE .......................................................................................... 130
ARTICLE 29 - SAFETY, HEALTH, AND ENVIRONMENT ............................................................... 137
ARTICLE 30 - OCCUPATIONAL HEALTH ....................................................................................... 164
ARTICLE 31 - SILENT MONITORING ............................................................................................. 169
ARTICLE 32 - STAFF LOUNGES .................................................................................................... 170
ARTICLE 33 - TEMPORARY, PART-TIME, AND PROBATIONARY EMPLOYEES ......................... 171
ARTICLE 34 - JOB SHARING ......................................................................................................... 178
TABLE OF CONTENTS
ii Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
Employee Rights and Privileges (continued)
ARTICLE 35 - TIME AND LEAVE .................................................................................................... 180
ARTICLE 36 - TIMELY AND PROPER COMPENSATION ............................................................... 199
ARTICLE 37 - TRAINING AND CAREER DEVELOPMENT ............................................................ 200
ARTICLE 38 - UNIFORMS .............................................................................................................. 203
ARTICLE 39 - UPWARD MOBILITY ................................................................................................ 205
ARTICLE 40 - WITHIN-GRADE INCREASES AND PERIODIC STEP INCREASES ..................... 207
ARTICLE 41 - WORKERS’ COMPENSATION ................................................................................. 213
UNION RIGHTS AND PRIVILEGES
ARTICLE 42 - AFFILIATIONS ......................................................................................................... 218
ARTICLE 43 - GRIEVANCE PROCEDURE ..................................................................................... 219
ARTICLE 44 - ARBITRATION .......................................................................................................... 225
ARTICLE 45 - DUES WITHHOLDING ............................................................................................. 227
ARTICLE 46 - LOCAL SUPPLEMENT ............................................................................................ 231
ARTICLE 47 - MID-TERM BARGAINING ........................................................................................ 233
ARTICLE 48 - OFFICIAL TIME ........................................................................................................ 236
ARTICLE 49 - RIGHTS AND RESPONSIBILITIES .......................................................................... 241
ARTICLE 50 - SURVEILLANCE ...................................................................................................... 245
ARTICLE 51 - USE OF OFFICIAL FACILITIES ............................................................................... 246
TITLE 38
ARTICLE 52 - TITLE 38 ADVANCEMENT ....................................................................................... 251
ARTICLE 53 - CLINICAL RESEARCH ............................................................................................. 252
ARTICLE 54 - TITLE 38 NURSE PAY/SURVEY .............................................................................. 253
ARTICLE 55 - VHA PHYSICIAN AND DENTIST PAY ...................................................................... 255
ARTICLE 56 - TITLE 38 HYBRIDS .................................................................................................. 263
ARTICLE 57 - PHYSICAL STANDARDS BOARD ........................................................................... 272
ARTICLE 58 - PROFESSIONAL STANDARDS BOARD ................................................................. 275
ARTICLE 59 - PROFICIENCY ......................................................................................................... 276
ARTICLE 60 - TITLE 38 REPRESENTATION AT BOARDS OR HEARINGS .................................. 277
ARTICLE 61 - TITLE 38 VACANCY ANNOUNCEMENTS ............................................................... 278
ARTICLE 62 - VETERANS CANTEEN SERVICE ............................................................................ 279
GENERAL PROVISIONS
ARTICLE 63 - RESEARCH GRANTS .............................................................................................. 281
ARTICLE 64 - RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS ........................... 282
ARTICLE 65 - WAGE SURVEYS ..................................................................................................... 283
ARTICLE 66 - TECHNOLOGY FOR ADMINISTERING, TRACKING, AND MEASURING VBA
WORK .............................................................................................................................................. 284
ARTICLE 67 – SKILLS CERTIFICATION ........................................................................................ 286
DURATION OF AGREEMENT ......................................................................................................... 290
SIGNATURE PAGE ......................................................................................................................... 291
INDEX .............................................................................................................................................. 292
TABLE OF CONTENTS
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 1
DEDICATION
This Agreement is dedicated to the AFGE National VA Council President Alma L. Lee.
As the Council’s Chief Negotiator for the 1997, 2011, and 2023 Master Agreements,
President Lee has dedicated her career to improving the lives of VA employees and
fostering a strong labor-management partnership at the VA.
This Agreement symbolizes VA and AFGE’s hard work, dedication, and commitment
to the VA and our shared focus on improved outcomes for Veterans.
The negotiators of this Agreement hope it will help to create unity and respect across
our great VA.
DEDICATION
2 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
PREAMBLE
Section - 1
This Master Agreement is made between the Department of Veterans Aairs (the
Department) and the American Federation of Government Employees (AFGE)
National Veterans Aairs Council of Locals (the Union).
Section - 2
The Department and the Union agree that a constructive and cooperative
working relationship between labor and management is essential to achieving the
Department’s mission and to ensuring a quality work environment for all employees.
The parties recognize that this relationship must be built on a solid foundation of trust,
mutual respect, and a shared responsibility for organizational success. Therefore,
the parties agree to work together using partnership principles, Labor-Management
Forums, and the Master Agreement to identify problems and craft solutions, enhance
productivity, and deliver the best quality of service to the nation’s veterans.
PREAMBLE
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 3
ARTICLE 1 - RECOGNITION AND COVERAGE
Section 1 - Exclusive Representative
AFGE is recognized as the sole and exclusive representative for all of those
previously certied nonprofessional and professional employees, full-time, part-time,
and temporary, in units consolidated and certied by the Federal Labor Relations
Authority (FLRA) in Certicate No. 22-08518 (UC), dated February 28, 1980, and
any subsequent amendments or certications. The parties agree that should AFGE
request the FLRA to include subsequently organized employees in the consolidated
unit, such FLRA certication will not be opposed by the Department if the unit would
otherwise be considered an appropriate unit under the law. Upon certication of
FLRA, such groupings automatically come under this Agreement.
Section 2 - AFGE Role
As the sole and exclusive representative, the Union is entitled to act for and to
negotiate agreements covering all employees in the bargaining unit. The Union is
responsible for representing the interests of all employees in the bargaining unit.
Section 3 - Employee Representation
A. The Department recognizes that, as the exclusive representative of
employees in the bargaining unit, the Union has the right to speak for and to
bargain on behalf of the employees it represents. The Department will not
bypass the Union by entering into any formal discussions or agreements with
other employee organizations or bargaining unit employees concerning all
matters aecting personnel policies, practices, or working conditions. The
Department will not assist or sponsor any labor organization other than AFGE
in any matter related to grievances, collective bargaining, or conditions of
employment of employees in the AFGE bargaining unit.
B. Pursuant to 5 USC 7114(a)(2)(A), an exclusive representative of an
appropriate unit in an agency shall be given the opportunity to be represented
at any formal discussion (including those held with other employee
organizations) between one or more representatives of the agency and
one or more employees in the unit or their representatives concerning any
grievance or any personnel policy or practices or other general condition of
employment.
C.
The Department’s consultations and dealings with other employee
organizations
shall not assume the character of negotiations concerning
conditions of
employment in the AFGE bargaining unit.
INTRODUCTION | ARTICLE 1 - RECOGNITION AND COVERAGE
4 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
Section 4 - Unit Clarication
A.
The Union will be predecisionally involved in bargaining unit determinations
for position changes and establishment of new positions. When a position
changes, and the parties do not agree over whether the position(s) is/are
inside or outside the unit, the parties are encouraged to utilize the Alternate
Dispute Resolution (ADR) process. If still unresolved, either party may le a
Clarication of Unit (CU) petition with the FLRA. If the position previously has
been in the bargaining unit, the employee and/or position will remain in the
bargaining unit until a decision is issued on the petition.
B. If after predecisional involvement, the Department determines that a new,
unencumbered position is outside the bargaining unit, the parties are
encouraged to rst attempt to resolve any disagreements through ADR
methods. If no agreement is reached, the Union may le a CU petition
through the FLRA.
C. The Department and the Union are encouraged to mutually decide CU issues
and develop a system to communicate these decisions.
Section 5 - Elections and Extensions of Represented Facilities
A. Whenever a CU or election petition is led by either party, the ling party
will send copies of the petition to the AFGE National Oce at Membership
and Organizing Department, 80 F Street, NW, Washington, DC 20001-1583
and to the Department at The Oce of Labor-Management Relations
(LMR), 810 Vermont Street, NW, Washington, DC 20420.
B. If employees are drawn from an existing facility and assigned to an
unrepresented Community Based Outpatient Clinic (CBOC) (or similar
entity) under the administrative control of the originating facility, and AFGE
is the exclusive representative of all employees at the originating facility, the
Department will not oppose any AFGE petition to represent employees who
are assigned to that CBOC.
C. If an unrepresented CBOC (or similar entity) is staed by new employees,
and is under the administrative control of a facility entirely represented
by AFGE, the Department will not oppose any AFGE election petition to
represent employees who are assigned to the CBOC (or similar entity).
Section 6 - Bargaining Unit Lists
A. Once per calendar year, upon request, the Department will provide to the
Union, to the extent available in an existing automated database, listings
of bargaining unit employee names, job titles, series, professional or
non-professional status, service, work location, and duty station.
INTRODUCTION | ARTICLE 1 - RECOGNITION AND COVERAGE
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 5
B. Twice per calendar year, upon request, a eld facility will provide the local
union, to the extent available in an existing automated database, listings
of bargaining unit employee names, job titles, series, professional or
non-professional status, service, work location, and duty station.
C. If the Department is temporarily unable to comply with the Union’s request
made under either A or B, it will immediately notify the Union of when the
information will be available.
Section 7 - Certication
The Department and the AFGE National Oce will meet annually to discuss and
review the accuracy of the AFGE certication and jointly request that the FLRA update
the certication as necessary.
INTRODUCTION | ARTICLE 1 - RECOGNITION AND COVERAGE
6 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 2 - GOVERNING LAWS AND REGULATIONS
Section 1 - Relationship to Laws and Regulations
In the administration of all matters covered by this Agreement, ocials and employees
shall be governed by applicable federal statutes. They will also be governed by
government-wide regulations in existence at the time this Agreement was approved.
Section 2 - Department Regulations
Where any Department regulation conicts with this Agreement and/or a
Supplemental Agreement, the Agreement shall govern.
INTRODUCTION | ARTICLE 2 - GOVERNING LAWS AND REGULATIONS
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 7
ARTICLE 3 - LABOR-MANAGEMENT COOPERATION
Section 1 - Guidance
The parties agree that the following sections should be interpreted as suggestions,
not prescriptions.
Section 2 - History
A.
Since the inception of 5 USC Chapter 71, cooperation and communication
have been and remain goals of labor-management relations. The
implementation and maintenance of a cooperative working relationship between
labor and management known as “Partnership” was established by Executive
Order 12871 and a Presidential Memorandum dated October 28, 1999. The
Order and the Memorandum were revoked by Executive Order 13203 in 2001.
B. In December, 2009, Executive Order 13522 was issued, creating
Labor-Management Forums. Pursuant to the spirit of that Executive Order
and this Master Agreement, the Department shall allow employees and their
Union representatives to have predecisional involvement in all workplace
matters to the fullest extent practicable, without regard to whether those
matters are negotiable subjects of bargaining under 5 USC 7106; provide
adequate information on such matters expeditiously to Union representatives
where not prohibited by law; and make a good-faith attempt to resolve issues
concerning proposed changes in conditions of employment, including those
involving the subjects set forth in 5 USC 7106(b)(1), through discussion in its
Labor-Management Forums.
Section 3 - Purpose
While the parties are no longer required by Presidential Executive Order to engage
in Partnership, the desire and intent in this Article is to describe and encourage
eective labor-management cooperation. The Department and the Union are
committed to working together at all levels to improve service to veterans, ensure a
quality work environment for employees, and eect a more ecient administration
of VA programs. The parties support and encourage cooperative labor-management
relationships at all levels.
Section 4 - Principles
Labor-management cooperation is premised on open communication between
Union and Department ocials. Because dierent approaches may eectively foster
communication in dierent settings, specic methods for cooperation will be jointly
determined by the aected parties. Normally, these eorts should be guided by the
following principles:
LABOR-MANAGEMENT COLLABORATION | ARTICLE 3 - LABOR-MANAGEMENT COOPERATION
8 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
A. Cooperation;
B. Mutual respect;
C. Open communication and sharing of information at all points along the
decision-making process;
D. Trust;
E. Eciency;
F. Consideration of each other’s views and interests;
G. Identication of problems and workable solutions;
H. Understanding of, and respect for, the dierent roles that the Department and
the Union can play in achieving mutual goals; and,
I. Minimizing or eliminating collective bargaining disputes.
Section 5 - Scope
A. In a cooperative labor-management relationship, the parties may discuss any
topic, including:
1. Matters involving personnel policies, practices, and working conditions;
2. Numbers, types, and grades of employees as well as methods, means
and technology of work; and,
3. Participation on labor-management committees.
B. If an agreement is reached using cooperative methods, by mutual consent
the parties may choose to fulll the collective bargaining obligation through
such cooperation.
Section 6 - Training
To promote eective labor-management relationships, the parties may determine
the need for, and identify, appropriate training. Some types of training that may
be appropriate include ADR, work process improvement, group dynamics, and
relationship by objectives.
LABOR-MANAGEMENT COLLABORATION | ARTICLE 3 - LABOR-MANAGEMENT COOPERATION
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 9
Section 7 - Use of Time
A. Where the parties establish a joint labor-management committee (forum)
under this article, union representatives will be on ocial time. This ocial
time will not be counted against any allocated ocial time as described in this
agreement.
B. In instances where sub-committees are established by this joint
labor-management committee, and the parties have determined that Subject
Matter Experts (SME) and/or union representatives are required, the Union
will notify the Department of the appointment of a person to participate
in sub-committee activities under this article and whether that person is
participating as a SME for which duty time would be appropriate or as a union
representative for which ocial time would be appropriate. If designated as
a union representative, that time will not be counted against any allocated
ocial time as described in this agreement.
C. To the extent possible, activities will be conducted during the normal duty
hours of the participants. Committee members will be compensated in
accordance with applicable law. Once an individual has been designated
by the Union to participate in cooperative labor-management activities, that
person will be made available for such participation.
Section 8 - Expenses
When activities are conducted under this article, the Department will bear the travel
and per diem expenses of bargaining unit members involved in that activity to the
extent permitted under the Federal Travel Regulations.
LABOR-MANAGEMENT COLLABORATION | ARTICLE 3 - LABOR-MANAGEMENT COOPERATION
10 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 4 - LABOR-MANAGEMENT TRAINING
Section 1 - Union Sponsored or Requested Labor-Management Relations
Training
A.
The parties agree that Union sponsored Labor-Management Relations
(LMR) training is of mutual benet when it covers appropriate areas
(examples are: contract administration, grievance handling and information
relating to federal personnel/labor relations laws, regulations, and
procedures). Training which relates to internal union business will not be
conducted or attended on ocial time.
B. Scheduling arrangements for the use of ocial time for training will be
determined locally. Department personnel responsible for work scheduling
will be given appropriate and adequate notice, to include specic agendas, of
scheduled LMR training for maximum attendance.
C. The amount and use of ocial time for LMR training, other than joint LMR
training, is an appropriate subject for local negotiation.
Section 2 - Joint Master Agreement Training
The parties will jointly provide Master Agreement training. The cost of the Master
Agreement joint training will be paid by the Department. Training will be done jointly;
however, this does not preclude additional training by each party. Any training
document will be prepared jointly.
Section 3 - Joint Labor-Management Training
A. Each eld facility will have a joint LMR training program. The ongoing
program will have equal representation between the Union and the
Department and decisions will be made by consensus consistent with
interest-based bargaining principles. The local joint LMR training activity
will develop a local LMR training plan which could consist of Interest-
Based Bargaining, Alternative Dispute Resolution (ADR), Quality Programs,
Cooperative LMR, communication skills, local supplements, district or
regional training, etc.
B. LMR training will be recorded in each employee’s individual training record.
C. Trainers appointed by the union will be on ocial time. This ocial time
will not be counted against any allocated ocial time as described in this
agreement. Attendees at joint labor management training will be on duty time.
LMR training will normally be presented jointly unless training is conducted
by a mutually agreed upon third-party. The parties may develop a joint
train-the-trainer/facilitator program.
LABOR-MANAGEMENT COLLABORATION | ARTICLE 4 - LABOR-MANAGEMENT TRAINING
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 11
D. Local facilities are encouraged to give recognition to individuals or groups
who materially advance the process of LMR training.
E. Normally, local facilities will ensure that appropriate resources are made
available at the local level for joint LMR training.
F. The parties are encouraged to share training materials or experiences to
nurture better LMR training.
G. The provisions of this article apply to joint training at all levels from local
through national.
Section 4 - Third-Party Sponsored Training
Third-party sponsored training may be considered duty time or ocial time, as appropriate.
Section 5 - National Joint Training and Education Committee Charter
A. Purpose
The national parties have jointly established a National Training and
Education Committee (NTEC) that will advise the Assistant Secretary for
Human Resources and Administration (HRA) on joint labor-management
training and education needs and will plan the development of agreed
upon national labor relations training programs. The NTEC will recommend
priorities and curricula for joint labor relations training and education to be
accomplished in the Department with a national focus.
B. Objectives:
1. To identify national labor relations training and education needs of
common interest to the Union, the Department, and the Administration;
2. To determine type and degree of joint training needed;
3. To determine the priorities for proposed national joint training;
4. To identify delivery methods for the proposed national joint training;
5. To recommend proposals to the Assistant Secretary for HRA and the
Administrations for national joint training and education activities;
6. To charter appropriate sub-groups (this will include guidance, resources,
and evaluation of nal products);
7. To develop a communication and marketing plan for national joint training;
8. To plan uniform and consistent national labor relations training for the
Union and
the Department;
LABOR-MANAGEMENT COLLABORATION | ARTICLE 4 - LABOR-MANAGEMENT TRAINING
12 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
9. To facilitate and encourage participation of all parties in labor relations
training and/or other educational programs, including facility requests for
joint labor relations training;
10. To evaluate the success of training programs accomplished and share
best practices;
11. To initiate needs assessments as appropriate to determine topics for joint
training;
12. To provide subject matter experts for developing curricula and serving as
faculty as needed;
13. To keep NPC advised of joint LMR training initiatives;
14. To allow any member of the NTEC to suggest an agenda item but the co-
chairs will establish the agenda; and,
15. To assure that Department participants on the NTEC will have the
authority to speak for their Administrations or sta oces.
C. Guiding Principles (Process Boundaries):
1. To ensure consistency with national goals of participating organizations;
2. To seek input/feedback from all organizations aected/involved;
3. To establish an atmosphere of mutual trust and respect;
4. To establish open and honest communications with a view toward
recognizing and addressing the interests of the parties;
5. To share information and responsibility;
6. To focus on global issues of interest at the national and local levels; and,
7. To ensure a One-VA approach to national joint labor relations training.
D.
Membership
1. NCA – 1 member
2. VHA – 1 member
3. VBA – 1 member
4. LMR – 1 member
5. OI&T – 1 member
6. EES – 1 member
LABOR-MANAGEMENT COLLABORATION | ARTICLE 4 - LABOR-MANAGEMENT TRAINING
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 13
7. AFGE – 6 members
8. AFGE support – 1 member (non-voting)
9. LMR support – 1 member (non-voting)
E. Structure and Decision Making Process:
1. There shall be six Department members and six Union members;
2. Co-chairpersons will represent the Union and the Department and will
serve for two years. The responsibility for chairing the meetings will be
rotated between the chairpersons;
3. The NTEC will meet quarterly;
4. Each year the NTEC will determine the agenda for the following year;
5. Conference calls will be scheduled every two months and additional calls
will be scheduled if needed;
6. The Department will fund the travel and per diem for meetings of the
NTEC;
7. The Union will commit members to participate on curriculum development
subgroups and to participate as instructors in joint training;
8. Decisions will be made by using the consensus approach that integrates
the interests of the parties (if consensus is not reached by the NTEC, the
chairs will attempt to resolve the dispute); and
9. Minutes will be recorded at each meeting and distributed to each member
for review and comment, and then distributed as appropriate.
F. Denitions:
1. Joint training - training agreed to by both parties.
2. National joint training - national labor relations training mutually agreed
to and developed by both the Union and Department to address mutual
needs/concerns.
3. National focus training and education - labor relations training which is
global in content to assure uniformity and consistency at all levels.
4. Intended audience of training and education - local union ocials,
stewards and representatives; Union national ocials; rst-level
supervisors, managers and executives; Human Resources Management
Ocers and specialists; and employees.
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14 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
G. Desired Outcomes:
1. More ecient use of resources through better collaboration and
coordination of training and education activities aecting the Union and
the Department;
2. Foster clear and eective communication mechanisms between the Union
and the Department to ensure better collaboration;
3. Improve the relationship between the Union and the Department through
collaborative and coordinated training and education activities;
4. Maximize participation in joint training and education at all levels;
5. Improve access to labor relations training at all levels; and,
6. Develop outcome measures to demonstrate success.
H. Additions:
The NTEC may add to this section, by mutual agreement.
LABOR-MANAGEMENT COLLABORATION | ARTICLE 4 - LABOR-MANAGEMENT TRAINING
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 15
ARTICLE 5 - LABOR-MANAGEMENT COMMITTEE
There shall be a joint Labor-Management Relations Committee which shall meet twice
a year in Washington, normally approximately six months apart, for up to a maximum
of three days. The Department will authorize ocial time (if otherwise in a duty status)
and travel and per diem for the ve National Veterans Aairs Council Ocers, fteen
District Representatives, ve National Safety and Health Representatives, and twelve
National Representatives, or alternates, for participation in these meetings. The
parties will exchange agenda items suciently in advance so that arrangements can
be made for appropriate representation. The Union will provide the Department with
the names of the Union designated representatives as far in advance as possible but
no later than three weeks in advance of the meeting so that ocial time, travel, and
per diem may be arranged.
LABOR-MANAGEMENT COLLABORATION | ARTICLE 5 - LABOR-MANAGEMENT COMMITTEE
16 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 6 - ALTERNATIVE DISPUTE RESOLUTION
Section 1 - Commitment
The Department and the Union are committed to the use of ADR problem-solving
methods to foster a good labor-management relationship. The Union and Department
at all levels should be committed to the use of ADR problem-solving methods as a
priority to resolve disputed matters. Those involved in the development and use of an
ADR system shall be trained in the principles and methods of ADR.
Section 2 - Denitions and Intentions
A. ADR is an informal process which seeks early resolution of employee(s),
labor, and management disputes.
B. Any ADR process must be jointly designed by the Union and the
Department. ADR should be eective, timely, and ecient. It should focus
on conict resolution and problem-solving and foster a cooperative labor
and management relationship. Participation in the ADR process must be
voluntary.
C. ADR may be used in the context of labor-management cooperation.
D. The parties agree to ongoing evaluation to improve the process.
Section 3 - Rights and Responsibilities
A. The parties have the responsibility of informing employees and management
ocials of the ADR option to resolve disputes. ADR should be undertaken in
good faith and not circumscribed by formal rules and regulations.
B. Both parties will:
1. Respond to questions about the ADR process;
2. Provide information to employees on the ADR process; and,
3. Help employees complete the designated ADR form.
C. Employees may utilize the ADR process to resolve individual concerns with
the mutual consent of the Union and the Department. However, the parties
agree to encourage the use of ADR except for the most egregious or frivolous
matters.
D. Disputes resolved by ADR are nal when written and signed. The Union
and the Department will have the right to participate in all stages of the ADR
process. This is in addition to an employee’s right to Union representation.
LABOR-MANAGEMENT COLLABORATION | ARTICLE 6 - ALTERNATIVE DISPUTE RESOLUTION
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 17
E. ADR resolutions shall not set precedent unless agreed to by the parties.
Resolutions under ADR cannot conict with or supersede agreements
between the parties.
F. Once an employee elects to use an ADR process, the Union has a right to
participate in that process. This right is in addition to an employee’s right to
Union representation.
Section 4 - Implementation
A. ADR is an appropriate subject matter for local negotiations.
B. ADR agreements must state the objective of all parties as well as a
commitment from all parties to resolve their disputes in a non-adversarial
environment.
C. The parties at all levels shall jointly adopt an ADR problem-solving
method that will include mutually agreed upon third parties. ADR methods
may include but are not limited to early neutral evaluation, mediation,
interest-based problem solving, peer review, conciliation, facilitation, and
neutral fact-nding.
D. ADR methods may be used prior to or during a grievance/arbitration or
statutory appeal. In the use of ADR processes, contractual time frames will be
stayed by mutual agreement. Statutory time frames cannot be stayed.
E. ADR data that is collected nationally for the use of the VA ADR Steering
Committee will be provided to the Union member of that committee.
Section 5 - Characteristics
A. Characteristics of a successful ADR program generally include:
1. The program is designed in cooperation with the local union;
2. Employees are educated on and made aware of the program;
3. All parties are encouraged to use the process and resolve workplace
conict at the earliest stage possible;
4. Adequate resources are allocated to the development and maintenance of
the program;
5. The process is evaluated on an on-going basis; and,
6. Mediators and facilitators are adequately trained.
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B. Successful mediators and facilitators generally are able to:
1. Assist the parties in identifying the issues;
2. Foster joint problem-solving;
3. Explore settlement opportunities;
4. Maintain strict neutrality;
5. Maintain complete condentiality;
6. Structure the session so there will be an exchange of information;
7. Consider options to resolve issues;
8. Assist the parties in developing skills for defusing emotions; and,
9. Assist in developing a settlement agreement with the concurrence of all
parties.
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ARTICLE 7 - QUALITY PROGRAMS
Section 1 - Introduction
A.
Both parties recognize the importance of a strong commitment to
comprehensive quality programs in the Department. Service to the veteran is
the cornerstone of the relationship between the Department and employees.
B. Both parties agree that a successful quality program must empower all
employees to fully participate in the development and implementation of
Department programs and processes. The Department recognizes the Union
as the exclusive bargaining unit representative in implementing, maintaining,
and improving these quality programs. Participation of bargaining unit
employees in the Department’s quality programs is a matter left to the
discretion of the Union in its role on the facility Quality Council.
Section 2 - General
A. The Quality Programs referred to in this article are to include Quality
Programs initiated by the Department utilizing methods (such as LEAN, Six
Sigma, Baldridge Criteria and Systems Redesign) aimed at reviewing and
improving Department programs and processes.
B. Both parties agree that the commitment of the local facility Director and local
union President is critical for success of Quality Programs.
C. Bargaining unit employees who spend time on Quality Programs initiated
by the Department in a nonrepresentational capacity will be on duty time.
Bargaining unit employees serving in a union representational capacity will
be on ocial time. This ocial time will not be counted against any allocated
ocial time as described in this agreement.
D. Time spent on Quality Programs initiated by the Department will be
considered duty time.
E. It is recognized that all levels of the Department and the Union are
responsible for successful implementation, maintenance, and improvement
of quality programs. Therefore, the parties should strive for open
communication, developing teamwork, sharing of information, integration and
acceptance of the union/management role, reduced paperwork, improved
work processes, etc.
F. It is in the interest of both parties that there be a sharing and communication
of information regarding, e.g., Joint Commission, requirements, processes,
and results.
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Section 3 - Quality Programs Council Charter
The following is the Charter agreed to by the parties.
VA QUALITY COUNCIL CHARTER FOR QUALITY PROGRAMS
I. PURPOSE
This charter establishes a National Quality Council (NQC/work group) and quality
councils throughout the Department. Members of the councils will demonstrate
continuing commitment to the principles and practices of quality improvement both as
council members and as participants in their respective organizations.
II
.
SCOPE
A. This charter applies to quality programs within the VA.
B. Both the Department and the AFGE National VA Council (NVAC) mutually
agree that the scope of the agreement will be limited to process, programs,
and related issues as covered by this charter. The Councils/Teams will not
establish projects which are matters solely and properly subject to collective
bargaining, matters currently covered by the Master Agreement, and
individual/employee grievances and problems or other appeals/complaints
processes as projects. The AFGE NVAC will communicate this requirement to
their locally appointed quality representatives. The Department will similarly
communicate this requirement.
C. Neither the union nor the Department waives the right to bargain over quality
initiatives which would otherwise be bargainable, nor do they waive any other
legal, contractual, or past practice right.
D. The Department and the union recognize that, in order for quality programs
to be a successful tool in problem solving, the parties may agree to depart
from the Federal Labor Management Relations Statute in such areas as the
parties’ rights and the negotiability of subjects.
E. No bargaining unit employees will be coerced or intimidated into participating
in Quality Improvement Teams (QITs). Participation in the process is entirely
voluntary.
F. Union and management will recognize each other as legitimate customers in
their everyday dealings with each other.
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III. GENERAL ROLES OF VA AND AFGE
The Department and the NVAC serve as champions of quality throughout the
organization. The National Quality Council and other work teams/groups, will provide
an environment that supports employee involvement, contribution, teamwork, and a
positive atmosphere of trust/respect between management and employees.
IV. QUALITY COUNCILS/WORK GROUPS - GENERAL
A.
Purpose:
1. All Quality Councils/work groups will foster quality improvement by:
a. Providing visible leadership,
b. Encouraging subordinate managers and employees to use quality
improvement techniques, and
c. Fostering the integration of quality improvement with management
support systems. Such systems include, e.g., strategic planning,
performance management, and awards and recognition.
B. Organization and Membership:
The union may, at their discretion, select a number of employees equal
to management’s selections to serve on the Councils/work groups. There
must be present at least one person from both management and union. In
the event multiple unions participate in the program, the number of union
members on a council shall not exceed that of management and AFGE
shall determine the union membership mix. All members will make every
eort to attend the meetings. All quality council members must have had
quality improvement awareness training. The union and the Department,
respectively, will endeavor to select employees who they feel best represent
the various components of the organizational entity.
V. THE NATIONAL QUALITY COUNCIL
A. Purpose
1. Serves as the model for VA’s quality improvement eort,
2. Provides leadership to foster quality improvement within VA, and,
3. Supports the integration of quality improvement in
the day-to-day operations
of
VA.
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B. Membership
1. The NQC/work group shall include up to 4 representatives on the National
Quality Council, each with an equal voice. The NVAC President will
make the selection of NVAC employees to sit on the NQC/work group.
Management will have equal membership to Union membership.
2. Each member of the Council will normally serve a minimum of 18 months.
The Council will be co-chaired by the union and management.
C. Function
The NQC/work group fosters implementation of quality improvement by:
1. Examining the Department’s Mission of the Quality Improvement (QI)
Program and promoting the goals and principles established in it;
2. As necessary, establishing cross-functional and other projects designed to
foster quality improvement throughout VA;
3. Providing assistance and support to other Councils/work groups;
4. Reviewing positive/negative quality improvement experiences from
specic facilities as presented by NQC members;
5. Establishing guidance, procedures, and format for implementing quality
improvement projects at the NQC/work group level; and,
6. Operating under the rules and procedures specied in Appendix A.
VI. REGIONAL/AREA COUNCILS
Regional/Area Councils may be established at management’s discretion. If such
councils are established they shall comply with the guidelines for facility councils and/
or national councils as appropriate.
VII. FACILITY QUALITY COUNCILS
A. Where practicable, based upon the size of the activity, each activity will
establish a Facility Quality Council (FQC/work group) or work group. Each
FQC/work group will operate under a charter which includes at a minimum
a statement of purpose, organization, membership, responsibilities, and
functions. However, if the parties mutually agree, they may combine the
functions of the FQC/work group into any facility partnership council.
B. Membership. The membership shall be personnel who work at the facility.
Each council and/or work group will have co-
chairs selected by consensus
of the
membership.
The co-chairs may be rotated periodically.
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C. Responsibilities
1. Promote quality improvement goals and principles,
2. Identify quality improvement opportunities, and
3. Recognize participation and accomplishments in the quality improvement
process.
D. Procedures
Each QC/work group will establish its own operating procedures, deciding
such issues as frequency of meetings, communication processes, and
membership tenure. All QC/work groups have the option to invite additional
people to their meetings when the need for additional expertise arises. All
QC/work groups will make decisions based on consensus.
1. QC/work groups are encouraged to use an experienced facilitator for
conducting Council meetings for the rst year.
2. All quality council/work group meetings will be conducted during normal
duty hours with the following exception: meetings may be held during
normal/regular lunch or break periods with consensus of the council or
team. Any overtime related to Quality Council/work group work will be paid
in accordance with governing directives and law. Union representative
participation shall be considered ocial time. This ocial time will not be
counted against any allocated ocial time as described in this agreement.
3. Quality Councils sponsor QIT activities. The Councils:
a. Determine the scope of the processes to be examined (e.g., is it a
local or cross-component issue?);
b. Prioritize and select processes for team action in their scope of
authority (oce stang needs and workloads will necessarily be
considered in making these decisions);
c. Solicit volunteers and select team members, based on the particular
skills and expertise needed by the team;
d. Monitor and support teams and individuals working on quality eorts,
including obtaining or providing necessary training;
e. Obtain periodic reports from
active teams; and,
f.
Obtain administrative support as necessary.
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4. QC/work groups receive recommendations from the QITs they have sponsored.
They:
a. Review all recommendations from their teams;
b. Determine whether each recommendation is within their scope of
authority to implement; and,
c. Determine whether a recommendation should be referred to a higher
level within the facility because of scope.
5. Implementation of recommendation from QITs will be handled as follows:
a. The Service/Division Quality Council (S/DQC)/work groups will
recommend to appropriate management quality improvement changes
which can be implemented at the local level.
b. When practicable based upon the size of the facility, the FQC/ work
group will receive recommendations from QITs they have sponsored
and from the S/DQC/work groups. The FQC/work group will
recommend to the appropriate senior management ocial those quality
improvement changes that can be implemented at the Facility level.
c. The QIT recommendations may be adopted and implemented,
returned to a QIT for reconsideration, or rejected. On a timely basis,
reconsidered or rejected recommendations will be accompanied by a
clear, reasoned explanation to the QIT.
d. Quality councils at the facility can approve projects within their scope
and authority for QIT consideration. Projects involving cross-functional
areas must be approved by the appropriate quality council (national,
facility, or service/division).
VIII. QUALITY IMPROVEMENT TEAMS
A. Purpose
The purpose of QITs is to conduct quality improvement projects which will
result in improved VA operations.
B. Scope of Projects
1. The Sponsoring Council will dene the purpose and scope of each quality
improvement project.
2. QI initiatives will not focus on or result in loss of grade, pay, or bargaining
unit positions (i.e.,
reduction in stang).
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C. Membership
1. QIT members will be appointed by the appropriate Quality Council and
may be drawn from employees in a VA component and representatives
of outside groups, such as VA customers and partners who are closely
associated with a particular process. The union may, at its discretion,
designate a representative to fully participate as a member on each QIT
without the need to use ocial time. The union representative will be
appointed at the same time as other members of the QIT.
2. Employee participation in QI is voluntary. Employees may resign from
the team at any time by notifying a Team Leader in writing. Employees
will be fully informed concerning QI objectives and processes before their
participation is requested. Employees will not be disadvantaged if they
choose not to volunteer to serve on a team.
3. Prior to serving on a team, employees will be trained on QI techniques.
D. Team Leaders
1. Are selected by the QIT, or QC/work group;
2. May be any member of the team; and
3. Are responsible for calling meetings, communicating resource needs (e.g.,
personnel, training, funding, and equipment) and keeping the Council
informed.
E. Team Facilitators
Team facilitators will be chosen by the Sponsoring QC/work group and
should be from outside the team. The facilitator must be trained in QI problem
solving methods and group dynamics. The facilitator may help in selecting
and using problem-solving tools, train members of the team in their use, and
help guide discussions.
F. Union Participation and Ocial Time
1. The union has the right to be present at all QIT Meetings. The union will
determine who the representative will be at the team meetings, and in the
event that they cannot be released from duty, the union may designate
another representative or request the meeting be postponed until they are
available.
2. The union will be provided the same advance notice of meetings that
team members receive. Ocial time to attend such meetings, not to
exceed a total of 5 hours per week/facility, shall be in addition to any
ocial time presently allowed by local agreements.
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G. Procedures
1. Descriptions of improvement projects will be accessible to all facilities and
QITs via computer, where practicable, based upon the size of the facility.
2. All QIT meetings will be conducted during normal duty hours with the
following exception: meetings may be held during normal/regular lunch
or break periods with consensus of the team. Any overtime related to QIT
work will be paid in accordance with governing directives and law. Union
representative participation shall be considered ocial time. This ocial
time will not be counted against any allocated ocial time as described in
this agreement.
3. Quality improvement projects will be selected by Quality Councils and/ or
QITs. When a QIT has selected a quality improvement project, the project
will be submitted to the Quality Council for approval. Each QIT member
will be trained in QI techniques and will apply those techniques towards
the successful completion of the improvement project(s) on which the
team is working.
4. To the extent possible, teams will receive the support they need for
projects. Projects not self-generated will be dened and presented to the
team. Team members who happen to be Union representatives will serve
on the team as employees, not as the Union’s representative.
5. QIT meetings are to be scheduled on a regular basis. Management
will make every eort to insure that bargaining unit team members are
released from normal duties to attend meetings.
6. The Sponsoring Council and/or management are responsible, to the extent
possible, for providing teams access to data, sta, and contractors and
with resources (training, travel funds, equipment, oce supplies, facilities,
time, etc.) necessary to carry out the quality improvement project.
H. Performance Appraisals
No adverse inference will be made in performance appraisals for
professionally expressed opinions or positions taken on QIT issues by
employees serving on QITs, or by employees not serving on QITs. Time spent
performing QIT activities will not be evaluated in relation to performance
standards of the employees’ regular positions.
I. Awards
Any awards provided to QI teams will be group awards. Monetary awards for
employees not participating on QI teams will not be adversely aected due to
non-participation.
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IX. TRAINING
A. Every eort will be made to provide QI awareness training to all employees.
The union’s on-site representatives located in each local facility will be trained
at the same time as other bargaining unit employees in the facility. If multiple
sessions are required, the union representative will be oered attendance in
the rst session held at their facility.
B. VA management agrees to provide facilitator training courses for those
employees selected to serve as facilitators.
C. Management and union/bargaining unit employees will receive training
appropriate to their QI task or responsibility.
X. COMMUNICATION/PUBLIC RELATIONS
A. All existing “Mission Statements” will be jointly examined by the appropriate
Quality Council with changes made as necessary. All new “Mission
Statements” will be jointly developed by the appropriate Quality Council.
B. All QI publications, memoranda, circulars, directives, etc., unique to AFGE
will be identied by both the ocial VA and union logos.
XI. MANAGEMENT RESPONSIBILITIES
A. Local Management
1. Local management will reimburse employee authorized travel and
other
authorized expenses related to QI training and Council/Team
participation.
2. The impact of QI Council/Team meetings and workload/tasking will
be
recognized by supervisors as valid work and appropriate/necessary adjustments
will be made to employees’ normal work loads, concerning
due date extensions,
workload counts, and deadlines.
B. Central Oce (CO) management will provide administrative support to the
NQC/work group. Specically, CO will:
1. Provide overall sta support to the NQC/work group.
2. Record, disseminate and modify/amend the minutes of all meetings of the
NQC/work group.
3. Compile, distribute, and maintain a QI bibliography.
4. Share expertise in the quality eld with the Facility Councils.
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5. Maintain an inventory of QI courses and serve as liaison with the training
coordinators of the Department.
6. Support the NQC/work group in issuing the newsletter and in other
communication eorts.
7. Provide support and assistance to quality councils, as necessary.
XII. NOTICE
A. Any local QI agreement(s) in conict with this charter will be superseded by
this charter in those specic areas where the conict exists.
B. It is understood that QI now exists at some facilities and that it will require
an expeditious transition period to implement all features of this QI national
agreement. The transition period will be no more than one hundred twenty
(120) days from receipt of this program at the local station or conclusion of
local bargaining, whichever is later, and less than one hundred twenty (120)
days where possible.
C. The composition of QITs in existence prior to the eective date of this
agreement shall not be aected by this agreement. Each facility will notify the
local union of the QITs in existence prior to the eective date of this agreement.
D. It is recognized by both parties that QI projects are initiated at all levels.
VA management must pay special attention to its obligation to provide
union notication before implementation of QIT recommendations where
appropriate. VA management will closely monitor QI activities at all levels to
assure that managers do not bypass the union.
XIII. DURATION
Both the union and management recognize that to achieve cultural transformation,
many changes in the operating process have to occur; therefore, either party may
give written notice to reopen this charter 30 to 60 calendar days prior to the rst
annual anniversary of this charter. The request for renegotiating the provision(s) of this
charter shall be in writing and submitted 30 days prior to beginning the negotiations.
If reopened, all provisions of this charter shall remain in eect until conclusion of
negotiations unless otherwise mutually agreed. Participation by an individual employee
in the QI eort remains voluntary despite any opposing position by management or the
union. Participation in the QI eort remains voluntary. While either party may withdraw
from the agreement at any time after 1 year, the parties are committed to utilizing QI for
1 year from the conclusion of their transition period or the establishment of a program.
Both union and management will consider withdrawal as the option of last resort
only after extensive discussion and consultation fail to resolve a problem. The union
maintains that participation in QI is a union permissive right.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 29
XIV. TRAINING
The Department will provide joint training to the parties prior to implementation of
the QI Program at the facility. The parties agree that the Department will provide the
necessary resources and training to ensure a successful program.
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APPENDIX A
The National Quality Council will adhere to the following rules and behaviors:
1. The Council meetings will be attended by principals/designees only.
Every eort will be made to insure principals/designees are available for
meetings. Observers, technical experts, and presenters may be invited
to attend Council meetings in a non-voting/participating capacity. Any
member may request to be briefed on decisions made at a previous
meeting if the member was not in attendance when the decisionswere
made.
2. The Chairperson will designate a Council member in their absence to
chair Council meetings.
3. The Council will operate by consensus decision-making. Consensus shall
be dened as stated in Webster’s Ninth New Collegiate Dictionary or
newer edition.
4. A quorum must be present to conduct ocial business, with a quorum
consisting of two thirds of the members.
5. An agenda will be prepared in advance for each meeting of the NQC/work
group with each member being given the opportunity to submit items.
6. Discussion and decisions of the NQC/work group will be recorded in
meeting reports and sent in draft to the members for approval before
publication.
7. Facilitators will be obtained when needed. Facilitators will remain neutral
and will not participate in decisions.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 31
ARTICLE 8 - CHILD CARE
Section 1 - Policy and Purpose
The parties recognize that working parents may have special child care needs during
working hours. The parties recognize the need for such parents to secure appropriate
child care arrangements. The Department will continue its eorts to secure adequate
funding in order to support and foster child care services for its employees.
Section 2 - Child Care Activities
A. The Department will continue to provide and/or support various activities
in order to meet ongoing child care needs. These may include, but are not
limited to, such things as child care and parenting information, child care
resource and referral information, workshops, and counseling as available
through the Employee Assistance Program.
B. It is the Department’s intention to utilize available funds nationwide to foster
local solutions to child care needs. These may include construction of on-
site facilities or near-site facilities, participation in shared facilities with other
federal agencies, establishment of mini-centers, or other child care services.
C. In accordance with PL 101-509 of the 1991 GSA Appropriations Act,
the Department agrees to pay legally permissible expenses for training,
conferences, or other meetings in connection with the provision of child
care services for persons employed to provide child care services if the
Department determines that such training, etc., is relevant and necessary.
The Department also agrees to pay similar expenses for Department
employees who have oversight responsibilities for the operation of child
care facilities, i.e., members of local child care Committees and Boards of
Directors, if it is determined such training is relevant and necessary.
D. The head of each facility or appropriate designee will provide inquiring
employees with current listings of the qualied, licensed child care centers in
the immediate area. Recognizing that a broad range of child care needs exists
in compiling such listings, management will request specic information i.e.,
age groups served, types of programs oered, and special needs programs.
Section 3 - Local Child Care Committees
A. When a site for a VA Child Care Center is selected, the parties will establish
a local Committee comprised of one Department representative, one
local union representative, parents, and other parties as appropriate. The
Department will have subject matter experts available to meet with the
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Committee on an as-needed basis. The Committee will guide development of
the local child care program, including development of marketing strategies,
operating procedures, and admission priorities.
B. The Committee will have the opportunity to review and make
recommendations which will be considered in the design of the facility. The
Committee will participate in the selection of the child care provider.
C. Once the Center becomes operational, the Committee will be replaced by a
Board of Directors which the Committee will assist in establishing. The local
union will designate one representative to serve on the Board of Directors.
D. Bargaining unit employees who perform Child Care Committee functions
in a nonrepresentational capacity will be on duty time. Bargaining unit
employees serving in a union representational capacity will be on ocial time.
This ocial time will not be counted against any allocated ocial time as
described in this agreement.
Section 4 - Employee Needs
A. It is agreed that the responsible ocial will grant emergency annual leave
requests and consider emergency requests for leave without pay brought
about by unexpected changes in child care arrangements, contingent upon
operational exigency.
B. The Department agrees to utilize programs which may assist employees with
child care needs; for example, part-time employment, job sharing, leave,
extime, etc.
C. The Department recognizes that it may be necessary for employees to
contact child care providers during duty hours.
Section 5 - Facilities
In accordance with 40 USC 490(b), the Department will provide space, equipment,
furnishings, and other services necessary to support the operation of each child care
facility on federal property.
Section 6 - Miscellaneous
The parties agree that this Article will not delay or impact any pending child care
initiatives. The Union will be kept informed of the child care initiatives.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 33
ARTICLE 9 - CLASSIFICATION
Section 1 - General
A. Each position covered by this Agreement that is established or changed must
be accurately described in writing and classied to the proper occupational
title, series, code, and grade.
B. Title 5 position descriptions (PD) must clearly and concisely state the
principal and grade controlling duties, responsibilities, and supervisory
relationships of the position.
C. Employees will be furnished a current, accurate copy of the description of
the position to which assigned at the time of assignment and upon request.
In order to ensure accurate PDs, the term “other duties as assigned” should
not be used to assign duties that are not related to the employee’s position. In
such instances, the employee should discuss these duties with the supervisor
to determine whether the PD is accurate. The Department reserves its right
to assign work that is not in the PD. If that occurs on a regular basis, the PD
must be revised to accurately reect the job duties.
D. Position descriptions will be kept current and accurate, and positions will
be classied properly. Employees shall be properly compensated for duties
performed on a regular and recurring basis. Changes to a position will be
incorporated in the PD to assure that the position is correctly classied/
graded to the proper title, series, and grade. Incidental changes may be
made in the form of pen and ink notations on the PD as requested by the
Department. The local union will be provided the opportunity to review
proposed changes in PD descriptions and copies of updated PDs. Current
PDs will be provided to the local union, upon request.
E. Employees dissatised with the classication of their positions should rst
discuss the problem with their supervisors. If a supervisor is unable to
resolve the issue to the employee’s satisfaction, the employee can discuss
the matter with the Human Resources Manager or appropriate sta member
who will explain the basis for the classication/job grading. An employee
and/or the local union, upon request, will have access to the PD, evaluation
report, if available, organizational and functional charts, and other pertinent
information directly related to the classication of the position. This informal
classication review process should be completed in a reasonable period
of time. When a desk audit is conducted it will be completed within 90 days
of the local union or employee request. This time frame may be extended
by mutual consent. As appropriate, desk audits will be performed at the
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34 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
employee’s work station. If the employee still believes there is an inequity, an
appeal may be led with the Department or Oce of Personnel Management
(OPM), as appropriate. An employee may le a classication/job grading
appeal at any time through appropriate channels whether or not this informal
classication review process was followed.
F. The Department will meet and confer with the local union on procedures
pertaining to systematic position classication and special maintenance
reviews.
G. Vacant positions will not be posted until the appointing authority assures that
they are authorized, properly described, evaluated, and classied according
to series, title, and grade.
H. No position(s) will be downgraded without a thorough review. For a
downgraded position, the employee’s pay and grade will be maintained on an
incumbent basis in accordance with law and regulations.
I. Delegations of authority for the classication of positions will be specied in
Department policies and regulations.
Section 2 - Classication Standards
A. Title 5 positions will be classied by comparing the duties, responsibilities,
and supervisory relationships in the ocial PD with the appropriate
classication and job grading standard.
B. The Department will apply newly issued OPM classication and job grading
standards within a reasonable period of time. The local union will be provided
with copies of new standards. Current standards will be provided upon
request.
C. The Department will provide the Union with copies of any Department
guidance provided to OPM in connection with any classication standards.
Section 3 - Classication Appeals
A. The Department will provide employees and the local union with copies of
procedures for ling classication appeals through the Department or OPM
channels, upon request.
B. Employees or their representatives are encouraged to submit their
classication/job grading appeals through the local Human Resources
Management (HRM) oce. The HRM oce will forward the appeal to the
Department or OPM, as appropriate, no later than 15 days from receipt
and will provide the Local with 2 copies of the employee’s appeal request.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 35
However, this does not preclude an employee from ling a classication/job
grading appeal directly to the Department or OPM, as appropriate.
C. An employee who les a classication appeal is entitled to a copy of the
classication appeal le. The local union is entitled to the same material,
upon request.
D. General Schedule (GS) and Federal Wage System (FWS) employees who
le appeals with the Department concerning the title, series and grade,
and/or coverage of their position will have their appeal decided within a
reasonable period of time with a goal of 60 days from the date the Appeals
Oce receives a completed application. Classication appeal decisions will
be forwarded to the local union.
Section 4 - Eective Date
The eective date of a personnel action taken as a result of an appeal should not be
later than the beginning of the fourth pay period following the date of the decision.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 9 - CLASSIFICATION
36 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 10 - COMPETENCE
A. The Department shall train bargaining unit employees on all new equipment,
technology changes, and clinical procedures needed to perform the duties
of their job. For employees who are subject to production and timeliness
standards, the training time will be excluded from the production or timeliness
standard.
B. Competencies established for an employee’s position shall be in writing and
communicated to the employee when the employee enters a position or when
a new competency is established for the employee’s position.
C. Prior to the assignment of an out of the ordinary duty, employees shall be
encouraged to state if they feel that this is an area that they need to review.
The request should not be used punitively against them and the review shall
be authorized by the Department.
D. The local union shall have input into the training of employees who are
expected to cross cover areas.
E. If problems arise with employees’ competencies, remedial training shall be
aorded.
F. Competencies must not exceed the scope of licensure, registration, or
certication, whichever is applicable.
G. Copies of competencies will be provided to the local union. When the
Department changes an employee’s competency, the local union will be
aorded a reasonable opportunity to bargain regarding negotiable matters
related to the change.
H. Disputes over the matters that may be bargained concerning competencies
may be referred to partnerships or the equivalent at the appropriate level.
I. For the purposes covered by this Agreement, competencies as such shall
not be used for performance evaluations, as replacements for or additions to
performance standards, or as qualication standards.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 10 - COMPETENCE
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 37
ARTICLE 11 - CONTRACTING OUT
Section 1 - Periodic Briengs
Periodic briengs will be held with AFGE ocials at the local and national levels to
provide the Union with information concerning any Department decisions that may
impact bargaining unit employees in implementing Oce of Management and Budget
(OMB) Circular A-76.
Section 2 - Site Visits
The Department will notify the local union if a site visit is going to be conducted for
potential bidders seeking contracts for work performed by bargaining unit employees.
A local union representative may attend such a site visit.
Section 3 - Union Notication
When the Department determines that unit work will be contracted out, the
Department will notify the local union to provide them an opportunity to request to
negotiate as appropriate.
Section 4 - Employee Placement
When employees are adversely aected by a decision to contract out, the Department
will make maximum eort to nd available positions for employees. This eort will
include:
A. Giving priority consideration for available positions within the Department;
B. Establishing an employment priority list and a placement program; and,
C. Paying reasonable costs for training and relocation that contribute to
placement.
Section 5 - Inventory of Commercial Activities
The Department will maintain an inventory of all in-house commercial activities
performed by the Department and will update this inventory annually. The inventory
will include information on all completed cost comparisons and will be made available
to the Union upon request.
Section 6 - Reopener
The parties agree that any agreement reached in Mid-term Bargaining regarding
Contracting Out may be incorporated in this Agreement.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 10 - CONTRACTING OUT
38 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 12 - DETAILS AND TEMPORARY PROMOTIONS
Section 1 - General
A. A detail is the temporary assignment of an employee to a dierent position
for a specied period of time, with the employee returning to their regular
duties at the end of the detail. Details are intended only for the needs of
the Department’s work requirements when necessary services cannot be
obtained by other desirable or practicable means.
B. Employees shall be recognized for the work they perform. Details of one
week or more shall be recorded and maintained in the Ocial Personnel
Folder/electronic Ocial Personnel Folder (OPF/eOPF). In addition,
employees may document in the eOPF details of less than one week, by
submitting an SF-172 or a memorandum.
C. The Department will provide notication of all details to the local union
President. Where the detail did not result in changes to conditions of
employment, the notication will be at least weekly. Where changes
to conditions of employment would result, the Department will provide
reasonable advance notice. When a detail is known far enough in advance
and aects conditions of employment, the notication should occur as soon
as practicable but no later than 10 days prior to the employee being detailed.
D. The following procedures shall apply when oering noncompetitive details
of 10 consecutive workdays or more to both classied and unclassied
positions:
1. The Department will canvass the qualied employees to determine
if anyone wishes to be detailed. If the same number of volunteers as
vacancies exist, they shall be selected. If an employee believes they are
qualied and is excluded from consideration for a detail because of lack
of qualications, the Department, upon request of the local union, will
articulate in writing the qualications required for performance of the detail
that the employee lacks.
2. If more employees volunteer than vacancies exist, the Department
will select from the qualied volunteers. Seniority will be the selection
criterion, except when management demonstrates and determines that
the position to which an employee will be detailed requires unique skills
and abilities that are not possessed by another qualied employee or
that a medical or operational need requires or precludes the detail of a
particular employee.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 39
3. If there are no volunteers, then the least senior qualied employee(s) will
be selected, except when the Department demonstrates and determines
that the position to which an employee will be detailed requires unique
skills and abilities that are not possessed by another qualied employee
or that a medical or operational need requires or precludes the detail
of a particular employee or when the Department makes a detail to
accommodate a substantiated medical or health problem.
4. If there are fewer volunteers than vacancies, then the volunteers will be
selected and additional persons will be selected as in Paragraph D. 3 in
this section.
5. Seniority shall be dened locally through negotiations between the local
union and the Department. Examples include service computation date,
continuous service in the Department, continuous service in the facility,
continuous government-wide service, and service time in a work unit.
Once established, the denition of seniority will not be changed for the
duration of the Master Agreement.
E. Details of less than 10 consecutive workdays shall be on a fair and equitable
basis and procedures for such details will be a subject for local negotiations.
F. For details outside of the duty station, a case-by-case analysis must be done
comparing the distance from the old duty station to the employee’s residence
versus the distance from the new duty station to the employee’s residence.
When a signicant dierence exists, the employee shall be given duty time
for travel commensurate with the new duty station.
Section 2 - Temporary Promotions
A. Employees detailed to a higher graded position for a period of more than 10
consecutive work days must be temporarily promoted. The employee will be
paid for the temporary promotion beginning the rst day of the detail.
The temporary promotion should be initiated at the earliest date it is known
by the Department that the detail is expected to exceed 10 consecutive work
days. The 10 consecutive work day provision will not be circumvented by
rotating employees into a higher-grade position for less than 10 days solely to
avoid the higher rate of pay. For the purposes of this section, a GS employee,
who performs the grade-controlling duties of a higher-graded position for at
least 25% of their time for 10 consecutive work days or a FWS employee
who performs higher-graded duties on a regular and recurring basis, shall be
temporarily promoted. A Title 38 or Hybrid Title 38 employee who is detailed to
a higher-graded assignment shall be referred, at the eective date of the detail,
to a Professional Standards Board for expedited promotion consideration. The
Professional Standards Board will be held within 30 days of the eective date of
the detail. The approving ocial should issue the decision as soon as possible.
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40 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
B. Title 5 temporary promotions in excess of 120 calendar days shall be lled
through competitive procedures under Article 23 – Title 5 Merit Promotion as
though the promotion were permanent. Temporary promotions of 120 days or
less shall be made in accordance with Section 1.
Section 3 - Detail to Lower-Graded Duties
Should the requirements of the Department necessitate a detail to a lower-level
graded position, this will in no way adversely aect the detailed employee’s salary,
classication, or position of record.
Section 4 - Representatives
The Department will make every eort to avoid placing a local union representative on
a detail that would prevent that individual from performing representational functions.
The Department agrees to notify the appropriate local union oce prior to placing
any designated local union representative(s) on detail away from the representative’s
normal duty station.
Section 5 - Details for Medical Reasons
A. Employees who are temporarily unable to perform their assigned duties as
certied by a health care provider may voluntarily submit a written request
to the Department for temporary assignment to duties commensurate with
the serious injury or illness and the employee’s qualications. The request
will be accompanied by medical certication. The Department may require
that such requests be reviewed by a Federal Medical Ocer for medical
suciency and appropriate recommendations. The Department will consider
such requests in accordance with applicable rules and regulations and
medical recommendations. The Department will, to the extent that it is
operationally feasible, temporarily reassign the employee to an appropriate
vacancy or duties and responsibilities within their own service/ section.
Such reassignment will be commensurate with the employee’s limitations
and qualications. Employees will continue to be considered for promotional
opportunities for which they are otherwise qualied.
B. This section does not provide the procedures for employees aected by
job-related injuries or who request reasonable accommodation; those
subjects are addressed in other articles of this Agreement.
Section 6 - Local Negotiations
The parties at the local level may negotiate additional procedures for details and
temporary promotions.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 12 - DETAILS AND TEMPORARY PROMOTIONS
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 41
Section 7- Rotations
When the rotation of employees through higher-graded positions has the eect
that compensation at the higher grade is avoided, the Department will comply with
government-wide regulations.
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42 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 13 - REASSIGNMENT, SHIFT CHANGES, AND
RELOCATIONS
Section 1 - General
A. Denition
For purposes of this Article, a reassignment means a change of an
employee from one position to another while serving continuously within the
Department, without promotion or demotion. Because they are permanent,
all reassignments will be documented in the employee’s electronic Ocial
Personnel Folder (eOPF).
B. Reassignments in connection with reductions in force for Title 38 stang
adjustments are not governed by this Article, but are governed by procedures
similar to Title 5 Reduction in Force (RIF) procedures.
C. If a reassignment, shift change, or relocation of a Title 38 employee involves
an issue of professional conduct or competence, then 38 USC 7422 applies.
D. Reassignments shall not be used as punishment, harassment, or reprisal.
E. If more employees volunteer than vacancies exist, the Department will select
from the qualied volunteers. Seniority will be the selection criterion. If there
are an insucient number of volunteers, then the least senior qualied
employee(s) will be selected.
F. Seniority shall be dened locally.
G. Reassignment to a position that provides specialized experience that the
employee does not already have and is required for subsequent promotion
to a designated higher-graded position and/or to a position with known
promotion potential must be made on a competitive basis. All excepted
service reassignments shall be done fairly and equitably, with a full
opportunity for the employee to be reassigned.
H. The request of an employee seeking reassignment shall be entitled to prompt
and fair consideration.
Section 2 - Local Bargaining
The parties agree that reassignment is a subject appropriate for local bargaining.
General areas which should be addressed include, but are not limited to:
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 13 - REASSIGNMENT, SHIFT CHANGES, AND RELOCATIONS
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 43
A. Posting of job notices;
B. Submitting voluntary requests;
C. Consideration of requests; and,
D. Notication of reassignments.
Section 3 - Shift Change and Relocation
The parties recognize that giving consideration to seniority promotes improved
employee morale and productivity. Employees may request to relocate from one area
of the local duty station to another (or from one shift to another) in the same position,
title, and series within the same service and with the same advancement potential.
In lling such vacancy, seniority will be considered and the request will be granted if
the employee has the requisite skills and abilities provided such relocation would be
consistent with eective and ecient stang. The Department reserves the right to
make the assignments based on other good faith considerations in assuring eective
management of the work force.
Section 4 - Voluntary Requests for Reassignment
Employees may, in writing, make the following requests under the following
conditions:
A. Types of Requests:
1. To work a particular shift within a work area (days, evenings and nights);
2. To work in a particular work location within the same shift (e.g., Building 4
second/pm shift);
3. To work in a particular building or work unit (e.g., Building 5 or Building 4-5E);
4. To be given relief assignments within the same shift on a continuing basis
(e.g., an Environmental Management Service Housekeeping Aide or
Nutrition & Food Service Worker relieves for two workers on their days o
and a third employee on one day o. Examples of voluntary requests may
include, but are not limited to the following: Housekeeping Aide, WG-2,
to Laundry Worker, WG-2; Nursing Assistant, GS-4, to Health Technician,
GS-4; File Clerk, GS-4 to Mail Clerk, GS-4);
5. To be reassigned to another facility;
6. Any additional types as negotiated locally.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 13 - REASSIGNMENT, SHIFT CHANGES, AND RELOCATIONS
44 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
B. Conditions:
1. An available vacancy must exist;
2. The employee must meet basic qualications for the
position (grade,
title,
and physical requirements);
3. The employee must be performing at an acceptable level of performance;
4. Requests for voluntary reassignments will be considered;
a. First, within the work area
b. Second, within the building and/or service
c. Third, within the duty station
5. The selected employee shall normally be released and reassigned within
two pay periods after written notication.
6. Requests will remain active and on le until rescinded by the employee.
Disputes involving reassignments shall be resolved through the negotiated grievance
procedure.
Section 5 - Administrative/Involuntary Reassignments
Administrative reassignments/involuntary reassignments are reassignments initiated
by the Department to meet valid operational needs. When such a reassignment is
to be done, the Department will provide the local union with 30 days’ notice, and
bargain to the extent required by law and this agreement prior to eectuating the
involuntary reassignment. In an emergent situation where the Department has less
than 30 days’ notice of the need for the reassignment, the Department will provide
the local union with as much advance notice as it has, and an explanation of why
the 30 day timeframe could not be met. The Department will provide the local
union with the reasons for the action, the number/title(s) of positions aected, and
the actions the Department intends to take to reduce the impact on employees.
Reassignments that are noted in other articles, such as but not limited to, Discipline,
Investigations, Performance, Workers’ Compensation, RIF, and Reasonable
Accommodation, shall follow the procedural requirements found within those
respective articles.
Section 6 - Leave
All leave previously requested and approved will be transferred with the employee.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 13 - REASSIGNMENT, SHIFT CHANGES, AND RELOCATIONS
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 45
Section 7 - Relocation Expenses
An employee whose duty station changes either involuntarily not for cause or due to
promotion shall be entitled to relocation expenses in accordance with regulations.
Employees who request to relocate, absent a promotion, may be entitled to
relocation expenses.
Section 8 - Voluntary Reduction in Grade
Prior to acting on an employee’s request for a voluntary reduction in grade, the
Department will assure that:
A. The employee has been fully apprised in writing about the eects of such an
action; and,
B. The employee has been given an explanation of other alternatives relevant to
the particular case.
Section 9 - Reassignments for Medical Reasons
A. Employees who are unable to perform their assigned duties as certied
by a health care provider may voluntarily submit a written request to the
Department for assignment to duties commensurate with the serious
injury or illness and the employee’s qualications. The request will be
accompanied by medical certication. The Department may require that such
requests be reviewed by a federal medical ocer for medical suciency
and appropriate recommendations. The Department will consider such
requests in accordance with applicable rules and regulations and medical
recommendations.
B. The Department will, to the extent that it is operationally feasible, reassign
the employee to an appropriate vacancy or duties and responsibilities within
their own service/section. Such reassignment will be commensurate with
the employee’s limitations and qualications. Employees will continue to
be considered for promotional opportunities for which they are otherwise
qualied.
C. This section does not provide the procedures for employees aected by
job-related injuries or who request reasonable accommodation; those
subjects are addressed in other articles of this Agreement.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 13 - REASSIGNMENT, SHIFT CHANGES, AND RELOCATIONS
46 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 14 - DISCIPLINE AND ADVERSE ACTION
Section 1 - General
The Department and the Union recognize that the public interest requires the
maintenance of high standards of conduct. No bargaining unit employees will be
subject to disciplinary action except for just and sucient cause.
Disciplinary actions will be taken only for such cause as will promote the eciency
of the service. Actions based upon substantively unacceptable performance
should be taken in accordance with Title 5, Chapter 43 and will be covered in
Article 27 - Performance Appraisal System.
Section 2 - Denitions
For purposes of this article, the following denitions are used:
A.
For Title 5 Employees:
1. A disciplinary action is dened as admonishment, reprimand, or
suspension of 14 calendar days or less and
2. Adverse actions are removals, suspensions of more than 14 calendars
days, reduction in pay or grade, or furloughs of 30 calendar days or less.
B. For Title 38 Employees:
1. A disciplinary action is dened as an admonishment or reprimand taken
against an employee for misconduct and
2. A major adverse action is a suspension, transfer, reduction in grade,
reduction in basic pay, or discharge taken against an employee for
misconduct.
Section 3 - Removal of Disciplinary Actions
Admonishments and reprimands may be removed from an employee’s les after a
six month period. If an employee requests removal of such actions after six months,
they should be removed if the purpose of the discipline has been served. In all cases,
an admonishment should be removed from an employee’s le after two years and a
reprimand will be removed after three years.
Section 4 - Administrative Reassignment
Administrative reassignments will not be used as discipline against any employees,
unless appropriate procedures are followed.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 14 - DISCIPLINE AND ADVERSE ACTION
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 47
Section 5 - Alternative and Progressive Discipline
The parties agree to a concept of alternative discipline which shall be a subject for
local negotiations. The parties also agree to the concept of progressive discipline,
which is discipline designed primarily to correct and improve employee behavior,
rather than punish.
Section 6 - Fairness and Timeliness
Disciplinary actions must be consistent with applicable laws, regulations, policy, and
accepted practice within the Department. Discipline will be applied fairly and equitably
and will not be used to harass employees. Disciplinary actions will be timely based
upon the circumstances and complexity of each case.
Section 7 - Processing Admonishments and Reprimands
A. An employee against whom an admonishment or reprimand is proposed is
entitled to a 14 day advance written notice, unless the crime provisions are
invoked. The notice will state the specic reasons for the proposed action.
The Department agrees that the employee shall be given up to eight hours
of time to review the evidence on which the notice of disciplinary action is
based and that is being relied on to support the proposed action. Additional
time may be granted on a case by case basis. Upon request, one copy of any
document(s) in the evidence le will be provided to the employee and/or their
designated representative.
B. The employee or their representative may respond orally and/or in writing
as soon as practical but no later than 10 calendars days from receipt of
the proposed disciplinary action notice. The response may include written
statements of persons having relevant information and/or appropriate
evidence.
C. Extensions for replying to proposed disciplinary actions may be granted for
good cause. The management ocial will issue a written decision at the
earliest practicable date. The written decision shall include the reason for
the disciplinary action and a statement of ndings and conclusions as to
each charge. The decision shall also include a statement as to whether any
sustained charges arose out of “professional conduct or competence,” and
a statement of the employee’s appeal rights. In responding to a proposed
disciplinary action, the employee will be entitled to local union representation.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 14 - DISCIPLINE AND ADVERSE ACTION
48 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
Section 8 - Processing Suspensions, Adverse Actions, and Major
Adverse Actions
A. An employee against whom a suspension, adverse action, or major adverse
action is proposed is entitled to 30 days advance written notice, except
when the crime provisions have been invoked. The notice will state specic
reasons for the proposed action. The Department agrees that the employee
shall be given the opportunity to use up to eight hours of time to review the
evidence on which the notice is based and that is being relied on to support
the proposed action. Additional time may be granted on a case- by-case
basis. Upon request, one copy of any document(s) in the evidence le will be
provided to the employee and their designated representative.
B. The employee and/or representative may respond orally and/or in writing
as soon as practical but no later than 14 calendar days from receipt of the
proposed action notice. The response may include written statements of the
persons having relevant information and/or other appropriate evidence. The
Department has the right to restrict the response time to seven days when
invoking the crime provision.
C. Extensions for replying to proposed adverse actions and suspensions may
be granted when good cause is shown. The appropriate management ocial
will issue a written decision at least ve days prior to the eective date. The
written decision shall include the reason for the disciplinary action and a
statement of ndings and conclusions as to each charge. The decision shall
also include a statement if any sustained charges arose out of “professional
conduct or competence” and a statement of the employee’s appeal rights. In
responding to a proposed disciplinary action, the employee will be entitled to
local union representation.
D. These provisions do not apply to probationary or trial employees.
Section 9 - Notice of Disciplinary Actions
A. Notice of a nal decision to take disciplinary action shall be in writing and
shall inform the employee of appeal and grievance rights and their right to
representation. The employee will be given two copies of the notice; one copy
may be furnished to the local union by the employee. The Department will inform
the local union when it takes a disciplinary action against a unit employee.
B. Notices shall explain in detail the reasons for the action taken and all
evidence relied upon to support the decision. The notice will also advise the
employee how long the action will be maintained in their le. The supervisor
shall discuss the notice with the employee. If the employee elects to have a
Union representative present, the discussion will be delayed until the local
union has an opportunity to furnish a representative.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 14 - DISCIPLINE AND ADVERSE ACTION
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 49
Section 10 - Investigation of Disciplinary Actions
A. The Department will investigate an incident or situation as soon as possible
to determine whether or not discipline is warranted. Ordinarily this inquiry
will be made by the appropriate line supervisor. The employee who is the
subject of the investigation will be informed of their right to representation
before any questioning takes places or signed statements are obtained.
Other employees questioned in connection with the incident who reasonably
believe they may be subject to disciplinary action have the right to Union
representation upon request.
B. Disciplinary investigations will be conducted fairly and impartially, and
a reasonable eort will be made to reconcile conicting statements by
developing additional evidence. In all cases, the information obtained will be
documented. Supervisory notes may be used to support an action detrimental
to an employee only when the notes have been shown to the employee in
a timely manner after the occurrence of the act and a copy provided to an
employee as provided for in Article 24 - Ocial Records.
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50 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 15 - EMPLOYEE ASSISTANCE
Section 1 - Program Purpose
The purpose of the Department’s Employee Assistance Program (EAP) is the
appropriate prevention, treatment and rehabilitation of employees with alcohol, drug
abuse or other biopsychosocial problems that are adversely aecting the employee’s
job performance and/or conduct. Biopsychosocial problems may include physical,
emotional, nancial, marital, family, legal, or vocational issues. Employees who
suspect they may have such a problem, even in the early stage, are encouraged to
voluntarily seek counseling and information on a condential basis by contacting the
individual(s) designated to provide such services. Supervisors are also encouraged
to note when employees appear to be experiencing diculties for which EAP
may provide assistance, and to refer the employee to EAP for assistance. Early
intervention may be helpful in returning the employee to full productivity. Employees
and supervisors will be informed about the program annually.
Section 2 - Record of Participation
A. The Department will ensure that the condentiality of medical records of
employees concerning treatment for problems related to alcohol, drugs,
emotional concerns, or other personal issues will be preserved in accordance
with current public laws and OPM regulations.
B. After an employee is no longer participating in the program, records will be
maintained condentially and preserved in accordance with applicable laws
and regulations.
Section 3 - Voluntary Participation
A. The Department will assure that no employee will have job security,
performance rating, prociency rating, or promotion opportunities jeopardized,
or be subject to disciplinary action, adverse action or major adverse action,
solely because of a request for counseling or referral assistance.
B. Although the existence and functions of counseling and referral programs will
be publicized to employees, no employee will be required to participate or be
penalized for merely declining referral to EAP services.
Section 4 - Condentiality
A. The parties recognize that employee trust and condence in the program
are keys to its success. For that reason, all condential information and
records concerning employee counseling and treatment will be maintained in
accordance with applicable laws, rules, and regulations.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 15 - EMPLOYEE ASSISTANCE
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 51
B. Without an employee’s specic written consent, the supervisor may not
obtain information about the substance of the employee’s involvement with a
counseling program. Information obtained with the employee’s authorization
from such counseling programs may not serve as the basis for disciplinary
action, adverse action or major adverse action.
Section 5 - Relationship to Other Actions
A fundamental purpose of EAP is to assist employees with problems that may result in
conduct or performance deciencies. However, the program is not intended to shield
employees from corrective action in all instances. For this reason, the Department will
hold in abeyance a proposed corrective action so long as the employee participates
in EAP, does not engage in new instances of misconduct or performance deciency,
and successfully completes the treatment to which they are referred. If the employee
meets these requirements, the proposed corrective action will be rescinded. This
provision only applies in the rst instance of the problem(s) requiring EAP assistance
and does not apply if severe, egregious, or criminal misconduct is involved. A
successful program assists the employee in overcoming a personal problem so that
performance and/or conduct improves and corrective action, such as disciplinary
action, adverse action, major adverse action, or other performance- based actions,
becomes unnecessary.
Section 6 - Excused Absence
A supervisor or manager shall grant up to 1 hour (or more as necessitated by travel
time or unusual circumstances) of excused absence for each counseling session, up
to a maximum of 8 total hours, during the assessment/referral phase of rehabilitation.
Section 7 - Leave Associated with EAP
It is the policy of the Department to grant leave (sick, annual, or LWOP) for the
purpose of treatment or rehabilitation for employees under the EAP as would be
granted for employees with any other health problem.
EMPLOYEE RIGHTS AND PRIVILEGES | ARTICLE 15 - EMPLOYEE ASSISTANCE
52 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 16 - EMPLOYEE AWARDS AND RECOGNITION
Section 1 - Background and Purpose
Recognition of employees through monetary and non-monetary awards reects the
parties’ eorts to promote continuous improvement in Department performance.
The employee recognition program provides a positive indication of the parties’
commitment to providing quality public service. The employee recognition program, as
described in this article, has the following characteristics:
A. It is an incentive program; that is, employee recognition is based on
achievement and improvement. Achievements are linked to the Department’s
mission of providing high quality care and service to veterans and the public.
The program is intended to motivate employees to strive for excellence.
Strong emphasis is placed on recognition of eorts to improve service to
veterans and the public.
B. It recognizes the accomplishments of employees both as individuals and
as members of groups or teams. Because of the interrelationship of work
performed by employees, enhanced Department performance is sought
through teamwork, not through competition among individuals. This program
is based on the concept that individual employees who, through personal
eorts and accomplishments support the goals of their teams, work units
and, thus, deserve recognition. It is also based on the concept that groups
or teams which improve Department performance deserve recognition. It
recognizes that the Department, the Union, and employees have important
roles in identifying and recognizing employees deserving of awards and praise.
The intent of this program is to promote a positive work environment and to link
awards to employee contributions that enhance Department performance.
C. Further, it is the intent of this program to ensure that employees will
be appropriately rewarded regardless of changes in the Department’s
organizational structure, work processes, or work initiatives.
Section 2 - Policy
A.
There is no limit on the number of awards that employees may receive or the
frequency with which they may receive awards unless otherwise stated in
this article.
B. When employees are considered for awards, the relative signicance and
impact of their contributions will be considered in determining which type of
award would constitute appropriate recognition and, for monetary awards, in
determining the amount of money to be granted. Funding availability must
also be considered in the granting of monetary awards.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 53
C. Awards will be processed in a timely and expeditious manner.
D. The Department will provide an award recipient with written documentation
that clearly articulates the specic reason(s) that the employee received
the award. Employees are encouraged to relate this information to specic
evaluation criteria when completing applications for merit promotion.
Section 3 - Types of Awards
Awards which employees may be eligible to receive include but are not limited to:
A. Special Contribution Award
B. Instant Award
C. Suggestion Award
D. Time-o Award
Section 4 - Award Panels
Each facility will establish award panels consisting of management and bargaining
unit employees. The composition and membership of each panel will be decided
jointly by the local union and the Department. The local union will designate the
bargaining unit panel members. Panel decisions will be made by consensus and
will then be forwarded to the Director of the facility. Award panels will be formed at
the beginning of assessment period. Panels will perform the following functions,
maintaining the strictest condentiality and avoiding even the appearance of conicts
of interest:
A. Establish fair and equitable mission-related criteria for awards.
B. Operate within parameters as negotiated locally.
Section 5 - Monetary Awards
A. Special Contribution Awards
The special contribution award is a special act or service award which
recognizes individuals or groups for major accomplishments or contributions
which have promoted the mission of the organization. Award amounts
should be linked to the signicance and impact of the accomplishment or
contribution. A special contribution award may be made to an individual
employee or to a group. A group may consist of individuals from a single
organization or multiple components/oces/units.
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54 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
B. Instant Awards
This is a special act or service award given to an employee for noteworthy
contributions or accomplishments in the public interest which are connected
with or related to the recipient’s ocial employment. The distinction between
a special contribution award and an instant award rests in the relative
signicance of the contribution or accomplishment.
C. Suggestion Awards
The Department will encourage employees to le suggestions under the
Department’s Suggestion Program. Suggestions will be considered in a fair
and equitable manner. Suggestion awards will be appropriate for tangible
suggestions, intangible suggestions, and problem identication, as dened in
the Department’s Suggestion Program.
1. In the event no decision is made regarding adoption or non-adoption of
a
suggestion within 90 days of submission, the employee, upon request,
will be
given a written or oral status report.
2. Non-adoption of employee suggestions is to be written and contain specic
reasons for non-adoption.
3. If the idea set forth in a rejected suggestion is later adopted, the
appropriate
suggestion coordinator will reopen the case for award
consideration if the
matter is brought to their attention within two years
after the date of rejection
notice.
Section 6 - Time-O Awards
Time-o awards may be granted to an individual or group of employees for
contributions that benet the Department. These awards may be granted for
contributions such as, but not limited to, the following:
A. A signicant contribution involving completion of a dicult project or
assignment of importance to the mission of the Department;
B. The completion of a specic assignment or project in advance of an
established deadline and with favorable results;
C. Displaying unusual initiative, innovation, or creativity in completing a project
or improving the operation of a program or service;
D. Displaying unusual courtesy or responsiveness to the public which clearly
demonstrates performance beyond the call of duty and which produces
positive results for the Department; and,
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E. Exemplary work by an employee as a canvasser for special campaigns or
programs such as the Combined Federal Campaign, US Savings Bonds, or
blood donor program. (An award for such an eort may not exceed one work
day per activity.)
Section 7 - Award Nomination Procedures
A. Employees and management ocials are encouraged to identify individual
employees who they believe should be recognized for high quality
accomplishments or contributions.
B. Nominations of individual employees should be submitted in writing to the
appropriate manager or award panel. The nominations should include a
description of the accomplishments or contributions of the nominee(s) and an
explanation of their signicance, as well as the name and telephone number
of the employee submitting the nomination. Nominations should not include
suggestions for the type of award or the amount of money to be granted.
Information provided in the nominations will be considered in determining
appropriate recognition.
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56 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 17 - EMPLOYEE RIGHTS
Section 1 - General
A. In an atmosphere of mutual respect, all employees shall be treated fairly and
equitably and without discrimination in regard to their political aliation, union
activity, race, color, religion, national origin, gender, sexual orientation, marital
status, age, or non-disqualifying handicapping conditions irrespective of the
work performed or grade assigned.
Employees will also be aorded proper regard for and protection of their
privacy and constitutional rights. It is therefore agreed that the Department
will endeavor to establish working conditions that are conducive to enhancing
and improving employee morale and eciency.
B. Instructions will be given in a reasonable and constructive manner.
Such guidance will be provided in an atmosphere that will avoid public
embarrassment or ridicule.
C. If an employee is to be served with a warrant or subpoena, it will be done in
private without the knowledge of other employees to the extent it is within the
Department’s control.
D. No disciplinary, adverse, or major adverse action will be taken against an
employee upon an ill-founded basis such as unsubstantiated rumors or
gossip.
E. No employee will be subjected to intimidation, coercion, harassment, or
unreasonable working conditions as reprisal or be used as an example to
threaten other employees.
F. Recognizing that productivity is enhanced when employee morale is high,
managers, supervisors, and employees shall endeavor to treat one another
with utmost respect and dignity.
G. An employee who exercises any statutory or contractual right shall not be
subjected to reprisal or retaliation, and shall be treated fairly and equitably.
H. All VA employees will, consistent with the Master Agreement and other
collective bargaining agreements:
1. Be provided a healthy and safe environment;
2. Be encouraged to give suggestions and ideas to make the Department a
better workplace and enable the Department to better serve veterans;
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 57
3. Be encouraged to enhance their work life and career development; and,
4. Be aorded assistance and told of expectations by the Department to
enable them to perform their jobs.
Section 2 - Rights to Union Membership
Under 5 USC 7102, each employee shall have the right to form and join a Union,
to act as a designated Union representative, and to assist the Union without fear
of penalty or reprisal. This right shall extend to participation in all Union activities
including service as ocers and stewards/representatives. A bargaining unit
employee’s grade level, compensation, title, or duties shall not limit the employee’s
right to serve as a Union ocial, to represent the bargaining unit or to participate in
any Union activities.
Section 3 - Rights to Union Representation
The Department recognizes an employee’s right to assistance and representation by
the Union, and the right to meet and confer with local union representatives in private
during duty time, consistent with Article 48 - Ocial Time, and local supplemental
agreements. If the employee and the local union representative cannot be released
immediately, the employee and the local union representative will normally be
released two hours before the end of their tour of duty. If such release is not made,
appropriate relief from time frames will be aorded (e.g., one day extension for each
day of delay). The Department agrees to annually inform all employees of the right
to Union representation under 5 USC 7114(a)(2)(B) by postings on ocial bulletin
boards and other appropriate means. During their initial orientation, each employee
will be provided with a copy of Weingarten rights and the Master Agreement.
These documents also will be available electronically.
Section 4 - Use of Recording Devices
No electronic recording of any conversation between a bargaining unit employee
and a Department ocial may be made without mutual consent except for
Inspector General investigations, other law enforcement investigations, ORM/EEO
investigations, or duly authorized Boards of Investigation. All electronic recordings will
be transcribed. The employee will be given a copy of the recording at the same time
they receive the transcript for review. The employee will have the right to review the
transcript for accuracy, and may make corrections. The employee will receive a copy
of the nal corrected transcript. Information obtained in conict with this Section will
not be used as evidence against any employee.
Section 5 - First Amendment Rights
Employees have the right to present their views to Congress, the Executive Branch,
or other authorities and to otherwise exercise their First Amendment rights, consistent
with applicable laws, without fear of penalty or reprisal.
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Section 6 - Access to Documentation
Consistent with the Privacy Act and related government wide regulations in existence
on the eective date of the Master Agreement, employees have a right to be made
aware of any information specically maintained under their name and/or social
security number or any other personal identiers. This includes any documentation
that is not covered by ocial records referenced in Article 24 - Ocial Records. In
most cases, employees will be provided with copies of documents maintained in their
eOPF or Merged Record Personnel Folder (MRPF). When no copy of a document in
the eOPF, MRPF, or other system of records is automatically provided, the employee
will receive a copy upon request. The Department will annually provide employees
with a list of systems of records in which information is maintained and retrieved by
employee name, social security number, or other personal identier. Such list will
include general descriptions of the types of documents included in each system of
records. Information not in compliance with this provision may not be used against the
employee.
Section 7 - Personal Rights
A. Employees shall have the right to direct and fully pursue their private lives,
personal welfare, and personal beliefs without interference, coercion, or
discrimination by the Department so long as such activities do not conict
with job responsibilities or applicable laws.
B. The Department will make every reasonable eort to provide for secure
storage of personal belongings.
C. The Department shall instruct employees on how to le a claim for
reimbursement under 31 USC 3721 and related regulations and will make
forms available in case of loss if some personal item is damaged, irretrievably
lost, or destroyed.
Section 8 - Dignity and Self Respect In Working Conditions
Employees, individually and collectively, have the right to expect, and to pursue,
conditions of employment which promote and sustain human dignity and self-respect.
Section 9 - Employee Right to Privacy
Searches and seizures by the Department of the private property of its employees
are subject to Constitutional constraints. Employees may store personal papers and
eects in their oces, desks, and le cabinets. However, a search or seizure of such
items without a warrant may be justied if the Department has reasonable grounds
for suspecting that the search will produce evidence that the employee is guilty of
work-related misconduct, or that the search is necessary for a non-investigative
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 59
work-related purpose, such as insuring the internal security of the Department.
Security concerns may necessitate searches of Department space or employees,
subject to Constitutional constraints. It should be understood that employee’s person
and personal items owned by the employee, such as pocketbooks, briefcases or other
like materials, are not subject to search without reasonable suspicion that criminal
activity is involved. As an exception, if searches are used when individuals enter a
facility, then such search methods must be conducted consistently for all individuals.
Section 10 - Whistle-Blower Protection Act
Consistent with the Whistleblower Protection Act, currently codied at 5 USC 2302(B)(8),
employees shall be protected against reprisal of any nature for the disclosure of
information not prohibited by law or Executive Order which the employee reasonably
believes evidences a violation of law, rule or regulation, or evidences gross
mismanagement, a gross waste of funds, an abuse of authority, or substantial and
specic danger to public or employee health or safety. The Department will annually
notify employees about their rights under the Whistle Blower Protection Act. If training
on the Whistle Blower Protection Act is required, employees will be provided duty time
to complete it.
Section 11 - Unlawful Orders
An employee has the right to refuse orders that would require the employee to violate
an applicable law. The employee will promptly bring their specic concerns to the
supervisor or appropriate Department ocial. The Department ocial will consider
the employee’s concern and promptly notify the employee whether the order is
lawful or unlawful. Refusal to obey an unlawful order will not subject the employee to
disciplinary or adverse action or major adverse action.
Section 12 - Improper Orders
An employee has the right to question an improper order that would direct them to
act outside the scope of practice, privileges, competencies, or qualications. The
employee will promptly bring their concern about the improper order to an appropriate
supervisor. The supervisor will promptly apprise the employee whether the order was
proper or improper. A refusal to obey an improper order will not subject the employee
to disciplinary or adverse action or major adverse action.
Section 13 - Conicting Orders
When an employee receives conicting orders, they will bring the conict to the
attention of the supervisor who gave the last order or another appropriate supervisor.
The employee will be given a claried order. The employee will not be subject to
disciplinary, major adverse or adverse action for following the claried order.
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60 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
Section 14 - Group Meetings
The Department agrees that group meetings of employees serve as a useful means
of communication. Employees may request group meetings to discuss their concerns
about workplace issues. Supervisors will consider and provide a response to such
requests. The right of the local union to be notied of and attend such meetings is set
forth in Article 49 - Rights and Responsibilities.
Section 15 - Labor Recognition Week
The parties agree to jointly present the concept of labor recognition week to the VA
National Partnership Council. That concept would involve jointly sponsoring Labor
Day Recognition Week during the week preceding Labor Day.
Section 16 - Counseling
Counseling shall be reasonable, fair, and used constructively to encourage an
employee’s improvement in areas of conduct and performance. It should not be
viewed as disciplinary action. At any counseling session where an employee has the
right to local union representation, the employee shall be advised of that right at the
beginning of the session.
A. Oral Counseling
When it is determined that oral counseling is necessary, the counseling will
be accomplished during a private interview with the concerned employee and
local union representative if requested and appropriate. If after such a meeting,
the employee is dissatised and wishes to pursue a grievance, the employee
may proceed to either Step 1 or to Step 2 of the grievance procedure. If there is
to be more than one Department ocial involved in a counseling session with
an employee, the employee will be so notied in advance and the employee
may have a local union representative at the session.
B. Written Counseling
1. Written counseling will be accomplished in the same manner as specied
above, except that two copies of a written statement will be given to the
employee.
2. A written counseling for misconduct may only be kept or used to support
other personnel actions for up to six months unless additional related
misconduct occurs, and then it may be retained up to one year.
3. A written counseling for performance may only be retained and used
beyond the appeal period of the annual performance rating to support a
timely personnel action related to that rating or any timely action taken
during that period.
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4. In the case of probationary employees, a written counseling may be kept
up to the time a decision is made whether or not the employee will be
continued beyond the probationary period.
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62 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 18 - EQUAL EMPLOYMENT OPPORTUNITY
Section 1 - Policy
The Department and the Union arm their commitment to the policy of providing
equal employment opportunities to all employees and to prohibit discrimination
because of race, color, religion, sex (including sexual harassment), sexual orientation,
national origin, age (40 years of age and over), or disabling condition.
Section 2 - Equal Employment Opportunity Program
The Department’s Equal Employment Opportunity (EEO) Program shall be designed
to promote equal employment opportunity in every aspect of the Department’s
personnel policy and practice in accordance with applicable law and government-wide
rules and regulations. The program shall include, but not be limited to, the following:
A. Providing reasonable job accommodation for qualied disabled employees;
B. Reviewing selection processes and stang procedures to identify those
which are inconsistent with governing Federal EEO rules and regulations and
taking corrective actions consistent with such rules and regulations in those
instances where adverse EEO impacts are found;
C. Procedures that allow for the redesigning of jobs, where feasible and
desirable, and which do not create an undue hardship to achieve the
Department’s mission to utilize to the maximum extent possible the present
skills of qualied disabled employees;
D. Making reasonable accommodations for the religious needs of employees
when such accommodations can be made without undue hardship to the
conduct of Department programs;
E. Commitment to the prevention of workplace harassment and sexual
harassment; and,
F. Armative Employment Plan(s).
Section 3 - Reasonable Accommodations for Employees with Disabilities
A. In accordance with Section 501 of the Rehabilitation Act of 1973, as
amended, and other government-wide rules and regulations pertaining to
the employment of individuals with disabilities, the Department is committed
to armative action for the employment, placement, and advancement of
qualied individuals with disabilities including disabled veterans.
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B.
The Department will oer reasonable accommodation to qualied individuals
with known physical disabilities or mental impairments, or those who have
a record of past impairment regardless of the type of appointment, unless
the Department can demonstrate that the accommodation would impose an
undue hardship on the operation of the Department’s program (as dened in
29 CFR 1614.203).
C. Requests should be made in accordance with VA Handbook 5975.1
(Processing Request for Reasonable Accommodation by Employees and
Applicants with Disabilities) or in accordance with the local facility’s Equal
Employment Opportunity Commission (EEOC) approved policy on request
for reasonable accommodation. The Department shall process requests for
reasonable accommodation and provide accommodations, when appropriate,
in as short a timeframe as is reasonable. When possible, decisions regarding
accommodations should be rendered within 30 calendar days of the date the
request was received.
D. The parties recognize that individual accommodations will be determined
on a case-by-case basis, taking into consideration the employee’s specic
disability, the employee’s suggestions for reasonable accommodations,
existing limitations, the work environment, and undue hardship imposed
on the operation of the Department’s program as dened above. Qualied
employees with disabilities may request specic accommodations. However,
the Department is not required to provide the employee’s accommodation of
choice, as long as the Department provides a reasonable accommodation.
E. Should a non-probationary employee become unable to perform the essential
functions of their position even with reasonable accommodation due to a
disability, the Department shall oer to reassign the employee when there is a
funded vacant position available for which the employee is qualied, subject
to all conditions in 29 CFR 1614.203(g) being met.
F. For employees with disabilities, job restructuring is one of the principal means
by which some qualied workers with disabilities can be accommodated. The
principal steps in restructuring jobs are:
1. Identify which factor, if any, makes a job incompatible with the
worker’s disability;
2. If a barrier is identied in a nonessential job function, the barrier is eliminated so
that the capabilities of the person may be used to the best
advantage; and,
3. Job
restructuring
does
not
alter
the
essential
functions
of
the
job (any changes
made are those which enable the person with a disability
to perform those
essential functions).
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64 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
G. The parties agree that in many cases, changes in the work environment and
other accommodations enable persons with disabilities to more eectively
perform their job duties. Alterations and accommodations may be, but are not
limited to, the following:
1. Rearranging les or shelves;
2. Widening access areas;
3. Maintaining hazard-free pathways;
4. Raising or lowering equipment;
5. Moving equipment controls from one side to the other, or modifying
them for
hand or foot operations;
6. Installing special holding devices on desks, benches, chairs or machines; and,
7. Providing qualied interpreters for the hearing impaired.
H. With respect to the modernized systems environment, examples of
accommodations are:
1. The surface that holds the terminal will be adjusted to a level suitable to
the employee’s needs;
2. The keyboard will have “light touch,” guards, and other adaptive devices
that will be considered;
3. Visually impaired employees will be permitted to label “home” keys;
4. Operational and training materials will be available in Braille;
5. Lap trays will be considered;
6. Computer based voice-output systems or VDT screen enlargers or other
appropriate devices will be provided for visually impaired employees;
7. Hardware and software will be congured to accommodate color
blindness (e.g., blinking cursor, highlighting); and,
8. Printer switches will be available in “light touch” and located in an easily
accessible location.
I. An employee may be provided assistive devices if the Department
determines that the use of the equipment is necessary to perform ocial
duties. Such equipment does not cover personal items which the employee
would be expected to provide, such as hearing aids or eye glasses.
J. The Department’s facilities shall be accessible to employees with disabilities.
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K. The Department will be liberal in granting leave to accommodate the
disabling conditions of employees. For example:
1. Leave without pay may be granted for illness or disability; and,
2. Sick leave can be appropriately used by a person with a disability who
uses prosthetic devices, wheel chairs, crutches, guide dog, or other similar
type devices for equipment repair, guide dog training, or medical treatment.
L. The Department will provide training to employees with disabilities on the
same basis as other employees, consistent with this Agreement. Once an
employee is selected for training, the Department will provide reasonable
accommodations to the employee to attend and complete the training.
M. For the purpose of continuing to provide reasonable accommodations for
hearing-impaired employees, the Department agrees to provide interpreter
services for those employees who seek local union assistance and/or
representation for their individual concerns, unless the employee wants to
retain condentiality. To the extent possible, interpreter services should be
arranged in advance, and the entire process treated with condentiality.
N. For the purpose of performing ocial business travel, the Department agrees
to reimburse travel expenses that are necessary to reasonably accommodate
the employee’s disability, consistent with Federal Travel Regulations.
O. Employees with disabilities may, where appropriate as a reasonable
accommodation, request telework arrangements.
Section 4 - Armative Employment Plans
A. The Department’s Armative Employment Plan shall be designed to promote
positive opportunities for all employees to contribute to the Department’s
mission to the maximum extent possible, consistent with EEO principles. The
Department shall ensure that where there are situations of underrepresentation,
targeted recruitment and development plans will be implemented. The parties
are encouraged to jointly develop Armative Employment Plans.
B. Armative Employment Plans should include, where appropriate, provisions
for reviewing individual services to ensure that armative employment policy
is apparent within the service and to make more use of bridge positions and
cross-training.
C. The Department will fulll any labor-management obligations, as appropriate,
with the Union at the national level prior to submitting the National Armative
Employment Plan to EEOC for approval. The parties recognize that the
National Armative Employment Plan must be submitted to EEOC.
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66 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
D. The Department at the local level will fulll any labor-management
obligations, as appropriate, with the local union prior to submitting local
Armative Employment Plans to the next organizational level where required
(for example, to the Department or EEOC). The parties recognize that the
local plans must be submitted to headquarters in sucient time for the
Department to meet the EEOC requirement in C above.
E. The Department will comply with all equal employment opportunity
requirements throughout the Department, as outlined in 29 CFR 1614.102,
the Disabled Veterans Armative Action Promotion Plan (38 USC 4214),
5 CFR Part 720, and the statutory or regulatory requirements in EEOC
Management Directive 715 (MD-715).
Section 5 - Information, Data, and Reports
A. The Department agrees to provide employees access to written information
describing the discrimination complaint procedures and their local Armative
Employment Plan(s).
B. The Department agrees to the timely posting of names, pictures, and oce
telephone numbers of EEO Counselors on designated local bulletin boards.
The Department will also provide the local union with a current list of local
EEO Counselors and will update the list when changes are made.
C. The Department agrees to provide the Union with copies of the National
Armative Employment Plan and any other reports submitted to EEOC,
including statistical data, concurrently with submission to the EEOC.
D. Each facility preparing an Armative Employment Plan and any other
reports will provide a nal copy of the same, including statistical data, to the
appropriate local union when they are prepared.
Section 6 - EEO Counselors
A. The Department agrees to post the contact information for the appropriate
Oce of Resolution Management (ORM) oce on local bulletin boards.
B. The Department will assure that EEO counselors are available and
accessible to employees who may have a discrimination complaint.
C. The responsibilities of the Department include counseling employees,
former employees and applicants who believe they have been discriminated
against in the workplace and informing the aggrieved person(s) about the
EEO process. The EEO Counselor should work with the parties to provide a
channel through which informal resolution(s) can be attempted.
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D. The parties agree that proper training will be provided to designated EEO
counselors consistent with appropriate EEOC regulations.
Section 7 - VA Diversity Council/EEO Committees
A. The Union can appoint two representatives to serve on the Department
of Veterans Aairs Diversity Council (VADC). The Department will provide
ocial time, travel, and per diem for the employees appointed by the Union to
serve on the VADC. Ocial time to attend such meetings shall be in addition
to any ocial time presently allowed by this Agreement.
B. Local EEO committee meetings will be conducted during normal duty hours.
Bargaining unit employees participating in local EEO committees and special
emphasis programs, but not serving in a representational capacity, shall be
on duty time.
C. The membership and operation of local committee(s), such as the EEO
Advisory Committee, the Diversity Committee, etc., are appropriate subjects
for local bargaining. The Department will provide ocial time for any local
union representative serving on such local committees. Ocial time to attend
such meetings shall be in addition to any ocial time presently allowed by
this Agreement. The local union will determine who the representative will be
at such meetings.
D. The membership and operation of local committee(s), such as the EEO
Advisory Committee, the Diversity Committee, etc., are appropriate subjects
for local bargaining. Bargaining unit members will be selected by the local
union.
Section 8 - Special Emphasis Program Managers (SEPM)
A. Purpose
The Special Emphasis Programs support and strengthen the EEO/Armative
Action programs by addressing the unique concerns of particular constituent
groups and helping to ensure that members of these groups are employed,
advanced, and retained with the Department on a nondiscriminatory basis.
Government-wide special emphasis programs include the Federal Women’s
Programs, the Hispanic Employment Program, the Selective Program
for Handicapped Individuals, the Upward Mobility Program, the Veterans
Employment Program, the Asian-American Program, Asian Pacic-American
Program, Native-American Program, African-American Program, and other
similar special emphasis programs. Other programs may be established at
the discretion of a local committee, such as the EEO Committee, the Diversity
Committee, etc.
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B. Responsibilities and Requirements
The duties and responsibilities of SEPMs may include such activities as:
1. Analyzing employment policies and practices to identify barriers to
the hiring, development, advancement, and retention of a particular
constituency;
2. Recommending to the Department changes in personnel policies,
practices, and procedures;
3. Initiating armative employment eorts; and,
4. Participating in planning the implementation, monitoring, and evaluating of
the Federal Employment Opportunity Retention Plan.
Upon appointment to the collateral duty assignment of SEPM, the employee
will receive, in writing, the duties and responsibilities of the SEPM, including
time allocation for program activities. The employee may document this
collateral duty by submitting an SF-172 or memorandum for inclusion into
their eOPF.
C. Selection of SEPMs
The Department will request nominations from the local union when the
Department is considering individuals to serve as SEPM on a collateral duty
basis.
D. Management Support
The Special Emphasis Programs are an essential part of the total EEO
program and merit the full cooperation of employees, supervisors, local
union(s), and managers. Appropriate publicity and recognition should be
given to the programs and training provided to SEPMs, as needed, and to
supervisors and managers at all levels regarding the program’s activities and
goals as they relate to the mission of the agency. Similar information should
be presented during the orientation of new employees. All SEPMs need
management support in terms of facilities, time, and cooperation.
Section 9 - Complaints
The complaint process aorded to employees must follow the procedures set forth by
government-wide EEOC regulations, which can be found in 29 CFR Part 1614 and its
subparts.
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ARTICLE 19 - FITNESS FOR DUTY
Section 1 - Scope
This article applies to Title 5 and Hybrid employees. For Title 38 employees see
Article 57 - Physical Standards Boards. The Department may direct a Title 5 or Hybrid
employee to undergo a tness for duty examination only under those conditions
authorized by this article and in accordance with 5 CFR 339. The Department
will have the right to require medical examinations only if they are job related and
consistent with business necessity.
Section 2 - Prerequisite Conditions
When there are reasonable grounds to believe that a health problem is causing
performance or conduct problems of an employee, the employee shall be given an
opportunity to provide medical evidence documenting the health problem aecting
their performance or conduct and/or an opportunity to voluntarily initiate an application
for disability retirement on their own behalf.
Section 3 - Medical Determination
A. The Department may require an employee receiving worker’s compensation
benets or assigned to limited duties as a result of an on-the-job injury
to report for medical evaluation when the Department has identied an
assignment or position (including the employee’s regular position) which it
reasonably believes the employee can perform consistent with the medical
limitations of their condition.
B. The Department may oer a medical examination when an individual has
made a request for medical reasons for a change in duty status, assignment,
working conditions, or any other benet or special treatment (including
reemployment on the basis of full or partial recovery from a medical
condition) and the Department, after it has received and reviewed medical
documentation, determines that it cannot grant, support, or act further on the
request without verication of the clinical ndings and current clinical status.
1. When the Department orders or oers a medical examination under the
provisions of the prevailing regulations, it shall inform the employee in
writing of its reasons for ordering or oering the examination and the
consequences of failure to cooperate. The Department shall designate
the examining physician but shall oer the employee the opportunity to
submit medical documentation from their personal physician which the
Department shall review and make part of the le.
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2. The Department shall provide the examining physician with a copy of
any approved medical evaluation protocol, applicable standards and
requirements of the position, and/or a detailed position description of the
duties of the position including critical elements, physical demands, and
environmental factors.
3. The Department shall order or oer a psychiatric evaluation to an
employee only when the employee rst provides results of a general
medical or psychiatric examination or the Department has rst
conducted a nonpsychiatric medical examination and, after review of
the documentation or examination report, the Department’s physician
concurs that a psychiatric evaluation is warranted for medical reasons.
C. All medical examinations ordered or oered pursuant to Paragraphs 3A and
3B in this section shall be at no cost to the employee and performed on duty
time at no charge to leave.
Section 4 - Procedures
In seeking a tness for duty examination which may or may not lead to a disability
application, the following rules and procedures shall apply:
A. In all discussions with any Department ocial, the employee shall be
entitled to local union representation. Prior to any discussion, the employee
shall be notied of this right, given an opportunity to contact and discuss
the matter with their local union representative, and permitted the right of
representation in such discussion.
B. During these procedures, the employee will be apprised of their rights and,
where supported by appropriate medical evidence, given the opportunity for
suitable interim adjustments in their work assignments.
C. The Department will ordinarily oer the employee a reassignment to a
position when the results of a medical examination reveal that the employee:
1. Cannot satisfactorily perform useful and ecient service in their regularly
assigned job;
2. Retains the capacity to do other work at the same grade or pay level
within the work location or the commuting area; and,
3. Otherwise meets the minimum qualications for an available position that
the Department seeks to ll.
D. When the Department determines that the medical evidence reveals
the employee is totally disabled for service in their current position, and
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reasonable accommodation for another position cannot be made, the
Department will so advise the employee and provide appropriate counseling.
Section 5 - Counseling
When a disabled employee meets existing disability retirement requirements, the
Department will counsel them concerning disability retirement and explain the
procedure for voluntarily applying for disability retirement. In the event that such an
employee is unable to le on their own behalf, the Department may initiate, with notice
to the employee, an application for the employee in accordance with applicable laws
and regulations.
A. The Department shall provide the employee proper notice, in accordance with
5 CFR Section 831.1205(b), and shall permit the employee 30 days in which
to respond in writing.
B. If the medical evidence and performance records establish that the employee
retains the capacity to perform satisfactorily in a vacant lower graded position
which the Department seeks to ll within the employee’s commuting area, the
employee will be informed of their option to request such a demotion.
Section 6 - Condentiality of Records
All records pertaining to the employee’s examination and any subsequent personal
information included with an application for disability retirement are condential and
may be disclosed only to those with an administrative need to know or specically
authorized by the employee. There will be a written statement to the employee of the
disclosure.
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ARTICLE 20 - TELEWORK
Section 1 - General
A. The Department and the Union jointly recognize the mutual benets of a
exible workplace program to the Department and its employees.
Balancing work and family responsibilities, assistance to the elderly or
disabled employees, and meeting environmental, nancial, and commuting
concerns are among its advantages. In recognizing these benets, both
parties also acknowledge the needs of the Department to accomplish its
mission. The primary intent of the telework program is to support the mission
of the Department in an alternative work setting. Telework must not be used
as an alternative to or in lieu of dependent care. Employees who telework
will be permitted to take care of personal matters in the same way as
employees who do not telecommute. The Department Telework Program will
be governed by applicable law, government-wide rules and regulations, VA
Directives and Handbooks, and this article.
B. Any Telework Program established under this article will be a voluntary
program which permits employees to work at home or at other approved
sites away from the oce for all or a part of the workweek.
C. The parties agree that employees participating in telework are performing
the same duties as their counterparts working at VA facilities. In the interest
of fairness and equity, employees shall not be disadvantaged on their
performance expectations because of their participation in telework. The
Department shall use the same measurements of work for employees who
are on telework as are used for those employees who perform those same
tasks at their Ocial Duty Station (ODS).
Section 2 - Denitions
A. Telework
The terms“telework” and“telecommuting” are synonymous and include
working at home or in satellite oce sites or other approved telework work
sites.
B. Alternate Duty Station (ADS)
A worksite other than the employee’s ocial duty station, such as
employee’s residence (dened as a specic room or area within an
employee’s primary residence), a telecommuting center, a facility established
by state, local, or county governments, private sector organizations for
use by teleworkers, or an established satellite location including other
VA facilities. The alternative worksite must be mutually agreeable to the
employee and their supervisor.
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C. Ocial Duty Station (ODS)
A telecommuting employee’s ocial duty station continues to be the
permanent duty station. Generally, the ocial worksite for an employee
covered by a telework agreement is the location of the regular worksite
for the employee’s position (that is, the place where the employee would
normally work absent a telework agreement), as long as the employee is
scheduled to report physically at least twice a pay period on a regular and
recurring basis to that regular worksite. Employees should refer to 5 CFR
531.605 for application of special situations.
D. Telework Center
The Department satellite facility that the General Services Administration
(GSA) establishes to provide federal employees an opportunity to work at
an alternative location that is geographically convenient to the employee’s
residence. The space at the telework center is owned or leased by one or
more federal agencies.
E. Regular and Recurring Telework
Regular and recurring telework means the employee works at an ADS on
a regularly scheduled basis (for example, one or more days per week, the
second Wednesday of each pay period, Tuesday afternoon, two hours per
day, etc.), at a home, a telework center, or other osite location.
F. Short-Term or Temporary Telework
Short-term or temporary telework is when an employee is prevented from
reporting to the regular worksite due to an injury, recuperation from surgery,
etc., for short periods of time (usually no more than three to six months).
Employees participating in this type of telework may work full-time or may
combine part-time work with leave use depending on the circumstances of
the individual and the portability/availability of work at the alternative site.
G. Periodic or Intermittent Telework
Periodic or intermittent telework is ad-hoc in nature and can be used when a
project or assignment requires intense concentration or weather conditions
are unfavorable.
Section 3 - Criteria
If employees meet the criteria for telework, the Department may approve their
participation in telework arrangements in accordance with applicable law and this
article. Department ocials are responsible for determining which positions are
appropriate for telework arrangements, consistent with labor relations obligations.
The guidelines for approving telework arrangements are based on, but not limited to,
the following:
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A. Work activities to be performed at an ADS must be portable (may be
performed away from the traditional worksite, either in whole or in part, and
can be evaluated by the supervisor);
B. The position’s contact with other employees, the supervisor or manager, and
serviced clientele is predictable and normally scheduled and can otherwise
be accomplished via telephone or videoconferencing;
C. The technology needed to perform work osite must be available;
D. Employees may be linked electronically to the traditional oce location by
computer or may simply take work to the ADS, requiring no computer;
E. Privacy Act materials, evidence, or sensitive documents (hard copy or
electronic) may be accessed remotely, provided the employee agrees to
protect government/VA records from unauthorized disclosure or damage and
will comply with the requirements of the Privacy Act and all other applicable
federal laws and government-wide regulations and other applicable VA
Policies and Directives;
F. The employee volunteered (or concurred with the supervisor’s
recommendation) to perform work at the ADS;
G. An employee has a “fully successful” (or equivalent) performance appraisal.
If the employee has worked more than 12 months and does not have an
appraisal, they shall be assumed to be “Fully Successful” for purposes of
telework;
H. The employee must have a telephone, workspace suitable to perform
work, utilities adequate for installing equipment, and space that is free from
interruptions and provides reasonable security and protection for government
property;
I. The employee is willing to sign and abide by the Telework Program
Agreement concerning participation in the Telework Program.
Section 4 - Furniture and Equipment
A. Employees participating in the Telework Program will be provided equipment
necessary to perform their duties, consistent with the telework proposal,
VA Form 0740 (August 2022) and the Alternative Workplace Telework
Agreement.
B. The Department will allow each employee on telework to use an assigned
Department computer at the employee’s ADS. If an employee prefers to use
a personal computer, or if a portable computer is unavailable, the Department
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will load and maintain all software to the personal computer that is necessary
for accomplishing the job. A phone line and portable computer will be
provided.
C. Any time the Department gives up space or otherwise downsizes the oce,
any excess equipment or furniture may be made available to employees in
this program, subject to the limitations of Paragraph A above. Agreements
between the local union and the facility will address how the equipment will
be assigned.
Section 5 - Telework Program Agreement
A. Prior to participating in the Telework Program, employees will be required to
complete, on a one-time basis, a Telework Program Agreement that has been
negotiated between the Department and the local union. A new Telework
Program Agreement must be completed if signicant changes occur (e.g.,
change in ADS address/location, change in supervisor, and/or change in
ocial duty station). Continued participation in telework shall be subject to
periodic review by the supervisor for compliance with the requirements of this
article.
B. The Agreement documents a commitment by the employee and the
supervisor to abide by the applicable guidelines and must be in place before
the employee begins working at an alternative worksite.
C. Participants may be permitted to work at home or other telework worksites full
days or a portion of a day.
D. At a minimum, Telework Agreements must contain the following:
1. ADS location such as the employee’s home address or the address of the
telecenter;
2. The location of the ADS must be of mutual agreement to the employee
and the Department;
3. A telework schedule which identies the days the employee will work
each week, pay period, or month. For intermittent arrangements, the
agreement should prescribe the procedures that will be used for approval
of specically requested days to be worked at the ADS. Agreements for
short term/temporary use should identify the time period (from/to date),
number of days, and hours per week or pay period during which work will
be performed;
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4. Procedures for administrative processes such as leave approval from
the ADS,
time and attendance reporting, weather dismissal time and
attendance, etc.
;
5. Privacy Act/security
provision;
6. Description of the work to be performed at the alternative worksite
that can
include specic duties or projects to be completed and any
deadlines for delivery
that may apply;
7. Any procedures required for work processes such as a requirement to
submit
progress reports, submission, and review of completed work,
participation in
meetings, conference calls, etc.
;
and,
8. The duration of the employee’s participation.
E. Teleworkers must complete and sign the Telework Self-Certication Safety
Checklist (contained in VA- 0740) certifying that the ADS is safe and that all
requirements to do ocial work at home are met. The employee agrees to
permit inspections by representatives of the Department, as required, during
normal working hours to insure proper maintenance of any government-
owned property and conformance with safety standards.
The employee will be provided advance notice of any inspection. The local
union has the right to be present at the inspection. The date of the safety
inspection will be coordinated between the safety inspector and the employee
within ve days of the day that the inspection has been determined to be
needed. The date of this inspection will be provided to the local union.
Section 6 - Hours of Work and Leave
A. Employees performing work at the alternate worksite will follow established
procedures for requesting and obtaining approval of leave, consistent with
Article 35 - Time and Leave of this Agreement.
B. Employees performing work at the alternate worksite are subject to the same
maximum workday limits as they would be if they were performing work
at their ocial duty station, consistent with Article 21 - Hours of Work and
Overtime of this Agreement.
C. The number of days each week, pay period, or month an employee will work
at an alternative worksite will vary depending on the individual arrangement
made between the employee and the supervisor. Employees may work as
few as one day per month or as many as ve days per week for full time
telework.
D. Employees on duty shall be available to participate in regular sta meetings
and other meetings necessary to the accomplishment of work; have
direct interaction with the supervisor, coworkers, and customers; and
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access equipment, les, and reference materials not available at the ADS.
Supervisors will consider deviations from this requirement to include such
circumstances as accommodating physical disabilities, recovery from illness
or injury, eld work, etc.
E. With supervisory approval, employees may choose to change their scheduled
work hours, or change to or from an Alternative Work Schedule. For example,
an employee may begin their work at an earlier time when working from
home since no time is spent commuting to the worksite.
Section 7 - Pay Issues
A. An employee’s pay will not be negatively impacted solely by the employee’s
decision to telework. Overtime pay, premium pay, special salary rate, and
other entitlements continue while the employee telecommutes as long as the
employee remains eligible under Federal pay laws/authorities for overtime
pay, premium pay, special salary rates, and other entitlements. Employees
will be notied by the Department prior to accepting telework of any
consequences to their pay entitlements that will result from telework.
B. The governing rules, regulations, and policies concerning attendance, leave,
and overtime are unchanged by participation in telework. Hours of duty must
be addressed in telework agreements. Employees will be compensated for
overtime or night work performed with approval in advance.
C. To claim expenses related to the business use of part of the employee’s
home, the employee must meet specic requirements as found in the
appropriate Internal Revenue Service’s publications, currently IRS
Publications 17 and 587. It is advisable to consult a tax advisor to see if a
deduction might be available.
Section 8 - Position Descriptions and Performance Standards
A. Telecommuting will seldom require changes in position descriptions, but may
aect factors such as supervisory controls or work environment. An employee
is not relieved of and is expected to meet the performance standards
established for their position at the ocial duty station.
B. When there are no employees performing similar tasks at the ODS,
the performance standards for telecommuting employees should be
results-oriented and should describe the quantity and quality of expected
work products and the method of evaluation.
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Section 9 - Temporary Recall from ADS
A. Employees who are on duty may be required to report to their ODS for
previously scheduled training, conferences, other meetings, or to perform
work on a short term basis that cannot otherwise be performed at the ADS or
accomplished via telephone or other reasonable alternative methods.
B. Employees may also be required to report to their ODS for valid operational
needs to perform agency work which cannot otherwise be performed on
another workday, at the ADS, via telephone, or other reasonable alternative
methods. In such cases, employees will be provided reasonable advance
notice and be provided a reasonable time to report. Employees should make
every eort to report as soon as possible.
C. When requiring an employee to report on short notice, the employee’s needs
will be considered along with the reason for the change in work location.
Section 10 - Requests to Telework
The employee will submit a standard request form, Telework Proposal (VA- 0740) for
their assignment to be performed at the ADS. The request will describe the duties to
be performed and the specic day(s) involved. The request will be submitted to the
Department for approval. The Department will document approval or denial of the
request as soon as possible. Employees must make the request to work at the ADS
at least one workday in advance; however, this time frame may be waived at the
discretion of the Department.
If the assignment is initiated by the Department, and the employee concurs, the
employee is still responsible for submitting a Telework Program Work Assignment
Request (VA-0870a) in addition to signing the Telework Program Agreement
described in Section 5 of this article.
Section 11 - Removal from Program
A. The Department may remove an employee from the Telework Program based
on the employee’s failure to adhere to the requirements specied in the
Telework Program Agreement and/or a decline in overall performance below
the fully successful level. Normally, employees will not be removed from
participation for single, minor infractions of Telework Program requirements.
Supervisors will counsel employees about specic problems before eecting
removal. The counseling will be conrmed in writing. When a decision is
made to remove an employee from the Telework Program, the employee
must be given written notice indicating the reason(s) for removal. The
employee may reapply for Telework Program participation 30 calendar days
after removal from the program, provided that their performance is at least
fully successful.
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B. Any time an employee believes they need to permanently or temporarily
return to work in the ODS, the employee will normally provide the Department
with 30 calendar days notice of the needed change, except in emergency
situations. The Department will make reasonable eorts to accommodate the
employee’s needs. Employees returning to the ODS in these circumstances
must recognize that the equipment and workstations that are made available
by the Department may not immediately be the same as the ones they had
prior to participating in the Telework Program. The Department is expected to
provide the employee a complete work area equal or similar to that of others
in their occupation in their assigned work area within a reasonable timeframe.
Section 12 - Problems Aecting Work Performance
Employees will promptly inform supervisors whenever any problems arise which
adversely aect their ability to perform work at the ADS. Examples could include
situations such as equipment failure, power outages, telecommunications diculties, etc.
Section 13 - Emergency Closing/Group Dismissal
A. A telecommuting employee will sometimes, but not always, be aected by an
emergency requiring the main oce to close. When both the main oce and
the ADS are aected by a widespread emergency, the Department should
grant the telecommuting employee excused absence as appropriate.
B. When an emergency aects only the ADS for a major portion of the workday,
the Department can require the telecommuting employee to report to the
main oce, approve annual leave or leave without pay, or authorize an
excused absence.
C. The telework site may be unaected by emergencies that lead to closings
and dismissals at the ODS. If work can proceed at an ADS, then the
employee may not be excused from duty just because other employees
elsewhere have been dismissed or excused from reporting.
Section 14 - Telecommuting Centers
The parties agree to discuss the feasibility of telecommuting centers.
Section 15 - Emergency Situations
In the event of a local emergency situation such as a transit strike or a natural disaster
which adversely aects an employee’s ability to commute to the workplace, the
parties agree to immediately discuss possible temporary telework arrangements for
aected employee(s).
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Section 16 - Evaluation of Program
The parties agree to meet six months after the implementation of this Agreement
to assess any concerns relevant to employees working at their residence such as
availability of laptop computers.
Section 17 - Union Notication
The local union will be notied when employees are placed on telework and taken o
telework.
Section 18 - Local Telework Negotiations
Upon the eective date of this Agreement, the local parties may begin negotiations
over the following issues:
A. Application and selection procedures for participation in the telework and the
alternative work schedule and compressed work schedule. These procedures
may include, but are not limited to, issues such as negotiating procedures for
breaking ties if the number of applicants exceeds the number of opportunities
available;
B. Methods for resolving conicting employee requests for specic work at home
schedules;
C. Methods for rewarding increased productivity of telecommuters;
D. Procedures for disbursing excess equipment or furniture;
E. Determining the eligibility of other positions, if any, for telework, alternative
work schedules, and compressed work schedules that are not listed as
currently eligible for telework;
F. Determining the feasibility of establishing a local telework committee for
oversight of telework; and,
G. Any other issues aecting the bargaining unit not otherwise covered in this
Article.
Section 19 - Grandfather Clause
On the eective date of this Agreement, employees currently working at an ADS are
not required to reapply for telework.
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ARTICLE 21 - HOURS OF WORK AND OVERTIME
Section 1 - General
A. A change in the administrative workweek and changes in the regularly
scheduled administrative workweek are considered changes in conditions of
employment for purposes of the notice requirement of Article 49 - Rights and
Responsibilities, of this Agreement. There are laws and government-wide
regulations specic to certain groups of employees such as physicians,
dentists, personnel covered by the Baylor Plan, and reghters. Where there
is a conict with this article, those laws and government-wide regulations
shall apply.
B. A rest period of 15 minutes duration will be allowed each employee twice
during each eight hour day, normally one in the rst half and one in the
second half of the shift. A rest period of 10 minutes duration will be allowed
each employee during each period of extended shift overtime of at least
two hours duration. On days when all work is overtime, or in the case of
extended shifts, a rest period of 15 minutes will be allowed for each period of
four hours worked. Rest periods will not be added to periods of leave or the
beginning or end of the employee’s work shift. Except where the immediate
work requirement of an employee’s position requires the employee’s constant
presence, the Department will not restrict employee mobility during rest
breaks.
C. “Basic work requirement” means the number of hours, excluding overtime
hours, that an employee is required to work or is required to account for by
leave or otherwise.
Section 2 - Work Schedule Options (AWS and Credit Hours)
A. General
This section sets forth the procedures to be followed for Alternative Work
Schedule (AWS) including extime, compressed work schedules, and credit
hours. This section also provides a menu of options that employees may
request. AWS means a schedule other than the traditional eight hours xed
shift. Flexible work schedules, compressed work schedules, and credit
hours are included in the denition of alternative work schedule. When an
employee(s) makes a request supervisors must consider operational needs,
including the employee’s work unit(s) and the interests of the employee(s)
before making a decision. The Department shall apply AWS in a fair and
equitable manner. AWS is a subject for local bargaining consistent with this
Agreement. AWS programs will not require the Department to extend the
operating hours of the facility.
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B. Flextime
1. “Flexible work schedule” means an eight hour workday in which the
employee may vary the time of arrival and/or departure. A exible work
schedule includes core time and a exible band. “Flexible time” and
“exible bands” mean the specic periods of the workday during which
employees may opt to vary their arrival and departure times. Whenever
possible, the exible bands shall be 6:00 am to 6:00 pm.
2. “Modied Flex-tour” is a type of extime where an employee selects a
starting time within the established exible time band. This establishes
the employee’s assigned schedule; however, the employee is allowed 15
minutes exibility on either side of the selected arrival time. For example,
an employee selecting 7:30 am as a starting time under modied ex-tour
may report for work any time between 7:15 am and 7:45 am. Changes in
starting time must be approved by the supervisor.
3. “Flex-in/ex-out” - Employees working a exible schedule will be allowed
to ex out and in during the workday, subject to supervisory approval. If
a combination of an employee’s starting time and the amount of time the
employee is away from the worksite precludes the completion of a full
workday prior to 6:00 pm, the employee will be placed in the appropriate
leave category at their request or allowed the use of approved credit
hours, as appropriate.
4. “Core hours” means that period of time when employees on a particular
shift are expected to be at work.
C. Compressed Work Schedule (CWS)
1. “Compressed Work Schedule” (CWS) means, in the case of a full time
employee, an 80 hour biweekly basic work requirement that is scheduled
for less than 10 workdays, and in the case of a part-time employee, a
biweekly basic work requirement of less than 80 hours that is scheduled
for less than 10 workdays and that may require the employee to work
more than eight hours in a day.
a. “5-4-9” is a work schedule that includes eight workdays of nine hours
each plus one workday of eight hours within the biweekly pay period.
b. “4-10” is a work schedule that includes eight workdays of ten hours in
each biweekly pay period.
c. “6-12-8” is an eighty hour bi-weekly basic work schedule that includes
six twelve hour workdays and one eight hour workday.
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2. Requests for CWS:
a.
Each employee desiring to work under a CWS plan
must submit a written
request to their supervisor for a decision. The Department shall act
upon these requests as soon as possible, but in no case later than
30 calendar days after the request is made. If the request is denied,
the supervisor will explain in writing the reasons for the denial; upon
request, a sanitized copy will be provided to the local union. Decisions
on CWS will be made based on valid operational needs. Employees
already established in a CWS will not be required to le a new request
for each pay period.
b. All new employees or re-hires shall be given the opportunity of
requesting participation in the CWS plan.
c. Any conicts in scheduling that result will be resolved in favor of the
employee who is most senior, as dened locally.
d. Employees who wish to terminate or change their participation in a
CWS may do so at the beginning of any pay period after notifying their
supervisor at least one pay period in advance or as negotiated locally.
Hardship situations will be considered to the greatest extent possible
and handled on an individual basis.
e. When this contract is implemented, employees on CWS don’t have to
reapply for CWS in order to continue.
f. Conicts in scheduling that involve more requests for a particular
day o than can be accommodated will be handled in accordance
with the provision of Section 2 C.2.c above. Hardship situations will
be considered on a case-by-case basis and to the greatest extent
possible.
g. Existing policies and practices remain in eect unless in conict or
inconsistent with this article.
h. CWS and credit hours may be used by employees in the same work or
organizational unit.
i. Eligible employees will not be precluded from participating in CWS
based solely on their position.
This includes but is not limited to
Veterans
Benets Administration (VBA), Austin Finance Center, Veterans Health
Administration (VHA), and VA Central Oce (VACO).
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D Credit Hours
1. Denition
a. Those hours within a exible work schedule in excess of the
employee’s daily tour of duty which are performed at the employee’s
option with the approval of their supervisor, so as to vary the length of
a succeeding workday or workweek. Employees cannot be required to
work credit hours in lieu of overtime.
b. Employees on a exible work schedule will not be precluded from
earning credit hours based solely on their position.
2. Procedures
a. Participating employees, including extime/ex-tour participants and
part-time employees, will be authorized to earn up to three credit hours
per day, provided that there is work available for the employee and it
can be performed at the requested time(s).
b. Credit hours shall be earned in 1/4-hour increments and may be used
in 1/4-hour increments.
c. The maximum number of credit hours which a full-time employee
may carry over from pay period to pay period is 24 hours. A part-time
employee may not carry over more than one quarter of the hours in
their basic biweekly work schedule from pay period to pay period.
d. When an employee ceases to work in a work unit where credit hours
may be earned, the employee shall be given the following options:
i. Sucient advance notice to use earned credit hours prior to leaving
the work unit;
ii. Compensation for the earned credit hours at the employee’s current
rate of basic pay; or,
iii. Transfer of the earned credit hours to the new work unit.
3. Request to Work Credit Hours
a.
Normally, the employee will request to work credit hours during
the workday
preceding the day they wish to work.
This request
will be submitted to the
immediate supervisor.
In the supervisor’s
absence, the request shall be
submitted to the next level supervisor.
The request shall be documented as
approved or denied by the
supervisor as soon as possible on the same
day submitted.
b.
The above procedure shall not preclude the working of same
day credit
hours upon mutual agreement of the supervisor and the employee.
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E. Exceptions
1. CWS and Fixed Shift Employees
The parties agree that there are situations that may not readily
accommodate a plan described in this section. Consideration and
disposition of such situations shall be made on a case-by-case basis,
subject to partnership and/or local bargaining.
2. Adverse Impact
If a facility experiences adverse impact pursuant to 5 USC 6131 with
either the
AWS or credit hours, negotiations in accordance with Article 47 - Mid-Term
Bargaining of the Master Agreement will begin immediately in an attempt to
resolve the impact to both
parties’ satisfaction.
3. Temporary Suspension of AWS and/or Credit Hour Plan
Temporary suspension of AWS and/or Credit Hours may be made for
up to 14 days by a facility director, for a bona de emergency, subject to
immediate partnership discussions or negotiations.
F. Special Provisions for Suspension of CWS
1. CWS may be suspended when employees are attending and/or
conducting training with beginning and ending times which would conict
with their CWS schedule.
2. An employee will continue to participate in the CWS plan while in travel
status unless there is a need to change the work schedule; for example,
the hours of operation at the travel site dier from those of the employee.
G. Miscellaneous
1. If the Department proposes to make any change to the AWS Plan (including
the CWS Plan and Flextime Plan) or the Credit Hour Plan of bargaining unit
employees or to restrict the application of the plans to any new position, the
local union shall be notied and given an opportunity to bargain.
2. Employees who are Union representatives who are on a extime plan
shall be allowed to earn Credit Hours while involved in representational
activities in accordance with the provisions of this Agreement. In the
performance of labor-management activities, employees who are Union
representatives will be given the opportunity to work the AWS Plan and/or
the Credit Hour Plan in accordance with the provisions of this Agreement.
3. The parties understand and agree that Credit Hours for FWS are initiated
by the employee, subject to approval by the supervisor. In contrast, the
parties understand and agree that overtime and compensatory time
(with the exception of religious compensatory time) are initiated by the
Department will be requested and bargained locally.
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4. In maintaining adequate stang coverage, it is agreed and understood
that the Department shall approve CWS in a fair and equitable manner.
5. The Department shall provide the local union with advance written notice
of any survey or study concerning AWS and/or Credit Hours in which
information is sought from bargaining unit employees.
6. This Agreement does not preclude an employee from requesting an
altered tour of duty for specic personal reasons.
7. Under a CWS plan, a full-time employee who is relieved or prevented
from working on a day designated as a holiday (or an “in lieu of” holiday)
by federal statute or Executive Order is entitled to their rate of basic pay
for the number of hours of the CWS on that day, per 5 CFR Part 610.
8. If a part-time employee is relieved or prevented from working on a day
within the employee’s scheduled tour of duty that is designated as a
holiday by federal statute or Executive Order, the employee is entitled to
basic pay for the number of hours of the CWS on that day. When a holiday
falls on a non-workday of a part-time employee, they are not entitled to an
in lieu of day for that holiday.
9. Determining in lieu of holidays when holidays fall on non-workdays:
a. If a holiday falls on a non-workday of the employee, except for
holidays falling on a Sunday non-workday, the employee’s preceding
workday will be the designated in lieu of holiday.
b. If the holiday falls on the Sunday non-workday of an employee, the
subsequent workday will be the employee’s designated in lieu of holiday.
H. Lunch Breaks
The Department shall continue the existing lunch and break arrangements.
If the Department determines that an adjustment to lunch and/or breaks is
necessary to solve any signicant public service or operational problems
caused by the AWS Plan, the local union shall be given the opportunity to
bargain on such changes in working conditions.
Section 3 - Tours of Duty/Scheduling
A. For the purpose of this section, these denitions of terms are used:
1. Established Tour - A tour of duty approved with a specic beginning and
ending time.
2. Work Shift - 1st shift (days), 2nd shift (evenings), 3rd shift (nights) within a
24 hour period.
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B. An employee’s workweek will usually not extend over more than ve days of
the period Sunday through Saturday.
C. Employees shall not be scheduled to work more than two of the established
work shifts (days, evenings, and nights) within any fourteen consecutive
day period unless the parties locally agree to a period longer than fourteen
consecutive days.
D. Employees shall not be required to report to work unless they have had at
least 12 hours of o-duty time between work tours. Exceptions may be made
by mutual agreement between the employee and their supervisor.
E. Rotation - Scheduled o-tours shall be rotated fairly and equitably among
aected employees, i.e., day/evening, day/night.
F. Rotation of weekends and holidays shall be on a fair and equitable basis
within a group and may be a subject for local bargaining. The weekends are
dened as Saturday and Sunday and may be expanded to include Friday or
Monday when scheduling permits.
G. Records of weekend and o tours shall be kept by the Department to ensure
fair and equitable treatment of employees. These records shall be readily
available for review by the employees and local union.
H. Seniority among employees with comparable qualications will be the
determining factor for access to a preferred tour. Seniority will be dened locally.
I. Excessive use of overtime in any area will be evaluated by the local union
and the Department to review stang options.
J. Every practicable eort will be made to assure that work schedules will not
be for more than six consecutive days for eight hour tours, three consecutive
days for twelve hour tours, and four consecutive days for ten hour tours with
no less than two consecutive days o. Changes in the above procedures
shall not be made without notice to the local union.
K. The local union shall be provided schedules upon request. Alterations,
procedures, and time frames for posting schedules shall be negotiated locally.
If posted time sheets are altered, notication will be given to the employee in
a timely manner.
L. When a change of uniform is required, the Department will provide up to ten
minutes at the beginning and ending of a tour for the employees to change
clothes. In addition, employees will be allowed a reasonable amount of time
to change clothes when their clothing becomes soiled.
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M. The Department will permit reasonable clean-up time at the end of each
shift for the purpose of returning tools or equipment and cleaning up the
work areas and machinery as necessary in each work area. No employee
shall be required to remain after the end of their shift without appropriate
compensation for the purpose of cleaning up the designated area.
Section 4 - General Overtime Provisions
A. Overtime shall be distributed in a fair and equitable manner.
B. When an employee works overtime, whether covered by the Fair Labor
Standards Act or exempt, such overtime will be paid in increments of 15
minutes.
C. Employees shall be paid dierential and premium pay in addition to the
overtime compensation in accordance with applicable regulations.
D. It is agreed that non-bargaining unit employees shall not be scheduled on
overtime to perform the duties of bargaining unit employees for the sole
purpose of eliminating the need to schedule bargaining unit employees for
overtime.
E. The Department shall make a reasonable eort to give the employee as
much notice as possible when planned overtime is required, and further,
will give due consideration to the employee’s personal circumstances. At
the employee’s request, the Department will endeavor to avoid mandated
overtime exceeding four hours at the end of the employee’s tour of duty.
F. Those employees eligible by Title 5 or Title 38 can accrue and use
compensatory time when approved by the Department. Eligible employees
may request compensatory time o in lieu of premium pay for overtime
work. The approving ocial will consider stang needs in the decision
whether to approve compensatory time. Supervisors shall not require the
above mentioned employees to take compensatory time in lieu of overtime
pay. Appropriate ocials or their designees, may, at the request of a GS
or FWS employee on a exible schedule, grant compensatory time o in
lieu of overtime pay, whether such overtime hours are regularly scheduled
or irregular or occasional in nature. If the employee does not request
compensatory time o in lieu of overtime pay, or if the employee’s request for
compensatory time o in lieu of overtime pay is not granted, the employee
shall be compensated for such overtime under the applicable statutory
provisions.
G. The Department shall, to the extent practicable, permit employees who earn
compensatory time instead of overtime to use their compensatory time at the
earliest time convenient to them within 26 pay periods.
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Normally, compensatory time o shall be granted before annual leave is
approved. If annual leave would otherwise be forfeited, however, the annual
leave shall be granted before compensatory time o. Any employee who is
unable to use compensatory time within 26 pay periods shall receive overtime
pay instead.
H. Employees who are required to work overtime will be allowed to call at no
cost to themselves to make necessary arrangements. This shall include
but is not limited to dependent care arrangements and updates, medical
appointments, classes and self-improvement commitments, etc.
I. When employees in a voluntary situation indicate in advance that they will
work overtime, the Department should have an expectation that they will
keep their commitment. It is understood that employees occasionally may be
unable to report for assigned overtime work. Therefore, an employee who
volunteers for overtime work and fails to report as scheduled without good
cause may have their name placed at the end of any overtime roster.
J. Employees who are called back to work for a period of overtime unconnected
to their regularly scheduled tour or who work overtime on their day(s) o are
entitled to a minimum of two hours overtime pay. Employees called in for
emergency work outside their basic workweek shall not normally be required
to perform non-emergency functions. This does not preclude employees from
being called in to provide coverage in non-emergency situations.
K. Rosters of employees will be utilized to determine voluntary or involuntary
overtime. The mechanics and eligibility of the rosters are subjects for
local negotiations and seniority will be the criterion. The Department will
make available to the Union, upon request, current records of overtime
assignments.
L. Employees required to work through their non-duty meal period shall be paid
for such time.
M. In the event of an extension of a regular work shift into an evening or night
work shift for more than a three hour overtime work period, reasonable time
will be allowed, when possible, for procurement and eating of food. This will
occur no later than three hours after the overtime starts.
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Section 5 - Paid On-Call/Standby
A. Title 5 Employees and Hybrids earning on-call pay under authorities other
than 38 USC 7454.
1. Paid on-call and standby duty will be rotated among all qualied sta.
Records of paid on-call and standby duty shall be kept by the Department
and made available to the local union upon request. Employees scheduled
for paid on-call duty shall be issued pagers or other mobile technology
which will be used to notify them of a need for their return to duty.
2. On-call employees shall not be expected to work more than 16
consecutive hours of actual work, except in rare and unusual
circumstances.
3. Employees will not be required to stay at home unless they are in a
standby duty status (5 CFR 550.141) or required to wear and respond to
beepers/pagers unless they are scheduled to be in an on-call duty status
under the provisions of 38 USC 7457.
4. Employees shall not be scheduled on-call while on annual leave.
5. If an on-call or standby tour of duty is terminated in a work unit, the
decision and reason shall be specic and in writing and forwarded to the
local union to fulll bargaining obligations.
6. Those employees currently in a standby pay retention status will continue
to be paid under the provisions of 38 USC 7457(c).
B. Registered Nurse (RN), Certied Registered Nurse Anesthetist (CRNA),
Physician Assistant (PA), Expanded Function Dental Auxiliary (EFDA), and
Hybrids earning on-call pay under 38 USC 7453(h) or 7454:
1. RNs and CRNAs earn premium pay at 10% of their overtime rate for
ocially scheduled on-call duty pursuant to 38 USC 7453(h). PAs
and EFDAs earn premium pay on the same basis as RNs for ocially
scheduled on-call duty pursuant to 38 USC 7454(a). Other hybrid
employees may earn premium pay on the same basis as nurses for
ocially scheduled on-call duty pursuant to 38 USC 7454(b).
2. Procedures relating to on-call duty for employees covered by Paragraph 1
above are contained in VA Handbook 5007, Part V, Chapter 5, Paragraph
1. This paragraph is purely for informational purposes and is not itself
subject to collective bargaining or grievable under the negotiated
grievance procedure.
3. Records of on-call duty shall be kept by the Department and made
available to the local union upon request.
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Section 6 - Local Negotiations
Those facilities having locally negotiated agreements will continue to honor those
agreements so long as they do not conict with the Master Agreement. A conict shall
be resolved in favor of the Master Agreement.
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ARTICLE 22 - INVESTIGATIONS
Section 1 - General
A. As exclusive representative, the local union shall be given the opportunity to
be present at any examination of an employee in the bargaining unit(s) by a
representative of the Department in connection with an investigation if:
1. The employee reasonably believes that the examination may result in
disciplinary action against the employee; and,
2. The employee requests representation.
B. The right to union representation is not intended to interfere with the routine
interaction between supervisors and employees in the normal course of a
workday.
C. The Department shall annually inform its employees of their right to union
representation under 5 USC 7114(a)(2)(B) by posting notice of such rights on
bulletin boards and through other appropriate means.
D. If any supervisor or Department ocial, in advance of or during the
questioning of an employee, contemplates the likelihood of disciplinary action,
the employee shall be informed of their right to union representation prior
to further questioning. If an employee in the bargaining unit requests local
union representation, the Department will reschedule the meeting as soon as
possible, and the local union will be given the opportunity to be present.
Section 2 - Investigations
A. The Department agrees that before employees conduct a formal
investigation, they shall be properly trained.
B. The Department will inform the local union in advance of a formal
administrative investigation when a bargaining unit employee is the subject of
the investigation or inquiry.
C. Investigations should consider all facts, circumstances, and human factors.
An investigation shall be conducted in an expeditious and timely manner.
D. Employees have the right to be represented by the local union while being
questioned in a formal investigation or while being required to provide a
written or sworn statement. Before such questioning begins or a statement
given, employees will be informed of the reasons they are being questioned
or asked to provide a statement.
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E. If an employee is the subject of an investigation, they will be informed of
the right to local union representation prior to being questioned or asked to
provide a statement. The employee will also be informed of the nature of the
allegation(s). Once an employee requests local union representation, except
in very rare and unusual circumstances, no further questioning will take place
until the local union is present.
F. Supervisors, employees, and local union representatives will not, except as
specically authorized, disclose any information about an investigation.
A copy of the statement of the employee will be given to the employee and/
or the employee’s representative upon request. If no action was taken as a
result of this investigation, the employee who was the subject will receive the
ndings in a timely manner.
G. Upon request, the subject of the investigation and the local union will be
furnished a copy of the complete investigation le (not just the evidence le)
and all other relevant and pertinent information which would be provided
under the Freedom of Information Act (FOIA) or 5 USC 7114, which would
normally include the Administrative Investigation Board (AIB) report ndings.
H. The statement of employee rights and obligations will be consistently applied
throughout the bargaining unit. That statement will be consistent with this
Agreement and include the following:
1. The employee’s right to representation by the local union;
2. The right of an employee to a copy of their personal statement or
testimony; and,
3. The right of an employee not to incriminate themself.
I. When an employee has requested local union representation in an
investigative proceeding, the local union representative may fully and actively
represent the employee and is not limited to the role of an observer.
J. An employee’s representative shall receive a complete copy of all evidence
used to support the Department’s action. This includes, but is not limited to,
copies of all tapes, testimony/transcripts, recommendation and/or ndings,
and photographs. The Department will make every eort to provide additional
information requested by the employee’s representative. The Department
will provide a written explanation of any denial of information requested in a
timely manner.
K. The participation of bargaining unit employees on an AIB will be with the
consultation of the Union.
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ARTICLE 23 - TITLE 5 MERIT PROMOTION
Section 1 - Purpose and Policy
The parties agree that the purpose and intent of the provisions contained herein are
to ensure that promotions are made equitably and in a consistent manner. Promotions
shall be based solely on job-related criteria and without regard to political, religious,
labor organization aliation or non-aliation, marital status, race, color, sex (including
pregnancy, sexual orientation, gender identity, gender expression, transgender
status), national origin, non-disqualifying disabling condition, or age. This article sets
forth the merit promotion system, policies, and procedures applicable to bargaining
unit positions in the Department.
Section 2 - Career Ladder Advancement
A. While promotion within career ladder positions is neither automatic nor
mandatory, career advancement is the intent and expectation in the career
ladder system.
B. The full performance level is the highest grade level to which an employee
may be promoted non-competitively within a career ladder.
C. When the employee requests information about eligibility for promotion to
the next grade in a career ladder position, the Department will provide the
employee with the position description and performance standards for the
next grade level. Upon request, the Department will discuss the dierences
between the current position and the promotion to the next level of the career
ladder with the employee.
D. An employee is eligible for a career ladder promotion provided all of the
following conditions have been met:
1. The employee encumbers a career ladder position;
2. The employee has the ability to perform the higher grade level duties;
3. The employee has completed at least one year in the current grade;
4. There is sucient work at the higher grade level position;
5. Sucient funds are available; and
6. The employee’s current rating of record is “Fully Successful” or higher and
must not rate below “Fully Successful” on a critical element that is also
critical to the performance at the next higher grade of the career ladder.
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E. The Department normally will complete its review of an employee’s eligibility
for a career ladder promotion on or before the 60
th
calendar day before the
employee has completed one year in their current grade.
F. In the event that the employee met the promotion criteria, but the appropriate
Department ocial failed to initiate the promotion timely, the promotion will
be retroactive to the beginning of the rst pay period after the pay period in
which the requirements were met.
G. Additionally, when the Department knows in advance that the budget or
availability of work may impact on promotion in the career ladder, it should
not wait until the end of year discussion to inform an employee that there
may be problems regarding a career ladder promotion. Whether the decision
not to promote is made near the time of the year end appraisal or not, the
rationale behind the decision will be discussed with the employee.
H. The employee will be provided notice of the reasons as to why the employee
is not being promoted.
1. In the instance that the employee is not promoted due to a lack of
available higher graded work or lack of funds, the employee will be
provided notice within seven calendar days of the Department making
that determination. The Department will conduct subsequent reviews at
six-month intervals, and promote or notify the employee as to the reasons
why the employee is not being promoted.
2. If an employee is not meeting the performance criteria for promotion, the
employee will be given a written notice at least 60 days prior to the earliest
date of promotion eligibility. The written notice will state what the employee
needs to do to meet the promotion plan criteria. Should a career ladder
plan require only a three-month training period, the above notice shall be a
reasonable period prior to the earliest date of promotion eligibility.
a. If the employee is not meeting the criteria but is making progress, the
supervisor will ensure that the employee has the opportunity to acquire
pertinent skills and knowledge and to demonstrate that they meet
promotion requirements as soon as feasible.
b. If the employee is experiencing problems, the provisions in Paragraph
I of this section are applicable.
I. At any time a supervisor and/or employee recognize an employee’s need for
assistance in meeting the career ladder advancement criteria, the supervisor
and employee will develop a plan tailored to assisting the employee in
meeting the criteria. The plan should include all applicable training, as well as
any other appropriate support. At the request of the employee, the local union
may provide assistance. If a non-probationary employee fails to meet the
promotion criteria after the appropriate assistance, the Department may:
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1. Provide the employee with additional time to meet the promotion criteria;
2. Assign the employee duties commensurate with their current grade (The
career ladder plan may end, and the employee will remain at the level
they attained within the career ladder. The employee may be reinstated
back into the career ladder plan non-competitively if the employee
remains in the position covered by the career ladder plan.); or,
3. The employee may be assigned to another position at the same
grade and step.
Section 3 – Denitions
For the purpose of this article, the denitions contained in Part 335 and other related
parts of Title 5 CFR shall be incorporated as a part of this Agreement except as
otherwise dened in this Agreement.
Section 4 - Applicability of Competitive Procedures
A. Promotions
Any selection for promotion must be made on a competitive basis unless it is
excluded by Section 5 below.
B. Reassignments/Changes to Lower Grade
Any selection to a position that provides specialized experience that the
employee does not already have and is required for subsequent promotion to
a designated higher grade position and/or to a position with known promotion
potential must be made on a competitive basis.
C. Details
Competitive procedures will be applicable to any selection for detail of more
than 120 days to a higher graded position, to a position with known promotion
potential, or a position which provides specialized experience required for
subsequent promotion to a designated higher-graded position.
D. Training
Competitive procedures will be applicable to selections for training when
eligibility for promotion to a particular position depends on whether the
employee has completed that training.
E. Appointments
Competitive procedures apply to the transfer of a federal employee or to the
reinstatement of a former federal employee to a position above the highest
grade previously held permanently (unless the position is a higher-graded
successor position as described in Paragraph D 5 of Section 5 of this article)
or to a position at or below that grade if the position has promotional potential
above the highest grade previously held permanently. The employee must not
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have been demoted or separated for cause from the higher grade(s) and, when
competitive procedures apply, be identied as a well-qualied candidate with
eligible Department employees to be eligible for appointment. To the extent
feasible, the same qualication standards and the same methods of evaluation
will be applied to both Department employees and persons being considered for
appointment to higher-graded positions above the highest grade previously held
permanently by transfer or reinstatement. If it is determined that these methods
are not feasible, the parties will meet and confer on the methods to be utilized.
F. The procedures for vacancies lled under competitive actions are described
in this article.
Section 5 - Applicability of Noncompetitive Actions
A. Promotions
The following promotions may be taken on a noncompetitive basis unless
otherwise provided:
1. Promotion of the incumbent in a position that is reclassied at a higher
grade due to the accretion of additional duties and responsibilities and not
as the result of a planned management action;
2. Promotion of an incumbent or an individual entitled to re-employment
rights to a position that is reclassied to a higher grade without
signicant change in duties or responsibilities either on the basis of a
new classication standard or as the result of correction of an original
classication error (When the incumbent of the upgraded position meets
the legal requirements and qualication standards for promotion to the
higher grade, the incumbent will be promoted.);
3. Promotion of an employee previously selected competitively for a lower
step of a career ladder;
4. Promotion after receiving priority consideration;
5. Promotion of an employee when directed by authorized authorities (i.e.,
judges, arbitrators, FLRA, and other appropriate authorities);
6. Agencies may noncompetitively reinstate, transfer, or promote an
employee up to the highest grade previously held on a permanent basis
under career or career-conditional appointment, provided the employee
was not demoted or separated from that grade for cause;
7. Temporary promotions to a higher grade totaling 120 days or less during
any 12 month period (If a temporary promotion which was not expected
to exceed 120 days was originally made on a noncompetitive basis, any
extension beyond 120 days must be made under competitive procedures.);
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8. Career ladder promotions following noncompetitive conversion of a
cooperative education student in accordance with the requirements of
applicable OPM policy;
9. Promotion of an employee covered by an approved training agreement;
10. Promotion of an employee placed competitively in a trainee position;
11. Any other noncompetitive action authorized by law or existing
government-wide regulation.
B. Reassignments/Changes to Lower Grade
A reassignment or change to a lower grade position that does not provide
specialized experience that the employee does not already have and is
required for subsequent promotion to a designated higher-graded position
or to a position having no known promotional potential may be taken on a
noncompetitive basis.
C. Details
The following details may be made on a noncompetitive basis:
1. Details of 120 days or less to a higher-graded position (see Article 12 -
Details and Temporary Promotions);
2. Details of 120 days or less to a position at the same or lower grade with
known promotional potential or to a position which provides specialized
experience required for subsequent promotion to a designated higher-
graded position;
3. Details to a position at the same or lower grade with no known promotion
potential or to a position which does not provide specialized experience
required for subsequent promotion to a designated higher-graded
position;
4. Details to unclassied duties.
D. Other Noncompetitive Actions:
1. Conversion of an employee from a temporary promotion to a permanent
promotion in the same position and duty station provided the vacancy
announcement for the temporary promotion indicated that the promotion
could later become permanent;
2. Selection from an OPM-approved register;
3. Transfer of a federal employee or reinstatement of a former federal
employee (including conversion to reinstatement from a temporary
appointment) to a position at the same or lower grade than the highest
permanent grade held under a career or career-conditional appointment
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provided the candidate was not demoted or separated for performance or
conduct reasons from a higher grade, and also provided that the position
does not have known promotion potential to a grade higher than the
highest permanent grade held;
4. Reinstatement to the same career ladder position for which an employee
was previously selected competitively or to a similar career ladder position
having similar qualication requirements and having no greater known
promotion potential;
5. Reinstatement of a former Department employee to a position which
is the higher-graded successor to a position they previously held (Such
reinstatements may be made noncompetitively when classication of
the successor position is based on the establishment of a new position
classication standard or the revision of a position classication standard.);
6. A position change permitted by reduction-in-force regulations;
7. Consideration or selection of:
a. Disabled veterans under 5 CFR 315.604;
b. Disabled veterans under 5 CFR 315.707;
c. Cooperative education students under 5 CFR 213.3202;
d. Veterans Readjustment Appointments under 5 CFR 307;
e. Appointments under 5 CFR 213.3102 (u);
f. Schedule A & B Excepted Appointments;
g. Any other noncompetitive action authorized by law or existing
government-wide regulation.
E. Additional procedures for noncompetitive details and reassignments are
described in Article 12 - Details and Temporary Promotions and Article 13 -
Reassignment, Shift Changes, and Relocations.
Section 6 – Title 5 Vacancy Announcements and Areas of Consideration
A. When the Department elects to post a Title 5 vacancy for consideration of
internal bargaining unit candidates, the following procedures will apply. The
Department reserves its right to make selections for appointments from
among properly ranked and certied candidates or from any other appropriate
non-competitive source authorized by law or regulation e.g., Schedule A.
B. Areas of Consideration for Remote Positions. A remote position is a position
in which the employee, under a written remote work agreement, is scheduled
to perform their work at an alternative worksite and is not expected to perform
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work at an agency worksite on a regular and recurring basis. A remote
worker’s ocial worksite may be within or outside the local commuting
area of an agency worksite. The Department may post a single vacancy
announcement for all areas of consideration but must consider the referred
candidates in the following order:
1. FIRST – The Administration or VA Sta oce posting the vacancy.
2. SECOND - Any other internal candidates of the Department.
3. THIRD - From among properly ranked and certied candidates or from
any other appropriate source.
C. Areas of Consideration for all Other Positions
The Department may post a single vacancy announcement for all areas of
consideration but must consider the referred candidates in the following order:
1. FIRST - Facility-wide (including satellites) except:
a. For VACO unit positions, GS-12 and above, the area of consideration
may be expanded.
2. SECOND – Administration or Sta oce posting the vacancy
3. THIRD – The Department or from any other appropriate source.
D. Information on Vacancy Announcements
Vacancy announcements will include, at a minimum:
1. Statement of nondiscrimination;
2. Announcement number and opening and closing dates;
3. Position number(s), title(s), series, pay plan, and grade(s) (or pay rate);
4. Number of vacancies to be lled;
5. Promotional test to be used, if any, and where applicable, positions in the
“same-line-of-work;”
6. Geographic and organizational location;
7. Time-in-grade requirements, if any;
8. Area of consideration;
9. Summary of qualication requirements and duties for the position;
10. Hours of work and/or the availability of alternative work schedule options;
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11. If appropriate, a statement that the vacant position is a trainee position
leading to a noncompetitive promotion and conditions for promotion;
12. Permanent or temporary nature and duration, if temporary;
13. Instructions on how to apply;
14. Name and telephone number of the personnel specialist or other
individual to contact for specic assessment criteria and other information
relating to the announcement; and,
15. The HR Oce or the address where the application is to be submitted.
The Department agrees to standardize VA vacancy announcements to the extent
feasible.
E. Announcing Career Ladder Vacancies and Vacancies Covered by Training
Agreements
Career ladder vacancies and vacancies covered by training agreements may
be announced at any or all grades.
F. Posting and Distribution of Vacancy Announcements
The Department may post vacancies using a variety of methods including an
automated application tracking system.
1. Individual vacancy announcements will remain open and posted for a
minimum of eight (8) calendar days. The Department may limit or expand
the number of applicants that may be received after the posting date;
2. Open continuous announcements will remain posted at all times. (When
it has been determined that an open continuous vacancy will be lled, the
cut-o notice will be posted in order for all interested employees to apply.);
G. Amending Vacancy Announcements
If a vacancy announcement has been posted and is later found to contain
a substantial error concerning items listed in Paragraph D of Section 6, the
announcement will be amended if the selecting ocial still intends to ll the
position under the competitive process. The amendment should cite the
change(s) and indicate whether or not the original applicants need to reapply
in order to be considered.
H. Vacancy Announcement/Locating Candidates
The local union and each applicant will be notied in writing if an
announcement is canceled and will be provided with a reason for the
cancellation. However, such cancellations will not be used for the purpose of
compromising merit promotion principles.
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Section 7 - Competency Assessments
A. Denition
A competency is a measurable pattern of knowledge, skills, abilities,
behaviors, and other characteristics that an individual needs to perform work
roles or occupational functions successfully. Competencies specify the "how"
of performing job tasks, or what the person needs to do the job successfully.
1. Knowledge is a body of learned information used directly on the job;
2. Skill is a present competence to perform a skill, and unlike an ability,
involves observable, quantiable, and measurable performance
parameters such as typing and pipetting;
3. Ability is the power to perform an activity at the present time. (An ability
is evidenced by the performance of some activity or work and should not
be confused with an aptitude which is only a potential for performing an
activity. An aptitude cannot be determined or measured by information in
applications.);
4. Other Characteristics must be directly observable or measurable and job-
related.
B. The parties agree that competencies developed for all current and future unit
positions, and changes and modications thereto, will be fair, job-related,
applied equitably and uniformly, and established in accordance with law,
higher authority rules and regulations, and this Agreement.
1. For each announced vacancy in the bargaining unit, not less than three
and not more than eight competencies will normally be identied.
a. Competencies shall be measurable (degree of possession can be
discerned) and reasonable (some candidates can be expected to
possess them). Any competencies which do not meet these criteria will
be dropped.
b. The competencies developed will be reviewed to determine which
ones are critical to successful job performance. These competencies
(at least two) will be designated as selection factors.
c. Task examples shall be developed for each competencies. The task
examples shall be derived from, and consistent with, the ocial
PD of record. Task examples shall be identied in the vacancy
announcement and fully documented and made part of the merit
promotion package.
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Section 8 - Ranking Procedure for Competitive Action
Unless the Department elects to refer all minimally qualied candidates to the
selecting ocial, the applications of all minimally qualied candidates will, at the
discretion of the Department, be ranked by either a ranking ocial or ranking panel
prior to referral to the selecting ocial. If applications are ranked the following
procedures will apply.
A. Panel Membership/Ranking Ocial Requirements
1. Ranking ocial or Panel members will not be in competition for the
vacancy(s) and must be at least the same grade or higher, if possible,
than the vacancy to be lled.
2. A relative of an applicant may not serve as a ranking ocial or on the
panel.
3. A ranking ocial and members of a panel should be familiar with the job
requirements of the position(s) being lled.
B. Panel Information
The Department will provide the ranking ocial or promotion panel with all
the necessary information for completing its function.
C. Ranking Ocial/Panel Responsibilities
1. The ranking ocial/panel will evaluate each application in order to
ascertain the relevancy of the candidate’s background (including but not
limited to work experience, awards, training, outside activities, etc.) to
the competencies needed to perform the job successfully. Candidates
will be evaluated on the extent to which they possess the competencies
relevant to the position being lled. This assessment will be based on the
applicant’s description of the proportion of time spent performing relevant
activities, the complexity of the activity, identiable results, level of
contacts involved in performing the work, or the scope of responsibilities
and duties performed.
a. In making this evaluation, the task examples should not be taken
as the only types of evidence which demonstrate possession of a
competency.
2. Determining the Best Qualied List for Referral:
a. First Area of Promotion Consideration.
i. The ranking ocial or evaluation panel will review the listing of
ranked promotion candidates to determine whether a meaningful
break is present. The meaningful break is where:
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a) The lowest ranking candidate above the break should be able to
perform the job with substantially equal success as all candidates
with higher scores, and
b) The highest ranking candidate below the break should not be able
to perform with substantially equal success as those above the
break.
ii. Promotion candidates above the break will be placed on the best
qualied list for referral.
b. Upon request, a copy of any referral list forwarded to a selecting ocial
will be provided to the local union.
D. Multiple Grade Levels or Locations
If an announcement pertains to more than one grade level or geographic
location, a separate list of eligible persons will be developed for each grade
level and location.
E. Documentation
The ranking ocial/panel will document working notes. Notes may be
annotated on worksheets used by the ranking ocial/panel. The notes will
serve as reference material to document the process by which the decision
was made.
F. Condentiality
The results of the ranking ocial/panel’s actions will be treated condentially
and in accordance with provisions of the Privacy Act.
Section 9 - Sources of Information on Candidates
A. Any awards the applicants have received and submitted with their application
must be considered but only to the extent they are relevant to the rating
factors/job elements for the position being lled.
B. information submitted in response to the vacancy announcement will be
used to evaluate qualications and to rate and rank candidates.
C. Interviews
If interviews are used, they must be job-related, reasonably consistent, and
fair to all candidates. If more than one Department ocial is conducting
the interview, a union representative may be present upon the employee’s
request.
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Section 10 – Selection
A. In the event of unanticipated vacancy(s) for the same position as the posted
vacancy occurring within 90 days of the selection, the selecting ocer may
make additional selections from the well-qualied candidates selected from
the original vacancy announcement.
B. When a selection has been made, the Department will arrange a release
date, notify the employee, and ensure that the appropriate personnel forms
are processed. The eective date of a promotion action, other than promotion
within a career ladder, will be the rst day of the pay period in which the
employee is scheduled to report. If an employee has been selected for
promotion, has accepted the oer, and a reporting date has been established,
and the resultant request for personnel action (SF-52) is not timely received
and/or acted upon by the appointing ocial, the action shall be made
retroactive to the reporting date.
C. Employees in career ladder positions who are eligible to be promoted to the
next higher grade level in accordance with Section 2 above, will be promoted
on the rst pay period after meeting the criteria.
D. The Department recognizes that it is important for maintaining high morale to
try to select from within the facility when the candidates are equally qualied
to those candidates available from outside sources. Thus, the Department will
agree to look closely at the relative qualications of candidates from outside
and within and shall exercise good faith in the selection.
E. If the vacancy is one for which an under-representation exists and is a
targeted occupation as identied in the Armative Employment Plan, and
there are well qualied candidates whose selection would reduce the under-
representation, then the selection ocial will give serious consideration to
those individuals.
Section 11 - Priority Considerations
A. Denition
For the purpose of this article, a priority consideration is the bona de
consideration for noncompetitive selection given to an employee as the result
of a previous failure to properly consider the employee for selection because
of procedural, regulatory, or program violation. Employees will receive one
priority consideration for each instance of improper consideration.
B. Processing
The procedures for processing a priority consideration shall be:
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1. Employees will be notied in writing by the authorized Department
ocial of entitlement to each priority consideration. Such notice will
advise employees that if a vacancy is announced and posted and the
employee wishes to exercise their priority consideration, the employee
should submit the necessary application to the Human Resources
Management Services (HRMS) with a written request that they wish
priority consideration for the vacancy.
2. Priority consideration is to be exercised by the selecting ocial at the
option of the employee for an appropriate vacancy. An appropriate
vacancy is one that the employee is interested in, is eligible for, and
which leads to the same grade level as the vacancy for which proper
consideration was not given.
3. Prior to the evaluation of other applicants, the name(s) of the employee(s)
requesting to exercise priority consideration will be referred to the
selecting ocial. The selecting ocial will make a determination on the
request prior to evaluating other applicants.
4. The fact that the employee chooses to exercise a priority consideration
does not preclude that employee from also ling an application through
the regular posting process.
C. Local Union Notication
In order to assure compliance with this section, the local union, upon request,
will be furnished statistics on priority considerations granted and exercised
and the results. Statistics will be kept and provided to the local union on
a quarterly basis. The local union will also be notied in writing of each
individual priority consideration completed.
Section 12 - Keeping Employees Informed
A. Employees who apply for and inquire about a specic promotion action will be
given the following information:
1. Whether they met the minimum qualication requirements;
2. Whether they were in the group from which selection was made;
3. Who was selected; and,
4. Upon request, the selecting ocial shall provide a verbal statement of the
reason(s) why the employee was not selected regarding what areas, if
any, they should improve to increase their chances for future selection.
B. Upon request, an employee will be shown any supervisory appraisal of past
performance which has been used in considering them for promotion. An
employee is not entitled to see records on another applicant unless they are
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the selecting ocial, a member of the selection panel, or otherwise ocially
involved in the promotion process, or they have the written consent of the
subject of the record or are an agency ocial with a need to review the
record. However, an employee and/or the local union shall have access,
consistent with law, government-wide rule, or regulation, to all pertinent
records used in the process of lling vacancies which are requested for the
purpose of processing or ling a grievance, EEO complaint, or other appeal.
Section 13 - Local Union Review of Competitive Actions
A. The local union will be permitted to conduct audits of promotion packages
for all bargaining unit positions when it has reason to believe a discrepancy
exists or when requested to do so by an employee.
B. The local union will provide the Department with the names of the local union
representatives who are responsible for conducting audits. Any changes to
the list of designated representatives will be sent to the Department in writing.
The representative designated to conduct the audit will not have been an
applicant for the promotion package being audited.
C. If the employee chooses to use the Union procedure, they must make a
written request to the local union within 15 working days after the selection
is posted on the biweekly promotion listing. A local union request under
Paragraph A above must be made within the same time limits.
D. The designated Department ocial responsible for the package will, consistent
with the Privacy Act, make the pertinent records from the package available
to the local union auditor within seven working days of receipt of the audit
request. An auditor shall treat information condentially. If, during the course of
the audit, additional information is determined to be necessary, the union can
make a request for that information consistent with 5 USC 7114(b)(4).
E. Employees who elect to use the grievance procedure rather than the Union
audit procedure must initiate action in accordance with Article 43 - Grievance
Procedure.
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ARTICLE 24 - OFFICIAL RECORDS
Section 1 - Ocial Records and Files
No personnel record may be collected, maintained, or retained except in accordance
with law, government-wide regulations, Department regulations, and this Agreement
or its Supplements. All personnel records are condential and shall be known or
viewed by ocials only with a legitimate need to know for the performance of their
duties; they must be retained in a secure location. Employees shall be advised of the
nature and purpose of their eOPF and its location.
Section 2 - Access to Records
A. During normal duty hours, employees and/or their representative(s)
designated in writing shall have the right to examine records personally
identied to the employee (i.e., eOPF, EEO, evidence les, appeal and
grievance records), PDs, and classication standards during normal duty
hours. Employees, or their representative(s) designated in writing, may
receive at no cost copies of personally identied records which have not been
previously furnished. Additional copies will be provided; however, there may
be a charge in accordance with the Department fee schedules in eect at the
time of request.
B. Employees’ access to their own medical records maintained by the
Department may be refused only if, in the sole judgment of a health care
professional, their disclosure would be harmful to the mental or physical
health of the individual. In such cases, the medical record(s) may be released
only to an employee’s representative designated in writing. There may be
instances where the Department health care ocial may encourage the
release of medical information to another health care professional.
C. The employee shall have the right to prepare and enter a concise statement
of disagreement with any document led on the left (temporary) side of the
eOPF. Nothing in this section shall negate an employee’s right to grieve any
matter.
D. Access to personnel records of the employee by the employee and/or the
designated representative will be granted when requested if such records
are maintained on the facility where the employee is located. If the records
are not so maintained, the appropriate administrative oce will immediately
initiate action to obtain the records from their location within three working
days of the request and make them available to the employee and/or
designated representative.
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Section 3 - Outdated Records
A. All ocial personnel records shall be purged and information disposed of in
accordance with appropriate records control schedules.
B. When eOPFs are purged, personal materials provided by the employee shall
be returned to the employee (e.g., transcripts, certicates).
C. Each facility will maintain a system of follow-up to assure that any written
counseling, disciplinary, or similar action with a time limit on it is removed on
the proper date and returned to the employee.
D. If any outdated or unauthorized material is accidentally left in a le, it may not
be used to support any personnel action detrimental to the employee.
Section 4 - Supervisory Notes
A. Individual les on each employee not approved by the Department as an
ocial system of records will not be kept by Department ocials at any level.
B. Subject to Paragraph C of this section, if supervisors make a personal
decision to keep notes on employees, the notes or les:
1. Must be absolutely uncirculated and cannot be reviewed by anyone else
(this includes secretaries, other supervisors, or Department ocials); and,
2. Must be maintained in secure fashion in order to prevent disclosure.
C. Supervisory notes may only be used to support any action detrimental
to an employee if such note(s) have been shown to the employee at the
earliest available time after the entry was made and a copy provided to the
employee. Once an employee has received a copy of the supervisory note(s),
the note(s) can be provided to an appropriate Department ocial with a
legitimate need to know for the performance of their duties.
D. The time frames for retaining supervisory notes will be up to six months,
unless used in a personnel action.
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ARTICLE 25 - OFFICIAL TRAVEL
Section 1 - Compensation and Travel
A. To the maximum extent practicable, time spent in travel status away from
the employee’s ODS will be scheduled by the Department within the
normal working hours. Where it is necessary that travel be performed
during non-duty hours, the employee will be paid overtime or may opt for
compensatory time when such travel constitutes hours of work under 5 USC
or the Fair Labor Standards Act, if applicable. If the travel does not constitute
hours of work under 5 USC or the Fair Labor Standards Act, the employee
may be eligible for compensatory time for travel. It is the employee’s
responsibility to request and obtain travel authority in advance of travel.
B. Ocial travel away from an employee’s ODS is hours of work if the travel is:
1. Within the days and hours of the employee’s regularly scheduled
administrative workweek, including regularly scheduled overtime hours;
or,
2. Outside the hours of the employee’s regularly scheduled administrative
workweek, is ordered or approved, and meets one of the following four
conditions:
a. Involves the performance of work while traveling (such as driving a
loaded truck);
b. Is incident to travel that involves the performance of work while
traveling (such as driving an empty truck back to the point of origin);
c. Is carried out under arduous and unusual conditions (e.g., travel on
rough terrain or under extremely severe weather conditions); or,
d. Results from an event that could not be scheduled or controlled
administratively by any individual or agency in the executive branch of
government (such as training scheduled solely by a private rm or a
job-related court appearance required by a court subpoena).
3. To be creditable as hours of work, travel must be ocially authorized. In
other words, travel must be for work purposes and must be approved by
an authorized agency ocial or otherwise authorized under established
agency policies.
C. When an employee performs ocial travel outside their normal working
hours, but the travel does not constitute hours of work under 5 USC or
the Fair Labor Standards Act, then the employee will be allowed to accrue
compensatory time o for travel.
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D. Employees are entitled to compensatory time o for travel consistent with 5
CFR 550.1404. For the purpose of compensatory time o for travel, time in a
travel status includes:
1. Time spent traveling between the ODS and a temporary duty station;
2. Time spent traveling between two temporary duty stations; and,
3. The usual waiting time preceding or interrupting such travel (e.g., waiting
at an airport or train station prior to departure).
4. Compensatory time o for travel shall be administered consistent with VA
Handbook 5007, Part VIII, Chapter 15. Determinations regarding what
is creditable as “usual waiting time” are within the sole and exclusive
discretion of the employing agency. Employees may request credit of
excess waiting time by providing a written explanation in the Remarks
Section of VA Form 0861. The explanation must include the amount
of excess waiting time requested, the reason for the excess waiting
time, an explanation why the employee was unable to use the time for
personal use and any additional information or documents that supports
the request. Extended periods of waiting time when the employee is free
to rest, sleep, or otherwise use the time for their own purposes, are not
creditable as time in a travel status.
E. Compensatory time o for travel may only be earned for time in a travel
status when such time is not otherwise compensable. Compensable refers to
periods of time creditable as hours of work for the purpose of determining a
specic pay entitlement. For example, certain travel time may be creditable
as hours of work under the overtime pay provisions.
F. Compensatory time o for travel is forfeited:
1. If not used by the end of the 26th pay period after the pay period during
which it was earned;
2. Upon voluntary transfer to another agency;
3. Upon separation from the Federal Government.
G. An employee may not receive payment for unused compensatory time o for
travel.
Section 2 - Change from Per Diem Allowance to Actual and Necessary
Subsistence Expenses
A. Advance Authorization
An employee scheduled to travel in an area for which a per diem allowance
is prescribed may request advance authorization for travel on the basis of
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actual and necessary subsistence expenses. Any such request will normally
be approved when the supporting justication showing that the unusual and
exceptional circumstances for the request meets the requirements of the
Federal Travel Regulations and Department-wide guidelines.
B. Post Approval
Reimbursement for actual and necessary subsistence expenses allowable
under law and/or rules and regulations issued above will normally be
authorized on a post-approval basis if the employee can justify that prudent
expenses required by the ordered travel exceeds (as dened by the Federal
Travel Regulations and Department-wide guidelines) the prescribed per
diem rate. This provision applies only to travel involving assignments of 30
calendar days or less.
Section 3 - Continuation of Approved Travel Expenses
Employees who are unable to arrive at or return from their destination as scheduled
will be reimbursed for authorized travel expenses, and any applicable fees or
penalties provided the inability to arrive or return is due to arduous travel conditions
beyond the employee’s control. Employees in these circumstances will be in travel/
duty status for the duration of their absence.
Section 4 - Advancement of Expenses
A. Employees required to travel shall have the option of requesting a travel
advance. Such request shall be led by the employee as soon as possible
and processed by the Department as expeditiously as possible. Normally,
the Department will not require an employee to travel overnight prior to
receiving a travel advance. If an employee does not have adequate funds,
the Department will make every eort to make alternative arrangements, in
accordance with the Federal Travel Regulations, and Department-wide travel
policy.
B. The Department shall process all claims for travel expenses as expeditiously
as possible. The Department will make every eort to reimburse bargaining
unit employees within ve business days after submission of proper travel
claim.
Section 5 - Transportation, Travel, and Per Diem
A. The Department shall authorize local travel orders and pay expenses for
Union representatives engaged in representational duties on ocial time,
when traveling between locations such as integrated facilities, CBOCs,
Veterans Integrated Service Network (VISN), and Area Oces, or Memorial
Integrated Service Network (MISN), or their successor organizations.
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B. The Department shall not require employees to use a government credit card
unless the employee makes more than ve authorized trips a year. However,
the Department has the discretion to issue a travel charge card to any
employee who requests it.
C. The Department shall issue cell phones or phone calling card(s) to
employees, upon request, while on ocial travel.
D. When an employee on ocial travel uses a privately owned vehicle (POV),
travel expense will be reimbursed consistent with the provisions in this article.
Employees shall neither be required to use POVs for government business
nor shall they suer any loss of pay, reprisal, or adverse action on account of
refusal to use a POV for government business. In the event the use of POVs
is authorized, mileage for such use shall be compensated at the prevailing
rate published in federal regulations.
E. Travel and per diem is an appropriate subject for local bargaining.
Section 6 - Document and Property Loss/Theft
An employee is accountable for government documents or property in their
possession and/or custody. Employees exercising reasonable care will not be held
responsible for documents or property damaged, lost, or stolen from their possession
and/or custody. Employees accountable for transporting government documents
containing personally identiable information must adhere to established work rules
aecting the handling of such documents.
Section 7 - Protective Assistance
The Department recognizes that some travel job assignments present a threat to
the personal safety of employees. When employees or the local union bring such
circumstances to the attention of the supervisor, appropriate measures will be taken
to assure the safety of the employee. The parties agree to jointly review existing
employee protective procedures from time to time to assure that employees receive
the maximum feasible protection from such dangers.
Section 8 - Return to Duty Station
An employee on a long-term assignment may be authorized occasional return trips to
their permanent duty station at government expense on non-workdays. Approval for
such return trips are at the administrative discretion of the authorizing ocial and may
be authorized in accordance with the Federal Travel Regulations and the published
travel policy of the Department.
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Section 9 - Travel Savings Award Program
A. It is the employee’s option whether to participate in the Travel Savings Award
Program. Each time the employee has saved the government two hundred
dollars or more, the Department shall reimburse the employee half the
savings, as expeditiously as possible after the employee properly documents
the savings. The amount of creditable savings will be reduced by the amount
of any additional reimbursable transportation expenses that are incurred,
such as additional taxicab charges.
B. If an employee on approved ocial government travel elects to use their
own personal airline or hotel travel benets, such as free airline vouchers
or frequent traveler club benets and similar items, and the use of the
benets results in a cost savings to the Department, the employee may
request an award of up to half the savings consistent with the Travel Savings
Award Program policy. Such funds shall be reimbursed to the employee
as expeditiously as possible following the employee’s submission of an
approved request for reimbursement.
C. If an employee on approved ocial government travel elects to utilize lodging
that costs less than the maximum lodging per diem rate, or completely avoids
lodging expense, the employee may request an award of up to half the
savings consistent with the Travel Savings Award Program policy. Such funds
shall be reimbursed to the employee as expeditiously as possible following
the employee’s submission of an approved request for reimbursement.
If the employee stays at a hotel, the hotel must be Federal Emergency
Management Administration (FEMA) approved for re/safety requirements.
This can be veried at https://apps.usfa.fema.gov/hotel/, or its successor.
D. Transportation and lodging are not the exclusive bases for realizing
creditable travel savings under this program. Employees may be eligible for
reimbursement in other circumstances, consistent with the Travel Savings
Award Program where the employee demonstrates a cost savings to the
Department.
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ARTICLE 26 - PARKING AND TRANSPORTATION
Section 1 - Local Negotiations
The parties agree that parking is a substantive subject for local supplemental
negotiations to the extent not specically covered in this Agreement.
Section 2 - General
Where employees are not being charged for parking that is available at the time
this Agreement becomes eective, no charge will be initiated for the duration of this
Agreement except where required by law. The parties agree that secure, adequate,
and accessible parking for employees helps better serve customer needs and should
be a consideration in local arrangements.
Section 3 - Relocation
The Department agrees that if they relocate an oce or should circumstances prompt
changes in lease agreements, prior to the “solicitation for oers,” the Department will
notify the local union and/or place the issue on the agenda of the local Partnership
Council. Parking space for the local union is a subject for local bargaining.
Section 4 - Violations
An employee will receive two courtesy warnings and one counseling prior to receiving
a parking citation by VA police except where a vehicle is parked in clearly marked
emergency lanes or parking spaces. All citations issued will be reviewed by the
Director or appropriate Department ocial who may make a recommendation to the
Federal Court. The citation or parking warnings will be purged in accordance with the
VA Records Control Schedule.
Section 5 - Shuttle Service
The Department may provide existing or future shuttle service on a space available,
rst come, rst served basis for employee use. Changes in the shuttle service used by
employees are a subject for local bargaining.
Section 6 - Security
In Department owned parking facilities, the Department will provide a safe and secure
parking area for its employees including, but not limited, to the following:
A. Lighting - Adequate lighting in all parking areas throughout the facility.
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B. Security Service - For employee safety, VA police will provide escort service,
when available and if requested, to parking areas under Department
jurisdiction, trac control, and general facility security.
C. Inspections - Inspections of grounds including facility and parking areas are
to be regularly scheduled.
D. Pedestrian Crosswalks - Crosswalk areas from parking area to facility will be
clearly marked.
E. Signage - Clearly understandable and unobstructed signs (trac, pedestrian,
etc.) consistent with both General Services Administration (GSA) standards
and guidelines and safety trac engineering principles are to be provided.
F. Problem Reporting - Local procedures will be negotiated for problem
reporting, e.g., car lights left on, lights out on parking lots, damaged or
obstructed signs, etc.
G. The provision of electronic security measures and security fencing are
subjects for local bargaining.
Section 7 - Commute Options
A. The parties agree to explore alternative commuting options and to encourage
their use.
B. The Department will make appropriate arrangements for employees to
advertise ride-sharing opportunities.
C. Where possible, the Department will work closely with public transportation
agencies to ensure the availability of public transportation to the facility with
special emphasis on accommodating mobility impaired employees.
Section 8 - Transit Subsidies
A. Transit subsidies are designed to encourage employees to use mass
transportation in commuting to reduce air pollution, noise, and trac
congestion in metropolitan areas.
B. As provided in the VA Directive 0633, or successor document, and any
applicable collective bargaining agreement, qualied employees shall receive
a subsidy in the form of transit vouchers for purchase of “fare media” or
reimbursement that must be used toward public transportation commuting
costs. All eligible bargaining unit employees shall be provided the benet
allowed each employee by the Directive.
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ARTICLE 27 - PERFORMANCE APPRAISAL
Section 1 - Overview
A.
The Department will strive for continuous improvement in performance
to fulll the Department’s commitment to providing quality customer
service. Accomplishment of the mission is intended to be achieved within
an environment that both recognizes the interdependence of employee
contributions and promotes teamwork. Improvement in Department
performance will be sought by analyzing work processes and correcting
systemic problems and/or revising processes, as appropriate.
B. Through a strategic management process, goals will be established,
measured, and monitored in a systematic manner. The results of
performance appraisal may be used as a basis for recognizing and rewarding
accomplishments, identifying developmental needs, and recommending
appropriate personnel actions.
C. The purpose of an employee’s performance appraisal is to provide a fair and
equitable framework for honest feedback and open two-way communication
between employees and their supervisors. The performance appraisal
focuses on contributions within the scope of the employee’s job description in
achievement of the Department’s overall mission. The performance appraisal
process includes an annual written appraisal for each employee.
D. The parties share an interest in improving the performance of the
Department’s workforce. This shall be achieved by establishing elements and
standards that link the employee’s performance to the Department’s mission;
providing employees with frequent feedback; recognizing individual and
group performance; customer service; establishing appropriate rewards for
good performance; identifying areas for improved performance; and actions
to accomplish that improvement.
E. The parties believe that the performance appraisal process, constructively
used, is one of the most eective methods for optimizing the eectiveness of
the Department’s workforce. The Department has a very real responsibility for
helping employees maximize their performance, which can be accomplished
through constructive and positive performance evaluations.
F. The performance appraisal process will emphasize:
1. Communication with employees on a continuing basis regarding their
achievements and areas in which they could improve;
2. Employee and employee representative participation in the development
of the program;
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3. Employee development/evolution of the supervisor’s role to coach (rather
than being used as a disciplinary tool);
4. Continued performance improvement of the organization and its
employees and assistance to employees in improving unacceptable
performance;
5. Recognition of special contributions as part of or in addition to regular job
duties.
G. An annual rating of “fully successful” assures employees of eligibility for
award consideration, promotion consideration, and within grade increases
and serves as a positive, tangible assertion that the employee is meeting
their job requirements.
H. The performance appraisal process as set forth in this article is intended to
be innovative and evolutionary in nature. Its eectiveness is critical to the
Department achieving its mission.
Section 2 - Denitions
A. Appraisal
The process under which performance is reviewed and evaluated.
B. Appraisal Period
The established period of time for which performance will be reviewed and a
rating of record will be prepared.
C. Critical Element
A work assignment or responsibility of such importance that unacceptable
performance on the element would result in a determination that an
employee’s overall performance is unacceptable. Such elements shall be
used to measure performance only at the individual level. Performance plans
must contain at least one critical element that must be used in deriving a
summary rating.
D. Non-Critical Element
A dimension or aspect of individual, team, or organizational performance,
exclusive of a critical element, that is used in assigning a summary level.
Such elements may include, but are not limited to, objectives, goals,
programs plans, work plans, and other means of expressing expected
performance. Performance plans must contain at least one non-critical
element that must be used in deriving a summary rating.
E. Minimum Appraisal Period
The 90 day period during which an employee must have performed under
communicated performance elements and standards that may result in a
performance rating.
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F. Performance
The accomplishment of work assignments or responsibilities.
G. Performance Plan
All written or otherwise recorded, performance elements that set forth
expected performance. A plan must include all critical and non-critical
elements and their performance standards.
H. Performance Rating
The written or otherwise recorded appraisal of performance compared to the
performance standard(s) for each critical and non-critical element on which
there has been an opportunity to perform for the minimum period.
I. Performance Standard
The management-approved expression of the performance threshold(s),
requirement(s), or expectation(s) that must be met to be appraised at a
particular level of performance. A performance standard may include quality,
quantity, timeliness, and manner of performance. Performance standards
can be written for more than one level of achievement where appropriate.
However, performance standards must be written at least at the fully
successful achievement level.
J. Progress Review
A face-to-face meeting with employee(s), at least once during the appraisal
period, about their performance. Such a meeting usually occurs during the
mid point period.
K. Rating Ocial
The Department ocial who rates an employee’s performance. Normally, the
Rating Ocial shall be the immediate supervisor.
L. Rating of Record
The performance rating prepared at the end of the appraisal period for
performance of assigned duties over the entire period and the assignment of
a summary level. This constitutes the ocial rating of record as dened in 5
CFR Part 430.
M. Special Rating of Record
A performance rating prepared at the end of the minimum 90 day period of
performance, used in limited circumstances to document current performance
as a basis of a personnel action.
N. Summary Ratings
The record of the appraisal of each critical and non-critical element and the
assignment of an overall rating. These ratings will be assigned in accordance
with the following criteria:
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1. Outstanding. The achievement levels for all elements are designated as
Exceptional.
2. Excellent. The achievement levels for all critical elements are designated
as Exceptional. Achievement levels for non-critical elements are
designated as at least Fully Successful. Some, but not all non-critical
elements may be designated as Exceptional.
3. Fully Successful. The achievement level for at least one critical element is
designated as Fully Successful. Achievement levels for other critical and
non-critical elements are designated as at least Fully Successful or higher.
4. Minimally Satisfactory. The achievement levels for all critical elements
are designated as at least Fully Successful. However, the achievement
level(s) for one (or more) non-critical elements is (are) designated as Less
Than Fully Successful.
5. Unsatisfactory. The achievement level(s) for one (or more) critical
elements is (are) designated as Less Than Fully Successful.
Section 3 - Policy
A. In its entirety and application, the performance appraisal process will to
the maximum extent feasible, be fair, equitable, and strictly related to job
performance as described by the employee’s job description.
B. Conduct unrelated to job performance shall not be considered in measuring
an employee’s performance.
C. Performance appraisals shall be fair and objective. They shall measure actual
work performance over the entire rating period in relation to the performance
requirements of the positions to which employees are assigned. Regardless
of the source(s) of information used for performance appraisal, such
information will be collected, used, and maintained in accordance with the
Privacy Act.
D. Union ocials who are granted ocial time for representational activities
under Article 48 - Ocial Time, will not be penalized in their performance
appraisals for such use of ocial time. Their performance of duties shall
be evaluated against assigned elements and performance standards for
the time they were available to perform their duties. The use of ocial
time, in accordance with this Agreement, shall not inuence an employee’s
performance evaluation in any way. If an employee union ocial spends
100% on ocial time or does not spend a sucient amount of time in the
performance of regular duties during a performance period to be fairly rated
against the performance standards, the employee’s performance evaluation
for the appraisal period will reect that they were not given a rating for that
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performance appraisal period. For the purposes of personnel actions where a
rating of record is necessary the last rating of record will be used.
Section 4 - Performance Management Responsibilities
Performance
management
responsibilities:
A. Appropriate Department ocials shall be responsible for:
1. Providing supervision and feedback to employees on an on-going basis
with the goal of improving employee performance.
2. Nominating deserving employees for performance awards.
B. Employees are responsible for:
1. Performing the duties outlined in their position description and
performance elements.
2. Promptly notifying supervisors about factors that interfere with their
ability to perform their duties at the level of performance required by their
performance elements.
Section 5 - Performance Standards
A. Objective criteria will be used to the maximum extent feasible in establishing
and applying performance standards and elements. The rating ocial will
establish and communicate in writing to employee(s) critical and non-critical
elements and performance standards, at the beginning of the appraisal period
(normally within 30 days). After initial issuance of critical and non-critical
elements and performance standards, the elements and standards will be
provided annually, thereafter. All aspects of the performance plan, including
numerical standards, measurement indicators, priorities, and weightings, if
applicable, will be communicated in writing to the aected employees at the
time the employees receive their performance elements and standards. The
local union may provide input into any changes to performance standards
and/or establishment of new performance standards.
B. Whether or not more than one level is dened, the rating ocial will provide
the employee with information that is adequate to inform them of what is
necessary to reach an “Exceptional” level on each element. Additional
information regarding performance expectations can be in the form of
written instructions, work plans, records of feedback sessions, responses
to employee questions concerning performance, memoranda describing
unacceptable performance, or any reasonable manner calculated to apprise
the employee of the requirements against which they are to be measured.
This additional specication should be sucient to assist the employee in
achieving the “Exceptional” level.
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C. Performance standards and elements to the maximum extent feasible shall
be reasonable, realistic, attainable, and sucient under the circumstances to
permit accurate measurement of an employee’s performance, and adequate
to inform the employee of what is necessary to achieve a “Fully Successful”
level of achievement. Performance standards that assess an employee’s
manner of performance must be job related, documented, and measurable.
There must be a nexus between the expected manner of performance and
the expected job results.
D. Performance standards must be written at least at the Fully Successful
achievement level. However, standards can be written for more than one
level of achievement where appropriate.
E. The local union shall be given reasonable written advance notice (no
less than 15 calendar days) when the Department changes, adds to,
or establishes new elements and performance standards. Prior to
implementation of the above changes to performance standards, the
Department shall meet all bargaining obligations.
F. To the maximum extent feasible, performance standards shall be dened in
terms of objective criteria. In addition, they shall be dened in the terms of
criteria that are observable, measurable, fair and job-related. Performance
measures in terms of quality, quantity or timeliness, must provide a clear
means of assessing whether objectives have been met.
G. Employees will be evaluated based on a comparison of performance with the
standards established for the appraisal period. Elements and standards shall
be based on the requirements of the employee’s position.
H. Normally, elements are not weighted or assigned dierent priorities. However,
the Department will inform the employee, at the time the elements and
standards are communicated, whether aspects of any job elements are to be
accorded dierent priority. If the elements, standards, or priority changes, that
change(s) will be communicated to the employee when it becomes eective. In
addition, each time an employee is assigned to a new position, the Department
shall communicate the specic elements and performance standards, and any
diering priority of the position that will apply to the employee.
I. When the Department mandates national performance standards, all
bargaining obligations with the Union shall be met at the national level.
Section 6 - Communications
A. An orientation brieng will be provided to all new employees entering on duty,
and there will be an oral discussion to explain, clarify, and communicate the
employee’s job responsibilities as articulated in the employee’s PD and/or
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performance plan. The purpose of this discussion is to ensure that there is a
clear and common understanding of the duties and responsibilities contained
in the employee’s PD and/or performance plan.
B. Orientation sessions shall be held when there is a change in the work
situation. Examples may include, but are not limited to:
1. A change in the supervisor of record;
2. When the employee is detailed;
3. A change in the work unit’s goals, objectives, or work processes;
4. A change in assignments; or
5. When an employee returns from an extended absence.
C. Normally within 30 days after entry into the position or when an employee’s
PD or performance plan is changed, employees shall receive a copy of the
PD and the performance plan. Employees shall be advised of the major tasks
and responsibilities of their jobs, including which are critical and non-critical,
and any priority and weighting for the elements.
D. The rating ocial will assure that the employee has an up-to-date PD,
access to up-to-date copy of the Department’s mission and goals and,
if applicable, the career ladder plan, and will initiate a dialogue with the
employee to discuss the employee’s duties and responsibilities in relation to
the organizational unit’s goals and the Department’s mission. Employees are
encouraged to bring training or developmental needs to the attention of the
supervisor.
E. At the beginning of each rating period and when changes are made
to performance standards the Department agrees that the supervisory
personnel shall meet with their employees to discuss new or revised critical
and non-critical elements and standards; however, if the elements have
not changed, the supervisor shall communicate to them that the critical and
non-critical elements will remain the same for the appraisal period. Critical
and non-critical elements and standards can change, among other cases,
when an employee moves from one level in a career ladder position to
another level. The purpose of the meeting shall be to clarify any questions
that the employees have concerning their performance standards (for
example, explanations or examples of what employees must do to perform at
each level). Any questions left unanswered during the meetings referenced
above will be responded to within one week of the end of the meeting. If
questions remain from a group meeting, the entire group shall be informed of
the response.
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Section 7 - Uses of the Performance Appraisal Process
A. The performance appraisal process is used for making a basic determination
that an employee is meeting their job requirements. It is also the basis for
making certain personnel-related decisions.
B. Within-Grade Increase - An employee who has attained a rating of “Fully
Successful” and has achieved an “acceptable level of competence” will be
entitled to appropriate within-grade increases.
C. A rating of “Fully Successful” will be used as the initial factor in determining
basic eligibility for consideration of awards, promotions, and other personnel
actions.
D. Each element in the employee’s performance plan will be rated with one of the
following “Levels of Achievement:”
1. Exceptional
2. Fully Successful
3. Less Than Fully Successful
E. Performance standards will be written at the “Fully Successful” level of
achievement. Supervisors may elect to write standards at levels other than
the “Fully Successful” achievement level, or to provide other guidance on how
to exceed performance expectations.
F. In general, an “Exceptional” level of achievement means that all “Fully
Successful” performance standards for the element are signicantly
surpassed. This level is reserved for employees whose performance in
the element far exceeds normal expectations and results in signicant
contributions to the organization.
G. An “Outstanding” summary rating is attained when the achievement levels for
all elements are designated as “Exceptional.” An “Excellent” summary rating
is attained when the achievement levels for critical elements are designated
as “Exceptional” and the achievement levels for non-critical elements are
designated as at least “Fully Successful.” Employees who want to achieve
the “Exceptional” achievement level on one or more of their elements are
encouraged to talk with their supervisor about appropriate stretch goals for
each element in question.
H. Any employee receiving an “Outstanding” performance rating shall be eligible
to receive an award.
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I. Any employee receiving an “Excellent” performance rating shall be eligible to
receive an award.
J. Any employee receiving a “Fully Successful” performance rating shall be
eligible to receive an award.
Section 8 - Process
A. All bargaining unit employees will receive an annual performance appraisal
for the period October 1 through September 30, or other dates agreed to by
the national parties, thereby certifying that the job duties and responsibilities
have been performed at an acceptable level. The evaluation will be issued in
writing to the employees within 60 calendar days of the end of the appraisal
period. Employees new to the Department (with less than 90 calendar days)
as of October 1, will receive a delayed evaluation upon completion of the 90
calendar days.
B. If there is a change from one permanent position to another during the last
ninety days of the appraisal year, the special rating of record becomes the
rating of record for the appraisal period. The employee’s existing rating shall
be used as the rating of record until a rating of record is prepared. Ratings for
periods of time which are less than the full annual appraisal period will be so
noted. Ratings of record must be postponed or delayed as required in 5 CFR
430 and 531.
C. The employee self-assessment is a critical source of employee performance
information and can contribute to improved communication between
supervisors and employees. An employee who chooses to prepare such
assessment shall be granted a reasonable amount of time to document the
accomplishment and prepare the assessment. The employee shall submit
that self-assessment to their immediate supervisor within 10 working days
after the end of the appraisal cycle.
D. Employees should be aware that their self-assessment/input is essential
to the appraisal process. Employees are strongly encouraged to provide
information to the rating ocial that can be used to supplement the rating
ocial’s knowledge concerning their performance and contributions to the
mission of the Department. Employees who wish to do self-assessments
under this section will be given appropriate guidance to help them prepare a
performance self-assessment. The guidance will be provided during duty time
and structured around their performance plan.
E. When evaluating performance, the Department shall not hold employees
accountable for factors which aect performance that are beyond the control
of the employee. All changes in working procedures must be communicated
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to employees before they can be charged with errors. If the initial instruction was
communicated in writing, the change should also be communicated in writing.
F. The fact that an employee assumes new tasks, receives new elements,
changes positions, is a trainee, or gets promoted does not create a
presumption that their performance may not be exceptional or otherwise
deserving of recognition or an award. Rather, each employee’s appraisal
shall be strictly based on their performance against those elements that
apply during the relevant appraisal cycle.
Section 9 - Progress Reviews and Informal Discussions
A. Ongoing appraisal - An appraisal program shall include methods for
appraising each critical and non-critical element during the appraisal period.
Performance on each critical and non-critical element shall be appraised
against its performance standard(s). Ongoing appraisal methods shall
include, but not be limited to, conducting one or more progress reviews
during each appraisal period.
B. Supervisors will conduct at least one mid-point formal progress review with
each employee and document the results of the review.
C. The purpose of the progress review is to exchange information concerning
the performance of the employee as compared to the established elements
and standards. In this review, employees are encouraged to discuss
information which impacts on their performance. The supervisor shall
notify an employee of adverse information when they become aware of it;
information not provided to the employee at that time shall not be used to
adversely aect the employee’s performance appraisal. The review may
include identication and consideration of any formal or informal training felt
to be helpful in aiding the employee to accomplish their performance plan.
D. Informal discussions are a standard part of supervision and should occur
throughout an appraisal period.
1. Discussions may be initiated by the supervisor or employee. Discussions
may be held one-on-one or between a supervisor and a work group.
2. Discussions should be candid, forthright dialogues between the supervisor
and employee(s) aimed at improving the work product. Discussions will
provide the opportunity to assess accomplishments and progress and
identify and resolve any problems in the employee’s or work team’s work
product. Where indicated, the supervisor shall provide additional guidance
aimed at developing the employee(s) and improving the work product or
outcome. Discussions will provide the employee the opportunity to seek
further guidance and understanding of their work performance.
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3. Informal discussions may become formal, depending on the
circumstances.
Section 10 - Performance Improvement Plan (PIP)
A. If the supervisor determines that the employee is not meeting the
standards of their critical element(s), the supervisor shall identify the
specic, performance-related problem(s). After this determination, the
supervisor shall develop in consultation with the employee and local
union representative, a written PIP. The PIP will identify the employee’s
specic performance deciencies, the successful level of performance, the
action(s) that must be taken by the employee to improve to the successful
level of performance, the methods that will be employed to measure
the improvement, and any provisions for counseling, training, or other
appropriate assistance. In addition to a review of the employee’s work
products, the PIP will be tailored to the specic needs of the employee and
may include additional instructions, counseling, assignment of a mentor, or
other assistance as appropriate. For example, if the employee is unable to
meet the critical element due to lack of organizational skills, the resulting PIP
might include training on time management. If the performance deciency
is caused by circumstances beyond the employee’s control, the supervisor
should consider means of addressing the deciency using other than a PIP.
The parties agree that placing the employee on 100% review alone does to
not constitute a PIP.
B. The PIP will aord the employee a reasonable opportunity of at least
90 calendar days to resolve the specic identied performance-related
problem(s). The PIP period may be extended.
C. Ongoing communication between the supervisor and the employee
during the PIP period is essential; accordingly, the supervisor shall meet
with the employee on a bi-weekly basis to provide regular feedback on
progress made during the PIP period. The parties may agree to a dierent
frequency of feedback. The feedback will be documented in writing, with a
copy provided to the employee. If requested by the employee, local union
representation shall be allowed at the weekly meeting.
D.
The goal of this PIP is to return the employee to successful
performance as soon
as possible.
E. At any time during the PIP period, the supervisor may conclude that the
employee’s performance has improved to the Fully Successful level and the
PIP can be terminated. In that event, the supervisor will notify the employee
in writing, terminate the PIP, and evaluate the employee as Fully Successful
or higher.
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F. In accordance with 5 CFR 432.105 (a) (2), if an employee has performed
acceptably for one year from the beginning of an opportunity to demonstrate
an acceptable performance (in the critical element(s) for which the employee
was aorded an opportunity to demonstrate acceptable performance), and
the employee’s performance again becomes unacceptable, the Department
shall aord the employee an additional opportunity to demonstrate acceptable
performance before determining whether to propose a reduction in grade or
removal.
Section 11 - Performance-Based Actions
A. Should all remedial action fail and the employee’s performance is determined
to be unacceptable, the supervisor will issue a rating of unacceptable
performance to the employee. One of the following actions will be taken:
reassignment, reduction to the next lower appropriate grade, or removal.
B. An employee who is reassigned or demoted to a position at a lower grade
shall receive a determination of their standing after 90 calendar days in the
new position.
C. A notice of reassignment for performance reasons shall contain an explanation
of the reasons why training had been ineective or inappropriate. When a
reassignment is proposed in these instances, the following shall apply:
1. The reassignment shall be to an available position for which the employee
has potential to achieve acceptable performance;
2. The employee shall receive appropriate training and assistance to enable
the employee to achieve an acceptable level of performance in the position;
3. The reassignment shall be within the commuting area of the employee’s
current position; and
4. The reassignment shall be at the grade and step level equal to that of the
position held by the employee prior to the reassignment.
D.
An employee whose reduction in grade or removal is proposed for
unacceptable
performance is entitled to:
1. Thirty calendar days’ advance written notice of the proposed action which
identies both the specic instances of unacceptable performance by
the employee on which the proposed action is based, and the critical
element(s) of the employee’s position involved in each instance of
unacceptable performance;
2. A reasonable time, not to exceed 20 calendar days, to answer orally and
in writing;
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3. A reasonable amount of authorized time up to eight hours, to prepare an
answer (additional time may be granted on a case-by-case basis);
4. The employee and/or their representative will be provided with a copy of
the evidence le.
E. An ocial who sustains the proposed reasons against an employee in an
action based on unacceptable performance will set forth their reasons for the
decision in writing.
F. The employee will be given a written decision which:
1. Species the instances of unacceptable performance on which the
decision is
based; and
2. Species the eective date, the action to be taken, and the employee’s
right to
appeal the decision.
G. The nal decision in the case of a proposed action to either remove or
downgrade an employee based on unacceptable performance shall be based
on those instances which occurred during the 1-year period ending on the
date of the notice proposing the performance-based action.
H. The decision shall inform the employee of their right to appeal to either the
Merit Systems Protection Board (MSPB) in accordance with applicable laws
or to le a grievance under the negotiated grievance procedure.
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ARTICLE 28 - REDUCTION IN FORCE
Section 1 - Purpose
The Department and the Union recognize that unit employees may be seriously
and adversely aected by a Reduction in Force (RIF), stang adjustment (Title 38),
reorganization, or transfer of function action. The Department recognizes that attrition,
reassignment, furlough, hiring freeze, and early retirement are among the alternatives
to RIFs that may be available. This article describes the exclusive procedures the
Department will take in the event of a RIF, reorganization, or transfer of function as
dened in this article. It is also intended to protect the interests of employees while
allowing the Department to exercise its rights and duties in carrying out the mission of
the Department.
Section 2 - Applicable Laws and Regulations
For purposes of Title 5 employees, the policy, procedures, and terminology described
in this article are to be interpreted in conformance with 5 USC 3501-3504, 5 CFR
Part 351, 29 CFR 1613.203, and other applicable government-wide laws and
regulations. For purposes of Title 38 employees, the policies, procedures, and
terminology of this article are to be interpreted in conformance with VA Directive and
Handbook 5111. Either party may reopen Directive and Handbook 5111 within one
year with proper notice. Any successor to the Directive and Handbook or changes or
revisions to this document will be developed through the predecisional involvement
of the Union and subject to collective bargaining.
Section 3 - Application
The Department agrees to fairly and equitably apply this article and any laws or
regulations relating to any matter in this article.
Section 4 - Union Notication
A. Directors of VA facilities shall be responsible for properly notifying the Union
in conjunction with any of the actions described in this article.
1. A facility-based action aecting the interests of one local union shall
require notice to the President of that local.
2. A facility-based action aecting the interests of two or more local unions
shall require notice to a party designated by the Union.
B. For actions covered by this article, the Department agrees to notify the Union
as described in Paragraphs A 1 and A 2 in this section at the earliest possible
date but no later than 90 calendar days prior to the eective date.
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C. All notices per Sections A and B above will be given prior to any notice to
aected unit employees. Verbal notices will be conrmed in writing.
D. A properly constructed notice to the Union under this section shall consist, at
a minimum, of the following information:
1. The reason for the action;
2. The approximate number, types, and geographic location of position
aected; and,
3. The approximate date of the action.
Section 5 - Denitions
For the purpose of this article, the following terms are dened in law and regulations
and are included for informational purposes:
A. Reduction-In-Force (RIF)
When the Department releases a competing employee from their
competitive level by furlough for more than 30 days, separation, demotion, or
reassignment requiring displacement, when the release is required because of
lack of work, shortage of funds, insucient personnel ceiling, reorganization,
the exercise of reemployment rights or restoration rights, or reclassication
of an employee’s position due to erosion of duties when such action will take
eect after the Department has formally announced a RIF in the employee’s
competitive area and when the RIF will take eect within 180 days.
B. Transfer of Function
The transfer of the performance of a continuing function from one competitive
area and its addition to one or more other competitive areas or the movement
of the competitive areas in which the function is performed to another
commuting area is known as a transfer of function.
C. Reorganization
A reorganization is the planned elimination, addition, or redistribution of
functions or duties in an organization or activity.
D. Title 38 Stang Adjustments
Changes resulting in a reduction of full-time Title 38 sta may occur through
separation or reassignment to other facilities or other commuting areas,
changes in assignment or reassignment within the facility, and changes to a
lower grade or pay based on changes in stang levels or patterns of at least
one full-time permanent Title 38 employee.
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E. Competitive Area
An area in which employees compete for retention is known as a Competitive
Area. A competitive area must be dened solely in terms of the Department’s
organizational services or units and geographical location, and it must include
all employees within the competitive area as dened.
F. Competitive Level
Positions in a competitive area that are in the same grade (or occupational
level) and classication series that are so alike in qualication requirements,
duties, responsibilities, pay schedule, and working conditions that the
incumbent of one position can successfully perform the critical elements
of any other position in the level upon assignment to it, without loss of
productivity or undue interruption is known as competitive level.
Competitive levels for Title 38 employees will be determined in accordance
with VA Directive and Handbook 5111.
Section 6 - Freezing of Vacancies
The Department will freeze all relevant vacant positions within the facility 60 days
prior to the eective date of a RIF. When the Department decides to ll a vacant
position after the eective date of the RIF, whether previously frozen by virtue of
RIF or in the creation of new vacancies, employees who have been demoted will be
oered the vacancy, provided the employee is qualied or has been given a waiver
of qualications for the intended position. Employee entitlement to this special
consideration shall be determined in accordance with Section 24 of this article.
Section 7 - Employee Notication
An individual employee who is adversely aected by actions stated in this article
shall be given a specic notice not less than 60 days prior to the eective date of the
action. All such notices shall contain the information required by the OPM regulations
in addition to the information required by this article.
Section 8 - Content of Notices
The content of the specic notice shall include the following information:
A. The specic action to be taken;
B. The eective date of action;
C. The employee’s competitive area, competitive level, subgroup and service
date, and the annual performance ratings of record for the applicable three
years;
D. The place where the employee may inspect the regulations and records
pertinent to their case;
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E. The reasons for retaining a lower standing employee in the same competitive
level because of a continuing exception;
F. Grade and pay retention information; and,
G. The employee’s grievance or appeal rights.
Section 9 - Employee Information
The Department shall provide complete information needed by employees to fully
understand the action and why they are aected. At a minimum, the Department shall:
A. Inform all employees as fully and as soon as possible of the plans or
requirements for actions in accordance with applicable rules and regulations;
B. Inform all employees of the extent of the aected competitive area, the
regulations governing such action, and the kinds of assistance provided to
aected employees;
C. Maintain and publicize a list of vacancies Department-wide and maintain a
copy of the government-wide job bulletins, such as Federal Jobs or Federal
Research Service; and,
D. Conduct a placement program within the Department to minimize the adverse
impact on employees who are aected by RIF. The placement program will
include counseling for employees by qualied personnel on opportunities and
alternatives available to aected employees.
Section 10 - Personnel Files
The Union may review any bargaining unit employee’s eOPF at an employee’s
request in writing if the employee believes that the information used to place them
on the register is inaccurate, incomplete, or not in accordance with laws, rules,
regulations, and provisions of this article.
Section 11 - Records
The Department will maintain all lists, records, and information pertaining to actions
taken under this article for at least two years in accordance with applicable rules and
regulations.
Section 12 - Retention Register
The Department will state in writing that to the best of its knowledge the retention
register is accurate as of the date it was developed. A copy of the retention register
will be made available to the Union at the earliest possible time.
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Section 13 - Employee Use of Authorized Time and Department Facilities
A. Employees who are identied for transfer of function, separation, or change
to a lower grade as a result of RIF under this article shall be entitled to
reasonable time while otherwise in a duty status without charge to leave for:
1. Preparing, revising and reproducing job resumes and/or job application
forms;
2. Participating in employment interviews;
3. Using the telephone to locate suitable employment; and,
4. Reviewing job bulletins, announcement, etc.
B. Such employees will also be entitled to reasonable use of the following
facilities and/or services for the purpose of locating suitable employment:
telephone, reproduction equipment, interagency messenger mail, e-mail,
typing, and counseling.
Section 14 - Performance Appraisals
Except for employees who are re-rated after a period allowed in 5 CFR Part 432,
annual performance appraisals for purpose of retention standing will be frozen 60
days prior to the eective date of the action. The three latest annual appraisals of
record prior to the freeze will be used to determine eligibility for additional credit
toward an employee’s service computation date. To be credited under this section,
an appraisal must have been issued to the employee with all appropriate reviews and
signatures and must be on record.
Section 15 - Release from Competitive Level
When an employee is to be released from their competitive level, the “best oer” is
made. The oer will be as close to the employee’s current grade as possible and in
the same commuting area if possible.
Section 16 - Employee Response to Specic Notice
Upon receipt of specic notice notifying the employee that they are oered a
reassignment or change to lower grade or will be released from their competitive level,
the employee shall have the 14 days specic notice period in which to accept or reject
the oer made. If a position with a higher representative rate or grade (but not higher
than the rate or grade of the employee’s current position) becomes available on or
before the eective date of the RIF, the Department will make the better oer to the
employee. However, making the better oer will not extend the 60 day notice period.
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Section 17 - Reassignment to a Dierent Geographic Area
Dislocation of employees outside of their commuting area shall be avoided when
the Department has alternatives. When the Department is not able to place an
employee within the local commuting area and the employee is reassigned to another
geographic area, such action will be considered to be in the best interest of the
government. The employee’s relocation expenses shall be at government expense
and reimbursed at the authorized rates.
Section 18 - Relocation Trips
When the Department assigns an employee to a position requiring a move to another
geographic area, the employee will be granted administrative leave and/or excused
absence, as appropriate, to locate housing and make related arrangements at the
new work location. The employee shall be placed in travel status for such trips and
shall receive travel and per diem reimbursement at the authorized rates.
Section 19 - Time Allowed for Relocation
Employees reassigned to a dierent commuting area who relocate will be allowed a
period of time, as appropriate, to complete the move and report to work at the new
work location.
Section 20 - Displaced Employees
The Department shall provide any employee to be separated by RIF or transfer of
function with the appropriate information regarding unemployment benets available
to them.
Section 21 - Details
Employees on detail will not be released during a RIF from the position to which they
are detailed but, rather, from the aected employee’s permanent position of record.
Section 22 - Transfer of Function
A. When a transfer of function occurs, the Department will rst solicit qualied
volunteers for transfer from among those employees in positions that have
been identied for transfer. If there are not enough qualied volunteers
from among these aected employees, the Department will solicit qualied
volunteers from the competitive area.
B. If the total number of employees who volunteer for transfer exceeds the total
number of employees required to perform the function in the competitive area
that is gaining the function, preference will be given to the volunteers with the
highest retention standing. In the event there are not enough volunteers for
the transfer, the employee with the lowest retention standing will be selected.
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C. Whenever possible, aected employees who do not volunteer to be
transferred shall be reassigned to vacant positions within the competitive
area for which the employee is qualied and which the Department has
determined to ll.
Section 23 - Repromotion Rights of Aected Employees
For a period of two years, aected employees demoted by an action covered by
this article will be re-promoted to vacancies as they occur according to the following
criteria:
A. The Department determines to ll the vacancy;
B. The employee has the requisite skills and abilities for the position without
undue interruption; and,
C. Another qualied employee does not have a higher retention standing.
Section 24 - Reemployment Priority Rights of Aected Employees
Career and career-conditional employees who have received a specic RIF notice
and have not declined a valid job oer at a rate lower than the current grade will be
entered on the Department’s Reemployment Priority List (RPL) for the commuting
area in which they are qualied and available. Department components must use
the RPL in lling vacancies before oering employment to an individual from inside
or outside the Department (with some exceptions for veterans). Career employees
may remain on the list for two years and career conditional employees for one year
from the date of separation unless removed earlier through placement or declination
of an oer.
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ARTICLE 29 - SAFETY, HEALTH, AND ENVIRONMENT
Section 1 - General
A. The parties recognize that a safe and healthful work environment is valued
by the Department; is necessary for the accomplishment of the Department’s
missions; and contributes to a high quality of life for the employees. It shall
be the responsibility of the Department to establish and maintain an eective
and comprehensive Occupational Safety and Health Program (Program) in
accordance with Public Law 91-596, the Occupational Safety and Health Act
of 1970 (referred to as the Act), Executive Order 12196, 29 CFR Part 1960
(and all its sub parts along with Directives and the VA Handbooks 7700 and
7700.1) and, 29 CFR 1904 (Occupational Safety and Health Administration
(OSHA) Recordkeeping Provision for Federal Employees). In administering
the program, the Department agrees to recognize the Union as the exclusive
representative of bargaining unit employees. The Department shall furnish
places and conditions of employment which are free of recognized hazards
and unhealthful working conditions.
B. The Department will abate recognized hazards that are causing or are likely
to cause death or serious harm and protect employees in the interim.
C. Specic procedures for preventing and abating safety and health hazards will
be jointly developed with the Union through the National, Intermediate, and
Local Safety committees.
Section 2 - National Safety and Health Committee
The Union will have representation for each of the administrations that is a part of the
Department Safety and Health Committee. Bargaining unit employees who spend
time on the National Safety and Health Committees initiated by the Department in a
nonrepresentational capacity will be on duty time. Bargaining unit employees serving
in a union representational capacity will be on ocial time. This ocial time will not
be counted against any allocated ocial time as described in this agreement. The
Department shall pay for all meeting related travel expenses as well as per diem. The
parties shall exchange agenda items as far in advance as possible of the meeting so
that travel and per diem may be arranged.
Section 3 - Union Participation
A. The Union President will designate ve National Safety and Health
Representatives who will each be on 50% ocial time. They will work with
the Department’s national-level safety and health ocials in developing and
implementing the Program. The National Safety and Health Representatives
will represent the interests of the Union and the employees in the
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development and implementation of all aspects of the Department’s and
Administrations’ occupational safety and health program. The National Safety
and Health Representatives will be the points of contact for any safety and
health initiatives at the Department, Administration, and/or System levels that
impact employee safety and health. The parties will develop joint training
programs and materials in safety and health for bargaining unit employees.
The representatives will provide training and assistance to local unions in the
performance of their responsibilities under the Program. The National Safety
and Health Representatives may visit facilities within the bargaining unit to
work with local unions on safety and health matters. Notice of such visits will
be given to the Director of each facility.
B. The Department recognizes that Union participation in its Occupational
Safety and Health Program is essential for the success of that Program.
The Union may designate representatives at the facility level, intermediate
levels, and the National level who will represent the interests of the Union
and the employees in the development and implementation of this Program.
The parties agree that work on the Safety and Health Program is a part of
the ongoing Partnership between the Department and the Union. Time spent
serving as a Union representative during safety and health inspections, as a
member of a Safety and Health Committee or its subcommittees, developing
plans for abatement of materials, investigating accidents, and safety-related
committee assignments will be considered duty time.
C. The National Safety and Health Representatives will be given copies of
all Designated Agency Safety and Health Ocial (DASHO) letters and
other national-level communications to the eld on safety and health
matters as well as all safety manuals and publications. The DASHO written
correspondence and reports will include the Department’s goals and
objectives annually for reducing and eliminating occupational accidents,
injuries, and illnesses. The report should include the plans and procedures for
evaluating VBA, NCA, and VHA occupational safety and health programs and
their eectiveness at all operational levels.
D. The Department will pay tuition, travel, and per diem expenses for each
National Safety and Health Representative to attend at least one conference
each year.
E. The NVAC President may designate additional representatives to work on
individual projects of mutual interest to the parties. The NVAC President
may designate representatives at the National or appropriate intermediate
levels within the Department to develop and implement the Safety and Health
Program at that level.
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F. The Union’s National, Intermediate, and local union Safety and Health
Representatives will be authorized the use of long distance communications
and conference call capabilities.
G. Each local union at a bargaining unit facility may designate a local Safety and
Health Representative who will serve as the local union’s point of contact for
safety and health matters at the facility. Functions of local Safety and Health
Representatives include, but are not limited to the following:
1. Conduct joint inspections;
2. Issue joint reports regarding inspection ndings to the appropriate
Department ocial;
3. Participate, as appropriate, in inspections conducted by governmental
authorities outside the Department’s control including Joint Commission;
4. Receive and investigate employee reports of unsafe or unhealthy
conditions (employees should submit such reports to both the local
union’s and Department’s representatives);
5. Develop and monitor abatement plans needed to correct local conditions
as appropriate (all personnel subject to the hazard shall be advised of the
action and of the interim protective measure in eect and shall be kept
informed of the subsequent progress on the abatement plan. To document
receipt, the completed Abatement Plans will be jointly signed by the local
union’s Safety Representative and a representative from the Department);
6. Refer matters to Environmental Protection Agency (EPA), OSHA and/
or National Institute for Occupational Safety and Health (NIOSH) as
appropriate;
7. Receive copies of any written notice referred by a facility ocial in
response to an employee report of an unsafe or unhealthy condition, in
compliance with 29 CFR 1960 time limits;
8. Monitor preventive maintenance plans for Heating, Ventilating, and Air
Conditioning (HVAC) system components;
9. Receive all reports of security incidents involving threats to employees,
their oces, and property (such reports may be sanitized as appropriate);
10. Receive all accident reports (such reports may be sanitized as
appropriate).
H. Each facility with 25 or more employees will have an Occupational Safety
and Health and Fire Prevention Committee (Committee) in accordance with
29 CFR 1960 and all its subparts.
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I. The local union will be aorded representatives on such Committees, the
number of which is subject to local negotiation. The facility’s Committee may
establish subcommittees to address particular issues or subjects, and the
local union will be represented on each subcommittee. The local union will
be given the opportunity to have a representative on any other facility-level
committee that relates to the safety and health issues of bargaining units.
These will include, but not be limited to, Blood Borne Pathogens and Infection
Control Committees.
J. The local union will be given the opportunity to participate in all scheduled
workplace inspections which are intended to detect hazards to employee
safety and health, whether conducted by Department Safety and Health
personnel, non-Department employees acting on behalf of the Department,
OSHA and EPA personnel, or other regulatory agencies and bodies.
Section 4 - Standards
A. The Department shall comply with Occupational Safety and Health Standards
issued under Section 6 of the Act and/or where the Secretary of Labor has
approved compliance with alternative standards in accordance with 29 CFR
1960 and all its sub-parts. The Department will notify the Union in accordance
with Article 47 - Mid-Term Bargaining, prior to the submission of any alternate
standards to the Secretary of Labor. On a case-by-case basis, the parties
shall adopt more stringent safety and/or health standards to address specic
concerns.
B. Personal Protective Equipment (PPE), as required by appropriate OSHA
standards to protect employees from hazardous conditions encountered
during the performance of their ocial duties will be provided and replaced
as necessary at no cost to employees required to wear specic PPE.
Employees who are exposed to the hazards of outdoor environments, such
as heat or extreme cold weather, will be provided appropriate PPE to OSHA
recommendations. Some commonly needed types of PPE include, but are
not limited to: safety glasses; steel-toed safety shoes/boots; SPF lotion; etc.
Hazard assessments to determine the need for PPE will be conducted by
each facility for each workplace. These assessments will also evaluate the
need for and feasibility of engineering controls or other devices designed
to reduce workplace injuries and illnesses or eliminate the need for PPE.
These assessments will be documented and a copy provided to the local
union. When assessments determine the appropriateness of PPE, aected
employees will have the opportunity to choose from available and appropriate
styles and sizes to optimize employee comfort and protection. Employees will
receive training on the proper use and care of PPE.
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C. Consistent with 5 CFR 1910.132, the Department shall provide training to
those employees who are required by this section to use PPE and shall
certify in writing that the training was provided.
D. Nothing in this section precludes local level negotiations.
Section 5 - Report, Evaluation, and Abatement of Unsafe and Unhealthful
Working Conditions
A. Any employee, group of employees, or representatives of employees
who believe that an unsafe or unhealthful working condition exists in any
workplace has the right to report such condition to the appropriate supervisor,
the facility director, the appropriate Department Safety and Health ocial, and
the Union. In the case of immediate threat to life or danger of serious physical
harm, the employee shall immediately report the situation to the supervisor
and/or facility Safety and Health personnel.
B. Facility Safety and Health personnel and local safety representatives will
evaluate employee reports of unsafe or unhealthful working conditions in
accordance with 29 CFR 1960. The local union will be formally notied of all
hazards as dened in 29 CFR 1960.
C. The Department agrees to ensure prompt abatement of unsafe and
unhealthful working conditions.
D. If there is an emergency situation in an oce or work area, the rst concern
is for the employees and the public they serve. Should it become necessary
to evacuate a building, the Department will take precautions to guarantee
the safety of employees and the public. Individuals ordinarily will not be
readmitted until it is determined in conjunction with whatever expert resources
have been called in, depending on the circumstances, that there is no longer
danger to the evacuated personnel. “Expert resources” may include, but
are not limited to, local police departments, the Federal Protective Service,
local re departments, appropriate health authorities, etc. The local union
Health and Safety Committee members or local union Health and Safety
Representatives will be notied as soon as the Department becomes aware
regarding the emergency situation.
E. In accordance with 29 CFR 1960, an abatement plan will be prepared if the
abatement of an unsafe or unhealthy working condition will not be possible
within 30 calendar days. Such plan shall contain a proposed timetable for
the abatement and a summary of steps being taken in the interim to protect
employees from being injured as a result of the unsafe or unhealthy working
conditions.
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F. When abatement action is dependent upon GSA or other lessors, the
abatement must be prepared in conjunction with appropriate members of that
group. The facility Health and Safety Committee will be timely notied and
consulted, and all personnel subject to the hazard shall be advised of interim
measures in eect and shall be kept informed of subsequent progress on the
abatement plan.
G. Prior to the establishment of an ocial abatement plan, the Department shall
take interim steps for the protection of the employees.
H. Any equipment, devices, structures, clothing, supplies, tools, or instruments
that are found to be unsafe will be removed from service, locked-out, and/ or
tagged-out or rendered inoperative, as appropriate.
I. An employee and/or their representative submitting a report of unhealthful
or unsafe conditions should be notied in writing within 15 days if the ocial
receiving the report determines there are not reasonable grounds to believe
such a hazard exists and does not plan to make an inspection based on such
report. A copy of each such notication shall be provided by the Department
to the appropriate certied safety and health committee, where established.
The Department’s inspection or investigation report, if any, shall be given
to the employee and/or their representative 15 days after completion of the
inspection, for safety violations, or within 30 days, for health violations, unless
there are compelling reasons.
Section 6 - Comprehensive Analysis of Injuries and Illnesses
A. The Department agrees that comprehensive analysis will be performed to
determine causes and appropriate corrective actions concerning patterns of
injuries and illnesses that occur at each facility. The analysis will examine
such factors as: the general conditions under which the aected employee’s
job is performed; the processes and procedures involved in the performance
of that job; and, any unusual factors that may have contributed to the injury
or illness. Recommendations to correct the conditions that contributed to
the injury or illness will be included in the written results of this analysis and
presented to the facility safety committee.
B. Particular attention will be paid where patterns of injuries or illnesses are
found in a given occupation, facility, or part of a facility. Experience in
correcting hazards will be shared within the Department in an eort to nd
optimal ways of reducing injuries and illnesses.
C. The Department shall post a copy of its agency annual summary of federal
occupational injuries and illnesses for a facility, as compiled pursuant to
29 CFR 1960.67 or 1960.69, at such facility, not later than 45 calendar
days after the close of the scal year or otherwise disseminate a copy of
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the annual summary for a facility in written form to all employees of the
facility. Copies of the annual summary shall be posted for a minimum of
30 consecutive days in a conspicuous place or places in the facility where
notices to employees are customarily posted. Where facility activities are
physically dispersed, the notice may be posted at the location to which
employees report each day. Where employees do not primarily work at or
report to a single location, the notice may be posted at the location from
which the employees operate to carry out their activities. Each federal
agency shall take necessary steps to ensure that such summary is not
altered, defaced, or covered by other material.
Section 7 - Imminent Danger Situations
A. The term “imminent danger” means any conditions or practices in any workplace
which are such that a danger exists which could reasonably be expected to
cause death or serious physical harm immediately or before the imminence of
such danger can be eliminated through normal procedures (29 CFR 1960.2(u)).
B. In the case of imminent danger situations, employees shall make reports by
the most expeditious means available. Consistent with 29 USC 651 and 29
CFR Part 1960 the employee has a right to decline to perform their assigned
tasks 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 insucient time to eectively seek corrective
action through normal hazard reporting and abatement procedures.
However, in these instances, the employee must report the situation to their
supervisor or another supervisor who is immediately available.
C. If the condition can be corrected and the corrected condition does not pose
an imminent danger, the employee must return to work. If the supervisor
cannot correct the condition, the supervisor shall request an inspection by
facility safety and/or health personnel.
D. A local union representative will be given the opportunity to be present during
the inspection by the facility safety and/or health personnel. If facility safety
and/or health personnel decide the condition does not pose an imminent
danger, the instruction to return to work shall be in writing and contain a
statement declaring the area or assignment to be safe. When this notication
is given to the employee, the local union shall be notied in writing as well.
E. When the Department receives a report that a dangerous, unhealthful or
potentially dangerous or unhealthful condition is present at a particular work
site, the Department shall notify the Health and Safety Committee and the
local union Health and Safety representative(s) of the alleged dangerous or
unhealthful condition.
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Section 8 - Training
A. The Department shall provide safety and health training for employees,
including specialized job safety training, appropriate to the work performed
by the employee. This training will address the Department’s and the facility’s
Occupational Safety and Health Program, with emphasis on the rights and
responsibilities of employees.
B. The Department will provide basic and specialized safety and health training
for Union Safety and Health Representatives. In accordance with applicable
law and regulations, the Department shall provide training for all duties
commensurate with the scope of the responsibilities.
C. The Union will participate in the development of safety and health training,
including curriculum and training materials.
Section 9 - Allegations of Reprisal
The Department agrees there will be no restraint, interference, coercion,
discrimination, or reprisal directed against an employee for ling a report of an unsafe
or unhealthful working condition or for participating in Department Occupational Safety
and Health Program activities or because of the exercise by an employee on behalf of
themself or others, of any right aorded by Section 19 of the Occupational Safety and
Health Act, Executive Order 12196, or 29 CFR 1960.
Section 10 - Work-Related Injuries and Illnesses
A. Employees must report any and all injuries that are work-related to their
supervisor. The supervisor will take appropriate action to insure that:
1. The employee has the opportunity to report to the Employee Health
Physician or their personal physician for treatment, completion of
necessary reports, etc.
2. Appropriate facility personnel are promptly notied to ensure timely
processing of necessary reports and employee claims. The Department
agrees that assistance will be given to employees in preparing
necessary forms and documents for submission to the Oce of Workers’
Compensation Programs (OWCP) and those employees will be informed
of their rights under the Federal Employees’ Compensation Act, as
amended in 1974.
B.
An employee who has sustained a work-related injury or
illness will be required
to perform duties only to the extent and limits as prescribed by the treating
physician or the Employee Health Physician, as appropriate. No employee
will be assigned duties when, in the physician’s opinion, this would aggravate
the employee’s injury or illness. In the event that the employee’s supervisor
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does not have limited duty that meets the physician’s stated limitations for the
employee, the supervisor will make a good faith eort to locate limited duty
work within the facility that the employee can perform. If limited duty is not
available, the employee will be placed on continuation of pay, if eligible, or
in an appropriate leave status at the employee’s option. The local union may
suggest limited duty opportunities at the facility. The Union has the right to
represent any unit employee at any stage of this procedure (see Article 19 -
Fitness for Duty).
C. Within seven calendar days after receiving information of an occupational
injury or illness, appropriate information concerning such injury or illness shall
be entered on the log. The record shall be completed within seven calendar
days after the receipt of information that an occupational injury or illness has
occurred.
D. Qualied inspectors must have sucient documented training/experience in
recognizing the particular safety and/or health hazard that they are inspecting
(note 29 CFR 1960.25). At the request of the local union, the Department
will certify in writing, by reference to classes/ experience, that the inspector
is suciently competent to recognize and evaluate the particular safety and/
or health hazard that they are inspecting, and to suggest general abatement
procedures.
Section 11 - Use of Insecticides/Chemicals
There will be no application of insecticides/chemicals during working hours. However,
exceptions may be made in sensitive hospital areas. Such other chemicals include
paint, carpet glue, HVAC cleaning agents, and similar construction or maintenance
chemicals. Whenever pesticides are used in a large scale application, the Health and
Safety representatives as well as employees will receive advance notice about the
spraying. Individuals with special health needs will be reasonably accommodated.
Section 12 - Leases
A. Prior to occupancy by any employee of space occupied by the Department,
the Department will provide the local union a copy of the pre-occupancy
inspection to identify possible hazards or serious violations of OSHA standards.
All leases will comply with 29 CFR 1960.34 and 41 CFR Part 102. Careful
consideration should be made by the Department to avoid incompatible
groupings, e.g., chemical or biological laboratories in oce space.
B. Pursuant to 29 CFR 1960.30(d), when a hazard cannot be abated before
occupancy, the local union and all employees subject to the hazard shall
be advised of the preliminary abatement plan and of interim protective
measures in eect, and shall be kept informed of subsequent progress on the
abatement plan.
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C. These provisions are not a waiver of the local union’s right to request
additional information, consultation, and bargaining.
Section 13 - Temperature Conditions
The parties recognize that temperature conditions in and around work areas can
have a direct bearing on employees’ health. As a part of an overall emergency
contingency plan, supervisors who may have employees who are susceptible to heat
or cold illness within their working environment will have a written plan for appropriate
emergent cooling or heating procedures. The parties agree that the problem of
temperature extremes, either hot or cold, and appropriate measures to reduce the
risk of exposed employees are appropriate matters for referral to established Health
and Safety Committees or to the local Health and Safety Representatives, consistent
with the American Society of Heating, Refrigerating, and Air-Conditioning Engineers
(ASHRAE) guidelines and preventive medical guidelines for emergency procedures.
Section 14 - Asbestos
A. The Department shall conduct an inspection in each facility to determine
the existence of asbestos. Qualied inspectors will inspect the facility for
asbestos under EPA standards for Hazardous Air Pollutants regulation.
B. The Department will review all construction and/or space modication
contracts and/or work orders to determine if asbestos is present and, if so,
how to proceed with appropriate removal or containment.
C. The Department will notify the local union prior to initiating procedures for
asbestos removal.
D. Where it has been determined that asbestos exists in a facility, the
Department will conduct periodic air sampling as appropriate.
E. If air sampling indicates that airborne concentrations of asbestos bers
exceeds regulatory levels, exposed employees will be notied in writing
of the exposure within ve days after discovery of the excessive asbestos
concentration. The Department will assist aected employees in lling out
and ling the appropriate OWCP forms.
F. If the airborne asbestos concentration amounts are exceeded, the
Department will insure abatement of the asbestos hazard pursuant to 29 CFR
1910.1001(f).
G. Once signicant airborne asbestos particles are detected, the Department
will conduct sampling at intervals of no greater than three months to monitor
employee exposure levels.
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H. Union Health and Safety representatives will be given training on asbestos
removal and permitted to monitor removal procedures.
I. Union Health and Safety Representatives will be given a copy of all tests
monitoring asbestos levels.
J. Asbestos abatement plans may include the discontinuance of work or the
shifting of employee work location. Notice of such abatement action will be
provided to the local union in advance, except in an emergency situation in
which the local union will be notied as soon as possible. The Department will
meet its labor obligations in both instances.
K. The Department will ensure that all external surfaces within the unrestricted
work environment in any facility shall be maintained free of accumulation of
asbestos bers.
L. Asbestos and asbestos-contaminated material shall be collected and
disposed of in accordance with appropriate EPA regulations.
M. The Department will institute a medical surveillance program for all
employees substantively engaged in work involving asbestos for 30 or more
days per year. Employees who are exposed to airborne asbestos bers will
receive medical monitoring.
N. The Department will make available medical examinations and consultations
to each employee prior to assignment to an area containing asbestos which
requires that negative pressure respirators be worn.
O. When an employee is assigned to an area where substantive asbestos
exposure will exceed 30 or more days per year, a medical examination must
be given within 10 working days following the 30th day of exposure.
P. The Department shall record all measurements taken to monitor employee
exposure to asbestos including tremolite, anthophyllite, and actinolite. Such
records shall be maintained for at least 30 years. The records will include
information such as the date of measurement, the operation which caused
exposure, the sampling method employed by the Department, the number,
duration and results of the samples, type of protective devices worn, and
name of the employee exposed.
Q. The Department will initiate a maintenance program in all facilities that contain
asbestos. Such a maintenance program will include:
1. Inventory of all asbestos containing materials in a facility;
2. Periodic examinations of asbestos containing materials to detect deterioration;
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3. Written procedures for handling asbestos materials;
4. Written procedures for asbestos disposal;
5. Written procedures for dealing with asbestos related emergencies;
6. Training of those required to handle asbestos containing material in safe
handling procedures;
7. Training of all aected personnel in prohibited activities which would
enhance dangerous exposure; and,
8. The Department must inform all aected employees regarding the
standards contained within this section regarding asbestos.
Such information must be provided to each employee on a yearly basis and include
instructions regarding safe asbestos handling. Also, access to information regarding
exposure records and medical records must be provided on a yearly basis.
Section 15 - Mold
A. The Department shall conduct an inspection in each facility to determine the
existence of mold. Qualied inspectors will inspect the facility for mold under
EPA standards for Hazardous Air Pollutants regulation.
B. The Department will review all construction and/or space modication
contracts and/or work orders to determine if mold is present and, if so, how to
proceed with appropriate removal or containment.
C. The Department will notify the local union prior to initiating procedures for
mold removal.
D. Where it has been determined that mold exists in a facility, the Department
will conduct periodic surface and air sampling as appropriate.
E. If surface or air sampling indicates that airborne concentrations of mold
exceeds levels in the control sample, exposed employees will be notied in
writing of the exposure within ve days after discovery of the excessive mold
concentration. The Department will assist aected employees in lling out
and ling the appropriate OWCP forms.
F. If the airborne or surface mold concentration amounts are exceeded, the
Department will ensure abatement of the mold hazard.
G. Once signicant airborne or surface mold particles are detected, the
Department will conduct sampling at intervals of no greater than three months
to monitor employee exposure levels.
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H. Union Health and Safety Representatives will be given training on mold
removal and permitted to monitor removal procedures.
I. Union Health and Safety Representatives will be given a copy of all tests
monitoring mold levels.
J. Mold abatement plans may include the discontinuance of work or the shifting
of employee work location. Notice of such abatement action will be provided
to the local union in advance, except in an emergency situation in which the
local union will be notied as soon as possible. The Department will meet its
labor obligations in both instances.
K. The Department will ensure that all external surfaces within the unrestricted
work environment in any facility shall be maintained free of accumulation of
mold.
Section 16 - Use of Respirators
Situations requiring employees to wear respirators for safety shall be a subject for
local bargaining which will include a process for respirator t testing.
Section 17 - On-site Security
A. The Department shall protect employees from abusive and threatening
occurrences and shall take reasonable precautions to ensure such
protections.
B. The Department shall arrange for emergency protective assistance at each
facility to enable employees to receive assistance if the situation requires it.
C. Whenever an employee is faced with a physically threatening situation, the
Department shall provide appropriate assistance.
D. Employees shall not be required to divulge personally identiable information
to the public in individual circumstances where the employee reasonably
believes harassment or physical abuse may result. In such cases, the
employee should inform the supervisor in a timely manner.
E. The Department shall equip reception areas with appropriate security devices
to ensure, to the maximum extent possible, employee safety.
F. All phones will be labeled with appropriate emergency numbers.
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Section 18 - Emergency Preparedness
A. Each facility shall have an emergency preparedness plan. This plan will
publish the chain of command which will identify a member of the Department
who will be physically present for employee direction during all scheduled
work hours in each installation. The plan will also cover employee procedures
in the event of re, earthquake, bomb threat, tornado, ood, hurricane,
weapons of mass destruction, or similar emergency or nationally declared
emergencies. Evacuation drills will be conducted quarterly.
B. The Department agrees to make reasonable eorts to assure that each
installation has adequate personnel available to administer Cardio-Pulmonary
Resuscitation (CPR). All clinical personnel and other employees required to
respond to code calls will become familiar with all work site locations within
the facility.
1. The Department will provide CPR shields and masks for those employees
administering CPR.
2. Training for CPR certication and/or recertication will be at no cost to the
employees.
C. The Department agrees that the rst concern when an employee is injured
on the job is to make certain that the employee gets prompt emergency
medical treatment. Doubts over whether medical attention is necessary will
be resolved in favor of arranging medical treatment.
D. When it is necessary to assist an employee to return home because of
illness or incapacitation or to provide transportation to a medical facility,
the Department will arrange for transportation. If a co-worker is required to
transport the employee, there will be no charge to leave for the co-worker.
E. The Department agrees to maintain adequate rst aid supplies at each
permanent installation. All employees will have reasonable access to these
supplies.
Section 19 - Smoking Cessation Program
A. The parties agree that they will intensify eorts to assist those employees
who are interested in breaking the smoking habit. The parties are committed
to making cessation programs available to each and every employee
who wishes to participate in them. The mechanics of the programs are an
appropriate subject for local bargaining. Programs will include or be similar
to programs conducted by the American Lung Association or the American
Heart Association.
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B. Employees who wish to stop smoking but who are unable to successfully
complete a smoking cessation program, or who have quit smoking but are
experiencing related diculties, may seek additional assistance through the
EAP. Employee participation in assistance or cessation programs is strictly
voluntary.
Section 20 - Video Display Terminals - Ergonomic Environment
Video Display Terminal (VDT) refers to a computer-like terminal which displays
information on a television-like screen.
A. The policy of the Department is to provide safe and healthful workplaces for
all employees. In keeping with the policy, the Department acknowledges that
there are certain ergonomic and environmental factors that can contribute
to the health and comfort of VDT users. These factors involve the proper
design of work stations and the education of managers, supervisors, and
employees about the ergonomic job design and organizational solutions to
VDT problems as recommended in various studies published by the NIOSH.
B. The Department agrees that employees should be provided information about
ergonomic hazards and how to prevent ergonomically-related injuries. This
information could be provided by OSHA Safety and Health Guidelines and
other available literature. The Department agrees to provide, to the maximum
extent possible, workstations and equipment (chairs, tables, workstations,
lighting, keyboards, screens, and printers, etc.) that meet ergonomic design
criteria. It is also agreed that when equipment is purchased, to the extent
possible, training should be provided by a vendor on how to safely and
properly operate that equipment.
C. The Department will achieve this by:
1. Purchasing, using, and maintaining VDTs in a safe manner;
2. Providing accessory equipment, to include, but not limited to, keyboards,
worktables, chairs that are height-adjustable and provide proper back
support, foot rests, wrist rests, document holder, glare screens, and other
ergonomic equipment;
3. The national parties agree to the process below for the purchase
of furniture and oce equipment to address individual requests for
workstation modication. Options:
a. Negotiate using a locally-developed, mutually-agreed process;
b. Negotiate on a case-by-case basis; or,
c. Use the Alternative below;
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Alternative:
1) The employee will be given an ergonomic assessment, which will
identify the employee’s needs and the available modications;
2) The employee will be provided a list of available furniture/equipment;
3) The employee and a representative of the local union will meet
with a Department ocial to discuss and decide on the employee’s
choice from among the available options;
4) The employee’s choice will be selected if it is reasonable,
considering all the circumstances.
The local parties also may agree to use the above procedure
for furniture or equipment that is to be provided to a group of
employees.
d. Seeking and acquiring information and technical assistance, as
needed, from appropriate resources on methods for most eectively
designing VDT work station layouts;
e. Laying out workspaces that are properly illuminated to reduce glare
and ensure visual comfort to VDT users while providing adequate
lighting for traditional clerical tasks;
f. Educating employees about the proper and safe operations of VDTs,
including the value of interspersing prolonged periods of VDT use with
other work tasks requiring less intensive visual concentration;
g. Where there are prolonged periods of VDT use and no other work
tasks available, those employees shall be given a rest break;
h. Distributing information to all employees annually on VDTs and ergonomic
furniture and identifying Department resources for more information;
i. Reviewing the set-up of equipment and furniture for VDT work stations
as a regular part of safety and health inspections.
D. VDT Emissions Test
In accordance with standards for acceptable radiation emissions of VDTs, the
Department will conduct periodic tests of terminals for any emissions. Any
terminal that tests above standard will be repaired to meet the standard, or it
will be removed from service.
E. Non-VDT Work Reassignment Request
If a pregnant employee requests reassignment for all or some portion of
their pregnancy and has a written recommendation from their physician, the
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Department will reassign that employee to do available work that does not
involve the use of a VDT.
F. VDT Breaks
Where an employee uses a VDT or other keying device for at least one hour,
the employee shall receive a 10 minute break for every hour of utilization.
Such breaks will be in addition to regularly scheduled rest periods. This does
not preclude employees from receiving rest breaks when suitable non-VDT
work is not available.
G. Lighting
1. VDTs shall be placed perpendicular to and away from windows and
between rows of lights, to avoid excessive glare and where such an
arrangement is not possible, windows shall be tted with blinds or drapes.
2. Where the eorts in A. above have not satisfactorily resolved the problem
of excessive glare, employees who operate a VDT will be furnished with
an anti-glare screen.
3. An articulating task light which is adjustable in direction and intensity will
be provided for users upon request.
4. The Department will provide lighting that is adequate/appropriate for the
work setting.
H. Keyboard and Screen
1. Keyboards should be placed on a level and stable surface for normal
keying function.
2. Keyboards, in combination with their supporting surface, chair and other
furniture shall permit users to adopt and maintain neutral wrist positions.
3. Screens shall be easily adjustable for brightness.
4. Screens shall be adjustable horizontally and vertically to t the user’s line
of vision.
5. Employees who operate a VDT will, upon request, be provided with
adaptive devices such as a padded wrist rest, mouse pads, document
holders that have adjustable height and tilt, foot rests, keyboard trays,
and other appropriate adaptive devices designed to prevent repetitive
strain injuries. The procedures stated in C.3 of this Section will be used in
considering such requests.
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I. Printers
1. Excessive impact printer noise shall be reduced by a combination of
distance and/or noise-reducing techniques, such as noise-reducing cover
or shield, carpeting, partitions, and sound absorbing ceilings and walls.
Printers will meet the requirements of 29 CFR 1910.95(b)(1).
2. Printers will be placed in a manner so that employees do not have to
excessively bend, stoop, or reach to remove printed materials.
J. Chairs and Desks
1. The Department shall provide ergonomic adjustable chairs, designed to
minimize musculoskeletal discomfort.
2. When making an ergonomic assessment, professional consensus
standards, including but not limited to, American National Standards
Institute (ANSI) and NIOSH, should be considered when purchasing
chairs and desks. When assigning work space and purchasing chairs
and desks, professional consensus standards, including but not limited
to ANSI and NIOSH, will be followed when required by the National
Technology Transfer and Advancement Act.
K. Training and Education
1. The Department shall provide information annually for the safe and
healthful operation of VDTs and associated equipment. The information
shall include, but not be limited to instructions on relaxation exercise for
visual and musculoskeletal strain, the proper use of footrests and wrist
rests, adjusting furniture, proper posture, and other benecial work habits.
2. As new information becomes available, employees will be provided with
updated information.
Section 21 - Vision Program
This section concerns VDTs, eye examinations, and eyeglasses/contacts (including
disposable lenses) and is entered into by and between the Department and the
Union. This Agreement covers all employees in the AFGE bargaining unit that use
a workplace VDT as part of their normal work and when the use of such equipment
requires using PPE by an employee during the performance of their ocial duties
in order to mitigate hazardous conditions encountered. Any examinations or special
eyeglasses/contacts given as PPE in this section must be consistent with OSHA
guidelines regarding VDT usage.
A. Employees experiencing eye problems from use of a workplace VDT would
meet with the Department and explore options provided in Section 20 above
to address this problem.
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B. Employees shall only be eligible for VDT related eye exams and eyeglasses/
contacts (including disposable lenses) based upon supervisory certication
that the employee does use a VDT in the course of their ocial duties and
eorts made consistent with Section 20 are not sucient to address the
results of the VDT use associated with the position. Based on receiving this
certication the employee can request reimbursement as provided in Section
C below.
C. To request reimbursement, the employee must present a form obtained
from the Department to a licensed optical practitioner (e.g., optometrist or
ophthalmologist) which will indicate that any prescription should only be for
workplace VDT use. The practitioner must certify on the form that the special
eyeglasses/contacts (including disposable lenses) are for workplace VDT
use. Special eyeglasses/contacts are those that are:
1. Required due to workplace VDT use if the person would not require the
use of special eyeglasses/contacts or other treatment for a job that would
not cause the same level of eye problem; or,
2. The special eyeglasses/contacts required for the work at the workplace
VDT are dierent in prescription or design from those which would be
required to meet the other general daily vision needs of the individual.
This form must be returned to the Department. If an eligible employee
provides a completed form and a prescription from the practitioner indicating
that the employee needs special eyeglasses/contacts (including disposable
lenses) in order to operate a workplace VDT without eyestrain or because of
other optical-related problems, the Department shall reimburse the employee
for 100% of the eye examination in an amount not to exceed $50.
D. An employee who has met the conditions listed in A and B above will be
entitled to a pair of special eyeglasses/contacts (including disposable lenses)
for workplace VDT operation at Department expense. The Department will
bear the cost up to $175. The Department will either procure the special
eyeglasses/contacts (including disposable lenses) of the employee’s
choice, or will reimburse the employee upon the presentation of proper
documentation. The option will be left to the Department.
E. Employees shall be entitled to a reasonable amount of excused absence to
obtain eyeglasses/contacts (including disposable lenses), and VDT eyeglass/
contact examination and tting, provided that the employee, in fact, has an
authorized VDT eyeglass/contact (including disposable lenses) prescription.
Normally, this will not exceed two hours total time for all matters.
F. If an eligible employee who has already received a Department provided
pair of VDT glasses/contacts (including disposable lenses) believes that they
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need a new VDT-related prescription, they shall be eligible to re-participate in
the program, consistent with each of the steps identied above.
G. Eyeglasses/contacts (including disposable lenses) provided for under
the terms of this Agreement remain government property, and as such,
the employee may be requested to surrender them when the employee
separates from the Department.
H. Employees are ineligible for participation in the Department’s vision program
while on OWCP, Leave Without Pay (LWOP) or extended sick leave.
Section 22 - Indoor Air Quality
A. The parties agree that all employees are entitled to work in an environment
containing safe and healthful indoor air quality.
B. The Department shall provide safe and healthful indoor air quality by
conforming to laws, guidelines, regulations, and/or policies issued by federal
regulatory agencies such as OSHA, ASHRAE, EPA, and GSA.
C. On-site investigations/inspections will be conducted when a problem
concerning Indoor Air Quality or Building Related Illness is formally brought
to the Department’s attention. These investigations/inspections shall
meet the criteria of the GSA Federal Property Management Regulations
and the ASHRAE, the protocols of OSHA, or the American Conference of
Government Industrial Hygienists.
D. In compliance with engineering standards, the Department shall maintain
ventilation eciency:
1. Ensuring that outdoor air supply dampers and room vents are open;
2. Removing or modifying partitions or obstructions which block fresh air
ow;
3. Balancing the system to prevent inow or outow of contaminated air due
to pressure dierentials between rooms.
E. In all facilities, the Department shall ensure that:
1. Appropriate measures are taken to minimize and/or eliminate the impact
of contamination from outside sources such as garages, cooling towers,
building exhausts, etc.;
2. Where the levels of such contaminants become health threatening, the
Department will either seek to relocate or evacuate the facility;
3. Temperature is maintained in accordance with ASHRAE standards;
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4. Humidity is maintained in accordance with ASHRAE standards;
5. Filtration, electronic cleaners, chemical treatment with activated charcoal
or other absorbents are used.
F. Microbial Contamination
1. The Department agrees to eliminate or control all known and potential
sources of microbial contaminants by assessments and appropriate response
to all areas where water collection and leakage has occurred including oors,
roofs, HVAC cooling coils, drain pans, humidiers containing reservoirs of
stagnant water, air washers, fan coil units, and lters. Such response will
normally require prompt cleaning and repair of contaminated areas.
2. The Department also agrees to:
a. Clean and disinfect or remove and discard porous organic materials
that are contaminated (e.g., damp insulation in ventilation system,
moldy ceiling tiles, and mildewed carpets); and,
b. Clean and disinfect non-porous surfaces where microbial growth
has occurred with detergents, micro biocides, or other biocides and
insuring that these cleaners have been removed before air handling
units are turned on.
In any leased space the Department will deal with the lessor and/or GSA to achieve
these objectives.
Section 23 - Renovation and Construction
A. Wherever the Department decides to alter the physical work site of
employees represented by the Union, the local union will be notied in
advance in accordance with Article 47-Mid-Term Bargaining.
B. The Department will:
1. Isolate areas of signicant renovation, painting, and carpet laying from
occupied areas that are not under construction;
2. Perform this work during evenings and weekends;
3. Ensure that contaminated concentrations are suciently diluted prior to
occupancy;
4. Supply adequate ventilation during and after completion of work to assist
in dilution of the contaminant level; and,
5. In leased space work with the lessor and/or GSA in order to achieve and
maintain these standards.
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Section 24 - Wellness Program
A. The parties agree that recognizing, minimizing, and coping with stress are
essential parts of employee wellness. The Department will provide training
at least annually on stress reduction. This will be a part of each facility’s
Wellness Program.
B. Employees who feel they are experiencing harmful levels of job-related stress
may contact employee counseling services.
C. Department facilities will establish Wellness Committees or subcommittees to
address wellness and health programs.
D. The Department agrees to provide the following services:
1. Emergency diagnosis and initial treatment of injury or illness that becomes
necessary during working hours and that is within the competency of the
professional sta and facilities of the health service units and if the injury or
illness is work-related and the above-described services are not available,
the employee will be transported to the appropriate medical facility;
2. Provision for special health examinations for specic categories of
employees whose work environment presents peculiar health hazards;
3. Individual facilities will provide diagnoses and/or screening tests and
health education programs for unit employees as a health service;
a. It is understood by the parties that these services are subordinate to
the Department’s mission.
b. These services will be subject to the Department’s determination of
available resources.
4. Referral of employees to private physicians, dentists, and other
community health resources, upon request.
a. An employee will be expected to notify their supervisor of their
intention to seek medical treatment in health units.
b. When this is not feasible, the employee may report directly to the
health unit or person authorized to render emergency care.
5. Each facility where employees are exposed to chemical or biological
hazards will implement a medical surveillance program in accordance with
applicable regulations.
6. The Department and the Union support wellness and initiatives that focus on
various activities, including physical activity, weight management, smoking
cessation, stress management, healthy lifestyle classes, and nutrition.
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a. Therefore, the Department will promote physical tness and wellness
by, at a minimum, providing stress reduction and physical tness
information.
b. Where tness facilities or tness areas are available at the worksite,
employees will be permitted access to them.
c. If modifying, providing, or allowing access to a local tness center,
the local union will be involved in the process. The decision
will give appropriate weight to such factors as health industry
recommendations, facility design, maintenance, safety, and return on
investment analysis.
d. Employees may utilize wellness/tness centers during duty hours,
infrequently, for short periods of time, for the participation in physical
wellness activities, at no additional cost to the employees. Where
existing methods are already in place, they will be continued, until
changed through negotiations. This section is subject to local
negotiations.
E. The Department shall permit employees to do non-strenuous stretching
exercise that are socially acceptable in an oce setting to relieve physical
stress and/or discomfort. Some of these exercises may be performed by the
employees at their workstation during the work time as necessary.
The need for this will vary from employee to employee. Participation shall be
voluntary.
Section 25 - Equipment, Machinery, and Furniture
A. Employees are encouraged to report (see Section 5) equip
ment, machinery,
or furniture that cause or have potential to cause injuries such as repetitive
motion
injuries.
The Department agrees to investigate such reports expeditiously and to
implement appropriate corrective action.
All such
ergonomic assessments and/or
recommendations shall be in writing and
submitted to the local Safety and Health
Committee.
B.
As much as possible, equipment, machinery, and furniture purchased by the
Department will be ergonomically compatible with the individual.
The
local union
will be involved in the development of facility policies that
address the selection and
purchase of equipment, machinery, and furniture.
C.
The Department will ensure that employees have been oriented to the use
of new
equipment or machinery and will ensure that this equipment or
machinery has
been inspected before initial use, when required.
D.
Only qualied personnel shall perform maintenance or repair on or about moving or
operating machines.
This does not preclude the normal or
necessary adjustments
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to be made to machinery or equipment while
in operation.
Qualied personnel
shall not be required to perform any
maintenance or repair while the machine is in
operation where it can be
shown that there is a substantial risk of injury or a feasible
alternative exists.
Section 26 - Workplace Violence
The parties agree that violence should be eliminated from all workplaces within the
Department. Each facility will develop a policy and a plan jointly with the local union
on the prevention of violence. Annual training shall be oered to all employees.
Section 27 - Safety and Health Records
A. The Department agrees to compile and maintain records required by the Act
and the Department safety and health programs. The Department agrees to
ensure access by employees, former employees, and Union representatives
to records/logs of facility occupational injuries and illnesses (including copies
of accident reports) and to the annual summary of these in accordance with
29 CFR 1960, consistent with FOIA and Privacy Act requirements.
B. The Department and the Union will identify employees who occupy positions
that carry potential risks to their health. The parties will establish and maintain
procedures for the medical surveillance of such employees.
Section 28 - Hazardous Duty Pay and Environmental Dierential
A. Environmental Dierential (FWS)
1. In accordance with 5 CFR Part 532, Subpart E, Appendix A, the appropriate
environmental dierential will be paid to an employee who is exposed to an
unusually severe hazard, physical hardship, or a working condition meeting
the standards described under the categories stated therein.
2. If at any time an employee and/or the local union believes that dierential
pay is warranted under 5 CFR Part 532, Subpart E, Appendix A, the
matter may be raised at step 3 of the negotiated grievance procedure.
B. Hazardous Duty Pay
1. Pay for irregular or intermittent duty involving physical hardship or hazard
for GS employees will be paid in accordance with the provisions of OPM
regulations (5 CFR, Part 550, Sub-part I).
2. The parties agree that any physical hardship or hazardous duties must
be considered as part of position classication. Upon request, the
Department shall inform the employee or local union whether or not such
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duties were taken into account in establishing the grade of the position
and how the duties aected the grade established including whether,
absent those duties, the grade would have been lower.
Section 29 - Arrangements for Health Hazards Involving Communicable
Diseases
Facilities will:
A. Make appropriate arrangements for employees interviewing individuals with
known communicable disease;
B. Take appropriate precautions when there is contact with a person who may
have tuberculosis (TB) and employees with exposure or potential exposure to
TB will be oered TB screening tests during working hours at no cost to the
employees;
C. Keep records of employees exposure to active TB at the work site;
D. Take appropriate precautions against the spread of infectious diseases;
E. Provide timely testing for employees who reasonably believe they were
exposed in the course of their employment to a serious infectious disease
(there will be no cost to the employees for leave or the exam); and,
F. Employees are encouraged to get u vaccinations once a year.
Section 30 - Pollution Prevention Strategy
A. The Department will maintain a current list of all hazardous materials in their
respective sections/services and will be required to maintain paper copies of
current Material Safety Data Sheets (MSDS) in each workplace.
B. All facilities will identify each employee using hazardous chemicals in the
performance of their duties.
C. Assessments will be made for each of the hazardous chemicals and a
determination will be made if there could be a less hazardous chemical which
would fulll the respective need.
D. All chemicals or hazardous materials purchased shall require MSDS with
purchase.
E. Employees will be retrained at least annually on the handling and disposal of
each hazardous chemical.
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F. The Professional Industrial Hygienist will perform a physical inventory
and audit January and July of each year and report to the facility Safety
Committee on the compliance requirements, training needs of persons
handling hazardous chemicals, and disposals requirements.
G. Types and quantities of hazardous waste generated at each health care facility
and the methods used for disposal of each type of waste will be identied.
H. The facility Safety Committee will review methods used to dispose of
hazardous waste for compliance with applicable criteria.
I. All aected employees who may be aected by each hazardous chemical
and the risks associated with the hazardous chemicals will be informed.
J. Monitoring is a proper subject for the Safety and Health Committee.
Section 31 - Dissemination of Occupational Safety and Health Program
Information
A. Any details of the Department’s Occupational Safety and Health Program and
applicable safety and health standards shall be made available upon request
to employee representatives for review. A copy of any written program
applying to the Department’s Occupational Safety and Health Program
should be provided to each committee member at the appropriate level.
B. Each workplace shall post conspicuously in each facility, and keep posted
information for employees of the provisions of the Act and Executive Order
12196. Each facility will provide the poster to each workplace detailing the
necessary elements of 29 CFR 1960.12. Posters shall not be altered, defaced
or covered by other material(s). If damaged or altered the Department will take
responsibility for replacing them within 30 days. The Department will inform all
employees of their rights under 29 CFR 1960 on an annual basis in writing.
Section 32 - Exposure to Radiation
In accordance with the United States Nuclear Regulatory Commission (NRC)
guidance and standards, the Department shall take necessary preventive steps to
protect employees from exposure to radiation.
A. Employees in high risk areas will be provided devices to measure current
and accumulated exposure levels. Employees will be alerted monthly to the
employees’ current and accumulated exposure level, and annually to the
employees’ accumulated exposure level.
B. The Department will take additional steps necessary to prevent exposure if
any employee is exposed to a level of radiation that is or could become a
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health or safety issue. Examples of known sources of possible exposure are
security machines at points of entry and imaging/X-ray departments.
Section 33 - Ergonomic Lifting
A. The Department agrees that all employees are a most valued resource and
shall be recognized as such.
B. The Department agrees to provide employees with information concerning
safe lifting. The Department further recognizes and agrees that this
information must be appropriate to the specic work performed.
C. Any lifting equipment must be selected based on operational and employee
needs, physical environment, hazard assessment, injury analysis, and Union
input.
D. A joint committee, to include local union participation will be established in
each facility to review available equipment, solicit employee input, and make
recommendations. This may be done by a local health and safety committee,
if one exists.
E. Implementation of this section also is appropriate for local negotiations.
Section 34 - Temporary Work Restriction
When an employee provides the Department with a health care provider’s statement
that the employee has temporary work restrictions, the Department will address
the employee’s personal health care provider’s recommendation and make a
determination if there are any duties the employee can perform under those work
restrictions. The Department will make every eort, to the extent it is operationally
feasible, to identify duties the employee can perform in their position. The Department
will inform the employee of the decision. Under the Health Insurance Portability and
Accountability Act (HIPAA), the Department cannot contact the employee’s personal
health care provider without a signed release from the employee.
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ARTICLE 30 - OCCUPATIONAL HEALTH
Section 1 - Purpose
The purpose of this article is to aid in the protection of employees from communicable
diseases, maintain a healthful working environment, and provide preventive health
measures.
Section 2 - General
The following occupational health services, among others, shall be provided:
A. Emergency diagnosis and rst aid treatment of an injury or illness that
becomes necessary during working hours and that are within the competency
of the professional sta and facilities of the available occupational health
service unit, whether or not such illness was caused by employment. Local
policy may dene emergency treatment of non-work related conditions in
tracking of infectious diseases among the employee population. In cases
where necessary emergency treatment is not available onsite, the employee
may be taken to their physician or suitable community medical facility if the
employee requests it or is unable to request it. Employees will be made
aware annually that there may be charges for some services rendered;
B. Pre-placement examinations where required by applicable laws, VA policy, or
the OPM instructions;
C. In-service occupational examinations of employees or examinations to
appraise and report work environment health hazards to prevent and control
health risks, as required;
D. Administering, at the discretion of the responsible occupational health
service unit physician or occupational healthcare provider, treatments and
medications:
1. Furnished by the employee and prescribed in writing by a personal
physician as reasonably necessary to maintain the employee at work; or,
2. Prescribed by a physician providing medical care under 5 USC Chapter 81.
E. Preventive services to provide health education to maintain personal health;
and to provide specic disease screening examinations and immunizations,
in accordance with Article 29 - Safety, Health, and Environment, Section 24,
D 2 and D 3 of this Agreement.
F. Referral, upon their request, of employees to community health resources.
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Section 3 - Service Requirements
The Department shall:
A. Provide post-exposure examinations as mandated by applicable regulatory
agencies;
B. Provide medical surveillance for employees exposed to hazardous materials
and communicable diseases (such as asbestos or tuberculosis). The
Department shall provide the local union a list of any classication or position
that is required to be part of the medical surveillance program, including but
not limited to the “t-tested” for respirators program.
C. Cooperate with local public health agencies, physicians and programs
in providing measures that protect against diseases of public health
signicance.
D. The occupational health unit will be supplied the specic medical information
about the duties of an employee’s position and any other pertinent factors
necessary to assess that employee’s ability to perform the job. (See Article
19-Fitness for Duty.)
E. Provide, or make arrangements for, health maintenance examinations for
all Department employees eligible for them. The occupational health care
provider will use discretion in determining how comprehensive the medical
evaluation will be. Special tests and diagnostic procedures may be ordered
as appropriate, based upon the evaluation’s ndings. Employees will be
informed of any discrepancies or abnormalities shown in the evaluation; and,
they will be encouraged to follow up with treatment or corrective action as
soon as possible with their personal primary care provider.
Section 4 - Occupational Health Services
A. The Department will provide an occupational health services program for all
VA employees consistent with this Agreement and Department policy.
B. Where there are 300 or more federal employees working in one location
and there are no existing health services, arrangements shall be made to
establish a Department occupational health unit unless occupational health
services can be furnished by participation in a nearby occupational health
unit serving other federal employees. For locations with fewer than 300
employees, occupational health services shall be provided by contract with
private or public sources or by establishment of an occupational health
service unit, whichever is deemed to be more feasible.
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C. Employees shall notify their supervisor when they seek treatment from an
occupational health unit. When this is not feasible, they may report directly
to the occupational health unit or person authorized to render emergency
care. Facilities will have written procedures on how to address medical
emergencies occurring to employees.
D. The condential nature of medical conditions shall be recognized and
respected. Employee medical records maintained by the Department must be
separately and distinctly secured from any other medical records.
E. Procedures for disability retirement and OWCP are not part of the
Occupational Health program and are governed by Article 41 - Worker’s
Compensation and other applicable authorities.
F. Occupational health services will be provided under the direction of a
licensed independent practitioner.
Section 5 - Immunizations
A. Through vaccinations and immunizations of employees, the Department
will assist in maintaining a high level of protection against epidemics of
communicable disease such as inuenza. This will include the administration of
vaccines, prophylactic drugs, and agents, usually without charge. Employees
will be notied in advance of any charges and the amount, given the option to
accept or not accept the immunization/vaccination, and provided information
about other service providers who provide the immunization/vaccination.
B. Justication for allocations of vaccinations and immunizations to employee
populations will be provided to the Union at the time of the immunizations.
Section 6 - Treatment
Nature and Extent of Non-Work Related Treatment:
A. It is an expectation that all employees will have a private personal physician
or healthcare provider;
B. If an employee suers a minor illness or injury, which interferes with their
ability to perform their duties, treatment may be rendered;
C. Treatment will be limited to relieve their discomfort and enable them to remain
at work, and in an emergency, appropriate care to stabilize and transport the
employee will be rendered;
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D. If the installation has dental facilities, emergency treatment may be given for
minor dental conditions;
E. These treatments are not intended to provide denitive medical or dental care
or replace the employee’s primary care provider;
F. The employee will be referred to their private physician or dentist for any
necessary follow-up or denitive care;
G. In the event transportation or hospitalization is required, the employee will be
responsible for associated costs;
H. On an annual basis, employees shall be advised in writing that they will be
charged for transportation and hospitalization.
Section 7 - Pandemics
A pandemic is dened as an epidemic of infectious disease that is widespread across
human populations.
A. The parties agree that employees are an essential resource in caring for
Veterans. The Department will take appropriate precautions to prevent the
spread of infectious disease.
B. The Department shall oer immunizations at no cost to the employee. No
employee shall be forced to participate in an immunization program if the
employee has a medical condition which would be adversely aected by
the immunization. A statement from a health care provider (as dened in
Article 35 Section 16 E (6) (d)) that an immunization would adversely aect
the employee’s medical condition is sucient evidence of such a medical
condition. An employee may also receive an exemption based upon their
religious beliefs. An employee’s written statement that they have a religious
belief that conicts with the immunization is sucient to establish evidence of
a religious belief. In either exception, any statements or records shall be kept
condential by the Department.
C. Employees shall be issued appropriate individual PPE as recommended by
recognized authorities such as OSHA. There shall be sucient equipment
so that employees are neither expected to reuse the equipment unless it is
designed for reuse nor shall they share such equipment.
D. If respirators are required for safety and health, each employee will be t-
tested and trained on the proper care of the respirator.
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E. The employee who is ill as a result of a pandemic will be granted sick leave
or leave without pay upon request.
F. If the employee is suspected to have contracted a communicable disease,
and is sent home from the worksite without valid verication of the illness,
there will be no charge to leave. In such instances the employee must be
available to return to duty upon request, unless the employee requests to use
sick or other leave.
G. Temporary telework arrangements are appropriate for those employees who
cannot report to work due to illness, providing the position held is conducive
to telework. During pandemic, the usual requirements for telework may be
waived in order to benet both the Department and the employee.
Section 8 - Local Bargaining
Local bargaining on this article is appropriate so long as it does not conict or interfere
with, or impair implementation of, this Master Agreement.
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ARTICLE 31 - SILENT MONITORING
Section 1 - Purpose
A. The primary purpose of monitoring public telephone conversations is not for
evaluating performance but to ensure that complete and accurate information
is courteously provided to the calling public and to determine training
requirements.
B. However, when monitoring is used to evaluate performance, the employee
will be notied in advance of the period during which monitoring will occur.
This period shall not exceed one week. In all cases immediate feedback to
the employee will be provided.
Section 2 - Task Force
The parties agree to establish a Labor-Management Task Force to examine
alternatives to silent monitoring which follow the best practices of public and private
sector organizations on this issue.
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ARTICLE 32 - STAFF LOUNGES
Section 1
Recognizing that the health and well-being of employees are necessary to the
successful accomplishment of the Department’s mission, local management will
provide sta lounges, break rooms, or other similar space for employee use.
Section 2
Local bargaining to implement this provision is appropriate and will include, but not
be limited to, arrangements in facilities where there is insucient space for dedicated
lounges. Other topics appropriate for local bargaining include, but are not limited to,
access to microwaves, refrigerators, storage, coee pots, and furniture. However,
local agreements must be consistent with authorized use of appropriated funds.
Section 3
Sta lounges shall be reasonably accessible to the employees’ work areas.
Section 4
The sta lounge should be of sucient size to accommodate the number of
employees reasonably expected to use the space at any given time.
Section 5
Any current collective bargaining agreements and/or past practices shall remain in
eect, until and unless changed through bargaining.
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ARTICLE 33 - TEMPORARY, PART-TIME, AND
PROBATIONARY EMPLOYEES
Section 1 - General
A. This article sets forth the dierent provisions applicable to temporary,
part-time, and probationary employees for Title 5, Title 38 Hybrid (Hybrid),
and Title 38 employees. Temporary, part-time and probationary employees
are also covered by the terms of other articles in this Agreement to the extent
consistent with applicable laws and regulations.
B. A counseling session or other routine meeting about performance is generally
remedial and discipline is not anticipated. The right to representation does not
apply to such meeting/session.
C. If during the course of any meeting/session, such meeting/session becomes
an examination of an employee in the unit by a representative of the
Department in connection with an investigation, the employee is entitled to
union representation if:
1. The employee reasonably believes the examination may result in
disciplinary action (such as separation) against the employee; and,
2. The employee requests representation.
D. The Department agrees that the local union has the right to be represented
at formal discussions between management and a probationary employee of
the bargaining unit, where such discussions deal with personnel policies and
practices and/or matters aecting working conditions.
Section 2 - Title 5 and Hybrid Employees
A. Temporary Employees
Temporary employees may be separated at any time upon notice in writing
from the Department. When it is determined that a temporary employee
is to be separated, the employee will be given two weeks notice except in
egregious circumstances as demonstrated by an appropriate fact-nding,
or when loss of funding or Full Time Equivalent Employee (FTEE) authority
requires that notice be shortened.
B. Probationary Employees
1. All probationary periods will be established in accordance with 5
CFR Parts 315.801 and 315.802, and any other applicable Federal
law. Probationary periods will also be governed by government-wide
regulations in existence at the time this Agreement was approved.
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A Title 5 or Hybrid employee who has completed a competitive or excepted
service probationary period and moves to another Title 5 or Hybrid position,
but does not successfully perform in the current position, can be oered
another Title 5 or Hybrid position for which the employee is qualied,
provided such position is not a promotion. In this case, the employee must
meet qualication and licensure requirements of the position.
2. Title 5 and Hybrid employees serve a one-year probationary period unless
otherwise specied in applicable Federal law. Probationary periods will
also be governed by government-wide regulations in existence at the
time this Agreement was approved. During that time, employees will have
the opportunity to develop and to demonstrate their prociency. To that
end, the Department agrees that probationary employees will be advised
in writing of applicable critical and non-critical elements, performance
standards, and general conduct expectations at the beginning of their
probationary period (normally 30 days). The supervisor will explain the
requirements of the probationer’s position and answer any questions the
employee may have.
3. From the beginning of the probationary period, the supervisor will
communicate with the employee frequently, will observe the employee
closely, and assist in resolving any performance and/or conduct problems.
In the event that there are repeated deciencies in the employee’s
conduct and/or performance that progress to a point that the deciencies
may aect the employee’s continued employment, the supervisor will
counsel the employee in a timely manner and document the meeting, with
a copy given to the employee.
4. After the employee has completed at least 90 days in the assignment,
HR sta will contact the supervisor about the employee’s performance
and adjustment to the job, and any training or other needs or outstanding
work that warrants attention for further placement consideration. The
Department will consider employees’ specic requests for assistance to
improve their performance. Where performance deciencies are reported,
the employee and the Department will explore the courses of action
that may be taken to overcome them and the Department will provide
appropriate assistance. Any form used to document deciencies will be
shared with the employee. These procedures are minimum requirements
and, where possible, extension of follow-up interviews is encouraged.
5. The Department may terminate an employee on a probationary or trial
period because of their performance or conduct. The employee shall be
notied in writing as to why they are being terminated and the eective
date of the action. The information in the notice shall, at a minimum,
consist of the conclusions as to the inadequacies of the employee’s
performance or conduct.
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6. The Department shall utilize the probationary period as fully as possible
to determine the tness of the employee and may terminate their services
during this period if the employee fails to demonstrate qualications for
continued employment. In keeping employees informed throughout the
probationary or trial period, the supervisor will explain expectations and
requirements as they specically relate to the employee’s position (e.g.,
excessive absence, training needs, standards of practice, etc.).
7. If a probationary employee is removed for conditions arising before
appointment, the employee has a right to advance notice of the
separation, the reason for the separation, an opportunity to provide an
answer and supporting adavits, and any applicable appeal rights, in
accordance with 5 CFR 315.805. The Department shall consider the
answer in reaching its decision, which shall be provided to the employee
prior to the eective date of the decision.
C. Part-time Employees
1. To be considered part-time for purposes of this section, an employee
must have a regularly scheduled tour of duty, set in advance, of at least
16 hours but not more than 32 hours in an administrative workweek. As
an exception, the Department may employ an employee on a regularly
scheduled tour of duty of 1 to 15 hours per week, but not more than 32
hours, in order to meet mission requirements.
2. An employee’s hours may be extended beyond the 32 hour limitation for
short periods of time to accommodate unexpected workloads or to provide
necessary training. The Department should not assign extra hours for
more than four pay periods without considering whether to establish a
temporary or permanent full time position in lieu of such assignment.
3. When a holiday falls on a part-time employee’s regularly scheduled
workday, the employee will be paid for the number of hours they were
scheduled for that day.
4. The Department will give full consideration to employee requests
regarding part-time employment consistent with the Department’s
resource and mission requirements. Full consideration includes weighing
the employee’s reasons and the stang needs of the Department.
5. The Department recognizes that part-time employment may be
particularly appropriate for the following employees:
a. Employees seeking gradual transition into retirement;
b. Employees with disabilities or others who require a reduced workweek;
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c. Parents who must balance family responsibilities with the need for
additional income;
d. Students who must nance their own education and/or vocational
training; or,
e. Employees pursuing further education.
6. Requests to change from full time employment to part-time, or from
part-time employment to full time, will be discussed with the employee.
If an employee submits a written request and the request is denied, the
employee will be provided with written reasons for the denial.
7. If the Department proposes to convert any full time positions to part-time,
that will be a subject for negotiations in accordance with 5 USC 7106(b)(2)
or (3).
8. A full time employee shall not be required to accept part-time employment
as a condition of continued employment.
9. An employee may request a temporary or permanent adjustment of an
established part-time work schedule based on personal need or to permit
participation in Department approved details, other assignments, or
training, and the Department will give full consideration to such request.
10. The Department agrees to provide part-time and full time employees
on the same tour of duty equivalent access to employee activities,
e.g., health facilities, and not to deny opportunities for attendance at
Department approved training courses solely because of part-time status.
11. Consistent with applicable laws and regulations, a permanent part-time
employee receives a full year of service credit for each calendar year
worked (regardless of tour of duty) for the purpose of computing service
for retention, retirement, career tenure, completion of probationary period,
within-grade increases, leave category rate, and time-in-grade restrictions
on advancement.
12. Prior to an employee accepting conversion to part-time status, the
Department will advise the employee in writing of the eects of converting
to part-time employment as it relates to employee benets.
13. Employees who accept or convert to part-time positions have no
guarantee that they will subsequently be converted to full time
employment, but the Department agrees to fully consider the employee’s
request based on the employee’s circumstances and the needs of the
Department.
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Section 3 - Title 38
A. Temporary Employees
Temporary employees may be separated at any time upon notice in writing
from the Department. When it is determined that a temporary employee
is to be separated, the employee will be given two weeks notice except in
egregious circumstances as demonstrated by an appropriate fact-nding, or
when loss of nding or FTEE authority requires that notice be shortened.
B. Probationary Employees
1. Title 38 employees serve a two year probationary period. During that time,
employees will have the opportunity to develop and to demonstrate their
prociency. To that end, the Department agrees that each probationary
employee will be advised in writing of the applicable functional statement
and general conduct expectations at the beginning of the probationary
period (normally 30 days). The supervisor will explain the requirements of
the probationer’s position and answer any questions the employee may
have.
2. Throughout the probationary period, the supervisor will communicate
with the employee frequently and will observe the employee closely and
assist in resolving any performance and/or conduct problems. In the
event that there are repeated deciencies in the employee’s conduct and/
or performance that progress to a point that the deciencies may aect
the employee’s continued employment, the supervisor will counsel the
employee in a timely manner and document the meeting, with a copy
given to the employee.
3. When the employee has had an opportunity to learn what is expected, the
supervisor should give consideration to any inadequacies in performance
or conduct. The employee’s weak points should be discussed objectively
and suggestions made for improvement. If the employee’s performance is
considered good or outstanding in some aspect, this fact should be made
known to the employee.
4. If the employee’s adjustment and performance are not satisfactory, the
employee’s immediate or higher supervisor will submit a written request
for formal or summary review through channels to the ocial authorized
to approve further review of the employee’s services. This request will
describe the employee’s deciencies, and the supervisor’s eorts, such as
training, modication of assignments, use of preceptors, etc., to assist the
employee. The request may be initiated any time during the probationary
period, and may be made notwithstanding past or pending prociency
ratings or the results of any previous probationary review. If the immediate
supervisor is the authorizing ocial, the same information is to be
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forwarded in writing to the Chairperson of the appropriate Professional
Standards Board for consideration as a part of the summary review.
5. Probationary Title 38 employees may be terminated after a Summary
Board Review is conducted. The employee will normally be given 15
calendar days notice, but the notice period may be shortened if necessary
to eect the separation before completion of the probationary period. The
employee, on request, will be furnished a copy of the summary report of
the Professional Standards Board proceedings, along with a transcript of
any verbatim recording.
6. An employee who is subject to Summary Board Review may be
represented by the representative of their choice; the representative’s role
is limited to assisting the employee in exercising the right to reply orally
and/or in writing to the reasons for the review. Because summary reviews
deal with issues related to professional competence or conduct and peer
review, a union representative is not entitled to be present at a summary
review except when serving as the employee’s personal representative.
C. Part-time Employees
1. Part-time employees are those who perform duties on less than a full time
basis, and have a regularly scheduled tour of duty that is less than 80
hours in a biweekly pay period.
2. When a holiday falls on a part-time employee’s regularly scheduled
workday, the employee will be paid for the number of hours they were
scheduled for that day.
3. The Department will give full consideration to employee requests
regarding part-time employment consistent with the Department’s
resource and mission requirements. Full consideration includes weighing
the employee’s reasons and the stang needs of the Department.
4. The Department recognizes that part-time employment may be
particularly appropriate for the following employees:
a. Employees seeking gradual transition into retirement;
b. Employees with disabilities or others who require a reduced workweek;
c. Parents who must balance family responsibilities with the need for
additional income;
d. Students who must nance their own education and/or vocational
training; or,
e. Employees pursuing further education.
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5. Requests to change from full time employment to part-
time, or from part-
time employment to full time, will be discussed with the employee. If
an employee submits a written request and the request is denied, the
employee will be provided with written reasons for the denial.
6. A full time employee shall not be required to accept part-time employment
as a condition of continued employment.
7. If the Department proposes to convert any full time positions to part-time,
that will be a subject for negotiations in accordance with 5 USC 7106(b)(2)
or (3).
8. An employee may request a temporary or permanent adjustment of an
established part-time work schedule based on personal need or to permit
participation in Department-approved details, other assignments, or
training, and the Department will give full consideration to such request.
9. The Department agrees to provide part-time and full time employees
on the same tour of duty equivalent access to employee activities,
e.g., health facilities, and not to deny opportunities for attendance at
Department approved training courses solely because of part-time status.
10. Consistent with applicable laws and regulations, a permanent part-time
employee receives a full year of service credit for each calendar year
worked (regardless of tour of duty) for the purpose of computing service
for retention, retirement, career tenure, completion of probationary period,
within-grade increases, leave category rate, and time-in-grade restrictions
on advancement.
11. Prior to an employee accepting conversion to part-time status, the
Department will advise the employee in writing of the eects of converting
to part-time employment as it relates to employee benets.
12. Employees who accept or convert to part-time positions have no
guarantee that they will subsequently be converted to full time
employment, but the Department agrees to fully consider the employee’s
request based on the employee’s circumstances and the needs of the
Department.
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ARTICLE 34 - JOB SHARING
Section 1 - General
A. Job sharing is a form of part-time employment in which the tours of duty of
two employees are arranged in such a way as to cover a single full-time
position.
B. Job sharing can provide the Department and employees with considerable
work scheduling exibility.
Section 2 - Procedures
A. The Department agrees that entry into job sharing is strictly voluntary,
initiated by the employee, and without coercion by the Department. Job
sharing will be considered when traditional part-time employment is not
practical or feasible.
B. The Department shall give bona de consideration to employees’
requests regarding part-time job sharing employment, including requests
for reassignment from a non-job sharing arrangement to a job sharing
arrangement and from a job sharing arrangement to non-job sharing
arrangement, consistent with the Department’s resources and mission
requirements. Employees working in positions of the same occupational
series, position description, or in the same line of work may request the
opportunity to enter a job sharing arrangement. Employees must qualify for
the position for which they are applying.
C. Potential job sharing participants shall submit a written proposal to the
immediate supervisor. The job sharers are expected to seek the Department’s
assistance and approval in drawing up the job sharing plan so that the work
will be properly divided. Potential participants will receive a written response
from the Department within a reasonable amount of time from the date of
submission of their written proposal informing them of acceptance or rejection
of their job sharing proposal. If rejected, the reasons will be stated. The
participants may revise their written proposal to accommodate the reasons
given for rejection and resubmit it for reconsideration.
D. Although they share the duties of a full-time position, job sharers are
considered to be individual part-time employees for all personnel and
employment purposes.
E. Each employee shall be informed of their regularly scheduled work hours,
as agreed to by the employer, employees, and the other job sharer. The
Department will make every reasonable eort to avoid scheduling additional
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hours not contiguous with the established tour of duty The Department
agrees that statutory, regulatory, and contractual provisions shall apply in
any situation in which overtime may be worked. Additional hours will not be
assigned to employees engaged in job sharing for the purpose of eliminating
the need to schedule qualied, full-time employees for overtime. Such
overtime hours will be assigned and accomplished according to contractual
obligations.
F. A variety of dierent work scheduling arrangements can be used as long
as each job sharer works no less than 16 hours and no more than 32 hours
each week. For example, split days (one job sharer works mornings and the
other afternoons), alternate days (one job sharer works Monday and the other
Tuesday, etc.), or split weeks (one job sharer works from Monday morning
through noon Wednesday and the other works noon Wednesday through
Friday). Although most job sharers split the hours of a full-time position in
half, this is not a requirement. The work schedules of job sharers may overlap
(one job share may work from 10 am to 2 pm every day and the other from
noon to 4 pm). This arrangement can provide the Department with extra
coverage during heavy workload periods. A certain amount of overlap may
also be desirable to enable job sharers to attend sta meetings or familiarize
each other with work developments.
G. The employment of an individual in a part-time position shall not be a basis
for exclusions from participation in job sharing.
H. Those individuals currently engaged in a job sharing arrangement shall be
covered under this article.
I. Each employee entering into a job sharing arrangement shall be given a
written explanation of their work schedule and an explanation of the impact
of conversion to part-time on their rights and benets. The job sharing
agreement shall incorporate the understanding that in the event one of the
job sharing participants leaves and the Department concludes that the needs
of the position requires full-time stang, the Department shall make every
reasonable eort to assist the remaining job sharing partner in nding another
partner. The remaining participant will be given a reasonable amount of time
to nd another partner.
J. Leave requests by employees in a job sharing situation shall be approved or
denied in accordance with Article 35 - Time and Leave of this Agreement.
K. Performance appraisals for job sharing participants will be handled in
accordance with Article 27 - Performance Appraisal of this Agreement.
Throughout the tenure in a part-time position, the employee’s appraisal will
not reect the performance of the job sharing partner.
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ARTICLE 35 - TIME AND LEAVE
Section 1 - General
A. Employees will accrue and use sick and annual and other types of leave in
accordance with applicable statutes, OPM regulations, and this Agreement.
B. All leave charges shall be in increments of one-quarter hour, except in the
case of Title 38 physicians, dentists, chiropractors and optometrists, who
accrue and use leave in full-day increments.
C. For clearly compassionate and appropriate reasons, the Department may
increase the stated limits applicable to all forms of leave in accordance with
applicable government-wide regulation and law.
D. Employees will not be denied leave based solely on their leave balance.
E. No arbitrary or capricious restraints will be established to restrict when leave
may be requested.
F. Changes to the Department’s automated time and attendance system shall
be negotiated in accordance with government-wide law, regulations and this
Agreement.
G. Employees should request, in advance, approval of anticipated leave.
H. When the employee is present on duty, the employee can use the electronic
time and attendance system or SF-71 to request leave.
I. Leave will be denied only for appropriate reasons and not as a form of
discipline. No approved leave or approved absence will be a basis for
disciplinary action except when it is clearly established that the employee
submitted fraudulent documentation or misrepresented the reasons for the
absence.
J. Employees will not be adversely aected in any employment decision solely
because of their leave balances.
Section 2 - Annual Leave
A. Annual leave is provided to allow employees extended leave for rest and
recreation and to provide periods of time o for personal and unscheduled
purposes. All employees may request at least two consecutive weeks of
annual leave per year and take such leave subject to the Department’s
approval.
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B. The use of accrued annual leave is an absolute right of the employee, subject
to the right of the Department to approve when leave may be taken.
C. Employees should submit requests for annual leave as far in advance as
possible. The Department will render timely decisions on employees’ leave
requests. The Department will make every eort to accommodate the
employees’ requests, consistent with valid operational needs.
1. Vacation - Employees should submit requests for vacation leave as far
in advance as possible. The Department will render timely decisions on
employees’ leave requests. The vacation plan for the next leave year will
be completed by the end of the current calendar year. The procedures
for vacation leave will be appropriate for local negotiations; where current
practices are acceptable to the local parties, such negotiations need not occur.
2. Unplanned Leave - When needs arise and the employee requests annual
leave, employees must contact their supervisor or designee to request the
leave. During operational hours of the facility/service, there will always be
someone available who is authorized to receive and act on the request.
The procedures for unplanned annual leave other than vacation leave
will be appropriate for local negotiations; where current practices are
acceptable to the local parties, such negotiations need not occur.
3. Serious Personal Needs Situations - If the leave is requested to begin
immediately, employees must contact their supervisor or designee to
request the leave. The employee will be informed whether leave is
approved or disapproved at the time it is requested. During operational
hours of the facility/service, there will always be someone available who is
authorized to receive and act on the request.
D. If scheduling conicts arise among employees’ annual leave requests, they
shall be resolved consistent with past practices or as otherwise negotiated in
local supplemental agreements/MOUs insofar as they do not conict with the
Master Agreement.
E. When an employee requests annual leave in conjunction with scheduled
days o at the beginning and/or end of the leave period, the Department will
not change that employee’s days o except where necessary to meet valid
operational needs.
F. The Department recognizes the needs of employees to plan vacation and
personal time o. However, previously approved annual leave may be
cancelled if necessary to meet valid operational needs.
G. The parties recognize that additional procedures for requesting and granting
annual leave are appropriate for negotiation at the local level.
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H. Carryover (restored) leave will be addressed in accordance with applicable
rules and regulations.
I. All employees shall be excused or receive appropriate pay for all holidays
prescribed by Federal law, and that may be added by Federal law, or that
may be designated by Executive Order.
J. Employees will be notied four times during each leave year of the maximum
amount of annual leave that can be carried over by employees in each leave
category (doctors, nurses, Title 5, etc.) and advise the employees they should
request to use any amount the employee has accrued and will earn during
the rest of the leave year that is over the maximum amount. This will include
advising employees of the consequences of forfeiture and the law and
regulations relating to forfeiture.
K. Upon request, an employee will be provided, in writing, with the reason for
a denial of annual leave. It is the responsibility of the Department to initiate
action to reschedule annual leave that was denied. The times at which such
rescheduled leave is used must be by concurrence of the employee and the
Department.
L. The Department will allow the maximum number of employees to use leave in
accordance with coverage requirement.
M. Where vacation schedules are used, the approved vacation schedule will be
conspicuously posted and remain posted and be kept up-to-date for the leave
year. Upon request, changes in the vacation schedule will be provided to the
local union on a monthly basis.
Section 3 - Excused Absence
Supervisors should excuse, without charge to leave, tardiness/absences which are
brief, infrequent, and for a good cause.
Section 4 - Sick Leave
A. It is the responsibility of the employee who is incapacitated for duty to notify
the immediate supervisor or designee (or to have any responsible person
make the notication for the employee) at the work site as soon as possible
but no later than two hours after the employee is scheduled to report for
duty unless mitigating circumstances exist. The Department will assure a
designated number is established for the supervisor or designee to receive such
notications; the employee’s obligation is to complete one phone call, to either the
established number, or to an alternate number the employee was notied to use.
In the event that the supervisor or designee is not available, employees may use
voice mail to notify the supervisor or designee of the type of leave requested.
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B. An employee who expects to be absent more than one day will inform the
supervisor or designee of the expected date of return to duty and notify the
supervisor of any change. In the case of extended illness, daily reports will
not be required.
C. Sick leave is an employee’s earned benet and will be granted to the
employee for appropriate absences.
D. Title 5 and hybrid employees are entitled to sick leave when the employee:
1. Receives medical, dental or optical examination or treatment;
2. Is incapacitated for the performance of duties by physical or mental
illness, injury, pregnancy, or childbirth;
3. Provides care for a family member who is incapacitated by a medical or
mental condition, or attends to a family member receiving medical, dental,
or optical examination or treatment, or provides care for a family member
with a serious health condition;
4. Makes arrangements necessitated by the death of a family member or
attends the funeral of a family member (this includes use of sick leave
to make arrangements for and attend a funeral or memorial service;
necessary travel, pre-funeral and after-funeral/burial gatherings or
ceremonies, memorial services; and reading of the will);
5. Would, as determined by the health authorities having jurisdiction or by a
health care provider, jeopardize the health of others by being present on
duty after exposure to a contagious disease; or,
6. Must be absent from duty for purposes relating to the adoption of a child,
including appointments with adoption agencies, social workers, and
attorneys, court proceedings, required travel, and any other activities
necessary to allow the adoption to proceed.
E. Sick leave shall be granted to Title 38 employees when:
1. They are incapacitated for the performance of their duties because of
personal illness, disease, injury, pregnancy and connement;
2. For necessary medical, dental, or optical examination or treatment;
3. When a member of the immediate family of the employee is aicted
with a contagious disease and requires the care and attendance of the
employee; or,
4. When through exposure to contagious disease, the presence of the
employee at the post of duty would jeopardize the health of others.
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F. The Department should make an eort to accommodate employees who
request in advance, a change in work schedule to meet medical, optical or
dental appointments.
G. If an employee has insucient sick leave accrued, the employee can request
Leave Without Pay (LWOP) or other available leave instead of sick leave for
an absence for which sick leave would otherwise be appropriate, subject to
approval of the absence by the supervisor.
H. Employees will not be required to reveal the nature of the illness as a
condition for approval of sick leave.
Section 5 - Documentation for Sick Leave
A. Where an employee requests sick leave, or annual leave, or LWOP in lieu of
sick leave, for periods of illness exceeding three consecutive workdays of the
employee’s work schedule, the employee must make an appropriate request
and may be required to furnish evidence of the need for sick leave upon
return to duty. An employee may support the request for sick leave:
1. By medical certicate from the Department’s employee health care
provider or the employee’s health care provider that is administratively
acceptable; or,
2. By the employee’s self-certication in instances where the illness was
not treated by a health care provider. The statement will indicate why
a health care provider was not seen; for example, remoteness of area,
general condition of the illness, or other specic reasons. The supervisor
may request clarication should the employee’s written statement not be
sucient to support the request.
B. An employee with a chronic medical condition that does not require medical
treatment but does result in periodic absences from work will not be required
to furnish a health care provider certicate on a continuing basis if the
employee is:
1. Not on leave restriction; and,
2. Provides, if requested, an administratively acceptable medical certicate
every six months which clearly states the continuing need for periodic
absences.
C. Unless there is reasonable evidence to doubt the required information,
administratively acceptable evidence for medical certication is a statement
that says the employee was incapacitated for work and date(s) of
incapacitation. This information will generally be considered sucient for
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medical certication purposes. However, employees will not be required to
reveal the nature of the illness as a condition for approval of sick leave. This
applies to sick leave of more than three consecutive workdays or certication
for sick leave restrictions.
D. Documents regarding employee absence for sick leave purposes are highly
sensitive. The Department will ensure that they are maintained in a secure
and condential manner.
E. Where there is substantial reason to believe that an employee is abusing
sick leave entitlement, medical certicates may be required for any period
of absence provided the employee has been formally notied in writing that
such a requirement has been established for that person.
1. If an employee has not used sick leave for three months after the
notication in Paragraph E, the employee may request that the
requirement be reviewed. If it is determined that a medical certicate is no
longer warranted for sick leave of three consecutive workdays or less, the
employee shall be so notied in writing.
2. The requirement for medical certication must be reviewed six months
after such requirement is imposed. If the requirement is not lifted, the
employee may request a review of the certication requirement three
months after a previous review. If it is determined that a medical certicate
is no longer warranted for sick leave of three consecutive workdays or
less, the employee shall be formally notied in writing.
3. Frequency or amount of leave used will not be the sole factor for
determining sick leave abuse, nor will leave for which acceptable medical
documentation has been provided.
4. When the Department determines that the sick leave abuse has ceased,
the Department will remove the restriction and notify the employee in
writing of this action.
5. The employee will also be notied of the reasons in writing if the
restriction is to be continued beyond six months.
Section 6 - Sick Out
Employees may be required to furnish evidence of illness to support approval of sick
leave for periods of less than three consecutive workdays when the Department has
reasonable evidence that a “sick-out” has occurred. Under these circumstances,
before the Department requires the employees’ evidence, the Union will be provided
with the reasonable evidence for the Department’s allegations that a “sick-out” has
occurred.
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Section 7- Registration and Voting
The Department agrees that when the voting polls are not open at least three hours
before or after employees’ regular hours of work, employees will be granted an
amount of excused leave to vote, or to register to vote, which will permit them to report
to work three hours after the polls open or leave work three hours before the polls
close, whichever requires the lesser amount of time, so long as the absence does not
seriously interfere with valid operational needs. Where release of an employee at the
beginning or end of the day would seriously interfere with valid operational needs, the
supervisor to the extent possible shall make other arrangements to allow the employee
a reasonable amount of time during the workday to vote or register to vote. Under
unusual circumstances an employee may be excused up to the full day.
Section 8 - Unavoidable Delay While on Ocial Business
A. When employees are unable to return to their home station through no fault
of their own while away on ocial government business, the employees
will notify their supervisors as soon as possible and obtain appropriate
instructions. In such instances, the employees will be paid overtime or
approved compensatory time, as appropriate, for any time beyond normal
duty hours that they are determined to be performing ocial duties. If the
employees are unable to return to their duty stations and must stay overnight
at some other location, per diem expenses will be paid when appropriate.
B. Employees also will be entitled to compensatory time for time spent in travel,
in accordance with the Workforce Flexibility Act of 2004, as amended.
Section 9 - Employee Absences for Court or Court-Related Services
A. In accordance with applicable law, government-wide regulations or other
outside authority binding on the Department, an employee summoned or
subpoenaed in connection with a judicial proceeding by a court or other
authority responsible for the conduct of that proceeding shall be authorized to
attend the judicial proceeding without charge to leave or loss of VA salary in
the following instances:
1. For jury duty;
2. To appear as a witness on behalf of the Federal, District of Columbia,
state, or local government;
3. To appear as a witness on behalf of a private party in an ocial and job-
related capacity or to produce ocial records; or,
4. To appear as a witness on behalf of a private party in an unocial
capacity and one of the parties to the proceeding is either the United
States, District of Columbia, or a state, or local government.
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B. Even though no compensation is received for serving on jury duty in a federal
court, employees may keep expense money received for mileage, parking,
or required overnight stay. Money received for performing jury duty in state
or local courts is indicated on the pay voucher or check as either “fees for
services rendered” or “expense money.” “Expense money” may be retained
by the employee; “fees for services rendered” must be submitted to the
appropriate nancial oce.
C. It is agreed that days o and/or schedules will not be changed to avoid
granting absence for court or court-related services.
D. An employee who is granted court leave and is excused or released by the
court for any day or substantial portion of a day is expected to return to the
employee’s regular Departmental duties except when:
1. Only a small portion of the work day would be involved and thus no
appreciable amount of Department service would be rendered;
2. The distance from the court to the place of duty is such that this would be
an unreasonable requirement; or,
3. The employee is regularly scheduled to work on a tour any part of which
includes 6:00 pm - 6:00 am.
E. An employee who is granted court leave and serves for a full day or
substantial portion of a day is not expected to report for the next tour of duty if
that tour occurs within twenty-four hours of the court leave and if any or all of
it occurs during 6:00 pm - 6:00 am.
Section 10 - Leave Without Pay (LWOP)
A. Requests for LWOP will be given serious, bona de consideration.
B. LWOP may be requested in the same manner and for the same purposes
as annual leave and sick leave. LWOP may be granted even though the
employee has a sick or annual leave balance.
C. Upon written request from the appropriate Union oce, an employee may
be granted LWOP to engage in Union activities on the national, district or
local level or to work in programs sponsored by the Union or the American
Federation of Labor - Congress of International Organizations (AFL-CIO).
Such requests will be referred to the appropriate Department ocial. Such
employees shall continue to accrue benets in accordance with applicable
OPM regulations. LWOP for this purpose is limited to one year but may be
extended or renewed upon proper application.
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D. Employees granted LWOP for more than 30 calendar days will be notied
that they can usually expect to return to their former position. However, it
may become necessary in the interest of the service to reassign them to
other positions at the same grade and pay within the commuting area of the
employee’s current duty station during their absence or upon their return.
E. Employees may request LWOP for educational purposes.
F. LWOP is granted at the discretion of the Department, except in the following
cases:
1. When a disabled veteran requests LWOP for medical treatment;
2. When requested by a reservist or National Guard member for military
duties, employees may request such leave after their military leave has
been exhausted (38 USC 4316(d));
3. When requested by an employee who has suered an incapacitating job-
related injury or illness and is waiting adjudication of a claim for employee
compensation by the OWCP; or,
4. When an employee makes a request pursuant to the Family and Medical
Leave Act (FMLA) and meets the criteria for that program.
Section 11 - Hazardous Weather/Emergency Conditions
A. The Department and local union at each facility will jointly plan the
procedures for hazardous weather/emergency conditions and will annually
communicate these procedures to employees.
B. The local union shall be informed by the appropriate Department ocial at
the time the facility declares hazardous weather/emergency conditions. The
method for such notication will be appropriate for local negotiations.
C. When hazardous conditions (e.g., extreme weather conditions, serious
interruptions in public transportation, earthquake, and disasters such as
ood, re or other natural phenomena) arise, the Department will determine
whether all or part of the facility should be closed or whether the facility
should be open as usual. If the Department decides to close all or part of the
facility during periods the facility would otherwise be open, the Department
will notify employees whether liberal leave or authorized absence will be
authorized. Employees who are prevented from reporting to work due to the
closure of all or part of a facility should be granted authorized absence in
accordance with OPM guidance and/or government-wide regulations.
D. Excused absence during emergency situations does not generally apply
to employees who provide critical services because of the need to assure
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continuity of essential patient care operations. However, in extreme
situations, where employees who provide critical services make reasonable
eorts to get to work and are unable to do so, excused absence is
appropriate except in rare circumstances.
E. Facilities under emergency conditions should provide meals and
accommodations for employees who are required to remain on duty.
F. The VA Incentive Awards Program is an appropriate vehicle and will be
utilized for recognizing exceptional services rendered by employees during
emergency/hazardous weather conditions.
G. Whenever employees are unable to leave the facility at the end of their shift,
and the employee is assigned work, the employee will be paid in accordance
with established policy for the payment of premium rates.
H. In accordance with government-wide regulations, the Department will fully
implement the provisions of any approved program designed to provide
inter-agency leave donation for employees aected by natural disasters.
Section 12 - Accommodation for Religious Observances
A. An employee whose personal religious beliefs require abstention from
work during certain periods of time may elect to engage in overtime work to
compensate for time lost by meeting those religions requirements.
B. To the extent that such modications in work schedules do not interfere with
the ecient accomplishment of the Department mission, the Department shall
in each instance, aord the employee the opportunity to work compensatory
overtime and shall in each instance grant compensatory time o to an
employee requesting such time o for religious observances when the
employee’s personal religious beliefs require that the employee abstain from
work during certain periods of the workday or workweek.
C. For the purpose stated in Paragraph B of this section, the employee may
work such compensatory time before or after the granting of compensatory
time o. Advanced compensatory time o should be repaid with the
appropriate amount of compensatory time worked within a reasonable
amount of time. Compensatory overtime shall be credited on an hour-for-hour
basis or authorized fractions thereof. Appropriate records will be kept of
compensatory overtime earned and used.
Section 13 - Military Leave
A. Military leave will be granted consistent with government-wide rules and
regulations.
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B. Full-time permanent and part-time permanent employees who are members
of the National Guard or the Armed Forces Reserves are entitled to 15
calendar days of regular military training leave in a scal year for active duty
or inactive duty for training.
C. The Department will not arbitrarily deny an employee’s request for military
leave.
D. For part-time employees, military leave is prorated based on the number of
hours in the employee’s work week.
E. Employees who do not use the entire 15 days can carry any unused military
leave (not to exceed 15 days) over to the next scal year. Military leave may
never exceed 30 days in any one calendar year.
F. The Department will take into consideration the schedules of employees
who work o-tours and will, when possible, arrange schedules to allow such
employees to have scheduled days o immediately preceding and following
the required military leave
G. Those employees on 24/7 schedules will continue to be charged military
leave on a daily basis for duty days.
H. Employees Returning From Active Duty. In accordance with the Presidential
Memorandum dated November 14, 2003, as a welcome home, returning
Federal civil servants who were called to active duty in the Global War on
Terrorism will be granted 5 days of excused absence for every deployment.
Section 14 - Advanced Annual/Sick Leave
A. An employee may be advanced all annual leave that will accrue up to the end
of the leave year. However, advanced annual leave may not be granted to a
temporary employee beyond the date set for the expiration of the employee’s
temporary appointment, or to any employee if there is a likelihood that the
employee will retire, be separated, or resign from the Department before the
date the employee will have earned the leave. Upon separation, employees
must repay the balance of any remaining advanced annual leave; however,
an employee may request a waiver in writing.
B. Advanced sick leave may be combined with annual leave or LWOP when
necessary to cover one continuous period of absence.
C. Denials of requests for advance leave will be conveyed to the employee
promptly and will contain an explanation of the reasons for the denial.
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D. Advanced leave may be approved in accordance with the employee’s type of
appointment. The employee will not be required to utilize any annual leave
prior to utilizing the advanced sick leave.
E. It is agreed that advance leave, including both sick and annual, will be fairly
and equitably administered.
Section 15 - Voluntary Leave Transfer Program
A. As authorized by 5 CFR 630, Subpart I, as extended to Title 38 employees
and consistent with this Agreement, employees are entitled to donate and
receive leave for medical emergencies.
B. The Leave Transfer Program allows an employee to transfer annual leave
to an approved leave recipient (excluding the employee’s supervisor) up to
one-half of the amount of annual leave the employee will accrue during the
leave year.
C. The minimum amount of annual leave that may be transferred to and from a
Title 5 employee, or Title 38 employee who is charged leave in hours, is four
hours.
D. Title 5 employees may transfer to Title 38 employees and Title 38 employees
may transfer to Title 5 employees.
E. The minimum amount of annual leave that may be transferred from a Title 38
employee who is charged leave in whole day increments is one day.
For a leave transfer between an employee who is charged leave in hours
and an employee who is charge leave in whole days, the number of hours
transferred for each whole day is eight hours. For a leave transfer between
employees who are each charged leave in whole day increments, the
recipient will be credited with one whole day for each whole day donated.
F. Annual leave may not be transferred to an employee’s immediate supervisor.
G. The Department will assist employees in preparing or will prepare the
employee’s solicitation memorandum which is directed to employees whom
the employee designates. The Department will advise employees of how and
where to receive such assistance.
H. When an employee receives donated leave, it may be used only for the
medical emergency for which it was donated.
I. If an employee has use or lose annual leave at the end of the leave year
and would like to donate it, the employee should contact an appropriate
Department ocial.
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J. The method of communicating the needs of employees who may want to
participate in leave transfer is an appropriate subject for local negotiation.
K. The parties are in the best position to determine whether donated annual
leave is needed by its employees in disaster situations and can quickly
facilitate the transfer of donated annual leave among administrations. They
are responsible for:
1. Determining whether, and how much, donated annual leave is needed by
aected employees;
2. Approving leave donors and/or leave recipients within the Department;
and,
3. Facilitating the distribution of donated annual leave.
L. Forms for donating and receiving annual leave under the inter-agency
Emergency Leave Transfer Program can be accessed on OPM’s web site at
https://www.opm.gov/forms/opm-forms/.
Section 16 - Family and Medical Leave Act (FMLA)
A. Maternity and Paternity Leave
1. Under FMLA and this Agreement, bargaining unit employees are entitled
to 16 weeks of LWOP during any 12 month period for the following
reasons:
a. Birth of a son or daughter and the care of such son or daughter; and,
b. Placement of a son or daughter for adoption or foster care.
2. Supervisors are encouraged to approve additional leave as circumstances
warrant.
B. Other family medical leave under FMLA and this Agreement, bargaining unit
employees are entitled to 12 weeks of LWOP during any 12 month period for
one or more of the following reasons:
1. The care of a family member of the employee with a serious health
condition. Family member is dened as:
a. Spouse and parents of spouse;
b. Children, including adopted children; and,
c. Parents.
2. A serious health condition of the employee that makes the employee
unable to perform the functions of the position of such employee.
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C. Substitution of Paid Leave - For either Paragraphs A or B of this Section, the
employee may elect to substitute annual leave, sick leave, compensatory
time o, or credit hours for unpaid family or medical leave for any part of the
applicable period consistent with governing laws and regulations. Employees
may also combine annual leave, compensatory time, sick leave, or credit
hours with unpaid family or medical leave for any period of approved leave.
An employee may not retroactively substitute paid time o for unpaid family
and medical leave.
D. Notice of Leave
1. The employee will make an appropriate request for use of family and
medical unpaid leave.
2. When the need for unpaid family and medical leave is foreseeable and the
employee fails to give 30 days notice with no reasonable excuse for the
delay of notication, the Department may delay the taking of family and
medical unpaid leave until at least 30 days after the date the employee
provides notice of their need for family and medical leave.
3. If the need for leave is not foreseeable, the employee shall provide notice
within a reasonable period of time appropriate to the circumstances
involved. If necessary, notice may be given by an employee’s personal
representative (e.g., a family member or other responsible party). If the
need for leave is not foreseeable and the employee is unable, due to
circumstances beyond their control to provide notice of their need for
leave, the leave may not be delayed or denied.
4. The time frame in Paragraph 2 above will be waived for good cause.
E. Medical Certication (when requesting leave for serious health conditions)
1. An employee shall provide written medical certication to the Department
in a timely manner.
2. The written medical certication shall include:
a. The date the serious health condition commenced;
b. The probable duration of the serious health condition;
c. The appropriate medical facts within the knowledge of the health care
provider regarding the serious health condition including a statement
as to the incapacitation, examination, or treatment that may be
required; and,
d. A statement that the employee is unable to perform the functions of
their position.
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3. The Department shall not require any personal or condential information
in the written medical certication other than that required by Paragraph E
2 of this section.
4. If the Department doubts the validity of the original certication, the
Department may require, at the Department’s expense, that the employee
obtain the opinion of a second health care provider designated or
approved jointly by the Department and the employee concerning the
information certied under Paragraph E 2 of this section.
5. If the opinion of the second health care provider diers from the original
certication, the Department may require, at the Department’s expense,
that the employee obtain the opinion of a third health care provider
designated or approved jointly by the Department and the employee
concerning the information certied under Paragraph E 2 above.
The opinion of the third health care provider shall be binding on the
Department and the employee.
6. “Health Care Provider” is dened as any of the following individuals:
a. A licensed Doctor of Medicine or Doctor of Osteopathy or a physician
who is serving on active duty in the uniformed services and is
designated by the uniformed service to conduct examinations;
b. Podiatrists, dentists, clinical psychologists, optometrists, and
chiropractors (limited to treatment consisting of manual manipulation
of the spine to correct a subluxation as demonstrated by x-ray to exist)
who are authorized to practice by state law;
c. Nurse practitioners and nurse midwives who are authorized to practice
by state law or Christian Science practitioners listed with the First
Church of Christ Scientist, in Boston, Massachusetts;
d. Any health care provider recognized by the Federal Employees Health
Benets Program or who is licensed or certied under federal or state
law to provide the service in question;
e. A health care provider as dened in Paragraph d of this denition who
practices in a country other than the United States, who is authorized
to practice in accordance with the laws of that country, and who is
performing within the scope of their practice as dened under such law;
f. A Christian Science practitioner listed with the First Church of Christ
Scientist, in Boston, Massachusetts; or,
g. A Native American, including an Eskimo, Aleut, or Native Hawaiian,
who is recognized as a traditional healing practitioner by native
traditional religious leaders and who practices traditional healing
methods as believed, expressed, and exercised in Indian religions of
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the American Indian, Eskimo, Aleut, or Native Hawaiians, consistent
with Public Law 95-314, August 11, 1978 (692 Stat. 469), as amended
by Public Law 103-344, October 6, 1994 (108 Stat. 3125).
7. To remain entitled to leave under FMLA, an employee or the employee’s
spouse, son, daughter, or parent must comply with any requirement from
the Department that they submit to examination (not treatment) to obtain a
second or third medical certication from a health care provider other than
the individual’s health care provider.
8. If the employee is unable to provide the requested medical certication
before leave begins or the Department questions the validity of the
original certication provided by the employee and the medical treatment
requires the leave to begin, the Department shall grant provisional leave
pending nal written medical certication.
9. An employee must provide the written medical certication required by this
section, signed by the health care provider, no later than 15 calendar days
after the date the Department requests such medical certication. If it is
not practicable under the particular circumstances to provide the requested
medical certication not later than 15 calendar days after the date requested
by the Department despite the employee’s diligent, good faith eorts, the
employee must provide the medical certication within a reasonable period
of time under the circumstances involved, but no later than 30 calendar days
after the date the Department requests such medical certication.
10. If, after the leave has commenced, the employee fails to provide the
requested medical certication, the Department may:
a. Charge the employee as AWOL, unless:
1) The reason for not providing the medical certication was beyond
the control of the employee;
2) The employee made a good faith eort to provide the certication.
Prior to being placed on AWOL, an employee will be provided written
advance notice of at least 10 working days and given the reasons why
AWOL is being charged. During this period, the employee may comply
with the Department’s request for certication, and the AWOL charges will
be rescinded.
b. Or allow the employee to request that the provisional leave be charged
to leave without pay or charged to the employee’s annual and/or sick
leave account, as appropriate.
11. Any health care provider designated or approved by the Department
shall not be employed by the Department or be under the administrative
oversight of the Department on a regular basis unless the employee’s
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ocial duty station is located in an area where access to health care is
extremely limited.
F. Medical Recertication - While an employee is using leave under FMLA,
the Department may require, at the Department’s expense, subsequent
medical recertication from the health care provider only if the circumstances
described in the original medical certication change signicantly or if
the Department receives bona de information that casts doubt upon the
continuing validity of the medical certication. Such requests for medical
recertication shall not occur more frequently than every six weeks.
G. An employee eligible under the Department’s Family Medical Leave Program
may request to participate in the telework program consistent with Article 20 -
Telework of this Agreement.
H. Protection of Employment and Benets - Upon return from family and medical
leave, the employee will be restored to the same position as occupied
before the leave or to an equivalent position in the same commuting area
with equivalent benets, pay, status, and other terms and conditions of
employment.
I. The Department shall inform its employees of their entitlements and
responsibilities under FMLA, including the requirements and obligations of
employees.
J. An employee who meets the criteria for leave and has complied with the
requirements under this section may not be denied leave, consistent with all
applicable rules governing annual or sick leave, as appropriate.
Section 17 - Blood, Bone Marrow and Organ Donor Leave
A. Donor leave will be granted consistent with government-wide rules and
regulations.
B. Employees will be granted up to four hours of excused absence to donate
blood to a Department sponsored or endorsed blood program. Additional
excused absence will be granted to employees who donate blood platelets
through Department endorsed Hemophoresis Programs. Time spent in
necessary travel for such purposes shall also be administrative leave. The
Department may require available documentation of blood donation when
there is a basis to verify the donation.
C. Upon request, subject to certication by a health care provider, leave-
approving ocials shall approve excused absence for employees who
serve as living donors for bone marrow, organ, and tissue donation and
transplantation. The use of excused absence can cover time o for activities
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such as donor screening, the actual medical procedure, and recovery time.
Leave-approving ocials shall approve:
1. Up to seven workdays of absence without charge to leave or loss of
pay for each donation by employees participating as living bone marrow
donors; or,
2. Up to 30 workdays of absence without charge to leave or loss of pay for
employees participating as living organ and tissue donors.
The length of absence from work can vary depending on the medical
procedure involved in the donation. Therefore, for longer periods of
incapacitation, leave-approving ocials shall approve annual and/or sick
leave or LWOP in combination with the maximum amounts of excused
absence specied as above in this section.
Section 18 - Leave for Bereavement
A. Upon request, subject to any documentation requirements, leave-approving
ocials shall approve up to ve days of annual leave, sick leave, and/or
LWOP for employees to mourn the death of the following family members:
1. Spouse;
2. Children, including adopted and step-children;
3. Parents, including stepparents;
4. Siblings, including step-brother/sister; or,
5. Any individual related by anity, i.e., whose association with the employee
is the equivalent to one of the family relationships identied above.
B. Upon request, subject to any documentation requirements, leave approving
ocials shall approve one day of annual leave, sick leave, and/or LWOP for
employees to mourn the death of a grandparent or parent of their spouse.
C. The supervisor has discretion to require documentation (e.g., obituary,
death certicate) prior to nal approval of bereavement leave. However, this
documentation will normally be required only in unusual circumstances.
Section 19 - Funeral Leave
A. Funeral leave is granted to allow an employee to make arrangements for,
or to attend, the funeral or memorial service for an immediate relative who
died as the result of a wound, disease, or injury incurred while serving as a
member of the armed forces in a combat zone. The Department shall grant
employees such funeral leave as is needed and requested, not to exceed
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three workdays of excused absence, without loss of or reduction in pay. The
three days need not be consecutive but if not, the employee shall furnish the
approving authority satisfactory reasons justifying a grant of funeral leave for
nonconsecutive days.
B. The Department may grant funeral leave only from a prescribed tour of duty,
including regularly scheduled overtime, from a period during which, except for
absence on funeral leave, the employee would have worked.
Section 20 - Rest and Relaxation Title 38 Physicians, Dentists, Podiatrists,
and Optometrists
The Under Secretary for Health and facility directors or the professional person
acting for them, are authorized to approve absence for a period not to exceed 24
consecutive hours for rest and relaxation for full-time physicians, dentists, podiatrists,
and optometrists who have been required to serve long hours in the care and
treatment of patients.
Section 21 - Excused Absence (Administrative Leave)
Excused absence (sometimes referred to as administrative leave) is absence from
assigned duties without charge to leave or loss of pay. Excused absence may be
granted for activities which are in the government’s interest.
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ARTICLE 36 - TIMELY AND PROPER COMPENSATION
Section 1 - Timely Receipt
A. Employees are entitled to timely receipt of all wages earned for the applicable
pay period. Employees shall receive their leave and earning statements in
a secure manner and no later than payday, when available. The options
(Electronic Funds Transfer (EFT) or check) available to the employee will be
communicated to existing employees within 30 days from the eective date of
this Agreement and to new employees prior to choosing a method to receive
wages.
B. Employees will receive their salary payments through EFT unless they submit
a written request for a waiver. An employee who has requested a waiver shall
receive a check. The waiver request will be signed and dated, and state: “I
request a waiver from EFT because I have determined EFT would impose a
hardship.” No employee will be required to justify their request for waiver.
Section 2 - Errors in Payment
Employees will review their leave and earnings statements and notify their supervisors
of any unexplained changes. When there is an error in payment, the Department
will advise employees of the procedures available. Upon the employee’s request,
the Department will provide the necessary forms for ling a request for waiver of all
overpayment of pay and allowances received in good faith.
Section 3 - Special Payments
A. Whenever a Department error results in the failure of an employee to
receive less than 90% of their basic pay and allowances, Special pay can be
authorized upon request from the employee or local payroll oce. Corrective
actions should begin immediately upon identication of the pay aecting
error. Special pay authorizations can only be submitted upon completion of
the corrective action(s). The processing of Special pay requests is made by
VA's payroll provider and normally take 3-5 business days. Special payments
will be made in the same form normally issued to an employee (i.e., EFT or
check) or in other forms of payment. On an annual basis, the Department
shall provide the Union with a report of AFGE bargaining unit employees who
received authorizations for Special pay due to an employee receiving less
than 90% of the basic pay and allowances.
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ARTICLE 37 - TRAINING AND CAREER DEVELOPMENT
Section 1 - General Provisions
A. The Department and the Union agree that the training and development
of employees is of critical importance in carrying out the mission of the
Department. In recognition of this, the Department will provide training and
career development opportunities to employees of the bargaining unit. The
Department is responsible for ensuring that all employees receive the training
necessary for the performance of the employees’ assigned duties.
B. The parties agree that there may be reorganization, technological changes,
RIFs, or other major actions which could have an impact on job security.
In recognition of this, the Department will make every eort to provide training
which would allow employees to move into existing or projected vacancies,
consistent with budget and stang restrictions.
C. Nothing in this section is intended to interfere with applicable merit promotion
requirements or Title 38 career advancement procedures.
Section 2 - Local Training Committees
A. There shall be a joint local level Training and Career Development
Committee which will be authorized to reach joint agreements and make joint
recommendations regarding training and career development programs.
B. The committee will consist of Department and local union representatives.
The committee will meet as needed to address training issues such as:
1. Orientation sessions for new employees;
2. In-service or on-the-job training to improve the employees’ capability to
perform their current jobs;
3. Training for career enhancement;
4. Cross-training and rotational assignments;
5. Funding for training;
6. Upward mobility; and,
7. Tuition support.
Section 3 - Training Costs
A. The Department will pay all expenses, including tuition and travel, in
connection with training required by the Department to perform the duties of
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an employee’s current position or a position to which an employee has been
assigned.
B. Depending upon the availability of funds and training priorities, the Department
will also pay appropriate expenses for work-related training that will:
1. Improve an employee’s ability to perform their current job or a job the
employee has been selected to ll through merit promotion;
2. Increase an employee’s knowledge or skills in connection with career
growth or advancement opportunities; or,
3. Approval of such training may also be contingent upon an agreement by
the employee to share any costs with the Department.
C. When resources for training are limited, approval for training funds will be
based on fair criteria that are equitably applied.
Section 4 - Reassignments and New Assignments
When employees are reassigned to new positions or assigned new duties in
connection with their current positions, the Department will provide the training
necessary to enable employees to perform all required duties.
Section 5 - Scheduling Training
A. When training required by the Department is conducted during an employee’s
regularly scheduled work hours, they will be granted excused absence to
attend.
B. When training is approved under Section 3(B) of this article, the Department
will make a good faith eort to grant excused absences from work or make
schedule adjustments to accommodate an employee’s training or educational
program.
Section 6 - Training Information
A. The Department shall inform employees, at least annually, about Department
training opportunities, policies, and nomination procedures. Upon request,
the Department will advise individual employees of training opportunities that
meet identied educational or career objectives.
B. The Department will maintain up to date information about training courses,
programs, and seminars conducted or sponsored by the Department or
available from some other source. This information shall be accessible to
employees and publicized in such a way as to provide adequate notice to
interested employees.
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Section 7 - Notication
Employees will be notied of approval or disapproval of training requests as soon
as possible but in every case prior to the starting date of the training. Should an
employee’s request for training be disapproved solely for lack of funds, the employee
may resubmit a request for training as funds become available. That request will be
given rst consideration but may be disapproved due to higher training priorities. If not
selected for training, the employee will be notied of the reasons.
Section 8 - Educational Programs and Continuing Education
A. As resources permit, the Department shall work with educational institutions
and other training sources to develop opportunities for employees to
participate in long term educational programs.
B. The parties recognize that a block of time for pursuing continuing education
is benecial to the Department. Each facility is therefore encouraged to grant
a minimum block of time to employees for pursing continuing education
opportunities.
Section 9 - Local Negotiations
Procedures which ensure fair and equitable training opportunities are appropriate
subjects for local bargaining.
Section 10 - Tuition Support
A. Employees who are eligible for receiving tuition support shall be informed of
the availability of reimbursement funds and shall be given the opportunity to
apply for the reimbursement funds.
B. When a change in qualications for a position mandates an additional
requirement for an employee already holding that position, the Department
will pay for the education needed for the employee to meet the new
qualications unless the employee is grandfathered in or taken out of the
position.
C. Tuition support for upward mobility is a proper subject for local bargaining.
D. Bargaining unit employees shall have an equitable opportunity to compete for
the receipt of available tuition support funds.
E. All employees will be timely provided with information on the availability of
funds for tuition support and on the processes by which an employee may
apply for any available funds.
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ARTICLE 38 - UNIFORMS
Section 1 - General
This article establishes policies, procedures, and responsibilities for acquiring,
wearing, maintaining, and exchanging of ocial Department uniforms. An employee
who is required by the Department to wear a uniform shall receive either an allowance
for uniforms or be issued uniforms but not both. The Department shall issue uniforms
in accordance with law, government-wide regulation, and VA policy. Nothing will
prevent local negotiations on uniform issues.
Section 2 - Purpose
The objective is to enhance employee and public pride and to project an image of
the organization. Further, employees shall be provided with functional, durable, and
comfortable uniforms appropriate for the assigned duties and climates. Employees
shall be assured the highest possible degree of consistency in uniform appearance
that is commensurate with the diversity of tasks and climates confronting employees
that will enhance and clearly identify the role of the employee.
Section 3 - Police Uniforms
The Department will provide Police Ocers in the Department with certain items and
their replacements, in accordance with Handbook 0730. The Department will provide
an allowance for items not issued by the Department, in accordance with 38 USC 903.
The Police Ocer will not be required to use personal funds for mandated uniform
items. The Department agrees to establish a system that provides for the expeditious
acquisition of uniforms.
Section 4 - Fireghter Uniforms
The Department will provide an allowance for items not issued by the
Department,
in accordance with 5 USC 5901-5903, VHA Handbook 1850.04,
and government-wide
regulation.
The Fireghter will not be required to use personal funds for mandated uniform
items.
The Department agrees to
establish
a
system
that
provides
for
the
expeditious
acquisition
of
uniforms.
Section 5 - Repairs and Alterations
The Department shall repair or alter government-issued uniforms including required
patches and emblems.
Section 6 - Lab Coats
All full time employees who wear lab coats shall be issued a minimum of seven lab
coats. Pathology and Laboratory shall be issued non-permeable lab coats. For other
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employees, the minimum number of lab coats issued to each employee must be the
number required to ensure that a clean lab coat is available each workday.
Section 7 - Number of Uniform Items
All full time employees who wear uniforms that must be laundered between uses shall
be issued a minimum of seven uniforms. For other employees, the minimum number
of such uniforms issued to each employee must be the number required to ensure
that a clean uniform is available each workday.
Section 8 - Changes
Any proposed changes in the current style, color, texture, or design of uniforms
currently in existence shall be forwarded to the Union at the aected level for
bargaining.
Section 9 - Distribution of Uniforms
The Department shall provide a consistent and equitable distribution system that will
allow for a convenient exchange of laundered Department issued uniforms.
Section 10 - Replacement
All Department issued uniforms and accessories shall be replaced when rendered
unserviceable.
Section 11 - Time to Change In and Out of Uniforms
This section is addressed in Article 21 - Hours of Work and Overtime, Section 3 L.
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ARTICLE 39 - UPWARD MOBILITY
Section 1 - Goals and Objectives
The goal of Upward Mobility is to provide maximum opportunity for employees to
advance so as to perform at their highest potential. An objective of Upward Mobility is
to support the advancement of underrepresented minorities and women and to meet
other special emphasis program goals. The Department’s wide range of occupations
will be considered in developing Upward Mobility opportunities.
Section 2 - Program Penetration
The extent of any installation’s Upward Mobility endeavors will depend on,
among other things:
A. The number of lower-graded employees having the requisite potential;
B. The number and type of target positions available which would link employee
potential with positions in support of the facility’s operations;
C. Available training resources; and
D. Ceiling or budget constraints. Eorts will be made to create alternate ways
to support Upward Mobility such as collaborative eorts with schools having
dierent academic and vocational programs.
Section 3 - Identifying Positions
Each facility will design an Upward Mobility Program, consistent with Section 2 above,
that is responsive both to employee career advancement and to the facility’s stang
needs. There will be joint labor/management involvement in the design of such a
program. As part of this program, the parties will identify positions which may be
appropriate for upward mobility. If the Department determines that a position should
be lled as upward mobility, the position will be specically described and announced
as such. It will be lled at a grade level which is lower than the target level and will
permit the consideration of employee potential as a factor in evaluating candidates for
selection.
Section 4 - Creating Training Positions
It is understood that upward mobility may also be achieved by:
A. Evaluating situations where vacant positions can be lled at lower-grade,
trainee levels;
B. Identifying areas where bridge positions could be established in order to
provide opportunities for employees to enhance their careers; and,
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C. Skills upgrading to supplement the existing skills of employees so that they
may fully qualify for positions in other career ladders. The consideration of
positions for upward mobility will not be limited to any particular occupational
series.
The Department will review promotion announcements to ensure that the
qualications sought of applicants are necessary for successful performance in the
position (e.g., not all secretarial positions require the ability to take dictation).
Section 5 - Employee Initiatives
Employees are encouraged to seek guidance from their immediate supervisor(s)
or from the appropriate administrative oce if they are interested in learning about
available career opportunities. These employees will be furnished information about
lines of career progression, education requirements, available job opportunities, etc.
Upward Mobility announcements will be well communicated throughout the facility by
such means as: e-mail, bulletin boards, newsletters, and sta meetings.
Section 6 - Specialized Training
The Department also agrees that the Upward Mobility Program can be enhanced
by providing tailored guidance and training in instances where it may be benecial
to help employees adjust. These special eorts may be made consistent with the
requirements of the position, the selectee’s talents and aptitudes, and within available
resources.
Section 7- Cross-Training
The parties recognize that cross-training, where this approach is feasible, can provide
a valuable opportunity for employees to broaden their experience. Each facility will
review the possibility of increasing the amount of cross-training conducted within its
services or divisions.
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ARTICLE 40 - WITHIN-GRADE INCREASES AND
PERIODIC STEP INCREASES
Section 1 - Within-Grade Increases For Title 5, Hybrid, and Veterans
Canteen Service (VCS) Employees
A. Applicability
1. This section applies to all General Schedule, Federal Wage System,
and non-appropriated fund employees in the unit of recognition. This
includes Hybrid Title 38 employees appointed on a full time, part-time,
or intermittent basis under 38 USC 7401(3) or 7405(a)(1)(B). It will be
used in conjunction with Article 27 - Performance Appraisal. Periodic step
increases for Title 38 employees are discussed in Section 2 below.
2. It is noted that the general authority for Within-Grade Increases (WIGI)
currently is contained in 5 USC 5335 and 5 CFR part 531, subpart D.
B. Denitions
1. Acceptable Level of Competence - An employee will be considered to
have attained an acceptable level of competence when they are currently
performing at the fully successful or better level under the performance
appraisal system, and such performance is documented by a rating of at
least fully successful/satisfactory.
2. Waiting Period - The term waiting period refers to the minimum time
requirement of creditable service to become eligible for a WIGI.
3. Within-Grade Increase - The term WIGI means a periodic increase in an
employee’s rate of basic pay from one step of the grade of their position to
the next higher step.
4. Equivalent Increase - This term means an increase in an employee’s rate
of basic pay which is equal to or greater than the amount of one WIGI.
An equivalent increase is based on the step rate held by the employee
before their advancement to the next step of the grade of their position. An
equivalent increase does not include:
a. A statutory pay adjustment;
b. The periodic adjustment of a wage schedule;
c. The establishment of an above-minimum entrance rate or special
salary rates;
d. A quality step increase or other incentive award;
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e. A temporary or term promotion when returned to the permanent grade
or step; or,
f. An increase resulting from placement of an employee in a supervisory
or management position who does not satisfactorily complete a
probationary period under 5 USC 3321(a)(2) and is returned to a
position at the same grade and step held by the employee before such
placement.
C. Within-Grade Increases
1. The determination to grant or withhold a WIGI will be based on the
employee’s appraisal of record and their current performance under a
performance plan for 90 days or more.
2. The WIGI will be granted as soon as the employee is eligible if they have
met an acceptable level of competence.
D. Performance/Competence Determination
1. Communication of Performance Requirements - Employees shall be
informed of the specic performance requirements that constitute an
acceptable level of competence within the time frames and means
of communication of performance standards established under the
performance appraisal system.
2. Acceptable Level of Competence Determinations:
a. An acceptable level of competence determination shall be based
on the current rating of record. This rating used as the basis for
an acceptable level of competence determination must have been
assigned no earlier than at the end of the most recently completed
annual appraisal period. If the most recent rating is more than 90 days
old, the current performance will be reviewed to ensure that the rating
of record reects current performance.
b. When it is determined that current performance is not at an acceptable
level, a special rating must be prepared to document current
performance.
3. Notication - Employees shall be provided with an acceptable level of
competence determination as soon as possible after the completion of the
required waiting period.
a. Favorable Determination - The SF-50-B, Notication of Personnel
Action, shall be used to advise employees that they have achieved
an acceptable level of competence and will receive a within-grade
increase.
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b. Negative Determination - When it is determined that the employee’s
performance is not at an acceptable level of competence, the
employee shall be given a written notice which includes the following:
1) The reasons for the negative determination and the respect in
which the employee must improve their performance; and,
2) Information on the employee’s right to request reconsideration of
the negative determination.
E. Reconsideration
1. Procedures for WIGI Determinations
a. Where an employee has been assigned to a present supervisor for
less than 90 days, and that supervisor cannot adequately assess
the employee’s performance, they shall secure the written views
of the employee’s prior supervisor before making a performance
determination. A copy of this document will be given to the employee.
b. Except in rare and unusual circumstances, the WIGI will be granted as
soon as the employee is eligible unless the employee was informed in
writing:
1) During the most recent progress review; or,
2) In no event later than at least 60 calendar days before the end
of the statutory waiting period for eligibility for a WIGI that their
performance is below an acceptable level of competence and,
unless their performance improves, the WIGI will be denied.
2. In those rare and unusual circumstances when the supervisor does
not give
60 calendar days advance notice and the WIGI is delayed, the supervisor will
reconsider the employee’s level of competence not later than 60 calendar days
after the date on which the employee completed
the required waiting period,
If the employee’s level of competence is
acceptable, the WIGI will be made
retroactively eective on its original
due date.
3. If at the end of the 60 calendar days, the employee’s performance is not
at an
acceptable level of competence for the purpose of approving the WIGI, the
employee will be given a written notice which will include:
a. An indication that the employee’s work has been reviewed;
b. A statement that the employee’s work has been determined to be of a
less than acceptable level of competence;
c. An identication of those elements where the employee’s performance
has resulted in denial of the WIGI;
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d. A statement that the employee has a right to request, in writing, a
reconsideration of the negative determination, provided the request
is made within 15 days of the employee’s receipt of the negative
determination;
e. The name of the reconsideration ocial to whom the employee may
submit a request;
f. A statement that the employee may have a local union representative
when presenting a request to the reconsideration ocial;
g. A statement that the employee may appeal via the appropriate
procedure the basis for the negative determination in person and/or in
writing; and,
h. An explanation that the employee may be considered for a WIGI
at any time during the next 26 calendar weeks if the employee
demonstrates an acceptable level of competence.
F. Exceptions
1. Delays of Acceptable Level of Competence Determinations - The employee
shall be informed in writing whenever their acceptable level of competence
determination is being delayed in accordance with OPM regulations. The
employee shall be informed of the reasons for delay and the specic
requirements for performance at the acceptable level of competence.
2. Waiver of Requirement to Make Acceptable Level of Competence
Determinations - An acceptable level of competence determination shall
be waived and a WIGI granted when an employee had not served for at
least 90 days in any position under an applicable agency appraisal system
during the nal 52 weeks of the waiting period for the reasons specied in
5 CFR 531.409(d).
G. Redeterminations
After a WIGI has been withheld, the Department may grant a WIGI at any
time after it determines that the employee has demonstrated performance at
an acceptable level of competence. In such cases, the WIGI will be eective
the rst day of the rst pay period after the acceptable determination is made.
Section 2 - Periodic Step Increases For Personnel Appointed Under
38 USC 7401(1) and 38 USC 7405(a)(1)(A):
A. Applicability
This section applies to any physician, dentist, optometrist, podiatrist,
Registered Nurse (RN), Physicians Assistant (PA), Expanded Function Dental
Auxiliary (EFDA), or chiropractor, who is receiving less than the maximum
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 211
rate of their grade. Within-grade increases for Title 5, Hybrid, and VCS
employees are discussed in Section 1 above.
B. Governing Law
Under Department regulations set forth in VA Handbook 5007, Part III,
Chapter 5, Section 1, and VA Handbook 5013, Part II, Paragraph 12, the
employees listed in subsection 1 A will be advanced to the next higher step
rate within such grade if they meet the eligibility requirements and waiting
periods set forth in the regulations. Any reference to a Handbook in this
section is to the document cited, or as found in the successor document.
C. Eligibility
Pursuant to VA Handbook 5007, Part III, Chapter 5, Section l.b., a periodic
step increase will be granted when:
1. An employee’s work is of an acceptable level of competence;
2. No “equivalent increase” in compensation was received during the period
under consideration; and,
3. The benet of successive increases shall be preserved for any person
whose continuous service is interrupted by active military duty.
D. Waiting Periods
Pursuant to VA Handbook 5007, Part III, Chapter 5, Section 1 c, the minimum
time requirement of creditable service without an equivalent increase is either
52 weeks or 104 weeks of creditable service, depending upon the employee’s
occupation and grade. Please see the Department regulations for specic
waiting period requirements and applicable exceptions.
E. Disapproval and Reconsideration
Procedures for disapproval and reconsideration of periodic step increases
are set forth in VA Handbook 5013, Part H, Paragraph 12. Those regulations
provide that if disapproval is recommended, the rating ocial shall prepare
a written justication and forward it, through the local HRM Oce, to the
approving ocial for decision. If disapproved:
1. The employee will be notied in writing of:
a. The reason(s) for disapproval;
b. The fact that the employee will be reconsidered within 52 weeks (time
to be specied); and,
c. The right to ask for a review of the decision under Paragraph 2 below.
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2. An employee may request reconsideration of a decision to deny a
periodic step increase or rate of adjustment within 15 calendar days of
receipt of the notication required under c above. The reconsideration
decision will be rendered by the next higher level professional/
administrative supervisor at the health care facility or, if there is no
higher level professional/administrative supervisor at the facility, the le
is to be submitted to the appropriate Network Director for decision. All
reconsideration decisions are nal. If, on reconsideration, it is determined
that an employee was performing at an acceptable level of competence,
the employee shall be given the periodic step increase retroactive to the
original due date.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 213
ARTICLE 41 - WORKERS’ COMPENSATION
Section 1 - General
The Oce of Workers’ Compensation Program (OWCP) is administered by the U.S.
Department of Labor (DOL). Employees should consult the DOL for guidance on
applicable laws, DOL regulations, and precedents if issues arise that are not covered
herein.
Section 2 - Counseling
A. The Department agrees that when an employee sustains an injury or
an alleged acquired illness or exposure, in the performance of duties,
and reports it to the Department, the supervisor and/or the appropriate
Department ocial will immediately inform the aected employee of their
rights under the Federal Employees Compensation Act (FECA). These rights
include the following:
1. The employee’s right to le for compensation benets;
2. The types of benets available;
3. The written procedure for ling claims at each station or workplace;
4. The option to use compensation benets if approved in lieu of sick or
annual
leave; and,
5. The option to use continuation of pay for traumatic injuries in lieu of
sick or
annual leave.
B. The Department will review and respond to an employee’s complaint of
the mishandling of their Workers’ Compensation claim. The response will
be provided to the employee in writing in a timely fashion. The review and
response will be completed no later than 30 days from the receipt of the
complaint. If the review and response will not be completed in 30 days, the
employee will be given a written response no later than the 30th day and the
reasons for the delay, including an estimate of how much more time it will
take to complete.
Section 3 - Procedure for Filing Claims for Workers’ Compensation
Benets
A. As soon as possible after experiencing a job-related injury or illness, the
employee should contact their supervisor.
B. The Department shall, at that time, assure the employee is provided the
proper forms and assist the employee in lling them out. The CA-16, CA-17,
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CA-7, and CA-20 must be in hard copy; for other forms, the employee will
be permitted to choose whether to use electronic or paper forms. The forms
include:
1. CA-1 is the appropriate form for reporting a traumatic injury. A traumatic
injury is a wound or other condition of the body caused by external force,
including stress or strain. The injury must be identiable by time and place
of occurrence and member of the body aected; it must be caused by a
specic event or incident or series of events or incidents within a single
day or work shift. A traumatic injury also includes damage to or destruction
of prosthetic devices or appliances.
2. CA-2 is the appropriate form for reporting an occupational disease or
illness. An occupational disease is dened as a condition produced in
the work environment over a period longer than one workday or shift. It
may result from systemic infection, repeated stress or strain, exposure to
toxins, poisons, or fumes, or other continuing conditions of the work.
3. CA-2A is the appropriate form for recording a recurrence of disability.
A recurrence of disability is dened as a spontaneous return or
increase of disability due to a previous injury or occupational disease
without intervening cause or a return or increase of disability due to a
consequential injury.
4. CA-16 authorizes an injured employee to obtain immediate examination
and/or treatment from a physician for an on-the-job injury. An employee
has the initial right to select a physician of their choice to provide
necessary treatment. The physician must be listed by name on the CA-
16. The term ‘physician’ includes doctors of medicine (MD), surgeons,
osteopathic practitioners, podiatrists, dentists, clinical psychologists,
optometrists, and chiropractors within the scope of their practice as
dened by state law. Whenever possible, the employee will be provided
CA-16 (Authorization for Examination and/or Treatment) within four hours
after requesting the CA-16. When it is not possible, the Department will
authorize medical treatment by telephone and send the completed form
to the medical facility within 48 hours. The Department will provide the
employee with information about accessing DOL’s online medical provider
search tool and will assist the employee in obtaining the list. The fact that
a provider is listed in no way constitutes an endorsement of the provider,
or the provider’s services, by the Department.
5. CA-17 is the form used to report the duty status of the employee. The
supervisor must ll out the left hand portion of the form describing the
physical requirements of the position. The physician or practitioner
completes the CA-17, Duty Status Report, as appropriate, to provide
information such as the date the employee can return to work or any
restrictions on work the employee will be able to perform.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 215
6. CA-7 is the form used to claim compensation (wage loss) when the
employee cannot return to work after Continuation of Pay (COP)
ends, or when the employee is not entitled to receive COP, and claims
compensation for wage loss. CA-7 is led in occupational exposure or
recurrence cases. In controverted cases, where pay is terminated, form
CA-7 is submitted with form CA-1. CA-7 is also used to claim a schedule
award for permanent impairment as a result of traumatic injury.
7. CA-20 is a Medical Report Form. This report may be made on CA-20,
which is a form attached to CA-7. The Department will provide form CA-20
to the employee as often as needed.
8. The employee’s PD.
C. The appropriate sections of these forms should be lled out by the employee
and given to the supervisor as soon as possible, but not later than 30
calendar days from the date the employee noties the Department of the
injury or illness. If the employee is incapacitated, this action may be taken by
someone acting on behalf of the employee. Supervisory action on CA-1 and
CA-2 forms shall be completed within ve working days after the employee
completes their portion of the form. For all forms, the Department must
complete the appropriate parts of the form(s) and transmit them to the DOL,
OWCP, within the time limits set out by the DOL.
D. The Department will not request an employee to release the employee’s
medical records or other personally identiable information, except to the
extent required to adjudicate the employee’s claim. This release will be
specic to the injury/illness claimed. An employee will be informed of and
aorded the opportunity to discuss the release of records with the Union prior
to submitting the release.
E. All records relating to claims for benets led under FECA are covered by the
government-wide Privacy Act system of records (DOL\Govt1). (See 20 CFR
10.11) The employee will be informed in writing of the employee’s privacy
entitlements/rights aorded by DOL under Title 20, System of Records.
F. At the time the employee les a claim, the employee will be asked to
designate whether they wish a representative of the Union to be notied that
the employee has led a claim, and/or to receive a copy of the claim.
Section 4 - Posting of Employee Rights
The Department agrees to post a notice on all Department controlled bulletin boards
advising employees of the appropriate HR oce room/building location for ling
Workers’ Compensation claims. The notice will also include HR oce telephone
numbers and/or the Department’s OWCP Specialists oce telephone number for
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obtaining information/assistance relevant to Worker’s Compensation claims. The
Department further agrees to distribute annual notice to all employees providing them
the same information.
Section 5 - Election of Benets Options
A. As a rule, three years is the time limit for initially ling an OWCP claim. It is to
the employee’s advantage to le a claim immediately after becoming aware
of a medical condition that was caused by work.
B. OWCP (DOL), not the Department, decides if an employee has a
compensable injury and what benets they are entitled to under FECA.
OWCP will notify the employee in writing when the claim has been received
and OWCP has assigned a claim number.
C. Pending the approval of the compensation claim, an employee with a job-
related traumatic injury/illness or occupational disease may elect to be placed
on sick or annual leave instead of leave without pay. If the employee’s claim
is approved, the employee shall have the option of buying back any leave
used and having it reinstated to the employee’s account.
D. An employee with a job-related traumatic injury/illness may elect to
receive 45 days of COP if the claim is led within 30 days of the injury. The
entitlement to COP is not available to employees who le an occupational
disease claim.
E. f the employee’s claim for compensation is disallowed by the DOL, OWCP,
any of the 45 days of COP that were previously granted will be converted to
sick leave, annual leave, and/or LWOP. The employee shall be responsible
for advising the Department as to which form(s) of leave is/are requested and
for completing an SF-71, Application for Leave, or its electronic equivalent.
Section 6 - Placement of Workers’ Compensation Claimants
A. When an employee requests and supports their request with appropriate
medical information, the Department will make a serious eort to assign the
employee on a temporary basis to duties consistent with the employee’s
medical needs, pending resolution of their claim.
B. Where the employee requests and supports their request with an approved
OWCP claim and appropriate medical information, the Department will
take prompt action with regard to all job related injuries or illnesses so that
employees receive the appropriate benets expeditiously, and are returned to
duty as soon as possible. Employees will be informed about their rights and
responsibilities related to job incurred illnesses or injuries.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 217
C. Employees will be provided transitional (light) duty assignments consistent
with their qualications and medical limitations. Light duty assignments
must be in writing, of limited duration, and not to be considered indenite or
permanent in nature. Transitional (light) duty may also include reduced hours
or changing the employee’s scheduled tour of duty without loss of pay. Any
such action will be consistent with the negotiated Article 23 – Title 5 Merit
Promotion.
D. Form CA-17, Duty Status Report, is the designated form to be used by
the agency to have the attending physician list any work limitations or
restrictions. Light duty is work that has been modied to meet physical
restrictions of an employee. These requested restrictions are designed to
protect the health and safety of the aected employee or others. These
assignments may involve physical activities, environmental aspects of an
assignment (e.g., exposure to dust or fumes), scheduling (e.g., no shift work
for an unstable diabetic), travel equipment usage (e.g., respirators, ladder
climbing, driving), communication abilities (e.g., inability to speak), sensory
impairments (e.g., visual decits, color blindness or other similar condition,
diminished ability to sense heat or cold or other similar condition, etc.).
Form CA-17 must specify, as shown in the PD, the physical and or mental
capabilities required, e.g., lift — pounds, repetitive motions of certain body
parts, squatting or bending, scheduling or environmental demands, or other
restrictions, which must be considered.
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ARTICLE 42 - AFFILIATIONS
A. The Department will honor the Union’s rights as the exclusive representative
regardless of any relationship between the Department and an aliate body.
B. The Department agrees that ocials of an aliate acting in a supervisory
capacity over unit employees shall be bound by applicable law, regulation,
the terms of this Agreement, and any applicable supplemental agreements in
their supervisory relationships with bargaining unit employees.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 219
ARTICLE 43 - GRIEVANCE PROCEDURE
Section 1 - Purpose
The purpose of this article is to provide a mutually acceptable method for prompt and
equitable settlement of grievances. This is the exclusive procedure for Title 5, Title 38
Hybrids and Title 38 bargaining unit employees in resolving grievances that are within
its scope, except as provided in Sections 2 and 3.
Section 2- Denition
A. A grievance means any complaint by an employee(s) or the Union concerning
any matter relating to employment, any complaint by an employee, the
Union, or the Department concerning the interpretation or application of this
Agreement and any supplements or any claimed violation, misinterpretation
or misapplication of law, rule, or regulation aecting conditions of
employment. The Union may le a grievance on its own behalf, or on behalf
of some or all of its covered employees.
B. This article shall not govern a grievance concerning:
1. Any claimed violation relating to prohibited political activities (Title 5
Chapter 73 Subchapter III);
2. Retirement, life insurance, or health insurance;
3. A suspension or removal in the interest of national security under 5 USC 7532;
4. Any examination, certication or appointment;
5. The classication of any position which does not result in the reduction in
grade or pay of an employee.
C. Under 38 USC 7422, the following exclusions also apply only to pure Title 38
bargaining unit employees:
1. Any matter or question concerning or arising out of professional conduct
or competence such as direct patient care or clinical competence;
2. Any matter or question concerning or arising out of peer review; and/or,
3. Any matter or question concerning or arising out of the establishment,
determination, or adjustment of employee compensation under 38 USC
7422.
Note 1: The language in the above paragraph shall only serve to preclude a grievance
where the Secretary, or a lawfully appointed designee of the Secretary (currently the
Under-Secretary for Health), determines in accordance with 38 USC 7422 that the
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grievance concerns or arises out of one or more of the three items listed above. Any
determination under this language by the Secretary or their designee is subject only to
judicial review pursuant to 38 USC 7422(c).
Section 3 - Other Applicable Procedures
A. As provided for in 5 USC 7121, the following actions may be led either under
the statutory procedure or the negotiated grievance procedure but not both:
1. Actions based on unsatisfactory performance (5 USC 4303),
2. Adverse actions (5 USC 7512),
3. Discrimination (5 USC 2302(b)(1)).
B. Nothing in this Agreement shall constitute a waiver of any further appeal or
review rights permissible under Title 5, Chapter 71.
C. An employee shall be deemed to have exercised their option under this
section when they timely initiate an action under the applicable statutory
procedure or le a timely grievance in writing under the negotiated grievance
procedure, whichever event occurs rst. Discussions between an employee
and an EEO (ORM) counselor would not preclude an employee from opting
to select the negotiated grievance procedure if the grievance is otherwise
timely. For purposes of an EEO action, the time limit for ling a grievance will
be extended by 30 days, beginning with the employee’s receipt of a notice of
the Right to File a Formal Discrimination Complaint.
Section 4 - Jurisdiction
If either party considers a grievance non-grievable or non-arbitrable, the original
grievance will be considered amended to include this issue. The Department must
assert any claim of non-grievability or non-arbitrability no later than the Step 3
decision.
Section 5 - Representation
The only representation an employee may have under this procedure is
representative(s) approved in writing by the Union, in accordance with Section 7. An
employee may pursue a grievance without union representation, but the Union may
elect to attend each grievance step. The Union will be provided notice immediately
when any grievance is led as well as given advance notice of each meeting.
Section 6 - Informal Resolutions
Most grievances arise from misunderstandings or disputes, which can be settled
promptly and satisfactorily on an informal basis. The use of ADR is encouraged.
The parties agree that every eort will be made to settle grievances at the lowest
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possible level. Inasmuch as dissatisfactions and disagreements arise occasionally
among people in any work situation, the ling of a grievance shall not be construed
as reecting unfavorably on an employee’s good standing, performance, loyalty, or
desirability to the Department. Reasonable time during work hours will be allowed
for employees and Union representatives to discuss, prepare for, and present
grievances including attendance at meetings with management ocials concerning
the grievances, consistent with Article 48 - Ocial Time and local supplemental
agreements.
Section 7 - Procedure
A. Grievance meetings under this procedure will be face-to-face at the location
of the grievant. By mutual agreement, the parties to the grievance may agree
to teleconference the grievance meeting. The Union is entitled to have an
equal number of representatives at all steps of the grievance procedure as
the Department.
B. Employees and/or their representatives are encouraged to informally discuss
issues of concern to them with their supervisors at any time. Employees and/
or their representatives may request to talk with other appropriate ocials
about items of concern without ling a formal grievance if they choose. In the
event of a formal ling of a grievance, the following steps will be followed.
Step 1.
An employee and/or the Union shall present the grievance to the immediate
or acting supervisor, in writing, within 30 calendar days of the date that the
employee or Union became aware, or should have become aware, of the act or
occurrence; or, anytime if the act or occurrence is of a continuing nature. The
immediate or acting supervisor will make every eort to resolve the grievance
immediately but must meet with the employee/representative and provide a
written answer within 14 calendar days of receipt of the grievance. If there is
to be more than one Department ocial involved in the grievance meeting, the
Union will be so notied in advance.
Step 2.
If the grievance is not satisfactorily resolved at Step 1, it shall be presented to
the Service/Division Chief, or other equivalent Department ocial or designee
within seven calendar days of the Step 1 supervisor’s written decision letter.
The recipient of the grievance shall sign and date the grievance. The Step 2
grievance must state, in detail, the basis for the grievance and the corrective
action desired. If there is to be more than one Department ocial involved in
the grievance meeting, the Union will be so notied in advance. The Step 2
ocial will provide the Step 2 answer within 10 calendar days from receipt of
the grievance.
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Step 3.
If no mutually satisfactory settlement is reached as a result of the second step,
the aggrieved party or the Union shall submit the grievance to the Director
within seven calendar days of receipt of the decision of Step 2. The recipient
of the grievance shall date and sign the grievance. The Step 3 grievance must
state, in detail, the basis for the grievance and the corrective action desired.
The Director or designee shall meet with the aggrieved employee(s) and their
Union representative(s) within seven calendar days from receipt of the Step
3 grievance to discuss the grievance. The Director or designee will render a
written decision letter to the aggrieved employee(s) and the Union within 10
calendar days after the meeting.
Step 4.
If the grievance is not satisfactorily resolved in Step 3, the grievance may be
referred to arbitration as provided in Article 44 - Arbitration. Only the Union or
the Department can refer a grievance to arbitration.
Note 1: For Veterans Canteen Service (VCS) employees, Step 2 will be eliminated
at those facilities where two levels of supervision are not present. In Step 3, the
VCS Regional Manager, or their designee, will be the deciding ocial. The meeting
will be at the duty station of the aggrieved employee and with an ocial higher than
the Canteen Chief. By mutual agreement, the parties to the grievance may agree to
teleconference the grievance meeting.
Note 2: For National Cemetery Administration (NCA) employees, where there are
two levels of supervision, Step 1 will be the immediate supervisor. Step 2 will be
an Assistant Cemetery Director where one exists and Step 3 will be the Cemetery
Director. Where there is only one level of supervision, Step 1 will be the Cemetery
Director and Step 1 time limits will apply; Step 2 will be eliminated and Step 3 will be
the MSN Director or designee.
Note 3: For VA Headquarters unit employees, the ocials listed below will replace
those mentioned in the respective steps. If the local union requests, the Department
shall advise the local union of the proper recipient of the grievance at each step.
Step 1 - Immediate supervisor
Step 2 - Service Director (or equivalent), or designee
Step 3 - Administration or Sta Oce Head, or designee.
Note 4: At any step of the negotiated grievance procedure, when any management
deciding ocial designates someone to act on their behalf, that designee will have the
complete authority to render a decision at that step and will render the decision. The
designee will never be someone who decided the issue at any previous step.
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Note 5: It is agreed that grievances should normally be resolved at the lowest level
possible. However, there will be times when a grievance may be more appropriately
initiated at the second or third step of the procedure, for example, when a disciplinary
action is taken by a Service Chief or higher level, when the supervisor at the lower
level clearly has no authority to resolve the issue, or when the Union grieves an action
of a management ocial other than a Step 1 supervisor. When a grievance is initiated
at a higher step, the time limits of Step 1 will apply.
Note 6: Grievances over actions taken by VA Headquarters ocials against eld
station employees may be grieved directly to arbitration in accordance with Article
44 - Arbitration. The request for arbitration in such cases should be made by the local
union President or designee to the facility Director, clearly setting forth the basis for
the grievance and the corrective action being requested. The parties may coordinate
an eort for informal resolution prior to the actual arbitration.
Note 7: Local management-initiated grievances shall be led with the local union
president or designee and shall constitute Step 3 of the negotiated grievance procedure.
Such grievance must be led within 30 calendar days of the act or occurrence or
when the Department became aware of, or should have become aware of, the act or
occurrence. The time limits for the meeting and response will be 14 calendar days.
Note 8: The Union shall be provided a copy of all employee-led grievances at all
steps and all responses to those grievances. Copies of such grievances must be
provided to the Union as soon as practicable, no later than two workdays after receipt.
Copies of grievance responses must be provided to the Union when they are issued.
When a grievance has been led, the Department shall not discuss the grievance with
the grievant unless the Union is given notice and an opportunity to be present. Any
resolution of a grievance must be consistent with and not conict with the terms of a
collective bargaining agreement.
Section 8 - Extensions
Time limits at any step of the grievance procedure may be extended by mutual
consent of all parties.
Section 9 - Failure to Respond in Timely Manner
Should the Department fail to comply with the time limits at any step in Section 7
above, the grievance may be advanced to the next step.
Section 10 - Multiple Grievances
Multiple grievances over the same issue may be initiated as either a group grievance
or as single grievances at any time during the time limits of Step 1. Grievances may
be combined and decided as a single grievance at the later steps of the grievance
procedure by mutual consent.
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Section 11 - National Level Grievances
A national level grievance is one that is led by the Union or by the Department.
Grievances between the Department and the Union at the national level shall be led
by the aggrieved party as follows:
A. Within 30 calendar days of the act or occurrence or within 30 days of the
date the party became aware or should have become aware of the act or
occurrence or at any time if the act or occurrence is continuing, the aggrieved
party (the Department or the Union) may le a written grievance with the other.
B. Upon receipt of a grievance, the parties will communicate with each other in
an attempt to resolve the grievance. A nal written decision, including any
position on grievability or arbitrability, must be rendered by the respondent
within 45 days of receipt of the grievance. If a decision is not issued in 45
days, or if the grieving party is dissatised with the decision, the grieving
party may proceed to arbitration in accordance with Article 44 - Arbitration.
The time limits may be extended by mutual agreement.
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ARTICLE 44 - ARBITRATION
Section 1 - Notice to Invoke Arbitration
Only the Union or the Department may refer to arbitration any grievance that remains
unresolved after the nal step under the procedures of Article 43 - Grievance
Procedures. A notice to invoke arbitration shall be made in writing to the opposite
party within 30 calendar days after receipt of the written decision rendered in the nal
step of the grievance procedure.
Section 2 - Arbitration Procedure
A. On or after the date of the notice to invoke arbitration, the moving party will
request the Federal Mediation and Conciliation Service (FMCS) to provide
a list of seven impartial persons to act as an arbitrator. The parties shall
meet within 10 calendar days after receipt of such list to select an arbitrator
(this may be done by telephone for national level grievances). If the parties
cannot mutually agree on one of the listed arbitrators, then the Department
and the Union will alternatively strike one potential arbitrator’s name from
the list of seven and will then repeat this procedure until one name remains.
The remaining person shall be the duly selected arbitrator. The parties will
choose lots to determine who strikes the rst name. Following the selection,
the moving party will, within 14 calendar days, notify the FMCS of the name
of the arbitrator selected. A copy of the notication will be served on the other
party. The time limits may be extended by mutual consent.
B. The arbitration hearing date must be scheduled (not held) within six months
from the date the arbitrator was selected or the grievance will be considered
terminated. An exception to this time period will be made by mutual consent
to extend the timeframes. Additionally, an exception will be made for
inability on the part of the arbitrator to provide a hearing date. Should the
Department refuse to participate in scheduling the arbitration within the
time frames set forth in this article, the Union may unilaterally schedule the
arbitration hearing date.
C. The procedures used to conduct an arbitration hearing shall be determined
by the arbitrator. Both parties shall be entitled to call and cross-examine
witnesses before the arbitrator. All witnesses necessary for the arbitration
will be on duty time if otherwise in a duty status. On sucient advance
notice from the Union, the Department will rearrange necessary witnesses’
schedules and place them on duty during the arbitration hearing whenever
practical. Such schedule changes may be made without regard to contract
provisions on Article 21 - Hours of Duty. A reasonable amount of preparation
time for arbitration will be granted in accordance with the provisions of Article
48 - Ocial Time and local supplemental agreements.
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D. The arbitrator’s fees and expenses shall be borne equally by the parties. If
either party requests a transcript, that party will bear the entire cost of such
transcript.
E. For single station local grievances, the site normally will be the facility
where the grievance exists. At the local union’s request, another site may
be designated upon mutual agreement. If another site is used, the local
union will pay the cost of the site. For grievances at the national level, the
Department and the NVAC President will communicate to work out a mutually
agreeable site for the arbitration.
F. The parties will attempt to submit a joint statement of the issue or issues
to the arbitrator. If the parties fail to agree on a joint submission, each shall
make a separate submission. The arbitrator shall determine the issue or
issues to be heard.
G. The arbitrator’s decision shall be nal and binding. However, either party may
le an exception to the arbitrator’s award in accordance with applicable law
and regulations. The arbitrator will be requested to render a decision within
60 days. Any dispute over the interpretation of an arbitrator’s award shall be
returned to the arbitrator for settlement, including remanded awards.
H. An arbitrator’s award shall have only local application unless it was a national
level grievance or the matter was elevated to the national level. Where it is
mutually agreed between the NVAC President and the Department within
30 days after a local union has led a notice for arbitration, an arbitration
dispute will be elevated to the national level. The arbitrator has full authority
to award appropriate remedies including reasonable legal fees pursuant to
the provisions of Section 702 of the Civil Service Reform Act, in any case in
which it is warranted.
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ARTICLE 45 - DUES WITHHOLDING
Section 1 - Eligibility - Bargaining Unit Employees
Any bargaining unit employee may have dues deducted through payroll deductions.
Such deductions will be discontinued only when the employee leaves the unit of
recognition, ceases to be a member in good standing of AFGE, or submits a timely
revocation form under the procedures of this article.
Section 2 - Union Responsibilities for Bargaining Unit Employees
A. The Union agrees to inform the Department, in writing, of the following:
1. The dues amount(s) or changes in the dues amount(s);
2. The names of the local union ocials responsible for certifying each
employee’s authorization form, the amount of dues to be withheld, and
changes in allotments; and,
3. The name and address of the payee to whom the remittance should be made.
B. The local union agrees to promptly forward completed and certied form(s) to
the appropriate administrative oce.
Section 3 - Department Responsibilities for Bargaining Unit Employees
A. It is the responsibility of the Department to:
1. Process voluntary allotments of dues in accordance with this article and in
amounts certied by the local union;
2. Withhold employee dues on a bi-weekly basis;
3. Transmit remittance to the local allottee designated by the Union in
accordance with this article, as expeditiously as possible at the end of
each pay period, together with two copies of a listing containing the
following information:
a. The name of the employee and the anniversary date of the eective
date of the dues withholding; and,
b. Identication of active employees for whom allotments have been
temporarily stopped and identication of those which are a nal
deduction because of termination.
B. Electronic transfer of funds is authorized for the transmittal of Union dues.
Local unions who use this option shall continue to receive a hard copy of the
current membership listing, dues deductions, and anniversary date each pay
period.
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C. The Department will ensure that bargaining unit employees on dues
withholding, who are reassigned from one VA facility to another but remain in
the consolidated unit of recognition will continue on dues withholding. Upon
arrival at the new station, the dues withholding will be remitted to the new
local at the receiving station at the rate being withheld in the prior station until
the appropriate oce at the new station receives a notication of a change of
rate from the designated local union ocial as described in the Section 2.
D. In the event of a transfer or reassignment of a dues-paying member of the
nationwide bargaining unit, within two weeks of entrance on duty (EOD)
date, the Department will inform the receiving local union in writing of that
employee’s arrival and prior station.
E. The Department agrees to withhold the union dues from a back pay award
granted to an employee who was terminated and was on dues withholding at
the time of a termination. The amount withheld from the back pay award will
be calculated from the date of termination until the next anniversary date for
dues withholding consistent with Section 6 of this article, unless the employee
agrees in writing to authorize the dues withholding for the full period of
termination. This authorization must be received before payment of the back
pay award to the employee.
F. The Department agrees to withhold union dues from a back pay award to an
employee who was on dues withholding at the time of a suspension.
Section 4 - Procedures for Withholding for Bargaining Unit Employees
Bargaining unit members wishing to have their dues withheld by payroll deduction
will submit their completed SF-1187 to the local union-designated ocials. These
ocials will certify the form and include the amount of dues to be withheld. The
certied SF-1187 will be forwarded to the appropriate administrative oce for
processing. The deduction will become eective at the beginning of the rst pay
period that begins three or more workdays after the SF-1187 was submitted to the
appropriate administrative oce. Questions concerning whether an employee is in
the unit of recognition and eligible for payroll deduction of union dues as a bargaining
unit employee will be resolved through consultations between the Human Resource
Manager or designee and local union ocials and/or through a unit clarication
petition. In the event a clarication of unit petition is led, the employee’s dues will be
withheld pending a decision on the petition.
Section 5 - Changes in Dues Amount for Bargaining Unit Employees
At any time there is a change in dues structure, the local will send a memorandum
to the appropriate Department ocial noting the amount of the change. The new
amounts will be deducted starting the next pay period following receipt by the
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appropriate administrative oce at least three workdays prior to the beginning of that
pay period unless a later date is specied. The memorandum must be signed by one
of the local union ocials designated to certify dues withholding forms.
Section 6 - Revocation for Bargaining Unit Employees
A. The local union is the authorized party that may provide an SF-1188, and
must provide it to a union member upon request. The SF-1188 is also
available on the OPM website. An employee may revoke dues withholding
only once a year, by submitting a timely SF-1188 to the local union
representative designated for such purpose. In order for the SF-1188 to be
timely, it must be submitted to the local union during the 10 calendar days
ending on the anniversary date of their original allotment. The local union
representative must certify by date and signature the date the SF-1188 is
given to the local union representative or by some other appropriate date
stamping device.
B. The local union ocial will, by reference to the remittance listing, determine
the anniversary date of the allotment. The ending date of the pay period in
which the anniversary date occurs will be entered in Item 6 on the SF-1188.
The entry will be initiated by the local union ocial, who will then deliver the
form to the appropriate administrative oce prior to the close of business of
the Friday following the date entered in Item 6. If, through error of the Union,
an SF-1188 is received in the appropriate administrative oce later than the
agreed-to date, the administrative oce will process the form at the earliest
possible time, but no later than the rst pay period following receipt. Local
union representatives will be on ocial time while receiving and processing
the SF-1188.
Section 7 - Continuation of Dues for Bargaining Unit Employees
A. When an employee is detailed or temporarily promoted out of the bargaining
unit, local union dues withholding will restart automatically when the
employee returns to the bargaining unit.
B. When an employee is detailed or by other personnel action placed in
a bargaining unit position, the employee shall have all the rights of the
bargaining unit, including the right of dues withholding.
C. Any time Department ocials request the appropriate administrative oce
in writing to discontinue an employee’s dues withholdings because the
employee has left the unit of recognition (e.g., promotion or reassignment),
a copy of such request shall be provided to the local union. Where a dispute
arises over whether or not the person has left the unit, the procedures
outlined in Section 4 will be used.
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Section 8 - Position Determination
When there is a dispute regarding a position being in or out of the bargaining unit that
aects an employee who is on dues withholding, then the employee will remain on
dues withholding. The parties will discuss the issue until a decision is reached, either
through mutual agreement or the formal clarication of unit petition process.
Section 9 - Costs
All payroll deductions and transmittals will be made at no cost to the Union.
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ARTICLE 46 - LOCAL SUPPLEMENT
Section 1 - General
Contract provisions contained in Local Contracts/Supplements in existence prior to
the Master Agreement will continue in eect insofar as they do not conict with the
Master Agreement. Whenever any subject is addressed in the Master Agreement, the
terms of the Master Agreement shall prevail over the provisions of the Local Agreement
concerning the same subject. Recognizing that the Master Agreement cannot cover all
aspects or provide denitive language for local adaptability on each subject addressed,
it is understood that Local Supplements may include substantive bargaining on all
subjects covered in the Master Agreement so long as they do not conict, interfere
with, or impair implementation of the Master Agreement. However, matters that are
excluded from Local Supplemental bargaining will be identied within each article.
Section 2 - Procedures for Local Supplemental Agreement
A. The parties agree that any time after this Agreement has been in eect for 30
days, the parties, upon the request of either local party, may negotiate a Local
Supplement to this Master Agreement. The Local Supplemental Agreement
may cover all negotiable matters regarding conditions of employment insofar
as they do not conict with the Master Agreement as dened in Section 1.
The Local Supplement may include a provision for reopening. This is not
intended to preclude local bargaining of items that are not covered by the
Master Agreement, i.e., policies, procedures, and directives initiated at the
facility level or national level.
B. It is agreed that prior to implementation of any Local Supplement, the
respective parties shall forward their agreement to VA Headquarters and the
Union for review. The national parties shall review the Local Supplement
within 30 calendar days of its receipt. In the event either of the national
parties determines there exists a conict with the Master Agreement, they
shall forward a written document to the respective local union and the other
national party identifying the conict for resolution at the local level.
Section 3 - Ground Rules For Negotiating Local Supplemental
Agreements
In an eort to assist the local bargaining process, ground rules for bargaining Local
Supplemental Agreements will include, but not be limited to, the following:
A. Upon mutual agreement of the parties, bargaining over local supplements
will be held utilizing an interest-based-bargaining (IBB) process. However,
prior to initiating IBB, all bargaining team members must be trained in the
IBB process. In the event the parties fail to mutually agree to utilize IBB,
traditional bargaining will be used.
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B. The parties agree to establish a local negotiating committee consisting of an
equal number of representatives of the local union and Department. Each
party shall be represented by a Chief Negotiator. The parties further agree
that all members of the Local Negotiating Committee will have the requisite
authority to negotiate on behalf of their respective party. The negotiation
process is the establishment of ground rules, face-to-face bargaining,
preparation, facilitation, approved travel time, mediation, impasse, and
third-party proceedings. The parties agree that all local union members of
the negotiating committee will be on ocial time for the previously described
negotiation process. Employee participation in this process will not in any way
adversely aect their performance nor will they be held accountable for their
full range of duties in addition to these activities. Neither party waives any
legal rights.
C. Each Chief Negotiator may approve attendance of alternates at Local
Negotiating Committee sessions. The alternate will have the full rights,
responsibilities, and authority of the Local Negotiating Committee member for
whom they are substituting.
D. The Department agrees to pay the travel and per diem for all local members
of the Local Negotiating Committee pursuant to the Federal Travel
Regulations.
E. The Local Negotiating Committee will establish its bargaining schedule. The
Department will ensure the availability of all Local Negotiating Committee
team members
F. In the event either party desires a facilitator, the parties must mutually agree
upon the individual to serve as facilitator. When IBB is used, a facilitator will
be used.
G. If the Local Negotiating Committee has not reached agreement on a Local
Supplement at the conclusion of the bargaining schedule, either party may
use ADR or other methods, or elect to initiate impasse procedures. Moreover,
neither party waives any rights regarding statutory impasse procedures.
H. The parties agree that it is appropriate in establishing ground rules to include,
among other things, physical location of bargaining, caucuses, subject matter
experts, start date, ocial time, prep time, observers, IBB or traditional
bargaining, number of people on each team, and administrative matters and
materials.
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ARTICLE 47 - MID-TERM BARGAINING
Section 1 - General
A. The purpose of this article is to establish a complete and orderly process to
govern mid-term negotiations at all levels. The parties are encouraged to use
an IBB approach in all mid-term negotiations and will ensure that negotiators
are trained in this approach prior to the inception of bargaining.
B. Recognizing that the Master Agreement cannot cover all aspects or provide
denitive language on each subject addressed, it is understood that mid-term
agreements at all levels may include substantive bargaining on all subjects
covered in the Master Agreement, so long as they do not conict, interfere
with, or impair implementation of the Master Agreement. However, matters
that are excluded from mid-term bargaining will be identied within each
article.
C. As appropriate, the Union may initiate mid-term bargaining at all levels on
matters aecting the working conditions of bargaining unit employees.
Section 2 - National
A. The Department will forward all proposed changes for which there is a
bargaining obligation to the President of the NVAC or designee(s) along with
copies of all necessary and relevant documents relied upon. When a new
law is enacted and the Department decides not to issue a national policy, the
Union will be notied prior to implementation.
B. If either party initiates a demand to bargain, briengs will occur within
20 workdays of the demand to bargain. Proposals will be submitted 20
workdays after the brieng. Any Union demand to bargain must be received
by the designated Department ocial within 20 workdays from the date the
NVAC President or designee receives the proposed change. The date of
receipt shall be documented on a simple form agreed upon by both parties.
Extensions or reductions of the 20 workday time period will be by mutual
agreement.
C. The Department’s bargaining obligation is triggered when the Union submits
a bargaining demand. When the Union’s bargaining demand is submitted,
the parties will discuss the proposed change and share their interests and
concerns.
D. The parties may rst attempt to reach agreement by con
ducting telephone
negotiations. In addition the parties will meet face-to-face quarterly.
Such negotiations should normally begin no later than 10 workdays after the
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Department chairperson receives the Union’s demand to bargain.
Telephone negotiations shall normally be for up to three hours per day,
commencing at a mutually agreeable time on consecutive days unless
concluded sooner.
E. If the parties are unable to reach agreement, negotiations will normally
proceed to face-to-face bargaining. When traditional bargaining is used, the
Union’s written proposal(s) will be submitted prior to bargaining. The parties
retain the right to modify, withdraw, or add to any interests, concerns, or
proposals they may have discussed or exchanged earlier.
F. Bargaining sessions will be for 8-1/2 hour days at mutually agreeable times
which include a break for lunch. However, the parties, by mutual agreement,
may extend or shorten such bargaining sessions as necessary. The parties
agree to utilize ADR mechanisms, as appropriate, without waiving either
party’s statutory rights.
G. Each party may have up to four negotiators which by mutual agreement
may be increased based on the complexity and/or number of issues to be
negotiated. The parties will exchange the names of the bargaining team
members for the specic issue(s) to be negotiated. This does not preclude
the attendance of experts by mutual consent of the parties. Travel and
per diem will be paid by the Department pursuant to the Federal Travel
Regulations for bargaining team members. These members will be allowed
ocial time to complete the bargaining obligation. An automated data base
for existing and future memorandums of understanding will be established
and maintained by the Department. This data base will be made accessible to
both the national and local Union ocials.
Section 3 - Intermediate
The President of the NVAC or designee will provide the names of the bargaining team
members for the specic issue(s) to be negotiated when the Union delegates national
bargaining to the intermediate level. Ground rules for intermediate bargaining shall be
established by the parties at that level.
The parties will make every eort to use bargaining team members from the
geographic area of concern with travel and per diem for team members being paid by
the Department.
Section 4 - Local
A. On all policies and directives or other changes for which the Department
meets its bargaining obligation at the national level, appropriate local
bargaining shall take place at individual facilities and may include substantive
bargaining that does not conict with negotiated national policy and
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agreements. Upon request, the Union will be briefed on the proposed subject
prior to the demand to bargain.
B. Proposed changes in personnel policies, practices, or working conditions
aecting the interests of one local union shall require notice to the President
of that local. Proposed changes in personnel policies, practices, or working
conditions aecting the interests of two or more local unions within a facility
shall require notice to a party designated by the NVAC President with a copy
to the aected local unions.
C. Upon request, the parties will negotiate as appropriate. The Union
representative shall receive ocial time for all time spent in negotiations as
provided under 5 USC 7131(a).
D. Ground Rules for local bargaining shall be established by the parties at the
local level.
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236 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 48 - OFFICIAL TIME
Section 1 - Purpose
A. Ocial time as a necessary part of collective bargaining and related activities
is in the public interest. The parties recognize that good communications
are vital to positive and constructive relationships between the Union and
the Department. These communications should facilitate and encourage the
amicable settlement of disputes between employees and the Department
involving conditions of employment and should contribute to the eective
and ecient conduct of public business. They further recognize that this
consolidated unit is very large and complex and requires Union coordination
of its representational activities at several levels.
B. As provided in 5 USC 7131, ocial time shall be granted as specied in
law and in any additional amount the Department and the Union agree to
be reasonable, necessary, and in the public interest. Ocial time shall be
granted for activities as specied in law and in amounts specied by this
Agreement or otherwise negotiated. Ocial time shall be used for:
1. Handling grievances and other complaints;
2. Handling other representational functions; or,
3. Engaging in appropriate lobbying functions.
Section 2 - Designated Union Ocials/Representatives
A. Ocial time in the following amounts is authorized for each of these Union
ocials:
1. National VA Council President - 100%
2. Three National VA Council Executive Vice Presidents - 100%
3. National Treasurer - 50%
4. Fifteen District Representatives - 50%
5. Twelve Appointed National Representatives - 50%
6. Five Appointed National Safety and Health Representatives - 50%
These national Union representatives may designate a Union representative at their
home station and transfer unused ocial time to that representative to perform the
duties of the position for which ocial time is authorized.
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B. When the Union assigns individual(s) who are not subject to a national or
local 100% ocial time allocation to participate on a national task force
or committee, the Department will aord such individual(s) ocial time for
preparation, travel, and participation related to such assignment. VA Central
Oce (VACO) LMR will work with local facilities to obtain the time as needed.
This time will come from the bank of hours described below, if the employee
is not otherwise on 100% ocial time. Should the bank of hours become
unavailable, the Department will authorize the time to participate.
C. Two members of the VA Mid-Term Bargaining Committee and two members
of the VBA Mid-Term Bargaining Committee will be on 100% ocial time.
VACO LMR will work with local facilities to obtain the time as needed for three
other members of each committee, who will be allowed ocial time while
preparing for, traveling and participating in activities related to each mid-term
bargaining issue.
D. The Union will provide the Department with a listing of the National Union
Ocers, District Representatives, National Representatives, and National
Safety and Health Representatives so that each local facility may be
informed. The Union will also provide a timely notice of any change in
National Union representatives.
E. Travel and per diem is authorized for National Union Ocers, District
Representatives, National Representatives, and National Safety and Health
Representatives in connection with the semiannual meetings described
in Article 5 - Labor Management Committee. Travel and per diem is also
authorized as provided elsewhere in this Agreement or where otherwise
agreed to by the parties or where required by law, rule, or regulation.
F. When Union ocials visit a facility other than where they are employed for
the purpose of engaging in representational activities, they will notify the
Department prior to their visit. The Department will notify the Union of any
scheduling problems connected with the visit and the parties will attempt to
work out a suitable arrangement.
G. In addition to the above ocial time, the Union shall have a bank of
hours from which to draw in order to have subject matter experts,
administrative support during negotiations, support for national grievances,
labor-management collaboration support, special projects and Department
initiatives, etc. The President of the NVAC shall assign the time in no less
than one hour increments. There shall be a one-time 25,000 hours for the
rst calendar year in which this agreement is in eect. Any hours remaining
at the end of that calendar year shall carry-over until depleted. Prior to the
use of this ocial time, VACO LMR and the Union will develop a tracking
accountability system for the bank of hours within 30 days after the eective
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date of this Master Agreement. VACO LMR and the NVAC President may
arrange for additional hours to be added to the bank after the rst contract
year.
Section 3 - Accumulated Ocial Time
Ocial time authorized for National Union representatives may be used as needed;
however, upon request, the Union representatives will be advanced ocial time from
future time accrual for that leave year. Any time not used during any pay period will
be accumulated for the remainder of the leave year. Any time that was not used as
needed by the end of the leave year will not be carried over to the next leave year.
Section 4 - Additional Time Allotted
Time spent in connection with national bargaining and LMR Committee meetings shall
not be charged against other ocial time allotted.
Section 5 - Travel to Other Locations
A. Once ocial time is authorized for a specic function that requires travel
outside a Union representative’s duty station, the representatives will be
permitted to leave the facility to discharge their functions after notifying their
respective supervisor of their destination, expected return date/time, and the
category of representational activity involved. The categories are:
1. Negotiation of term collective bargaining agreements;
2. Negotiating changes to conditions of employment;
3. Dispute resolution; and/or,
4. General labor-management relations.
B. Where travel to another location within the jurisdiction of a local union is
necessary for representational activities consistent with the provisions of this
Agreement, and the transportation is otherwise being provided to the location
for ocial business, the Union will be allowed access to the transportation on
a space-available basis and also authorized ocial time for travel. Personal
transportation expenses (POV, mileage, etc.) will be reimbursed to the extent
permitted by Federal Travel Regulations.
Section 6 - Other Activities
A. For the following matters, union representatives will be on ocial time:
1. All activities related to Labor-Management Committees (Forums);
2. Quality Program;
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This ocial time will not be counted against any allocated ocial time as described in
this agreement.
B. A union ocial who is designated as an employee’s personal representative
will be on duty time when preparing or presenting appeals to the MSPB and
handling discrimination claims under EEOC procedures.
Section 7 - Performance Evaluation
The use of ocial time, in accordance with this Agreement, will not adversely aect an
employee’s performance evaluation.
Section 8 - Substitutions
The Union may substitute a retired VA employee for the designees at national LMR
meetings or Department initiatives. The Department will provide travel and per diem,
in advance, for that retired employee if they do not have a Department-issued credit
card.
Section 9 - Allegations of Abuse
Alleged abuses of ocial time shall be brought to the attention of an appropriate
Union ocial and to an appropriate Department ocial on a timely basis by
supervisors and Department ocials. The Department ocial will then discuss the
matter with the Local or NVAC president as appropriate.
Section 10 - Local
A. Every local union will receive an allotment of hours equal to 4.25 hours per
year for each bargaining unit position represented by that local union. Each
VHA and VBA local union is entitled to a minimum of 50% ocial time. Each
NCA local union is entitled to a minimum of 25% ocial time. Where a local
represents employees at a CBOC, Consolidated Mail Out Pharmacy (CMOP),
clinic, service center, or successor, at a duty station greater than 50 miles
from the facility, that local union will be allotted 25% ocial time at that duty
station.
B. There shall be no reduction in the ocial time allocation due to a merger.
When mergers occur, the ocial time carried over from the local union’s
allocation shall not be less than the combined total of the local union’s
allocation prior to the merger.
C. For local unions already above the minimum amount of ocial time described
above, existing local agreements and past practices regarding ocial time on the
eective date of this Master Agreement shall continue in full force and eect.
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1. Local unions that are above the 4.25 will not be able to receive an
increase in ocial time until the number of bargaining unit employees has
increased to the level where they are entitled to have an allocation equal
to the 4.25 per bargaining unit employee
2. Local unions that are below the 4.25 minimum shall receive their increase
in ocial time allocation no later than 60 days after this Agreement is
eective. The allocation shall be based on the number of bargaining unit
employees represented by the local union on the date this Agreement is
eective.
3. The calculation period to determine the number of bargaining unit
members represented by a local union is every six months after this
Agreement is in eect.
D. The minimum amounts of ocial time described in Paragraph A in this
Section are not intended to limit the amount of ocial time that can be
negotiated by the parties locally.
E. Where arrangements for transfers of ocial time among Union
representatives are not in eect, they can be negotiated locally.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 241
ARTICLE 49 - RIGHTS AND RESPONSIBILITIES
Section 1- Introduction
The Parties recognize that a new relationship between the Union and the Department
as full partners is essential for reforming the Department into an organization that
works more eciently and eectively and better serves customer needs, employees,
Union representatives, and the Department.
Section 2 - Rights and Responsibilities of the Parties
A. In all matters relating to personnel policies, practices, and other conditions
of employment, the parties will have due regard for the obligations imposed
by 5 USC Chapter 71 and this Agreement, and the maintenance of a
cooperative labor-management working relationship.
B. Each party shall recognize and meet with the designated representative(s)
of the other party at mutually agreeable times, dates, and places that are
reasonable and convenient.
C. The Department supports and will follow statutory and contractual
prohibitions against restraint, coercion, discrimination, or interference with
any Union representative or employee in the exercise of their rights.
Section 3 - Union Representation
The Union will be provided reasonable advance notice of, be given the opportunity
to be present at, and to participate in any formal discussion between one or more
representatives of the Department and one or more employees in the unit or their
representatives concerning any grievance, personnel policy or practice, or other
general condition of employment. The Union will also be allowed to be present and
represent a unit employee at any examination by a representative of the Department
in connection with an investigation if the employee reasonably believes that the
examination may result in disciplinary/adverse action/ major adverse action against
the employee and the employee requests representation.
Section 4 - Notication of Changes in Conditions of Employment
A. The Department shall provide reasonable advance notice to the appropriate
Union ocial(s) prior to changing conditions of employment of bargaining
unit employees. The Department agrees to forward, along with the notice,
a copy of any and all information and/or material relied upon to propose the
change(s) in conditions of employment. All notications shall be in writing
by U.S. mail, personal service, or electronically to the appropriate Union
ocial with sucient information to the Union for the purpose of exercising
its full rights to bargain. The Department will work with the Union to identify
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and provide specic training and equipment to address concerns related
to the use of technology, to include the sending and receiving of electronic
communications.
B. The Department will provide the Union specic training and equipment
to address concerns related to the sending and receiving of electronic
communications. This will include the following:
1. Use of technology;
2. The sending and receiving of encrypted and unencrypted electronic
communications;
3. Validating date send receipt;
4. E-signature date;
5. Read receipt; and,
6. Setting up printer capability(ies).
The parties agree that they will not utilize technological features that allow messages
to expire.
C. For the purposes of this section, the following denitions will apply:
1. Electronic Record means a record created, generated, sent,
communicated, received, or stored by electronic means.
2. Electronic Signature means an electronic sound, symbol, or process
attached to or logically associated with a record and executed by a
designated person with the intent to sign the record upon receipt.
D. The electronic record will be able to be retained, printed, accurately reect
the date, time and information set forth in the record when it was rst
generated, and must remain accessible for later reference for compliance
with this Agreement.
E. Each Union ocial/representative and current local union President or a local
union President upon assuming oce may designate Union representatives
to receive face-to-face training. Designated Union representatives may
request and receive additional training. U.S. Mail or personal service shall
be the method used by the parties as the form of communication until the
training has been successfully completed.
F. For the purposes of this section, signature or e-signature is considered the
time frame for receipt by either party.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 243
Section 5 - Information
If the Union makes a request under 5 USC 7114(b)(4), the Department agrees
to provide the Union, upon request, with information that is normally maintained,
reasonably available, and necessary for the Union to eectively fulll its
representational functions and responsibilities. This information will be provided to the
Union within a reasonable time and at no cost to the Union.
Section 6 - Notication of Union Ocials
The Union will annually provide the Department at each facility with an updated list
of the names, titles, and work telephone numbers of all Union ocials along with the
room/location of the Union oce and representatives as well as changes as they
occur. The Department agrees to disseminate the list to all bargaining unit employees
within 30 days after its receipt. The Department agrees to provide all new hires with a
copy of the list when they enter on duty.
Section 7 - Union-Employee Communication
The Department will not alter or censor the content of any direct communications
between the Union and employees. However, Department facilities may not be used
for posting or distribution of libelous or defamatory material directed at Department or
Union ocials or programs.
Section 8 - Surveys and Questionnaires
A. The Department will not communicate directly with bargaining unit employees
through verbal or written surveys and questionnaires regarding conditions
of employment without prior notication to the Union and bargaining where
appropriate. This includes all questionnaires and surveys from all other
agencies. Nothing in this section precludes the Union from the right to
bargain over conditions of employment under the 5 USC Chapter 71.
B. Participation in surveys will be voluntary, unless the parties agree to
require participation. Employees will be assured that their responses will
be condential and their anonymity protected, unless the parties agree
otherwise.
C. The results of surveys conducted by either party regarding conditions of
employment will be shared. If a third party conducts a survey and the results
are distributed to the Department, the results will be shared with the Union.
Section 9 - New Employee Orientation
The parties are encouraged to make a joint presentation to new employees to
orient them about the Department and the Union. If the Union desires to make a
presentation on its own, the Union will be aorded the opportunity to make a 30
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minute presentation during each orientation session for new employees. The Union
will be provided the same respect and dignity as other presenters and will not be
subjected to intimidation or censure. The Department will provide the Union with
notice of the date, time, and place of the orientation. The scheduled starting time
of the Union presentation will be a subject for local negotiations. The Union ocial
making the presentation will be allowed ocial time to make the presentation. This
ocial time will not be counted against any allocated ocial time as described in this
agreement. Stewards or Union ocers may introduce themselves to new employees
at the worksite and inform them of their availability for representation functions so long
as there is no undue disruption of work activities.
Section 10 - Voluntary Programs
The parties shall provide each other reasonable advance notice of the initiation or
discontinuance of all voluntary programs such as bond campaigns, blood programs,
fund drives, etc. When requested, appropriate bargaining will be held. The parties
agree that employee participation in the Combined Federal Campaign, blood donor
drives, bond campaigns and other worthy projects will be on a voluntary basis. This
does not preclude publicizing such projects and encouraging employees to contribute.
Section 11 - Exit
A. The local union will be on the clearance check list in use at each facility for
bargaining unit employees who are leaving employment at the facility.
B. All information from exit interviews shall be provided to the Union. This
information will be provided on a quarterly basis nationally, and if aggregated
on a local level (that is, ten or more employees’ data is collected), the local
union is also entitled to this specic information.
C. The Union will be provided a copy of Gains and Losses (G and L) for each
pay period for bargaining unit employees.
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ARTICLE 50 - SURVEILLANCE
A. The parties recognize that surveillance is conducted for safety and internal
security reasons.
B. If the Department uses “covert” or “hidden” electronic camera surveillances
during an investigation, the following shall apply if a disciplinary/adverse
action is proposed against an employee represented by the Union:
1. The Union will be given a copy of all relevant evidence collected;
2. The Union will be provided a copy of the pertinent video tapes; and,
3. The Union will be allowed to represent aected employees in any
subsequent discussions or proceedings involving them.
C. The local union is not precluded from any further negotiations on the impact
and implementation of covert or hidden electronic camera surveillances.
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246 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 51 - USE OF OFFICIAL FACILITIES
Section 1 - Union Oce Space
A. The Department recognizes the importance and value of the Union’s mission
and purpose. Accordingly, the Department agrees to furnish oce space to
the Union appropriate for carrying out its representational and partnership
duties in locations easily accessible to employees and private citizens and
of size, furnishings, and decor commensurate with other administrative
oces within the facility. Oce space shall be suciently private to ensure
condentiality to the maximum extent possible. The oce(s) shall be of
sucient size for necessary storage of condential materials.
B. Each oce shall be equipped with adequate telecommunication lines for
most advanced telecommunications technology used by the Department, fax,
and computer capabilities equal to those used in the top-level administrative
oces in the facility. The Department shall authorize and thereafter install or
permit the installation of private data lines (high speed internet) and private
phone lines.
C. The Department shall provide to National Union Ocers, District
Representatives, National Representatives, National Safety and Health
Representatives, and other Union representatives, separate space,
equipment, etc., as provided in this article.
Section 2 - Meeting Space
The Department will, on an as-needed basis, provide conference rooms as available
for discussions between employees and Union ocials. The Department will also
provide suitable space for regular Union meetings. The Union agrees to exercise
reasonable care in use of such space.
Section 3 - Telephone
The Department will make internal telephones and government long distance service
available to the Union for handling representational duties and conducting labor-
management relations. The Union will use government long distance service in a
reasonable, prudent, and cost-conscious manner.
Telephones provided to the Union shall have voice mail and speaker phone
capabilities for representational and labor-management activities. In no instance will
government long distance service be used for internal Union business.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 247
Section 4 - Equipment and Technology
A. The Department will provide to each Union oce the following:
1. Fax machine;
2. Personal computer with standard software, programs, and capabilities
compatible with the Department’s technology (examples of capabilities to
be included are the ability to write to storage media, to host net meetings,
and to run programs on storage media that contain audio and video les);
3. Color printer;
4. Remote access to the local area network (LAN);
5. Remote access to the Department intranet;
6. Access to e-mail, internet, intranet, and Departmental administrative
functions (such as mail distribution lists, employee time and leave menu,
etc.) in the Union oce;
7. Photocopier equal to administrative oce level in the Union oce and
access to high-volume production equipment in the facility;
8. Additional equipment may be negotiated locally;
9. Additional equipment can be provided consistent with VA Handbook 6500
and current MOU.
B. It is understood that technology is being provided with an expectation that
increased eciencies will be realized for both the Department and the Union.
It is expected that the Union will utilize such equipment and technology to
communicate with and receive notices from the Department as provided
elsewhere in this Agreement. The above list of equipment is not intended
to be all-inclusive. As new technology becomes available, equipment/
software/ programs used by administrative oce level ocials shall be made
available to the Union in a time frame consistent with availability with other
administrative oces. Within 90 days after receipt of technology or equipment,
the Department will work with the Union to identify and provide specic
training to address concerns related to the use of technology to include
security, reliability, and appropriateness of use. Nothing herein is intended to
impact or change the provisions of any other article in this Agreement.
C. Maintenance, shuttle service (where available), and other customary and
routine services and equipment, such as the telephone conferencing
(currently Veterans Aairs National Telecommunications System (VANTS))
shall be provided to the Union oce. Video conferencing/Live Meeting or
successor systems shall be provided to the NVAC President’s Oce. The
Department will make the public address system available to the Union for
appropriate use.
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D. The Department agrees to provide, if requested, a link to the AFGE National
Oce, Union, and local union websites on the LMR pages of both the
Department’s intranet and the internet sites.
Section 5 - Bulletin Boards
At each facility, the Union shall be provided bulletin boards in areas normally used
to communicate with employees. Numbers and location of bulletin boards will be
negotiated locally.
Section 6 - Interoce Mail System
The local and its representatives may use the interoce mail system for regular
representational communications (e.g., grievances, correspondence or memos to the
Department).
Section 7 - Metered Mail
Consistent with postal regulations, the Union shall have use of Department metered
mail limited to representational matters. Mass mailings are inappropriate under this
Section. Mass mailings by the Union on representational matters to the local unions
and other Union national representatives is appropriate.
Section 8 - Membership Drives
The Department agrees to provide adequate facilities for membership drives at
locations that will provide access to unit employees during break and lunch periods.
Detailed arrangements will be negotiated at the local level. At a minimum, the Union
will be given the use of facilities at least equal to that provided to other organizations/
vendors or Department sponsored functions. The Department agrees that the Union
may access employee meal or break areas during membership drives.
Section 9 - Personnel Regulations and Policies
A. The Department shall timely furnish the NVAC President and each local
union a bound copy of 5 USC, 38 USC, 5 CFR, and 38 CFR, and access to
or copies of Department Directives, Circulars, Handbooks, and equivalent
successor documents. These publications shall be updated when such
changes are reissued. Local Presidents will be advised of the Uniform
Resource Locator (URL) to obtain the same information annually and when
the URLs change.
B. The Department shall provide the local union access to or hard copies
of all labor management materials that do not constitute internal
labor-management guidance and that are currently provided to HR and LR at
each facility.
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C. The Union and each local union shall be provided access to or copies of, at
no charge, Department personnel manuals, including classication standards.
Section 10 - Transportation
A. Where travel to another location within the jurisdiction of a local union is
necessary for representational activities consistent with the provisions of
this Agreement, the local union will be provided transportation on a space-
available basis.
B. When a Union representative uses a POV because of the unavailability of a
government owned vehicle, travel reimbursement will be pursuant to travel
regulations if the activity is pre-approved.
C. Associated per diem and other matters concerning transportation are
appropriate subjects for local bargaining.
Section 11 - Literature
A. The Department will provide space for the purpose of distributing Union
material. The space will be in prominent locations as agreed upon locally.
B. The distribution of literature will be permitted provided it is done during non-
duty hours of the distributor and does not interfere with the mission of the
Department.
Section 12 - Access to Agreement
A. The Department will provide to each employee on duty as of the date of this
Agreement and to all unit employees entering on duty after that date at no
cost, booklet copies of this Agreement, printed in type that can be read easily.
B. The Department will initially provide the Council with 250 additional copies
and each local with 20 additional copies of the Agreement.
C. The Department will provide, at no cost to the Union, copies of supplemental
agreement(s) sucient to distribute to each employee in the unit covered by
the supplemental agreement(s).
D. The parties will survey the need to translate the Agreement into other
languages and take appropriate action.
E. The contract will be made available to employees on disc, compatible with
the Department’s computer system.
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F. The Department will provide sucient advance copies of this Agreement for
ratication purposes.
G. This Agreement will be made available online on VACO LMR website.
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ARTICLE 52 - TITLE 38 ADVANCEMENT
A. Compensation for all advancements will be made within two pay periods from
the eective date of the advancement.
B. Notice of decisions on advancement shall be communicated in writing within
10 workdays of the action taken.
C. Supervisors shall monitor and review performance in order to determine
progress or problems and to provide employees with information concerning
performance. Discussions about performance will be held as often as
needed, as determined by the employee and the supervisor.
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252 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 53 - CLINICAL RESEARCH
A. The parties recognize the benets of participation in clinical research
projects.
B. The Union will be notied prior to implementation of any clinical research that
impacts working conditions of bargaining unit employees.
C. Participation in research projects will be voluntary, consistent with sta rights/
policy and the Department’s right to assign work. Employees will receive
training and written instructions regarding the intent and requirements of the
research project prior to implementation.
D. Sta involved in clinical research may be recognized for their participation/
contribution to the project by the annual performance evaluation and other
means; for example, monetary awards, acknowledgment in papers.
TITTLE 38 | ARTICLE 53 - CLINICAL RESEARCH
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 253
ARTICLE 54 - TITLE 38 NURSE PAY/SURVEY
Section 1 - Nurse Pay Survey
A. The Union will have a mutually agreed upon representative on each Title 38
nurse pay survey team.
B. The selection of the discretionary facilities to be surveyed will be a subject for
partnership.
C. In accordance with 38 USC 7451 and Department regulations, Title 38
nurse pay surveys shall be limited to the labor market area or other areas as
authorized by regulations.
D. Surveys shall be done consistent with the provisions of 38 USC 7451 and
Department regulations.
E. In gathering data in accordance with 38 USC 7451, and wherever feasible,
survey data for Title 38 nurse pay surveys shall be collected based on on-site
visits.
Section 2 - Adjustments to Pay
A. In accordance with 38 USC 7451 and Department regulations, any
adjustments in Title 38 nurse pay shall be examined on an annual basis
whenever adjustments are made in General Schedule pay.
B. Whenever an adjustment in Title 38 nurse pay is delayed due to
administrative error, a nurse shall be retroactively compensated for any lost
salary.
Section 3 - Premium Pay
A. Evening - In accordance with 38 USC 7453(b), a nurse performing service,
any part of which is within the period beginning at 6 pm and ending at 6
am, shall receive additional pay for each hour of service at a rate equal to
10 percent of the nurse’s hourly rate of basic pay if at least four hours fall
between 6 pm and 6 am. When less than four hours fall between 6 pm and 6
am, the nurse shall be paid the dierential for each hour of service performed
between those hours.
B. Weekend - In accordance with 38 USC 7453(c), a nurse performing service,
any part of which is within the period commencing at midnight Friday and
ending at midnight Sunday, shall receive additional pay for each hour of
service at a rate equal to 25 percent of such nurse’s hourly rate of basic pay.
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C. Federal Holiday - In accordance with 38 USC 7453(d), a nurse performing
service on a holiday designated by Federal statute or Executive Order
shall receive for each hour of such service the nurse’s hourly rate of basic
pay, plus additional pay at a rate equal to such hourly rate of basic pay, for
that holiday service, including overtime service. Any service required to be
performed by a nurse on such a designated holiday shall be deemed to be a
minimum of two hours in duration.
D. Overtime - In accordance with 38 USC 7453(e)(l), a nurse performing
ocially ordered or approved hours in excess of 40 hours in an administrative
work week, or in excess of 8 hours in a day, shall receive overtime pay for
each hour of such additional service. The overtime rates shall be one and
one-half times such nurse’s hourly rate of basic pay. For further clarication,
see Article 21 - Hours of Work and Overtime (Alternative Work Schedules).
E. Compensatory Time - In accordance with 38 USC 7453(e)(3), compensatory
time o in lieu of pay for service performed under the overtime provisions of
Title 38 shall not be permitted unless voluntarily requested in writing by the
nurse in question.
F. On-Call Duty - In accordance with 38 USC 7453(h), a nurse who is ocially
scheduled to be on call outside such nurse’s regular hours or on a holiday
designated by Federal statute or Executive Order shall be paid for each hour
of such on-call duty, except for such time as such nurse may be called back
to work, at a rate equal to 10 percent of the hourly rate for overtime service
(i.e., 15 percent of the hourly rate of basic pay).
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ARTICLE 55 - VHA PHYSICIAN AND DENTIST PAY
Section 1 - General
A. Compensation is excluded from negotiation under 38 USC 7422. Physician
and dentist pay in the VHA is governed by Title 38 of the United States Code
and VA Handbook 5007, Part IX. The Handbook is available by accessing the
following link on the VA intranet and clicking on Directives and Handbooks:
http://vaww1.va.gov/ohrm/HRLibrary/HRLibrary.htm
B. The following language in Sections 2 through 3 is purely for informational
purposes and is not itself subject to collective bargaining or grievable under
the negotiated grievance procedure. The Secretary’s pay policies will control
this matter.
Section 2 - Denitions
For informational purposes the Department provides the following references
for denitions related to physician pay. It should be noted that the entirety of the
denitions are found in VA Handbook 5007 Part IX:
A. Aggregate Pay:
The sum of all payments made to a physician or dentist in a calendar year
exclusive of lump sum annual leave, reimbursement of travel, backpay, and
severance. Physicians and dentists appointed under 38 USC 7305, 7306,
7401(1), and 7405(a)(l)(A) may not be paid aggregate compensation in a
calendar year higher than the annual pay (excluding expenses) received by
the President of the United States.
B Annual Pay:
The sum of base pay rate and market pay. Annual pay is basic pay only for
purposes of computing:
1. Civil service retirement benets;
2. Lump sum annual leave payments;
3. Life insurance;
4. Thrift savings plan;
5. Work injury compensation claims;
6. Severance pay;
7. Recruitment;
8. Relocation;
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9. Retention incentives;
10. Continuation of pay; and,
11. Advances in pay.
C. Base and Longevity Pay:
A table consisting of 15 rates designated as steps 1 though 15. Physicians
and dentists advance on the table at the rate of one step for every two years
of VHA service.
D. Basic Pay:
The rate of pay xed by law or administrative action for the position held
by an employee before any deductions and exclusions of additional pay of
any kind (e.g., market pay, performance pay, recruitment incentive etc.) as
prescribed under 38 USC 7431. However, annual pay is basic pay only for
purposes of computing:
1. Civil service retirement benets;
2. Lump sum annual leave payments;
3. Life insurance;
4. Thrift savings plan;
5. Work injury compensation claims;
6. Severance pay;
7. Recruitment;
8. Relocation;
9. Retention incentives;
10. Continuation of pay; and,
11. Advances in pay.
E. Longevity Step Increase:
Advancement to the next higher step of the grade based upon completing the
required waiting period of two years (104 weeks) of creditable service,
F. Market Pay:
A component of basic pay intended to reect the recommitment and retention
needs for the specialty, or assignment of a particular VHA physician or
dentist.
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G. Performance Pay:
A component of compensation paid to recognize the achievement of specic
goals and performance objectives prescribed on a scal year basis by an
appropriate management ocial. Performance pay is paid as a lump sum.
H. Tier:
A level within the annual pay range for an assignment or specialty.
Section 3 - Pay Components
A. Base Pay:
The Longevity pay schedule contains 15 rates of base pay, designated
as steps 1 through 15. The rates of pay that correspond to each step are
published annually on the Labor-Management Relations web site. The
location is http://www1.va.gov/lmr/. The base pay rate payable to a physician
or dentist is determined by the number of total years of service the physician
or dentist has worked in VHA as reected by their VA service date. At the
same time as rates of basic pay are increased for a year under 5 USC 5303,
the Secretary shall increase the amount of base pay payable under this
subsection for that year by a percentage equal to the percentage by which
rates of basic pay are increased under such section for that year. Longevity
step increases (LSI) will be granted to physicians and dentists that are
receiving less than the maximum step (Step 15). If such an increase would
cause the employee’s annual pay (sum of base and market pay) to exceed
the amount of annual pay (excluding expenses) received by the President of
the United States as specied in 3 USC 102, the employee will only receive
the portion of the increase that does not exceed the annual limitation.
B. Eective Date:
Longevity step increases are eective on the rst day of the rst pay period
following completion of the required waiting period. When a step increase
is delayed beyond its proper eective date solely through an administrative
error or oversight, the step increase shall be made retroactively eective as
of the date it was properly due.
C. Market Pay:
Each VHA physician and dentist is eligible for market pay. Market pay is
intended to reect the recruitment and retention needs for the specialty or
assignment of a particular physician or dentist at a Department facility.
D. At least once every two years, the Secretary prescribes nationwide minimum
and maximum amounts of annual pay (base pay and market pay). These
amounts are published in the Federal Register for not less than 60 days prior
to the eective date. In determining pay ranges at least two or more national
surveys of pay for physicians and dentists are consulted. National surveys
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consulted include data that describes overall physician and dentist income by
specialization or assignment and benets in broad geographic scope. Annual
pay ranges approved by the Secretary are available on the Oce of Human
Resources Management (OHRM) web site, http://vaww1.va.gov/ohrm/
Classication/Classication.htm
E. For informational purposes, when the Department increases the nationwide
minimum and/or maximum amounts of annual pay under this paragraph,
physicians and dentists are not automatically entitled to a corresponding
increase in their individual annual pay rates. Only physicians and dentists whose
existing rate of annual pay falls below the newly prescribed nationwide minimum
for their designated pay range will automatically receive an increase in market
pay to make their annual pay rate equivalent to the new nationwide minimum.
F. There may be up to four tiers of annual pay for each specialty or assignment
for which a separate range of pay has been approved. Each tier reects
dierent professional responsibilities, professional achievements, or
administrative duties. The two tier denitions, that are typically designed for
bargaining unit positions for the annual pay ranges established for individual
clinical specialty schedules are as follows:
1. Tier 1 Sta
2. Tier 2 Service chiefs, section chiefs and other supervisors or program
managers.
G. Compensation Panels recommend the appropriate pay table, tier level and
market pay amount for individual physicians and dentists. The Compensation
Panel(s) are also responsible for evaluating the market pay and tier of each
physician and dentist under its jurisdiction at least once every 24 months and
at such other times deemed necessary by the appropriate Department ocial.
A change in duty basis (i.e., to/from full-time, part-time, or intermittent) will
also require a re-evaluation of the market pay and tier by the Compensation
Panel. Additionally, if it is anticipated that a change in assignment may result
in a market pay or tier change, the Compensation Panel must be consulted.
H. The Compensation Panel recommendations are taken into consideration by
the appropriate approving ocial. The approving ocial determines the amount
of market pay to be paid a physician or dentist after consideration of the range
and tier recommended by the Panel. The approving ocial’s decision is nal.
I. The Compensation Panel will recommend the following to the approving
ocial in regard to the pay for individual physicians or dentists:
1. The appropriate specialty or assignment pay schedule;
2. The appropriate tier for the physician or dentist using the tier denitions;
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3. A rate or an appropriate range of market pay for a physician or dentist,
considering the nationwide minimum and maximum amounts of annual
pay prescribed by the Secretary for the specialty or assignment.
J. Compensation Panels:
1. Composition of Panels - Each panel is comprised of at least three physicians
one of whom is designated as chairperson. Compensation Dentists Panels
are comprised of two dentists. Panel members must be in a tier equal to or
higher than the tier for which the physician or dentist is being considered.
a. Pursuant to 38 USC 7431(c)(4)(B)(iii):
“The Secretary should, to the extent practicable, ensure that a panel
or board consulted under this subparagraph includes physicians or
dentists (as applicable) who are practicing clinicians and who do not
hold management positions in the medical facility of the Department at
which the physician or dentist subject to the consultation is employed.”
b. When the Network Director or Facility Director solicits physicians to
serve on the Compensation Panel, the Director should also include
written notice for recommendations from the local union or VISN
labor-management forums.
c. Upon request, the local union will receive notication and information
on who currently serves on the local and network physician
Compensation Panels and the expected term.
d. If the Facility or Network Director denies a physician eligibility to be
a member based on the physician being a union representative, they
should do so in writing. The notice shall include the rationale.
2. At least once every 24 months, the market pay of each physician and
dentist is reviewed by the appropriate Compensation Panel in accordance
with the criteria noted in VHA Handbook 5007 and Title 38 such as:
a. Experience in assignment or specialty;
b. The need for the specialty;
c. Health care labor market for the specialty;
d. Board certications;
e. Accomplishments; etc.
3. Each physician and dentist will be provided a written notice of the results of
the review, even if the review does not result in a pay adjustment. The VA
Compensation Panel form VA 10-0432A will serve as the written notice.
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K. Reconsideration:
1. If a physician or dentist believes that their tier determination is
improper based on the nature of their assignment, the employee
may submit a request for reconsideration to the ocial that approved
the tier recommendation. The market pay amount authorized by the
approving ocial is a nal decision. However, employees may request
reconsideration of a tier determination.
2. The request for reconsideration must be submitted in writing within 30
days of the end of the pay period in which the notice was received. The
request must cite why the employee believes that their tier determination
is inappropriate. If the request is referred to a Compensation Panel,
the approving ocial will consider and record their decision and copy
the employee. If the approving ocial determines that review by the
Compensation Panel is not necessary, the employee will be notied of the
decision in writing.
L. Changes in Assignment:
1. Same facility or to a dierent facility:
If an assignment is involuntary, the Department may oer retention of
market pay if a reduction would be against equity and good conscience or
against the public interest.
2. Temporary Assignments and Details:
Pursuant to VHA Handbook 5007, individuals temporarily assigned
to a position with a dierent pay range or tier may receive a market
pay adjustment after serving in the assignment for 90 days or more.
Temporary assignments and details that result in a change in market pay
must be documented and may not result in a reduction of an individual’s
existing market pay rate. Upon termination of a temporary assignment or
detail, an individual’s market pay is returned to the amount payable prior
to the temporary assignment or detail.
M. Change in Duty Status:
When a physician converts from part-time to full-time, or from full-time to part-
time they will retain their step on the base and longevity pay scale. However,
the market pay and tier are re-evaluated by the Compensation Panel. The
employee who contemplates such voluntary decision shall have the right
to have a written advisory opinion from the Compensation Panel of the
possibility of such market reduction, prior to making this personnel decision.
N. Notice Requirements:
Physicians and dentists must be notied in writing when an involuntary
assignment in connection with a disciplinary action will result in a reduction in
market pay. The notice must be provided at least 30 days in advance of the
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 261
eective date of the reduction, and include the amount of the reduction, and
any appropriate appeal rights with regard to the new assignment. The local
union will be notied of any involuntary assignments as related to reduction of
market pay and local union representation.
O. Performance Pay:
Physicians and dentists must be advised of the specic goals and objectives
that will be measured in determining their eligibility for performance pay and
the maximum monetary value associated with those goals and objectives.
These goals and objectives and the maximum amount of performance pay
available in connection with achieving the specied goals and objectives
should be communicated by an appropriate Department ocial to the
individual physician or dentist within 90 days of the beginning of the scal
year. For the scal year that starts on October 1
st
, this date is July 3
rd
.
Physicians and Dentists hired after July 1
st
are not eligible for performance
pay per the Department’s regulations. The amount is determined solely at the
discretion of the approving ocial based on the achievement of the specied
goals and objectives and is paid annually as a lump sum. Performance
goals and objectives are generally developed locally and will dier from
performance standards used for the Executive Career Field or prociency
rating systems.
P. As related to their representational duties, required under 38 USC 7433(a),
the local union, upon request, will be forwarded copies of sanitized versions
of performance pay goals and objectives and associated pay amounts. For
informational purposes, performance pay for a physician is not construed
as “award” monies designated under Article 16 - Employee Awards and
Recognition.
Q. Title 38 employees covered by this chapter are entitled to back pay under this
chapter if an appropriate authority nds that an unjustied or unwarranted
personnel action resulted in the withdrawal, reduction or denial of all or a part
of pay, allowances or dierentials otherwise due the employee. This includes,
among other things, basic pay for physicians and dentists. Basic pay includes
the market pay component, additional pay, premium pay, leave, cost-of-living
allowances, and post dierentials. The appropriate authority is typically the
ocial having authority to approve the applicable personnel action. Network
Directors and VHA equivalents may authorize backpay for employees
occupying non-centralized positions in their organizations.
Section 4 - Labor Input into Biennial Review of Pay Ranges
In accordance with 38 USC 7431(e)(1)(A), the Secretary must prescribe minimum and
maximum amounts of annual pay for VHA physicians and dentists not less than every
two years. VHA will provide the Union with the data and other information prepared
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for the analysis of the biennial review which relates to the bargaining unit employees.
VHA will then facilitate a meeting with three designated representatives to solicit
timely comments and input regarding the physician and dentist pay system.
Section 5 - Availability of Data Regarding VHA Physician and Dentist
Average Salaries
Any data concerning bargaining unit physicians and dentists obtained by VHA
for general
distribution or posted on websites will also be made available to the
Union upon request.
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ARTICLE 56 - TITLE 38 HYBRIDS
Section 1 - General
The authority to promote and advance Title 38 Hybrid employees is subject to 38 USC
7403 and VA Handbook 5005.
Section 2 - Promotion and Reconsideration
A. The promotion eligibility and subsequent reconsideration process for hybrid
personnel appointed under 38 USC 7401(3) and 38 USC 7405(a)(1)(B) are
made under the Department’s promotion and reconsideration process under
VHA Handbook 5005 Part III, Chapter 4 and the provisions of 38 USC 7403.
The Department’s promotion and reconsideration process may be found at
http://vaww1.va.gov/ohrm/HRLibrary/Dir-Policy.htm.
Changes to this policy will be accomplished through collaboration pursuant to
38 USC 7403.
B. Promotion actions will be taken without regard to race, color, religion,
sex, national origin, disability, age, sexual orientation, labor aliation or
non-aliation, status as a parent, or any other non-merit factor, and shall be
based solely on job-related criteria.
C. Qualication standards for individuals appointed under 38 USC 7401(3) are
based primarily on the rank-in-person concept, where the combination of
individuals’ accomplishments, performance and qualications determine their
grade level. For positions above the full-performance level (journey level), the
complexity of the assignment and scope of responsibility are also considered
in establishing grade levels and must be completed 25% of the time or to the
extent required within the standard.
D. The Department will issue copies of their respective occupation qualication
standards to hybrid employees at the time of initial appointment and at the
time of a newly published standard. The local union will receive written copies
of:
1. A current and/or revised published copy of a qualication standard;
2. The Professional Standards Board organizational location; and,
3. Copies of the Department’s full performance level for all respective hybrid
occupations.
Sections 3, 4, 5, and 6 below are portions of VA Handbook 5005 and are
provided for informational purposes.
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Section 3 - Promotion Eligibility At and Below the Full Performance Level
A. For occupations covered by these guidelines, the full performance (journey)
level may vary depending on the complexities of the assignment or the
competencies possessed by the individual and are not dependent on the
entry level grade of the occupation. In this rank-in-person system, the
promotion potential of positions may not be limited to grades below the full
performance level as identied in the qualication standard. This is also
called the journey level. All individuals who perform successfully and acquire
the required competencies may progress without competition to the full
performance level.
B. The employee shall be notied of the eligibility and be given 30 days to submit
to their supervisor a self-assessment of their qualications for promotion
consideration. Employees may also notify their supervisor in writing that they
are declining to submit a self-assessment during this 30 day period.
C. Upon receipt of the employee’s self-assessment, the supervisor will make
a recommendation on promotion that is to be acted upon by the approving
ocial within 30 days of the self-assessment being received. Promotions will
become eective on the rst day of the rst full pay period following approval
by the second level supervisor. In no case will the promotion be eected later
than the rst day of the rst full pay period commencing 60 days after the
employee’s anniversary date. Employees who have not demonstrated such
capability will be informed in writing by the supervisor that they are not being
recommended for promotion. The written notice will state the reason(s) why
the employee does not meet the criteria for promotion.
D. If an employee will not be recommended to the Board for promotion, the
employee will be advised in writing which of the following aspects of the
specic occupation’s qualication standards are not met:
1. Year(s) of specialized experience at the lower grade;
2. As noted in the specic occupation’s qualication standard, if applicable,
the level of licensure, certication, and/or professional distinction
recognized by the occupation’s professional body.
In addition, the employee will be given a written explanation that details why
the employee is not considered to meet a criterion, and if appropriate, how
the employee can improve their likelihood of meeting it in the future.
E. It is understood the employee must also be performing at or above the fully
satisfactory level, consistent with Article 27 - Performance Appraisal.
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Section 4 - Promotion Eligibility Above the Full Performance Level
A. Employees who are eligible for promotion consideration to a grade
that requires a combination of personal qualications and assignment
characteristics are to be considered for promotion to such grades on
the rst anniversary date of their last promotion, provided they meet the
administrative requirements. In addition, employees who are selected
for assignments that warrant consideration for a higher grade based on
complexity will be considered for promotion on a date other than the
anniversary date of last promotion. The employee’s anniversary date is the
date of appointment or date of last promotion. If an employee is unable to
access their anniversary date by their respective service screen, it will be
provided to the employee in writing by the Department.
B. If an employee will not be recommended to the Board for promotion, the
employee will be advised in writing which of the following aspects of the
specic occupation’s qualication standards are not met:
1. Year(s) of specialized experience at the lower grade;
2. Delineation of duties;
3. As noted in the specic occupation’s qualication standard, if applicable,
the required level of licensure, certication, and/or professional distinction
recognized by the occupation’s professional body; or
4. Performance of grade controlling duties at least 25% of the time.
In addition, the employee will be given a written explanation that details why
the employee is not considered to meet a criterion, and if appropriate, how
the employee can improve their likelihood of meeting it in the future.
C. It is understood the employee must also be performing at or above the fully
satisfactory level, consistent with Article 27 - Performance Appraisal.
D. The Union and aected employees will be provided access to all materials
that describe how the criteria are to be applied. The Union will have access to
educational materials available to Professional Standards Board members.
E. When a revised qualication standard is implemented that gives a facility
discretion to ll or not ll a position(s) under position management, it shall
be done under the requirement to keep functional statements accurate
and in accordance with Article 23 – Title 5 Merit Promotion in which all
employees in the facility who are qualied for the position(s) will have equal
consideration for promotion. Furthermore, Union notication should occur
under Article 49 - Rights and Responsibilities when:
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1. The facility chooses to noncompetitively promote incumbents of positions
rather than post a vacancy; or,
2. The facility chooses to limit the number of positions to be lled compared
to those who are eligible and already performing grade controlling work,
which would result in breaking up grade controlling assignments.
Section 5 - Reconsideration Process
A. Notice of Decision - Employees are to be advised by their supervisors in
writing of any decision not to promote them, of the reason(s) for the decision,
of their right to request reconsideration, and that reconsideration must be
preceded by an informal discussion with their supervisor.
B. Reconsideration to Grades at or Below the Full Performance Level:
1. If promotion to a grade at or below the full performance level is involved,
the employee may, within 30 days of being notied of the decision,
submit a written request through the immediate supervisor to the second
level supervisor. The employee’s written request for reconsideration
must indicate when the informal discussion was held with the immediate
supervisor and cite the specic reason(s) why the employee believes the
decision was not proper. The approving ocial or designee may extend
the 30 day period at the written request of the employee if the employee
is unable to submit the information for reasons beyond the employee’s
control.
2. Second level supervisors are to review the employee’s request within 30
days and determine whether to promote the employee. If a second level
supervisor determines that a promotion is not warranted, the supervisor
will provide the reasons for this decision to the employee in writing.
3. If the employee is not satised with the explanation of the determination
to not promote, the employee can request within 30 days to have the
determination reviewed by the next higher level board. The employee’s
request for reconsideration and the supervisor’s explanation will be
forwarded to the higher level board within 30 days.
4. The higher level board will make a recommendation within 30 days to the
appropriate approving ocial, who will make a nal decision within 30
days.
5. If the promotion is approved, the employee is to be promoted on the rst
day of the rst pay period following a decision by the approving ocial.
In no case will the promotion be eected later than the rst day of the
rst full pay period commencing 180 days after the employee submits
a written request for reconsideration, unless the employee requested
an extension to the 30 day period to submit a written request for
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reconsideration. In such cases, the number of additional days taken by
the employee to submit a request will be added to the 180 day time limit.
If the promotion is denied, the employee will be provided with a copy of
the board action.
Section 6 - Reconsideration for Promotions to Grades Above the Full
Performance Level
A. An employee may submit a written request for reconsideration through the
supervisor to the next higher level Professional Standards Board for review
within 30 calendar days of the non- promotion decision. The approving
ocial or designee may extend the 30 day period at the written request
of the employee if the employee is unable to submit the information for
reasons beyond the employee’s control. The employee’s written request for
reconsideration must indicate when the informal discussion was held with
the immediate supervisor and cite the specic reason(s) why the employee
believes the decision was not proper. Supervisors are to review and comment
on the employee’s request in writing, and provide copies of those comments
to the employee within 30 days.
B. The appropriate Professional Standards Board will review the information
submitted by the employee, along with the supervisor’s comments, and
make a recommendation to the approving ocial within 30 days. Its
recommendation may be extended up to the number of days it took the
employee to provide the Board with the appropriate information. Upon
completing its review, the Professional Standards Board is to forward its
recommendation to the approving ocial for action.
C. Upon review of the reconsideration le, the approving ocial shall request
any additional information needed to make a decision. This includes, but is
not limited to, meeting with representatives of the Professional Standards
Board, the employee, and/or the employee’s supervisor prior to making a
decision under paragraph 1 or 2 below. The approving ocial shall then take
one of the following actions within 30 days:
1. Approve the employee’s promotion. Promotions will be made eective on
the rst day of the rst full pay period following approval. In no case will
the promotion be eected later than the rst day of the rst full pay period
commencing 120 days after the employee submits a written request for
reconsideration, unless the employee requested an extension of the 30
day period to submit a written request for reconsideration. In such cases
the number of additional days taken by the employee to submit a request
will be added to the 120 day time limit.
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2. Disapprove the promotion and notify the employee of the decision and the
reasons for it, in writing.
Section 7 - Eective Date
The promotion will be made eective by the Human Resources Management Ocer
on the rst day of the pay period following the date of approval of the promotion by
the approving ocial, but in no case earlier than the date on which all administrative
requirements are met. A promotion may also be made eective at a future date set by
the approving authority that does not violate law or negotiated agreement when doing
so would benet the employee. Promotion recommendations and actions that are
administratively delayed beyond the time limits specied in paragraphs above will be
made retroactively.
Section 8 - Professional Standards Boards
A. The employees selected for the initial Board will serve either a 1 year, 2 year,
or 3 year term. At the end of each of these initial terms, all new members will
be selected to serve a 2 year term. Thus, members will rotate o the Board
on a staggered basis and there will always be at least one member remaining
on the Board from the previous year. Any revisions to this procedure will be
accomplished through collaboration.
B. Professional Standards Board organizational location(s) (local, regional and
national), Board composition, and member training requirements are found in
VA Handbook 5005 Part II Chapter 3.
Section 9 - Vacancy Announcements
A. For the purposes of this Agreement, grades below the full performance level
are the Department established career ladders and pathways.
Announcements for vacancies at the full performance level and below must
span all grade levels in the qualication standards from the full performance
level to the entry level. The application of competitive procedures is made
for vacancies above the full performance level and must meet Article 23
– Title 5 Merit Promotion, Section 6 vacancy announcement information
and posting requirements. Additionally, the provisions of Article 23 – Title
5 Merit Promotion, Sections 11, 12 and 13 apply to this article. Vacancy
announcements and the auditing of promotion packages for Title 38 Hybrids
shall be controlled by Article 23 – Title 5 Merit Promotion.
B. Vacancy announcement(s) will not be posted until the Department assures
that they are appropriately authorized, properly described, and that the PD/
functional statement reects the appropriate assignment and qualication
for grade. Details, reassignments and temporary promotions of an employee
performing grade controlling duties above the full performance level (at least
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25% of their time) shall be done in accordance with Article 12 - Details and
Temporary Promotions and Article 13 - Reassignment, Shift Changes and
Relocations and the requirements of the Departments procedures for hybrid
employees. All employees’ who are qualied shall have equal access to
training opportunities for grade controlling work above the full performance
level. Title 38 Hybrid temporary promotions in excess of 120 calendar days
shall be made using competitive procedures.
Section 10 - Eligibility for Temporary Promotion, Detail, and
Reassignment
Consistent with Article 12 - Details and Temporary Promotions and Article 13 -
Reassignment, Shift Changes and Relocations, if an employee believes they are
performing work that warrants a promotion, the employee will provide as much
information as they are able to provide concerning their position or individual
qualications, to include, but not limited to, the changed duties as compared to
the employee’s qualication standards as the employee understands them, and
time spent in the assignment-driven work above the full performance level, when
the request for boarding is made. If the Department determines an employee is
not qualied or eligible for a detail, a reassignment, or recommendation to the
Professional Standards Board for consideration of temporary promotion, the
Department will inform the employee of the reason in writing, upon request. The
reason will include how the work does not match the qualication standard and
performance standards of the employee’s higher graded work above the full
performance level. Additionally, the employee and the Union will receive, upon
request, any instruction and/or other materials relied upon in the calculation method
of time requirements needed for grade-controlling work. The Union will receive
notication of the determination, when the Union represents the employee.
When the Department makes the determination not to ll a position above the
full performance level, via the Department’s position management authority, and
subsequently directs and assigns the employee above the full performance work (at
least 25% of time), the employee shall retain the right to request boarding for the time
assigned to the higher-graded duties.
Section 11 - Requesting Boarding
An employee may request boarding, and the Department will consider it, when the
employee believes the duties of the position have changed signicantly since any
previous boarding. The employee will provide as much information as they are able
to provide concerning those changes, to include but not limited to, the changed duties
as compared to the employee’s qualication standards as the employee understands
them, and time spent in the assignment driven work above the full performance level,
when the request for boarding is made.
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Section 12 - Training
Training availability will be made known to all similarly situated employees and
selections for training will be made fairly and equitably.
Section 13 - Position Descriptions/Functional Statements
A. At the time of initial assignment and upon request, employees will be
furnished a current, accurate copy of the description of the position to which
they are assigned. The PD/functional statement will have the date evaluated
and the signature of the supervisor. The option will be given to the employee
to sign the PD/functional statement upon receipt. The local union will be
provided the opportunity to review proposed changes in all PD/functional
statements and receive copies of updated PD/functional statements and
organizational charts.
B. Whenever possible, employees will be aorded the opportunity to assist in
the preparation of their PD/functional statements; however, supervisors and/
or managers are responsible for assigning work to positions and insuring they
are accurate. For positions which are identied in the Department’s career
ladders below the full performance level, a complete PD/functional statement
needs to be established only for the target, full performance position.
C. Copies of current PDs for bargaining unit positions will be provided to the
local union upon request. PD/functional statements will be kept current and
accurate, and positions will be graded properly. PD/functional statements
shall be subject to periodic review.
Section 14 - Erosion of Grade
A. Before the Department reduces the grade, the employee has the right to
discuss with their supervisor whether grade-controlling duties have changed
as reected in the nature of the assignment, either by erosion or planned
management action. During the discussion, the Department will identify for
the employee how the nature of the assignment is perceived to have changed
and how such change renders the employee’s grade inappropriate under the
applicable Secretary’s classication processes and standards.
B. The employee will be aorded the opportunity to describe and/or present
evidence showing what the job consisted of historically and how it changed or
remained the same, with respect to grade-controlling duties.
C. The employee will be advised in writing which of the following aspects of the
specic occupation’s qualication standards are not met:
1. Delineation of duties; or,
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2. Performance of grade-controlling duties at least 25% of the time.
D. An employee whose grade is reduced is entitled to grade and pay retention
under 5 CFR Part 536.
Section 15 - Special Salary Surveys at the National and Local Level
The Union will be involved predecisionally before the Department initiates a survey to
determine a special salary rate. The predecisional process will include all elements
related to the survey.
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272 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 57 - PHYSICAL STANDARDS BOARD
Section 1 - General
This Article applies only to Title 38 employees and is provided for informational
purposes only. The Physical Standards Board (PSB) process, and/or the examination
and evaluation process for Title 38 employees, is governed by 38 USC and VA
Handbook 5019.
In the event that the Department believes that a Title 38 employee is physically or
mentally incapable of performing their duties, the Department will give a specic
reason to the employee in writing. The employee shall be entitled to meet with the
recommending medical ocial and to provide any oral and written evidence from their
own physician/counselor before a recommendation is made. In any such meeting, the
employee is entitled to Union representation and shall be provided notication of such
entitlement.
Section 2 - Notication
When the Department orders or oers a medical examination under the provisions
of the prevailing regulations, it shall inform the employee in writing of its reasons for
ordering or oering the examination and the consequences of failure to cooperate.
The Department shall designate the examining physician but shall oer the employee
the opportunity to submit medical documentation from their personal physician which
the Department shall review and make part of the le.
Section 3 - Guidelines for Physicians
A. The Department shall provide the examining physician with a copy of any
approved medical evaluation protocol, applicable standards and requirements
of the position, and/or a detailed functional statement of the duties of the
position including critical elements, physical demands, and environmental
factors.
B. The Department shall order or oer a psychiatric evaluation to an
employee only when the employee rst provides results of a general
medical or psychiatric examination or the Department has rst conducted a
nonpsychiatric medical examination and, after review of the documentation
or examination report, the Department’s physician concurs that a psychiatric
evaluation is warranted for medical reasons.
C. All medical examinations ordered or oered pursuant to Paragraphs 3A and
3B in this section shall be at no cost to the employee and performed on duty
time at no charge to leave.
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D. An employee can be directed to undergo a tness for duty examination only
if the employee’s position is one that has established essential functions,
either mental or physical. Such essential functions must have wording to
clearly support them, by being objective. Essential functions are those that
are so fundamental to the position that a person cannot do the job without
performing them. A function is “essential” if, among other things, the position
exists specically to perform that function, there are a limited number of other
employees who could perform the function, or, the function is specialized and
the individual is hired based on their ability to perform them. Determination of
the essential functions of a position must be done on a case-by-case basis so
that it reects the job as actually performed, and not simply the components
of a generic PD.
E. When the Department orders a medical examination or questions an
employee or a potential employee’s abilities to meet a specic job
qualication, the Department will provide the essential functions of the
employee’s position to the examining physician (the Department’s or a private
physician). The Union shall receive answers on how the Department came
to the conclusions of the “essential functions”, both physical and mental, of a
specic PD or functional statement, upon request.
Section 4 - Procedures
In seeking a tness-for-duty examination which may or may not lead to a disability
application, the following rules and procedures shall apply:
A. In all discussions with any Department ocial, the employee shall be entitled
to Union representation. Prior to any discussion, the employee shall be
notied of this right, given an opportunity to contact and discuss the matter
with their Union representative, and permitted the right of representation in
such discussion.
B. During these procedures, the employee will be apprised of their rights and,
where supported by appropriate medical evidence, given the opportunity for
suitable interim adjustments in their work assignments.
C. When the results of the medical examination reveal that the employee:
1. Cannot satisfactorily perform useful and ecient service in their regularly
assigned job;
2. Retains the capacity to do other work at the same grade or pay level
within the work location or the commuting area; and,
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3. Otherwise meets the minimum qualications for an available position
that the Department seeks to ll; The Department will ordinarily oer the
employee a reassignment to this position.
D. When the Department determines that the medical evidence reveals:
1. The employee is totally disabled for service in their current position; and,
2. Reasonable accommodation for another position cannot be made,
The Department will so advise the employee and provide appropriate
counseling.
Section 5 - Appeals Procedure
Once any decision is made that removes an employee from their position or duties for
physical or mental inability to perform, the employee, consistent with Title 38, shall be
able to use the appropriate appeals procedure as listed in VA Handbook 5019, Part III.
When a disabled employee meets existing disability retirement requirements, the
Department will counsel the employee concerning disability retirement and explain the
procedures for voluntarily applying for disability retirement.
Section 6 - Counseling
A. When a disabled employee meets existing disability retirement requirements,
the Department will counsel them concerning disability retirement and explain
the procedure for voluntarily applying for disability retirement. In the event
that such an employee is unable to le on their own behalf, the Department
may initiate, with notice to the employee, an application for the employee in
accordance with applicable laws and regulations.
B. If the medical evidence and performance records establish that the employee
retains the capacity to perform satisfactorily in a vacant lower graded position
which the Department seeks to ll within the employee’s commuting area, the
employee will be informed of their option to request such a demotion.
Section 7 - Condentiality
Condentiality must be maintained throughout the review process. All records
pertaining to the employee’s examination and any subsequent personal information
included with an application for disability retirement are condential and may be
disclosed only to those with an administrative need to know or specically authorized
by the employee. There will be a written statement to the employee of any disclosure.
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ARTICLE 58 - PROFESSIONAL STANDARDS BOARD
A. The Union may submit names of candidates for Professional Standards
Boards. The Department will give serious consideration to appointing from
the candidates recommended by the Union.
B. Employees normally will be reviewed annually by the Professional Standards
Board.
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ARTICLE 59 - PROFICIENCY
A. The Department will involve employees actively in the promotion/evaluation
process. Employees will be notied 90 days prior to the due date for
prociency.
B. Employees will be given 60 days to provide information that will be used in
the prociency.
C. When employees meet time-in-grade requirements for promotion to the next
grade, the employee will be evaluated for promotion at the next scheduled
boarding.
D. Employees will receive current copies of criteria for promotion and special
advancement on initial employment. Employees will receive updated copies
of promotion and special advancement criteria when changes are made.
E. Where employees are not promoted, they will receive an explanation
regarding those specic elements in which they are decient.
F. Prociencies will be done timely to prevent delays in the boarding cycle.
Employees whose prociencies have been unduly delayed without good
cause will be made whole.
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ARTICLE 60 - TITLE 38 REPRESENTATION AT BOARDS OR
HEARINGS
A. The Union will be allowed to represent any unit employee at any hearing
before a Title 38 Disciplinary Board or whenever a probationary employee
appears before a Professional Standards Board in a termination proceeding.
A representative in a Professional Standards Board hearing may do those
things an employee is entitled to do under regulations.
B. If the employee does not choose to have Union representation, the Union
may be permitted to have an observer present at hearings described in
Paragraph A. The Union observer may attend the Professional Standards
Board hearing only during the employee’s presentation. Consistent with
applicable laws and regulations, Union representatives and observers must
protect the condentiality of any information to which they have access in
connection with a Board Hearing.
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ARTICLE 61 - TITLE 38 VACANCY ANNOUNCEMENTS
Section 1 - General
All Title 38 bargaining unit positions will be announced facilitywide with posting and/or
distribution a proper subject for local bargaining. If facilities are consolidated, positions
will be posted at each geographic location. These announcements must be readily
available for review by employees.
Section 2 - Contents of Vacancy Announcement
The qualications for the position and educational/certication level will be kept
current and clearly dened on the vacancy announcement. If the requirements of
the job/position change, the vacancy announcement will be reposted reecting the
changes.
Section 3 - Vacancy
A. All employees will have a fair and equitable opportunity to compete for
selection for a posted vacancy. All applicants will be asked the same
questions during an interview.
B. At the request of the employee, the Department will supply the employee with
an explanation of why they were not selected for the position.
Section 4 - Title 38 Position Qualications
A. The Union will be predecisionally involved and may submit recommendations
for criteria to be used in the development of all bargaining unit position
qualications.
B. The Union will be provided copies of all position qualications for vacant
positions.
C. Current employees will receive rst consideration when lling position
vacancies.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 279
ARTICLE 62 - VETERANS CANTEEN SERVICE
Section 1 - Compensation
A. Pay Adjustments:
1. Upon the eective date of this Agreement, all Veterans Canteen Service
(VCS) schedule employees shall receive pay raises equal to or greater
than the uncapped pay line for each Non-Appropriated Fund (NAF)
survey area in eect at that time. Pay will be set annually thereafter in
accordance with the NAF pay survey. In no case shall any negative pay
line be implemented by the Department.
2. VCS bargaining unit employees will receive awards in accordance
with Article 16 - Employee Awards and Recognition and Article 27 -
Performance Appraisal.
B. Benets Programs:
VCS employees shall receive the same discretionary benets as Title 5
employees.
C. Leave and Holidays:
VCS employees will accrue and use all categories and programs for absence,
leave, and holidays as are applicable under this Agreement.
Section 2 - Canteen Prices and Meal Allowances
A. The parties agree that for the duration of this Agreement the Department will
set canteen prices and such prices will not be subject to negotiations. The
Department agrees to notify the Union prior to the implementation of price
increases.
B. Meal allowances for VCS employees will be provided to permit employees
one complete meal per day (entrée and beverage) valued at no more than
six dollars; or, a 60% discount per day on a meal of any value. The six dollar
amount will be increased each January 1 to reect Consumer Price Index
increases.
Section 3 - Internal Promotions in the VCS
To provide promotional opportunities for all VCS employees, internal candidates will
be given rst consideration for vacancies prior to hiring outside applicants. If a VCS
employee is not selected, it shall be for bona de reasons, and the employee will be
given a written explanation of reasons for non-selection.
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Section 4 - Storage and Personal Belongings
The availability of employee lockers or secure storage space for personal belongings
is a subject for local negotiations. The supervisor will provide locks or other security
devices to secure personal belongings.
Section 5 - Appointment to Competitive Status Positions
A. A VCS employee shall be considered for appointment to a Department
position in the competitive service in the same manner that any other
Department employee is considered for transfer to such position, in
accordance with Article 23 – Title 5 Merit Promotion and 38 USC 7802(e).
B. When a VCS employee is appointed to a position in the competitive service,
the Department shall credit the length of any previous period of employment
in the VCS toward the time-in-service requirement for career appointment.
C. The service computation date for all purposes of an employee moving from a
NAF position to a competitive service position shall be adjusted to include all
previous periods of employment in the VCS.
Section 6 - Counseling Prior to Separation
A. If a non-probationary VCS employee is being considered for termination for
conduct, the employee will be allowed to provide their version of the events
and, if appropriate, the Department will provide the employee the opportunity
to correct the behavior. This provision does not create a new right of appeal
for the employee.
B. If a non-probationary VCS employee is being considered for termination
for performance, the employee will be given notication of the performance
deciency that is perceived and provided guidance and an opportunity to
correct it prior to separation.
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ARTICLE 63 - RESEARCH GRANTS
A. Employees who have made funding or other project applications will be
immediately notied of the approval/disapproval. The notication will include
the project ranking.
B. Any employee in the Department Research Program whose status and/or
employment rights are altered or jeopardized, for example due to a change in
funding, will be fully advised of the possible impact of such change at the time
a change to their status is considered.
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282 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 64 - RESEARCH PROGRAMS AND
DEMONSTRATION PROJECTS
Section 1 - Denitions
A. Research Program
Means a planned study of the manner in which public management policies
and systems are operating, the eects of those policies and systems, the
possibilities for change, and comparisons among policies and systems.
B. Demonstration Project
Means a project conducted by the OPM or under its supervision to determine
whether a specied change in personnel management policies or procedures
would result in improved federal personnel management.
Section 2 - Project Initiation
A. When a demonstration project is considered, the Union and the Department
are encouraged to jointly request demonstration authority from OPM and
jointly develop the details of the demonstration project.
B. When the Department receives notication from OPM, another federal
agency, or some other public or private organization that a research and
demonstration project will be conducted, the Department will notify the Union.
C. The Department agrees not to enter into any research or demonstration
project aecting unit employees without rst meeting its obligation to consult
or negotiate with the Union.
D. The Union will receive the following without cost on a semiannual basis:
1. Information concerning research programs or demonstration projects
proposed to OPM by the Department; and,
2. Data and reports of research provided to the Department by OPM or other
federal agencies which concern research projects aecting unit employees.
E. Employees participating in any activity covered by this article shall have their
participation noted and placed in their eOPF.
Section 3 - Comments on Reports
Whenever the Department submits an evaluation report to OPM concerning a
research or demonstration project aecting unit employees, the Union will be provided
an opportunity to submit its views in an accompanying report. After implementation of
the program, the Union will be kept informed of the progress on a continuing basis.
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 283
ARTICLE 65 - WAGE SURVEYS
Section 1 - Membership Survey Teams
Survey teams will consist of one member nominated by the local facility and one
member nominated by the labor member of the local wage survey committee. Each
will be selected on the basis of qualications set forth under FWS procedures. The
number of teams needed to complete the survey will be determined by the local
committee.
Section 2 - Oce Space
The host installation designated by the lead agency will provide oce space and
telephone capability to local committee members and survey teams for the purpose of
conducting the survey. The Department will provide such facilities where necessary.
Section 3 - Transportation
The Department will make every eort to provide ocial vehicles for the use of survey
teams and, if necessary, for committee members involved in the survey. In the event
such vehicles are unavailable, the Department will explore all other alternatives to
provide transportation for the survey team.
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284 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 66 - TECHNOLOGY FOR ADMINISTERING, TRACKING,
AND MEASURING VBA WORK
Section 1 - Scope
A. The provisions of this article shall apply to the application of the technology
that may be used to administer, track, and/or measure the work of VBA
bargaining unit employees.
B. The application of such technology is governed by established policy of the
Department as contained in the Department’s notication to the aected
employees and the Union. It is also governed by this Agreement and by
applicable requirements under law and government-wide regulations.
C. If the Department decides to modify or change its application of technology
in a manner that triggers a duty to bargain, it will meet its contractual and
statutory obligations.
D. Pursuant to 5 USC 7106(b)(1), technology is not a mandatory subject of
bargaining. Under Executive Order 13522, employees and their Union
representatives shall have predecisional involvement in all workplace matters
to the fullest extent practicable, without regard to whether those matters are
negotiable subjects of bargaining under 5 USC 7106(b)(1).
Section 2 - Application of the Technology
To the extent consistent with Section 1, such technology shall be applied in a manner
that ensures validity, reliability, and attainability by most similarly situated employees.
A. General - The application of the technology will be fair, equitable, consistent,
and take into account matters beyond the control of the employee.
B. Where the selection of certain work of an employee is to be random, the
Department will provide the employee and the Union with the methodology
that was used to assure randomness.
Section 3 - Contesting Results
At any time an employee disagrees with a record of their work that was obtained
through or by technology, the employee may seek corrective action in accordance
with Article 43 - Grievance Procedure.
Section 4 - Annual System Review
A. The application of the technology will be evaluated annually by the parties
to identify systemic problems and positive outcomes associated with it (in
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 285
relation to its stated purpose, unintended eects on work product, and impact
on employees’ conditions of employment).
B. Recommendations for improvement of the technology and/or its application
may be made by the Union at any time. The recommendations should
address employees’ positive and/or negative experiences, and will be
addressed by the Department whether they are adopted or not.
C. The application of technology is an appropriate subject for bargaining at the
local union level, on aspects not in conict with this article.
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286 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
ARTICLE 67 – SKILLS CERTIFICATION
Preamble
In accordance with PL 110-389, skills certication is a requirement for appropriate
employees of the Veterans Benets Administration who are responsible for processing
claims for compensation and pension benets.
Labor and Management agree that an eective Skills Certication program commits
both parties to a standard of excellence in the timeliness, quality, and quantity of
training, to improve service to our nation’s Veterans.
Section 1 – Purpose, Scope and Applicability
A. This Article applies to appropriate bargaining unit employees of the Veteran
Benets Administration for whom the Skills Certication program is applicable
and are responsible for processing claims for compensation and pension
benets under the laws administered by the Secretary of Veterans Aairs.
Skills Certication is not intended for employees who are in a trainee status
(non-journey level).
B. The purposes of a Skills Certication are to comply with 38 USC 7732A;
to provide a mechanism for measuring employee attainment of the skills,
knowledge and abilities needed to be successful in their position; and to
identify training needs. Skills Certication test results will not negatively
impact an employee’s performance appraisal.
C. Employees as identied in Section 1.A of this Article will be required to
take the skills certication test within one year and to retake the test each
time oered until certication is achieved. To the extent practicable, skills
certication testing will be oered twice per year for each position covered
by the VBA Skills Certication program. Employees will be required to sit for
periodic recertication as long as they remain in the position.
D. Employees who have occupied the VSR GS-10 within the full-performance
GS-11 career ladder for more than one year will be required to sit for Skills
Certication within the rst year after this agreement is implemented. For
the VSRs on the career ladder track, the eective date of promotion will be
the rst date of the pay period following notication of the results, provided
they meet the promotion criteria in Article 23 (Title 5 Merit Promotion).
Current employees in a VSR career ladder position that included the full-
performance GS-11 level when they entered the career ladder prior to
implementation of this Article will have the opportunity to achieve GS-11
upon passing the VSR certication test. VSRs who are unable to pass
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 287
certication after three consecutive attempts, counted from the eective date
of this Article, will be placed in a VSR position where the full performance
level is a GS-10.
E. Whenever the Department develops an annual schedule for skills
certication, the Union will be provided a copy. The Union will be permitted
to observe the Skills Certication testing. The local union will be provided
notication at least 7 work days before the actual date of each test. In the
event the 7 work day notice is not provided to the Union, the Department
will explain in writing why the 7 work day notice was not provided. In the
event the 7 work day notice is not provided, the results of the test will not
be invalidated. The schedule for the Skills Certication testing, and any
changes to the schedule, will be posted on the VBA intranet.
Section 2 – Program and Test Administration
A. The instrument (test) used to determine an employee’s prociency under
the Skills Certication Program shall be valid and reliable, using generally
accepted statistical and testing measures and methodologies, and be
consistent with EEOC Uniform Guidelines. When developing certication
examinations, the Department will consult with appropriate individuals
or entities, including examination development experts, interested
stakeholders, and employee representatives; and consider the data gathered
and produced under 38 USC 7731(c)(3).
B. The parties agree that the purpose and intent of the provisions contained
herein are to ensure that the Skills Certication program will be administered
fairly, equitably, and consistently across Veterans Benets Administration.
C. All employees required to sit for the skills certication test will be notied
suciently in advance of their right to request reasonable accommodations;
for example, additional time, alternate test site and lighting, etc. Reasonable
accommodation will be provided to eligible employees sitting for the skills
certication test.
Section 3 – Notication of Test Results
The Department agrees to promptly notify employees and the NVAC President, or
designee, when employee test results are received by the Department.
Section 4 – Test Environment
The Department will take in account factors aecting the testing environment beyond
the employee’s control and take appropriate remedial action such as adding additional
time, rescheduling the test, etc. The employee will not be disadvantaged by such
factors. Examples of such factors include: computer system problems, excessive heat
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288 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
or noise, building emergencies, or interruptions. Employees who have been using two
monitors for their work will have two monitors for testing, when they are available in
the testing environment nationwide.
Section 5 – Testing Preparation and Information Feedback
A. The Department will provide training sucient for employees to participate in
the certication program.
B. The Department will continue to make available practice tests and sample
Skills Certication questions and answers to all eligible employees, as
identied in the Skills Certication Readiness Guide. As outlined in the Skills
Certication Readiness Guide, test preparation will continue to be available.
The Department will continue to require Core Technical training for all claims
processors. Prior to their rst time taking the test after the implementation
of this Article, claims processors will be provided with an instructor-led test
preparation class in the test environment. In addition to this class, claims
processors will be aorded self-study excluded time not to exceed 3 hours.
1. Along with the results of the test, employees will receive written (hard
copy or electronic) feedback concerning their test performance, and
also have the opportunity to discuss areas for improvement with their
supervisor or another knowledgeable employee, such as an authorizer or
senior employee.
2. The feedback will identify knowledge areas in which improvement
is needed and will direct the employee to applicable references for
self-study. Feedback will be grounded in applicable statutes, regulations,
and procedures. The feedback on test results will be as extensive as
possible without compromising test integrity.
3. Based on the results of the test and the feedback, the employee and
supervisor will develop an individualized training plan, which may include
repeating any classes as necessary.
C. Training time associated with Skills Certication will be considered part of the
employee’s annual training requirement.
Section 6 – Joint Skills Certication Committee
A. The Parties will meet virtually at least twice annually, through a Joint Labor
and Management Skills Certication Committee to discuss the program, and
make recommendations for improvement. This does not preclude in person
meetings by mutual agreement when funding is available. The Committee
will have equal membership from the Department and the Union, up to 3
members each.
GENERAL PROVISIONS | ARTICLE 67 - SKILLS CERTIFICATION
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 289
B. The Union Committee members will be designated by the NVAC President.
The Committee will be functioning within sixty days after the eective date
of this Article. Management will continue to invite an AFGE representative
to participate on each of the Design Teams and additional workgroups for
each type of certication exam. Participation on the Committee will be on
ocial time; this ocial time will not be counted against any allocated time as
described in the Master Agreement.
Section 7 – GS-12 Promotion for GS-11 RVSRs
GS-11 RVSRs will be promoted to GS-12 on the rst day of the pay period following
implementation of this Article, provided they meet the promotion criteria in Article 23
(Title 5 Merit Promotion).
Section 8 – Changes to Skills Certication
If the Department makes any change that triggers a duty to bargain, the Department
will meet its contractual and statutory obligations.
Section 9 – Certicates
Upon successful completion of the Skills Certication testing, the Department will
update the employee’s eOPF indicating the employee has successfully met the
requirement, and provide a copy to the employee.
Section 10 – Local Negotiations
The parties agree to comply with the Master Agreement, with respect to local
bargaining.
Section 11 – Previous Agreements
Prior National MOUs on Skills Certication are superseded by this Article. Consistent
with Article 46, local contracts/supplements in existence prior to the eective date
of this Article, will continue in eect insofar as they do not conict with the Master
Agreement.
GENERAL PROVISIONS | ARTICLE 67 - SKILLS CERTIFICATION
290 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
DURATION OF AGREEMENT
Section 1 - Eective Date
This Agreement will be implemented and become eective when it has been
approved, ratied, and signed by the parties, including review pursuant to 5 USC
7114(c). The eective date of this Agreement is August 8, 2023
Section 2 - Duration of Agreement
This Agreement shall remain in full force and eect for a period of three years after
its eective date. It shall be automatically renewed for one year periods unless either
party gives the other party notice of its intention to renegotiate this Agreement no
less than sixty nor more than one hundred twenty days prior to its termination date.
Negotiations shall begin no later than 30 days after these conditions have been met.
If renegotiation of an Agreement is in progress but not completed upon the terminal
date of this Agreement, this Agreement will be automatically extended until a new
agreement is negotiated.
Section 3 - Reopener
Negotiations initiated by either party during the term to add to, amend, or modify this
Agreement may be conducted only by mutual consent of the parties. If mutual consent
is reached, such notice to renegotiate must be accompanied by the revised proposals
for the article(s) the party wishes to renegotiate. The parties will meet for the purpose
of negotiating the amendments or modications within 30 days of receipt of the
proposals from the moving party.
Section 4 - Negotiation Schedule
Arrangements for negotiating both the reopener or renegotiation under Section 2 or 3
above shall be in accordance with Article 47 - Mid-term Bargaining.
Section 5 - Amendments and Modications
This Agreement may only be amended, modied, or renegotiated in accordance with
the provisions of this Agreement.
DURATION OF AGREEMENT
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 291
SIGNATURE PAGE*
SIGNATURE PAGE
*Wet signatures are on le. They have not been displayed for security reasons.
For the Department of
Veterans Aairs
For the American Federation of
Government Employees
Leadership
/Denis McDonough/ /Dr. Everett B. Kelley/
Denis McDonough,
Secretary of Veterans Aairs
Dr. Everett B. Kelley,
National President, AFGE
Chief
Negotiators
/Kurt P. Martin/ /Alma L. Lee/
Kurt P. Martin, Chief Negotiator Alma L. Lee, Chief Negotiator
Members
/Scott Foster/ /Mary-Jean Burke/
Scott Foster, Member Mary-Jean Burke, Member
/Kevin Kelley/ /Oscar L. Williams, Jr./
Kevin Kelley, Member Oscar L. Williams, JR., Member
/Simon Kim/ /William Wetmore/
Simon Kim, Member William Wetmore, Member
/Karen Kormelink/ /Colin M. Barrett/
Karen Kormelink, Member Colin M. Barrett, member
/Michelle Mountfort/ /Kathleen Pachomski/
Michelle Mountfort, Member Kathleen Pachomski, Member
/Samuel Olson/ /Steven M. Graves/
Samuel Olson, Member Steven M. Graves, Member
/Sandra Terry/ /Thomas Dargon, Jr./
Sandra Terry, Member Thomas Dargon, Jr., Member
/Antione Waller/ /Ibidun Roberts/
Antione Waller, Member Ibidun Roberts, Member
/Cherri Waters/
Cherri Waters, Member
Recorders
/Heidi Schramm/ /April Bizzelle/
Heidi Schramm, Recorder April Bizzelle, Recorder
/Elizabeth Shotwell/
Elizabeth Shotwell, Recorder
292 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
INDEX
INDEX
A
Abatement: 138, 139, 141-143, 145-149
Administrative Leave: 135, 196, 198
Advanced Annual Leave: 190
Advanced Sick Leave: 190, 191
Advance Notice: 25, 38, 44, 76, 78, 84, 122,
145, 173,195, 209, 220, 225, 241, 244
Adverse Actions: 46, 48, 220
appeal rights: 47, 48, 133, 173, 261
counseling: 31, 50, 51,60, 61, 66, 71, 78, 109,
115, 127, 133, 134, 158, 171, 213, 274, 280
demotion: 42, 71, 131, 274
furlough: 46, 130, 131
grievance: 3, 10, 17, 20, 44, 48, 60, 90,
107,108, 129,133, 160, 219, 220, 221,
222-226, 236, 237, 241, 248, 255, 284
part-time employees: 84, 173, 176, 178,190
progressive discipline: 47
removal: 46, 78, 128, 146, 147-149, 219
reprimand: 46, 47
union notication: 28, 37,80, 106, 130, 265
union representation: 16, 17, 19, 32, 47-49,
57, 60, 70, 92, 93, 127, 137, 171, 220,
241, 261, 272, 273, 277
Armative Action: 62, 66, 67
Allocated Ocial Time: 9, 10, 19, 23, 26,
32, 137, 239, 244
Alternative Work Schedule: 77, 80, 81,
100, 254. See also AWS
lunch breaks: 84
Anniversary Date: 227-229, 264, 265
Annual Leave: 32, 79, 89, 90, 180-182,184,
187, 190-193, 197, 213, 216, 255, 256
advanced:189-191, 211, 223, 238, 246
part-time employees: 84, 173, 176, 178, 190
scheduling conicts: 181
unplanned leave: 181
Appeal Rights: 47, 48, 133, 173, 261
Appointments: 89, 96, 99, 183
Appraisals: 26, 120, 134, 179.
See also Performance Appraisal: 26, 46,
74, 117, 118, 120, 121, 124-126
Arbitration: 17, 222-226
awards: 21, 26, 52-54, 103, 104, 121, 124,
189, 226, 252, 261, 279
expedited: 39
invoking: 48
ocial time for: 10, 67, 120, 232, 235, 237, 238
panels: 53, 258, 259
procedures: 10, 22,23, 26, 32, 34, 36, 38-40,
42, 45, 46, 62, 66, 68,70, 75, 76, 80,81,
84, 87, 90,94, 96, 07, 99, 103, 105, 113,
116, 125, 130, 137, 138, 142, 143, 145-
150, 153, 160, 165, 166, 172, 181, 188,
199-203, 209, 211, 225, 227,229, 231, 232,
239, 268, 269, 273, 274, 282, 283, 288
Areas of consideration: 99, 100
Asbestos:146-148, 165
Assessment Criteria: 101
Assistive Devices: 64
Audit: 33, 107, 162, 268
award amount: 53
criteria: 19, 53, 73, 94-96, 101, 102, 105, 119,
121, 122, 136, 151, 156, 162, 188, 196,
201, 259, 263-265, 276, 278, 286, 289
funding: 25, 31, 52, 171, 200, 281, 288
group: 3, 8, 1120-28, 30, 31, 52-54, 60, 67,
79, 81, 87, 106, 117, 123, 126, 132, 141,
142, 145, 152, 223, 289
individual: 9-11, 16, 20, 23, 28, 40, 50, 52-55,
58, 59, 62, 63, 65, 67-69 73, 76, 83, 97, 101,
102, 105, 106, 108-110, 117, 118, 132, 136,
138, 141, 145, 149, 151, 155, 158, 159, 161,
167, 178, 179, 194, 195, 197, 201, 232, 234,
237, 258, 260-264, 269, 273, 287, 288
nomination procedures: 55, 201
number of: 21, 38, 42, 52, 55, 75, 76, 80,
81, 84, 86, 100, 101, 135, 140, 170, 173,
176, 182, 190, 191, 204, 205, 221, 232,
234, 240, 257, 266, 267, 273, 283
Suggestion: 7, 53-56, 63, 175
types of: 8, 31, 43, 53, 58, 103, 140, 180, 213
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 293
INDEX
B
Bargaining:3-5, 7-10, 19, 20, 24, 26-28,
32, 36, 37, 42, 46, 53, 56, 57, 67, 80, 81,
85-88, 90, 92-94, 99, 102, 107, 112, 113,
115, 116, 122, 125, 130, 133, 137-140,
146, 149, 150, 154, 157, 168, 170, 171,
192, 199, 200, 202, 204, 218, 219, 223,
227-241, 243, 244, 249, 252, 255, 258,
262, 270, 278, 279, 284-286, 289, 290
ground rules: 231, 232, 234, 235
interest-based:10, 231
proposals: 11, 233, 234, 290
supplemental agreements: 57, 181, 218,
221, 225, 231
Bulletin Boards: 57, 66, 92, 206, 215, 248
C
Career Ladder: 94-99, 101, 105, 123, 206,
268, 270, 286
suspension of: 46, 85
Certication: 3, 5, 36, 40, 45, 76, 150,
155, 185, 193-196, 219, 259, 264, 265,
278, 286-289
Child Care: 30, 32
committees: 8, 9, 31, 67, 137, 138, 140,
146, 158, 200, 238
Civil Service Reform Act: 226
Classication: 33-35, 40, 97, 99, 108,
131, 132, 165, 219, 249, 258, 270
Classication Appeal: 34, 35
Committees: 8, 9, 31, 67, 137, 138, 140,
146, 158, 200, 238
Communicable Disease: 161, 164-166, 168
Communications: 12, 79, 122, 138, 139,
236, 242, 243, 246-248
bulletin boards: 57, 66, 99, 206, 215, 248
formal discussions: 3, 126, 127, 171
internet: 246-248
intranet: 247, 248, 255, 284
mobile technology: 90
surveys: 243, 253, 257, 271, 283
telecommunications: 79, 246, 247
telephones: 246
videoconferencing: 74
with employees: 36, 117, 248
Compensation: 41, 44, 57, 69, 84, 88,
110, 144, 166, 187, 188, 199, 211, 213,
215, 216, 219, 251, 255-260, 279, 286
Compensatory Time: 85, 88, 89, 110, 111,
186, 189, 193, 254
Competitive Actions: 97, 98, 107
Compressed Work Schedules: 80, 81
See also CWS: 82, 83, 85, 86
Headquarters(Central Oce): 66, 222, 223, 231
provisions: 11, 28, 47, 48, 65, 69, 85, 88, 90,
94, 95, 104, 111, 113, 127, 133, 146, 160,
162, 171, 179, 189, 200, 225, 226, 231, 238,
247, 249, 253, 254, 263, 268, 272, 284, 287
suspension of: 46, 85
Conditions of Employment: 3, 7, 38, 58, 81,
137, 196, 219, 231, 236, 238, 241, 243, 285
Counseling: 31, 50, 51,60, 61, 66, 71, 78,
109, 115, 127, 133, 134, 158, 171, 213,
274, 280
Counselors: 66, 67
CPR: 150
Credit Hours: 81-86, 193
eld: 5, 10, 27, 77, 138, 223
provisions:11, 28, 47, 48, 65, 69, 85, 88, 90,
94, 95, 104, 111, 113, 127, 133, 146, 160,
162, 171, 179, 189, 200, 225, 226, 231, 238,
247, 249, 253, 254, 263, 268, 272, 284, 287
Critical Element: 70, 94, 118-124, 126-
128, 132, 172, 272
CWS: 82, 83, 85, 86
See also Compressed Work Schedules: 80, 81
D
Demonstration Project: 282
Demotion: 42, 71, 131, 274
Disability: 63, 65, 69-71, 166, 214, 263,
273, 274
Disability Retirement: 69, 71, 166,274
Disabled Veterans: 62, 66, 99
Disciplinary Action: 46-51, 60, 92, 171,
180, 223, 260
Discussions: 3, 25, 70, 85, 126, 127, 171,
220, 245, 246, 251, 273
Drug Abuse: 50
294 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
INDEX
Dues Withholding: 227-230
Duty Time: 9-11, 19, 32, 39, 57, 59, 67, 70,
87, 125, 137, 138, 225, 239, 272
E
EEO: 57, 62, 63, 65-68, 107, 108, 220, 239, 287
Emergencies: 79, 148, 150, 166, 191, 288
Emergency Preparedness Plan: 150
Employee Rights: 56, 93, 215
fair and equitable treatment: 87
privacy: 56, 58, 74, 76, 104, 107, 120, 160, 215
to union representation: 16, 17, 49, 57, 92,
171, 272, 273
Equal Employment Opportunity: 62, 63, 66
See also EEO
applicable regulations: 88, 158
assistive devices: 64
complaints: 20, 68, 236
counselors: 66, 67
disabled veterans: 62, 66, 99
discovery: 146, 148
grievance procedure: 44, 60, 90, 107, 129,
160, 219-223, 225, 255, 284
information: 5, 7, 8, 10, 12, 16, 18, 19, 31, 33,
37, 47,-51, 53, 55, 57-59, 66, 68, 71, 86, 90,
93, 94, 100-104, 106-109, 111, 113, 120, 121,
125, 126, 131-133, 135, 145-149, 151, 152,
154, 159, 162, 163, 165, 166, 169, 172, 175,
184, 194, 196, 201, 202, 206, 209, 214-216,
227, 241-244, 248, 251, 255, 256, 259, 261,
263, 266-269, 272, 274, 276, 277, 282, 288
interpreter service: 65
job restructuring: 63
leave without pay: 32, 65, 79, 156, 168,
184, 187, 195, 216
ocial time: 9-11, 15, 19, 23, 25, 26, 32,
57, 67, 112, 120, 137, 221, 225, 229,
232, 234-240, 244, 289
reasonable accommodations: 62, 63, 65, 287
reassignments: 42-46, 96, 98, 99, 201, 268
sexual harassment: 62
training: 8, 10-14, 21, 23, 25-29, 31, 36,
37, 59, 64, 65, 67, 68, 78, 85, 95, 96, 98,
101, 103, 110, 123, 126-128, 138, 140,
141, 144, 145, 147-151, 154, 158, 160,
162, 169, 172-177, 190, 200-202, 205,
206, 242, 247, 252, 268-270, 286, 288
union ocials: 13, 120, 227-229, 234, 236,
237, 243, 246
F
Family and Medical Leave: 188, 192, 193, 196
adoption: 54, 183, 192
Fitness for Duty: 69, 70, 145, 165, 273
Fixed Shift: 81, 85
Flexible Band: 82
Flextime: 32, 81, 82, 84, 85
Furlough: 46, 130, 131
G
Good Standing: 221, 227
Grievability: 220, 224
Grievance: 3, 10, 17, 20, 44, 48, 60, 90,
107,108, 129,133, 160, 219, 220, 221,
222-226, 236, 237, 241, 248, 255, 284
EEO: 57, 62, 63, 65-68, 107, 108, 220, 239, 287
exclusions: 179, 219, 256
meetings: 13, 15, 21, 23, 25-27, 30, 31, 60,
67, 76, 78, 123, 179, 206, 221, 237-239,
246, 247, 288
part-time employees: 84, 173, 176, 178,190
representative:3, 4, 7,13, 15, 19, 20, 22, 23,
25-27, 31, 32, 34, 37, 40, 47, 48, 57, 60, 67,
70, 76, 85, 92, 93, 104, 107, 108, 112, 117,
127, 129, 134, 137-147, 149, 152, 160, 162,
171, 176, 193, 200, 210, 215, 218, 220-222,
229, 232, 235-243, 246, 248, 249, 253, 259,
262, 267, 273, 277, 284, 287, 289
time limits: 107, 139, 215, 222-225, 268
withdrawal: 28, 261
Ground Rules: 231, 232, 234, 235
See also Bargaining: Ground Rules
H
Hazardous Weather: 188, 189
Health: 15, 39, 40, 43, 45, 51, 56, 59, 69, 83,
108, 137-147, 149, 151, 152, 154, 156, 158-
167, 170, 170, 174, 177, 183, 184, 192-196,
198, 212, 217, 219, 236, 237, 246, 259
safety: 15, 59, 76, 113, 114, 116, 137-147,
149, 151, 152, 159-164, 167, 217, 236, 237,
245, 246
abatement: 138, 139, 141-143, 145-149
abatement plan:139, 141, 142, 145, 147, 149
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 295
INDEX
asbestos: 146-148, 165
committees: 8, 9, 31, 67, 137, 138, 140,
146, 158, 200, 238
CPR: 150
emergency numbers: 149
emergency preparedness plan: 150
inspections: 76, 116, 138-140, 152, 156
on-the-job injury: 69, 214
reports: 23, 30, 66, 76, 138, 139, 141, 143,
144, 159, 160, 183, 213, 282
smoking: 150, 151, 158
stress: 158, 159, 214
temperature: 146, 156
training: 8, 10-14, 21, 23, 25-29, 31, 36,
37, 59, 64, 65, 67, 68, 78, 85, 95, 96, 98,
101, 103, 110, 123, 126-128, 138, 140,
141, 144, 145, 147-151, 154, 158, 160,
162, 169, 172-177, 190, 200-202, 205,
206, 242, 247, 252, 268-270, 286, 288
union representative: 7, 9, 23, 25-27, 31,
37, 40, 48, 57, 60, 67, 70, 85, 93, 104,
107, 112, 127, 138, 143, 160, 176, 200,
210, 221, 222, 229, 235-238, 240-242,
246, 249, 259, 273, 277, 284
Holidays: 81, 87, 182, 279
Hours of Work: 76, 81, 100, 110, 111, 186,
204, 254
Indoor Air Quality: 156
Infectious Disease: 161, 164, 167
Inspections: 76, 116, 138-140, 152, 156
Interest-based Bargaining: 10
Internal Union Business: 10, 246
Interpreter Services: 65
J
Job Restructuring: 63
Job Sharing: 32, 178, 179
L
Labor Relations: 3, 10-14, 73
in the public interest: 54, 236
Laws and Regulations: 6, 50, 71, 130,
171, 174, 177, 193, 274, 277
Leave: 32, 44, 51, 65, 70, 73, 76, 77, 79, 81,
82, 89, 90, 134, 135, 145, 150, 156, 161,
168, 174, 177, 179-193, 195-199, 213, 216,
227, 238, 247, 255, 256, 261, 272, 279
See also Time and Leave
extended: 33, 81, 111, 123, 127, 156, 173,
180, 183, 187, 191, 220, 223-225, 267, 290
Leave Transfer Program: 191, 192
Leave Without Pay: 32, 65, 79, 156, 168,
184, 187, 195, 216
See also LWOP
for adoption: 192
LWOP: 51, 56, 184, 187, 188, 190, 192,
197, 216
See also Leave Without Pay
M
Medical Evidence: 69-71, 273, 274
Medical Examination: 67, 70, 147, 272, 273
Merit Promotion: 40, 53, 94, 101, 102,
200, 201, 217, 265, 268, 280, 286, 289
assessment criteria: 101
audits: 33, 107
competitive actions: 97, 98, 107
details: 38-40, 96, 98, 99, 135, 162, 174,
177, 260, 264, 265, 268, 269, 282
part-time employees: 84, 173, 176, 178,190
reassignments: 42-46, 96, 98, 99, 201, 268
temporary promotion: 38-40, 97-99, 268, 269
Military Leave: 188-190
Monetary Awards: 26, 52, 53, 252
Instant: 53, 54
N
Negotiations: 3, 17, 28, 39, 40, 47, 80, 85,
89, 91, 115141, 159, 163, 174, 177, 181,
188, 202, 203, 233-235, 237, 244, 245,
279, 280, 289, 290
ground rules: 231, 232, 234, 235
levels: 7, 11-14, 16, 17, 19, 28, 37, 68, 104,
120, 124, 131, 138, 146-149, 156, 158,
162, 205, 222, 233, 236, 263, 268
reduction-in-force: 99, 131
supplemental agreements: 57, 181, 218,
221, 225, 231
O
Ocial Time: 9-11, 15, 19, 23, 25, 26, 32,
57, 67, 112, 120, 137, 221, 225, 229,
232, 234-240, 244, 289
EEO: 57, 62, 63, 65-68, 107, 108, 220, 239, 287
296 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
INDEX
Ocial Travel: 110, 113
advance: 11, 15, 25, 30, 38, 44, 47, 48, 54,
60, 62, 65, 76-78, 83, 84, 86, 89, 92, 95,
110, 111, 122, 128, 137, 145, 147, 149,
157, 166, 169, 173, 180, 181, 184, 190,
195, 205, 209, 220, 221, 225, 239, 244,
250, 256, 260, 263, 287
compensation: 41, 44, 57, 69, 84, 88, 110,
144, 166, 187, 188, 199, 211, 213, 215,
216, 219, 251, 255-260, 279, 286
for employees with disabilities: 62, 63
per diem: 9, 13, 15, 67, 111-114, 135, 137,
138, 186, 232, 234, 237, 239, 249
privately owned vehicle: 113
reimbursement: 58, 112, 114, 116, 135,
155, 202, 249, 255
return trips: 113
Overtime: 23, 26, 76, 77, 81, 84, 85, 87-90,
110, 111, 179, 186, 189, 198, 204, 254
and credit hours: 81, 83
and travel: 15, 110, 200
compensation: 41, 44, 57, 69, 84, 88, 110,
144, 166, 187, 188, 199, 211, 213, 215,
216, 219, 251, 255-260, 279, 286
extended shift: 81
Fair Labor Standards Act: 88, 110
increments: 84, 88, 180, 191, 237
mandatory: 94, 284
notice: 10, 25, 28, 38, 44, 47, 48, 54, 71,
76, 78, 79, 81, 84, 86-88, 92, 95, 101,
106, 122, 128-132, 134, 136, 138, 139,
143, 145, 147, 149, 171-173, 175, 176,
193, 195,201, 209, 215,216, 220, 223,
225, 226, 235, 237, 241, 244, 247, 251,
259, 260, 264, 266, 274, 287, 290
regular: 23, 26, 33, 38, 39, 69, 73, 76, 88,
89, 100, 106, 110, 118, 120, 127, 152,
160, 186, 187, 190, 195, 246, 248, 254
roster: 89
voluntary: 16, 20, 25, 28, 43-45, 50, 72, 89, 111,
151, 178, 191, 227, 243, 244, 252, 260, 261
OWCP: 144, 146, 156, 166, 188, 213, 215, 216
See also Workers’ Compensation
P
Parking: 115, 116, 187
shuttle: 115, 247
Partnership: 1, 2, 7, 22, 36, 60, 85, 115,
138, 246, 253
Part-time Employees: 84, 173, 176, 178,190
Past Practices: 170, 181, 239
Payroll Deductions: 227, 230
Performance: 21, 26, 36, 38, 44, 46, 50-
52, 54, 60, 69, 71, 72, 74, 77-79, 85, 94,
95102, 106, 108-110, 117-129, 131, 132,
234, 138, 140, 142, 154, 161, 169, 171,
172, 175, 179, 183, 200, 206-210, 213,
264-271, 274, 279, 280, 286-288
assistance: 22, 28, 31, 50, 51, 57, 65, 72,
95, 113, 116, 127, 128, 133, 138, 144,
149, 151, 152, 172, 178, 191, 216
good standing: 221, 227
successful: 17-20, 26, 29, 51, 74, 78, 94,
102, 103, 118-120, 122, 124, 125, 127,
132, 170, 206, 207, 286, 289
unacceptable: 46, 118, 121, 128, 129
Performance Appraisal: 26, 46, 74, 117,
118, 120, 121, 124-126
S
Sexual Harassment: 62
SF-71: 180, 216
Shuttle Service: 115, 247
Sick Leave: 65, 156, 168, 182-185, 187,
190, 191, 193, 195-197, 216
for adoption: 192
for counseling:50, 127
restrictions: 163, 174, 177, 185, 200, 214, 217
T
Telework: 65, 72-80, 168, 196
Telework Agreements: 75, 77
Time and Leave: 76, 179, 180
hours of work: 76, 81, 100, 110, 111, 186,
204, 254
job sharing: 32, 178, 179
Training: 8, 10-14, 21, 23, 25-29, 31, 36,
37, 59, 64, 65, 67, 68, 78, 85, 95, 96, 98,
101, 103, 110, 123, 126-128, 138, 140,
141, 144, 145, 147-151, 154, 158, 160,
162, 169, 172-177, 190, 200-202, 205,
206, 242, 247, 252, 268-270, 286, 288
Transfer: 44, 46, 84, 96-98, 111, 130, 131,
134, 135, 154, 191, 192, 199, 227, 228,
236, 240, 280
Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement 297
INDEX
Travel: 15, 110, 200
See also Ocial Travel
U
Union Ocials: 13, 120, 227-229, 234,
236, 237, 243, 246
Union Representative: 7, 9, 23, 25-27, 31,
37, 40, 48, 57, 60, 67, 70, 85, 93, 104,
107, 112, 127, 138, 143, 160, 176, 200,
210, 221, 222, 229, 235-238, 240-242,
246, 249, 259, 273, 277, 284
Upward Mobility: 67, 200, 202, 205, 206
V
Vacancy Announcements: 99, 100, 101,
268, 278
W
Warrant: 56, 58, 172, 192, 265, 269
See also Within-Grade Increase
Within-Grade Increase: 124, 174, 177,
207, 208, 211
See also WIGI
administrative error: 253, 257
reconsideration: 24, 178, 209-212, 260,
263, 266, 267
Workers’ Compensation: 44, 144, 213,
215, 216
See also OWCP
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Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement C3
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C4 Department of Veterans Aairs Labor Management Relations | DVA /AFGE Master Agreement
VA Pamphlet 05-68
P70450
Last Update August 2023
Printed September 2023
Department of Veterans Aairs
Oce of Labor Management Relations (LMR)
810 Vermont Avenue, NW
Washington, DC 20420
AFGE National VA Council,
VA Medical Center
Building 76, Room 106
1970 Roanoke Boulevard
Salem, VA 24153
Contact:
Oce of Labor Management Relations
Phone: 202-461-4122
AFGE National Council
Phone: 540-345-6301
Email: [email protected]
To access or download Master Agreement:
http://www.va.gov/LMR/ www.afgenvac.org
How to Order:
Place your order through your station’s PCO (Forms/Publications Supply Ocer).
Master Agreement Between the Department of Veterans Aairs
and the
American Federation of Government Employees
