AFGE Local 1869 MOA with Charleston AFB SC

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MISSION STATEMENT

The employer and the union recognize the need for uninterrupted, orderly, economical, and efficient accomplishment of the mission of the Air Force, Charleston Air Force Base, and all of its organizations.  In doing so, we enhance national security, improve service to our customers, and provide job security for our valuable employees.

                                      (Printed 11/05)

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TABLE OF CONTENTS

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TABLE OF CONTENTS (Continued

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ARTICLE 1 - PURPOSE

This agreement is between Charleston Air Force Base (CAFB), South Carolina, ("Employer") and Local 1869 of the American Federation of Government Employees, AFL-CIO, ("Union").  The agreement:

States the policies, procedures, and methods that govern working relationships between the employer and the union.

States matters of mutual concern.

Enhances efficient and economical operation.

Strives to meet the following objectives:

(1)     Insure employee participation in developing and implementing civilian personnel policies and procedures.

(2)     Provide the highest degree of efficiency and responsibility in mission accomplishment.

(3)     Promote employee-management cooperation.

(4)     Facilitate resolution of disputes, grievances and appeals.

                   (5)  Present the agreement in clear and concise language.

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ARTICLE 2 - RECOGNITION AND COVERAGE

SECTION 2.1- RECOGNITION:  The employer recognizes Local 1869 of the American Federation of Government Employees, AFL-CIO, as the exclusive bargaining agent under the provisions of the Federal Service Labor-Management-Relations Statute (Public Law 95-454) for all employees  described in Section 2.2.  The union will represent the interests of all such employees without discrimination and without regard to union membership with respect to grievances, personnel policies and practices or other matters affecting their general working conditions, subject to the express limitations set forth in this agreement.

SECTION 2.2 - COVERAGE: The bargaining unit is composed of the following as certified by the Federal Labor Relations Authority effective 24 December 1992:

          Included:  All GS, WG, WL and Professional employees of Charleston Air Force Base serviced by the Civilian Personnel Flight and paid from appropriated funds, including employees assigned to Operating Location A (OL-A), North Auxiliary Airfield, South Carolina.

          Excluded:  Managers, supervisors, guards and employees engaged in personnel work other than purely clerical capacity, and confidential employees as defined in the Statute.

SECTION 2.3 - NEW OPERATIONS:  Subject to the rules and decisions of Federal Labor Relations Authority (FLRA), the provisions of this agreement are binding on any newly established Air Force operations under the command of the employer and whose personnel fall under the definition of the unit.  This does not preclude either party from filing a clarification of unit petition.

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ARTICLE 3 - MUTUAL OBLIGATIONS

SECTION 3.1 - ADMINISTRATION: In all matters covered by this agreement, the employer, the union, and all bargaining unit employees are governed by existing or future laws and government wide regulations.  If this agreement or any portion of it later is found to be inconsistent during the term of this agreement, such portion(s) of the agreement will be negotiated to bring them into conformance with the changes.  Absent a determination of compelling need, where any agency regulation conflicts with this Agreement, the agreement shall govern until a change is satisfactorily negotiated between the parties.

SECTION 3.2 - AGREEMENT:  The employer and the union agree:

a.      to negotiate or consult as required by Public Law 95-454:

in good faith, and

avoiding unnecessary delay. 

b.     to solve problems through exchanging information and views.

ARTICLE 4 - EMPLOYER RIGHTS AND OBLIGATIONS

SECTION 4.1- EMPLOYER RIGHTS:  Nothing in this agreement affects the authority of any management official:

a.      To determine the mission, budget, organization, number of employees, and internal security practices of the agency; and

b.     In accordance with applicable laws:

(1)     to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

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(2)     to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

(3)     with respect to filling positions, to make selections for appointments from:

(a)     among properly ranked and certified candidates for promotion; or

(b)    any other appropriate source; and

(4)     to take whatever actions may be necessary to carry out the agency mission during emergencies.

SECTION 4.2 - EMERGENCIES AND EXERCISES:  The employer is not restricted from taking any actions necessary to carry out its mission during emergency situations or during exercises directed by the wing commander or higher authority.  An emergency or exercise may be national, regional, local, or base in scope.  Whenever an emergency is declared or an exercise is conducted which may result in a portion of this agreement not being carried out, the union will be properly notified of the reason for the emergency unless security considerations preclude releasing such information.  If such notification cannot be made prior to the action, the employer will notify the union after-the-fact and the reason for the delay.

SECTION 4.3 - COMMUNICATION:  It is understood that the employer has the right to communicate directly with its employees on matters which are appropriate management functions which do not violate Article 6.

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ARTICLE 5 - EMPLOYEE RIGHTS AND OBLIGATIONS

SECTION 5.1 - RIGHTS:  Each employee has the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee is protected in the exercise of such right.  Except as otherwise provided in the statute, regulation, or this agreement, such right includes the right:

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

b.     to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under the statute, regulation, or this agreement.

SECTION 5.2 - UNION MEMBERSHIP: Nothing in this agreement requires a unit employee to become or remain a member of the union or to pay money to the union except by voluntary, written authorization for payment of union dues through payroll deduction as provided in Article 10.

SECTION 5.3 - EMPLOYEE REPRESENTATION:  Each employee has the right, regardless of union membership, to bring matters of personal concern to the attention of appropriate officials.

a.      The rights of the union under the statute will not be construed to preclude an employee from:

(1)     being represented by an attorney or other representative, other than the union, of the employee's own choosing in any grievance or appeal action, or

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(2)     exercising grievance or appellate rights established by law, rule, or regulation except in the case of a grievance or appeal negotiated under the statute.

b.     The union will be given the opportunity to be represented at any formal discussion between one or more representatives of the employer and one or more employees in the bargaining unit or their representative(s) concerning any grievance, personnel policy or practice, or other general condition of employment.

SECTION 5.5 - EQUAL EMPLOYMENT OPPORTUNITY POLICY: 

All eligible employees will be accepted as union members without discrimination because of race, color, creed, national origin, sex, age, preferential and non-preferential civil service status, political affiliation, marital status, or handicapping condition.

SECTION 5.6 - RETENTION OF COVERAGE: Employees covered by this agreement who are on detail or temporary duty to another bargaining unit position do not forfeit any benefits of this agreement that remain under the control of the employer.  Those employees will be expected to conform to the rules and regulations at their assigned duty station (e.g. hours of work, tours of duty, etc.).

SECTION 5.7 - EMPLOYEE RIGHTS: Employees have the right to seek advice and assistance from the union.  Employees have the right to contact and meet with a union representative during work hours on matters affecting personnel policies, practices and working conditions.

SECTION 5.8 - OTHER RIGHTS:  Nothing in this article is intended to imply that all rights of unit employees are contained in this agreement.

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SECTION 5.9 – GENERAL INVESTIGATIONS: 

As exclusive representative, the Union shall be given the opportunity to be present at any examination of an employee in the bargaining unit by a representative of the employer 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 unit employee requests representation.

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.

The Employer shall at least annually inform its employees of their right to union representation under 5 USC 7114(2)(B) by posting of such rights on bulletin boards and through other appropriate means.

If an employee in the bargaining unit requests union representation, management will reschedule the meeting as soon as possible and the union will be given the opportunity to be present or cancel the meeting.

SECTION 5.10 – FORMAL INVESTIGATIONS: Formal investigations are commander directed investigations.

a.      Investigators should be knowledgeable of investigative procedures.

b.     The Employer will inform the 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.

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d.     Employees have the right to be represented by the 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.  The employees are reminded of their Fifth Amendment rights.

e.      Once an employee requests union representation no further questioning will take place until the union is present.  The union will respond and the employer will make the union representative available in a timely manner.

f.       Supervisors, employees, and union representatives will not, except as specifically authorized, disclose any information about an investigation outside the chain of command.  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 findings.

g.     The subject of the investigation and the union can request a copy of the complete investigation file (not just the evidence file) and all other relevant and pertinent information which would be provided under the Freedom of Information Act (FOIA) or 5 USC Section 7114.  The employer will provide a written explanation of any denial of information requested, the authority under which the information is not given in a timely manner, and/or the reason(s) for denial.

h.     Employee rights and obligations will be consistently applied throughout CAFB.

i.        When an employee has requested union representation in an investigative proceeding, the union representative may fully represent the employee and is not limited to the role of an observer.

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ARTICLE 6 - UNION RIGHTS AND OBLIGATIONS

SECTION 6.1 - UNION REPRESENTATION RIGHTS: 

The union has the right to be represented at:

(1)     formal discussions of personnel policies, practices, or working conditions, and

(2)     formal discussions of new programs or surveys affecting personnel policies, practices or working conditions between the employer and employee(s), or

(3)     a grievance meeting with a bargaining unit employee which is considered a formal discussion. The union will be notified of such meetings regardless of the employee's selection of a representative.

The right of the union to be present does not apply to informal discussions of personal problems between an employee and the employer.

SECTION 6.2 - REPRESENTATION OBLIGATIONS:  The representation rights and obligations of the union are as follows:

a.      As the exclusive representative, the union is entitled to act for and to negotiate agreements covering all employees in the unit. 

b.     If requested, the union will represent any bargaining unit employee through the first three steps of the grievance procedure.  The union has the right to invoke arbitration (step 4 of the negotiated grievance procedure).

c.     The union may represent any bargaining unit employee, but is not obligated to represent non members in statutory appeals such as Merit System Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), Office of Worker's Compensation (OWC), Office of Personnel Management (OPM), or Classification Appeals.

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SECTION 6.3 - EXCLUSIVE RECOGNITION CHALLENGE: The employer will notify the union in advance and in writing of any scheduled

meetings between the employer and officials of any other labor organization or special interest group on the subject of exclusive recognition.

SECTION 6.4 - GRIEVANCE PREPARATION:  The union has the right to represent an employee in the unit in preparing and/or presenting a grievance or appeal if the employee requests and is entitled to such representation.

SECTION 6.5 - PROPOSED CHANGES:  The employer will inform the union orally or in writing of any proposed change to personnel policies, practices, or conditions of employment affecting part of the bargaining unit or the unit as a whole.  The union has the right to present its views to the employer orally or in writing with respect to the implementation of proposals for change of personnel policies, practices, and conditions of employment.  The employer will not present those proposed changes to the bargaining unit employees until negotiations between the employer and the union are completed.  This presentation is considered part of the consultation and negotiation process as appropriate under Article 7.

SECTION 6.6 - UNION AS OBSERVER:  The union will be given the opportunity to be represented by an observer at a formal hearing requested by an employee in connection with an appeal from an adverse action, i.e. removal or suspension of more than 14 days.  If the employee who requested the hearing objects to the attendance of the observer on the grounds of privacy, the adjudicator will determine the validity of the objection and make the decision on the question of attendance.

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ARTICLE 7 - MATTERS SUBJECT TO NEGOTIATION AND CONSULTATION

SECTION 7.1 - INFORMATION SHARING:  In the spirit of mutual cooperation, this agreement

encourages the exchange of ideas between the employer and the union on matters of interest

to unit employees.

SECTION 7.2 - NEGOTIATION:  In this agreement the term "negotiation" is defined as any

dialogue

either oral or written between the employer and the union on a specific issue or issues.  The objective

 is reaching mutual agreement regarding the proposed implementation of personnel policies,

practices, and matters affecting conditions of

employment to the extent that such matters are negotiable.

SECTION 7.3 - CONSULTATION:  In this agreement, the term "consultation" is defined as any

dialogue either

oral or written between the employer and the union on a specific issue or issues.  Unlike negotiation, consultation

does not require a mutual agreement between the employer and the union.  The purpose of

consultation is to provide

 the union an opportunity to express its views and offer recommendations.  Consultation

results in a management decision.

SECTION 7.4 - APPROPRIATE MATTERS: 

Negotiation: Matters appropriate for negotiation are personnel policies, practices

and matters affecting conditions of employment of unit employees which are within

the control of the employer.  These matters include, but are not limited to, safety, training, labor-management relations, employee services, methods of adjusting grievances, leave, promotion and demotion procedures, and hours of work.  Also appropriate for negotiation are procedures which management officials will

observe in exercising any authority under this section or appropriate arrangements

for employees adversely affected by the exercise of any authority under this section. 

This agreement does not alter the responsibility of either party to meet with the

other to discuss or negotiate appropriate matters not covered by this agreement. 

Consultation: The employer will consult with the union in regards to numbers, types, and grades of employees or positions assigned to the organizational

subdivisions, work projects, tours of duty and the technology, methods, and means

 of performing work.  These matters are appropriate for consultation in a collaborative effort to assist management in making the best possible decision. Therefore, the employer recognizes that pre-decisional input by the union is vital to sound management decisions.

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SECTION 7.5 - OBLIGATION TO MEET:  The obligation to meet and confer and/or negotiate in good faith includes the obligation:

to approach the negotiations with a sincere resolve to reach a collective bargaining agreement;

to be represented at negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment;

to meet at reasonable times and convenient places as frequently as may be necessary and to avoid unnecessary delays;

to furnish to the exclusive representative upon request and to the extent not prohibited by law, data:

(1)     which is normally maintained by the agency in the regular course of business;

(2)     which is reasonably available and necessary for full and proper discussion and understanding and negotiation of subjects within the scope of collective bargaining; and

(3)     which does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining; and

if agreement is reached, to execute on the request of any party to the negotiation a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement.

SECTION 7.6 - MEETINGS:  Negotiation and consultation accomplished under this agreement will be conducted by the appropriate representatives of the employer and the union.  Where a specific individual is named in the agreement or otherwise designated by either party, that person has the authority to represent the employer or the union respectively.  Furnishing information to that official is official notification to the union and management.

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SECTION 7.7 - PAST PRACTICES: Any prior benefits, practices and understandings in effect on the implementation date of this agreement and not specifically covered by

 the agreement will remain in effect unless changed in accordance with this article.

SECTION 7.8 - PROPOSALS ON WORKING CONDITIONS: When the employer proposes a change in conditions of employment, the union has the right to present its views and suggestions and/or request negotiation.  The union's input will be considered when developing and implementing the proposal.  If the union doesn't present its views or request negotiation within ten (10) workdays after receipt of the proposed change, the employer may implement.  If the union requests negotiation the parties will meet within ten (10) workdays or at a mutually acceptable time.

ARTICLE 8 - UNION-EMPLOYER COOPERATION

SECTION 8.1 - MEETINGS:

At the request of either party a joint meeting will be held to confer on

personnel policies and practices, conditions of employment, administration of

this agreement, or any other subject of mutual interest. 

These meetings will be held between the designated representative of the employer and a union official.  By mutual consent additional representatives

may attend to present information or expertise.  Prior to the meeting, the

requesting party will submit an agenda.

c.     The Senior Executive Officers of CAFB and Union President, Executive

and First Vice Presidents will meet quarterly to discuss issues of mutual

concern.  An agenda will be prepared and exchanged at least one week

prior to the scheduled meeting.

SECTION 8.2 - UNIT LEVEL MEETINGS: Issues of mutual concern should be considered and resolved at the lowest possible level.  Therefore, regular meetings (ex. Quarterly or monthly) will be held between union steward(s) and management at the Squadron Commander or equivalent level, as required.

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ARTICLE 9 - UNION REPRESENTATION