ARTICLE 19

**EQUAL EMPLOYMENT OPPORTUNITY**

**Section 19.01 - Policy**. Management and the Union agree that pursuant
to Federal Statutes and EEOC regulations in all matters concerning
employment, no discrimination shall be tolerated on the basis of age,
sex, race, religion, qualified disabling condition, color, national
origin, marital status or political affiliation in any matter relating
to employment. Management shall provide Affirmative Employment Programs
where there is a manifest imbalance or conspicuous absence in protected
EEO groups and promote full realization of equal employment opportunity
through a positive and continuing effort. Such efforts shall include the
eradication of offensive remarks in the workplace relating to age, sex,
race, religion, qualified disabling condition, color, and/or national
origin.

Employees who allege discrimination or anyone who participates in the
presentation of such complaints, such as the collateral duty EEO
Counselor, shall be free from restraint, interference, coercion,
discrimination, or reprisal.

Although not covered by Federal statute or EEOC regulation, Management
and Union agree that no discrimination will be tolerated on the basis of
sexual preference and/or orientation.

**Section 19.02 ‑ Affirmative Action**. Management shall conduct a
continuing campaign to eliminate discrimination and/or prejudice from
its personnel practices and policies, and employment condi­tions
consistent with this Agreement. Programs shall include, but not be
limited to, implementation of the following objectives and goals:

\(1\) Overcoming manifest imbalances and conspicuous absences of
minority groups and women in grade levels, occupations, and
organizational units within the work force;

\(2\) Providing upward mobility opportunities for clerical and other
support personnel into occupations with greater potential for career
advancement; and

\(3\) Where applicable, providing reasonable accommodations for
qualified disabled employees pursuant to Article 32 of this Agreement.

Management shall develop an Affirmative Employment Plan in accordance
with law and regulation. A complete copy of the adopted plan shall be
provided to affected Locals.

**Section 19.03 ‑ Local Equal Employment Opportunity Committees**.

\(1\) An Equal Employment Opportunity (EEO) Advisory Committee shall be
established at every office with total employment of fifty (50) or more.
In offices with employment of less than fifty (50), the Labor‑Management
Relations Committee shall also perform EEO Committee functions.

\(2\) Membership shall consist of one (1) Union representative and two
(2) Management representatives who are knowledgeable about Affirmative
Employment and EEO Programs. The local parties may, through mutual
agreement, expand the number of members: for every Union representative
added, there shall be a Management representative added. However, the
Committee shall be no larger than seven (7) members. Any Committee
member shall be afforded the opportunity to provide a dissenting
statement to be included in any issuances from the Committee.

\(3\) Equal Employment Opportunity Committees shall meet quarterly at
the local level. Each local Committee shall prepare written reports
containing recom­mendations as necessary.

**Section 19.04 ‑ Purpose of Committees**. The EEO Committees shall
provide advice and recommendations in the following areas:

\(1\) **Affirmative Employment Plan**. The development of the plan,
review of progress in achieving the goals of the plan, and make
recommendations for assuring that plan goals are achieved. The local EEO
Committees shall review and comment on the Affirmative Employment Plan
prior to its transmittal to the EEO Officer for approval. This review
process shall not exceed fourteen (14) days.

\(2\) **Equal Employment Opportunity Counselors**. Review nominations
for EEO Counselors and make recommendations to the appropriate EEO
Officer(s) regarding the selection and appointment of EEO Counselors.

\(3\) **Discrimination Complaints**. Review status reports of
discrimination complaints and make recommendations to improve the
timeliness and effectiveness of the complaint resolution processes, and
ensure effective remedial processes exist where merit has been found.

\(4\) **Special Awards**. The Committee may recommend to Management, EEO
Counselors or others for monetary Special Achievement Awards for special
acts or services contributing to the goals of affirmative employment and
equal opportunity.

**Section 19.05 ‑ Collateral Duty Equal Employment Opportunity
Counselors**. The statutory appeals system for resolving EEO complaints
involves the use of EEO Counselors prior to the filing of a complaint.
Therefore, EEO Counselors are an important and integral part of the
program. Management shall assure that an adequate number of trained EEO
Counselors shall be available and accessible to all employees. In the
appointment of collateral duty EEO Counselors, the following procedures
shall apply:

\(1\) All bargaining unit and nonbargaining unit employees shall be
given the opportunity once a year to self-nominate themselves for
consideration to be collateral duty EEO Counselors.

\(2\) Management shall formally solicit nominations from the Union at
least once a year or as Counselor vacancies occur. The parties may
submit collateral duty EEO Counselor nominations for appointment
consideration at any time.

\(3\) The EEO Committees shall review the nominations and make
recommendations to the appropriate EEO Officer regarding appointment of
EEO Counselors.

\(4\) One (1) Union representative from each Geographic Area shall be
invited to attend EEO Counselor training in their respective Areas.

\(5\) EEO Counselors may have their position descriptions amended to
include these collateral duties.

**Section 19.06 ‑ Conflict of Interest**. Collateral Duty Equal
Employment Opportunity Counselors shall not be appointed where such
appoint­ment would be, or appear to be, an actual or apparent conflict of
interest.

\(1\) It is understood that where Union officials are nominated to serve
as Collateral Duty EEO Counselors, the Committee shall first determine
whether such officials are willing to set aside Union representational
duties for the duration of their appointment as EEO Counselors.

\(2\) It is also understood that no person shall serve as a Collateral
Duty EEO Counselor who has been found to be a discriminating official.

**Section 19.07 ‑ Third Party Settlements**. Section 7106 of the Civil
Service Reform Act excludes substantial personnel decisions from
participation on the part of the Union; particularly in the areas of
hiring, training, selections, promotions, and similar matters. The
settlement of discrimination complaints may, there­fore, require
modification to certain personnel policies and

practices contained in this Agreement. Where the Department is a
respondent in EEOC or judicial appeals, Management agrees to provide the
Union with an opportunity to negotiate on any proposed waivers or
changes to this Agreement prior to entering into a voluntary settlement.
As appropriate, Management shall continue to consult the Union during
the resolution process. In accordance with Statute and regulation, the
Union shall be offered the opportunity to negotiate, under the
provisions of the \"Mid-Term Bargaining\" Article of this Agreement,
changes in the Agreement brought about by the settlement of a
discrimination complaint.

**Section 19.08 ‑ Equal Employment Opportunity Reports**.

\(1\) Management shall furnish, semiannually to the Council President,
two (2) copies of EEO/AE statistical reports.

\(2\) Management shall furnish to the Union an annual summary of the
number and types of discrimination complaints received and their
disposition and/or status.

\(3\) Upon request, copies of the current Affirmative Employment Plan
shall be made available to the EEO Committee.

\(4\) Upon request, Management shall brief the Union on the status of
EEO programs at labor‑management relations meetings.

\(5\) As appropriate, additional EEO data shall be made available to the
Union or the EEO Committee upon request and where available.

**Section 19.09 ‑ Discrimination Complaint Procedures**. The parties
acknowledge that employees who have discrimination complaints can opt to
have their complaints resolved by either of the following, but not both,
procedures:

\(1\) The negotiated grievance procedure as provided in this Agreement;
or

\(2\) The statutory appeal process which begins with the engaging of an
EEO Counselor and, if the matter is not resolved, the filing of a formal
EEO complaint with the Director of EEO for investigation and
disposition.

An employee shall be deemed to have made an election to raise a
complaint under either the statutory procedure or the grievance
procedure at such time as he/she timely files a grievance in writing or
files a formal written complaint under the statutory EEO complaint
procedure, whichever comes first. Discussions with an EEO Counselor in
no way preclude the filing of a grievance that is otherwise timely.

If the employee has contacted the Equal Employment Opportunity Counselor
about his/her complaint, the Equal Employment Opportunity Counselor
shall be responsible for informing the employee of his/her options in
relation to alternative procedures. The inadvertent failure of the
Counselor to inform the employee of his/her options, in no way
diminishes the employee\'s responsibility to make an election of
procedures or extends the time limits for filing a grievance or a
complaint.