TABLE OF CONTENTS

**BPA/PROFESSIONAL AGREEMENT**

# [Article]{.underline} [Page]{.underline}

# 

#  Preamble 1 

#  Purpose 1 

1\. Employees Covered by the Agreement 1

2\. Effective Date and Duration 2

3\. Contract Interpretation 2

4\. Rights and Obligations of Management 2

5\. Rights of Employees 3

6\. Rights and Obligations of the Union 4

7\. Mid-Term Negotiations 7

8\. Dues Withholding 7

9\. Employee Concerns Resolution Process 9

10\. Grievance Procedure 9

11\. Arbitration of Grievances 15

12\. Labor-Management Cooperation 16

13\. Equal Employment Opportunity 17

14\. Facilities and Services Provided 17

15\. Charity Drives 19

16\. Safety and Health 19

17\. Hours of Work 20

18\. Disciplinary and Adverse Actions 20

19\. Reduction-In-Force 21

20\. Position Classification 21

21\. Training 22

22\. Overtime 23

23\. Travel 24

24\. Contracting Out 25

25\. Annual Leave 25

26\. Sick Leave 26

27\. Court Leave 27

28\. Leave Without Pay 27

29\. Excused Absence 27

30\. Holidays 28

31\. Promotions 28

32\. Performance 29

33\. Employee Payments 29

34\. Union Stewards 29

35\. Continuity of Work 29

36\. Printing and Distribution of the Agreement 30

37\. Duty Stations 30

AGREEMENT

between the

BONNEVILLE POWER ADMINISTRATION

and the

PROFESSIONAL DIVISION

of the

LABORERS\' INTERNATIONAL UNION

LOCAL 335

PREAMBLE

This Agreement between the Bonneville Power Administration, hereinafter
referred to as the Employer, and the Professional Division of the
Laborers\' International Union Local 335, hereinafter referred to as the
Union, is entered into in consonance with Public Law 95-454 and
applicable regulations of the Department of Energy. This Agreement, and
any supplementary agreements that may be agreed upon, together
constitute a Collective Agreement between the Employer and the Union.

PURPOSE

The parties hereto, having as their intent and purpose to promote and
improve the efficiency and effectiveness of the administration of
personnel policies and practices and matters affecting working
conditions in the Federal Service and the well-being of the employees in
the bargaining unit, agree to the establishment of orderly procedures,
as herein provided, for joint consultation and/or negotiation on matters
of proper mutual concern which are permitted by applicable laws,
regulations and policies. It is recognized by both parties that they
must exercise restraint and good judgment to establish the constructive
relationship which this Agreement is designed to bring about, and that
the public interest in the accomplishment of the mission of the
Bonneville Power Administration is paramount.

1\. [EMPLOYEES COVERED BY THE AGREEMENT]{.underline}

1.01 Pursuant to the Certification of Representative dated

December 29, l98l, issued by the Federal Labor Relations Authority
(FLRA), the Union is recognized as the exclusive representative of a
bargaining unit described as follows:

Included: All professional employees of the Bonneville Power
Administration

Excluded: All nonprofessional employees, management officials,
supervisors, and employees described in 5 USC 7112(b)(2), (3), (4), (6),
and (7).

2\. [EFFECTIVE DATE AND DURATION]{.underline}

2.01 The effective date of this Agreement shall be the date of approval
by

the Administrator. It shall remain in effect until December 1, 2002.
Thereafter, this Agreement shall be automatically renewed for one year
increments on the anniversary date unless at least 60, but not more than
105, calendar days prior to such anniversary date, either party gives
written notice to the other of its desire to terminate or renegotiate
this Agreement. In the event that BPA changes its legal form, or upon
enactment of AEP legislation, within the first 2 years of this
Agreement, then either party may reopen the Agreement, notwithstanding
any other provision of this Agreement, for collective bargaining as to:
(a) all subjects that may become negotiable by reason of the statute
creating the new legal form; and (b) all negotiable changes proposed by
management in terms and conditions of employment and working conditions.

3\. [CONTRACT INTERPRETATION]{.underline}

3.01 In the course of contract administration, interpretations of this

#  Agreement shall be consistent with the language of the Agreement. Whenever an ambiguity exists in the language of this Agreement, the negotiations pertaining to that language and the problem which was intended to be solved or affected by the language may be examined in order to attempt to resolve the ambiguity. Interpretation of specific contract language shall be consistent throughout the Employer's organization.

4\. [RIGHTS AND OBLIGATIONS OF MANAGEMENT]{.underline}

4.01 It is recognized that the Bonneville Power Administration is an
agency

> of the Government of the United States; that it is dedicated to the
>
> accomplishment of the public purposes for which it has been created
> and to the discharge of the public duties and responsibilities vested
> in the Administrator.

4.02 In the administration of all matters covered by this Agreement,

management officials and employees are governed by existing or future
applicable laws and regulations of appropriate authorities including,
but not restricted to, rules and regulations of the Office of Personnel
Management; by published Department of Energy regulations that apply to
BPA and are in existence at the time this Agreement was approved; and by
subsequently published Department of Energy policies and regulations
that apply to BPA and are required by law or by the regulations of other
appropriate authorities required by law.

4.03 In accordance with 5 USC 7106 management officials must retain

certain rights. It states:

\"(a) Subject to subsection (b) of this section, nothing in this chapter
shall affect the authority of any management official of any agency:

\"(1) to determine the mission, budget, organization, number of

employees, and internal security practices of the agency;

and

\"(2) in accordance with applicable laws-

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

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

\"(C) with respect to filling positions, to make selections for
appointments from-

\"(i) among properly ranked and certified candidates for promotion, or

\"(ii) any other appropriate source; and

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

\"(b) Nothing in this section shall preclude any agency and any labor
organization from negotiating-

\"(1) at the election of the agency, on the numbers, types, and grades
of employees or positions assigned to any organizational subdivision,
work project, or tour of duty, or on the technology, methods, and means
of performing work;

\"(2) procedures which management officials of the agency will observe
in exercising any authority under this section; or

\"(3) appropriate arrangements for employees adversely affected by the
exercise of any authority under this section by such management
officials.\"

5\. [RIGHTS OF EMPLOYEES]{.underline}

5.01 Each bargaining unit employee has the right to form, join, or
assist

any labor organization or to refrain from such activity, freely and
without fear of penalty or reprisal, and each employee shall be
protected in the exercise of such right. Except as otherwise provided in
law and this Agreement, such right includes the right 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 to engage in
collective bargaining with respect to conditions of employment.

5.02 Nothing in this Agreement requires an employee to become or remain
a

member of a labor organization or to pay money to the organization
except pursuant to a voluntary written authorization by a member for the
payment of dues through payroll deductions.

5.03 An employee who is being examined by one or more representatives of

the Employer in connection with an investigation may obtain a union
representative upon request if he/she reasonably believes that the
examination may result in disciplinary action against him/her. The
Employer shall annually notify employees in the unit of this right.

5.04 Each employee has a right to file a grievance. Each employee also
shall

be entitled to reasonable official time to bring matters of personal
concern to the attention of Union representatives, or to appropriate
management officials.

5.05 Compensation for damage to or loss of personal property incident to

service will be provided by Title 31, U.S.C., Section 3721 et.seq.

6\. [RIGHTS AND OBLIGATIONS OF THE UNION]{.underline}

6.01 As required by 5 USC 7114(a)(2)(A), the Union shall be given an

opportunity to be represented at any formal discussion between one or
more representatives of the Employer and one or more employees in the
unit or their representatives concerning any grievance or personnel
policy or practices, or other general conditions of employment.

6.02 (a) Official time will not be used for internal Union business.

\(b\) Union officers and stewards will be allowed a reasonable amount of
official time for the following activities: Attendance at meetings with
management officials; formal discussions that management has with one or
more bargaining unit employees under paragraph 6.01; impasse proceedings
and other statutory disputes involving a third party; meetings with
bargaining unit employees addressed in paragraph 5.04; requesting
written information, for representational purposes, from the Employer;
and attendance at Partnership Council and associated meetings governed
by the Council's charter.

\(c\) BPA will pay for BPA Union employees' travel and per diem costs
for travel as follows:

\(1\) not to exceed \$5,000 in a fiscal year in which the collective

> bargaining agreement is being renegotiated; and
>
> \(2\) not to exceed \$3,000 in any other fiscal year.
>
> The Union shall promptly and accurately report any such expenses that
> are reimbursed to employees to the Labor Relations staff. Partnership
> Council activities will be funded separately.

\(d\) Meetings with management officials shall take place during

> normal day-shift duty hours and union representatives who
>
> would otherwise be on duty shall not suffer any loss of pay or
>
> benefits.

\(e\) The Union shall attempt to reasonably distribute workload

> among officers and stewards, avoiding situations where
>
> excessive official time is spent by any officer/steward in relation
>
> to other officers/stewards.

\(f\) The number of employee Union officers/stewards permitted

official time in connection with authorized activities under

paragraph 6.02(b) is limited to one person for any given meeting

except as follows: (1) negotiations and subsequent impasse

proceedings, which is governed by law; (2) grievance arbitration

for which the grievant, the Union representative, and any

witnesses called by the Union or the Employer are also permitted

official time; and (3) Partnership Council and associated

meetings, which are governed by the Council's charter.

\(g\) Unless approval on an ongoing basis has been otherwise given, it

is understood that the officer or steward must first obtain his/her

supervisor's (or designated representative in the supervisor's

absence) approval to leave the work area before carrying out any

activities under paragraph 6.02(b). Procedures for obtaining

approval are as follows:

\(1\) As far in advance as possible of the proposed time use, the

officer or steward will inform their supervisor of the date

and amount of time requested, the purpose for which it is

requested (i.e., one of the purposes under paragraph

6.02(b)), and the location where the time would be used.

\(2\) In considering the request, the supervisor will review the

work situation of the office to ascertain if the employee can

be excused for all or part of the requested period. If the

work situation is such that the time cannot be allowed at

the time requested, the supervisor will inform the

officer/steward of the next available time when the work

situation will permit usage of the requested time.

> \(3\) If the officer/steward and supervisor agree on the amount
>
> and time requested, the time will be granted.
>
> \(4\) If the officer/steward and supervisor do not agree on the

amount and time requested, they will discuss the matter

and attempt to reach agreement. If agreement cannot be

reached, Labor Relations will be asked to intervene to

attempt resolution. If a mutually satisfactory resolution is

not reached, the employee or the Union may grieve the

matter.

#  (5) In addition to these procedures, supervisors may require

> the officer/steward to sign out and sign in on log forms
>
> when using official time.

6.03 Union officers and stewards shall accurately record all official
time used

on their Time and Attendance records, using the proper activity codes
identified by the Employer.

6.04 To the maximum extent possible, meetings with bargaining unit

employees, such as those described in paragraph 5.04 should occur away
from any open workstation, including those of union officers/stewards.
For example, conference rooms, other enclosed rooms, or cafeterias are
suitable locations. As a last resort, such meetings can be conducted
from workstations. However, if meetings are held at an aggrieved
employee's open workstation, or at the open workstation of any other
employee, the Union officer/steward shall first obtain the approval of
the supervisor of the work unit visited. This paragraph applies to all
such time spent by Union officers/stewards, regardless of whether it is
authorized time or on such person's own time. In addition, employee
Union officers/stewards shall make good faith efforts, when conducting
telephone conversations with bargaining unit employees, to ensure that
such conversations that are held from open workstations are not
disruptive to nearby co-workers.

6.05 Any Union-initiated contact by a Union official or steward with any

management official, for any representational purposes, shall be done
through Labor Relations. Any request by a Union official or steward for
information shall include a statement of the Union's particularized need
for the information, and also whether it is part of an informal or
formal grievance. The written statement of particularized need shall
include: (a) why the information is needed; (b) how the information will
be used; and (c) how the information's use relates to the Union's
representational responsibilities. Labor Relations shall then furnish
the information in a timely manner, or formally state the reason for
refusal.

6.06 In prescribing BPA written policy and rules relating to personnel

policies and practices, and matters affecting working conditions, as
required by Public Law 95-454 (Civil Service Reform Act), the Employer
will have due regard for the obligation to meet and confer with the
Union.

6.07 The Union may, upon written request through Labor Relations, be

granted 40 hours of excused absence, during the life of this Agreement,
for use among the negotiation team members who can be spared from their
jobs to assist in preparation for negotiations. The Union agrees to
report use of such time accurately to Labor Relations in a timely
manner.

7\. [MID-TERM NEGOTIATIONS]{.underline}

7.01 Appropriate working conditions, that affect employees covered by
this

Agreement, shall be determined through collective bargaining of this
Agreement between the Union and the Employer. Both negotiating
committees shall normally have equal representation.

7.02 Subject to paragraph 7.03, when the Employer proposes a change in

Personnel policy, practice, or other working conditions, the Employer
will notify the Union in writing. If the Union chooses to respond, it
must do so by providing the Employer with written proposals within 21
calendar days from the date of the Employer's proposal. This time limit
can be extended upon mutual agreement. It is understood that there may
be occasions when the Employer wishes to implement the change quickly
and a shorter response time may be appropriate (e.g., due to critical
business needs, if the issue is straightforward and non-controversial,
etc.). In such cases, the Employer will request that the Union respond
in a shorter time frame, but it is understood that if the Union needs
the full 21-day response time, it will notify the Employer as soon as
possible but no later than 10 days after submission of management's
proposal.

7.03 The Employer will notify the Union of any proposed
Employer-initiated

space move when floor plans are available and it is known both who will
be affected and the estimated effective date. The notification will
include the names of affected employees and the estimated effective
date. In the case of a move of an entire work unit or larger, the
provisions of paragraph 7.02 will apply. In the case of a move involving
less than an entire work unit, or a move that is temporary and not
expected to remain in place for more than 120 days, the provisions of
paragraph 7.02 will apply except that the response period for the Union
shall be one week, with no further extensions unless mutually agreed to.
In the event that immediate movement of an employee is necessary in
order to restore or retain orderly conduct in the workplace, it is
understood that the Employer is free to effect such move, and that the
Employer will notify the Union immediately; if the Union believes that
the move is unwarranted, it may pursue the merits of the move under the
negotiated grievance procedure. With respect to all moves under this
paragraph, it is understood that the Employer will provide copies of
proposed floor plans upon request by the Union for such plans.

8\. [DUES WITHHOLDING]{.underline}

8.01 In conformance with 5 USC 7115, eligible employee members of the

bargaining unit may authorize BPA to deduct from their pay initiation
fees and the periodic dues of the exclusive representative of the unit.

8.02 Withholdings shall include initiation fees and the regular periodic

amounts required to maintain the employee as a member in good standing,
but shall not include initiation fees, special assessments, back dues,
fines, and similar items.

8.03 Allotments for union dues must be authorized on the required form,

supplies of which are obtainable by participating unions from the
Government Printing Office, Washington, D.C. The Union is responsible
for informing its members of the allotment program and the use of the
standard forms.

8.04 Employees wishing to participate in the dues withholding program
must

obtain and complete the appropriate form from the Union. The completed
form will then be sent to the Payroll office, through the Labor
Relations office.

8.05 The Employer will normally process and implement an employee's

request for union dues withholding within two pay periods from date of
receipt.

8.06 Dues deductions will be made each pay period unless the employee\'s

net pay for the payroll involved is insufficient to cover the dues after
other legal and required deductions have been made.

8.07 Multiple levels of dues withholding are permissible; however, the

amount of dues to be withheld shall remain unchanged until the Union
certifies to Labor Relations that the amount of dues has changed for a
particular member, or members, showing the specific amount of the new
deduction. Such changes shall not be made more frequently than twice
each 12 months, measured from the date of the first change made by the
Union. Notifications of dues changes must be received by Labor Relations
at least 7 days prior to the beginning of the pay period for which the
change is effective.

8.08 An employee may revoke his/her allotment of Union dues by
submitting

two copies of the appropriate form, which can be obtained from the
Employer. The effective date of such revocation will not be until the
first full pay period one calendar year after authorization for
automatic union dues withholding was first effected. If not revoked at
the end of the first year, any subsequent revocation will be effective
on the first full pay period on or after September 1st, provided the
revocation is received by Labor Relations prior to September 1st. One
copy of the form will be sent by the Payroll Section to the Union.

8.09 Termination of dues withholding shall be automatic when an employee

is expelled from or ceases to be a member of the bargaining unit or when
the Union withdraws membership. Termination due to withdrawal of
membership shall be effective with the first complete pay period after
receipt by Labor Relations of written notice from the Union. The Union
is responsible for submitting such notices promptly. The Employer will
maintain a system of revoking dues allotments for employees who become
ineligible because of promotion, transfer, or other personnel action.

8.10 For purposes of maintaining a member in good standing, it shall be

considered that a member\'s dues have been paid as of the end of the pay
period from which the deduction is made.

8.11 Remittances to the Union of dues withheld shall be made as soon as

practical after each pay period from which deductions are made.
Remittances shall show the names of participating employees, the amounts
withheld, and the pay period from which deductions were made.

8.12 Upon determination by the Employer that dues withholding for an

employee was not timely effected, the Employer will pay the required
amount to the Union and recoup the funds from the employee's salary
through an adjustment using published Salary Offset procedures. Upon
determination that dues withholding for an employee was not timely
terminated and resulted in an overpayment to the Union, the Employer
will effect an adjustment to reimburse the employee and will recoup the
funds from the next remittance to the Union.

9\. [EMPLOYEE CONCERNS RESOLUTION PROCESS]{.underline}

9.01 The parties recognize the importance of having supervisors and

employees settle disagreements and misunderstandings promptly in an
informal manner. The employer and the union are jointly responsible for
supporting this objective. To accomplish this, the Union will encourage
the employee to discuss the concern informally with the first-level
supervisor or another management representative appropriate to the
situation, in a manner that will maintain workplace harmony and preserve
the employee's dignity. The supervisor or other management
representative shall meet promptly with the employee and make a good
faith effort to resolve the matter. In addition, both parties support
the appropriate use of available Alternative Dispute Resolution (ADR)
methods.

9.02 A concern presented under this procedure shall be identified as a

> potential grievance if unresolved and may be presented orally or in
> writing. The employee may request to have a Union representative at
> any discussion covered by this procedure.

9.03 The supervisor or other management representative will provide a

response to the concern, orally or in writing, within 14 calendar days
after the meeting. If the concern is not resolved to the satisfaction of
the employee, the employee may advance it to a formal grievance if it is
grievable and timely.

10\. [GRIEVANCE PROCEDURE]{.underline}

10.01 [Purpose and Principles]{.underline}. The purpose of this Article
is to provide a

mutually acceptable method for prompt and equitable settlement of
grievances. Both parties support the need for the grievance procedure to
be focused on solving problems through objective and open two-way
discussions. Employee(s) and their representatives will be free from
restraint, interference, coercion, discrimination, or reprisal in airing
a grievance and seeking its adjudication. In addition, both parties
support the appropriate use of available Alternative Dispute Resolution
(ADR) methods.

10.02 [Scope]{.underline}. A grievance means any complaint lodged under
this Article and not excluded under section 9.03:

\(a\) by any bargaining unit employee concerning any matter relating

to the working condition of the employee;

\(b\) by the Union concerning matters relating to the working

conditions of a group of employees, or by the Union on behalf of

an individual employee if requested by the employee; or

> \(c\) by any employee, the Union, or the Employer concerning:

\(1\) the effect or interpretation, or a claim of breach, of this

collective bargaining agreement; or

\(2\) any claimed violation, misinterpretation, or misapplication

of any law, rule, or regulation affecting conditions of

employment.

10.03 [Exclusions]{.underline}. These procedures do not apply to:

\(a\) Any claimed violations of Subchapter III of Chapter 73 of 5

U.S.C. (relating to prohibited political activities);

> \(b\) Retirement, life insurance, or health insurance;
>
> \(c\) A suspension or removal under 5 U.S.C. 7532;
>
> \(d\) Any examination, certification, or appointment;

\(e\) The classification of any position which does not result in the

reduction in grade or pay of any employee;

> \(f\) Fair Labor Standards Act complaints or appeals.

\(g\) Compensation claims filed with the Office of Worker's

Compensation Program;

> \(h\) Equal opportunity complaints;
>
> \(i\) Reduction-in-force appeals;
>
> \(j\) Performance ratings of successful or higher;

\(k\) Performance appraisal progress reviews and performance

counseling sessions;

\(l\) Granting or non-granting of a Quality Step Increase,

> Performance award, any kind of cash or honorary award, or
> performance-related compensation;

\(m\) Non-selection for promotion from a group of properly ranked

> and certified candidates;
>
> \(n\) Termination of a temporary promotion;

\(o\) Decisions to grant or not grant relocation bonuses and retention

allowances;

> \(p\) Termination of temporary employees;
>
> \(q\) Termination of intermittent employees;
>
> \(r\) Termination of probationary employees;
>
> \(s\) Determination to grant or not grant any separation incentive;
>
> \(t\) Any management determination under paragraph 4.03(a)(2)(D);

\(u\) The substance of a law, OPM, or other Federal regulation, or

#  Department of Energy policy that applies to BPA, unless BPA

has discretion over the subject disputed; or

\(v\) The substance of a BPA policy or procedure for which

negotiations or consultation with the Union was completed and

agreement was reached or the Union waived its bargaining rights.

10.04 This negotiated procedure shall be the exclusive procedure
available to

employees in the bargaining unit for resolving grievances on matters
that are not excluded in section 10.03. However, with respect to
appealable performance-based and adverse actions, as well as alleged
prohibited personnel practices, the aggrieved action or allegation may
be either grieved under this negotiated procedure or pursued using the
governing appellate procedure, but not both. For the purpose of this
paragraph, an employee shall be deemed to have exercised his/her option
when the employee files, in a timely manner, an action under the
governing appellate procedure or the employee (or Union on behalf of the
employee) files a timely grievance, in writing, under step 1 of this
negotiated procedure.

10.05 A violation by the Employer of any of the time limits in this
Article

> permits progression to the next immediate step in the grievance

procedure. A violation by the aggrieved employee or the Union of any of
the time limits may be recognized by the Employer as the grievance being
dropped. All time limits may be extended by mutual consent. This
paragraph does not apply to grievances filed by the Employer. In
addition, if both parties agree, at any step of this grievance
procedure, to use Alternative Dispute Resolution methods, the parties
shall agree on a reasonable and necessary extension of applicable time
limits.

10.06 An employee filing a grievance under this procedure may do so
without

representation, provided the Union is notified by the Labor Relations
Officer and given the opportunity to be present at any meeting between
the grievant and Management. Should an employee seek representation in
filing a grievance, it will only be Union representation or
representation approved by the Union. The parties recognize that if an
employee does not choose to be represented by the Union, he/she may
represent herself/himself. However, adjustments must be consistent with
the terms of this Agreement, and the Union will be given the opportunity
to be present at any formal proceedings.

10.07 The lodging of a complaint or the filing of a grievance shall not
be

construed as reflecting unfavorably on an employee\'s good standing,
performance, loyalty, or value to the organization. With respect to
grievances alleging violation of BPA's Harassment-Free Workplace
Program, both parties agree to adhere to BPA's policy that the
existence, details, and outcome of the harassment allegation will not be
disclosed to anyone who does not have an official need to know, in order
to protect the privacy rights of both the complainant and the accused.

10.08 [Grievance Procedure]{.underline}

#  (a) The grievance must be presented within 30 calendar days from

> the act or occurrence of which the complaint is made, or within 30
> calendar days of the date that the grievant becomes aware of the act
> or occurrence. The Union and the Employer may by mutual agreement
> extend these time limits.

##  (b) A grievance must be in writing, with the aggrieving situation and

> supporting circumstances described in a factual manner to the best of
> the grievant's knowledge and free from deliberate, reckless untruth.
> The written grievance must contain:
>
> \(1\) who the grievance is filed against;
>
> \(2\) the identity of the grievant and where employed;

\(3\) the action or omission being grieved and an allegation or

statement of the basis for the grievance (i.e., an

explanation of what occurred or failed to occur), the time

and date, if appropriate, and an allegation of how, if

known, the action or omission violates the employee's

rights under the contract, or any law, rule, or regulation;

\(4\) if the Article 9 process was used, a brief statement of what

was offered to the employee;

> \(5\) the corrective action desired; and
>
> \(6\) the name of the Union representative, if any.

\(c\) When the issue(s) and corrective action are not clearly defined,

> the Labor Relations staff will promptly request clarification from the
> grievant or her/his representative. The employee or representative
> shall discuss the issue(s) and the corrective action desired with the
> Employer's Labor Relations staff. If necessary, the employee or
> representative may be requested to amend or revise the grievance and
> will be permitted 7 days to do so, during which time all other time
> lines are suspended.

\(d\) A grievance, or a part of a grievance, may be withdrawn at any

time.

> \(e\) [Employee and Union Grievances]{.underline}
>
> [Step 1]{.underline}: The grievance must be submitted to the Labor
> Relations Officer. The Labor Relations Officer will provide to the
> Union a copy of any grievance that is received that does not designate
> a Union representative. The Labor Relations Officer will determine the
> appropriate management official to whom the grievance will be sent
> (typically, the first-level supervisor, unless the grievant has
> completed the Article 9 process, in which case it will be sent
> typically to the next higher level of supervision that has not been
> materially involved in the action(s) or omission(s) being grieved or
> any subsequent deliberations applicable to the subject grievance).
>
> The designated official shall meet with the grievant and render a
> written decision to the grievant within 14 calendar days from the date
> the designated manager receives the grievance. If denied in whole or
> in part, the official's decision will explain the reasons for such
> denial. The official's decision shall be communicated to the Labor
> Relations Officer who, in turn, will communicate it to the Union.
>
> If the grievant is not satisfied with the decision, the grievant may
> advance the grievance in writing to the next step of the grievance
> procedure within 7 calendar days of receipt of the decision.
>
> [Step 2]{.underline}: The grievance must be submitted to the Labor
> Relations Officer, who will determine the appropriate management
> official to whom the grievance will be sent. Grievances will not be
> referred by the Labor Relations Officer to management officials who
> were materially involved in the action(s) or omissions(s) being
> grieved or any subsequent deliberations applicable to the subject
> grievance. The Labor Relations Officer will provide a copy to the
> Union. The grievance must contain an explanation as to why the
> grievant was not satisfied with the Step 1 results.
>
> The designated official shall meet with the grievant and render a
> written decision to the grievant within 21 calendar days of receipt.
> If denied in whole or in part, the official's decision will explain
> the reasons for such denial. The official's decision shall be
> communicated to the Labor Relations Officer who, in turn, will
> communicate it to the Union. If the Union is not satisfied with the
> decision, the Union shall have 30 calendar days, after receipt of the
> decision, to invoke arbitration by written request to the Labor
> Relations Officer (except that any grievance regarding employee
> suggestions may not be advanced to arbitration.
>
> \(f\) Employer Grievances
>
> The Employer shall present a grievance concerning a particular act or
> occurrence within 30 calendar days of the date of the act or
> occurrence or within 30 calendar days of the date that the Employer
> became aware of the act or occurrence.
>
> A grievance by the Employer shall be filed in writing and presented to
> the Union's Business Manager. The Union shall respond in writing
> within 21 calendar days of receipt of the grievance. If the Employer
> is not satisfied with the Union\'s response, the Employer shall have
> 30 calendar days, after receipt of the Union\'s response, to notify
> the Union in writing of any decision to invoke arbitration.

11\. [ARBITRATION OF GRIEVANCES]{.underline}

11.01 If the Employer or Union fail to settle any grievance processed
under

> the negotiated grievance procedure, the grievance may be submitted to

arbitration by either party within 30 calendar days after receipt of a
final grievance decision.

11.02 Within 7 calendar days of the request for arbitration, the
grieving party

shall request the Federal Mediation and Conciliation Service to provide
a list of seven impartial persons qualified to act as arbitrators.

11.03 The parties shall meet within 30 calendar days after receipt of
such list.

If they cannot mutually agree upon one of the listed arbitrators, the
parties shall flip a coin to determine which party shall be the first to
strike a name from the list. Alternate striking of names will result in
a single name left to serve as arbitrator. The Federal Mediation and
Conciliation Service will be requested to select an arbitrator if either
party refuses to participate in the process.

11.04 Contact with the arbitrator shall not take place without
participation or

reasonable opportunity to participate by the Employer and the Union
during the duration of the dispute.

11.05 If the parties fail to agree on a joint submission of the issue(s)
for

arbitration, each shall submit a separate submission in advance of the
hearing and the arbitrator shall determine the issue(s) to be heard from
among those submitted.

11.06 The arbitrator\'s fees and expenses shall be borne equally by the

> Employer and the Union.

11.07 The arbitration hearing will be held, if possible, on the
Employer\'s

premises, during the regular day-shift hours of the basic workweek.
Employee participants shall be on official time if they would have
otherwise been in a duty status.

11.08 The parties agree to exchange lists of witnesses not later than 14

calendar days prior to the scheduled date of the hearing. Witnesses
called must have relevant testimony to the issues being heard. Either
party may challenge the appropriateness of a witness. Disagreements will
be provided to the arbitrator for resolution. When multiple employees
have identical testimony, the parties will make every effort to seek
stipulations to cover such testimony, or have depositions taken should
travel be involved.

11.09 Any party desiring a verbatim transcript of the proceedings will
bear the

cost of such transcript. Should both parties desire a transcript, the
cost shall be borne equally.

11.10 The arbitrator shall not have the power to add to, subtract from,
or

disregard any provision of this Agreement.

11.11 The arbitrator will be requested to render a decision as quickly
as

> possible but not later than 30 calendar days after the conclusion of
> the

hearing.

11.12 When an issue of grievability/arbitrability is part of the issue
to be heard

by the arbitrator, both issues will be heard at the same hearing. The
parties may mutually agree to present grievability/arbitrability issues
to the arbitrator by written briefs prior to a scheduled hearing on the
merits of the case.

11.13 The arbitrator\'s decision shall be binding on the parties absent
a filing of

an exception to the Federal Labor Relations Authority (FLRA) that
results in a decision impacting on the arbitrator\'s decision.

11.14 Any dispute over the interpretation or application of an
arbitrator\'s

decision shall be returned to the arbitrator for settlement, including
remanded awards.

12\. [LABOR-MANAGEMENT COOPERATION]{.underline}

12.01 The Employer and the Union recognize that they have a common

sympathetic interest in the power industry in the Pacific Northwest and
its development and that the promotion of their common interests will be
furthered and extended by meeting on an ad-hoc basis when requested by
either party. Such meetings shall take place during day-shift working
hours as a regular BPA activity.

12.02 In the interest of ensuring a cooperative relationship between the

## Employer and the Union, it is understood that prior to officially filing

an Unfair Labor Practice complaint, the initiating party shall inform
the other party in writing of their intent at least 10 calendar days in
advance of filing such complaint. The advance written notice shall
describe the circumstances of the dispute and both parties shall meet in
good faith to attempt to resolve the issue prior to the 10-day notice
expiring.

12.03 The Union acknowledges that the Employer has a continuing
obligation

> to improve the efficiency and effectiveness of operations in
> accordance

with the continuing guidance and express directives of the President,
Congress, regulatory agencies, and regional interests. The Employer and
the Union agree that BPA must meet its public responsibilities and must
operate in a businesslike manner within a competitive environment.
Hence, the Union agrees to promote the need, including encouraging
employees, to find better and more efficient methods of performance.

12.04 In the course of applying applicable statutes, regulations, and
policies,

the Employer will be guided by the plain language and underlying intent
of such rules. It is understood that interpretation, if needed, and
application of such rules will occur in a manner that is fair and
reasonable to both employees and the Employer.

13\. [EQUAL EMPLOYMENT OPPORTUNITY]{.underline}

13.01 The Employer and the Union agree to cooperate in providing equal

opportunity to all qualified persons without regard for age, sex, race,
religion, color, national origin, sexual orientation, or handicapping
condition and to cooperate in removing any discriminatory barriers.

13.02 The Union may assist in the recruitment process by directing

applicants to the employer without regard to age, sex, race, religion,
color, national origin, sexual orientation, or handicapping condition.

13.03 The Union and the Employer disapprove of any harassment violating

BPA's established harassment-free workplace policy and of any
discrimination relating to age, sex, race, religion, color, national
origin, sexual orientation, or physical/mental disability. The Employer
and the Union mutually agree to work cooperatively in providing all
employees with a workplace free of harassment, including sexual
harassment, and equal employment opportunity for all persons without
regard for age, sex, race, religion, color, national origin, sexual
orientation, or physical/mental disability. The Employer and the Union
will, consistent with diversity goals, promote full realization of equal
opportunity through a positive and continuing affirmative action
program.

14\. [FACILITIES AND SERVICES PROVIDED]{.underline}

14.01 The Employer will post to the Union Web site:

\(a\) Access to BPA Manual Chapters and Personnel Letters;

\(b\) A list of bargaining unit employees updated quarterly showing

each employee's name, duty station, title, grade level, and mail

routing; and

\(c\) Access to all BPA vacancy and interest announcements.

14.02 Space on bulletin boards and a Web site identified and established
by

the Employer shall be made available to the Union for posting of Union
information. The Web site will be accessible to Union members and its
business offices through both internal and external web servers. The
Employer will instruct new employees in access to the Union Web site.
The Union is responsible for posting, maintenance, and removal of its
material. The Union shall comply with the following in posting its
material:

\(a\) It is properly identified as material sponsored or posted by the

Union;

\(b\) It is limited to matters of direct concern to employees in
relation

to the Union or to BPA;

\(c\) It shall not be scurrilous, libelous, or of a partisan political

nature; and

\(d\) It shall not be for social or Union organizational purposes.

14.03 The Employer shall provide the Union one parking permit for use at

the BPA Headquarters Building by visiting union officials while on
official business, subject to the following conditions:

\(a\) The permit shall be made available subject to the needs of BPA

and the Employer may withdraw the use of such permit should it

become essential for the proper and efficient conduct of BPA

business as determined by the Employer.

\(b\) The use of this permit shall be governed by any existing or future

laws, rules, or regulations.

14.04 The Union may schedule the use of conference rooms for labor

management purposes, such as preparations for negotiations or grievance
processing.

14.05 Union representatives may use the BPA internal mail system and FTS

telephone system for communication to members of the bargaining unit,
and also use external mail systems with business agents, for
representational reasons other than internal union business.

BPA agrees to permit distribution of notices and circulars sponsored by
the Union to all employees in the Bargaining unit through normal
internal mail distribution facilities provided:

> \(a\) They be reasonable in size;
>
> \(b\) They are properly identified as material sponsored by the Union;

\(c\) They contain nothing that would identify them as official BPA

material or imply they are sponsored or endorsed by BPA;

\(d\) They are limited to matters of direct concern to employees in

relation to the Union or to BPA;

> \(e\) That no significant staff time or other costs are required; and

\(f\) the material distributed is not for organizational, political, or

social purposes.

Distribution cannot be for organizational, political, or social
purposes.

14.06 Upon request of an Employee, a union representative will consult
and

participate on the adequacy of the Employee\'s workspace.

15\. [CHARITY DRIVES]{.underline}

15.01 The Employer and Union agree that bargaining unit employees will
be

encouraged to participate in worthwhile charity drives; however, no
employee will receive pressure to contribute to a charity to which the
employee does not wish to contribute. The parties also agree that no
rights or privileges that would otherwise be extended to any employee in
the unit will be withheld, nor any reward be given or reprisal be made
against any employee who contributes or refrains from contributing to
any charity drive.

16\. [SAFETY AND HEALTH]{.underline}

16.01 The Employer has an obligation to comply with applicable Federal
laws

and regulations relating to the safety and health of employees and will
take such additional steps as may be necessary to make adequate
provisions therefor.

16.02 Employees have an obligation to comply with the safety rules of
the Employer.

16.03 The Union joins the Employer in support of safety and accident

prevention. Stewards shall promptly, upon receipt, in their Union
capacity, of reports of unsafe acts or working conditions from
employees, report such findings, through the Labor Relations Officer, to
the Safety Officer, along with recommendations for corrective measures
of any unsafe conditions discovered.

16.04 Passenger vehicles will be equipped with air-conditioning and an

#  AM/FM radio. Tire chains, cable chains, and/or studded tires, will be provided at management\'s discretion when weather conditions warrant. An ice scraper and de-icer chemical shall be provided during periods of winter weather; however, the driver will be responsible for ensuring these items are in the vehicle. Cruise control will be provided on newly acquired or leased passenger vehicles routinely used for long-distance driving of 100 miles (round trip) or more per trip.

16.05 Permanently staffed work facilities provided by BPA will meet all

applicable OSHA standards for cleanliness and safety.

16.06 All permanently staffed BPA facilities shall have eating areas
with

tables, and chairs or benches, in good repair.

17\. [HOURS OF WORK]{.underline}

17.01 The standard workday for full-time employees shall normally
consist of

8 hours per day.

17.02 The standard workweek for full-time employees shall normally
consist of 40 hours, including 5 consecutive standard workdays, normally

Monday through Friday.

17.03 Deviations from the standard workday and workweek can be made by

> the Employer to meet work requirements, but as much notice as

practicable will be given to the employees affected.

17.04 The current work schedule (AWS) used for Power Schedulers shall

> remain in effect. Either management or the Union may terminate the

AWS and return the employees to a 8-hour shift schedule by giving notice
from 30 to 90 days prior to any anniversary date of this Agreement. Upon
such notice, employees will be returned to an 8-hour shift schedule at
the beginning of the first pay period on or after the anniversary date.
Both management and the Union may mutually agree to revision or
termination at any time.

17.05 Employees may request to work credit hours on a regular basis in
order

to accrue sufficient credit to take subsequent work days off, either
periodically or on a regular basis. The Employer shall consider and
approve such requests subject to the following determinations made by
the Employer:

\(a\) That the work performed to earn credit hours is at least as

beneficial to the organization as time worked during regular

hours;

\(b\) That the employee's periodic or regular absences, due to using

credit hours, do not unduly interfere with meeting the work

demands of the organization;

\(c\) If multiple requests for periodic or regular absences occur within

a work unit, that the absences are scheduled in a manner that

permits adequate office/activity coverage.

18\. [DISCIPLINARY AND ADVERSE ACTIONS]{.underline}

18.01 Disciplinary or adverse action will be consistent with applicable
laws and regulations governing such actions.

18.02 When a letter of proposed disciplinary or adverse action is
presented

to an employee, he/she shall have the right to Union representation to
answer such proposed action. When an employee is disciplined or when a
letter of proposed disciplinary or adverse action is presented to an
employee, he/she shall have the right to Union representation. With
respect to such proposed actions, no final decision shall be made by the
Employer until at least 10 days after the letter of proposal has been
delivered to the employee.

18.03 In the event the employee is issued a notice of decision on a

disciplinary action or adverse action which is unfavorable to the
employee, the employee may seek the assistance of the Union in appealing
the disciplinary or adverse action.

19\. [REDUCTION IN FORCE]{.underline}

19.01 The Employer agrees to notify the Union and affected employee(s)
of

> any reduction in force as far in advance as practicable under the

circumstances, to conduct such reductions in accordance with applicable
laws and regulations, including providing adversely affected employees
with all benefits, including grade and pay retention, to which they are
entitled under applicable regulations.

19.02 Once a specific reduction-in-force proposal is prepared by the
Employer, the parties will diligently meet their bargaining obligations

regarding matters that are not otherwise addressed in this Article.

19.03 The Employer agrees to register adversely affected employees in

> programs operated for the purpose of making applications of displaced

Federal employees available to other Federal agencies.

19.04 The Employer will consider any employee, who has received a notice
of

separation, for any vacant position in the same commuting area, provided
the employee meets minimum qualification requirements.

19.05 The Employer will permit an employee, who has received a notice of

separation, excused absence for the purposes of interviewing or taking
tests for job opportunities outside of BPA, provided that the employee
presents reasonable evidence that a bona fide opportunity exists.
Supervisors will also consider excused absence, subject to the same
conditions in the preceding sentence, for employees who might be
displaced from their competitive levels. The total amount of excused
absence granted under this paragraph may not exceed 40 hours in a
calendar year.

20\. [POSITION CLASSIFICATION]{.underline}

20.01 Position descriptions reflect the major duties which are
officially assigned and actually performed on a regular and recurring
basis.

20.02 Each employee will be provided a copy of his/her official position

description, as soon as possible after date of entrance on duty, and
will be furnished all subsequent changes.

20.03 An employee may appeal at any time, the current classification

(title, series, grade, and/or pay category) of his/her official position
through the appropriate appeals procedure.

20.04 Except for reorganizations, a supervisor will consult with the

incumbent of a position when the supervisor modifies the duties in the
position description for the employee's existing position. Such
consultation will occur before the position description is finalized. An
employee may request the participation of a Union representative during
any such meeting the supervisor has with the employee.

20.05 The Employer will consult with the Union when the Employer
develops

> or modifies a program to classify any professional occupational group.

21\. [TRAINING]{.underline}

21.01 The Employer and the Union agree that the training and development

> of employees within the bargaining unit is a matter of significant

importance. The Employer will, as funds and work schedules permit, make
available to employees the training and development it deems necessary
for the effective performance of employees. Work assignments in new or
different subjects are an example of potential development
opportunities.

21.02 When formal training is given primarily to prepare an employee for

promotion to a position for which the employee would be required to
competitively compete, selection of the employee for such training will
be made under competitive promotion procedures.

21.03 When approved by supervision and where allowable by law and
regulation professionals may:

\(a\) Be allowed official time during normal work hours for

### Continuing education, refresher courses, and examinations in

> order to meet qualifications for State professional registration, or
>
> other professional certification requirements, related to their
>
> jobs, and receive reimbursement for such costs;

\(b\) Be allowed to take educational classes related to their jobs and

> receive reimbursement for the classes, consistent with published BPA
> academic grading criteria policy, and also be allowed to take such
> classes on official time during normal work hours when such
> attendance, as determined by supervision: (1) does not unduly disrupt
> work; and (2) will assist the Employer in meeting future staffing
> needs for which the Employer anticipates difficulty in recruiting or
> retaining necessary skills;

\(c\) Receive reimbursement not to exceed \$400.00 per year for the

> dues and fees of membership in professional associations related to
> their jobs (this excludes payments that enable an employee to meet
> minimum qualifications for his/her position and also excludes payments
> for occupational license fees);

\(d\) Attend meetings of professional organizations related to their
jobs

on official time and be reimbursed for the fees and expenses of

such attendance and;

\(e\) Be allowed official time to give talks on professional matters at

local schools, service organizations and other like events, when it

is in the interest of BPA.

21.04 Within 30 calendar days of receipt of a request for payment of

professional dues, management will decide whether to approve the request
and will notify promptly the employee of its decision. If management
decides not to approve payment of the dues, the employee will be given
the reasons for which payment has been denied. If management decides to
approve payment, management will forward the request for payment
promptly.

22\. [OVERTIME]{.underline}

22.01 Overtime will be paid in accordance with the provisions of
applicable laws and regulations.

22.02 It is understood that the assignment of overtime work is a
function of

Management and is done to ensure mission accomplishment. Both the Union
and the Employer recognize that it is in both parties\' best interest to
assure that work is scheduled efficiently in order to minimize the need
for overtime. Overtime shall be assigned taking into account the skills
and knowledge needed to perform the job efficiently and, secondarily, it
is desirable to spread such overtime work amongst qualified employees in
a manner so as to avoid excessive overtime for any individual employee.
The Employer will attempt to avoid overtime for employees who are
fatigued due to working extended hour for the Employer. An employee may,
upon request, be released from overtime, provided her/his reasons are
acceptable to the supervisor and another qualified employee familiar
with the work is available. The Employer agrees to give an employee as
much advance notice as practicable when the employee is required to work
overtime.

22.03 The Employer will normally order performance of overtime work in

advance. The Employer may also approve overtime after it is worked. If
an employee works overtime without advance approval from the Employer,
the Employer will assess the need and justification for the overtime
work. If such work met the present needs of the Employer, as determined
by the management official authorized to approve overtime, it shall be
approved. However, it is further understood that the Employer has the
authority to order an employee to not work overtime under any
circumstances if the priority of an employee's work assignments do not
warrant overtime work, if the employee's work performance is not at a
successful level, or if the employee is otherwise not performing
productively while in a duty status.

22.04 The Employer agrees to make relevant overtime records available
for

joint review by the Employer and the Union when there is a complaint or
grievance regarding overtime.

22.05 Both the Union and the Employer recognize that it is in both
parties'

> best interest that all management-ordered or -approved overtime be

compensated.

22.06 Employees may, at their option, elect compensatory time off in
lieu of

paid overtime (except those employees on a fixed work schedules must be
paid for overtime that is regularly scheduled overtime). However,
supervisors may require that irregular or occasional overtime earned by
an exempt employee whose rate of basic pay exceeds the maximum
equivalent rate of basic pay for GS-10 be paid as compensatory time off
rather than as paid overtime.

22.07 An employee who performs overtime work on a normal non-work day

shall receive overtime pay for the overtime worked. A minimum of 2 hours
overtime will be paid as required by law for those employees called to
work if they would otherwise have had the day off.

23\. [TRAVEL]{.underline}

23.01 Employees required to travel shall be subject to the requirements,

> including reimbursement rules, of applicable regulations and BPA

policy.

23.02 Insofar as practicable, unit employees should not be required to

travel during non-duty hours. If it is necessary for an employee to
travel outside regular working hours and such travel does not qualify
for overtime pay, the reasons for ordering travel at those hours will be
recorded. A copy of the statement will be available at the employee\'s
request.

23.03 BPA will provide for the advancement of funds to employees for
travel

expenses limited to the estimated out-of-pocket expenses to finance
required travel, in accordance with applicable regulations and BPA
policy. Such advances are to be reserved and used solely for job-related
travel purposes and refunded when no longer needed for such purposes, or
as determined by BPA.

23.04 The Employer and bargaining unit employees have a shared interest
in

processing travel vouchers in a timely manner. Therefore, employees are
expected to provide needed information regarding their travel expenses
within 2 weeks of completing travel. Such information is provided to the
supervisor or designated support staff. Within one calendar month of the
time an employee provides such information, management will have the
required travel vouchers completed, or will allow the employee time to
complete his own voucher, and will forward the voucher in due form to
the BPA Travel Section or other designated auditing and processing
section.

23.05 Under limited conditions, an employee traveling on official
business

may transport non-official passengers in a government owned, leased, or
privately owned vehicle. Such transportation must have advance
management approval and is governed by applicable government regulations
and BPA policy.

23.06 Employees on official travel who are using a privately-owned
vehicle

> may voluntarily return to their residence or official duty station
> during

non-work hours or on a non-work day, provided that the supervisor
determines that the work situation permits such release. Such employees
will be reimbursed their full transportation costs (mileage) without
regard to the amount of per diem saved. Subject to the supervisor's
approval, a government-owned or -leased vehicle may be used at
Government expense to return to the official duty station.

23.07 Employees on official travel who are working more than 250 miles

from their official duty station or residence will be permitted to use
commercial transportation at the Employer's cost to return to such duty
station or residence, provided that such travel will occur no more often
than once every 30 days (initially only after 30 days in a travel
status) and occurs during non-work hours/days.

23.08 When an employee is on official travel and airline or lodging

reservations are not made accurately by someone else, BPA shall
reimburse the employee for reasonable expenses, consistent with
applicable regulations, incurred by the employee to secure alternate air
travel or lodgings. In such cases when the employee discovers such a
scheduling error, the employee is responsible for making arrangements at
the least cost to the government that does not substantially
inconvenience the employee.

24\. [CONTRACTING OUT]{.underline}

24.01 The Union will be notified in advance of any contracting out

> determination made that has an adverse impact on bargaining unit

employees, including contracting out of a permanent BPA position. If the
Union requests an opportunity to discuss the matter within 5 work days
of receipt of the notification, such discussion will be held within 2
weeks of receipt of such request, after which management\'s final
decision will be made and announced to the Union.

24.02 Arrangements for employees adversely affected by the contracting
out

of work will be communicated to the Union prior to such arrangements
being implemented.

25\. [ANNUAL LEAVE]{.underline}

25.01 Annual leave may be allowed at any time during the year having due

regard for the Employer\'s needs. An employee\'s request to take annual
leave normally will be granted when the employee has given advance
notice acceptable to his/her supervisor, unless such absence would cause
an undue interruption of work. Requests for annual leave for emergency
reasons will be approved upon submission of an explanation acceptable to
the supervisor. When written requests for annual leave are denied, the
employee will be notified in writing of the reasons for denial, upon
request by the employee.

25.02 Except in emergencies, all annual leave must be requested with

> sufficient time to allow the Employer an opportunity to arrange, as

needed, for work to be redistributed.

25.03 Supervisors and employees have a joint responsibility to monitor
leave

balances to avoid excess leave balances at the end of the leave year
that might result in loss of accrued leave. Employees, whose leave
balances are such that loss of accrued leave might occur, will be
counseled by the supervisor in regard to scheduling the reduction of
such excess leave. In addition, the supervisor will work with the
employee to identify options for using or restoring such leave.
Supervisors and employees have a joint responsibility for reading and
understanding reminders that are published to all employees, advising
them of the requirements that must be met in order to restore any such
leave that is lost.

25.04 Employees who have requested annual leave 30 days or more in

> advance and had it approved, shall not have their choice of time

disturbed to accommodate an employee who must use or lose annual leave.

25.05 The Employer agrees to grant annual leave to each employee on
their

birthday if desired by the employee unless such absence would cause an
undue interruption of work.

25.06 Employees are authorized to use annual leave in accordance with
the

provisions of the Family and Medical Leave Act.

25.07 Supervisors shall make good faith efforts to enable an employee to
use

up to 5 days of annual leave for the following situations:

\(a\) For situations covered by the Family Friendly Leave Act (such

annual leave is in addition to an employee's entitlement to use

sick leave under such Act);

> \(b\) In connection with the employee's marriage;

\(c\) In connection with a court hearing regarding the employee's

divorce or custody of the employee's child.

25.08 Any employee request for annual leave on a workday that occurs on
a

> religious holiday, associated with the employee's religious faith,
> will be

approved unless such absence would cause an undue disruption of work.

26\. [SICK LEAVE]{.underline}

26.01 Employees who are unable, because of illness or injury, to report
for

duty will notify their supervisor, or other office staff if the
supervisor is unavailable, as soon as practicable, considering the
employee's physical condition. An individual employee who is placed
under "leave control" procedures via written instructions from a
supervisor, due to excessive use or suspected abuse of leave by that
employee, shall follow such instructions for notifying his/her
supervisor of any absence due to illness or injury.

26.02 The Union recognizes the importance of sick leave and the
obligation

of the employee, as well as the advantage to him/her, to utilize it only
in the following circumstances: When incapacitated for the performance
of duty by sickness or injury; for valid medical, dental, or optical
appointment; and for other uses authorized by applicable regulations.
The Union therefore agrees to support the Employer in efforts to
eliminate unwarranted or improper use of sick leave. Employees are also
entitled to use sick leave in accordance with the provisions of the
Family and Medical Leave Act and the Family Friendly Leave Act.

26.03 Employees may be required to furnish administratively acceptable

evidence to substantiate a request for approval of sick leave if such
leave exceeds three consecutive workdays. Employees shall not be
required to furnish a medical certificate to substantiate a request for
approval of sick leave if such leave is three days or less, except in
individual cases where there is reason to believe the employee is
abusing sick leave. In such cases, a supervisor may require an employee
to furnish a medical certificate or administratively acceptable evidence
for any future period of sick leave used by the employee, after the
supervisor gives him/her notice of the requirement.

27\. [COURT LEAVE]{.underline}

27.01 An employee (other than intermittent) is entitled to Court Leave
to the

extent necessary to serve on a jury or to participate in judicial
proceedings in a non-official capacity as a witness on behalf of a State
or local government.

27.02 Upon being notified an employee needs Court Leave, the Employer
will

advise the employee of the entitlements which are relevant to the
employee in his/her particular situation.

28\. [LEAVE WITHOUT PAY]{.underline}

28.01 LWOP is not a matter of right to employees except as provided by
the

Family and Medical Leave Act. However, employees may request LWOP and
will have such requests duly considered by the Employer.

28.02 Among reasons for which LWOP may be granted is for the purpose of

serving on a temporary basis as an officer or representative of the
Union.

28.03 Requests for LWOP are to be submitted through normal supervisory
channels.

29\. [EXCUSED ABSENCE]{.underline}

29.01 When voting polls are not open at least three (3) hours either
before

or after an employee\'s regular hours of work, then the employee will,
upon written request, be granted an amount of Excused Absence by the
supervisor which will permit the employee to report for work up to three
(3) hours after the polls are open or leave work up to three (3) hours
before the polls close, whichever requires the lesser amount of time.

29.02 Employees may be excused for the purpose of registering to vote on

the same basis as for voting, provided that they cannot register during
a non-duty day. Except in emergencies, the Employer shall not assign
employees to duties away from their headquarters on election day without
having provided the employee an opportunity to vote at the poll or by
absentee ballot.

29.03 Employees participating in blood donor programs will be excused
for up to four (4) hours on the day such a donation is made. The purpose

for the excused absence is to allow the employee to participate in the
program without loss of pay or charges accruing against leave accounts.

30\. [HOLIDAYS]{.underline}

30.01 Eligible employees shall be entitled to all holidays that are now

established by law and those that may be added by law or designated by
Executive Order.

30.02 On a holiday or day designated as a holiday, which the employee is

not required to work, an eligible employee shall receive pay at the
employee\'s basic rate of pay, plus any appropriate premium pay, for the
employee\'s scheduled tour of duty.

30.03 An eligible employee who performs work that is not overtime work
on

> a holiday, or a day designated as a holiday, shall receive, in
> addition to

the pay the employee would normally receive, holiday pay at a rate equal
to the employee\'s basic rate of pay.

31\. [PROMOTIONS]{.underline}

31.01 The Employer will temporarily promote an employee who is, or was,

assigned to a higher-graded bargaining unit position for 21 calendar
days, or more, provided that the employee meets the qualifications and
time-in-grade requirements and is assigned the full range of the duties
and responsibilities of the higher-graded position. The effective date
of the promotion will be the first full day that the employee serves in
the higher-graded position. Temporary promotions will not be made when
the period of service in the higher-graded position is less than 21
calendar days.

31.02 Minimum open periods for vacancy and interest announcements shall

> be determined by management, with due consideration to factors such

as business needs, including need for expedited filling of positions, as
well as employee needs for sufficient time to complete and submit
applications. Except in cases of emergency, vacancy and interest
announcements for positions or details of more than three months will be
posted at the web site identified in paragraph 14.01(c) at least 10
calendar days before the closing date.

31.03 The Employer shall continue to establish and maintain a
competitive

technical career path development and staffing program, providing for
advancement of covered professional positions up to and including grade
15 based on agency mission needs. The Employer will consult with the
Union throughout any modification of the program.

31.04 Whenever a recruiting bulletin is issued to fill a position, a
vacancy

announcement corresponding to the recruiting bulletin will be issued at
approximately the same time. In such cases, a recruiting bulletin shall
not be offered at lower grade or qualifications levels than is announced
in the corresponding vacancy announcement.

32\. [PERFORMANCE]{.underline}

32.01 Employees will receive a written performance appraisal, normally

completed on an annual basis, in accordance with the BPA Performance
Appraisal System and applicable regulations. Performance appraisals will
be discussed with employees in private. Informal discussions between the
employee and the supervisor concerning performance are a normal part of
supervision and should occur throughout the appraisal period.

32.02 Supervisors will give employees a reasonable time in which to
bring

their performance up to an acceptable level before proposing a reduction
in grade or removal from their positions under Part 432 procedures in
title 5 of the Code of Federal regulations.

33\. [EMPLOYEE PAYMENTS]{.underline}

33.01 Electronic Funds Transfer (EFT) shall be the primary method for

> paying employees, including salary as well as other payments, as

determined by management. In addition to mandatory exclusions from this
policy set by statute or regulation, other exclusions from this policy,
if permitted by governing regulations are: (a) temporary and seasonal
employees with appointments less than 180 days; (b) employees for whom
hardship exists as determined by management on a case-by-case basis; and
(c) employees stationed in locations where no financial institution
capable of receiving EFT payments is available within reasonable
distance of the duty station or temporary duty site.

34\. [UNION STEWARDS]{.underline}

34.01 The Employer will recognize a reasonable number of stewards

designated from the bargaining unit by the Union to represent unit
employees. The Union shall provide the Employer, in writing, and shall
maintain with the Employer on a current basis, a complete list of all
authorized stewards, together with the work location of each steward and
the designation of the group of employees or area each is authorized to
represent. It is agreed by the Union and the Employer that the interests
of both parties will be best served by developing a climate of mutual
respect and good working relationships within the ranks of their
respective representatives

34.02 In order to reduce the amount of time away from their respective
work

areas, employees and union representatives will have access to the
Employer\'s telephone system to contact each other and conduct brief
conversations. However, the use of the telephone will be limited to
labor-management business.

35\. [CONTINUITY OF WORK]{.underline}

35.01 It is understood and agreed that the employees and Union covered
by

this Agreement do not have any rights individually or collectively to
call or engage in a strike, work stoppage, or slowdown, or otherwise
interfere by concerted action in any way with the expeditious
accomplishments of assigned work or the public purposes for which the
Bonneville Power Administration has been established, or condone any
such activity by failing to take affirmative action to prevent or stop
it.

36\. [PRINTING AND DISTRIBUTION OF THE AGREEMENT]{.underline}

36.01 Following approval of this Agreement, the Employer shall make an
electronic copy available to the Union. The Union is permitted to
electronically transmit it to bargaining unit employees via the
Employer's e-mail system.

37\. [DUTY STATIONS]{.underline}

37.01 Each employee shall be assigned an official permanent duty
station.

> Changes therein may be made at the option of the Employer to carry

out its mission.

37.02 Thirty days written notice shall be given in case of a change of
official

permanent duty station for an employee outside of his/her current
commuting area that is ordered by the Employer. The Employer agrees to
consider requests for extensions. If the Employer is unable to
accommodate the employee, the Employer shall document the reasons for
the denial in writing and provide a copy to the employee. In the event
that the employee believes that such change in duty station would
present a significant and enduring hardship to the employee, the
employee may request that the Employer consider such hardship and
reconsider its decision. If the Employer is unable to accommodate the
employee, the Employer shall document the reasons for the denial in
writing and provide a copy to the employee.

37.03 Temporary duty stations may be established by the Employer where

> suitable board and lodging can be obtained or provided. As much

notice as is practicable shall be given for assignment to a temporary
duty station.

IN WITNESS WHEREOF the parties hereto have entered into this Agreement
this 4th day of February 1999.

FOR THE EMPLOYER: FOR THE UNION:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Chairperson Chairperson

Negotiating Committee Negotiating Committee

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Executive Secretary Member

Negotiating Committee Negotiating Committee

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Member Member

Negotiating Committee Negotiating Committee

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Member Member

Negotiating Committee Negotiating Committee

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Member Member

Negotiating Committee Negotiating Committee

APPROVED:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_

Administrator Date

Bonneville Power Administration

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