---------------------- ------------------------- ----------------------
                                                   

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**VA / NFFE MASTER AGREEMENT**

**Part A**\
**GS Professional and Nonprofessional Employees**

Part B\
[**Title 38
Employees**](http://www.permerica.com/nffe.htm#PartB%23PartB)\
[**\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**](http://www.permerica.com/nffe.htm#PartB%23PartB)

**Department of Veterans Affairs**

Labor-Management Agreement

between the

Department of Veterans Affairs

and the Council of Veterans Administration

Locals, National Federation of Federal Employees

Part A - GS Professional and Nonprofessional Employees

Part B - Title 38 Employees

> Wgton, D.C. 2042

**GS Professional and Nonprofessional Employees**\
 

**CONTENTS**

+-------------+-----------------------------------------+-------------+
| **ARTICLE** | **TITLE**                               | **PAGE**    |
+-------------+-----------------------------------------+-------------+
|             |                                         |             |
+-------------+-----------------------------------------+-------------+
|             | Preamble                                | 1           |
+-------------+-----------------------------------------+-------------+
| 1           | Recognition and Unit Description        | 2           |
+-------------+-----------------------------------------+-------------+
| 2           | Union Rights and Representation         | 2           |
+-------------+-----------------------------------------+-------------+
| 3           | Employee Rights                         | 7           |
+-------------+-----------------------------------------+-------------+
| 4           | Management Rights                       | 10          |
+-------------+-----------------------------------------+-------------+
| 5           | Voluntary Allotment of Union Dues       | 10          |
+-------------+-----------------------------------------+-------------+
| 6           | Grievance Procedure                     | 12          |
+-------------+-----------------------------------------+-------------+
| 7           | Arbitration                             | 16          |
+-------------+-----------------------------------------+-------------+
| 8           | Negotiations                            | 19          |
+-------------+-----------------------------------------+-------------+
| 9           | Use of Official Facilities and Services | 21          |
+-------------+-----------------------------------------+-------------+
| 10          | Awards and Suggestion Programs          | 23          |
+-------------+-----------------------------------------+-------------+
| 11          | Merit Promotion                         | 24          |
|             |                                         |             |
|             | (Not Applicable to Individuals          |             |
|             | Appointed Under 38                      |             |
|             |                                         |             |
|             | U.S.C. 7401 (3) And Individuals         |             |
|             | Appointed Under 38                      |             |
|             |                                         |             |
|             | U.S.C. 7405 to Occupations Listed in    |             |
|             | 7401 (3))                               |             |
+-------------+-----------------------------------------+-------------+
| 12          | Safety and Health                       | 29          |
+-------------+-----------------------------------------+-------------+
| 13          | Leave                                   | 34          |
+-------------+-----------------------------------------+-------------+
| 14          | Pay, Leave Statements and Per Diem      | 40          |
+-------------+-----------------------------------------+-------------+
| 15          | Performance Appraisal System            | 42          |
+-------------+-----------------------------------------+-------------+
| 16          | Action Based on Unacceptable            | 44          |
|             | Performance                             |             |
+-------------+-----------------------------------------+-------------+

i

+-------------+-----------------------------------------+-------------+
| **ARTICLE** | **TITLE**                               | **PAGE**    |
+-------------+-----------------------------------------+-------------+
| 17          | Disciplinary and Adverse Actions        | 45          |
|             |                                         |             |
|             | (Not Arising Out of or Involving a      |             |
|             | Question of Professional Conduct or     |             |
|             | Competence)                             |             |
+-------------+-----------------------------------------+-------------+
| 18          | Employee Assistance Program             | 49          |
+-------------+-----------------------------------------+-------------+
| 19          | Equal Employment Opportunity and Upward | 51          |
|             | Mobility                                |             |
+-------------+-----------------------------------------+-------------+
| 20          | Position Descriptions                   | 52          |
|             |                                         |             |
|             | (Not Applicable to Individuals          |             |
|             | Appointed Under 38                      |             |
|             |                                         |             |
|             | U.S.C. 7406 to Occupations Listed in    |             |
|             | 7401 (3))                               |             |
+-------------+-----------------------------------------+-------------+
| 21          | Workweek, Hours of Work and Flextime    | 53          |
+-------------+-----------------------------------------+-------------+
| 22          | Overtime                                | 54          |
+-------------+-----------------------------------------+-------------+
| 23          | Reduction In Force and Reorganization   | 55          |
+-------------+-----------------------------------------+-------------+
| 24          | Out Placement                           | 57          |
+-------------+-----------------------------------------+-------------+
| 25          | Contracting Out Work                    | 57          |
+-------------+-----------------------------------------+-------------+
| 26          | Training                                | 58          |
+-------------+-----------------------------------------+-------------+
| 27          | LMR Training                            | 60          |
+-------------+-----------------------------------------+-------------+
| 28          | Orientation of New Employees            | 60          |
+-------------+-----------------------------------------+-------------+
| 29          | Probationary/Trial Period Employees     | 61          |
+-------------+-----------------------------------------+-------------+
| 30          | Sexual Harassment                       | 62          |
+-------------+-----------------------------------------+-------------+
| 31          | Child Care                              | 63          |
+-------------+-----------------------------------------+-------------+
| 32          | Parking                                 | 63          |
+-------------+-----------------------------------------+-------------+
| 33          | Miscellaneous                           | 63          |
+-------------+-----------------------------------------+-------------+
| 34          | Duration                                | 65          |
+-------------+-----------------------------------------+-------------+
|             | Appendix                                | App. I-1    |
+-------------+-----------------------------------------+-------------+

ii

**PART A**

Department of Veterans Affairs

and the

National Federation of Federal Employees

**PREAMBLE**

Pursuant to the policy set forth by the Civil Service Reform Act of 1978
regarding Federal Labor-Management Relations, the following Articles of
this National Agreement, together with any and all supplemental
agreements and/or amendments which may be agreed to at later dates or by
the representatives of the parties at the local level, constitute a
total agreement by and between the Department of Veterans Affairs,
hereinafter frequently referred to as the Employer, and the National
Federation of Federal Employees, Council of Consolidated Veterans
Administration Locals, hereinafter frequently referred to as the
Council, for the employees in the unit described below, hereinafter
referred to as the Employees.

This Agreement is entered into pursuant to the Certification of
Consolidation of Units, FLRA Case 3-UC-11, dated October 1, 1981.

WHEREAS, the well-being of the employees and efficient administration of
the Government are benefited by providing employees an opportunity to
participate in the formulation and implementation of personnel policies
and practices affecting the conditions of their employment;

WHEREAS, collective bargaining through the Union -

\(A\) safeguards the public interest,

\(B\) contributes to the effective conduct of public business,

\(C\) facilitates and encourages the amicable settlements of disputes
between employees and their employers involving conditions of
employment;

WHEREAS, the public interest demands the highest standards of employee
performance and the continued development and implementation of modern
and progressive work practices to facilitate and improve employee
performance and the efficient accomplishment of the operations of the
Government; and

WHEREAS, this Agreement promotes the ease and efficiency of the
Employer\'s operation;

NOW, THEREFORE, the parties to this Agreement, intending to be bound
hereby, agree as follows:\
 \
**Article 1**

**Recognition and Unit Description**

**Section 1 - Recognition**

The Employer recognizes that the National Federation of Federal
Employees, Veterans Administration Council is the exclusive
representative of all employees in the consolidated units described in
FLRA Case No. 3-UC-11.

**Section 2 - Units**

This agreement is applicable to the Department of Veterans Affairs GS
professional and nonprofessional employees covered by the Certification
of Consolidation of units in FLRA Case No. 3-UC-11, issued October 1,
1981 (Appendix A). The parties further agree that this Agreement will
apply to additional groups of Department of Veterans Affairs employees
(other than Physicians, Dentists, Podiatrists, Optometrists, Physician
Assistants, Nurses, Nurse Anesthetists and Expanded-Function Dental
Auxiliaries) for whom NFFE is certified as exclusive representative into
the consolidated unit.\
 \
 

**Article 2**

**Union Rights and Representation**

**Section 1 -** The Union is the exclusive representative of the
employees in the bargaining unit and is entitled to act for and
negotiate agreements covering all of the employees in the bargaining
unit. Management will not communicate directly with employees regarding
changes to conditions of employment for which there is an obligation to
bargain.

A. The Employer agrees to respect the rights of the Union and to meet
jointly and negotiate with the Union, when requested, regarding
formulation and implementation of any new policy or change in existing
policy affecting employees or their conditions of employment, except as
provided by law.

B. The union, in consonance with its right to represent, has a right to
propose new policies, changes in policies, or resolutions to problems in
accordance with Article 8, Section 2. This right shall apply at all
levels of management within the agency and the labor organization
starting with the Steward and first level supervisor. Representation
will normally occur at the lowest level at which a matter can be
resolved, and the initial point of contact will normally be the lowest
management official and Union official having responsibility and
authority to act. If either party at the initial contact feels
resolution of a matter is outside its jurisdiction, the matter shall be
referred immediately to the next higher level.

C. Consistent with law, government-wide regulations and this agreement,
the Union has the exclusive right to represent an employee or group of
employees in presenting complaints. An employee or group of employees
may present a grievance themselves without representation by the Union
provided the local is a party to all discussions and the grievance
proceeding. The Employer will notify the Local President or designee
before such discussions are held. The NFFE shall normally be allowed up
to twenty-four (24) hours to provide a representative. The
representatives shall be permitted to present the views of the local
during the discussions.

D. The Union has the right to have a representative present at all
discussions between the Employer and an employee or employees, held in
the course of proceedings conducted to resolve complaints or grievances
submitted by a member of the Unit. The Employer will notify the Local
President or designee before such discussions are held. The NFFE shall
normally be allowed up to twenty-four (24) hours to provide a
representative. The representative shall be permitted to present the
views of the Local during the discussions.

**Section 2 -** Management agrees to recognize Union representatives
including National Federation of Federal Employees VA Council and local
union and national office officials. The Council will supply VA
Headquarters in writing, and will maintain on a current basis, a list of
officers. The Union at the facility level will supply the facility in
writing, and will maintain on a current basis, a list of officers and
stewards.

**Section 3**

A. The Union will be given the opportunity to be represented at any
formal discussion between one or more representatives of the Department
and one or more employees in the unit or their representatives
concerning any grievance or any personnel policy or practices or other
general condition of employment.

B. The Union shall be given the opportunity to be represented under
7114(a)(2)(B) at any examination of an employee in the unit by a
representative of the Department in connection with an investigation if:
(1) the employee reasonably believes that the examination may result in
disciplinary action against the employee; and (2) the employee requests
representation.

C. The parties agree that mission accomplishment is of primary concern
to both, and that improved communication and cooperation between the
parties can contribute to the solution of mutual problems, and improved
employee relations. Representatives of each party will meet on a regular
basis to discuss labor management issues. Such meetings should be held
monthly, quarterly, or as local parties agree. Each party shall submit a
list of subjects they wish to discuss normally 10 days in advance of the
meeting. Summary minutes reflecting items discussed should be prepared
unless mutually agreed otherwise. These meetings will be conducted
during regular duty hours with Union representatives authorized official
time if otherwise in a duty status. Additional arrangements concerning
these meetings may be negotiated at the local level.

**Section 4 -** A union representative wishing to use official time will
notify his/her immediate supervisor. Such release will not be
arbitrarily withheld. The supervisor must be advised of the general
purpose of the request (whether the issue is a grievance, negotiations,
investigation of a complaint, EEO, etc.), how the representative may be
contacted and the estimated time of return. If the union representative
will be delayed beyond the estimated time, he/she will notify the
immediate supervisor to request additional needed time. The supervisory
will also be notified of the return. If release is not possible at the
time requested, due to a work requirement which is pressing, the
representative will be released as soon as possible thereafter. If there
is an operational necessity that prevents the representative from being
released immediately, arrangements will be made for the employee to be
released normally within the next tour of duty, or the Union may opt to
assign another representative. All grievance time frames and meetings
with employees shall be delayed if delay in granting the requested
permission to leave causes either to be missed. Union representatives
will be allowed a reasonable amount of time to notify the Union when
they are assigned to a workplace other than their normally assigned
workplace and they need to keep the union informed of their whereabouts.

**Section 5 -** There shall be no restraint, coercion, or discrimination
against any union official because of the performance of duties in
consonance with this Agreement and the Statute, or against any employee
for filing a complaint or acting as a witness under the Agreement, the
Statute, or applicable regulations.

**Section 6 -** The Department agrees to meet with the VA Council
Officers annually to discuss Union views on items of concern and agrees
to review those items that cannot be resolved at the meeting.

A. - During years in which the Council does not hold its convention, the
parties will meet in Washington. The Council shall request the meeting,
with a preliminary agenda, at least four (4) weeks in advance so that
arrangements can be made for the Council officers' absence from their
duties. The Department will provide official time, if otherwise in a
duty status, and travel and per diem expenses for up to nine (9) Council
officers. The meeting will not exceed one day unless through mutual
agreement it is extended.

B. During convention years, Management agrees to meet with the Council
Officers (up to 9) on the day prior to the beginning of the Council
convention. The nine (9) Council officers attending this meeting will be
provided official time if otherwise in a duty status, for the day of
this meeting.

Other VA employees may attend the meeting but they will not be provided
excused absence without charge to leave. This does not preclude approval
of time for training under other portions of this contract. Management
agrees to make every effort to arrange schedules so as to allow the nine
(9) designated Council representatives to take annual leave or leave
without pay during the convention and annual meeting years to the extent
the workload allows. The nine (9) representatives should notify
management sufficiently in advance so that suitable scheduling can be
arranged.

**Section 7**

A. Internal Union business such as attending local union meetings will
be conducted during the non-duty hours of the employees involved.

B. Each local shall be allowed two membership drives not to exceed 15
work days each per calendar year. These membership drives can be
conducted at times available to all employees. Requests for the
equipment and facilities needed will be directed to the facility
director or designee at least ten (10) work days prior to the
commencement of the membership drive(s). Details regarding space,
equipment, use of facilities, and other related matters are proper
subjects for local supplemental negotiations.

**Section 8 -** The Union shall be entitled to receive, upon request,
and to the extent not prohibited by law, data which is normally
maintained by management in the regular course of business; which is
reasonably available and necessary for full and proper discussion,
understanding and negotiation of subjects within the scope of collective
bargaining; and which does not constitute guidance, advice, counsel, or
training provided for management officials or supervisors relating to
collective bargaining.

**Section 9 - Official Time**

A.  Council President - 100% Official Time

B. Council Secretary/Treasurer - 30% Official Time

C. Council Vice-Presidents - 20% Official Time

D. Each VHA and AAC/AFC Local is entitled to at least one Union official
with no less than 40% official time. Each VBA and NCS Local is entitled
to at least one Union official with no less than 25% official time.
Where a Local represents more that one administration or facility, a
Union representative at each administration or facility is entitled to
the designated minimum amount of official time. In the case of
integrated facilities, a Union representative at each pre-integrated
facility is also entitled to at least the designated minimum amount of
official time.

\(1\) For Locals already above the minimum amount of official time
described above, existing Local agreements and past practices regarding
official time on the effective date of this Master Agreement shall
continue in full force and effect unless and until the Local parties
negotiate a change.

\(2\) The minimum amounts of official time described above are not
intended to limit the amount of official time that can be negotiated by
the parties locally.

E. Official time other than the above for Local Stewards and Officers is
an appropriate subject for Local supplemental bargaining. Local parties
are encouraged to reach agreements appropriate to the local
circumstances.

**Section 10**

A. The designated Union representatives will be placed on duty during
negotiations. Such schedule changes may be made without regard to
contract provisions on hours of duty. No overtime will be authorized for
negotiations. This shall include time to present matters to the Federal
Mediation Conciliation Service, the Federal Service Impasses Panel, and
the Federal Labor Relations Authority, and the Courts as necessary.
Local Union officials and stewards may use reasonable time to prepare
for negotiations.

B. The steward or Local official may use reasonable time to receive,
investigate, prepare and present employee complaints, grievances or
appeals during duty hours. The amount of time allowed will depend on the
facts and circumstances of each case \-- e.g., number and nature of
allegations, number and complexity of supporting specifics, the volume
of supporting evidence, and the availability of documents and witnesses.

C. Where travel to another location within the jurisdiction of a Local
Union is necessary for representational activities consistent with the
provisions of this agreement, and the transportation is otherwise being
provided to the location for official business, the Union will be
allowed access to the transportation on a space available basis and also
authorized official time for travel. Associated travel and per diem to
satellite locations is an appropriate subject for local bargaining.

**Section 11 -** NFFE representatives will be permitted to wear
identifying name plates to include name and official capacity, and Union
insignia where the wearing of name tags is otherwise permitted.

**Section 12 -** Union representatives on official time for
representational duties will be afforded an area of privacy when meeting
with unit employees. The Employer will assist in providing such privacy
within or in the close proximity of the employee\'s work area. Where a
union office is provided, confidential employee and representative
meetings may be held in the union office.

**Section 13 - Authorized Official Time**

NFFE Officers and officials, including Stewards, shall be permitted a
reasonable amount of official time to represent employees in accordance
with this agreement. This official time and any specified time under
this agreement can be used for any representational function, including
but not limited to, handling complaints, appropriate lobbying functions
during Annual Legislative Activities week, preparing reports required
under 5 U.S.C 7120, coverage of the Local Union Office, and any other
functions addressed in this agreement.

**Section 14 -** If the Employer has or establishes a task force or work
group dealing with conditions of employment affecting bargaining unit
employees, the Union will be given the opportunity to designate a
representative and negotiate as appropriate. This does not preclude
internal management deliberations and communications.

**Section 15 - PARTNERSHIP**

A. The Union and Employer agree to support the principles of partnership
in accordance with Executive Order 12871. The parties must be mutually
committed to use the Partnership to ensure a quality work environment
and a more efficient accomplishment of the mission of the agency
including service to veterans. Partnership committees will be
established at appropriate levels to accomplish this goal.

B. The Employer agrees to train all members of the Partnership Council
in accordance with interest based procedures, alternate dispute
resolution, and any continuing need. Each Partnership Council will
determine it's particular need.

C. All partnerships will make decisions through consensus procedures and
will be made up of equal management and Union representatives.

D. All partnership activities and preparations thereof will be conducted
on duty time.\
 \
 

**Article 3**

**Employee Rights**

**Section 1 -** Employees in the unit shall be protected in the exercise
of their right, freely and without fear of penalty or reprisal, to form,
join, and assist the Union, or to refrain from such activity. This
agreement does not prevent any employee, regardless of employee
organization membership, from bringing matters of personal concern to
the attention of appropriate officials in accordance with applicable
laws, regulations or agency policies. Nothing in this agreement shall
abrogate any employee\'s right or require an employee to become or to
remain a member of a labor organization except pursuant to a voluntary,
written authorization by a member for the payment of dues through
payroll deductions. The initiation of a grievance or statutory appeal
procedure by an employee will not cause any reflection on his/her
standing with his/her supervisor or on his/her loyalty or desirability
to the organization.

**Section 2 -** An employee may be represented by an attorney or other
representative other than the Union, of the employee\'s own choosing, in
any appeal action not under the negotiated grievance procedure. The
employee may exercise grievance or appeal rights which are established
by law, rule, or regulation. Employees who represent themselves will be
afforded a reasonable amount of duty time to prepare and file complaints
in private.

**Section 3 -** Employees will be notified of any significant changes in
VA regulations or policies that affect their working conditions. Copies
of written agreements with the Union negotiated at the local level will
be distributed to all affected employees.

**Section 4 -** Recognizing that significant improvements have been
achieved by local officials when they have developed cooperative
programs, both parties to this agreement encourage such endeavors which
invite employee participation in the pursuit of improvement initiatives.
These efforts are not to be construed as a change in the Union\'s rights
as the exclusive representative, nor as revoking existing policies and
procedures. Details for these programs are proper subjects for local
supplemental negotiations.

**Section 5 -** Management is obligated to keep employees informed of
rules, regulations and policies under which they are obligated to
operate. To assist employees in the performance of their work, VA
manuals normally will be available to employees during working hours.
Details concerning access will be arranged at the local level.

**Section 6 -** No employee will be discriminated against by either the
Employer or the Union because of race, color, creed, religion, sex,
national origin, age, marital status, physical or mental handicap, or
lawful political affiliation.

**Section 7 -** All Department of Veterans Affairs employees deserve to
be treated with common courtesy and consideration warranted in an
employer-employee relationship by supervisors and management officials.

**Section 8 -** An employee may request permission to contact a union
representative during duty hours on a representational matter but must
first inform and receive permission from his/her supervisor. If the
employee wishes to be excused to meet with a union representative, the
immediate supervisor will be advised of the general purpose of the
request and place of the meeting and the estimated time of return.
Management recognizes the employee\'s right to assistance in
representation by the union and to discuss any concern with union
representatives in private during duty time. If release is not possible
at the time requested due to staffing or work requirements, the employee
will be released as soon as possible thereafter. If released and the
employee will be delayed beyond the estimated time, he/she will notify
the immediate supervisor to request additional needed time. The employee
will notify the supervisor of his/her return.

**Section 9 -** The parties support such community and public service
activities as the annual Combined Federal Campaign and Savings Bond
Drives. It is recognized that employee participation in these activities
is strictly voluntary.

**Section 10 -** Counseling and warning sessions involving unit
employees will be conducted privately and in such a manner so as to
avoid embarrassment of the employee. Official information pertaining to
individual employees shall be maintained in accordance with applicable
law and regulation.

**Section 11 -** Consistent with law and regulation, the Government will
provide legal representation for employees against whom suit is brought
in a civil or criminal court based upon activities alleged to be within
the scope of their official duties and will assume financial liability
for all monies awarded to claimants as a result of activities found to
be within the scope of such official duties. Upon request, management
agrees to provide information and guidance to employees who are
considering or making a request for legal representation.

**Section 12 -** Employees may be authorized the reasonable use of the
telephone at the work place for personal calls if it does not adversely
affect the performance of official duties by the employee or the
employee\'s organization, if it is of reasonable duration and frequency,
and if the call can not be made at another time. The use of the
commercial long distance network must not only be consistent with the
above criteria but must not result in a charge to the Government.

**Section 13 -** The Employer shall take such action consistent with law
or regulation, as may be required, in order to inform employees of their
rights as prescribed in the Statute and this Article.

**Section 14 -** An employee is accountable only for the performance of
assigned duties and compliance with standards of conduct for Federal
employees. Within this context, the employer affirms the right of an
employee to conduct his or her private life as he or she deems fit.
Employees shall have the right to engage in activities of their own
choosing, except as prohibited by law, Government-wide or VA regulation,
without being required to report to the Employer on such activities.

**Section 15 -** The Employer shall inform employees of their right to
be represented by the NFFE immediately prior to conducting an
examination of the employee by a representative of the Employer in
connection with an investigation.

**Section 16 -** Employees will not be precluded from presenting their
views to officials of the Executive branch, the Congress, or other
appropriate authority, in accordance with applicable laws and
government-wide regulations. Interaction with visiting Congressional
members or providing testimony at Congressional Hearings is acceptable.
With the exception of visiting Congressional members or providing
testimony before Congress it is understood this activity will not be on
duty time.

**Section 17 - Employees have the right to:**

A.  Working conditions that are safe and healthful.

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B.  In service training normally considered necessary to insure
    satisfactory job performance.

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C.  Express themselves concerning improvement of work methods and
    working conditions.

D. Discuss their problems with the Human Resources management office
staff, equal employment opportunity office staff or counselor, Union
representative, employee assistance office representative, and/or a
person designated to provide guidance on questions of conflict of
interest.

E. Be informed of what is expected of them, to whom they are directly
responsible and what is expected of them in their work relationships
with their fellow employees.

F. Privacy in every way consistent with law, regulations and this
Agreement.

**Section 18 - Miscellaneous**

A. Personnel who work with food or do dirty work or are required to wear
uniforms or protective clothing will be allowed reasonable official time
for changing, acquiring or returning equipment, cleaning the area and
washing up as needed.

B. Consistent with applicable laws, rules and regulations, the Employer
agrees to bear the full expense of all special equipment and special
clothing the employer requires employees to use in performing their
duties.

C. The Employer will not normally conduct a search of an employee\'s
personal effects without permission. In the event of a search, except in
emergency situations, the employee may request a NFFE representative to
be present.

D. Employees will be permitted to review and be provided a copy of (up
to ten pages) of any agency/activity regulation on duty time, and at no
cost to the employee.\
 \
 

**Article 4**

**Management Rights**

**Section 1**

A. Subject to Section B. of this Article, nothing in this Agreement
shall affect the authority of any management official:

\(1\) 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, lay off, 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 (iii) to take
whatever actions may be necessary to carry out the Agency mission during
emergencies.

B. Nothing in this Article shall preclude the Agency and the Union from
negotiating:

\(1\) 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.
Bargaining on these matters will be at the election of VA in the event
Executive Order 12871 is terminated;

\(2\) Procedures which management officials of the Agency will observe
in exercising any authority under this Article; or

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

**Article 5**

**Voluntary Allotment of Union Dues**

**Section 1 -** Any employee of the Department of Veterans Affairs who
is a member of the NFFE and is included in the consolidated bargaining
unit covered by this agreement may make a voluntary allotment for the
payment of dues to the NFFE.

**Section 2 -** The individual employee of the Department of Veterans
Affairs who is a member of the NFFE and included within an exclusive
unit shall obtain his/her SF-1187, \"Request and Authorization for
Voluntary Allotment of Compensation for Payment of Employee Organization
Dues,\" from NFFE and shall file it with the designated NFFE
representative, who will forward it to the human resources management
(HRM) office for certification of eligibility for dues withholding and
for transmittal to the appropriate payroll office. The allotment shall
become effective on the first full pay period following receipt by HRM.
The employee shall be instructed by NFFE to complete Part A and B. No
other number must appear in the block provided as \"Identification
Number\" except the employee\'s social security number.

**Section 3 -** Deductions will be made each pay period by the
Department of Veterans Affairs and remittance will be made by one check
each pay period to the National Office of NFFE. Remittances shall be
accompanied by a listing, in duplicate, one for the National Office and
one for the VA Council, for each pay period showing the names of the
member employees from whose pay dues were withheld and the amount
withheld. The listing will be segregated by individual field stations
with a sub-total for each facility. The listing shall include the
facility code number for identification purposes. It will be summarized
to show the number of members for whom dues were withheld and the total
amount withheld. Each list will also include the name of each employee
member who previously made an allotment for whom no deductions were made
whether due to leave without pay or other cause. If NFFE develops a
computerized system for dues withholding, the parties will meet to
determine if the VA can furnish dues deduction information in a
compatible format.

**Section 4 -** It is agreed that part A of SF-1187, including the
insertion of code numbers of the NFFE and the appropriate Local number,
will be executed by the financial officer of the Local to which the
employee member belongs or the National Secretary-Treasurer of NFFE. The
amount so certified shall be the amount of the regular dues to be
withheld from the employee\'s pay each pay period. Any initiation fees,
assessments, back dues, fines or similar charges and fees will be
collected by the Union directly from the employee. One standard amount
for all employees or different amounts of dues for different employees
may be specified. The President or other authorized official of the
local union will notify the servicing payroll office in writing prior to
the time when the local\'s dues structure or amount changes. The change
shall be effected at the beginning of the first full pay period after
notification is given to the servicing payroll office. Such a change may
not be effected more than two (2) times in any calendar year.

**Section 5 -** The payroll office of VA will terminate an allotment:

A. As of the first full pay period following receipt of notice that
exclusive recognition has been withdrawn;

B. At the end of the pay period during which an employee member is
separated from the Department of Veterans Affairs;

C. At the end of the pay period during which the payroll office receives
notice from the NFFE or a Local of the NFFE that the employee member has
ceased to be a member in good standing;

D. At the end of the pay period that any employee leaves the unit of
exclusive recognition. In the event the Union disagrees that an employee
is no longer in the Unit and they file a unit clarification petition the
employee\'s dues will continue to be withheld pending a decision on the
petition.

E. Annually on the anniversary date of the employee\'s authorization
(date of SF 1187) or during the ten (10) calendar day period immediately
preceding the anniversary date by submitting a SF-1188. Dues revocation
may only be received during this 10-day period.

**Section 6 -** The financial officer of the NFFE Local to which the
employee belongs will notify the Department of Veterans Affairs payroll
office within five working days after the employee ceases to be a member
in good standing of the NFFE. Any written revocation of allotment
authorization received by the local to which the employee belongs will
be sent within three (3) days after it is received to the appropriate VA
payroll office. The VA payroll office will send the local financial
officer of NFFE a copy of each written revocation of an authorization
which it receives.

**Section 7 -** Employees on dues withholding, who are reassigned from
one VA facility to another, but remain in the consolidated unit of
recognition, will continue on dues withholding. Upon arrival at the new
facility, the dues withholding will be remitted to the new local at the
receiving facility at the rate being withheld at the prior facility
until the fiscal office at the new facility receives a notification of a
change of rate from the designated union official.\
 \
 

**Article 6**

**Grievance Procedure**

**Section 1 - Common Goals**

The Employer and the Union recognize the importance of settling
disagreements and disputes promptly, fairly, and in an orderly manner
that will maintain the self respect of the employee and be consistent
with the principles of good management. To accomplish this, every effort
will be made to settle grievances expeditiously and at the lowest level
of supervision. The Parties encourage development of Alternate Dispute
Resolution (ADR) as a cost effective and timely method of solving
grievances. The parties will negotiate ADR procedures locally.

**Section 2 - Scope**

Grievance means any complaint, by any employee, concerning any matter
relating to the employment of the employee; by the Union concerning any
matter relating to the employment of any employee; or by any employee,
the Union, or the Department concerning the effect or interpretation, or
a claim of breach, of a collective bargaining agreement including
supplemental agreements; or any claimed violation, misinterpretation, or
misapplication of any law, rule, or regulation affecting conditions of
employment.

This grievance procedure does not apply to:

a\) any claimed violation of 5 USC, Chapter 73, subchapter III, relating
to prohibited political activities;

b\) retirement, life insurance, or health insurance;

c\) a suspension or removal under 5 USC 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 an employee;

f\) proposed disciplinary/adverse actions;

g\) non-selection for promotion from a group of properly ranked and
certified candidates, except were discrimination is alleged;

h\) those actions under Title 38 which pertain to employees covered by
this agreement, such as special advancements for achievement or
performance, promotion and appointments.

Employees have the option of raising the following matters under a
statutory appeals procedures or the negotiated grievance procedure but
not both: adverse actions (5 USC 7512), actions based on unacceptable
performance (5 USC 4303), and discrimination (5 USC 2302 (b) (1)). An
employee shall be deemed to have exercised his/her option under this
section to raise the matter under either a statutory procedure or the
negotiated procedure at such time as the employee timely initiates an
action under the applicable statutory procedure or timely files a
grievance in writing in accordance with the negotiated procedure,
whichever event occurs first.

**Section 3 -** An employee who alleges a prohibited personnel practice
under 5 U.S.C. 2302(b)(1) (relating to equal opportunity violations) may
either:

\(a\) File a grievance pursuant to this Article within 45 calendar days
following;

\(1\) The date of the alleged discriminatory incident;

\(2\) The date upon which the aggrieved became aware of the alleged
discriminatory incident or situation; or,

\(b\) Initiate an action under the EEO complaint procedure by filing a
formal complaint of discrimination.

An employee shall be deemed to have exercised his or her option under
this section when the employee files a timely written formal appeal
under the EEO procedure or files a grievance in writing under the
negotiated grievance procedure.

\(c\) The parties encourage development of alternative dispute
resolution (ADR) programs as a cost effective and timely method of
resolving difficult issues. Grievances and / or complaints related to
equal employment opportunity are among the appropriate subjects for ADR.

**Section 4 -** The Union has the exclusive right to represent employees
in presenting grievances under the negotiated grievance procedure in
this agreement. A grievance may be undertaken by the NFFE Veterans
Administration Council, by a NFFE Local, by an employee or a group of
employees, or by management. Employees in such grievances may be
represented by a NFFE Local, the NFFE Council or a NFFE representative.
Any employee or group of employees may personally present a grievance
and have it adjusted without representation by the Union. The Union will
be given an opportunity by Management to be present at all discussions
with the employee concerning the grievance. A reasonable amount of time
during working hours will be allowed for employees and the union
representative to prepare, discuss and present grievances under this
procedure. Any such resolution must be consistent with the terms of this
agreement and supplemental agreements. In exercising their rights to
present a grievance, employees and their representative(s) will be free
from restraint, coercion, discrimination or reprisal.

**Section 5 -** Employees and/or their representative(s) are encouraged
to discuss issues of concern to them informally with their supervisors
at any time. Likewise, employees and/or their representative(s) may
request to talk with other appropriate officials about items of concern
without filing a formal grievance if they choose.\
 \
 

**Section 6 -** The following procedures are established for the
resolution of grievances by an employee or group of employees or a NFFE
Local:

A. Step One: The issue shall first be taken up by the grievant (and
representative or steward, if he/she elects to have one) with the
employee\'s immediate supervisor or the lowest level management official
with authority to render a decision. The Step One grievance will be
initiated in writing if not settled informally, with the
Service/Division Chief or equivalent within 30 calendar days of the
incident that gave rise to the grievance, unless the grievant could not
reasonably be expected to be aware of the incident by such time. In that
case, the grievance must be initiated within 30 calendar days of the
date that the grievant became aware of the incident. A grievance
concerning a continuing practice or condition may be initiated at any
time. In the case of disciplinary or adverse action, a grievance must be
initiated within 30 calendar days of receipt of the written decision
from the deciding official. Either party may request that a meeting be
held on the matter. If the grievant wishes a meeting, the request will
be included in the written grievance. If such a meeting is requested, it
will be held prior to the decision and not more than 10 days after the
request is received. A decision will be given to the grievant in writing
within ten (10) calendar days after presentation of the grievance or
after the meeting if one is requested. Every effort shall be made to
insure that the decision is clearly communicated and understood.
Included with such decision shall be a written statement indicating the
grievant\'s right to submit a grievance to Step Two.

B. Step Two: If the grievant is dissatisfied with the decision given in
Step One, the grievant (and/ or his/ her representative) may summit the
grievance in writing to the Director of the VA facility where the
grievance originated within ten (10) calendar days after receipt of the
decision on the Step One grievance. The Director will furnish the
employee with a written acknowledgment of receipt. The Director or
his/her designee (higher than the deciding official in Step 1, unless
there is no higher level official between him/her and the Director) will
meet with the aggrieved employee if requested within 10 days after the
request is received. A written decision will be given to the grievant
within 14 calendar days after management receives the second step
grievance or after the meeting is held. Included with such decision
shall be the reasons for the decision and a statement indicating the
grievants right to request the Union to advance the grievance to
arbitration.

C. The parties may mutually agree to refer a grievance to mediation
prior to going to arbitration. In such case, the request for mediation
must be made to the other party within 10 days of the final decision in
Step 2. A joint request to the Federal Mediation and Conciliation
Service (FMCS) or other agreed to source will be made within 7 days of
this request if both parties agree to proceed. Mediation should be
scheduled as soon as possible, but not later than 15 days after the
request unless by mutual agreement. If the attempt at mediation is not
successful, the time frame for requesting arbitration will begin the day
following the final mediation hearing date. All parties will be on
official time during the mediation process.

**Section 7 -** The parties may mutually agree to extend any time limits
of this procedure. If the due date at any stage falls on a Saturday,
Sunday, or a Government holiday, the due date shall be the next business
day. Management agrees to respond to grievances within the agreed to
time period. However, if in any case Management is unable to do so, the
grievant will be notified of the reasons for any delay and an extension
of time will be requested. The grievant will have the option of
proceeding to the next step of the grievance procedure or granting an
extension of time. If the next step is arbitration and management does
not reasonably justify the delay, the remedy sought shall be immediately
granted if the employee has a written acknowledgment of receipt and the
remedy is legal and reasonable under the circumstances of the grievance.
If the grievant fails to pursue a grievance within the prescribed or
extended time limit, the grievance may be considered resolved in the
last step unless the grievant is able to reasonably justify his/her
failure to meet the time limits.

**Section 8 -** A grievance may be initiated at step two if the
substance of the grievance directly concerns a specific action,
directive, or decision made at a higher level than the initial step of
the grievance process. In cases where a grievance is initiated at Step
Two, the time limits of Step One will apply. If a grievance is against a
VA Headquarters official, the grievance may be filed initially at Step 1
with a higher level official designated to act on the grievance and at
step 2 with the applicable Under Secretary or Administration Head or
designee. Prior to filing a grievance with a Headquarters official the
filing party will contact the facility Human Resources Management
Officer (HRMO). Within three (3) work days the HRMO will identify, in
writing, to the filing party the appropriate VA Headquarters official to
whom the grievance should be submitted. The days waiting for a response
from the HRMO will not be counted in the 30 day grievance time frame.

**Section 9 -** For the Veterans Canteen Service (VCS) employees, the
appropriate Regional Director or his/her designee, will be the deciding
official. For National Cemetery System (NCS) employees, the immediate
supervisor will be the appropriate official at Step One; Step Two will
be the Cemetery Director or his/her designee. Where the Cemetery
Director is the only level of supervision, the time limits of Step One
will apply to grievances pursued to the Director, and his/her decision
may be pursued to arbitration in accordance with Article 7.

**Section 10 -** At any step of the negotiated grievance procedure, when
any management deciding official designates someone to act on his/her
behalf, that designee will have complete authority to render a decision
at that step and will render the decision. The designee will never be
someone who decided the issue at any previous step.

**Section 11 -** It is agreed that when a group has an identical
grievance, it will be considered in the same manner as an individual
complaint of one employee and the decision will be binding on all
identical cases.

**Section 12**

A. A grievance affecting more than one facility may be brought by the VA
Council within 30 calendar days of an incident (or awareness of an
incident) which gave rise to the grievance. A grievance concerning a
continuing practice or condition may be brought at any time.

B. The appropriate official for these grievances will be the designated
representative of VA Headquarters from the appropriate Administrations.

C. The VA Headquarters designee will render a written decision within 30
calendar days of receipt.

**Section 13 -** VA Headquarters may file a grievance with the President
of the NFFE Council. Facility Directors may file a grievance with a
local NFFE President. Grievances must be initiated in writing within 30
calendar days of an incident which gave rise to the grievance. A
grievance concerning a continuing practice or condition may be brought
at any time. The VA Council of Consolidated Locals of NFFE or NFFE Local
will have 30 calendar days from receipt of the grievance in which to
render a decision in writing.

**Section 14 -** In the event either party should declare a grievance
nongrievable or nonarbitrable, the original grievance shall be
considered amended to include this issue. The employer agrees to raise
any question of grievability or arbitrability of a grievance no later
than the time the Step two decision is given. If arbitration is invoked,
all disputes of grievability or arbitrability shall be referred to the
arbitrator as a threshold issue in the related grievance.\
 \
 

**Article 7**

**Arbitration**

**Section 1 -** If the decision on a grievance processed under the
negotiated grievance procedure is not satisfactory, the local Union or
NFFE VA Council, either as grievant or as representative of the employee
grievant(s), or the Department of Veterans Affairs or a Department
subordinate unit, as grievant, may refer the issue to arbitration. The
notice referring an issue to arbitration must be in writing, signed by
the local union president or NFFE VA Council President (for the Union),
or signed by a local Department management official or by an appropriate
VA Headquarters official (for Management). The notice must be submitted
to the other party within thirty (30) calendar days following receipt of
the decision by the aggrieved party or within thirty (30) calendar days
of the date a decision was due, whichever is earlier. Only the Union or
Management may invoke arbitration. No employee may singularly bring a
grievance to arbitration without the Union\'s sanction. Issues which
were not brought up during the steps of the grievance procedure will not
be brought up at the arbitration.

**Section 2**

A. Within seven (7) calendar days from the date of the request for
arbitration, the parties shall jointly request the Federal Mediation and
Conciliation Service (FMCS) to provide a list of five (5) impartial
persons qualified to act as arbitrator. If either party refuses to
participate in the submission, the other party may make the request.
Within fifteen (15) calendar days after receipt of such list the
employer and the local union and/or the Council shall meet to select the
arbitrator. If the parties cannot agree on an arbitrator from the list,
each party shall strike one name in turn from the list. The moving party
shall strike the first name. After each party has struck two names from
the list, the remaining person shall be the arbitrator. If either party
refuses to participate in the selection process, the other party will
make a selection of an arbitrator from the list.

B. Following the selection of an arbitrator the moving party will within
five (5) calendar days notify the FMCS as to the name of the arbitrator
selected. A copy of the notification will be served upon the other
party.

**Section 3**

A. The arbitrator\'s fees and expenses shall be proportionally assessed
as determined by the arbitrator based upon his/her decision on all the
issues. Any extra expense such as transcripts will be paid for by the
requesting party unless it is mutually requested.

B. An employee who is found to have been affected by an unjustified or
unwarranted personnel action which has resulted in the withdrawal or
reduction of all or part of the pay, allowances, or differentials of the
employee is entitled, on correction of the personnel action, to receive
reasonable attorney fees related to the personnel action, awarded in
accordance with standards established under 5 U.S.C. 7701(g).

**Section 4**

A. Upon selection of the arbitrator in a particular case, the respective
representatives for the parties will communicate with the arbitrator and
each other in order to select a mutually agreeable date for the
arbitration hearing. The parties will endeavor to schedule the hearing
within thirty (30) days after arbitration is invoked. The parties will
attempt to jointly submit the issue(s) to the arbitrator. If the parties
fail to agree on a joint submission, each shall make a separate
submission, and the arbitrator shall determine the issue or issues to be
heard. Nothing in this Agreement shall preclude the parties from
resolving the grievance during any of these meetings.

B. The parties agree that the primary purpose of this arbitration
procedure is to provide a swift and economical method of resolving
disputes fairly and equitably. The arbitrator shall have the authority
to take steps necessary to see that the purpose is fulfilled.

\(1\) Any hearing shall be informal;

\(2\) There shall be no formal evidence rules;

\(3\) Written transcripts will be made of the arbitration hearing only
with the mutual consent of the parties;

\(4\) The parties may mutually agree to direct the arbitrator to
simplify or eliminate a written opinion;

\(5\) When both parties agree to the facts at issue and agree that a
hearing would serve no purpose they will stipulate the facts to the
arbitrator with a request for a decision based upon the facts presented.

C. The arbitration hearing or inquiry shall be held on the local
Employer\'s premises, or in Washington, D.C., for cases at the Council
level, unless the parties mutually agree to another site, during the
regular day shift work hours of the basic work week. The duty status of
participants in an arbitration proceeding shall be consistent with the
following:

\(1\) The grievant shall be excused from duty during the arbitration
proceeding. If the grievant\'s tour of duty is other than the regular
day shift, the grievant will be temporarily placed on the day shift on
the day of the arbitration proceeding. It is understood that workload
and staffing needs may not always permit all grievants in a group
grievance to attend the arbitration proceeding at one time. In such
cases, management, whenever possible, will arrange the schedules of the
grievants necessary to attend and properly present the case and will
make a reasonable effort to accommodate the equitable rotation of the
other grievants;

\(2\) At least fourteen calendar days prior to the arbitration hearing
the parties will exchange their witness lists and inform the other party
as to who their representative will be. These lists may not be amended
except in the event of unforeseen circumstances such as sudden
unavailability of a witness or the identification of other witnesses
found to have additional information.

\(3\) All witnesses necessary at the arbitration will be given excused
absence if otherwise in a duty status provided management received at
least 14 calendar days notice. In addition, upon at least fourteen
calendar days notice, Management will rearrange necessary witnesses\'
schedules and place them on duty during the arbitration hearing, when
the witnesses agree to such changes. Such schedule changes may be made
without regard to contract provisions on hours of duty. The release of
any witness not originally listed will be dependent on staffing and
workload requirements.

**Section 5 -** The arbitrator will be requested to render his/her
decision within thirty (30) days.

**Section 6 -** The arbitrator shall have authority to resolve any
questions of arbitrability and interpret and define explicit terms of
this Agreement, Department of Veterans Affairs policy, or controlling
law or regulation, as necessary to render a decision. Questions of
arbitrability shall be considered threshold issues on which the
arbitrator will hear evidence and argument prior to deciding the case on
its merits.

**Section 7 -** In the interest of obtaining prompt decisions on matters
appealed to arbitration and to implement financial safeguards, which
will limit back-pay awards, the parties will move swiftly in selecting
and scheduling an arbitrator so that a decision is received timely. An
arbitrator will be required to hold the arbitration hearing and issue a
written decision within three (3) months of a party filing for
arbitration.

**Section 8 -** Decisions of arbitrators shall be final and binding
subject only to review under the terms of Title VII of the Civil Service
Reform Act. Either party may file exceptions to awards of arbitrators to
the Federal Labor Relations Authority (FLRA) in accordance with FLRA
regulations or, where applicable to the U.S. Court of Claims, U.S. Court
of Appeals or Merit Systems Protection Board. However, any dispute over
the interpretation of an arbitrator\'s award shall be returned to the
arbitrator for settlement, including remanded awards.\
 

**Article 8**

**Negotiations**

**Section 1 -** This Master Agreement shall constitute the Master Labor
Agreement between the parties. To the extent that directives within the
discretion of VA management may be in conflict with this agreement, the
provisions of the agreement will govern. Provisions of currently
existing collective bargaining agreements between the Department and
National Federation of Federal Employees locals which are not in
specific conflict with the provisions of this agreement shall remain in
effect until a local supplement is negotiated.

**Section 2**

A. National Level Bargaining

Proposed changes affecting personnel policies, practices or conditions
of employment and a copy of any material sent to the National NFFE
Office under National Consultation rights will be sent to the Council
President. Normally, 30 days will be provided from date of receipt to
review and respond. At the option of the Council, they may request to:

\(1\) Negotiate as appropriate on the material as submitted, leaving
additional bargaining to be conducted at the Local level upon request;

\(2\) Negotiate totally at the Council level with no additional
negotiations at the Local level (subject to Agency's compelling need as
determined by the Authority); or

\(3\) Elect not to negotiate at all.

The Union will not normally refer such proposed changes affecting
policies, practices, or conditions of employment for local bargaining on
the substance of an issue. However, there may be instances where local
bargaining is necessary and appropriate.

Where the Union elects (1) or (3) above, a copy of the material will be
provided the affected locals for bargaining as appropriate.

The Council may initiate midterm bargaining over issues not in conflict
with the Master Agreement. When the Council bargains on behalf of all
the locals the parties will make a good faith effort to reach agreement
by conducting telephone negotiations, scheduled in advance.

Negotiations under this section will normally commence within 10
workdays after the parties designated representative receive
counter-proposals. Telephone negotiations shall normally be on
consecutive work days until the negotiations are concluded. If the
parties are unable to reach agreement, face to face negotiations will be
set at a mutually agreed upon date in Washington.

B. Local level Bargaining

\(1\) Local Management will submit, in writing, proposed changes which
are initiated at or below the facility level or under Section A above,
affecting personnel policies, practices or conditions of employment not
in conflict with the Master Agreement or the local supplemental
agreement, to the Local Union President or his/her designee prior to
implementation. Under ordinary circumstances, the Local Union shall be
given 15 calendar days to request negotiations or to agree to the
changes. Upon timely request by the Union, bargaining will normally
commence within ten (10) calendar days, unless otherwise agreed upon by
the parties. Written counter proposals will be submitted at least 5 days
prior to negotiations, unless otherwise mutually agreed. The parties may
mutually agree to modify the time frame. If the Union does not request
bargaining within the time limit, the Employer may implement the
proposed change(s).

\(2\) The Union may initiate local mid-term bargaining over issues not
in conflict with the master agreement or the local supplemental
agreement only if the local parties have negotiated a supplemental
agreement under this master agreement. In such cases, the employer shall
have 15 calendar days from the date of receipt of Union initiated
proposed changes to conditions of employment to request negotiations.
Written counter proposals will be submitted at least 5 days prior to
negotiations, to the Union. Bargaining will normally commence within 10
calendar days, unless otherwise agreed upon by the parties.

\(3\) New or changed policy proposals which are agreed to in bargaining
shall be initialed prior to issuance by the Local's representative and
the Employer designee for the respective organizations.

C. The Union will be provided official time, per diem and travel for
Union negotiators up to the number of representatives Management
designates for the bargaining, but not less than two.

**Section 3 -** In the event the parties cannot agree on a negotiable
matter and an impasse is reached, either or both parties may seek the
services of the Federal Mediation and Conciliation Service.

**Section 4 -** The parties recognize that the interest of both
Management and the Union can be effectively served if many issues of
local concern are reserved for supplemental agreement negotiations
between each facility and the local Union. Hence, the parties agree that
supplemental agreements subordinate to this Master Agreement may be
negotiated between the local parties. Such agreements may cover all
negotiable matters regarding conditions of employment insofar as they do
not conflict with the terms of this Master Agreement, law or
Government-wide regulations. One supplemental agreement may be
negotiated at each Local during the term of this Agreement. Such
supplemental agreement will pertain only to the local parties where the
agreement was negotiated. Supplemental agreements must be approved or
disapproved by VA Headquarters within 30 calendar days after execution.
If no action is taken within the 30 days, the agreement shall become
effective on the 31st day subject to the provisions of the Master
Agreement, law, and Government-wide regulations. Any disapproval must be
consistent with 5 U.S.C. 7114(c). If the agreement is disapproved in
whole or in part, it shall be returned to the local parties, along with
an explanation for the action. If a disagreement arises concerning
whether a supplemental proposal is negotiable, management will upon
written request, provide the Union with its reason, in writing, for its
determination and the Union may file a negotiability appeal to the FLRA
or the applicable Court of jurisdiction. If a disagreement arises
concerning whether a supplemental agreement conflicts with the Master
Agreement, the issue may be presented to an arbitrator in accordance
with Article 7, Arbitration.

Section 5 - Past practices shall not be abridged as a result of not
being enumerated in this

Agreement.\
 

 

**Article 9**

**Use of Official Facilities and Services**

**Section 1 -** Management recognizes the value of a constructive labor
management relationship and the need for the locals to have use of
adequate office space. Where space is presently being provided to a NFFE
local it will continue. Where space is not presently being provided or
is inadequate, the Local may present proposals concerning office space
in negotiations for a supplemental agreement. Each local facility
Director will place a high priority on the availability of a suitable
office for the Locals to conduct their business. Management will provide
at a minimum the following equipment: two locking file cabinets, a desk
or table, seating for four, and a telephone line with FTS. Where space
limitations are so restrictive as to preclude the above, the matter will
be resolved through local supplemental negotiations.

The Employer agrees to give each local access to a word processor,
printer and the facility electronic mail (E-mail), including FORUM where
it is available at the facility. FORUM access will be limited to one
user profile, which may be the Local President or designee. Use of
E-mail may not be scurrilous, libelous, or in violation of national
security. Also, the union acknowledges that such use is not confidential
and privacy is not insured. Union officials are authorized to use the
system(s) for labor-management relations matters. Inappropriate use,
including compromise of assigned access codes may result in individual
termination of access.

The following conditions will apply to the use of space and equipment:

A. If the space/and or equipment is required for immediate needs of the
facility, management will give the Union a reasonable advance notice
(normally at least 60 days) and bargain with the Union over alternative
arrangements.

B. Such use will not injure the space and equipment in question.

C. That the space and equipment will be subject to the facility\'s
sanitation and safety

inspection program.

D. Conference rooms will be made available when requested in advance.

E. The local agrees that the space and equipment will be used only for
Local or Council

union business and will ensure that the office is not used by employees
for other purposes.

F. At the facility where the Council President is located an additional
desk, chair, locking file cabinet and telephone line with FTS will be
provided. Such arrangements will ensure privacy.

**Section 2 -** The Union at the Local level, or the Council, will be
authorized the use of copying machines, word processors, fax machines,
or typewriters at reasonable times when this equipment is not being used
for normal business. Their use will be limited to communications that
are of mutual benefit, such as those necessary for grievance processing
or communications between the Union and management. This does not
prohibit the Union from being authorized the use of surplus equipment or
negotiating locally for additional access to equipment, including
computers.

**Section 3 -** Current reference and regulatory materials such as the
FPM, VA regulations, VA policies and any locally established policies
affecting unit employees will be made available during normal office
hours upon request. Access during evening and night shifts is an
appropriate subject for local negotiations.

**Section 4 -** Local union officials may use the facility telephone
service for local intra-facility labor-management activities so long as
it does not interfere with the primary official business of the
facility. Council Officers and the local union presidents or their
designees may use FTS for necessary communications in handling the
resolution of issues that arise between the union and management. Calls
are not authorized for issues that should normally be resolved at the
local level but rather for complex issues or issues having
multi-facility implications. Each Union official will be responsible to
ensure the use of the system is not abused and that there is no
interference with official activities. The Union official will use the
FTS System in a reasonable, prudent and cost conscious manner. FTS will
not be used for internal-union business or personal calls.

**Section 5 -** Any local that has not been provided a copy of MP-5,
Part I, (and, where appropriate, Part II as it pertains to bargaining
unit employees) will be furnished one at their request. A Council
Officer will be provided a copy of MP-5, Parts I and II upon request if
not working in a facility where regulations are available. Copies for
individual locals will be ordered by the field station and the local
will be responsible for its assembly and upkeep. Supplements and changes
to these manuals will be provided when received.

**Section 6 -** The Local, the Council, and its representatives may use
the internal messenger system for regular representational
communications (e.g., grievance correspondence or letters and memoranda
to Management).

**Section 7 -** Management agrees to arrange for printing of this
agreement. New employees covered by this agreement will during
in-processing be offered a printed copy and advised where a copy may be
reviewed electronically if available. Current bargaining unit employees
will not receive a copy of the agreement from the facility and will be
advised that it will be available at the local union office or by
electronic review. The NFFE VA Council will receive 50 copies of the
agreement. Each local will receive an initial distribution of copies
equal to 50% of the bargaining unit employees. Each local will also
receive one computer disc containing the agreement in ASCII. The
agreement will be made accessible through existing electronic networks
including VA World or successor.

**Section 8 -** At each facility where there are employees covered by
this Agreement, the Union will be provided bulletin boards and/or
official bulletin board space in areas normally used for communicating
with bargaining unit employees. Details for the use and/or numbers of
bulletin boards and/or board space will be negotiated at the individual
facility level in supplemental bargaining. However, on each bulletin
board as provided by local negotiations a minimal space equivalent to
two 8 1/2\" by 11\" sheets of paper will be reserved for union use. In
addition, one bulletin board limited to Union use will be provided near
the entrance to the Local Union Office. Consistent with fire and safety
regulations, it will be glass enclosed and lockable with key. This
language is not intended to supersede any existing usage of other types
of bulletin or billboards that exceeds the above requirements. The
material posted must be clearly identified as that of the Union and must
not be scurrilous or libelous.

**Section 9 -** Management will provide timely written notice to the
local Union of employees entering or leaving bargaining unit positions.\
 \
 

**Article 10**

**Awards and Suggestion Programs**

**Section 1 -** Management at each facility is responsible for
administering a progressive and sound incentive awards and suggestion
program in accordance with OPM and VA regulations. Special Contribution
and Suggestion Awards will be granted as fairly and equitably as
possible in accordance with VA policy. Local facilities which establish
or operate incentive awards programs not covered by VA regulations shall
bargain as appropriate, over the implementation of such programs.

**Section 2 -** The facilities will provide information to all employees
so that they understand the general criteria for Special Contribution
Awards, and the benefits to be derived from the Suggestion Program. The
Employer agrees to make suggestion forms accessible to the employees in
the Unit.

**Section 3 -** The Employer and the Union support and encourage all
employees to participate in the Suggestion Program. It is agreed that
every reasonable effort will be made to process suggestions in an
expeditious manner. Normally, suggestions should be processed within
sixty (60) days. Exceptions to this time frame may be required because
of special situations such as a test period, referral to other outside
authority for approval or review or development of an instruction. The
Employer will provide an employee whose suggestion is not adopted or
awarded a copy of the written evaluation at the time the decision is
made. It is agreed that an employee who encounters unreasonable delays
in receiving a final determination of the adoption or rejection of a
suggestion should refer the matter to his/her immediate supervisor, who
in turn makes a reasonable effort to resolve the problem. The Incentive
Awards Officer will be available to assist in these matters.

**Section 4 -** The Employer and the Union will encourage employees to
discuss prospective suggestions with their immediate supervisor, who
will aid them in ensuring that the suggestion is sufficiently described
for evaluation.

**Section 5 -** An evaluator may discuss a suggestion with the suggestor
if he/she believes doing so will aid him/her in the evaluation process.

**Section 6 -** Suggestions requiring approval by a VA Headquarters
organization, by their nature, are more complex with far ranging
implications. VA agrees to evaluate suggestions of this nature in a
expeditious manner.\
 \
 

**Article 11**

**Merit Promotion**

**\[Not Applicable to Individuals Appointed Under 38 U.S.C. 7401(3) and
Individuals Appointed Under 38 U.S.C. 7405 to Occupations Listed in
7401(3)\]**

**Section 1 - Purpose**

Merit Principles indicate that selection and advancement should be
determined on the basis of knowledges, skills, abilities, and other
characteristics which assures all receive equal opportunity. The purpose
of these placement procedures is to locate the best qualified candidates
for vacant positions in the bargaining unit.

**Section 2 -** The provisions of this Article apply to those positions
within the bargaining unit only and are intended to ensure that the
Merit Principles are followed when filling vacancies. Competitive merit
promotion procedures apply to the following personnel actions:

A. The filling of vacancies by temporary promotion or detail to higher
graded positions or those with higher known promotion potential for more
than 60 days;

B. The selection for training which will prepare an employee for
advancement and is required by the qualification standard for promotion;

C. The reinstatement of an employee, including those made from
reemployment priority lists, to a permanent or temporary position at a
higher grade or with higher known promotion potential than the last
grade held in a non-temporary position in the competitive service;

D. The reassignment or change to a lower grade position which has
greater known promotion potential than the position currently held by an
employee (except as permitted by reduction-in-force regulations);

E. Promotion of an employee by transfer from another Federal agency.

**Section 3 -** Personnel actions not covered by the competitive
procedures of this Article include:

A. Promotions resulting from upgrading positions due to administrative
corrections on a deficient classification determination, classification
appeals, issuance of a new or revised classification standard, or
accretion of additional duties and responsibilities;

B. Actions in reductions-in-force which are technically promotions
because of pay fixing policies;

C. Temporary promotions of 60 days or less;

D. Promotions to a higher grade when the employee was appointed or
selected pursuant to competitive promotion procedures for a position
with clear, documented potential to a higher grade;

E. Position change from a position with known promotion potential to
another position with no higher known promotion potential or with no
known promotion potential;

F. Promotion of employees referred for priority consideration because of
a previous loss of proper consideration;

G. Repromotion to grades from which demoted without personnel cause, and
up to grade previously held on a permanent basis (intervening grades)
from which an employee was demoted without cause;

H. Permanent promotion of an employee competitively selected for
temporary promotion, provided the initial announcement stated that it
may be made permanent;

I. Reinstatement from a reemployment priority list to a position not at
a higher grade and with no higher known potential than the former
employee\'s last non-temporary position in the competitive service;

J. Consideration or selection of a person entitled to a higher order of
consideration by law, Government-wide regulation, or this agreement
(such as restoration after military service, placement in lieu of
disability retirement, return to duty after leave without pay);

K. Appointments of:

\(1\) Disabled veterans under 5 C.F.R. 315.604

\(2\) Disabled veterans under 5 C.F.R. 315.707

\(3\) Cooperative education students (FPM 308)

\(4\) Veterans Readjustment Appointments (VRA) under 5 C.F.R. Part 307.

\(5\) Severely handicapped appointments under 5 C.F.R. 213.3102(u) and
(t).

\(6\) Schedule A & B Excepted Appointments.

L. Selection of a Federal employee within reach on an OPM register for a
higher graded position. It is understood that VA employees may have
themselves placed on OPM registers in accordance with applicable
procedures.

M. All details (except those to positions with higher known promotion
potential for more than 60 days), unless management exercises the option
to use competitive procedures.

**Section 4 -** The areas where vacancy announcements are made will be
defined in accordance with Department policies.

**Section 5**

A. The parties recognize that positions may be filled from any
appropriate source, including reassignment, appointment, reemployment,
reinstatement, demotion or merit promotion. Vacancy announcements will
be posted on the facility bulletin boards. Management recognizes the
need to inform all employees of vacancy announcements and will take
reasonable steps to ensure that those announcements are not altered,
defaced, or covered. Details concerning the posting/distribution of
vacancy announcements may be negotiated at the individual facility
level; except that actions excluded by Section 3 of this Article are
exempt from the posting requirements. A copy of each vacancy
announcement will be sent to the Local Union. Announcements shall be
open for 15 work days from the date they are posted. An extension of the
closing date shall be executed by an amendment to the announcement. All
vacancy announcements will contain the following information:

\(1\) Title, series and grade of the position, and the announcement
number;

\(2\) Geographic and organizational location;

\(3\) Summary statement of the principal duties and responsibilities;

\(4\) Summary of OPM or VA qualification requirements;

\(5\) Selective placement factors, if any, expressed in terms of
knowledges, skills, abilities and other characteristics required to
qualify for the position;

\(6\) Where additional information may be obtained;

\(7\) Where applications (VA Form 5-4078\] should be sent and what they
should include;

\(8\) Opening and closing dates;

\(9\) The known promotion potential of the position(s), if any;

\(10\) A statement on equal employment opportunity;

\(11\) A list of the rating factors, (knowledges, skills, abilities and
other characteristics), or job elements used in evaluating candidates;

\(12\) The area of promotion consideration;

\(13\) Any written test requirements by statutes.

**Note 1:** Employees on official absence for seven (7) calendar days or
more who desire consideration for vacancies advertised in their absence
are responsible for identifying such positions by grade on a DATED
written request submitted to the designated human resources management
(HRM) office if they wish their names to be submitted for them. The HRM
office is responsible for including these requests with all applicants
for the position(s) involved. Official absences include detail,
training, and leave.

**Note 2:** Open continuous announcements are designed to provide the
needed flexibility to effectively recruit eligible candidates for entry
level positions, positions in which there is frequent turnover, and
shortage categories or other hard-to-fill vacancies. Such announcements
may provide some of the above information by referring applicants to the
servicing HRM office.

B. VA Form 5-4078 or other written application received in the HRM
office prior to the closing date will be considered as an appropriate
application. Management shall consider only those applications received
prior to the closing date of the announcement, except that employees on
approved absence during the entire announcement period may submit a late
application so long as they are able to provide any necessary
information in time for that information to be processed and presented
to the promotion panel, (or to the selecting official when the
candidates are not ranked and rated), along with that of all other
applicants.

C. Applicants are responsible for providing full and complete
information as to their qualifications for the vacancy. Failure to
furnish this information within identified time limits may result in
disqualification. When available, the Official Personnel Folder (OPF)
will be used in making the initial qualification determination. SF-171
or OF 6-12, supplemental qualification and supplemental experience
statements will be used in addition to the OPF, or in lieu of the OPF
when it is not available.

D. Announcements shall be canceled by placing (stamping) the word
\"canceled\" on the initial announcements as a means of notifying
applicants. The Local will be informed of all cancellations of said
announcements in writing. Upon request, the Local will be provided the
reason in writing.

E. Multiple Grades and/or Multiple Vacancies:

\(1\) Multiple Grades: When an announcement is issued for multiple grade
levels, candidates will be evaluated and ranked, if appropriate, for
each grade level for which they applied and are qualified. Separate
certifications of best qualified candidates for each grade level, if
available, will be referred for selection consideration. When multiple
grades are posted, the selecting official may consider the candidates
referred on those certificates prior to filling the position.

\(2\) Multiple Vacancies: Two or more vacancies may be filled from the
same announcement for a period of up to 90 days without reannouncing the
vacancy if they are identical with respect to the series, title,
grade(s), minimum qualification requirements and selective placement
factors and rating factors (KSAOs).

**Section 6 - Evaluation (Rating and Ranking) Panel**

A. Qualified promotion candidates will be rated and ranked by a
promotion panel except when ten (10) or fewer qualified promotion
candidates are available. In instances where ten or fewer candidates are
qualified, all will be referred to the selecting official. An asterisk
will denote bargaining unit employees referred on merit promotion
certificates. The asterisk will denote that bargaining unit employees
will receive first consideration. This does not preclude the selection
of any candidate on the certificate or a candidate from any other
appropriate source.

B. When rating and ranking is necessary, qualified candidates will be
evaluated using a rating guide developed in accordance with Appendix A.,
MP-5, Part I, Chapter 335. VA Form 5-4676a, \"Employee Supplemental
Qualification Statement,\" will, when available, be one of the primary
sources to be used to evaluate the qualifications of the candidates.
Candidates\' Official Personnel Folders and SF-171s or OF 6-12s will
also be used, if available. All relevant information available on each
qualified candidate, taken as a whole, will be evaluated against each
rating factor or job element, as appropriate, to determine the amount of
credit to be granted.

**Section 7**

A. If the selecting official interviews one candidate from a
certificate, then all candidates on the certificate must be interviewed
if reasonably available. Telephone interviews may be conducted if a
candidate is not available for a personal interview.

B. Nonselected candidates will be notified in writing, as soon as
practicable. All such notices will be dispatched at approximately the
same time. At the employee\'s request, the reasons for nonselection will
be provided by the selecting official in writing. Management will make
promotions effective at the start of the first pay period following
approval. When applicable policies, regulations or directives preclude
this, the action will be made effective at the beginning of the first
pay period that such restrictions no longer apply. The selecting
official will promptly forward his/her selection to the HRM office. HRM
will promptly process that action to avoid any unnecessary delay in
effecting the promotion.

C. It is agreed that it would be of benefit for employees to be informed
of vacancy announcements at other VA facilities that are received at
their facility. Details for employee access to these announcements may
be negotiated at the local level.

**Section 8 -** **Promotion Records** - Temporary record of each
promotion action, sufficient to allow reconstruction of the action,
including documentation of how each candidate was rated and ranked, will
be maintained for no less than 2 years. This record, properly sanitized
consistent with the Privacy Act, may be reviewed by nonselected
employees and/or their representatives. If a grievance is filed, the
grievant or their representative will be furnished sanitized copies of
these documents upon written request.

**Section 9 -** A detail is the temporary assignment of an employee to a
different position for a specified period, with the employee returning
to their regular duties at the end of the detail. Details will be made
in accordance with applicable regulations.

A. An employee detailed to higher grade bargaining unit positions or to
a position with a special salary rate for more than 15 consecutive work
days must be temporarily promoted or have his/her pay adjusted if he/she
meets basic qualifications. The temporary promotion will be made
effective at the beginning of the first pay period following the 15th
day. When it is known in advance of the detail that the detail to a
higher grade is expected to last more than 15 consecutive work days, a
temporary promotion will be made effective at the beginning of the
detail.

B. Documentation - Details of 15 consecutive days or more will be
reported on VA Form 5-4652, \"Request for Personnel Action,\" and placed
in the employees Personnel Folder.\
 \
 

**Article 12**

**Safety and Health**

**Section 1 -** The parties agree that safety is of prime consideration
in the accomplishment of the Department\'s mission and commit themselves
to establishing and maintaining safe working conditions. The Department
of Veterans Affairs is committed to maintaining a safety program that
meets the requirements of applicable statutes and Government-wide
regulations.

**Section 2 -** Safety and health matters are appropriate subjects for
the annual labor-management committee meetings addressed in Article 2.
At such meetings the VA Headquarters designated agency safety and health
officer (or designee) shall be a participant if safety and health
matters are discussed. Each local shall have at least one union
representative on any local safety and health committee that considers
safety and health issues for employees in the unit. Such representative
will be allowed to participate in committee meetings on official time if
otherwise in a duty status. Where no committees are established,
Management agrees to meet with the Union upon request to discuss safety
and health matters. Such meetings will include the Safety Officer and
other management officials concerned with the matter. NFFE members of
the committee will receive training in their duties and will have access
to Agency information necessary in the performance of their duties.

**Section 3 -** Local union officials will be allowed access to any
information pertinent to unit employees' safety that is available at the
facility and which is releasable under applicable laws and
Government-wide regulations.

**Section 4 -** Where a Director of a VA facility chooses to participate
in Field Federal Safety and Health Councils at a facility where NFFE
holds exclusive recognition, NFFE will be allowed to provide a
representative consistent with subpart K of 29 C.F.R. Part 1960.

**Section 5 -** A local union representative shall be given the
opportunity to accompany the Regional Safety and Fire Protection
Engineer during the annual physical inspection of any workplace as well
as the official who conducts an inspection in response to a report made
by a bargaining unit employee or the Union of any unsafe or unhealthful
condition. The union representative shall also be given the opportunity
to accompany an OSHA inspector at any time the inspector conducts an
inspection of the workplace of any unit employees. Copies of inspection
reports will be furnished to the Union.

**Section 6 -** Management shall acquire and maintain approved personal
protective equipment, safety equipment and other devices as necessary to
provide protection of employees from hazardous conditions during
performance of their official duties. In addition, if there is serious
concern for an employee's safety and VA police are available, the
employee will, upon request, be provided an escort on VA premises. If
asbestos is found within a working area, management will negotiate with
the union as appropriate, if requested.

**Section 7 -** The Employer agrees to provide adequate lighting,
heating, and ventilation in work areas. Where permitted by local policy,
employees will be allowed to bring in space heaters, heating pads,
portable electric fans and similar items where inadequate or
unreasonably uncomfortable conditions exist until the conditions have
been corrected. In extreme conditions, consideration will be given to
excusing employees without charge to leave. If a decision is made not to
excuse employees, supervisors will be liberal in granting employee
requests for leave. The Employer agrees that in extreme conditions,
employee performance may be adversely affected.

**Section 8 -**

A. The Employer shall encourage employees to work safely and to report
any observed unsafe or unhealthy conditions to the employee\'s immediate
supervisor. Stewards and other representatives of the Union, in the
course of performing their normally assigned responsibilities, are
encouraged to observe and report unsafe practices, equipment and
conditions which may represent health or safety hazards. The Employer
assures there will be no restraint or reprisal as a result of an
employee\'s reporting an unsafe practice or condition.

B. Employees will report abuse, attacks and/or assaults on the part of
patients/customers upon other patients/customers, visitors and staff.
Upon request, Management agrees to meet with employees and/or Union
representatives to discuss the above patient/customer misconduct and
recommend remedial or corrective action.

**Section 9 -** Management agrees to assure prompt response to employee
reports of unsafe or unhealthful working conditions and will require an
inspection within 24 hours for employee reports of imminent danger
conditions, or within 3 workdays for potentially serious safety and
health conditions. If any inspection is made, the union will be informed
and given an opportunity to be present and participate during the
inspection. After an abatement of any area the union shall be given an
opportunity to be present at the final inspection before the acceptance
of the area for employee occupancy. However, an inspection may not be
necessary if, through normal management action and with prompt
notification to employees and safety and health committees, the
hazardous condition(s) identified can be abated immediately. Any
employee, or representative of employees, who believes that an unsafe or
unhealthful working condition exists in any workplace where such
employee is employed, is encouraged to report the unsafe condition to
his/her supervisor and shall have the right to make a report of the
unsafe or unhealthful working condition to the appropriate Agency safety
and health inspector and/or OSHA and request an inspection of such
workplace for this purpose.

**Section 10 -** Management agrees to ensure prompt abatement of
unhealthful and unsafe working conditions. Once it has been determined
that an unsafe or unhealthful working condition exists, a notice will be
posted in accordance with 29 C.F.R. 1960. Whenever the facility cannot
abate an unsafe or unhealthful working condition within 30 calendar
days, it shall prepare an abatement plan with the cooperation of the
facility\'s Safety and Health official or a designee and the Safety and
Health Committee. The safety officer who prepares the abatement plan
will forward a copy of the plan to the Safety and Health Committee. If
there is no committee, the plan will be sent to the Union. Such plan
shall contain a proposed time table for abatement and a summary of steps
being taken in the interim to protect employees from being injured as a
result of the unsafe or unhealthful working condition. All unit
employees subject to the hazard shall be advised of the interim measures
in effect and shall be kept informed of subsequent progress on the
abatement plan. Prior to the establishment of the abatement plan, the
facility Safety and Health official will request that the supervisor
take interim steps for the protection of the employees. The supervisor
shall comply with this request.

**Section 11 -** The term \"imminent danger\" means any conditions or
practices in any workplace which are such that a danger exists which
could reasonably be expected to cause death or serious physical harm
immediately or before the imminence of such danger can be eliminated
through normal procedures. In the case of imminent danger situations,
employees shall make reports by the most expeditious means available.
The employee has the right to decline to perform his or her assigned
tasks because of a reasonable belief that under the circumstances, the
task poses an imminent risk of death or serious bodily harm coupled with
a reasonable belief that there is insufficient time to effectively seek
corrective action through normal hazard reporting and abatement
procedures. However, in these instances, the employee must report the
situation to his/her supervisor or the next higher level supervisor who
is immediately available. If the supervisor believes the condition or
corrected condition does not pose an immediate danger, then the
supervisor shall request an inspection by the appropriate safety officer
as well as contact the designated union representative. A union
representative shall be afforded the opportunity to be present at the
time inspection is made. If the Safety Officer decides the condition
does not pose an immediate danger, the instruction to return to work
shall be in writing and contain a statement declaring the area or
assignment to be safe. Any refusal to perform such assignment after the
Safety Officer's decision or written instruction to return to work might
be cause for discipline. However, continued refusal by the employee at
this point would be justified if there was a reasonable basis for the
employee to believe the immediate danger still exists. It is also
understood that at any time the management official finds there is an
immediate danger, the employee will not be obligated to return to the
assignment until the imminent danger is removed. Any refusal to perform
such assignment after the safety officer's decision or written
instruction to return to work might be cause for discipline.

**Section 12 -** Employees must report any and all job-related injuries
to their supervisor. The supervisor will take appropriate action to
insure that:

A. The employee has the opportunity to report to the facility health
unit or his/her personal physician for treatment and to complete
necessary reports, etc.

B. The human resources management (HRM) office is promptly notified to
insure timely processing of necessary reports and employee claims.
Management agrees that the HRM office shall provide assistance to
employees in preparing necessary forms and documents, and, if
appropriate to submit them to the Office of Workers Compensation Program
(OWCP), and also shall inform employees of their rights under the
Federal Employees Compensation Act. Management agrees to provide
employees with assistance in all phases of claims processing, including
follow-up contacts with OWCP on the employee\'s behalf. When Management
determines that employees are temporarily unable to perform their
regular duties due to injury or occupational illness, but may be capable
of returning to or remaining in a duty status, Management will make a
good faith effort to locate a work assignment compatible with the
employee\'s physical condition before sending the employee home. This
good faith effort shall include an examination as to whether the
employee\'s regular duties may be temporarily tailored to meet the
situation.

**Section 13 -** The Employer agrees to maintain an employee
occupational health program and to provide the following services:

A. Emergency diagnosis and initial treatment of injury or illness that
becomes necessary during working hours and that is within the competency
of the professional staff and facilities of the health service unit. If
the illness or injury is job-related and if the health service unit is
unable to provide the level of medical services necessary, the employee
will be transported to the nearest appropriate medical facility at no
charge to the employee to the extent permissible by law and current
regulations.

B. Provisions for special health examination for specific categories of
employees whose work environment presents peculiar health hazards.

C. Subject to availability of resources and staff, individual facilities
may provide diagnosis and/or screening tests and health educational
programs for unit employees as a health service.

D. Referral, upon request of the employee, to private physicians,
dentists, and other community health resources. An employee will
normally be expected to notify his/her supervisor of his intention to
seek medical treatment in a health unit.

E. Management will make reasonable efforts to provide and/or make
available appropriate stress management training for unit employees.
Participation in such training will be excused with no charge to leave
if otherwise in a duty status.

**Section 14 -** In the interest of the safety of employees, when
requested, the Employer agrees to provide assistance, when available, to
employees who are requested to move any furnishings such as desks,
filing cabinets, etc. When such assistance is not immediately available,
Management will normally wait a reasonable time before making the move
in order to see if assistance becomes available.

**Section 15 -** The Union may request official time and tuition
expenses for a Council representative to attend an annual OSHA sponsored
training course. If the course offers a benefit to VA, the individual
will be nominated by VA for the course and tuition and official time
will be provided.

**Section 16 - Communicable Diseases**

A. Management recognizes its responsibilities to identify areas that may
pose a hazard from highly communicable diseases. Areas that may contain
highly communicable diseases will be identified along with appropriate
information regarding protective measures needed. Employees will receive
instructions on procedures for cleaning areas that have been identified
as containing highly communicable diseases. Materials needed to clean or
sanitize a room or a person will be made available to employees. This
includes providing a sufficient number of proper fitting latex gloves,
or comparable, that provide appropriate protection and assure safe use.
The term comparable is not intended to reflect a lower level protection.
Technology/material may change during the life of the contract.
Unpowdered gloves will also be provided as needed.

B. The parties understand that HIV is not recognized as a highly
communicable disease but that it could be life threatening if proper
procedures were not followed. Facilities and employees will follow all
applicable regulations and guidelines relating to the prevention of
transmission of blood borne pathogens in the health care setting,
commonly known as universal blood and body fluid precautions or
\"universal precautions.\" This includes having an approved HIV
germicidal available for immediate use as established by CDC.

C. Employees will not be required to take leave after exposure to
contagious diseases such as measles, unless they are considered
\"susceptible\" after appropriate medical screening by the health
service unit. The Agency, at the local level, will furnish the Local
Union with a list of contagious diseases.\
 \
 

**Article 13**

**Leave**

The parties recognize VA\'s every day efficiency is enhanced through a
dependable and reliable workforce which is characterized by employees
scheduling leave in advance (but for unforeseen illnesses and
emergencies), reporting to work timely, and remaining on duty during the
full period of their tours unless in an approved leave status. Local
parties are encouraged to develop programs which foster these
characteristics.

**Section 1 - Annual Leave**

Annual leave shall be earned in accordance with appropriate statutes and
regulations. The Agency shall allow each employee to schedule annual
leave as he or she requests, subject to approval by the appropriate
official based on workload and staffing needs. Approving officials must
give appropriate consideration to employees with emergency situations.
The amount of leave for an emergency will not be arbitrarily assigned
but will depend upon the appropriateness of the situation. Annual leave
will be administered in accordance with Department regulations and other
applicable laws and regulations, and the following:

A. Employees are encouraged to take two consecutive weeks annual leave
for vacation purposes each year, proved that the employee\'s accrual
leave rate and workload within the organization permits.

**SCHEDULED LEAVE**

B. Normally, the employee will submit a scheduled leave request (to the
immediate supervisor) between November 1 and December 31 of each year.
Management will approve/disapprove the request in writing prior to
February 1 of the next year. If the employee does not receive a response
prior to February 1 of that year, the requested time is considered
approved.

C. When making a routine request for annual leave the employee need not
state the reason for the request. When leave is approved in advance for
extended periods, such approved leave will be honored where staffing
needs permit. When situations arise where previously approved leave must
be canceled, the employee will be given a written statement why the
leave was canceled and will be permitted to reschedule the leave as soon
as staffing needs permit, and consideration will be given to that
employee in accordance with the priority list prescribed in Section G of
this Article.

**UNSCHEDULED LEAVE**

D. Employees will normally be informed whether leave is approved or
disapproved at the time it is requested. When a decision cannot be given
immediately, it will be given as soon as possible after the request has
been made, and normally not later than 24 hours. Upon request, employees
will be furnished the reasons for disapproval in writing.

E. Where unforeseen emergencies arise and the employee requests annual
leave, employees must contact their supervisor or designated alternate
thereof, either personally or by phone, to request leave as soon as
possible, but not later than two hours after the beginning of the
regular work shift. If the employee is unable to call the employer due
to unusual circumstances, a family member or other responsible person
may call for the employee. This requirement may be waived because of
special or unusual circumstances that preclude such notification.

F. Any employee in a use or lose status must be given consideration for
their leave to be used by the end of the leave year, in accordance with
the priority list contained in Section G. Management agrees to assist
employees in scheduling use or lose leave. Such assistance will include
a written notice to employees on or before June 1, of each year. Such
notice will advise employees of the importance of requesting an adequate
amount of leave to avoid the loss of leave. If the Employer prevents an
employee from using previously scheduled and approved leave at the end
of the year, that leave will be reinstated to be used in accordance with
applicable regulations.

G. If there is a conflict in scheduling leave or when there is a mission
need to cancel already approved leave which cannot be resolved by the
individuals involved, the following priority list will be used:

Priority 1 - Two (2) weeks annual leave as stated in A., above, and
holidays, scheduled in accordance with B., above.

\(a\) Employees who were employed at the local facility for the previous
calendar year;

\(b\) Employees who did not have that time scheduled during the previous
year;

\(c\) Employees who have not had a choice from the same group of
Holidays that year;

\(d\) Service computation date (SCD); and

\(e\) Employees who have already incurred a substantial financial
expenditure for use of that time period (after the leave has already
been scheduled).

Priority 2 - Other scheduled leave:

\(a\) Employees who have already incurred a substantial financial
expenditure for use of that time period (after the time has already been
scheduled);

\(b\) Hardship;

\(c\) Date of request;

\(d\) Employees who have use or lose leave; and

\(e\) Service computation date.

Once an employee\'s vacation time has been scheduled, he or she will
normally be permitted to change his/her selection only if workload
permits and no other employee\'s choice is disturbed, or if another
employee agrees to trade.

H. Any management directed movement of an employee from one work
location to another will not normally result in loss of an employee\'s
use of approved leave.

I. In areas where 24 hour, 7 day per week staffing is necessary,
Management agrees to make a good faith effort to honor an employee\'s
request for two scheduled days off before and after a vacation period.

**Section 2 - Holidays**

A. Holidays for VA employees will be those established by Statute or
Executive Order.

B. Management acknowledges that more liberal annual leave approval may
be appropriate on days before and after holidays.

C. Employees will normally be permitted to incorporate both Christmas
and New Years Day in their vacation plans. When there is a conflict
between employees, preference will be given the employee who has not
been granted those holidays in the previous year. If the conflict can
not be resolved by the previous years schedule, it will be resolved by
service computation date, with the most senior receiving priority.

D. In areas where 24 hour, 7 day a week staff is necessary, holidays
shall be divided into three groups as follows:

Group 1: Martin Luther King\'s Birthday, presidents Day, Columbus Day,
Veterans Day;

Group 2: Memorial Day, Independence Day, Labor Day

Group 3: Thanksgiving Day, Christmas Day, New Years Day

The scheduling of holidays off (or days observed as holidays) within
each of the individual groups listed above shall be equitably
distributed consistent with the provisions of Section 1.(B). of this
Article. Management shall strive to allow the maximum number of
employees off on holidays as staffing and workload requirements permit.

E. Requests for holidays off in connection with annual leave will be
considered as exercising an option for the holiday. Employees shall
notify their supervisors of their preference of holidays in the
following manner:

Group 1. Normally requests are to be submitted at least 6 weeks before
any given holiday.

Group 2 and 3: Requests for these holidays are to be normally submitted
at the time that annual leave is requested for prime vacation time but
not later than six weeks before the holiday.

Employees will be promptly notified of the decision on their requests.

F. If a supervisor determines that not all employees who have indicated
a preference for a given holiday can be excused on that holiday, the
conflict between employees shall be resolved by using the priority list
in Section 1G. of this Article.

**Section 3 - Sick Leave**

A. Sick leave shall be granted to employees upon request of the employee
or his/her family member for any of the following reasons:

\(1\) When the employee is incapacitated for the performance of duty
because of sickness, injury, or pregnancy and confinement;

\(2\) For medical, dental, or optical examination or treatment;

\(3\) When a member of the employee\'s immediate family is afflicted
with contagious disease and requires the personal care and attendance of
the employee;

\(4\) When, through exposure to contagious disease, the presence of the
employee at the place of duty would jeopardize the health of others; or

\(5\) To participate in substance abuse treatment programs or counseling
that would not be covered by authorized absence.

B. Application for leave and a medical certificate or equivalent will
not be required for a sick leave period of three consecutive work days
or less unless an employee is suspected of sick leave abuse. Normally
employees will be advised in advance in writing of such requirement. All
written notices shall explain in detail why the requirement has been
established and what actions must be taken in order to get it removed.
In all cases, the written notice shall be reviewed with the employee no
later than 6 months afterward. If no sick leave misuse is shown during
the six month period, the requirement shall be removed, and the notice
removed from all records. If the notice is continued, the employee will
be notified in writing of the reason for the continuance. Use of all
available leave or absence on approved leave on many occasions does not
in itself constitute misuse of sick leave.

C. Employees on sick leave for more than 3 consecutive work days or on
leave restriction must furnish satisfactory evidence of their need for
sick leave within a reasonable time after returning to duty. When a
medical certificate is not furnished due to a shortage of physicians,
remoteness of locality, or because the nature of illness did not require
a physician\'s services, or other valid reason, the employee\'s signed
statement of reasons why other supporting evidence is not furnished will
normally be accepted in lieu of a medical certification. However, if an
employee is on leave restriction, management may require a physician\'s
statement for every use of sick leave.

D. It is the responsibility of an employee who is incapacitated for duty
to report or to have some responsible person report his or her illness
as soon as possible to the supervisor, or designee. This must be
accomplished no later than two hours after the employee is scheduled to
report for duty unless there are mitigating circumstances. An employee
who expects to be absent more than one day shall inform the supervisor
of the approximate date of return to duty, if possible. If he or she
does so, daily reports will not be required. An employee will not
routinely be required to reveal the nature of illness as a condition for
approval. Failure to furnish the nature of illness will not, in itself,
serve as a basis for disapproval.

**Section 4 - Maternity/Paternity Leave**

Sick leave, annual leave, or leave without pay may be granted as
appropriate to any employee who is pregnant, during delivery,
confinement, and for care of the infant. Annual leave or leave without
pay may be granted to male employees in order to aid or assist in care
of his minor children or the mother of the newborn child in relation to
confinement for maternity reasons. Sick leave, annual leave, or leave
without pay, as appropriate, also may be granted to any employee when
adopting a child.

**Section 5 - Military Leave**

A. Employees will be granted military leave in accordance with 5 U.S.C.
6323, and MP-5, Part I, Chapter 630, or MP-5, Part II, Chapter 7, as
applicable. Employees will be provided advice on leave benefits by the
human resources management office upon request.

B.  To use military leave employees must:

\(1\) Notify his or her supervisor as soon as possible after receiving
notification of the training or active service.

\(2\) Provide evidence of the requirement (written orders or
confirmation of orders by the individual\'s military commander).

\(3\) Request military leave, annual leave, or leave without pay as
appropriate, using standard form 71, Application for Authorized Leave,
or electronic procedures.

\(4\) Furnish a certification of completion of training or active
service from the military commander or superior upon returning to his or
her civilian position.

C. Employees will be granted military leave, annual leave or leave
without pay for all required military time, including drill weekends.
Requests to perform active or inactive duty for training that is in
addition to required military duty will not be viewed as requiring
automatic approval, but will be considered on a case by case basis.

**Section 6 - Administrative Leave or Excused Absence**

Consistent with Agency policy, management officials may grant absences
from duty without charge to leave. The following gives some of the
activities for which excused absences will normally be authorized. This
is not an all inclusive list. MP-5, Part I, Chapter 630 spells out other
instances when excused absence may be authorized. Administrative leave
is treated as time worked for all purposes, except that the employee is
excused from his regular assigned duties.

A. Infrequent or brief periods of absence or tardiness of less than one
hour due to circumstances beyond the employee\'s control;

B. Employees who give blood without compensation may be excused without
charge to leave for any portion of the day blood is donated, for travel
to the donation site, donation and recovery. Normally this will not
exceed 4 hours unless travel time is required.

C. For registering to vote and/or voting in governmental elections. When
the polls are not open at least three hours either before or after an
employee\'s regular hours of work, he or she may be granted an amount of
excused absence to vote which will permit the employee to report for
work 3 hours after the polls open or to leave work 3 hours before the
polls close, whichever requires the lesser amount of time off.

D. Fulfillment of administrative responsibilities in connection with a
nonlocal transfer;

E. Time spent in approved training;

F. Non-duty status when allowing the employee to continue working would
be dangerous to life or property, or otherwise inconsistent with the
fulfillment of the agency mission;

G. Severe weather and emergency situations;

H. Emergency treatment due to an on-the-job injury;

I. Jury duty;

J. As a witness in the employee\'s official capacity as a Federal
employee, serving as a witness in behalf of the Employer or the United
States in compliance with applicable regulations;

K. Court leave.

L. When an employee requires emergency treatment due to an on the job
injury, the employee will remain in pay status until released from the
emergency room or until the end of the scheduled shift.\
 \
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**Section 7 - Leave Without Pay**

Employees who do not have leave to their credit and wish to take leave
for emergencies or other necessities may be granted leave without pay
(LWOP) upon request. Employees may also be granted leave without pay
upon request if they have leave to their credit but choose not to take
it. Leave without pay may be granted on an extended basis for
educational purposes, while awaiting action on a disability retirement
or OWCP claim, and may be granted while serving as an officer or
representative of NFFE or the NFFE Council of consolidated VA locals
when involved in matters other than those covered by official time.
Requests will be considered on an individual basis. Leave without pay
may be granted for other reasons consistent with Department policy. The
Employer will notify each employee of the effect that taking a period of
extended leave without pay (more than 30 days) would have upon his/her
employment status and benefits. This will be done prior to the time the
leave is scheduled to commence and is actually taken, when the leave is
requested in advance.

**Section 8 - Disabled Veterans**

When a disabled Veteran employee presents a statement from a medical
authority that treatment is required, annual leave or sick leave will be
granted, if available; otherwise, leave without pay will be granted. The
granting of such leave is mandatory provided that the Veteran gives
prior notice of definite days and hours of absence for medical
treatment.

**Section 9 - Family Friendly Leave**

Employees may use the provisions of the Federal Employees Family
Friendly Leave Act which expands the use of sick leave by permitting
most employees to use a total of up to 104 hours of sick leave each
leave year (or, in the case of part-time employee with an uncommon tour
of duty, the number of hours of sick leave normally accrued during a
leave year) for the following:

\(1\) To provide care for a family member as a result of a physical or
mental illness, injury, pregnancy, childbirth; or for a medical, dental,
or optical examination or treatment; or

\(2\) Make arrangements necessitated by the death of a family member or
attend the funeral of a family member.

Under this act all covered full-time employees will be able to use a
total of up to 40 hours (5 workdays) of sick leave each year for family
care or bereavement purposes. In addition, a covered full-time employee
who maintains a balance of at least 80 hours of sick leave will be able
to use an additional 64 hours (8 workdays) of sick leave per year for
these purposes. This brings the total amount of sick leave available for
family care and bereavement purposes to a maximum of 104 hours (13
workdays) per year for employees who satisfy this condition. This act
includes the broader definition of \"family member\" that is used in the
Federal leave sharing program.\
 \
 

**Article 14**

**Pay, Leave Statements and Per Diem**

**Section 1 -** The Department will assist any employee who does not
receive a paycheck in a timely fashion. The Department will initiate
immediate action, in accordance with U.S. Treasury and VA regulations,
to secure a pay check for employees whose paycheck does not arrive
timely, including requesting a duplicate check if the regular pay check
is more than 3 days late. The parties agree whenever the Agency\'s error
results in a failure of an employee to receive full salary payment on
time, the Agency will take immediate action to expedite payment to the
employee. This might include payment from petty cash, duplicate check,
partial check, etc., to the extent that may be authorized.

**Section 2 - Pay Check and Leave and Earnings Statements**

The parties recognize that it is the employee\'s responsibility to
timely make arrangements for delivery of the employee\'s pay check.

A. Employees are encouraged to have their paychecks delivered by Direct
Deposit(DD) or Electronic Funds Transfer (EFT) to a financial institute
of their choice. This will be the norm. Where an employee does not elect
either of these methods of payment, the pay check and Earnings and Leave
Statement will be delivered as outlined in B., below.

B. Procedures

\(1\) Normally pay checks will be available for pick up at the agent
cashier during normal duty hours. Earnings and Leave Statements will be
delivered to employees at their worksite or duty station during the
employee\'s duty hours.

\(2\) If the employee is not at the duty station, pay checks and
Earnings and Leave Statements will be secured and made available to the
employee upon return, or, upon timely notice mailed to an address
designated by the employee.

\(3\) Employees will receive pay checks and Earnings and Leave
Statements on payday or as soon as received thereafter. Earnings and
Leave Statements will be distributed to each employee in a manner to
insure security and confidentiality. This will normally be by hand
delivery.

\(4\) The above procedures will be communicated to each new employee as
soon as possible and not later than 30 days after being employed. All
employees on board will be advised of these procedures within 30 days of
the facility\'s receipt of this agreement.

**Section 3 - Per Diem**

Under normal conditions, Management will plan trip assignments far
enough in advance so that if an employee needs a per diem advance,
sufficient time will be available to request and receive the advance to
use on the assigned trip. It is understood that employees who are
considered frequent travelers may be issued a credit card for Government
employees, and will be required to follow the provisions governing its
use. Each employee will be told the per diem rates applicable to their
trip as soon as Management ascertains which rates apply. Employees will
be reimbursed for expenses involved in official business in accordance
with regulations. If an employee is not notified of travel in time to
receive an advance from the normal financial source, a cash advance of
funds will be granted to the extent permissible by appropriate
regulations. If the employee has paid travel expenses out of pocket and
has not received reimbursement within 30 calendar days after submitting
a properly completed travel voucher, Management will initiate a
follow-up with the appropriate fiscal authority in an effort to secure
payment. Employees who are required to use their automobile for the
performance of official duties will be reimbursed for mileage and
parking expenses in accordance with applicable laws and VA regulations.\
 \
 

**Article 15**

**Performance Appraisal System**

**Section 1 - Purpose**

The parties to this agreement each recognize that high level performance
by the Department's employees is essential to the efficient operation of
the Department and is necessary for the achievement of its goals and
programs. The purpose of this article is to set forth a fair and
equitable procedure to be utilized by supervisors when informing
employees of their performance. The Department's employee performance
appraisal system will be administered in accordance with the
requirements of 5 U.S.C. 4301 et seq. and 5 CFR, Part 430 as amended and
in accordance with the VA Performance Appraisal Program outlined in VA
handbook, 5430.1 as supplemented by this agreement.

**Section 2 - Policy**

A new department wide performance appraisal program established two
levels of performance, successful (pass) and unacceptable (fail),
effective April 1, 1997. Employees will continue to be covered under
their current performance plan until performance plans are issued under
the appraisal program. For RIF purposes, employees within the same
competitive area should have the same number of ratings under the new
program to adjust for possible variations in appraisal cycles.

**Section 3 - Performance Plan**

Employees and their Union representatives will be involved in the
development of performance plans, including establishment and changes in
performance standards and elements. Any newly established standards and
critical elements must be established and communicated to the employee
within 90 days of the implementation of the new two tier system. A copy
of any draft performance standards will be provided to the affected
employee(s) and the Local Union, and each will be provided up to ten
(10) workdays to provide comments. When requested, management and the
employee(s) will meet to discuss the draft and review any
responses/comments received prior to issuing final standards. If the
standards are not changed the Union Local and the affected employees
will be given a response in writing. Supervisors will meet with affected
employee(s) to promote a common understanding of what is required for
satisfactory performance and how employees may exceed the standards
prior to implementation. Although performance standards may be modified
during the appraisal cycle such changes will be kept to a minimum. The
reasons for such changes will be explained to the affected employees at
the time the proposed changes are distributed. Employees who enter unit
positions or are promoted, demoted, or reassigned to a different unit
position should have their new performance standards communicated to
them as soon as possible, but normally no later that 30 days after
assuming the duties of the new position. In addition to the above, any
employee who has been detailed for the purposes of working official duty
time for partnership and or union positions, i.e.: Local Presidents on
permanent official time will be assigned a presumptory rating of
successful for reduction in force purposes (RIF).

**Section 4 - Performance Standards**

To the extent feasible, each employee's standard will permit the
accurate evaluation of job performance on the basis of objective
criteria related to the employee's job. Performance standards will be
defined at the successful (pass) level for each critical element to be
used in the summary rating of each employee. Additional elements may be
included in performance plans but may not be included in the summary
rating.

A performance standard is an expression of the performance requirements
that must be met to be appraised at the met (pass) level. A performance
standard may include quality, quantity, timeliness or manner of
performance, but in any case must be measurable.

**Section 5 - Performance Rating Procedures**

The evaluation of employees shall be objective to the extent possible.

A. In the interest of providing for objectivity in an appraisal, an
employee should have been working under the supervisory and performance
plan for at least ninety days. When this is not the case, the rating
will be deferred until these time frames are met. Ratings will not be
deferred on employees who are detailed to work partnership or union
duties positions on a full time basis.

B. The rating official shall be a supervisor/management official who has
direct knowledge about the employee's performance and the type of work
performed, and has had access to all the employee's performance records.

C. The rater will discuss the employee's job performance in private
surroundings where available on a continuing basis, but at least twice
in conjunction with the appraisal cycle prior to the final rating. The
review shall be documented on the appraisal form.

D. If the rater has identified shortcommings in the employee's
performance the employee shall be notified when the problem is
perceived. Where performance is less than satisfactory, the rater will
suggest ways for the employee to improve his/her work in order to more
satisfactorily perform duties at expected levels.

E. Employees will be rated annually through March 31 unless another
rating cycle is mutually agreed to. Employees will be afforded ten
workdays to submit a self-assessment providing information related to
their performance during the appraisal period. The rater will consider
all information such as assignments of any duration, abnormal work
situations and factors beyond the employee's control. Any discussions
held with employees at this time concerning their performance will be
conducted in private surroundings where available.

F. Raters are required to assist employees whose performance is less
than successful (pass). A memorandum will be prepared for employees
whose performance is less than successful (pass), explaining how their
performance is less than successful, what specific assistance will be
provided to assist them in improving their performance and that they
have at least 90 days to improve their performance to the successful
(pass) level. If the level is brought up to the pass level during the
PIP that level must be maintained for at least a year. Normally,
management is not obligated to provide more than two PIPs in one year.
If an employee does not improve the level to pass during the PIP, a
performance-based adverse action or other alternative action may be
proposed by management.

G. Within 30 days after the end of the appraisal period, a written
rating of record shall be prepared and given to each employee.

H. On the performance plan, feedback from customers, peers, and other
appropriate sources may be used but must be substantiated as valid.\
 \
 

**Article 16**

**Action Based on Unacceptable Performance**

**Section 1 -** Performance based actions do not apply to -

A. the reduction in grade or removal of an employee in the competitive
service who is serving a probationary or trial period under an initial
appointment or who has not completed 1 year of current continuous
employment or

B. The reduction in grade or removal of an employee in the excepted
service who has not completed 1 year of current continuous employment in
the same or similar position.

**Section 2**

A. Prior to proposing an action under this Section based on unacceptable
performance a formal 90 day or longer opportunity to improve period
shall be given to the employee. Such notice shall specify what the
employee must do to bring performance to a successful level during the
opportunity period and what assistance will be offered to the employee
in this effort.

B. If at the end of an opportunity period the individual is performing
at a successful level, he/she must maintain this level for one year from
the beginning date of the opportunity period. Failure to do so may
result in a proposal to demote or remove without benefit of another
opportunity period. If the performance during the opportunity period
increases to a successful level, the employee will upon request be
notified in writing that improvement has occurred.

C. An employee whose reduction in grade or removal is proposed is
entitled to;

1\. Thirty (30) days advance written notice which identifies:

(a.) Specific instances of unacceptable performance by the employee on
which the proposed action is based;

(b.) The critical element(s) of the employee's position involved in each
instance of unacceptable performance.

2\. Representation by NFFE representative(s) or other representative;

3\. A reasonable time to answer orally and in writing (not less that 14
days); and

4\. A written decision which;

(a.) Specifies the instances of unacceptable performance by the employee
on which the reduction in grade or removal is based; and

(b.) Unless proposed by the head of the Department has been concurred in
by an employee who is in a higher position than the employee who
proposed the action;

(c.) Specifies the employee's appeal right; and

(d.) Will be delivered at least five calendar days prior to the
effective date of the action.\
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**Article 17**

**Disciplinary and Adverse Actions**

**(Not arising out of or involving a question of professional conduct or
competence.)**

**Section 1**

A. Management agrees that action taken against unit employees will be
taken for just cause, consistent with applicable laws, and be fair and
equitable. The parties agree that the concept of progressive discipline,
designed primarily to correct and improve employee behavior, rather than
to punish, will usually be followed. A more serious penalty than the
least available may be taken whenever required by law or regulations, or
required to correct the attitude or conduct of the employee. Usually
progressively more severe penalties will be administered before removal
is initiated unless the offense is so serious that removal is justified.
Employees will not be subjected to arbitrary or unreasonable acts by
supervising personnel.

B. Alternative Discipline (AD)

The parties recognize that traditional discipline may not be indicated
in all cases. In many situations, AD techniques may provide a more
constructive approach to positively influencing future behavior. In
these cases the local parties are encouraged to consider using such
techniques.

**Section 2 - Preliminary Investigations**

In every case to determine what action is warranted, inquiry will be
made into the incident or situation, as soon as possible. Ordinarily
this inquiry will be made by the appropriate line supervisor. However,
as appropriate, it may be necessary for other management officials to
make the preliminary inquiry. The employee who is alleged to have
committed the offense and any other persons who may have pertinent
information about the case will be questioned, and signed statements
ordinarily will be obtained. Information will be developed impartially,
and reasonable effort will be made to reconcile conflicting statements
by developing additional evidence. In all cases, the information
obtained will be documented. Written material such as supervisory notes
may be used to support an action detrimental to an employee if such
material has been shown to the employee in a timely manner after the
occurrence of the act and a copy provided to the employee upon request.
The Union shall be given the opportunity to be represented at any
examination of a unit employee by a management official in any
investigation which may result in disciplinary or adverse action being
taken against the employee and the employee requests representation.

**Section 3 -**

For the purpose of this Article disciplinary actions are taken to
correct misconduct and to enforce prescribed rules of behavior.
Discipline will be promptly administered based upon the circumstances
and complexity of each case. It includes admonishments, reprimands, and
suspensions of 14 days or less. Adverse actions are a removal,
separation for disability, suspension for more than 14 days, furlough
for 30 days (22 non-continuous days) or less, or reduction in grade or
pay effected by management for either disciplinary or non-disciplinary
reasons, except for those which are excluded by law or regulation (see 5
CFR, pt. 752). The following definitions apply:

A. Disciplinary Actions

\(1\) Admonishment. A written statement of censure given to an employee
for a minor act or misconduct.

\(2\) Reprimand. A written statement of censure given to an employee for
repeated or more severe misconduct.

\(3\) Suspension of less than 15 calendar days. A suspension of 14
calendar days or less is an enforced temporary non-pay status and
absence from duty. Such action is given for serious misconduct. It may
also be given for continued or repeated acts of misconduct of a less
serious nature.

B. Adverse Actions

1.  Suspension of more than 14 Calendar Days. A suspension of more than
    14 calendar days is an enforced temporary non-pay status and absence
    from duty. Such action is given for serious misconduct. It may also
    be given for continued or repeated acts of misconduct of a less
    serious nature.

2.  Reduction in Grade for Disciplinary Reasons. A reduction in grade
    imposed for disciplinary reasons is proper when such action would be
    effective in correcting a situation and thus serve to retain a
    valuable and trained employee.

3.  Removal for Disciplinary Reasons. Removal for disciplinary reasons
    is an involuntary separation taken for serious misconduct or for
    continued or repeated acts of misconduct of a less serious nature.

4.  Non-Disciplinary Reasons Resulting in Removal or Reduction in Grade
    or Pay. An action may be non-disciplinary, but at the same time
    adverse to the employee. For example, the removal of an employee
    because of refusal to accompany the activity to a new location is an
    adverse action even though no disciplinary element is involved.
    Demotion or separation due to the employee's failure to meet the
    physical requirements of the same position is another example of an
    adverse action which did not grow out of a disciplinary situation.

5.  Demotion or Removal Based on Combination of Performance and
    Non-Performance Related Factors. Adverse actions based on a
    combination of performance and either misconduct or inability to do
    the work of the position because of disability are processed under
    this chapter.

6.  Furlough for 30 days or less. This is an non-disciplinary adverse
    action taken on the basis of an emergency situation, lack of work or
    funds, or other non-disciplinary reasons. Furloughs are appropriate
    only when motivated by temporary concerns. MP-5, Part I, chapter 351
    contains additional information.

**Section 4 -**

Normally admonishments will be retained for six months to one year.
Normally reprimands will be retained for one to two years. However, in
cases of patient abuse, disciplinary actions may be retained in the OPF
for as long as the individual is employed by VA. In extraordinary
circumstances, the time frames may be shortened or lengthened by the
issuing official. The employee may, after 6 months, make a written
request to the issuing official that the admonishment be withdrawn. The
employee may, after one year make a written request to the issuing
official that the reprimand be withdrawn. The removal of these actions
depends upon the employee's record being clean during the time of
retention and the seriousness of the offense. Except in the case of
disparate treatment, the decision to remove disciplinary actions is
excluded from the provisions of Article 6. Suspensions which are more
than 4 years old will be examined closely to determine their
appropriateness in support of further disciplinary/adverse actions.

**Section 5 - Procedures**

A. Letters of Admonishment or Reprimand: An admonishment or reprimand
will be in the form of an official letter to the employee describing the
action taken and why it was taken, including the policy, regulation, or
law violated. It will advise the employee that a copy of a disciplinary
action and any written explanation or comments regarding the
disciplinary action will be placed in the employee's Official Personnel
Folder (OPF). The disciplinary action will contain a statement advising
the employee of the right to appeal the action under the negotiated
grievance procedure (Article 6) and will inform the employee of the
withdrawal provisions. The employee will also be informed that he/she
may discuss the matter with their supervisor.

B. Suspension of 14 Days or Less and Adverse Actions:

\(1\) Prior to taking suspensions of 14 days or less and adverse
actions, employees will be given advance written notice of the action
proposed. The advance notice period for an adverse action will be not
less than 30 calendar days unless there is reasonable cause to believe
the employee has committed a crime for which a sentence of imprisonment
may be imposed. In these instances the advance notice may be limited to
7 days. All advance notices of proposed action will contain, at a
minimum, the following information: (See MP-5, Part I, chapter 752 for
additional information)

\(a\) The nature of the action proposed.

\(b\) The specific charges upon which the proposed action is based,
including names, dates, places, and other data sufficient to enable the
employee to fully understand the charges and to respond to them.

\(c\) Any specific law, regulation, policy, procedure, practice or other
specific instruction that has been violated as it pertains to the
charge(s).

\(d\) The right to review the material relied upon to support the
reasons for the proposed action, including any prior applicable
discipline or adverse actions.

\(e\) The right to reply orally or in writing, or both orally and in
writing, and to submit affidavits and other documentary evidence in
support of the reply.

\(f\) The right to a reasonable amount of time to submit the reply. The
employee will have 7 days to respond on a proposed disciplinary\` action
and 14 days to respond on a proposed adverse action.

g.  Identification of the official who will receive any oral and/or
    written reply.

\(h\) The right of any employee to choose his/her own representative, or
to represent themselves.

\(2\) The employee will be given a written decision as soon as possible
after his or her reply has been fully considered or after the expiration
of the time allowed for reply should the employee not reply. Time limits
for the employee's response may be extended upon request. After
carefully considering the evidence and the employee's response, if any,
including any mitigating factors, the deciding official shall make a
timely decision. Such decision may not be more severe than that which
was proposed.

\(3\) The decision letter shall contain, at a minimum, the following
information: (See MP-5, Part I, Chapter 752 for additional information).

a.  A statement of the reason(s) for the action being taken.

b.  A statement of how long and where the letter will be retained,
    (admonish or reprimand).

c.  A statement of what was considered in arriving at the decision.

d.  A statement that the employee may grieve the action under one of the
    following procedures: the agency grievance procedure, the negotiated
    grievance procedure or the EEO procedure, the time limits for filing
    under each procedure, and that the employee will be deemed to have
    exercised his/her option to raise the matter under one procedure or
    the other at the time the employee timely files a written grievance
    or files a formal written EEO complaint.

e.  A statement that the employee has the right to be represented by an
    attorney, Union representative or other representative of the
    employee's choice at all stages of the process, except for a
    grievance under the negotiated grievance procedure, in which case
    only a Union representative may be chosen, or the employee may chose
    to represent his/herself. The letter will also contain the Local
    Union President's name and telephone number

**Section 6 -** A duplicate copy of a letter of admonishment or
reprimand, and notice of proposed action and decision will be furnished
to the employee\
 \
 

**Article 18**

**Employee Assistance Program**

**Section 1 - General**

The Department shall maintain an effective employee assistance program
meeting the requirements of applicable laws, regulations and guidelines
found in Public Law 91-616, Public Law 92-255, and 5 C.F.R. Part 792.
Locally, the Union and the Employer shall discuss and negotiate
consistent with the law and VA policy any proposed changes or
recommendations relative to the program for employees with
medical/behavioral problems. The parties at the local level may
negotiate local procedures for cooperation in carrying out the intent of
this policy. Union members involved in representation pursuant to this
Article shall be considered to be on official duty. Employee
participation in the program shall be voluntary.

**Section 2 - Policy**

A. The Employer recognizes alcoholism, other drug or chemical
dependencies, and mental illness as illnesses. Employees who have these
illnesses will receive the same careful consideration and respect as
employees who have any other illness. The Employer will respect an
individual\'s right to privacy.

B. It is the basic function of a supervisor to identify poor job
performance and to take corrective action. The Employer recognizes,
however, that supervisors may not have the professional qualifications
to diagnose such problems as alcoholism, drug dependency, or mental
illness.

C. Diagnosis and/or treatment should be accomplished by referral of
employees to professional treatment and assistance sources.

D. The parties agree that confidential handling of problems under this
program is essential.

**Section 3 - Responsibilities and Guidelines**

The following program provisions will apply:

A. A supervisor shall immediately refer to the program any employee who
acknowledges having a medical or behavioral problem either of his or her
own or of a family member which is affecting the employee\'s performance
or conduct. If the supervisor reasonably suspects that the employee has
a problem in this area, he or she should refer the employee\'s name to
the program advisor. Once a supervisor makes a referral, the supervisor
will follow up with the program advisor in order to keep abreast of
available information regarding the employee\'s progress.

B. Employees may voluntarily seek assistance under the program.

C. A coordinator or counselor will be made available upon request within
a reasonable time period to employees at all locations.

D. Participation in the program shall not jeopardize an employee\'s job
security or his/her opportunity for promotion.

E. Sick leave, annual leave, or leave without pay will be granted for
treatment or counseling sessions consistent with practices for other
illnesses or circumstances.

F. The coordinator shall maintain an up-to-date listing of community
facilities for treatment of medical/behavioral problems. The listing
shall include the cost of such services and eligibility requirements.

G. If an employee wants to be accompanied by any individual (such as
union representative, family member, clergyman) at the initial
discussion with a program counselor, the additional person may attend.\
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**Section 4 - Confidentiality**

The confidential nature of medical records of employees with
medical/behavioral problems shall be maintained. Neither counselor nor
any management official shall reveal the name of a person voluntarily
seeking assistance without the employee\'s written consent.

**Section 5 - Publicity**

Management is committed to providing an effective Employee Assistance
Program that instills confidence in the employees that rehabilitation is
available and that positive efforts will be made to return the employee
to full performance. Management will provide reasonable publicity about
the Employee Assistance Program aimed at enhancing employee
understanding of the program. Management shall post its written policy
on the Employee Assistance Program, news about the program, and
assurances of confidentiality for participants on official bulletin
boards.

**Section 6 -** The Union may have a representative at any training
program provided for unit employees concerning the Employee Assistance
Program. The union representative will be provided official time if
otherwise in a duty status for such attendance. At the option of
Management, union officials may be invited to management training on the
program. If Management elects not to invite union officials, Management
agrees to provide the Union with a briefing of the training conducted.\
 \
 

**Article 19**

**Equal Employment Opportunity and Upward Mobility**

**Section 1 -** The parties agree that they are mutually committed to
the principle of equal opportunity in employment or conditions of
employment for all persons. They further agree that discrimination
because of race, color, religion, sex, national origin, age, or
non-disqualifying handicap shall be prohibited. Management agrees to
promote the full realization of equal employment opportunity through a
positive and continuing effort.

**Section 2 -** Management agrees to maintain a sufficient number of EEO
counselors who are properly trained, available and accessible to all
employees. All counselors will be specifically informed of the unit
employee\'s right to file a grievance under the negotiated grievance
procedure or file an EEO complaint. The Union at each facility may
recommend employees for EEO counselor positions. Such employees will be
given consideration based solely on their ability to perform the EEO
counselor functions.

**Section 3 -** An employee may have a representative of his/her choice
at any stage in the processing of an EEO complaint, except that only a
Union representative may represent the employee under the grievance
procedure in Article 6. Where the employee chooses to proceed through
the EEO procedure, his/her designation of a representative shall be in
writing. In cases where the representation of a complainant or agency
would conflict with the official or collateral duties of the
representative, the Commission or the agency may, after giving the
representative an opportunity to respond, disqualify the representative.
For example, an employee may not serve as an EEO counselor,
investigator, or EEO specialist and be a Union or personal
representative on the same case. Such would be considered a conflict of
interest. A Union Representative will be provided information necessary
to properly represent the employee, in accordance with law, regulation
and this agreement.

**Section 4 -** The parties recognize that the goal of the upward
mobility program is to provide opportunities for employees to advance so
as to perform at their highest potential consistent with the needs of
VA. Subject to these needs and available resources, Management agrees to
evaluate situations where vacancies can be filled at lower grade trainee
levels. When positions are identified, the positions will be announced
at grade levels below the target level and employees\' performance
potential for the target grade will be considered as a primary
evaluation factor in the rating and ranking process. Employees selected
for such positions will be provided specialized training geared to
assist them in reaching satisfactory performance in the target position.
Employees may seek guidance from their supervisor or the human resources
management office if they are interested in learning about career
opportunities.

**Section 5 -** Any employee engaging in discriminatory practices
against other employees shall be subject to prompt disciplinary action.

**Section 6 -** The Union at the local level will be allowed at least
one member on local EEO committees.

**Section 7 -** The Employer agrees to allow the Union an opportunity to
review and comment on the Department facility Affirmative Employment
Plan. The Union will also be given an opportunity to review and comment
on a Federal Employment Opportunity Recruitment Program plan prior to
its implementation.\
 \
 

**Article 20**

**Position Descriptions**

\[Not Applicable To Individuals Appointed Under 38 U.S.C. 7401(3) And
Individuals Appointed Under 38 U.S.C. 7405 to Occupations Listed in
7401(3)\]

**Section 1 -** Each unit employee is entitled to a complete and
accurate position/job description which shall be reviewed annually by
the employee and management. Duties and responsibilities which may have
an impact on the series, grade level or performance standards of the
position shall be promptly incorporated in the position/job description
to insure that the accuracy of the classification is maintained. The
term \"performs other duties as assigned\" as used in position/job
descriptions means duties related to the basic job. This phrase will not
be used to regularly assign work to an employee which is not reasonably
related to the basic position/job description. This provision in no way
precludes management from including additional though unrelated duties
in the position description nor does it prevent management from
assigning duties to employees.

**Section 2 -** The Union will be provided a copy of new or revised
position descriptions upon written request. Upon request, the Union may
review the material utilized to arrive at the assigned title, series and
grade.

**Section 3 -** Management agrees to provide the Local Union with copies
of any new classification standards for bargaining unit positions, and
when requested, copies of any position classification audits performed
on unit positions resulting in a change of series and/or grade.

**Section 4 -** Any employee in the unit who feels that he/she is
performing duties outside the scope of the position/job description or
that his/her position is inaccurately described or classified, may
request, through the immediate supervisor, that the position be
reviewed. In conducting such reviews, the reviewer will consider the
employee\'s written or oral comments. The employee, if he/she so
chooses, may be assisted or represented by a local union representative.
If the employee, or the employee\'s union representative, is not
satisfied with the accuracy of the position/job description after
discussion with the supervisor, they may present their views to the HRM
official responsible for the classification. That person will look into
the position and advise the employee, or his/her representative, of the
findings. If the employee is not satisfied with the results of such a
review, he/she shall be furnished, in writing, information on appeal
rights and procedures, upon request. An employee who files a
classification or job grading appeal to the Department shall have their
appeal decided within 60 days from the date of Department receipt of the
employee\'s completed statement. Employees or their representative will
be provided, upon request, a copy of the classification or job grading
appeal file.\
 \
 

**Article 21**

**Workweeks, Hours of Work and Flexitime**

**Section 1**

To the extent practicable, alternative work schedules may be established
at the local level in accordance with applicable law and regulations and
subject to the following conditions:

\(A\) Flexible work schedules consisting of flexitour and modified
flexitour as described in MP-5, Part I, Chapter 610, Section B, Change
3, September 8, 1993.

\(B\) Compressed work schedules as described in MP-5, Part I, Chapter
610, Section B, Change 3, September 8, 1993.

\(C\) Provisions of this Article are not intended to negate any
compressed workweek/flexitime schedules now in effect. Their continuance
will be decided at the local level. When local management makes a
determination to implement, change or terminate a compressed
workweek/flexitime schedule, the Union will be notified and upon
request, negotiations will take place as permitted by law and
regulation.

\(D\) All employees enrolled in educational courses may request an
exception to work schedules and tours of duty.\
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**Section 2 - Religious Observances**

In accordance with law and regulations, an employee whose personal
religious beliefs require that he/she be absent from work during his/her
scheduled work period may request, subject to the approval of the
overtime approving officials, to engage in overtime work for time lost,
and be granted (in lieu of overtime pay) compensatory time for the hours
missed for religious observance.

**Section 3 - Rest Break**

Each employee is authorized one fifteen (15) minute rest break within
each four hour work period including overtime. Where possible, employees
shall be allowed to take the rest break away from the immediate
worksite. It is agreed that the rest periods may not be continuations of
the lunch period and they may not be granted immediately after the
beginning of the work shift or immediately prior to quitting time, nor
shall they be accumulated. Although there may be rare occasions when
employees may not be able to exercise this right, it will not be
arbitrarily withheld.

**Section 4**

A. Employees whose regularly scheduled shift includes a 30 minute
non-paid lunch period may normally leave their worksites during their
lunch breaks. Where employees are required to work all or part of their
scheduled lunch period, they shall receive overtime or compensatory time
for such time worked.

B. Employees whose regularly scheduled shift of 8 hours or more does not
include a non-paid meal period and work load permits, the employee will
be afforded the opportunity to eat at some time during this tour.\
 \
 

**Article 22**

**Overtime**

**Section 1 -** Employee\'s will receive overtime or compensatory time
in accordance with applicable laws and regulations for work performed
after the employee\'s normal daily or weekly tour.

A. Overtime is creditable in increments of fifteen minutes. Any period
of eight minutes or more is creditable as a fifteen minute increment and
any period of less than eight minutes is disregarded.

B. Consistent with law and government wide regulation, employees covered
by the Fair Labor Standards Act (FLSA) may elect to receive overtime pay
or compensatory time for directed overtime. Employees covered by FLSA
may be asked by VA to perform overtime work for compensatory time.
Exempt employees whose rate of basic pay is at or below the maximum rate
of GS-10 may elect to receive compensatory time instead of overtime pay.
Exempt employees whose rate of basic pay exceeds the maximum for GS-10
may be directed to complete overtime work and receive compensatory time.
Employee elections for compensatory time will be in writing.

C. Consistent with law and government-wide regulations employees covered
by Federal Wage System (FWS), whether FLSA exempt or FLSA nonexempt, are
eligible for compensatory time. Compensatory time must be requested by
the employee.

**Section 2 -** The method of scheduling overtime will be subject to
negotiations in local supplemental agreements. Overtime will be
administered in a fair and equitable manner.

**Section 3 -** Records showing the overtime distribution shall be
maintained. The employer will make available to the local union, upon
request, available records of overtime assignment of unit employees.

**Section 4**

A. An employee who is officially scheduled to be on-call outside the
employee\'s regular duty hours shall receive 10 percent of the employees
applicable overtime rate for on-call duty. While in an on-call status,
an employee shall be available for prompt return to duty to perform
service.

B. An employee who is called back to work while in an on-call status
will be paid a minimum of two hours overtime. On-call shall be suspended
during the actual period of overtime duty; when released from overtime
duty the employee shall return to the remaining scheduled on-call duty,
if any, and receive on-call pay accordingly. When the period of
call-back overtime merges with the employee\'s regular tour of duty, two
hours minimum overtime pay does not apply.

C. On-call employees shall be compensated if called in for duty.
Employees may be temporarily removed from on-call status in advance of
being called in by contacting management for appropriate arrangements.

D. When on-call is mandated for a particular occupation and/or unit,
Management agrees to solicit volunteers for on-call status. When
sufficient qualified volunteers are not available, on-call duty status
will be scheduled in a fair and equitable manner among qualified
employees.\
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**Article 23**

**Reduction in Force and Reorganization**

**Section 1 -** The Department and NFFE jointly recognize the
desirability of maintaining the stability of employment for employees.

**Section 2 -** The Employer agrees to notify the Council President at
least 120 days prior to the effective date of any reduction in force,
reorganization, transfer of function or change in duty station involving
one NFFE bargaining unit which may result in separation of 50 or more
employees, or more than one NFFE bargaining unit which may result in
separation of 100 or more employees. In all cases the local union will
be notified in writing of a proposed reduction in force, reorganization,
transfer of function or change of duty station at least 60 days prior to
the effective date. At that time, Management will advise the local union
of the reasons for the reduction in force, reorganization, transfer of
function, or change of duty station, the number, title, series and
grades of positions which they expect to be abolished, and the measures
which management proposes to take to reduce the adverse impact on
employees. The above notices to the Union will be done before any
notification is given to employees. Notice to employees shall comply
with the requirements of 5 C.F.R. Part 351, MP-5, Part I, Chapter 351,
any other written VA policies and this agreement, and shall include
information regarding the employee\'s rights of appeal.

**Section 3 -** Management will give employees a 60 day specific written
notice before the effective date of release except if the reduction in
force is caused by circumstances not reasonably foreseeable; then VA,
with approval of the Office of Personnel Management, may shorten the
notice period to a period of not less than 30 full days before the
effective date of the release.

**Section 4 -** Management recognizes that it has an obligation,
consistent with the Statute, to negotiate with the union, if requested,
on any reduction in force or reorganization prior to implementation.

**Section 5 -** The Union and Management will jointly encourage each
employee to see that his/her personnel file and SF-171, Optional Form
(OF) 612 resume or other reasonable facsimiles are up to date as soon as
the reduction in force, reorganization, transfer of function or change
of duty station as listed in Section 2 is announced. Management will add
to the personnel file appropriate changes or amendments requested by the
employee. The personnel file, with appropriate qualification documents
will be used as needed to match employees with vacancies.

**Section 6 -** Although management is not obligated to fill vacancies
in a reduction in force or reorganization,

A. To the extent possible, necessary and continuing vacancies will be
used to provide placement opportunities for employees who will be
adversely affected by a reduction in force or reorganization. When
management chooses to offer vacancies, qualifications may be waived in
accordance with applicable regulations. The five-grades or grade-levels
restriction for 30% or more compensably disabled veterans does not apply
to vacancies used to afford assignment rights. Therefore, the vacancies
offered under this provision must not be more than three grades or grade
levels below the positions held by released employees.

B.  Employees may be offered lower-graded positions. Employees who are
    offered and accept such positions will be granted grade and pay
    retention in accordance with applicable regulations.

C. Offers of positions outside the local commuting area to employees
whose positions have been downgraded, and who are entitled to saved
grade or saved pay protections under Title VII of the Civil Service
Reform Act, may be declined by the employee and shall not affect the
entitlement to saved grade or saved pay. The distance involved in the
local commuting area shall be subject to local negotiations, but shall
include the community or geographic area that regularly supplies the
workforce.

**Section 7 -** All actions involving reduction in force shall be
administered in accordance with 5 C.F.R. Part 351, MP-5, Part I, Chapter
351 and other written Department of Veterans Affairs policies and this
agreement.\
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**Article 24**

**Outplacement**

**Section 1 -** In the event career or career-conditional unit employees
are being separated as a result of a reduction-in-force, transfer of
function or change in duty station, facility management will establish a
program of outplacement assistance consistent with the requirements of 5
CFR, and MP-5, Part I, Chapters 330 and 351 and the VA Career Transition
Assistance Plan where applicable. The primary aim of the program will be
to find continuing Federal employment for affected employees.

**Section 2 -** The Union and Management will jointly encourage each
employee to see that his/her personnel file and SF-171, Optional Form
(OF) 612, resume or reasonable facsimile are up-to-date as soon as the
RIF, transfer of function, change in duty station or reorganization is
announced. Management will add to the personnel file appropriate changes
or amendments requested by the employee. The personnel file, the SF-171,
OF 612, resume or reasonable facsimile will be used as needed to match
employees with vacancies.

**Section 3 -** The Human Resources Management office will review the
folders of employees being separated to identify the specific grades and
series of positions for which the employees qualify, and determine the
interest of employees in order to develop the best opportunities for
continued employment. The Union, with the employee\'s permission, may
review the above mentioned files.

**Section 4 -** An eligible employee may participate in the program
unless he/she accepts or declines a reasonable offer of a non-temporary
position for which the rate of basic pay is equal to or higher than the
rate to which the employee is entitled under pay retention.\
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**Article 25**

**Contracting Out Work**

**Section 1 -** Periodic briefings will be held with NFFE officials at
the local and national levels for the purpose of providing the Union
with information concerning any VA decisions that may impact on unit
employees in implementing OMB Circular A-76.

**Section 2 -** Management agrees to furnish the Union at the local
level with copies of the schedules pertaining to reviews of
commercial/industrial activities performed by unit employees at the
facility level. In addition, Management will provide the NFFE Council
President prior to publication with a copy of any review schedule for
more than one facility when NFFE units are affected. All such review
schedules will be published.

**Section 3 -** The Union may request in writing copies of any relevant
and pertinent data in connection with the implementation of OMB
Circular. A-76. After review of any such written request, VA will
provide the Union, to the extent not prohibited by law, data which is
reasonably available and necessary for full and proper discussion,
understanding and negotiation of subjects within the scope of collective
bargaining.

**Section 4 -** The Union at the local level will be notified when OMB
Circular A-76 bids pertaining to work performed by unit employees are
solicited. Further, they will be notified of the bid opening time and
location so they may attend.

**Section 5 -** Employees who are displaced due to the contracting out
of their jobs will be given the first opportunity to fill employment
openings created by the contractor. This applies only to job openings
for which such displaced employees are qualified and does not apply when
such employees would otherwise be prohibited from such employment by the
Government post employment conflict of interest standards. All
contractors shall be informed of the requirement before they enter the
contract.

**Section 6 -** After the proposed cost comparison decision has been
announced, copies of documentation, such as \"Cost Studies,\" shall be
made available to the Union upon request.

**Section 7 -** If Management makes a decision to contract out the work
of bargaining unit positions and bargaining unit employees are affected,
then Management will advise the Union at the local level of this
decision as soon as possible in order to provide the local union the
opportunity to request negotiations over the impact and implementation
of this decision.\
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**Article 26**

**Training**

**Section 1 -** Although it is expected that employees are qualified to
perform the duties of their positions as a prerequisite to employment,
the parties recognize the possible need for additional training,
retraining or continuing education to maintain the competence of the
workplace. Management will remind employees, at least annually of the
availability of training, and the nomination procedure.

**Section 2 -** Management is responsible for ensuring that employees
receive sufficient training for the purpose of performing the duties of
their positions. Supervisors are responsible for assessing the training
needs of employees in their respective work units, but employees may
bring to the attention of the supervisor any perceived training needs
relating to their work assignments.

**Section 3 -** Once job-related training needs are determined to exist,
appropriate methods for meeting those needs within available resources
will be the responsibility of Management. Training may be conducted
\"on-the-job\" or through formal training courses.\
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**Section 4**

A. When training is required by VA for the primary purpose of improving
employee skills, knowledges and abilities needed to perform competently
in his/her current position and the required training is scheduled
during work hours a reasonable effort will be made so that the employee
may be granted excused absence to attend.

B. When the primary objective of the training is improvement of general
skills, knowledges and abilities or career growth, the employee may
request a work schedule adjustment to accommodate the education or
training program.

C. For employees who are required to obtain continuing education in
order to maintain their state board certification, Management will make
a reasonable effort to approve requests for authorized absence if the
course is not offered at any time other than the employee\'s regularly
scheduled duty hours. Management agrees to consider requests for payment
of training expenses of any unit employee who is required by Federal or
state regulations to complete certain job related courses in order to
maintain proficiency or certification.

**Section 5 -** Evidence of completed training furnished by the employee
will be recorded in the employee\'s Official Personnel Folder.

**Section 6 -** VA agrees to extend consideration to the reimbursement
of expenses incurred by an employee in attendance at work-related
courses on his/her own time. Such consideration will be subject to the
availability of funds and the priorities of training needs. Partial or
full reimbursement if approved, will be in accordance with existing
policies and regulations. Subject to the approval of local management,
employees who are enrolled in such courses may use items such as
calculators and typewriters, at mutually agreeable times for such course
work, during their non-duty hours.

**Section 7 -** Notice of training, seminars, workshops, etc., will be
given a reasonable time in advance.

**Section 8 -** Reference material related to the performance of the
duties of an employee\'s position will be maintained in a location
reasonably accessible to the employee.

**Section 9 -** The local union shall be allowed membership on all
training committees established at the facility level which develop
training plans covering unit employees and/or consider requests for unit
employee training.

**Section 10 -** Consistent with budget and staffing restrictions,
management agrees to make every effort to provide training to any unit
employee whose position is adversely affected by reorganization or
changes in mission, budget or technology, in order to assist in the
placement of the employee in existing or projected vacancies.

**Section 11 -** To assure that the requirements of the law will be
effectively implemented, Management will provide appropriate training
and information to unit employees on the performance appraisal process.

**Article 27**

**Labor-Management Relations Training**

**Section 1**

A. Official time will be granted to Union officials for the purpose of
attending Union sponsored training and other training sessions which
pertain to labor relations, and are of mutual benefit to both parties
(e.g. contract administration, grievance handling and information
relating to labor relations laws, regulations and procedures, Agency
policy, working conditions, work schedules, performance ratings,
employee grievance procedures, pay, adverse action appeals and
negotiated agreements) and where the individuals can be spared. The
employee's request for official time should include a specific agenda of
the scheduled LMR training, and should be submitted as soon as
practical, but normally not later than two weeks prior to the training
session.

B. The amount and use of official time for labor-management relations
training, other than joint labor-management relations training , is an
appropriate subject for local negotiations. Training which relates to
internal Union business will not be conducted or attended on official
time

C. Scheduling arrangements for the use of official time for training
will be determined locally, consistent with the needs of the service.

D. Costs (except for salary otherwise payable) and arrangements for the
training will be the responsibility of the Union.

**Section 2 -** Joint employer/union sponsored training sessions are
often desirable to enhance local relationships. The establishment of
such sessions is a proper subject for local consideration at any time it
is mutually agreed to be of benefit.

**Section 3 -** The employer and the NFFE encourage the local parties to
conduct joint informative sessions relative to the administration of
this Agreement.\
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**Article 28**

**Orientation of New Employees**

**Section 1 -** During initial processing, all unit employees will be
informed by the Employer that NFFE is the exclusive representative of
employees in the unit. Each new unit employee will be offered a copy of
this agreement from the Employer, as well as a copy of any supplemental
agreement between VA and the NFFE local at the employing facility.
Employees will be informed where the agreement is electronically
available. The Employer shall also provide each new unit employee the
most current list of the officers and representatives of the local
union.

**Section 2 -** A representative of the local union shall be afforded a
period of time, to be mutually agreed upon at the local level, to speak
to all new unit employees at scheduled group orientation sessions and to
provide such employees with an introduction to the role of the Union.
The union representative may not solicit membership during this
presentation.

**Section 3 -** The Employer shall furnish the President of the local
union, on a monthly basis, the following information regarding all new
employees who are members of the bargaining unit:

\(a\) Full name;

\(b\) Position title and grade;

\(c\) Organizational assignment;

\(d\) Date of entrance on duty.\
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**Article 29**

**Probationary/Trial Period Employees**

**Section 1 -** The parties agree that the probationary/trial period is
a highly significant step in the examining process which provides the
final and indispensable test, that of actual performance on the job of
an individual\'s fitness for permanent Federal service.

**Section 2 -** Within one week of entrance on duty, a
probationary/trial period employee will be informed by Management of the
duties of the position, the training which will be made available, the
rate of progression, if appropriate, and what will generally be expected
of the employee.

**Section 3 -** Management will periodically review the employee\'s
performance during the probationary/trial period and shall inform the
employee of any shortcomings, deficiencies in performance, or instances
of misconduct perceived by the supervisor. Although persons selected for
employment are presumed to possess the skills and character traits
necessary for satisfactory performance as a permanent employee, during
the initial period of employment supervisors and human resources
management officials must make a sincere effort to orient new employees
and provide essential training in the new work situation.

**Section 4 -** Probationary/trial period employees shall be given a
full and fair opportunity to demonstrate their fitness for permanent
Federal employment. When it is determined that a probationary/trial
period employee has failed to demonstrate their fitness for continued
Federal employment after having been provided such an opportunity,
action may be initiated by Management to separate the employee during
the probationary/trial period. Such action may be based on deficiencies
in work performance, lack of aptitude or cooperativeness, misconduct, or
undesirable suitability characteristics evidenced by activities either
during or outside official working hours.

**Section 5 -** When Management makes a decision to separate an employee
during his/her trial period, the employee will be provided a written
notice which summarizes the reasons for the Management determination.
Normally a notice of separation will be given to the employee ten
calendar days prior to the effective date of separation unless the
circumstances indicate that a shorter notice period would be
appropriate.\
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**Article 30**

**Sexual Harassment**

**Section 1 -** Sexual harassment is a form of workplace misconduct
which undermines the integrity of the employment relationship. All
employees must be allowed to work in an environment free from
unsolicited and unwelcome sexual overtures. Sexual harassment
debilitates morale and interferes in the work productivity of its
victims and co-workers; it requires immediate and sensitive action by
those to whom the problem is made known.

**Section 2 -** Sexual harassment is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature when:

A. submission to such conduct is made either explicitly or implicitly a
term or condition of an individual\'s employment, or

B. submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual, or

C. such conduct has the effect of unreasonably interfering with an
individual\'s work performance or creating an intimidating, hostile, or
offensive working environment.

**Section 3 -** Each facility required to submit affirmative employment
program plans will include as part of that plan an outline of reasonable
action for the prevention of sexual harassment. A copy of the plan will
be reasonably available and accessible for review by employees.

**Section 4 -** An employee may grieve an incident of sexual harassment
or file a complaint of discrimination regardless of whether the incident
results in the loss of an economic or employment benefit.\
 \
 

**Article 31**

**Child Care**

**Section 1 -** The parties agree that the issue of child care shall be
the subject of local bargaining and that a good faith effort to
establish child care centers will be made where surveys show that a need
exists and that it is economically feasible.

**Section 2 -** At stations where child care facilities are not
currently available, the facility will work with the union to determine
need via a survey every two years and shall determine the options
available. Where economically feasible, the facility may consider
establishing a child care center or may consider making available child
care service with a facility close to the work station. Fees and costs
will be established locally by the child care center provider; however
if possible the fees and costs negotiated with the provider should be
based on factors such as number of children to be cared for, cost of
care provider and teachers, overhead expenses (land, building, supplies,
etc.). Hours of operation will be determined by the operator of the
child care center, but where possible should be negotiated to be
flexible enough to meet as broad a need as economically feasible.

**Section 3 -** Where child care services are available, efforts will be
made to develop an agreement with the provider which will allow for
payroll withholding for child care costs of VA employees.\
 \
 

**Article 32**

**Parking**

**Section 1** - Where employees are not being charged for parking that
is available at the time this Agreement becomes effective, no charge
will be initiated for the duration of this Agreement, unless required by
law. The parties agree that secure, adequate and accessible parking for
employees helps better serve customer needs and should be a
consideration in local arrangements.

**Section 2** - The parties agree that certain aspects of parking are
appropriate for local supplemental negotiations.\
 \
 

**Article 33**

**Miscellaneous Provisions**

**Section 1 -** The employer agrees to take appropriate action to assure
that facility restrooms used by unit employees are maintained in a
sanitary manner.

**Section 2** - The employer agrees that employees may have personal
items that are in good taste in or on their desk as long as space
required for needed manuals, files, forms and supplies is not
sacrificed. Desks may be subject to inspections for safety, sanitation
and security reasons. VA is not responsible for the loss of or damage to
personal items.

**Section 3 -** Each local facility Director will make a reasonable
effort to provide, within available space and resources, suitable lounge
and eating facilities in close proximity to employee\'s worksites.
Employees using these facilities will be responsible for policing and
maintaining proper sanitary conditions. Details on the use of these
facilities will be resolved at the individual facility level.

**Section 4 -** The Employer will maintain an Official Personnel Folder
(OPF) on each employee. An employee may review his/her OPF upon request.
A designated representative must have the employee\'s written
authorization to review the folder if not accompanied by the employee.
Management may require that a management official or designee be present
when the OPF is being reviewed. A copy of any document in the folder
will be provided to the employee upon request if permissible by law and
regulation. If any document which is, or may be considered to be
derogatory to an employee (e.g., a memo for record, warning letter,
etc.) is placed in an employee\'s personnel folder, the employee will be
provided a copy at the time the document is included in the OPF. In this
regard, an employee may make a written rebuttal to any such document in
his/her personnel folder and have it placed in the folder. Copies of
employee grievances shall not be filed in an Official Personnel Folder.
Neither shall proposed notices and decision letters on suspensions and
adverse actions be filed in an OPF. In no case will an employee be
denied access to a record which is personally identifiable to him/her,
where the law provides for access; however, it is recognized that the
process for review of records may be governed by laws, rules,
regulations and/or policy. An employee\'s representative must be
designated in writing, by the employee, in order for the representative
to review an employee\'s Official Personnel Folder. Requests for review
or copies of documents by the Union in a representational status will be
subject to applicable laws and regulations. All information received by
the Union in this capacity is considered confidential and will be
treated accordingly.

**Section 5 -** The use of volunteers will be in accordance with
applicable law.

**Section 6 -** Personnel required to wear police uniforms or scrub
uniforms will be provided with separate dressing facilities. Due to
space problems, the specifics of dressing facilities will be an
appropriate subject for local supplemental contract negotiations.

**Section 7 - Pay VA**

Neither party waives any rights to negotiations on appropriate matters
which may be affected by Pay VA. The Employer agrees to negotiate as
appropriate on Pay VA after completion of the task force and any related
tests/pilots.

**Section 8 - Flexiplace**

Flexiplace will be administered in accordance with law, government wide
regulations and the negotiated VA Policy in VA Directive 5368 and VA
Handbook 5368.

A. The above cited flexiplace policy provides employees with the
opportunity to perform their work at locations other than the
traditional office settings. It may include home-based telecommuting,
community-based telecenters, mobile/vertical offices, and U.S. General
Stores. Participation in a flexiplace assignment either at work or at a
telecenter is voluntary.

B. Participation in a flexiplace arrangement is not an employee right;
however, whenever appropriate, management may consider establishing
flexiplace arrangements to meet its needs as well as those of employees.
Flexiplace benefits both the Department and employees by providing an
alternative work situation which may improve services to the Veterans,
improve productivity, keep recruits and retain personnel, and improve
the quality of life of participants.

C. VA Directive 5368 and VA Handbook 5368 more fully cites the criteria
and conditions for the use of flexiplace. The Directive and handbook
will be made available during normal office hours upon request and will
be provided to each Local at the facility.\
 \
 

**Article 34**

**Duration**

**Section 1** - This agreement shall become effective on the date of
approval by the Secretary of the Department of Veterans Affairs or
his/her designee on the 31st day following the date on which the
agreement is executed, which ever occurs first.

**Section 2** - The parties agree that after this agreement is approved
and the July 1994 Agreement between the Department of Veterans Affairs
and the National Federation of Federal Employees VA Council covering
Title 38 employees is amended to modify the Duration Article, the two
agreements will be consolidated (as separate parts of one agreement).

**Section 3** - After the consolidated agreement has been in effect for
18 months each of the parties may propose to reopen up to a total of 5
articles. In order to reopen the agreement the party wishing to reopen
the agreement will serve the other party with a written notice of its
desire to amend or modify the agreement.

Although the two agreements will be consolidated there will be no merger
of language and each part will continue to apply to only the employees
covered by it.

**Section 4** - This agreement shall remain in effect for a period of
three (3) years, and will automatically renew itself for three year
intervals, unless either party serves the other party with a written
notice of its desire to amend or modify or negotiate the agreement. Such
notice must be given no less than 60 or more than 105 calendar days
prior to any expiration date. If such notice is given and negotiations
are not completed by the expiration date, this agreement will be
extended until the changes have been negotiated and approved.\
 \
 

**APPENDIX A**

**Non-Professional Units**

**INCLUDED**: All non-professional GS employees of the Veterans
Administration Regional Office, Milwaukee, Wisconsin.

**EXCLUDED**: All professional employees, management officials,
employees engaged in Federal personnel work in other than a purely
clerical capacity, student aides, Wage Grade employees, supervisors and
guards as defined in Executive Order 11491.

**INCLUDED**: All non-professional employees of the Veterans
Administration Medical Center Wood, Wisconsin.

**EXCLUDED**: Professionals, confidential management officials,
supervisors, wage grade, non-appropriated fund employees, employees
engaged in Federal personnel work in other than a purely clerical
capacity.

**INCLUDED**: All non-supervisory, non-professional employees of the
Veterans Administration in Indianapolis Regional Office.

**EXCLUDED:** All professional employees, management officials,
supervisors, guards and employees engaged in Federal personnel work in
other than a purely clerical capacity.

**INCLUDED**: All non-professional General Schedule employees of the VA
Regional Office, Montgomery, Alabama.

**EXCLUDED**: All professional employees, management officials,
confidential employees, supervisors, employees engaged in Federal
personnel work in other than a purely clerical capacity.

**INCLUDED**: All non-professional employees of the VA Regional Office,
Little Rock, AR.

**EXCLUDED**: Professional employees, management officials, supervisors,
and employees engaged in Federal personnel work in other than a purely
clerical capacity.

**INCLUDED:** All General Schedule (GS) and Wage Grade (WG) employees,
including Canteen Service employees, employed at the Fort Miley Veterans
Administration Hospital, San Francisco, California.\
 \
 

App. I-1

**EXCLUDED**: All professional employees, management officials,
temporary Wage Grade employees whose appointments are made by Agency
delegated authority not to exceed 700 hours, employees engaged in
Federal personnel work in other than purely clerical capacity,
supervisors, and guards as defined in the Order.

**INCLUDED:** All non-professional General Schedule employees under the
jurisdiction of the VA Regional Office, Atlanta, Georgia

**EXCLUDED**: All professional employees, supervisors, management
officials and employees engaged in Federal personnel work in other than
a purely clerical capacity.

**INCLUDED**: All non-professional employees of the VA Hospital, Walla
Walla, Washington.

**EXCLUDED:** Management officials, supervisors, temporary employees,
and employees engaged in Federal personnel work in other than a purely
clerical capacity.

**INCLUDED**: All regularly scheduled full and part-time employees,
including guards, employed by the Fargo Veterans Administration Center
and Canteen, Fargo, North Dakota

**EXCLUDED**: Management and supervisory personnel (supervisors are
defined as those officially journalized or recorded in personnel records
as supervisors. Leaders are not considered supervisors), registered
nurses, personnel employees except those engaged in purely clerical
work, guards, trainees, intermittent part-time employees, personnel
appointed on a temporary basis (90 days or less), and all professional
employees (which include nurse anestheists).

**INCLUDED**: All non-professional Wage Grade, General Schedule
employees and Canteen Service employees at the VA Hospital, Castle
Point, NY.

**EXCLUDED:** Management officials, supervisors, employees engaged in
Federal personnel work in other than a purely clerical capacity and
professional employees.

**INCLUDED**: All GS firefighters of the VA Hospital, Northport, New
York.

**EXCLUDED:** Management officials, supervisory employees engaged in
Federal personnel work in other than a purely clerical capacity.

**INCLUDED**: All hospital police of the VA Medical Center, Northport,
NY.\
 \
 

App. I-2

**EXCLUDED**: All other non-professional employees, professional
employees, registered nurses, firefighters, employees engaged in Federal
personnel work in other than a purely clerical capacity, management
officials and supervisors, as defined in Executive Order 11491 as
amended.

**INCLUDED**: All non-professional employees of the Veterans
Administration Regional Office in Columbia, South Carolina.

**EXCLUDED:** All professional employees, management officials,
employees engaged in Federal personnel work in other than a purely
clerical capacity, and guards and supervisors as defined in Executive
Order 11491.

**INCLUDED**: All non-supervisory, non-professional employees of the
Veterans Administration Regional Office, Roanoke, Virginia.

**EXCLUDED**: All professionals, supervisors, managerial executives,
those engaged in civilian personnel work in other than a purely clerical
capacity, and guards.

**INCLUDED**: All non-supervisory, non-managerial, non-professional,
full-time and regularly scheduled part-time general schedule employees
of the VA Hospital, Long Beach, California.

**EXCLUDED**: Management officials, supervisors, employees engaged in
Federal personnel work in other than a purely clerical capacity, and
professional employees.

**INCLUDED**: All non-professional employees, both permanent and
temporary, employed by the Department of Veterans Affairs Medical
Center, Jackson, Mississippi and Department of the Veterans Affairs
Veterans Benefits Administration.

**EXCLUDED**: All professional employees, all management officials,
employees engaged in personnel work other than a purely clerical
capacity, and guards and supervisors as defined in Executive Order
11491, as amended, and all non-supervisory, wage board employees and
building management division, engineering division, supply division,
dietetic service and canteen service.

**INCLUDED:** All Police Officers of the Veterans Affairs Hospital,
Jackson, Mississippi.

**EXCLUDED:** All other non-professional employees, all professional
employees, Wage-Grade employees, supervisors, management officials, and
employees described in 5 U.S.C. 7112(b)(2), (3), (4), (6) and (7).\
 \
 

App. I-3

**INCLUDED:** All employees employed by the Veterans Administration at
its Data Processing Center and Finance Center located at Austin, Texas.

**EXCLUDED**: All professional employees, management officials,
supervisors, and employees described in 5 U.S.C. 7112 (b) (2), (3), (4),
(6) and (7).

**INCLUDED:** All employees employed by the Veterans Administration at
its Data Transmission system location Austin, Texas.

**EXLUDED:** All Professional employees, management officials,
supervisors, and employees described in 5 U.S. C. 7112(b)(2), (3), (4),
(6) and (7).

**INCLUDED:** All employees employed at the Amarillo, VA Hospital,
Amarillo, Texas.

**EXCLUDED**: Professional employees, management officials, employees
engaged in Federal personnel work in other than a purely clerical
capacity, and supervisors as defined in Executive Order 11491 as
amended.

**INCLUDED**: All full-time and part-time employees of the Veterans
Administration Hospital, Miles City, Montana, including the employees of
the Veterans Canteen Service located at this hospital.

**EXCLUDED**: Any managerial executive, any employee engaged in Federal
personnel work in other than a purely clerical capacity, supervisors,
professionals, and temporary time-limited and WOC employees.

**INCLUDED**: All regular full-time and part-time General Schedule and
Wage Grade employees of the Veterans Administration Hospital, East
Orange, New Jersey, and the out-patient clinic, Newark, New Jersey,
including the Canteen Service employees.

**EXCLUDED**: Professional employees, employees engaged in Federal
personnel work in other than a purely clerical capacity, management
officials and supervisors and guards as defined in the Order.

**INCLUDED**: All non-professional General Scheduled and Wage Grade
employees of the VA Hospital and Canteen employees, Miami, Florida.

**EXCLUDED**: All professionals, management officials, supervisors,
confidential employees, and employees engaged in Federal personnel work
in other than a purely clerical capacity.\
 \
 

App. I-4

**INCLUDED:** All regular work-force non-professional employees of the
Regional Office Veterans Administration, Houston, Texas.

**EXCLUDED**: All employees of the Director\'s Office, employees engaged
in Federal personnel work in other than a purely clerical capacity,
supervisors as defined in Section 2(c) of the Executive Order 11491, VA
management officials, all employees serving under temporary limited
appointments of one year or less and CETA enrollees.

**INCLUDED**: All non-professional non-supervisory employees of the Ft.
Blis National Cemetery, Ft. Bliss, Texas.

**EXCLUDED**: Management officials, supervisors, and employees engaged
in Federal personnel work in other than a purely clerical capacity.

**INCLUDED:** All employees employed by the Veterans Administration
Regional Office, Louisville, Kentucky.

**EXCLUDED**: Management officials, professional employees, employees
engaged in Federal personnel work in other than a purely clerical
capacity, and supervisors and guards as defined in the Order.

**INCLUDED**: Non-professional employees of the U.S. Veterans
Administration Hospital, Spokane, Washington.

**EXCLUDED**: Professional employees, managers, supervisors as defined
in the Order, persons engaged in Federal personnel work in other than a
purely clerical capacity.

**INCLUDED:** All employees of the Veterans Canteen Service at the
Veterans Administration Hospital, Spokane, Washington.

**EXCLUDED:** Management officials, supervisors, and employees described
in 5 U.S.C. 7112(b)(2), (3), (4), (6) and (7).

**INCLUDED:** All non-professional employees of the Veterans
Administration Regional office, Portland, Oregon.

**EXCLUDED:** All professional employees, management officials;
supervisors; and employees described in 5 U.S.C 7112(b)(2), (3), (4),
(6) and (7).\
 \
 

App. I-5

**INCLUDED:** All nonprofessional General Schedule (GS) employees
employed at the Department of Veterans Affairs, Clement J. Zablocki
Medical Center, VA Fox Valley Satellite Outpatient Clinic, Appleton,
Wisconsin.

**EXCLUDED:** All professional employees, management officials,
supervisors, and employees described in 5 U.S.C. 7112 (b)(2), (3), (4),
(6) and (7).

**INCLUDED:** All full-time nonprofessional employees of the Department
of Veterans Affairs, Income Verification Match Center, Atlanta, Georgia.

**EXCLUDED:** All professional employees, supervisors, management
officials, confidential employees and employees as described in 5 U.S.C.
7112 (b)(2), (3), (4), (6) and (7).

**INCLUDED:** All nonprofessional employees of the Department of
Veterans Affairs Veterans Centers, Fargo, North Dakota and Minot, North
Dakota.

**EXCLUDED:** All professional employees; management officials;
supervisors, and employees described in 5 U.S.C. 7112(b)(2), (3), (4),
(6) and (7).\
 \
 

Appendix A

Professional Units

**INCLUDED**: All professional employees of the Veterans Administration
Regional Office, Cleveland, Ohio.

**EXCLUDED:** Management officials, non-professional employees,
employees engaged in Federal personnel work in other than a purely
clerical capacity, and supervisors and guards as defined in the Order.

**INCLUDED** All non-supervisory professional employees of the Veterans
Administration in Indianapolis Regional Office.

**EXCLUDED:** All non-professional employees, management officials,
supervisors, guards and employees engaged in Federal personnel work in
other than a purely clerical capacity.

**INCLUDED**: All professional General Schedule employees of the VA
Regional Office, Montgomery, Alabama.

\~

App. I-6

**EXCLUDED:** All non-professional employees, management officials,
confidential employees, supervisors, employees engaged in Federal
personnel work in other than a purely clerical capacity.

**INCLUDED:** All professional General Schedule employees under the
jurisdiction of the VA Regional Office, Atlanta, Georgia.

**EXCLUDED:** All non-professional employees, supervisors, management
and employees engaged in Federal personnel work in other than a purely
clerical capacity.

**INCLUDED:** Non-supervisory professional employees of the Fargo VA
Center and Canteen, Fargo, North Dakota.

**EXCLUDED:** Management and supervisory personnel (supervisors are
defined as those officially journalized or recorded in personnel records
as supervisors. Leaders are not considered supervisors), Registered
Nurses (Nurse anesthethists are not excluded), Personnel employees
except those engaged in purely clerical work, Guards, Trainees,
Intermittent part-time employees, and personnel appointed on temporary
basis (90 days or less).

**INCLUDED:** All full-time and regular part-time non-supervisory
professional employees employed at the Veterans Administration Hospital,
Castle Point, New York.

**EXCLUDED:** Employees engaged in Federal personnel work in other than
a purely clerical capacity, management officials, guards and supervisors
as defined in Executive Order and all other employees.

**INCLUDED:** All professional employees of the Veterans Administration
Regional Office in Columbia, South Carolina.

**EXCLUDED:** All non-professional employees, management officials
employees engaged in Federal personnel work in other than a purely
clerical capacity, and guards and supervisors as defined in Executive
Order 11491.

**INCLUDED:** All professional employees, both permanent and temporary,
employed by the Department of Veterans Affairs Medical Center, Jackson,
Mississippi and the Department of Veterans Affairs Regional Office,
Jackson, Mississippi.\
 \
 

App. I-7

**EXCLUDED:** All non-professional employees, management officials,
employees engaged in Federal personnel work in other than a purely
clerical capacity, and guards and supervisors as defined in Executive
Order 11491, as amended, and all non-supervisory, wage board employees
and building management division, supply division, dietetic service and
canteen service.

**INCLUDED:** All professional employees of Veterans Administration
Hospital and out-patient clinic, East Orange, New Jersey.

**EXCLUDED:** Director, managerial officials, supervisory, personnel
officials except those of purely clerical position, guards and
non-professional employees.

**INCLUDED:** All non-supervisory professional employees, and Department
of Medicine and Surgery professional employees, employed at the Veterans
Administration Center, Wadsworth, Kansas.

**EXCLUDED:** All managerial officials, supervisors, employees engaged
in Federal personnel work in other than a purely clerical capacity,
guards, and non-professional employees.

**INCLUDED:** All non-supervisory professional employees located at the
Veterans Administration Center, Martinsburg, West Virginia.

**EXCLUDED:** Managerial officials, supervisors, units of General
Schedule and wage grade employees currently under exclusive recognition,
nurses, employees engaged in Federal personnel work in other than a
purely clerical capacity, guards.

**INCLUDED:** All professional employees of the VA Hospital, New
Orleans, LA.

**EXCLUDED:** Doctors in training programs, all non-professional
employees, management officials, supervisors employees engaged in
Federal personnel work in other than a purely clerical capacity.

**INCLUDED:** Professional employees of the U.S. Veterans Administration
Hospital, Spokane, Washington.

**EXCLUDED:** Non-professional employees, managers, supervisors as
defined in the Order, persons engaged in Federal personnel work in other
than a purely clerical capacity.

**INCLUDED:** All Title 5 professional employees of the Veterans
Administration Medical Center, Decatur, Georgia.

App. I-8

**EXCLUDED:** All nonprofessional employees, temporary employees,
management officials, supervisors and employees described in 5 U.S.C.
7112 (b)(2), (3), (4), (6) and (7).

**INCLUDED:** All Title 5 professional employees of the Department of
Veterans Affairs Medical Center, Miles City, Montana.

**EXCLUDED:** All nonprofessional employees; management officials;
supervisors and employees described in 5 U.S.C. 7112 (b)(2), (3), (4),
(6) and (7).

**INCLUDED:** All Pharmacists of the Regional Consolidated Mail Out
Patient Pharmacy, Leavenworth, Kansas.

**EXCLUDED:** All other professional employees; nonprofessional
employees management officials; supervisors; and employees described in
5 U.S.C. 7112 (b)(2), (3), (4), (6) and (7).

**INCLUDED:** All professional employees employed by the Veterans
Administration Medical Center, Shreveport, Louisiana.

**EXCLUDED:** All nonprofessional employees, management officials,
supervisors, professional employees appointed under intermittent,
part-time, temporary or term appointments; Dental and Physician
Residents; Professional Nurses; Professional employees whose duty
station is at a Community Based outpatient clinic or Veterans Outreach
Center, and employees described in 5 U.S.C. 7112 (b)(2), (3), (4), (6)
and (7).

**INCLUDED:** All professional employees located at the Veterans
Administration Medical Center, Walla Walla, Washington.

**EXCLUDED:** All nonprofessional employees and employees described in 5
U.S.C. 7112 (b)(2), (3), (4), (6) and (7).\
 \
 

App. I-9

**VA / NFFE MASTER AGREEMENT**

**Part B**\
**Title 38 Employees**\
\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

+-----------------------------------------------------------------------+
| **Part B**\                                                           |
| **Title 38 Employees**                                                |
|                                                                       |
| ARTICLE TITLE PAGE                                                    |
|                                                                       |
| > Preamble 1                                                          |
| >                                                                     |
| > 1 Recognition and Unit Description 2                                |
| >                                                                     |
| > 2 Union Rights and Representation 2                                 |
| >                                                                     |
| > 3 Employee Rights 6                                                 |
| >                                                                     |
| > 4 Management Rights 9                                               |
| >                                                                     |
| > 5 Voluntary Allotment of Union Dues 10                              |
| >                                                                     |
| > 6 Grievance Procedure 12                                            |
| >                                                                     |
| > 7 Arbitration 16                                                    |
| >                                                                     |
| > 8 Bargaining During the Term of Agreement 18                        |
| >                                                                     |
| > 9 Use of Official Facilities and Services 20                        |
| >                                                                     |
| > 10 Suggestion Program 23                                            |
| >                                                                     |
| > 11 Professional Advancement and Assignments 23                      |
| >                                                                     |
| > 12 Safety and Health 24                                             |
| >                                                                     |
| > 13 Leave 29                                                         |
| >                                                                     |
| > 14 Pay Checks, Leave Statements and Per Diem 35                     |
| >                                                                     |
| > 15 Proficiency Ratings 36                                           |
| >                                                                     |
| > i                                                                   |
| >                                                                     |
| > 16 Disciplinary and Adverse Actions 37                              |
| >                                                                     |
| > 17 Employee Assistance Program 41                                   |
| >                                                                     |
| > 18 Equal Employment Opportunity 43                                  |
| >                                                                     |
| > 19 Functional Statements 43                                         |
| >                                                                     |
| > 20 Workweeks, Hours of Work, Flexitime 44                           |
| >                                                                     |
| > 21 Overtime 45                                                      |
| >                                                                     |
| > 22 Staffing Adjustments 46                                          |
| >                                                                     |
| > 23 Out Placement 46                                                 |
| >                                                                     |
| > 24 Training 47                                                      |
| >                                                                     |
| > 25 LMR Training 48                                                  |
| >                                                                     |
| > 26 Orientation of New Employees 49                                  |
| >                                                                     |
| > 27 Probationary Period Employees 50                                 |
| >                                                                     |
| > 28 Sexual Harassment 50                                             |
| >                                                                     |
| > 29 Role of the Registered Nurse 51                                  |
| >                                                                     |
| > 30 Child Care 51                                                    |
| >                                                                     |
| > 31 Miscellaneous Provisions 52                                      |
| >                                                                     |
| > 32 Duration 53                                                      |
| >                                                                     |
| > Appendix A App. I-1                                                 |
| >                                                                     |
| > ii                                                                  |
|                                                                       |
| **PART B**                                                            |
|                                                                       |
| Department of Veterans Affairs                                        |
|                                                                       |
| and the                                                               |
|                                                                       |
| National Federation of Federal Employees                              |
|                                                                       |
| PREAMBLE                                                              |
|                                                                       |
| Pursuant to 5 USC Chapter 71, regarding Federal Labor-Management      |
| Relations, the following Articles of this National Agreement,         |
| together with any and all supplemental agreements and/or amendments   |
| which may be agreed to at later dates or by the representatives of    |
| the parties at the local level, constitute a total agreement by and   |
| between the Department of Veterans Affairs (the Employer), and the    |
| National Federation of Federal Employees (the Union), Council of      |
| Consolidated Veterans Administration Locals (the Council), for the    |
| employees in the units described in Appendix A.                       |
|                                                                       |
| This Agreement is entered into pursuant to Title II of Public Law     |
| 102-40, the \"Department of Veterans Affairs Labor Relations          |
| Improvement Act of 1991, 5 USC Chapter 71, and the Certification of   |
| Consolidation of Units, FLRA Case 3-UC-11, dated October 1, 1981.     |
|                                                                       |
| WHEREAS, the well-being of the employees and efficient administration |
| of the Government are benefited by providing employees an opportunity |
| to participate in the formulation and implementation of personnel     |
| policies and practices affecting the conditions of their employment;  |
|                                                                       |
| WHEREAS, collective bargaining through the Union -                    |
|                                                                       |
| \(A\) safeguards the public interest,                                 |
|                                                                       |
| \(B\) contributes to the effective conduct of public business,        |
|                                                                       |
| \(C\) facilitates and encourages the amicable settlements of disputes |
| between employees and their employers involving conditions of         |
| employment;                                                           |
|                                                                       |
| WHEREAS, the public interest demands the highest standards of         |
| employee performance and the continued development and implementation |
| of modern and progressive work practices to facilitate and improve    |
| employee performance and the efficient accomplishment of the          |
| operations of the Government;                                         |
|                                                                       |
| WHEREAS, this Agreement promotes the ease and efficiency of the       |
| Employer\'s operation;                                                |
|                                                                       |
| NOW, THEREFORE, the parties to this Agreement, intending to be bound  |
| hereby, agree as follows:\                                            |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 1**                                                         |
|                                                                       |
| **RECOGNITION AND UNIT DESCRIPTION**                                  |
|                                                                       |
| **Section 1 - Recognition **                                          |
|                                                                       |
| The Employer recognizes that the National Federation of Federal       |
| Employees, Veterans Administration Council is the exclusive           |
| representative of all employees in the consolidated units described   |
| in FLRA Case No. 3-UC-11.\                                            |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 2**                                                         |
|                                                                       |
| **UNION RIGHTS AND REPRESENTATION**                                   |
|                                                                       |
| **Section 1** - The Union is the exclusive representative of the      |
| employees in the bargaining unit and is entitled to act for and       |
| negotiate agreements covering all of the employees in the bargaining  |
| unit. Management will not communicate directly with employees         |
| regarding changes to conditions of employment for which there is an   |
| obligation to bargain.                                                |
|                                                                       |
| A**.** The Employer agrees to respect the rights of the Union and to  |
| meet jointly and negotiate with the Union, when requested, regarding  |
| formulation and implementation of any new policy or change in         |
| existing policy affecting employees or their conditions of            |
| employment, except where a policy concerns any matter arising out of  |
| those areas excluded from collective bargaining as directed in 38     |
| U.S.C. Section 7422: Specifically excluded is any matter or question  |
| concerning or arising out of (1) professional conduct or competence   |
| (defined as direct patient care or clinical competence), (2) peer     |
| review, or (3) the establishment, determination, or adjustment of     |
| employee compensation.                                                |
|                                                                       |
| B. The Union, in consonance with its right to represent, has a right  |
| to propose new policy, changes in policy, or resolutions to problems  |
| in accordance with Article 8 Section 2. This right shall apply at all |
| levels of management within the agency and the labor organization     |
| starting with the Steward and first level supervisor. Representation  |
| will normally occur at the lowest level at which a matter can be      |
| resolved, and the initial point of contact will normally be the       |
| lowest level management official and Union official having            |
| responsibility and authority to act. If either party at the initial   |
| contact feels resolution of a matter is outside its jurisdiction, the |
| matter shall be referred immediately to the next higher level.        |
|                                                                       |
| C. The Union has the exclusive right to represent employees in        |
| presenting grievances under the negotiated grievance procedure in     |
| this agreement. An employee or group of employees may present a       |
| grievance themselves without representation by the Union provided     |
| that the local is a party to all discussions and the grievance        |
| processing. The adjustment must be consistent with the terms of this  |
| agreement.                                                            |
|                                                                       |
| D. Consistent with law, government-wide regulations and this          |
| agreement, the Union has the right to represent an employee or a      |
| group of employees in presenting complaints.                          |
|                                                                       |
| E. The Union has the right to have a representative present at all    |
| discussions between the Employer and an employee or employees, held   |
| in the course of proceedings conducted to resolve complaints or       |
| grievances submitted by a member of the Unit. The Employer will       |
| notify the Local President or designee before such discussions are    |
| held. The NFFE shall normally be allowed up to twenty-four (24) hours |
| to provide a representative. The representative shall be permitted to |
| present the views of the Local during the discussions.                |
|                                                                       |
| **Section 2** - Management agrees to recognize Union representatives  |
| including National Federation of Federal Employees VA Council and     |
| local union and national office officials. The Council will supply VA |
| Central Office in writing, and will maintain on a current basis, a    |
| list of officers. The Union at the facility level will supply the     |
| Personnel Officer a written list of officers and stewards and will    |
| maintain it on a current basis.                                       |
|                                                                       |
| **Section 3**                                                         |
|                                                                       |
| A. The Union will be given the opportunity to be represented at any   |
| formal discussion under 7114 (a)(2)(A) between one or more            |
| representatives of the Department and one or more employees in the    |
| unit or their representatives concerning any grievance or any         |
| personnel policy or practices or other general condition of           |
| employment.                                                           |
|                                                                       |
| B. The Union shall be given the opportunity to be represented under   |
| 7114 (a)(2)(B) at any examination of an employee in the unit by a     |
| representative of the Department in connection with an investigation  |
| if: (1) the employee reasonably believes that the examination may     |
| result in disciplinary action against the employee; and (2) the       |
| employee requests representation.                                     |
|                                                                       |
| C. The parties agree that mission accomplishment is of primary        |
| concern to both, and that improved communication and cooperation      |
| between the parties can contribute to the solution of mutual          |
| problems, and improved employee relations. Representatives of each    |
| party will meet as agreed locally to discuss labor-management issues  |
| but not less than once a year. Each party shall submit a list of      |
| subjects they wish to discuss normally 10 days in advance of the      |
| meeting. Summary minutes, reflecting items discussed shall be         |
| furnished the Union by the Employer. The union will specify accuracy  |
| by signing the minutes. These meetings will be conducted during       |
| regular duty hours, with Union representatives authorized official    |
| time if otherwise in a duty status. Additional arrangements           |
| concerning these meetings may be negotiated at the local level.       |
|                                                                       |
| **Section 4** - A union representative wishing to use official time   |
| will notify his/her immediate supervisor. Such release will not be    |
| arbitrarily withheld. The supervisor must be advised of the general   |
| purpose of the request (whether the issue is a grievance,             |
| negotiations, investigation of a complaint, EEO, etc.), how the       |
| representative may be contacted and the estimated time of return. If  |
| the union representative will be delayed beyond the estimated time,   |
| he/she will notify the immediate supervisor to request additional     |
| needed time. The supervisor will also be notified of the return. If   |
| release is not possible at the time requested, due to a work          |
| requirement which is pressing, the representative will be released as |
| soon as possible thereafter. If there is an operational necessity     |
| that prevents the representative from being released immediately,     |
| arrangements will be made for the employee to be released normally    |
| within the next tour of duty, or the Union may opt to assign another  |
| representative. All grievance time frames and meetings with employees |
| shall be delayed if delay in granting the requested permission to     |
| leave causes either to be missed. Union representatives will be       |
| allowed a reasonable amount of time to notify the Union when they are |
| assigned to a workplace other than their normally assigned workplace  |
| and they need to keep the union informed of their whereabouts.        |
|                                                                       |
| **Section 5** - There shall be no restraint, coercion, or             |
| discrimination against any union official because of the performance  |
| of duties in consonance with this Agreement and the Act, or against   |
| any employee for filing a complaint or acting as a witness under the  |
| Agreement, the Act, or applicable regulations.                        |
|                                                                       |
| **Section 6 -** The Department agrees to meet with the VA Council     |
| Officers annually to discuss Union views on items of concern and      |
| agrees to review those items that cannot be resolved at the meeting.  |
|                                                                       |
| A. During years in which the Council does not hold its convention,    |
| the parties will meet in Washington. The Council shall request the    |
| meeting, with a preliminary agenda, at least four (4) weeks in        |
| advance so that arrangements can be made for the Council officers\'   |
| absence from their duties. The Department will provide official time, |
| if otherwise in a duty status, and travel and per diem expenses for   |
| up to ten (10) Council officers who are VA employees. The meeting     |
| will not exceed one day unless through mutual agreement it is         |
| extended.                                                             |
|                                                                       |
| B. During convention years, Management agrees to meet with the        |
| Council Officers (up to 10) on the day prior to the beginning of the  |
| Council convention. The ten (10) Council officers attending this      |
| meeting will be provided excused absences, if otherwise in a duty     |
| status, for the day of this meeting.                                  |
|                                                                       |
| Other VA employees may attend the meeting but they will not be        |
| provided official time under this section. Management agrees to make  |
| every effort to arrange schedules so as to allow the ten (10)         |
| designated Council representatives to take annual leave, excused      |
| leave or leave without pay as appropriate during the convention and   |
| annual meeting years to the extent the workload allows. The ten (10)  |
| representatives should notify management sufficiently in advance so   |
| that suitable scheduling can be arranged.                             |
|                                                                       |
| **Section 7 **                                                        |
|                                                                       |
| A. Internal Union business will be conducted during the non-duty      |
| hours of the employees involved.                                      |
|                                                                       |
| B. Each local shall be allowed two membership drives not to exceed 15 |
| work days each per calendar year. Such drives are not in addition to  |
| those previously agreed to under the Master Agreement covering Title  |
| 5 employees. These membership drives can be conducted at times        |
| available to all employees. Requests for the equipment and facilities |
| needed will be directed to the facility director or designee at least |
| (10) ten work days prior to the commencement of the membership        |
| drive(s). Details regarding space, equipment, use of facilities, and  |
| other related matters are proper subjects for local supplementary     |
| negotiations.                                                         |
|                                                                       |
| **Section 8 -**The Union shall be entitled to receive, upon request,  |
| and to the extent not prohibited by law, data:                        |
|                                                                       |
| A. which is normally maintained by management in the regular course   |
| of business;                                                          |
|                                                                       |
| B. which is reasonably available and necessary for full and proper    |
| discussion, understanding and negotiation of subjects within the      |
| scope of collective bargaining; and                                   |
|                                                                       |
| C. which does not constitute guidance, advice, counsel, or training   |
| provided for management officials or supervisors relating to          |
| collective bargaining.                                                |
|                                                                       |
| **Section 9 - Official Time for Council Officers** **-** The purpose  |
| of this Section is to authorize official time for any Title 38        |
| employee designated as a Council Officer. Official time is authorized |
| for designated Council Officers to perform council-level              |
| representation duties as follows:                                     |
|                                                                       |
| A.  Council President-up to 16 hours per pay period,                  |
|                                                                       |
| B. 8 Council Vice-Presidents up to 8 hours per period,                |
|                                                                       |
| C. Secretary-Treasurer up to 8 hours per pay period.                  |
|                                                                       |
| These officers must work out mutually agreeable arrangements for      |
| their official time with local management.                            |
|                                                                       |
| **Section 10**                                                        |
|                                                                       |
| A. The designated union representatives will be placed on duty during |
| negotiations. Such schedule changes may be made without regard to     |
| contract provisions on hours of duty. No overtime will be authorized  |
| for negotiations. This shall include time to present matters to the   |
| Federal Mediation and Conciliation service, the Federal Service       |
| Impasses Panel, and the Federal Labor Relations Authority, and the    |
| courts as necessary. Local union officials and Stewards may use       |
| reasonable time to prepare for negotiations.                          |
|                                                                       |
| B. The Steward or Local official may use reasonable time to receive,  |
| investigate, prepare and present employee complaints, grievances or   |
| appeals (including but not limited to EEO, OWCP and FLRA appeals      |
| where applicable) during duty hours. The amount of time allowed will  |
| depend on the facts and circumstances of each case \-- e.g., number   |
| and nature of allegations, number and complexity of supporting        |
| specifics, the volume of supporting evidence, and the availability of |
| documents and witnesses.                                              |
|                                                                       |
| C. Where travel to another location within the jurisdiction of a      |
| local Union is necessary for representational activities consistent   |
| with the provisions of this Agreement, and the transportation is      |
| otherwise being provided to the location for official business, the   |
| Union will be allowed access to the transportation on a space         |
| available basis.                                                      |
|                                                                       |
| **Section 11 -** NFFE representatives will be permitted to wear       |
| identifying name plates to include name and official capacity, and    |
| Union insignia where the wearing of name tags is otherwise permitted. |
|                                                                       |
| **Section 12 -** Union representatives on official time for           |
| representational duties will be afforded an area of privacy when      |
| meeting with unit employees. The Employer will assist in providing    |
| such privacy within or in the close proximity of the employee\'s work |
| area.                                                                 |
|                                                                       |
| **Section 13** **- Authorized Official Time -** NFFE officers and     |
| officials, including Stewards, shall be permitted a reasonable amount |
| of official time to represent employees in accordance with this       |
| agreement. The local parties may negotiate concerning coverage in the |
| Union office. A reasonable amount of official time will be provided   |
| for preparing reports required under 5 U.S.C. 7120.                   |
|                                                                       |
| **Section 14 -** If the Employer has or establishes a task force or   |
| work group dealing with conditions of employment affecting bargaining |
| unit employees, the Union will be given the opportunity to designate  |
| a representative and negotiate as appropriate. \                      |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 3**                                                         |
|                                                                       |
| **EMPLOYEE RIGHTS**                                                   |
|                                                                       |
| **Section 1 -** Employees in the unit shall be protected in the       |
| exercise of their rights, freely and without fear of penalty or       |
| reprisal, to form, join, and assist the Union, or to refrain from     |
| such activity. This agreement does not prevent any employee,          |
| regardless of employee organization membership, from bringing matters |
| of personal concern to the attention of appropriate officials in      |
| accordance with applicable laws, regulations or agency policies.      |
| Nothing in this agreement shall abrogate any employee\'s right or     |
| require an employee to become or to remain a member of a labor        |
| organization except pursuant to a voluntary, written authorization by |
| a member for the payment of dues through payroll deductions. The      |
| initiation of a grievance, statutory appeal procedure or other        |
| applicable procedure for redressing wrongs to an employee will not    |
| cause any reflection on his/her standing with his/her supervisor or   |
| on his/her loyalty or desirability to the organization.               |
|                                                                       |
| **Section 2** - An employee may be represented by an attorney or      |
| representative other than the Union, of the employee\'s own choosing, |
| in any appeal action not under the negotiated grievance procedure.    |
| The employee may exercise grievance or appeal rights which are        |
| established by law, rule, or regulation.                              |
|                                                                       |
| **Section 3 -** Employees will be notified of any significant changes |
| in VA regulations or policies that affect their working conditions.   |
| Copies of written agreements with the Union negotiated at the local   |
| level will be distributed to all affected employees.                  |
|                                                                       |
| .                                                                     |
|                                                                       |
| **Section 4 -** Recognizing that significant improvements have been   |
| achieved by local officials when they have developed cooperative      |
| programs, both parties to this agreement encourage such endeavors     |
| which invite employee participation in the pursuit of improvement     |
| initiatives. These efforts are not to be construed as a change in the |
| Union\'s rights as the exclusive representative, nor as revoking      |
| existing policies and procedures. Details for these programs are      |
| proper subjects for local supplementary negotiations.                 |
|                                                                       |
| **Section 5 -** Management is obligated to keep employees informed of |
| rules, regulations and policies under which they are obligated to     |
| operate including their job duties. To assist employees in the        |
| performance of their work, VA manuals normally will be available to   |
| employees during working hours. Details concerning access will be     |
| arranged at the local level.                                          |
|                                                                       |
| **Section 6 -** No employee will be discriminated against by either   |
| the Employer or the Union because of race, color, creed, religion,    |
| sex, national origin, age, marital status, physical handicap or       |
| lawful political affiliation.                                         |
|                                                                       |
| **Section 7 -** All Department of Veterans Affairs employees deserve  |
| to be treated with common courtesy and consideration warranted in an  |
| employer-employee relationship by supervisors and management          |
| officials.                                                            |
|                                                                       |
| **Section 8 -** An employee may request permission to contact a union |
| representative during the employee\'s duty hours on official time     |
| concerning a representational matter but must first inform and        |
| receive permission from his/her supervisor. If the employee wishes to |
| meet with a union representative, the immediate supervisor will be    |
| advised of the general purpose of the request (representation on a    |
| complaint, statutory appeal, negotiations, etc), how the employee may |
| be contacted and the estimated time of return. If release is not      |
| possible at the time requested due to staffing or work requirements,  |
| the employee will be released as soon as possible thereafter but      |
| normally within the employee\'s next scheduled work shift. If         |
| released and the employee will be delayed beyond the estimated time,  |
| he/she will notify the immediate supervisor to request additional     |
| needed time. The employee will notify the supervisor of his/her       |
| return.                                                               |
|                                                                       |
| **Section 9 -** The parties support such community and public service |
| activities as the annual Combined Federal Campaign and Savings Bond   |
| Drives. It is recognized that employee participation in these         |
| activities is strictly voluntary.                                     |
|                                                                       |
| **Section 10** - Counseling and warning sessions involving unit       |
| employees will be conducted privately to avoid embarrassment of the   |
| employee. Official information pertaining to individual employees     |
| shall be maintained in accordance with applicable law and regulation. |
|                                                                       |
| **Section 11 -** Consistent with law and regulation, the Government   |
| will provide legal representation for employees against whom suit is  |
| brought in a civil or criminal court based upon activities alleged to |
| be within the scope of their official duties and will assume          |
| financial liability for all monies awarded to claimants as a result   |
| of activities found to be within the scope of such official duties.   |
| Upon request, management agrees to provide information and guidance   |
| to employees who are considering or making a request for legal        |
| representation.                                                       |
|                                                                       |
| **Section 12** - Employees may be authorized the reasonable use of    |
| the telephone at the work place for personal calls if it does not     |
| adversely affect the performance of official duties by the employee   |
| or the employee\'s organization, if it is of reasonable duration and  |
| frequency, and if the call can not be made at another time. The use   |
| of the commercial long distance network must not only be consistent   |
| with the above criteria but must not result in a charge to the        |
| government.                                                           |
|                                                                       |
| **Section 13** - The Employer shall take such action consistent with  |
| law or regulation, as may be required, in order to inform employees   |
| of their rights as prescribed in 5 U.S.C. Chapter 71 and this         |
| Article.                                                              |
|                                                                       |
| **Section 14** - An employee is accountable only for the performance  |
| of assigned duties and compliance with standards of conduct for       |
| Federal employees. Within this context, the Employer affirms the      |
| right of an employee to conduct his or her private life as he or she  |
| deems fit. Employees shall have the right to engage in activities of  |
| their own choosing, except as prohibited by law, Government-wide or   |
| VA regulation, without being required to report to the Employer on    |
| such activities.                                                      |
|                                                                       |
| **Section 15** - Management recognizes the employee\'s right to       |
| assistance in representation by the union and to discuss any concern  |
| with union representatives in private during duty time consistent     |
| with Section 8 of this Article. Consistent with section 2 of this     |
| Article, employees who represent themselves will be afforded a        |
| reasonable amount of duty time to prepare and file complaints.        |
|                                                                       |
| **Section 16** - The Employer shall inform employees of their right   |
| to be represented by the NFFE immediately prior to conducting an      |
| examination of the employee by a representative of the Employer in    |
| connection with an investigation.                                     |
|                                                                       |
| **Section 17 -** Employees will not be precluded from presenting      |
| their views to officials of the executive branch, the Congress, or    |
| other appropriate authority.                                          |
|                                                                       |
| **Section 18** - Employees have the right to:                         |
|                                                                       |
| A. Working conditions that are safe and healthful.                    |
|                                                                       |
| B. In service training normally considered necessary to insure        |
| satisfactory job performance.                                         |
|                                                                       |
| C. Express themselves concerning improvement of work methods and      |
| working conditions.                                                   |
|                                                                       |
| D. Discuss their problems with the personnel office, Equal Employment |
| Opportunity Specialist or Counselor, Union representative, employee   |
| assistance office, and/or a person designated to provide guidance on  |
| questions of conflict of interest.                                    |
|                                                                       |
| E. Be informed of what is expected of them, to whom they are directly |
| responsible and what is expected of them in their work relationships  |
| with their fellow employees.                                          |
|                                                                       |
| F. Privacy in every way consistent with law, regulations and this     |
| Agreement.                                                            |
|                                                                       |
| **Section 19 - Miscellaneous**                                        |
|                                                                       |
| A. Personnel who work with food or do dirty work or are required to   |
| wear uniforms or protective clothing will be allowed reasonable       |
| official time for changing, acquiring or returning equipment,         |
| cleaning the area and washing up as needed.                           |
|                                                                       |
| B. Consistent with applicable laws, rules and regulations, the        |
| Employer agrees to bear the full expense of all special equipment and |
| special clothing the employer requires employees to use in performing |
| their duties.                                                         |
|                                                                       |
| C. The Employer will not normally conduct a search of an employee\'s  |
| personal effects without permission. In the event of a search, except |
| in emergency situations, the employee may request a NFFE              |
| representative to be present.                                         |
|                                                                       |
| D. Employees will be permitted to review and be provided a copy of    |
| (up to ten pages) of any agency/activity regulation on duty time, and |
| at no cost to the employee.                                           |
|                                                                       |
| E. Employees who receive a final decision resulting in discipline or  |
| a major adverse action will be provided with a copy of 38 USC 7462    |
| and the VA policy and procedures detailing their appeal rights.\      |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 4**                                                         |
|                                                                       |
| **MANAGEMENT RIGHTS**                                                 |
|                                                                       |
| **Section 1**                                                         |
|                                                                       |
| Subject to Section 2 of this Article, nothing in this Agreement shall |
| affect 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, lay off, and retain employees in the |
| > Agency, or to suspend, remove, reduce in grade or pay, or take      |
| > other disciplinary action against such employees;                   |
|                                                                       |
| \(2\) 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 any appropriate source; and                       |
|                                                                       |
| 1.  To take whatever actions may be necessary to carry out the Agency |
|     mission during emergencies.                                       |
|                                                                       |
| **Section 2**                                                         |
|                                                                       |
| Nothing in this Article shall preclude the Agency and the Union 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 Article; or            |
|                                                                       |
| \(3\) Appropriate arrangements for employees adversely affected by    |
| the exercise of any authority under this Article by such management   |
| officials.\                                                           |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 5**                                                         |
|                                                                       |
| **VOLUNTARY ALLOTMENT OF UNION DUES**                                 |
|                                                                       |
| **Section 1 -** Any employee of the Department of Veterans Affairs    |
| who is a member of the NFFE and is included in the consolidated       |
| bargaining unit covered by this agreement may make a voluntary        |
| allotment for the payment of dues to the NFFE.                        |
|                                                                       |
| **Section 2 -** An employee who wants his/her union dues withheld by  |
| payroll deduction shall obtain an SF-1187, \"Request and              |
| Authorization for Voluntary Allotment of Compensation for Payment of  |
| Employee Organization Dues,\" from NFFE and file it with the          |
| designated NFFE representative, who will forward it to the Personnel  |
| Office for certification of eligibility for dues withholding and for  |
| transmittal to the appropriate payroll office. The allotment shall    |
| become effective on the first full pay period following receipt by    |
| Personnel. The employee shall be instructed by NFFE to complete Part  |
| A and B. No other number must appear in the block provided as         |
| \"Identification Number\" except the employee\'s social security      |
| number.                                                               |
|                                                                       |
| **Section 3** - Deductions will be made each pay period by the        |
| Department of Veterans Affairs and remittance will be made by one     |
| check each pay period to the national office of the NFFE. Remittances |
| shall be accompanied by a listing, in duplicate, for each pay period, |
| showing the names of the member employees from whose pay dues were    |
| withheld and the amount withheld. The listing will be segregated by   |
| individual field stations with a sub-total for each station. The      |
| listing shall include the station code number for identification      |
| purposes. It will be summarized to show the number of members for     |
| whom dues were withheld and the total amount withheld. Each list will |
| also include the name of each employee member who previously made an  |
| allotment for whom no deductions were made whether due to leave       |
| without pay or other cause. If NFFE develops a computerized system    |
| for dues withholding, the parties will meet to determine if the VA    |
| can furnish dues deduction information in a compatible format.        |
|                                                                       |
| **Section 4 -** It is agreed that part A of SF-1187, including the    |
| insertion of code numbers of the NFFE and the appropriate Local       |
| number, will be executed by the financial officer of the Local to     |
| which the employee member belongs or the National Secretary-Treasurer |
| of NFFE. The amount so certified shall be the amount of the regular   |
| dues to be withheld from the employee\'s pay each pay period. One     |
| standard amount for all employees or different amounts of dues for    |
| different employees may be specified. The President or other          |
| authorized official of the local union will notify the payroll        |
| servicing officer in writing prior to the time when the Local\'s dues |
| structure or amount changes. The change shall be effected at the      |
| beginning of the first full pay period after notification is given to |
| the payroll servicing officer. Such a change may not be effected more |
| than two (2) times in any calendar year.                              |
|                                                                       |
| **Section 5 -** The payroll office of the VA will terminate an        |
| allotment at the end of the pay period in which any of the following  |
| occurs:                                                               |
|                                                                       |
| A. Receipt of notice that exclusive recognition has been withdrawn.   |
|                                                                       |
| B. An employee is separated from the Department of Veterans Affairs.  |
|                                                                       |
| C. The payroll office receives notice from the Local or Council that  |
| the employee has ceased to be a member in good standing.              |
|                                                                       |
| D. An employee leaves the unit of exclusive recognition. In the event |
| the Union disagrees that an employee is no longer in the Unit and     |
| they file a unit clarification petition, the employee\'s dues will    |
| continue to be withheld pending a decision on the petition.           |
|                                                                       |
| E. Annually on the anniversary date of the employee\'s dues           |
| authorization (SF-187), when the payroll office receives notice of    |
| the employee\'s revocation (SF-1188). The employee must revoke the    |
| dues withholding during the ten (10) calendar day period immediately  |
| preceding the anniversary date of the authorization.                  |
|                                                                       |
| **Section 6 -** The financial officer of the NFFE Local to which the  |
| employee belongs will notify the Department of Veterans Affairs       |
| payroll officer within five working days after the employee ceases to |
| be a member in good standing of the NFFE. Any written revocation of   |
| allotment authorization received by the local to which the employee   |
| belongs will be sent within three days after it is received to the    |
| appropriate Department of Veterans Affairs payroll office. The VA     |
| payroll office will send the local financial officer of NFFE a copy   |
| of each written revocation of an authorization which it receives.     |
|                                                                       |
| **Section 7 -** Employees on dues withholding, who are reassigned     |
| from one VA facility to another, but remain in the consolidated unit  |
| of recognition, will continue on dues withholding. Upon arrival at    |
| the new facility, the dues withholding will be remitted to the new    |
| local at the receiving facility at the rate being withheld at the     |
| prior station until the fiscal office at the new facility receives a  |
| notification of a change of rate from the designated union official.\ |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 6**                                                         |
|                                                                       |
| **GRIEVANCE PROCEDURE**                                               |
|                                                                       |
| **Section 1 - Common Goals**                                          |
|                                                                       |
| The Employer and the Union recognize the importance of settling       |
| disagreements and disputes promptly, fairly, and in an orderly manner |
| that will maintain the self respect of the employee and be consistent |
| with the principles of good management. To accomplish this, every     |
| effort will be made to settle grievances expeditiously and at the     |
| lowest level of supervision.                                          |
|                                                                       |
| **Section 2 - Scope**                                                 |
|                                                                       |
| Grievance means any complaint, by any employee, concerning any matter |
| relating to the employment of the employee; by the Union concerning   |
| any matter relating to the employment of any employee; or by any      |
| employee, the Union, or the Department concerning the effect or       |
| interpretation, or a claim of breach, of a collective bargaining      |
| agreement including supplemental agreements; or any claimed           |
| violation, misinterpretation, or misapplication of any law, rule, or  |
| regulation affecting conditions of employment.                        |
|                                                                       |
| This grievance procedure does not apply to:                           |
|                                                                       |
| > a\) any claimed violation of 5 USC, Chapter 73, subchapter III,     |
| > relating to prohibited political activities;                        |
| >                                                                     |
| > b\) retirement, life insurance, or health insurance;                |
| >                                                                     |
| > c\) a suspension or removal under 5 USC 7532;                       |
| >                                                                     |
| > d\) any examination, certification, or appointment;                 |
| >                                                                     |
| > e\) proposed disciplinary/adverse actions;                          |
| >                                                                     |
| > f\) removal of probationary employees;                              |
| >                                                                     |
| > g\) any matter or question concerning or arising out of             |
| > professional conduct or competence (defined as direct patient care  |
| > or clinical competence) ; peer review; or the establishment,        |
| > determination, or adjustment of compensation under Title 38.        |
|                                                                       |
| **Section 3** -                                                       |
|                                                                       |
| An employee who alleges a prohibited personnel practice under 5       |
| U.S.C. 2302(b)(1) (relating to equal opportunity violations) may      |
| either:                                                               |
|                                                                       |
| a.  File a grievance pursuant to this Article within 45 calendar days |
|     following;                                                        |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| 1.  The date of the alleged discriminatory incident;                  |
|                                                                       |
| 2.  The date upon which the aggrieved became aware of the alleged     |
|     discriminatory incident or situation; or,                         |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| a.  Initiate an action under the EEO complaint procedure by filing a  |
|     formal complaint of discrimination. An employee shall be deemed   |
|     to have exercised his option under this section when the employee |
|     files a timely written formal appeal under the EEO procedure or   |
|     files a grievance in writing under the negotiated grievance       |
|     procedure.                                                        |
|                                                                       |
| **Section 4** - A grievance may be undertaken by the NFFE Veterans    |
| Administration Council, by a NFFE Local, by an employee or a group of |
| employees or management. Employees in such grievances may be          |
| represented by a NFFE Local, the NFFE Council or a NFFE               |
| representative. Any employee or group of employees may personally     |
| present a grievance and have it adjusted without representation by    |
| the Union. The Union will be given an opportunity by management to be |
| present at all discussions with the employee concerning the           |
| grievance. A reasonable amount of time during working hours will be   |
| allowed for employees and the union representative to prepare,        |
| discuss and present grievances under this procedure, but normally no  |
| time for inter-facility travel or travel or per diem expenses will be |
| authorized for these representational activities. Any such resolution |
| must be consistent with the terms of this agreement and supplemental  |
| agreements. In exercising their rights to present a grievance,        |
| employees and their representative(s) will be free from restraint,    |
| coercion, discrimination or reprisal.                                 |
|                                                                       |
| **Section 5** - Employees and/or their representative(s) are          |
| encouraged to discuss issues of concern to them informally with their |
| supervisors at any time. Likewise, employees and/or their             |
| representative(s) may request to talk with other appropriate          |
| officials about items of concern without filing a formal grievance if |
| they choose.                                                          |
|                                                                       |
| **Section 6 -** The following procedures are established for the      |
| resolution of grievances by an employee or group of employees or a    |
| NFFE Local:                                                           |
|                                                                       |
| A. Step One: The issue shall first be taken up by the grievant (and   |
| representative or steward, if he/she elects to have one) with the     |
| employee\'s immediate supervisor or the lowest level management       |
| official with authority to render a decision. The Step One grievance  |
| will be initiated in writing if not settled informally, with the      |
| Service Chief or designee within 30 calendar days of the incident     |
| that gave rise to the grievance, unless the grievant could not        |
| reasonably be expected to be aware of the incident by such time. In   |
| that case, the grievance must be initiated within 30 calendar days of |
| the date that the grievant became aware of the incident. A grievance  |
| concerning a continuing practice or condition may be initiated at any |
| time. In the case of disciplinary or adverse action, a grievance must |
| be initiated within 30 calendar days of receipt of the written        |
| decision from the deciding official. Either party may request that a  |
| meeting be held on the matter. If the grievant wishes a meeting, the  |
| request will be included in the written grievance. If such a meeting  |
| is requested, it will be held prior to the decision. A decision will  |
| be given to the grievant in writing within ten (10) calendar days     |
| after presentation of the grievance or after the meeting if one is    |
| requested. Every effort shall be made to insure that the decision is  |
| clearly communicated and understood. Included with such decision      |
| shall be a written statement indicating the grievant\'s right to      |
| submit a grievance to Step Two.                                       |
|                                                                       |
| B. Step Two: If the grievant is dissatisfied with the decision given  |
| in Step One, the grievant (and/or his/her representative) may submit  |
| the grievance in writing to the Director of the VA facility where the |
| grievance originated within ten (10) calendar days after receipt of   |
| the decision on the Step One grievance. The Director or his/her       |
| designee will furnish the employee with a written acknowledgment of   |
| receipt. The Director or his/her designee will meet with the          |
| aggrieved employee if requested and a written decision will be given  |
| to the grievant within 14 calendar days after presentation of the     |
| grievance or after the meeting if one is requested. Included with     |
| such decision shall be the reasons for the decision and a statement   |
| indicating the grievant\'s right to request the Union to advance the  |
| grievance to arbitration.                                             |
|                                                                       |
| C. The parties may mutually agree to refer a grievance to mediation   |
| prior to going to arbitration. In such case, the request for          |
| mediation must be made to the other party within 10 days of the final |
| decision in Step 2. A joint request to FMCS will be made within 7     |
| days of this request if both parties agree to proceed. Mediation      |
| should be scheduled as soon as possible, but not later than 30 days   |
| after the request unless by mutual agreement. If the attempt at       |
| mediation is not successful, the time frame for requesting            |
| arbitration will begin the day following the final mediation hearing  |
| date. All parties will be on official time during the mediation       |
| process.                                                              |
|                                                                       |
| **Section 7 -** The parties may mutually agree to extend any time     |
| limits of this procedure. If the due date at any stage falls on a     |
| Saturday, Sunday, or a government holiday, the due date shall be the  |
| next business day. Management agrees to respond to grievances within  |
| the agreed to time period. However, if in any case Management is      |
| unable to do so, the grievant will be notified of the reasons for any |
| delay and an extension of time will be requested. The grievant will   |
| have the option of proceeding to the next step of the grievance       |
| procedure or granting an extension of time. If the next step is       |
| arbitration and Management does not reasonably justify the delay, the |
| remedy sought shall be immediately granted if the employee has a      |
| written acknowledgment of receipt and the remedy is legal and         |
| reasonable under the circumstances of grievance. If the grievant      |
| fails to pursue a grievance within the prescribed or extended time    |
| limit, the grievance may be considered resolved in the last step      |
| unless the grievant is able to reasonably justify his/her failure to  |
| meet the time limits.                                                 |
|                                                                       |
| **Section 8 -** If a grievance is against a central office official,  |
| the grievance may be filed initially at Step 1 with a higher level    |
| official designated to act on the grievance and at step 2 with the    |
| applicable Under Secretary or Administration Head or designee.        |
|                                                                       |
| **Section 9 -** At any step of the negotiated grievance procedure,    |
| when any management deciding official designates someone to act on    |
| his/her behalf, that designee will have complete authority to render  |
| a decision at that step and will render the decision. The designee    |
| will never be someone who decided the issue at any previous step.     |
|                                                                       |
| **Section 10 -** It is agreed that when a group has an identical      |
| grievance, it will be considered in the same manner as an individual  |
| complaint of one employee and the decision will be binding on all     |
| identical cases.                                                      |
|                                                                       |
| **Section 11**                                                        |
|                                                                       |
| A. A grievance affecting more than one facility must be brought by    |
| the VA Council within 30 calendar days of an incident (or awareness   |
| of an incident) which gave rise to the grievance. A grievance         |
| concerning a continuing practice or condition may be brought at any   |
| time.                                                                 |
|                                                                       |
| B. The appropriate decision official for these grievances will be the |
| designated representative of VA Central Office.                       |
|                                                                       |
| C. The VA Central Office designee will render a written decision      |
| within 30 calendar days of receipt.                                   |
|                                                                       |
| **Section 12 -** VA Central Office may file a grievance with the      |
| President of the NFFE Council. Facility Directors may file a          |
| grievance with a local NFFE President. Grievances must be initiated   |
| in writing within 30 calendar days of when they knew or should have   |
| known of the incident which gave rise to the grievance. A grievance   |
| concerning a continuing practice or                                   |
|                                                                       |
| condition must be brought within 30 calendar days after the Employer  |
| knew or should have known of the practice. The Veterans               |
| Administration NFFE Council or NFFE Local will have 30 calendar days  |
| from receipt of the grievance in which to render a decision in        |
| writing.                                                              |
|                                                                       |
| **Section 13 -** If either party declares a grievance non-grievable   |
| or arbitrable, the original grievance shall be considered amended to  |
| include this issue. The employer agrees to raise any question of      |
| grievability or arbitrability of a grievance no later than the time   |
| the Step Two decision is given. If management alleges a matter is     |
| excluded under 38 U.S.C. 7422, the issue will not be referred to      |
| arbitration but the union may appeal through the appropriate forum.   |
| If arbitration is invoked, all disputes of grievability or            |
| arbitrability shall be referred to the arbitrator as a threshold      |
| issue in the related grievance.\                                      |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 7 **                                                        |
|                                                                       |
| **ARBITRATION **                                                      |
|                                                                       |
| **Section 1 -** If the decision on a grievance processed under the    |
| negotiated grievance procedure is not satisfactory, the local Union   |
| or NFFE VA Council, either as grievant or as representative of the    |
| employee grievant(s), or the Department of Veterans Affairs or a      |
| Department subordinate unit, as grievant, may refer the issue to      |
| arbitration. The notice referring an issue to arbitration must be in  |
| writing, signed by the local union president or NFFE VA Council       |
| President (for the Union), or signed by a facility Director or by a   |
| designated VA Central Office official (for Management). The notice    |
| must be submitted to the other party within thirty (30) calendar days |
| following receipt of the decision by the aggrieved party or within    |
| thirty (30) calendar days of the date a decision was due, whichever   |
| is earlier. Only the Union or Management may invoke arbitration. No   |
| employee may individually bring a grievance to arbitration without    |
| the Union\'s sanction. Issues which were not raised during the steps  |
| of the grievance procedure will not be raised at the arbitration.     |
|                                                                       |
| **Section 2 **                                                        |
|                                                                       |
| A. Within seven (7) calendar days from the date of the request for    |
| arbitration, the parties shall jointly request the Federal Mediation  |
| and Conciliation Service to provide a list of five (5) impartial      |
| persons qualified to act as arbitrator. If either party refuses to    |
| participate in the submission, the other party may make the request.  |
| Within fifteen (15) calendar days after receipt of such list the      |
| employer and the local union and/or the Council shall meet to select  |
| the arbitrator. If the parties cannot agree on an arbitrator from the |
| list, each party shall strike one name in turn from the list. The     |
| party who wins on a flip of the coin shall strike the first name.     |
| After each party has struck two names from the list, the remaining    |
| person shall be the arbitrator. If either party refuses to            |
| participate in the selection process, the other party will make a     |
| selection of an arbitrator from the list.                             |
|                                                                       |
| B. Following the selection of an arbitrator the moving party will     |
| within five (5) calendar days notify the Federal Mediation and        |
| Conciliation Service as to the name of the arbitrator selected. A     |
| copy of the notification will be served upon the other party.         |
|                                                                       |
| **Section 3 **                                                        |
|                                                                       |
| A. The arbitrator's fees and expenses shall be proportionally         |
| accessed as determined by the arbitrator based upon his/her decision  |
| on all the issues. Any extra expenses such as transcripts will be     |
| paid for by the requesting party unless it is mutually requested.     |
|                                                                       |
| B. An employee who is found to have been affected by an unjustified   |
| or unwarranted personnel action which has resulted in the withdrawal  |
| or reduction of all or part of the pay, allowances, or differentials  |
| of the employee is entitled, on correction of the personnel action,   |
| to receive reasonable attorney and paralegal fees.                    |
|                                                                       |
| **Section 4**                                                         |
|                                                                       |
| A. Upon selection of the arbitrator in a particular case, the         |
| respective representatives for the parties will communicate with the  |
| arbitrator and each other in order to select a mutually agreeable     |
| date for the arbitration hearing. The parties will endeavor to        |
| schedule the hearing within thirty (30) days after arbitration is     |
| invoked. The parties will attempt to submit a joint submission of the |
| issue(s) to the arbitrator. If the parties fail to agree on a joint   |
| submission, each shall make a separate submission and the arbitrator  |
| shall determine the issue or issues to be heard. Nothing in this      |
| Agreement shall preclude the parties from resolving the grievance     |
| during any of these meetings.                                         |
|                                                                       |
| B. The parties agree that the primary purpose of this arbitration     |
| procedure is to provide a swift and economical method of resolving    |
| disputes fairly and equitably. The arbitrator shall have the          |
| authority to take steps necessary to see that the purpose is          |
| fulfilled including the following:                                    |
|                                                                       |
| \(1\) Any hearing shall be informal.                                  |
|                                                                       |
| \(2\) There shall be no formal rules of evidence.                     |
|                                                                       |
| \(3\) The parties may mutually agree to direct the arbitrator to      |
| simplify or eliminate a written opinion.                              |
|                                                                       |
| \(4\) When both parties agree to the facts at issue and agree that a  |
| hearing would serve no purpose they will stipulate the facts in       |
| writing to the arbitrator with a request for a decision based upon    |
| the facts presented and a summary brief by each party.                |
|                                                                       |
| C. The arbitration hearing or inquiry shall be held on the local      |
| Employer\'s premises, or in Washington, DC for cases at the Council   |
| level, unless the parties mutually agree to another site, during the  |
| regular day shift work hours of the basic work week. The duty status  |
| of participants in an arbitration proceeding shall be consistent with |
| the following:                                                        |
|                                                                       |
| \(1\) The grievant and the representative shall be excused from duty  |
| during the arbitration proceeding. If their tour of duty is other     |
| than the regular day shift, they will be temporarily placed on the    |
| day shift on the day of the arbitration proceeding. It is understood  |
| that workload and staffing needs may not always permit all grievants  |
| in a group grievance to attend the arbitration proceeding at one      |
| time. In such cases, management, whenever possible, will arrange the  |
| schedules of the grievants necessary to attend and properly present   |
| the case and will make a reasonable effort to accommodate the         |
| equitable rotation of the other grievants;                            |
|                                                                       |
| \(2\) At least fourteen calendar days prior to the arbitration        |
| hearing the parties will exchange their witness lists and inform the  |
| other party as to who their representative will be. These lists may   |
| not be amended except in the event of unforeseen circumstances such   |
| as sudden unavailability of a witness or the identification of other  |
| witnesses found to have additional information.                       |
|                                                                       |
| \(3\) All witnesses necessary at the arbitration will be excused on   |
| official time if otherwise in a duty status provided management       |
| received at least 14 calendar days notice. In addition, upon at least |
| fourteen calendar days notice, Management will rearrange necessary    |
| witnesses\' schedules and place them on duty during the arbitration   |
| hearing when the witnesses agree to such changes. Such schedule       |
| changes may be made without regard to contract provisions on hours of |
| duty. The release of any witness not originally listed will be        |
| dependent on staffing and workload requirements.                      |
|                                                                       |
| D. Normally no travel time for inter-facility travel or travel and    |
| per diem expenses will be authorized for the grievant, the            |
| grievant\'s representative, or witnesses called by the Union. If such |
| is authorized for management\'s witnesses, it will also be for the    |
| Union\'s witnesses, provided they are VA employees.                   |
|                                                                       |
| **Section 5 -** The arbitrator will be requested to render his/her    |
| decision within thirty (30) days.                                     |
|                                                                       |
| **Section 6 -** The arbitrator\'s decision(s) shall be final and      |
| binding subject to review as provided by 5 U.S.C. Chapter 71. Either  |
| party may appeal the arbitrator\'s award to the Federal Labor         |
| Relations Authority in accordance with FLRA regulations or, where     |
| applicable to the U.S. Court of Claims, U.S. Court of Appeals, or the |
| EEOC. However, any dispute over the interpretation of the             |
| arbitrator\'s award shall be returned to the arbitrator for           |
| settlement, including remanded awards.\                               |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 8**                                                         |
|                                                                       |
| **BARGAINING DURING THE TERM OF THE AGREEMENT**                       |
|                                                                       |
| **Section 1** - This Master Agreement shall constitute the master     |
| labor agreement between the parties. To the extent that directives    |
| within the discretion of VA management may be in conflict with this   |
| agreement, the provisions of the agreement will govern. Any           |
| supplemental/local agreement in existence at the time of the signing  |
| of this agreement will continue for up to 120 days from the date of   |
| approval of this Master Agreement or until the local parties have     |
| negotiated a new supplemental agreement, whichever is first, provided |
| the provisions of the existing agreement do not conflict with this    |
| agreement or law.\                                                    |
|  \                                                                    |
|  \                                                                    |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **Section 2 **                                                        |
|                                                                       |
| A.  National Level Bargaining -                                       |
|                                                                       |
| Proposed changes affecting personnel policies, practices or           |
| conditions of employment not excluded from collective bargaining by   |
| 38 USC 7422(b) which affect more than one station or originate above  |
| the facility level will be forwarded to each local in writing to      |
| provide them an opportunity to bargain, as appropriate, before local  |
| implementation. A copy of any material sent to the National NFFE      |
| Office under National Consultation Rights will also be sent to the    |
| Council President with 30 days from date of receipt to review and     |
| respond. When the Council bargains on behalf of all the Locals the    |
| parties will first make a good faith effort to reach agreement by     |
| conducting telephone negotiations, scheduled in advance. Such         |
| negotiations will begin no later than 10 work days after the union    |
| spokesperson receives management\'s counter-proposals. Telephone      |
| negotiations shall normally be on consecutive days until the          |
| negotiations are concluded. If the parties are unable to reach        |
| agreement, face to face negotiations shall be set at a mutually       |
| agreed upon date and location. The Union will be provided official    |
| time, per diem and travel for union negotiators up to the number of   |
| representatives Management designates for the bargaining, but not     |
| less than two.                                                        |
|                                                                       |
| A.  Local Level Bargaining -                                          |
|                                                                       |
| ```{=html}                                                            |
| <!-- -->                                                              |
| ```                                                                   |
| 1.  Local Managment will submit, in writing, proposed changes which   |
|     are initiated at or below the facility level or under A above,    |
|     affecting personnel policies, practices or conditions of          |
|     employment which are not in conflict with the Master Agreement or |
|     the local supplemental agreement, which are initiated at or below |
|     the facility level to the Local Union President or his/her        |
|     designee prior to implementation. The Local Union shall be given  |
|     15 calendar days to request negotiations or agree to the changes. |
|     Written proposals will be submitted at least 5 days prior to      |
|     negotiations, unless otherwise mutually agreed. The parties may   |
|     mutually agree to modify the time frame. If the Union does not    |
|     request bargaining within the time limit, the Employer may        |
|     implement the proposed change (s). Upon timely request by the     |
|     Union, bargaining will normally commence within ten (10) calendar |
|     days, unless otherwise agreed upon by the parties.                |
|                                                                       |
| 2.  The Union may initiate local mid-term bargaining over issues not  |
|     in conflict with the master agreement or the local supplemental   |
|     agreement only if the local parties have negotiated a             |
|     supplemental agreement under this master agreement. In such       |
|     cases, the Employer shall have 15 calendar days from the date of  |
|     receipt of Union initiated proposed changes to conditions of      |
|     employment to request negotiations or agree to the proposals.     |
|     Written counterproposals will be submitted at least 5 days prior  |
|     to negotiations to the Union. Bargaining will normally commence   |
|     within 10 calendar days, unless otherwise agreed upon by the      |
|     parties.                                                          |
|                                                                       |
| 3.  New or changed policy proposals which are agreed to in bargaining |
|     shall be signed by the Local president and the Employer designee  |
|     for the respective organizations.                                 |
|                                                                       |
| **Section 3** - In the event the parties cannot agree on a negotiable |
| matter and an impasse is reached, either or both parties may seek the |
| services of the Federal Mediation and Conciliation Service.           |
|                                                                       |
| **Section 4 -** The parties recognize that the interest of both       |
| Management and the Union can be effectively served if many issues of  |
| local concern are reserved for supplemental agreement negotiations    |
| between each facility and the local union. Hence, the parties agree   |
| that supplemental agreements subordinate to this Master Agreement may |
| be negotiated between the local parties. Such agreements may cover    |
| all negotiable matters regarding conditions of employement insofar as |
| they do not conflict with the terms of this Master Agreement, law or  |
| government-wide regulation.                                           |
|                                                                       |
| One supplemental agreement may be negotiated at each Local during the |
| term of this Agreement. Such supplemental agreement will pertain only |
| to the local parties where the agreement was negotiated. Supplemental |
| agreements must be approved or disapproved by the VA Central Office   |
| within 30 calendar days after execution. If no action is taken within |
| the 30 days, the agreement shall become effective on the 31st day     |
| subject to the provisions of the Master Agreement, law, and           |
| government-wide regulations. Any disapproval must be consistent with  |
| 5 U.S.C. 7114(c). If the agreement is disapproved in whole or in      |
| part, it shall be returned to the local parties, along with an        |
| explanation for the action. If a disagreement arises concerning       |
| whether a supplemental proposal is negotiable, management will upon   |
| written request, provide the Union with its reason, in writing, for   |
| its determination and the union may file a negotiability appeal to    |
| the FLRA or the applicable Court of jurisdiction. If a disagreement   |
| arises concerning whether a supplemental agreement conflicts with the |
| Master Agreement, the issue may be presented to an arbitrator in      |
| accordance with Article 7, Arbitration.                               |
|                                                                       |
| **Section 5 -** Past practices shall not be abridged as a result of   |
| not being enumerated in this Agreement.\                              |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 9**                                                         |
|                                                                       |
| **USE OF OFFICIAL FACILITIES AND SERVICES**                           |
|                                                                       |
| **Section 1 -** Management recognizes the value of a constructive     |
| labor management relationship and the need for the Locals to have use |
| of adequate office space. Where space is presently being provided to  |
| a NFFE local it will continue. Where space is not presently being     |
| provided or is inadequate, the Local may present proposals concerning |
| office space in negotiations for a present proposals concerning       |
| office space in negotiations for a supplemental agreement. Each local |
| facility Director will place a high priority on the availability of a |
| suitable office for the Locals to conduct their business. Management  |
| will provide at a minimum the following equipment: two locking file   |
| cabinets; a desk or table; four chairs and a telephone line with FTS. |
| The Employer agrees to give each local access to a word processor,    |
| printer and the facility E-mail. Use of E-mail may not be scurrilous, |
| libelous, or in violation of national security. Also, the union       |
| acknowledges that such use is not confidential and privacy is not     |
| insured. Union officials are authorized to use this system for        |
| labor-management relations matters. Inappropriate use may result in   |
| individual terminations of access. The following conditions will      |
| apply to the use of space and equipment:                              |
|                                                                       |
| A. If the space/and or equipment is required for immediate needs of   |
| the facility, management will give the Union a reasonable advance     |
| notice (normally at least 60 days) and bargain with the union over    |
| alternative arrangements.                                             |
|                                                                       |
| A.  Such use will not injure the space and equipment in question.     |
|                                                                       |
| C. That the space and equipment will be subject to the facility\'s    |
| sanitation and safety inspection program.                             |
|                                                                       |
| D. Conference rooms will be made available when requested in advance. |
|                                                                       |
| E The local agrees that the space and equipment will be used only for |
| Local or Council union business and will ensure that the office is    |
| not used by employees for other purposes. Additional details on the   |
| use of office space and equipment may be negotiated at the individual |
| facility level.                                                       |
|                                                                       |
| F. The local parties will meet within 30 days to discuss when such    |
| space and equipment will be provided to the Local Union. Normally     |
| they will be provided within 90 days. Management will inform the      |
| union of the reason for any delays. The VA recognizes the importance  |
| of the position of Council President. At the facility where the       |
| Council President is located an additional desk, chair, locking file  |
| cabinet and telephone line with FTS will be provided. Such            |
| arrangements will ensure privacy.                                     |
|                                                                       |
| **Section 2 -** The Union at the Local level, or the Council, will be |
| authorized the use of copying machines, word processors, fax          |
| machines, or typewriters at reasonable times when this equipment is   |
| not being used for normal business. Their use will be limited to      |
| communications that are of mutual benefit, such as those necessary    |
| for grievance processing or communications between the Union and      |
| management. This does not prohibit the Union from being authorized    |
| the use of surplus equipment of negotiating locally for additional    |
| access to equipment, including computers.                             |
|                                                                       |
| **Section 3 -** Current reference and regulatory materials such as    |
| the FPM, VA regulations, VA policies and any locally established      |
| policies affecting unit employees will be made available during       |
| normal office hours upon request. Access during evening and night     |
| shifts is an appropriate subject for local negotiations.              |
|                                                                       |
| **Section 4 -** Local union officials may use the facility telephone  |
| service for local intra station labor management activities so long   |
| as it does not interfere with the primary official business of the    |
| facility. Council Officers and the local union presidents or their    |
| designees may use FTS for necessary communications in handling the    |
| resolution of issues that arise between the union and management.     |
| Calls are not authorized for issues that should normally be resolved  |
| at the local level but rather for complex issues or issues having     |
| multi-station implications. Each Union official will be responsible   |
| to ensure the use of the system is not abused and that there is no    |
| interference with official activities. The Union official will use    |
| the FTS System in a reasonable, prudent and cost conscious manner.    |
| FTS will not be used for internal-union business or personal calls.   |
|                                                                       |
| **Section 5 -** Any local that has not been provided a copy of MP-5   |
| Part II (and, where appropriate, Part I as it pertains to bargaining  |
| unit employees) will be furnished one at their request. A Council     |
| Officer will be provided a copy of MP-5, Part I and II upon request   |
| if not working in a facility where regulations are available. Copies  |
| for individual locals will be ordered by the field station and the    |
| local will be responsible for its assembly and upkeep. Supplements    |
| and changes to these manuals will be provided when received.          |
|                                                                       |
| **Section 6** - The Local, the Council, and its representatives may   |
| use the internal messenger system for regular representational        |
| communications (e.g., grievance correspondence or letters and         |
| memoranda to Management).                                             |
|                                                                       |
| **Section 7 -** Management agrees to arrange for printing of this     |
| agreement . It further agrees to distribute copies of this agreement  |
| and any amendments to each covered employee and to each management    |
| official responsible for its administration. The cost of printing the |
| agreement and any amendments will be borne by Management. In          |
| addition, Management agrees to provide each Local 25 copies and the   |
| VA Council 50 copies of the Agreement.                                |
|                                                                       |
| **Section 8** - At each facility where there are employees covered by |
| this Agreement, the Union will be provided bulletin boards and/or     |
| official bulletin board space in areas normally used for              |
| communicating with bargaining unit employees. Details for the use     |
| and/or numbers of bulletin boards and/or board space will be          |
| negotiated at the individual facility level. However, on each         |
| bulletin board as provided by local negotiations a minimal space      |
| equivalent to two 8 1/2\" by 11\" sheets of paper will be reserved    |
| for union use. In addition, one bulletin board limited to Union use   |
| will be provided near the entrance to the Local Union Office. It will |
| be glass enclosed and lockable with key. This language is not         |
| intended to supersede any existing usage of other types of bulletin   |
| or billboards that exceeds the above requirements. The material       |
| posted must be clearly identified as that of the Union and must not   |
| be scurrilous or libelous.                                            |
|                                                                       |
| **Section 9** - Management will provide timely written notice to the  |
| local Union of employees entering or leaving bargaining unit          |
| positions.\                                                           |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 10**                                                        |
|                                                                       |
| **SUGGESTION PROGRAM**                                                |
|                                                                       |
| **Section 1** - Management at each facility is responsible for        |
| administering a progressive and sound incentive awards and suggestion |
| program in accordance with OPM and VA regulations. Special            |
| Contribution and Suggestion Awards will be granted as fairly and      |
| equitably as possible in accordance with VA policy.                   |
|                                                                       |
| **Section 2** - The facilities will provide information to all        |
| employees so that they understand the general criteria for Special    |
| Contribution Awards, and the benefits to be derived from the          |
| Suggestion program. The Employer agrees to make suggestion forms      |
| accessible to the employees in the Unit.                              |
|                                                                       |
| **Section 3** - The Employer and the Union support and encourage all  |
| employees to participate in the Suggestion Program. It is agreed that |
| every reasonable effort will be made to process suggestions in an     |
| expeditious manner. Normally, suggestions should be processed within  |
| sixty(60) days. Exceptions to this time frame may be required because |
| of special situations such as a test period, referral to other        |
| outside authority for approval or review or development of an         |
| instruction. The Employer will provide an employee whose suggestion   |
| is not adopted or awarded a copy of the written evaluation at the     |
| time the decision is made. It is agreed that an employee who          |
| encounters unreasonable delays in receiving a final determination of  |
| the adoption or rejection of a suggestion should refer the matter to  |
| his/her immediate supervisor who will in turn make a reasonable       |
| effort to resolve the problem. The Incentive Awards Officer will be   |
| available to assist in these matters.                                 |
|                                                                       |
| **Section 4** - The Employer and the Union will encourage employees   |
| to discuss prospective suggestions with their immediate supervisor,   |
| who will aid them in ensuring that the suggestion is sufficiently     |
| described for evaluation.                                             |
|                                                                       |
| **Section 5** - An evaluator may discuss a suggestion with the        |
| suggester if he/she believes doing so will aid him/her in the         |
| evaluation process.\                                                  |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 11**                                                        |
|                                                                       |
| **PROFESSIONAL ADVANCEMENT AND ASSIGNMENTS**                          |
|                                                                       |
| **Section 1 -** The professional standards boards, as established,    |
| will act on advancement for grade promotions for all Title 38 U.S.C.  |
| employees. Employees will be considered for promotion to the next     |
| higher grade when they meet the requirements specified in MP-5, Part  |
| II, Chapter 5, paragraph 6. Title 38 employees may also be considered |
| for special advancement for achievement or performance.               |
|                                                                       |
| **Section 2** - Management recognizes that employees covered by Title |
| 38 USC benefit the mission of the VA through concentrating on their   |
| individual professional advancement. In this regard, Management       |
| encourages such employees to request assignments to other functions   |
| which promote further development of their clinical, teaching, or     |
| administrative skills, abilities or potential. Employees are          |
| encouraged to indicate their interest in other assignments by         |
| discussing the matter with and submitting a request in writing to     |
| their service chief, or designee, or other supervisor. Upon request   |
| of an employee, a meeting will be arranged with the Service Chief or  |
| designee so that the employee may discuss his/her application(s)for   |
| different assignments. Management agrees to give reasonable           |
| consideration to employee requests for other assignments.             |
|                                                                       |
| **Section 3 -** Management will post for 15 calendar days, a notice   |
| of vacancies (except for Physician, Dentist, Podiatrist and           |
| Optometrist positions) so all unit employees will have an opportunity |
| to be considered for positions. Additionally, employees may submit a  |
| memorandum through their supervisor to their Service Chief at any     |
| time requesting to be considered for a particular work location       |
| assignment. At the request of an employee, Management will provide    |
| such employee with an explanation why they did not receive the        |
| position if they have a request on file. In accordance with           |
| applicable law and regulation, upon the request of the Union, the     |
| Union will be provided a list of those who have applied for a         |
| specific position.                                                    |
|                                                                       |
| **Section 5 -** Temporary change in assignments not requested by the  |
| employee, will be for the shortest period of time necessary to meet   |
| the needs of the agency.                                              |
|                                                                       |
| **Section 6 -** Management shall avoid favoritism and reprisal in the |
| choice of employees for reassignment.                                 |
|                                                                       |
| **Section 7 -** Telephone interviews may be conducted if a candidate  |
| is not available for a personal interview.\                           |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 12**                                                        |
|                                                                       |
| **SAFETY AND HEALTH**                                                 |
|                                                                       |
| **Section 1** - The parties agree that safety is of prime             |
| consideration in the accomplishment of the Department\'s mission and  |
| commit themselves to establishing and maintaining safe working        |
| conditions. The Department of Veterans Affairs is committed to        |
| maintaining a safety program that meets the requirements of           |
| applicable statutes and government-wide regulations.                  |
|                                                                       |
| **Section 2** - Safety and health matters are appropriate subjects    |
| for the labor-management committee meetings addressed in Article 2.   |
| At the national meetings the VACO Safety Officer (or designee) shall  |
| be a participant if safety and health matters are discussed. Each     |
| local shall have at least one union representative on any local       |
| Safety and Health Committee that considers safety and health issues   |
| for employees in the unit. Such representatives will be allowed to    |
| participate in committee meetings on official time if otherwise in a  |
| duty status. Where no local committees are established, local         |
| Management will meet with the Union upon request to discuss safety    |
| and health matters. Such meetings will include the Safety Officer and |
| other management officials concerned with the matter. NFFE members of |
| the committee will receive training in their duties and will have     |
| access to agency information necessary in the performance of their    |
| duties.                                                               |
|                                                                       |
| **Section 3** - Local union officials will be allowed access to any   |
| information pertinent to unit employees safety that is available at   |
| the facility and which is releasable under applicable laws and        |
| government wide regulations.                                          |
|                                                                       |
| **Section 4 -** Where a Director of a VA facility chooses to          |
| participate in Field Federal Safety and Health Councils at a station  |
| where NFFE holds exclusive recognition, the NFFE will be allowed to   |
| provide a representative consistent with subpart K of 29 CFR, Part    |
| 1960.                                                                 |
|                                                                       |
| **Section 5** - A local representative designated by the union shall  |
| be given the opportunity to accompany the Regional Safety and Fire    |
| Protection Engineer during the annual physical inspection of any      |
| workplace as well as the official who conducts an inspection in       |
| response to a report made by a bargaining unit employee or the Union  |
| of any unsafe or unhealthful condition.. The local union              |
| representative shall also be given the opportunity to accompany an    |
| OSHA inspector at any time the inspector conducts an inspection of    |
| the workplace of any unit employees. Copies of inspection reports     |
| will be furnished to the local Union.                                 |
|                                                                       |
| **Section 6 -** Management shall acquire and maintain approved        |
| personal protective equipment, safety equipment and other devices, as |
| necessary, to provide protection of employees from hazardous          |
| conditions during performance of their official duties. In addition,  |
| if there is serious concern for an employee\'s safety and VA police   |
| are available, the employee will, upon request, be provided an escort |
| on VA premises.                                                       |
|                                                                       |
| **Section 7 -** The Employer agrees to provide adequate lighting,     |
| heating, and ventilation in work areas. Subject to safety regulations |
| and utility capabilities, employees will be allowed to bring in space |
| heaters, heating pads, portable electric fans and similar items where |
| management and the union agree that inadequate or unreasonably        |
| uncomfortable conditions exist until the conditions have been         |
| corrected. In extreme conditions, consideration will be given to      |
| excusing employees without charge to leave. If a decision is made not |
| to excuse employees, supervisors will be liberal in granting employee |
| requests for leave. The Employer agrees that in extreme conditions,   |
| employee performance may be adversely affected.                       |
|                                                                       |
| **Section 8 -** The Employer shall encourage employees to work safely |
| and to report any observed unsafe or unhealthy conditions to the      |
| employee\'s immediate supervisor. Stewards and other representatives  |
| of the Union, in the course of performing their normally assigned     |
| responsibilities, are encouraged to observe and report unsafe         |
| practices, equipment and conditions which may represent health or     |
| safety hazards. The Employer assures there will be no restraint or    |
| reprisal as a result of an employee\'s reporting an unsafe practice   |
| or condition.                                                         |
|                                                                       |
| **Section 9 -** Management agrees to assure prompt response to        |
| employee reports of unsafe or unhealthful working conditions and will |
| require an inspection within 24 hours for employee reports of         |
| imminent danger conditions, or within 3 workdays for potentially      |
| serious safety and health conditions. However, an inspection may not  |
| be necessary if, through normal management action and with prompt     |
| notification to employees and safety and health committees, the       |
| hazardous condition(s) identified can be abated immediately. Any      |
| employee, or representative of employees, who believes that an unsafe |
| or unhealthful working condition exists in any workplace where such   |
| employee is employed, is encouraged to report the unsafe condition to |
| his/her supervisor and shall have the right to make a report of the   |
| unsafe or unhealthful working condition to the appropriate agency     |
| Safety and Health inspector and/or OSHA and request an inspection of  |
| such workplace for this purpose.                                      |
|                                                                       |
| **Section 10 -** Management agrees to ensure prompt abatement of      |
| unhealthful and unsafe working conditions. Once it has been           |
| determined that an unsafe or unhealthful working condition exists, a  |
| notice will be posted in accordance with 29 CFR 1960. Whenever the    |
| establishment cannot abate an unsafe or unhealthful working condition |
| within 30 calendar days, it shall prepare an abatement plan with the  |
| cooperation of the establishment\'s Safety and Health official or a   |
| designee and the Safety and Health Committee. The Safety Officer who  |
| prepares the abatement plan will forward a copy of the plan to the    |
| Safety and Health Committee. If there is no committee, the plan will  |
| be sent to the Union. Such plan shall contain a proposed time table   |
| for abatement and a summary of steps being taken in the interim to    |
| protect employees from being injured as a result of the unsafe or     |
| unhealthful working condition. All unit employees subject to the      |
| hazard shall be advised of the interim measures in effect and shall   |
| be kept informed of subsequent progress on the abatement plan. Prior  |
| to the establishment of the abatement plan, the establishment Safety  |
| and Health Official will request that the supervisor take interim     |
| steps for the protection of the employees. The supervisor shall       |
| comply with this request.                                             |
|                                                                       |
| **Section 11 -** The term \"imminent danger\" means any conditions or |
| practices in any workplace which are such that a danger exists which  |
| could reasonably be expected to cause death or serious physical harm  |
| immediately or before the imminence of such danger can be eliminated  |
| through normal procedures. In the case of imminent danger situations, |
| employees shall make reports by the most expeditious means available. |
| The employee has the right to decline to perform his or her assigned  |
| tasks because of a reasonable belief that under the circumstances,    |
| the task poses an imminent risk of death or serious bodily harm       |
| coupled with a reasonable belief that there is insufficient time to   |
| effectively seek corrective action through normal hazard reporting    |
| and abatement procedures. However, in these instances, the employee   |
| must report the situation to his/her supervisor or the next higher    |
| level supervisor who is available immediately. If the supervisor      |
| believes the condition or corrected condition does not pose an        |
| immediate danger, then the supervisor shall request an inspection by  |
| the appropriate safety official as well as contact the designated     |
| union representative.                                                 |
|                                                                       |
| A union representative shall be afforded the opportunity to be        |
| present at the time the inspection is made. If the Employer, after an |
| on site inspection by a designated qualified safety official decides  |
| the condition does not pose an immediate danger, the instruction to   |
| return to work shall be in writing and contain a statement declaring  |
| the area or assignment to be safe. Any refusal to perform such        |
| assignment after the Safety Officer\'s decision or written            |
| instruction to return to work might be cause for discipline. It is    |
| understood that at any time the management official finds there is an |
| imminent danger, the employee will not be obligated to return to the  |
| assignment until the imminent danger is removed.                      |
|                                                                       |
| Employees will report abuse, attacks and/or assaults on the part of   |
| patients upon other patients, visitors and staff. Upon request,       |
| Management agrees to meet with employees and/or union representatives |
| to discuss patient misconduct and recommend remedial or corrective    |
| action.                                                               |
|                                                                       |
| **Section 12** - Employees must report any and all job-related        |
| injuries to their supervisor. The supervisor will take appropriate    |
| action to insure that:                                                |
|                                                                       |
| A. The employee has the opportunity to report to the facility health  |
| unit or his/her personal physician for treatment and to complete      |
| necessary reports, etc.                                               |
|                                                                       |
| B. Personnel Service is promptly notified to insure timely processing |
| of necessary reports and employee claims.                             |
|                                                                       |
| Management agrees that the Personnel Office shall provide assistance  |
| to employees in preparing necessary forms and documents, and, if      |
| appropriate, submit them to the Office of Workers Compensation        |
| Programs (OWCP) and also shall inform employees of their rights under |
| the Federal Employees Compensation Act. Management agrees to provide  |
| employees with assistance in all phases of claims processing,         |
| including follow up contacts with OWCP on the employee\'s behalf.     |
| When Management determines that employees are temporarily unable to   |
| perform their regular duties due to injury or occupational illness,   |
| but may be capable of returning to or remaining in a duty status,     |
| Management will make a good faith effort to locate a work assignment  |
| compatible with the employee\'s physical condition before sending the |
| employee home. This good faith effort shall include an examination as |
| to whether the employee\'s regular duties may be temporarily tailored |
| to meet the situation.                                                |
|                                                                       |
| **Section 13 -** The Employer agrees to maintain an employee          |
| occupational health program and to provide the following services:    |
|                                                                       |
| A. Emergency diagnosis and initial treatment of injury or illness     |
| that becomes necessary during working hours and that is within the    |
| competency of the professional staff and facilities of the health     |
| service unit. If the illness or injury is job-related and if the      |
| health service unit is unable to provide the level of medical         |
| services necessary, the employee will be transported to the medical   |
| facility of the employee\'s choosing, or if the employee is unable to |
| choose, to the nearest appropriate medical facility at no charge to   |
| the employee to the extent permissible by law and currently existing  |
| regulations.                                                          |
|                                                                       |
| B. Provisions for special health examination for specific categories  |
| of employees whose work environment presents peculiar health hazards. |
|                                                                       |
| C. Subject to availability of resources and staff, individual         |
| facilities may provide diagnosis and/or screening tests and health    |
| educational programs for unit employees as a health service.          |
|                                                                       |
| D. Referral, upon request of the employee, to private physicians,     |
| dentists, and other community health resources. An employee will      |
| normally be expected to notify his/her supervisor of his intention to |
| seek medical treatment in a health unit.                              |
|                                                                       |
| E. Management will make reasonable efforts to provide and/or make     |
| available appropriate stress management training for unit employees.  |
| Participation in such training will be on official time if otherwise  |
| in a duty status.                                                     |
|                                                                       |
| **Section 14 -** In the interest of safety of the employees, when     |
| requested, the Employer agrees to provide assistance, when available, |
| to employees who are requested to move any furnishings such as desks, |
| filing cabinets, etc. When such assistance is not immediately         |
| available, management will normally wait a reasonable time before     |
| making the move in order to see if assistance becomes available.      |
|                                                                       |
| **Section 15** - The Union may request official time and tuition      |
| expenses for a Council representative to attend an annual OSHA        |
| sponsored training course. If the course offers a benefit to the VA,  |
| the individual will be nominated by the VA for the course and tuition |
| and official time will be provided.                                   |
|                                                                       |
| **Section 16 - Communicable Diseases **                               |
|                                                                       |
| A. Management recognizes its responsibilities to identify areas that  |
| may pose a hazard from highly communicable diseases. Areas that may   |
| contain highly communicable diseases will be identified along with    |
| appropriate information regarding protective measures needed.         |
| Employees will receive instructions on procedures for cleaning areas  |
| that have been identified as containing highly communicable diseases. |
| Materials needed to clean or sanitize a room or a person will be made |
| available to employees. This includes providing a sufficient number   |
| of proper fitting latex gloves to perform the duties. Unpowdered      |
| gloves will be provided as needed.                                    |
|                                                                       |
| B. The parties understand that HIV is not recognized as a highly      |
| communicable disease but that it could be life threatening if proper  |
| procedures were not followed. Facilities and employees will follow    |
| all applicable regulations and guidelines relating to the prevention  |
| of transmission of blood borne pathogens in the health care setting,  |
| commonly known as universal blood and body fluid precautions or       |
| \"universal precautions.\" This includes having an approved HIV       |
| germicidal available for immediate use as established by CDC.         |
|                                                                       |
| C. Employees will not be required to take leave after exposure to     |
| contagious diseases such as measles, unless they are considered       |
| \"susceptible\" after appropriate medical screening by the Employee   |
| Health Office. The agency, at the local level, will furnish the Local |
| Union with a list of contagious diseases.\                            |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 13**                                                        |
|                                                                       |
| **LEAVE**                                                             |
|                                                                       |
| **Section 1** - **Annual leave**                                      |
|                                                                       |
| Annual leave shall be earned in accordance with appropriate statutes  |
| and regulations. The Agency shall allow each employee to schedule     |
| annual leave as he or she requests, subject to approval by the        |
| appropriate official based on workload and staffing needs. Approving  |
| officials must give appropriate consideration to employees with       |
| emergency situations. The amount of leave for an emergency will not   |
| be arbitrarily assigned but will depend upon the appropriateness of   |
| the situation. Annual leave will be administered in accordance with   |
| Department regulations and other applicable laws and regulations, and |
| the following:                                                        |
|                                                                       |
| A. Employees are encouraged to take two weeks annual leave for        |
| vacation purposes each year, providing the employee\'s accrual leave  |
| rate and workload within the organization permits. Normally, the      |
| employee will submit his scheduled leave request (to his immediate    |
| supervisor) between November 1 and December 31 of each year.          |
| Management will approve/disapprove the request in writing prior to    |
| February 1 of the next year.                                          |
|                                                                       |
| B. If there is a conflict in scheduling leave or when there is a      |
| mission need to cancel already approved leave which cannot be         |
| resolved by the individuals involved, the following priorities will   |
| apply.                                                                |
|                                                                       |
| \(1\) Two (2) weeks annual leave scheduled prior to February 1, of    |
| each year and Holidays:                                               |
|                                                                       |
| > \(a\) Employees who were employed at the local facility for the     |
| > previous calendar year;                                             |
|                                                                       |
| \(b\) Employees who did not have that time scheduled during the       |
| previous year;                                                        |
|                                                                       |
| > \(c\) Employees who have not had a choice from the same group of    |
| > Holidays that year;\                                                |
| >                                                                     |
|                                                                       |
| \(d\) Service computation date (SCD);                                 |
|                                                                       |
| > \(e\) Employees who have already incurred a substantial financial   |
| > expenditure for use of that time period (after the leave has        |
| > already been scheduled);                                            |
|                                                                       |
| \(2\) Other leave:                                                    |
|                                                                       |
| > \(a\) Employees who have already incurred a substantial financial   |
| > expenditure for use of that time period (after the time has already |
| > been scheduled);                                                    |
|                                                                       |
| \(b\) Hardship;                                                       |
|                                                                       |
| \(c\) Date of request;                                                |
|                                                                       |
| \(d\) Employees who have use or lose leave;                           |
|                                                                       |
| \(e\) Service computation date.                                       |
|                                                                       |
| Once an employee\'s vacation time has been scheduled, he will         |
| normally be permitted to change his selection only if workload        |
| permits and no other employee\'s choice is disturbed or if another    |
| employee agrees to trade.                                             |
|                                                                       |
| C. When making a routine request for annual leave the employee need   |
| not state the                                                         |
|                                                                       |
| reason for the request. When leave is approved in advance for         |
| extended periods, such approved leave will be honored where patient   |
| care needs permit.. When situations arise where previously approved   |
| leave must be canceled, the employee will be given a written          |
| statement why the leave was canceled and will be permitted to         |
| reschedule the leave as soon as patient care needs permit and         |
| priority consideration will be given to that employee in accordance   |
| with the priority list.                                               |
|                                                                       |
| D. Where unforeseen emergencies arise and the employee requests       |
| annual leave, employees must contact the supervisor or designated     |
| alternate thereof, either personally, or by phone, to request leave   |
| as soon as possible, but not later than two hours after the beginning |
| of the regular work shift. If the employee is unable to call the      |
| employer due to unusual circumstances, a family member or other       |
| responsible person may call for the employee. This requirement may be |
| waived because of special or unusual circumstances that preclude such |
| notification.                                                         |
|                                                                       |
| E. Any employee in a use or lose status must be given priority        |
| consideration for their leave to be used by the end of the calendar   |
| year, in accordance with the priority list. Management agrees to      |
| assist employees in scheduling use or lose leave. Such assistance     |
| will include a written notice to employees on or before June 1, of    |
| each year. Such notice will advise employees of the importance of     |
| requesting an adequate amount of leave to avoid the loss of leave. If |
| the Employer prevents an employee from using previously scheduled and |
| approved leave at the end of the year, that leave will be reinstated  |
| to be used during the following year.                                 |
|                                                                       |
| F. Any management directed movement of an employee from one work      |
| location to another will not normally result in loss of an            |
| employee\'s use of approved leave.                                    |
|                                                                       |
| G. For unscheduled leave, employees will normally be informed whether |
| leave is approved or disapproved at the time it is requested. When a  |
| decision cannot be given immediately, it will be given as soon as     |
| possible after the request has been made, and normally not later than |
| 24 hours. Upon request, employees will be furnished the reasons for   |
| disapproval in writing.                                               |
|                                                                       |
| H. When an employee requires emergency treatment due to an on the job |
| injury, the employee will remain in pay status until released from    |
| the emergency room or until the end of the scheduled shift.           |
|                                                                       |
| In areas where 24 hour, 7 day per week staffing is necessary,         |
| Management agrees to make a good faith effort to honor an employee\'s |
| request for two scheduled days off before and after a vacation        |
| period.                                                               |
|                                                                       |
| **Section 2 - Holidays**                                              |
|                                                                       |
| A. Holidays for VA employees will be those established by Statute or  |
| Executive Order.                                                      |
|                                                                       |
| B. Management acknowledges that more liberal annual leave approval    |
| may be appropriate on days before and after holidays.                 |
|                                                                       |
| C. Employees will normally be permitted to incorporate both Christmas |
| and New Years Day in their vacation plans. When there is a conflict   |
| between employees, preference will be given the employee who has not  |
| been granted those holidays in the previous year. If the conflict can |
| not be resolved by the previous years schedule, it will be resolved   |
| by service computation date, with the most senior receiving priority. |
|                                                                       |
| D. In areas where 24 hour, 7 day a week staff is necessary, holidays  |
| shall be divided into three groups as follows:                        |
|                                                                       |
| > Group 1: Martin Luther King\'s Birthday, Presidents Day, Columbus   |
| > Day, Veterans Day;                                                  |
|                                                                       |
| Group 2: Memorial Day, Independence Day, Labor Day                    |
|                                                                       |
| Group 3: Thanksgiving Day, Christmas Day, New Years Day               |
|                                                                       |
| The scheduling of holidays off (or days observed as holidays) within  |
| each of the individual groups listed above shall be equitably         |
| distributed consistent with the provisions of Section 1.b. of this    |
| Article. Management shall strive to allow the maximum number of       |
| employees off on holidays as staffing and workload requirements       |
| permit.                                                               |
|                                                                       |
| E. Requests for holidays off in connection with annual leave will be  |
| considered as exercising an option for the holiday. Employees shall   |
| notify their supervisor of their preference of holidays in the        |
| following manner:                                                     |
|                                                                       |
| Group 1. Normally requests are to be submitted at least 6 weeks       |
| before any given holiday.                                             |
|                                                                       |
| Group 2 and 3: Requests for these holidays are to be normally         |
| submitted at the time that annual leave is requested for prime        |
| vacation time but not later than six weeks before the holiday.        |
|                                                                       |
| Employees will be promptly notified of the decision on their          |
| requests.                                                             |
|                                                                       |
| F. If a supervisor determines that not all employees who have         |
| indicated a preference for a given holiday can be excused on that     |
| holiday, the conflict between employees shall be resolved by using    |
| the priority list in Section 1 B of this Article.                     |
|                                                                       |
| **Section 3 - Sick Leave**                                            |
|                                                                       |
| A. Sick leave shall be granted to employees upon request of the       |
| employee or his/her family member for any of the following reasons:   |
|                                                                       |
| \(1\) When the employee is incapacitated for the performance of duty  |
| because of sickness, injury, or pregnancy and confinement;            |
|                                                                       |
| \(2\) For medical, dental, or optical examination or treatment;       |
|                                                                       |
| \(3\) When a member of the employee\'s immediate family is afflicted  |
| with contagious disease and requires the personal care and attendance |
| of the employee;                                                      |
|                                                                       |
| \(4\) When, through exposure to contagious disease, the presence of   |
| the employee at the place of duty would jeopardize the health of      |
| others; or                                                            |
|                                                                       |
| \(5\) To participate in substance abuse treatment programs or         |
| counseling that would not be covered by authorized absence.           |
|                                                                       |
| B. Application for leave (SF-71) and a medical certificate or         |
| equivalent will not be required for a sick leave period of three      |
| consecutive work days or less unless an employee is suspected of sick |
| leave abuse. Normally employees will be advised in advance in writing |
| of such requirement. All written notices shall explain in detail why  |
| the requirement has been established and what actions must be taken   |
| in order to get it removed. In all cases, the written notice shall be |
| reviewed with the employee no later than 6 months afterward. If no    |
| sick leave misuse is shown during the six month period the            |
| requirement shall be removed and the notice removed from all records. |
| If the notice is continued, the employee will be notified in writing  |
| of the reason for the continuance. Use of all available leave or      |
| absence on approved leave on many occasions does not in itself        |
| constitute misuse of sick leave.                                      |
|                                                                       |
| C. Employees on sick leave for more than 3 consecutive work days or   |
| on leave restriction must furnish satisfactory evidence of their need |
| for sick leave within a reasonable time after returning to duty. When |
| a medical certificate is not furnished due to a shortage of           |
| physicians, remoteness of locality, or because the nature of illness  |
| did not require a physician\'s services, or other valid reason, the   |
| employee\'s signed statement of reasons why other supporting evidence |
| is not furnished will normally be accepted in lieu of a medical       |
| certification. However, if an employee is on leave restriction,       |
| management may require a physician\'s statement for every use of sick |
| leave.                                                                |
|                                                                       |
| D. It is the responsibility of an employee who is incapacitated for   |
| duty to report or to have some responsible person report his or her   |
| illness as soon as possible to the supervisor, or designee. This must |
| be accomplished no later than two hours after the employee is         |
| scheduled to report for duty unless there are mitigating              |
| circumstances. An employee who expects to be absent more than one day |
| shall inform the supervisor of the approximate date of return to      |
| duty, if possible. If he or she does so, daily reports will not be    |
| required. An employee will not routinely be required to reveal the    |
| nature of illness as a condition for approval. Failure to furnish the |
| nature of illness will not, in itself, serve as a basis for           |
| disapproval.                                                          |
|                                                                       |
| **Section 4 - Maternity/Paternity Leave **                            |
|                                                                       |
| Sick leave, annual leave, or leave without pay may be granted as      |
| appropriate to any employee who is pregnant, during delivery,         |
| confinement, and for care of the infant. Annual leave or leave        |
| without pay may be granted to male employees in order to aid or       |
| assist in care of his minor children or the mother of the newborn     |
| child in relation to confinement for maternity reasons. Annual leave  |
| or leave without pay also may be granted to any employee when         |
| adopting a child.                                                     |
|                                                                       |
| **Section 5 - Military Leave**                                        |
|                                                                       |
| A. Employees will be granted military leave in accordance with 5      |
| U.S.C. Sec. 6323 and MP-5, Part II, Chapter 7. Employees will be      |
| provided advice on leave benefits by the Personnel Officer upon       |
| request.                                                              |
|                                                                       |
| B. To use military leave employees must:                              |
|                                                                       |
| > \(1\) Notify his or her supervisor as soon as possible after        |
| > receiving notification of the training or active service.           |
| >                                                                     |
| > \(2\) Provide evidence of the requirement (written orders or        |
| > confirmation of orders by the individual\'s military commander).    |
| >                                                                     |
| > \(3\) Request military leave, annual leave, or leave without pay as |
| > appropriate using Standard Form 71, Application for Leave.          |
| >                                                                     |
| > \(4\) Furnish a certification of completion of training or active   |
| > service from the military commander or superior upon returning to   |
| > his or her civilian position.                                       |
|                                                                       |
| C. Employees will be granted military leave, annual leave or leave    |
| without pay for all required military time, including drill weekends. |
| Requests to perform active or inactive duty for training that is in   |
| addition to required military duty will not be viewed as requiring    |
| automatic approval, but will be considered on a case by case basis.   |
|                                                                       |
| **Section 6 - Administrative Leave or Excused Absence**               |
|                                                                       |
| Consistent with Agency policy, management officials may grant         |
| absences from duty without charge to leave. The following gives some  |
| of the activities for which excused absences will normally be         |
| authorized. This is not an all inclusive list. MP-5, Part I, Chapter  |
| 630 spells out other instances when excused absence may be            |
| authorized. Administrative leave is treated as time worked for all    |
| purposes, except that the employee is excused from his regular        |
| assigned duties.                                                      |
|                                                                       |
| A. Infrequent or brief periods of absence or tardiness of less than   |
| one hour due to circumstances beyond the employee\'s control;         |
|                                                                       |
| B. Employees who give blood without compensation may be excused       |
| without charge to leave for any portion of the day blood is donated,  |
| for travel to the donation site, donation and recovery. Normally this |
| will not exceed 4 hours unless travel time is required.               |
|                                                                       |
| C. For registering to vote and/or voting in governmental elections.   |
| When the polls are not open at least three hours either before or     |
| after an employee\'s regular hours of work, he or she may be granted  |
| an amount of administrative excused time to vote which will permit    |
| the employee to report for work 3 hours after the polls open or to    |
| leave work 3 hours before the polls close, whichever requires the     |
| lesser amount of time off.                                            |
|                                                                       |
| D. Fulfillment of administrative responsibilities in connection with  |
| a non-local transfer;                                                 |
|                                                                       |
| E. Time spent in approved training;                                   |
|                                                                       |
| F. Non-duty status when allowing the employee to continue working     |
| would be dangerous to life or property or otherwise inconsistent with |
| the fulfillment of the agency mission;                                |
|                                                                       |
| G. Severe weather and emergency situations;                           |
|                                                                       |
| H. Emergency treatment due to an on-the-job injury.                   |
|                                                                       |
| I. Jury duty.                                                         |
|                                                                       |
| J. As a witness in the employee\'s official capacity as a Federal     |
| employee, serving as a witness in behalf of the Employer or the       |
| United States in compliance with applicable regulations.              |
|                                                                       |
| K. Court leave.\                                                      |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **Section 7 - Leave Without Pay **                                    |
|                                                                       |
| Employees who do not have leave to their credit and wish to take      |
| leave for emergencies or other necessities may be granted leave       |
| without pay upon request. Employees may also be granted leave without |
| pay upon request if they have leave to their credit but choose not to |
| take it. Leave without pay may be granted on an extended basis for    |
| educational purposes, while awaiting action on a disability           |
| retirement or OWCP claim, and may be granted while serving as an      |
| officer or representative of NFFE or the VA Consolidated Council when |
| involved in matters other than those covered by official time.        |
| Requests will be considered on an individual basis. Leave without pay |
| may be granted for other reasons consistent with Department policy.   |
| The Employer will notify each employee of the effect that taking a    |
| period of extended leave without pay (more than 30 days) would have   |
| upon his/her employment status and benefits. This will be done prior  |
| to the time the leave is scheduled to commence and is actually taken  |
| when the leave is requested in advance. The provisions above shall    |
| not be applied to avoid provisions relating to administrative leave   |
| which arise under similar circumstances.                              |
|                                                                       |
| **Section 8 - Disabled Veterans**                                     |
|                                                                       |
| When a disabled Veteran employee presents a statement from a medical  |
| authority that treatment is required, annual leave or sick leave will |
| be granted, if available; otherwise, leave-without pay will be        |
| granted. The granting of such leave is mandatory provided that the    |
| Veteran gives prior notice of definite days and hours of absence for  |
| medical treatment.\                                                   |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 14**                                                        |
|                                                                       |
| **PAY CHECKS, LEAVE STATEMENTS AND PER DIEM**                         |
|                                                                       |
| **Section 1**                                                         |
|                                                                       |
| A. Employee\'s will receive overtime or compensatory time in          |
| accordance with applicable regulations for work performed after the   |
| employee\'s normal daily or weekly tour.                              |
|                                                                       |
| B. The Department will assist any employee who does not receive a     |
| paycheck in a timely fashion. The Department will initiate immediate  |
| action, in accordance with Treasury and VA regulations, to secure a   |
| pay check for employees whose paycheck does not arrive timely,        |
| including requesting a duplicate check if the regular pay check is    |
| more than 3 days late. The parties agree whenever the agency\'s error |
| results in a failure of an employee to receive full salary payment on |
| time, the agency will take immediate action to expedite payment to    |
| the employee. This might include payment from petty cash, duplicate   |
| check, partial check, etc., to the extent that may be authorized..    |
|                                                                       |
| **Section 2** - **Pay Check and Leave and Earnings Statements**       |
|                                                                       |
| The parties recognize that it is the employee\'s responsibility to    |
| timely make arrangements for delivery of the employee\'s pay check.   |
|                                                                       |
| A. Employees are encouraged to have their paychecks delivered by      |
| Direct Deposit(DD) or Electronic Funds Transfer (EFT) to a financial  |
| institute of their choice. This will be the norm. Where an employee   |
| does not elect either of these methods of payment, the pay check and  |
| Earnings and Leave Statement will be delivered as outlined in b       |
| below.                                                                |
|                                                                       |
| B. (1) Normally pay checks will be available for pick up at the agent |
| cashier during normal duty hours. Earnings and Leave Statements will  |
| be delivered to employees at their worksite or duty station during    |
| the employee\'s duty hours.                                           |
|                                                                       |
| \(2\) If the employee is not at the duty station, pay checks and      |
| Earnings and Leave Statements will be secured and made available to   |
| the employee upon return, or, upon timely notice mailed to an address |
| designated by the employee.                                           |
|                                                                       |
| \(3\) Employees will receive pay checks and Earnings and Leave        |
| Statements on payday or as soon as received thereafter. Earnings and  |
| Leave Statements will be distributed to each employee in a manner to  |
| insure security and confidentiality. This will normally be by hand    |
| delivery.                                                             |
|                                                                       |
| \(4\) The above procedure will be communicated to each new employee   |
| as soon as possible and not later than 30 days after being employed.  |
| All employees on board will be advised of this procedure within 30    |
| days of the facility\'s receipt of this agreement.                    |
|                                                                       |
| **Section 3 - Per Diem **                                             |
|                                                                       |
| Under normal conditions, Management will plan trip assignments far    |
| enough in advance so that if an employee needs a per diem advance,    |
| sufficient time will be available to request and receive the advance  |
| to use on the assigned trip. It is understood that employees who are  |
| considered frequent travelers may be issued a American Express Card   |
| and will be required to follow the provisions governing its use. Each |
| employee will be told the per diem rates applicable to their trip as  |
| soon as Management ascertains which rates apply. Employees will be    |
| reimbursed for expenses involved in official business in accordance   |
| with regulations. If an employee is not notified of travel in time to |
| receive an advance from the normal financial source, a cash advance   |
| of funds will be granted to the extent permissible by appropriate     |
| regulations. If the employee has paid travel expenses out of pocket   |
| and has not received reimbursement within 30 calendar days after      |
| submitting a properly completed travel voucher, Management will       |
| initiate a follow-up with the appropriate fiscal authority in an      |
| effort to secure payment.                                             |
|                                                                       |
| Employees who are required to use their automobile for the            |
| performance of official duties will be reimbursed for mileage and     |
| parking expenses in accordance with applicable laws and VA            |
| regulations.\                                                         |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 15**                                                        |
|                                                                       |
| **PROFICIENCY RATINGS**                                               |
|                                                                       |
| **Section 1 -** The proficiency rating system shall be used to        |
| provide a basis for keeping employees informed of what is expected of |
| them in their assignment, and keeping them informed of the level of   |
| performance in their assignment. It will also be used when            |
| identifying training needs and supporting outstanding service         |
|                                                                       |
| **Section 2 -** The approving official will be the next higher level  |
| professional-administrative management official over the rating       |
| official.                                                             |
|                                                                       |
| **Section 3 -** Proficiency ratings will be made annually or as       |
| otherwise provided in MP-5, Part II.                                  |
|                                                                       |
| **Section 4 -** New employees shall be provided the performance       |
| elements on which they will be evaluated at the beginning of the      |
| rating period. All employees should be informed of their rating       |
| elements.                                                             |
|                                                                       |
| **Section 5 -** Employees shall be counseled on a regular basis       |
| concerning their level of proficiency.                                |
|                                                                       |
| **Section 6 -** When performance problems are observed which may be   |
| expected to result in an unsatisfactory annual proficiency rating,    |
| the rating official will hold a counseling conference with the        |
| employee sufficiently in advance of the due date of the annual report |
| to give the employee a reasonable opportunity to correct identified   |
| deficiencies and to demonstrate satisfactory performance. During the  |
| conference, the rating official will tell the employee of the time,   |
| normally 60 to 90 days, which will be allowed for improvement of      |
| performance. After the conference, the rating official will prepare,  |
| sign, and date a document indicating the reasons for the conference,  |
| the performance deficiencies and suggested solutions, and the time    |
| allowed for improvement. A copy will be given to the employee. A      |
| counseling will not be necessary if the employee\'s performance       |
| constitutes a clear danger to him/herself or others.                  |
|                                                                       |
| **Section 7 -** Employees shall be encouraged to submit input into    |
| their proficiency ratings.\                                           |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 16**                                                        |
|                                                                       |
| **DISCIPLINARY AND ADVERSE ACTIONS**                                  |
|                                                                       |
| **(Not arising out of or involving a question of professional conduct |
| or competence.)**                                                     |
|                                                                       |
| **Section 1**                                                         |
|                                                                       |
| A. Management agrees that action taken against unit employees will be |
| taken for just cause, consistent with applicable laws, and be fair    |
| and equitable. The parties agree that the concept of progressive      |
| discipline, designed primarily to correct and improve employee        |
| behavior, rather than to punish, will usually be followed. A more     |
| serious penalty than the least available may be taken whenever        |
| required by law or regulations, or required to correct the attitude   |
| or conduct of the employee. Usually progressively more severe         |
| penalties will be administered before discharge is initiated unless   |
| the offense is so serious that discharge is justified. Employees will |
| not be subjected to arbitrary or unreasonable acts by supervising     |
| personnel.\                                                           |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **Section 2 - Preliminary Investigations **                           |
|                                                                       |
| In every case to determine what action is warranted, inquiry will be  |
| made into the incident or situation, as soon as possible. Ordinarily  |
| this inquiry will be made by the appropriate line supervisor.         |
| However, as appropriate, it may be necessary for other management     |
| officials to make the preliminary inquiry. The employee who is        |
| alleged to have committed the offense and any other persons who may   |
| have pertinent information about the case will be questioned, and     |
| signed statements ordinarily will be obtained. Information will be    |
| developed impartially, and reasonable effort will be made to          |
| reconcile conflicting statements by developing additional evidence.   |
| In all cases, the information obtained will be documented. Written    |
| material such as supervisory notes may be used to support an action   |
| detrimental to an employee if such material has been shown to the     |
| employee in a timely manner after the occurrence of the act and a     |
| copy provided to the employee upon request. The Union shall be given  |
| the opportunity to be represented at any examination of a unit        |
| employee by a management official in any investigation which may      |
| result in disciplinary or major adverse action being taken against    |
| the employee and the employee requests representation.                |
|                                                                       |
| **Section 3 -** All letters of proposed admonishment or reprimand     |
| shall contain specific information to indicate specifically why the   |
| letter is being issued. The decision letter will advise the employee  |
| of how long and where the letter may be retained, and if the letter   |
| may be used in determining an appropriate penalty if further          |
| infractions occur. Normally admonishments will be retained for six    |
| months to one year and reprimands will be retained for one to two     |
| years. The time frames may be shortened or lengthened by the issuing  |
| official. The employee may, after 6 months, make a written request to |
| the issuing official that the admonishment be withdrawn. The employee |
| may, after one year make a written request to the issuing official    |
| that the reprimand be withdrawn. The removal of these actions depends |
| upon the employee\'s record being clean during the time of retention  |
| and the seriousness of the offense.                                   |
|                                                                       |
| **Section 4 -** For the purpose of this Article disciplinary actions  |
| shall be letters of admonishment and reprimands, and major adverse    |
| actions are suspensions, discharge, involuntary transfers, or         |
| reductions in grade or basic pay. The following definitions will      |
| apply:                                                                |
|                                                                       |
| A. Disciplinary Actions.                                              |
|                                                                       |
| > \(1\) Admonishment. An official letter of censure to an employee    |
| > for minor act(s) of misconduct.                                     |
| >                                                                     |
| > \(2\) Reprimand. An official letter of censure to an employee for   |
| > an act of misconduct. A reprimand is a more severe disciplinary     |
| > action than an admonishment.                                        |
|                                                                       |
| B. Major Adverse Actions.                                             |
|                                                                       |
| > \(1\) Suspension. The involuntary placement of an employee, for     |
| > disciplinary reasons, in a non-duty, non-pay status for a temporary |
| > period of time.                                                     |
| >                                                                     |
| > \(2\) Transfer. The involuntary movement of an employee from one VA |
| > facility to another (under separate managerial authority) without a |
| > break in service.                                                   |
| >                                                                     |
| > \(3\) Reduction in Grade. The involuntary assignment to a lower     |
| > grade on the same pay schedule.                                     |
| >                                                                     |
| > \(4\) Reduction in Basic Pay. The involuntary reduction of the      |
| > annual rate of basic pay to which an employee is entitled under 38  |
| > USC 7404, including above minimum entrance rates and special        |
| > entrance rates authorized under 38 USC. 7455. This does not apply   |
| > to reductions in pay other than basic pay, such as the loss of      |
| > physician or dentist special pay or head nurse differential, other  |
| > differentials, allowances or premium pay such as standby, on-call,  |
| > shift, overtime, Sunday, holiday, night work, hazardous duty, and   |
| > interim geographic adjustment.                                      |
|                                                                       |
| \(5\) Discharge. The involuntary separation of an employee from       |
| employment.                                                           |
|                                                                       |
| **Section 5 - Procedures**                                            |
|                                                                       |
| A. Prior to taking disciplinary or adverse actions, employees will be |
| given advance written notice of the action proposed. The advance      |
| notice for a disciplinary action will be not less than 10 days and    |
| for a major adverse action not less than 30 days unless there is      |
| reasonable cause to believe the employee has committed a crime for    |
| which a sentence of imprisonment may be imposed when it may be        |
| limited to 7 days.. All advance notices of proposed action will       |
| contain the following information:                                    |
|                                                                       |
| \(1\) The nature of the action proposed (e.g. admonishment).          |
|                                                                       |
| > \(2\) The specific charges upon which the proposed action is based, |
| > including names, dates, places, and other data sufficient to enable |
| > the employee to fully understand the charges and to respond to      |
| > them.                                                               |
| >                                                                     |
| > \(3\) Any specific law, regulation, policy, procedure, practice or  |
| > other specific instruction that has been violated as it pertains to |
| > the charge(s).                                                      |
| >                                                                     |
| > \(4\) The right to review the material relied upon to support the   |
| > reasons for the proposed action.                                    |
| >                                                                     |
| > \(5\) The right to reply orally or in writing, or both orally and   |
| > in writing, and to submit affidavits and other documentary evidence |
| > in support of the reply.                                            |
| >                                                                     |
| > \(6\) The right to a reasonable amount of time to submit the reply. |
| > The employee will have 7 days to respond on a proposed disciplinary |
| > action and 14 days to respond on a proposed major adverse action.   |
|                                                                       |
| \(7\) Identification of the official who will receive any oral and/or |
| written reply.                                                        |
|                                                                       |
| **Section 6 -** After carefully considering the evidence and the      |
| employee\'s response, if any, including any mitigating factors, the   |
| deciding official shall make a timely decision. Such decision may not |
| be more severe than that which was proposed.                          |
|                                                                       |
| **Section 7 -** The employee will be given a written decision as soon |
| as possible after his or her reply has been fully considered or after |
| the expiration of the time allowed for reply, if the employee does    |
| not reply. The decision letter shall contain the following            |
| information:                                                          |
|                                                                       |
| > \(1\) A statement of the reason(s) for the action being taken.      |
| >                                                                     |
| > \(2\) A statement of how long and where the letter will be          |
| > retained, if the decision is to admonish or reprimand.              |
|                                                                       |
| \(3\) A statement of what was considered in arriving at the decision. |
|                                                                       |
| > \(4\) A statement that the employee may grieve the action under one |
| > of the following procedures: the agency grievance procedure, the    |
| > negotiated grievance procedure or the EEO procedure, the time       |
| > limits for filing under each procedure, and that the employee will  |
| > be deemed to have exercised his/her option to raise the matter      |
| > under one procedure or the other at the time the employee timely    |
| > files a written grievance or files a formal written EEO complaint.  |
| >                                                                     |
| > \(5\) A statement that the employee has the right to be represented |
| > by an attorney, Union representative or other representative of the |
| > employee\'s choice at all stages of the process, except for a       |
| > grievance under the negotiated grievance procedure, in which case   |
| > only a Union representative may be chosen. The letter will also     |
| > contain the Local Union President\'s name and telephone number.     |
| >                                                                     |
| > \(6\) That the decision will be implemented not earlier than the    |
| > 30th day following the decision letter if it is a major adverse     |
| > action.                                                             |
|                                                                       |
| **Section 8 -** A duplicate copy of the letter of admonishment or     |
| reprimand and /or notice of proposed action or decision will be       |
| furnished to the employee.                                            |
|                                                                       |
| **Section 9 -** Time limits for the employee\'s response may be       |
| extended upon request.\                                               |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 17**                                                        |
|                                                                       |
| **EMPLOYEE ASSISTANCE PROGRAM**                                       |
|                                                                       |
| **Section 1 - General**                                               |
|                                                                       |
| The Department shall maintain an effective employee assistance        |
| program meeting the requirements of applicable laws and regulations   |
| including FPM Chapter 792. Locally, the Union and the Employer shall  |
| discuss and negotiate consistent with the law and policy any proposed |
| changes or recommendations relative to the program for employees with |
| medical/behavioral problems. The parties at the local level may       |
| negotiate local procedures for cooperation in carrying out the intent |
| of this policy. Union members involved in representation pursuant to  |
| this Article shall be considered to be on official duty. Employee     |
| participation in the program shall be voluntary.                      |
|                                                                       |
| **Section 2 - Policy**                                                |
|                                                                       |
| A. The Employer recognizes alcoholism, other drug or chemical         |
| dependencies, and mental illness as illnesses. Employees who have     |
| these illnesses will receive the same careful consideration and       |
| respect as employees who have any other illness. The Employer will    |
| respect an individual\'s right to privacy.                            |
|                                                                       |
| B. It is the basic function of a supervisor to identify poor job      |
| performance and to take corrective action. The Employer recognizes,   |
| however, that supervisors may not have the professional               |
| qualifications to diagnose such problems as alcoholism, drug          |
| dependency, or mental illness.                                        |
|                                                                       |
| C. Diagnosis and/or treatment should be accomplished by referral of   |
| employees to professional treatment and assistance sources.           |
|                                                                       |
| D. The parties agree that confidential handling of problems under     |
| this program is essential.                                            |
|                                                                       |
| **Section 3 - Responsibilities and Guidelines**                       |
|                                                                       |
| The following program provisions will apply:                          |
|                                                                       |
| A. A supervisor shall immediately refer to the program any employee   |
| who acknowledges having a medical or behavioral problem either of his |
| or her own or of a family member which is affecting the employee\'s   |
| performance or conduct. If the supervisor reasonably suspects that    |
| the employee has a problem in this area, he or she should refer the   |
| employee\'s name to the program adviser. Once a supervisor makes a    |
| referral, the supervisor may follow up with the program advisor for   |
| leave administration purposes.                                        |
|                                                                       |
| B. Employees may voluntarily seek assistance under the program.       |
|                                                                       |
| C. A coordinator or counselor will be made available upon request     |
| within a reasonable time period to employees at all locations.        |
|                                                                       |
| D. Participation in the program shall not jeopardize an employee\'s   |
| job security or his/her opportunity for promotion.                    |
|                                                                       |
| E. Sick leave, annual leave, or leave without pay will be granted for |
| treatment or counseling sessions consistent with practices for other  |
| illnesses or circumstances.                                           |
|                                                                       |
| F. The coordinator shall maintain an up-to-date listing of community  |
| facilities for treatment of medical/behavioral problems. Such listing |
| shall include the cost of such services and eligibility requirements. |
|                                                                       |
| G. If an employee wants to be accompanied by any individual (such as  |
| union representative, family member, clergyman) at the initial        |
| discussion with a program counselor, the additional person may        |
| attend.                                                               |
|                                                                       |
| **Section 4 - Confidentiality**                                       |
|                                                                       |
| The confidential nature of medical records of employees with          |
| medical/behavioral problems shall be maintained. Neither counselor    |
| nor any management official shall reveal the name of a person         |
| voluntarily seeking assistance without the employee\'s written        |
| consent.                                                              |
|                                                                       |
| S**ection 5 - Publicity **                                            |
|                                                                       |
| Management is committed to providing an effective Employee Assistance |
| Program that instills confidence in the employees that rehabilitation |
| is available and that positive efforts will be made to return the     |
| employee to full performance. Management will provide reasonable      |
| publicity about the Employee Assistance Program aimed at enhancing    |
| employee understanding of the program. Management shall post its      |
| written policy on the Employee Assistance Program, news about the     |
| program, and assurances of confidentiality for participants on        |
| official bulletin boards.                                             |
|                                                                       |
| **Section 6** - The Union may have a representative at any training   |
| program provided for unit employees concerning the Employee           |
| Assistance Program. The union representative will be provided         |
| official time if otherwise in a duty status for such attendance.      |
| Union officials may be invited to management training on the program. |
| If Management elects not to invite the union officials, Management    |
| agrees to provide the Union with a briefing of the training           |
| conducted.\                                                           |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 18**                                                        |
|                                                                       |
| **EQUAL EMPLOYMENT OPPORTUNITY**                                      |
|                                                                       |
| S**ection 1 -** The parties agree that they are mutually committed to |
| the principle of equal opportunity in employment or conditions of     |
| employment for all persons. They further agree that discrimination    |
| because of race, color, religion, sex, national origin, age, or       |
| non-disqualifying handicap shall be prohibited. Management agrees to  |
| promote the full realization of equal employment opportunity through  |
| a positive and continuing effort.                                     |
|                                                                       |
| **Section 2 -** Management agrees to maintain a sufficient number of  |
| EEO counselors who are properly trained, available and accessible to  |
| all employees. All counselors will be specifically informed of the    |
| unit employee\'s right to file a grievance under the negotiated       |
| grievance procedure or file an EEO complaint. The Union at each       |
| facility may recommend employees for EEO counselor positions. Such    |
| employees will be given consideration based solely on their ability   |
| to perform the EEO counselor functions.                               |
|                                                                       |
| **Section 3** - Subject to applicable law and regulations of          |
| appropriate authority, an employee may have a representative of       |
| his/her choice at any stage in the processing of an EEO complaint. A  |
| union representative, will be provided, upon request, at least as     |
| much data, resource material, and information as could be provided to |
| the employee.                                                         |
|                                                                       |
| **Section 4 -** The parties recognize that the goal of the upward     |
| mobility program is to provide opportunities for employees to advance |
| so as to perform at their highest potential consistent with the needs |
| of the VA. Employees may seek guidance from their supervisor or the   |
| Personnel Office if they are interested in learning about career      |
| opportunities.                                                        |
|                                                                       |
| **Section 5** - Any employee engaging in illegal discriminatory       |
| practices against other employees shall be subject to prompt          |
| disciplinary action.                                                  |
|                                                                       |
| **Section 6** - The Union at the local level will be allowed at least |
| one member on local EEO committees.                                   |
|                                                                       |
| **Section 7 -** The Employer agrees to allow the Union an opportunity |
| to review and comment on the Department facility Affirmative Action   |
| Plan and the Federal Equal Employment Opportunity Recruitment Program |
| plan prior to their implementation.\                                  |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 19**                                                        |
|                                                                       |
| **FUNCTIONAL STATEMENTS**                                             |
|                                                                       |
| **Section 1 -** Each unit employee is entitled to a complete and      |
| accurate functional statement which shall be reviewed annually by the |
| employee and management during the proficiency rating process. If new |
| duties are added for which the employee is not trained, appropriate   |
| training will be provided by management.                              |
|                                                                       |
| **Section 2 -** The union will be provided a copy of new or revised   |
| functional statements upon written request.                           |
|                                                                       |
| **Section 3** - Any employee in the unit who feels that he/she is     |
| requested to perform duties outside the scope of the employee\'s      |
| abilities, may request management to review the employee\'s concerns  |
| on the requested duties. \                                            |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 20**                                                        |
|                                                                       |
| **WORKWEEKS, HOURS OF WORK AND FLEXTIME**                             |
|                                                                       |
| **Section 1. -** Preference will normally be granted on work          |
| schedules to the maximum extent possible. Employees may request a     |
| permanent evening or night shift. Management will consider            |
| accommodations for personal hardships.                                |
|                                                                       |
| **Section 2 -** Employees who work a permanent evening or night shift |
| will normally receive mandatory training on their regular shift.      |
|                                                                       |
| **Section 3 -** Alternative work schedules may be established at the  |
| Local level in accordance with applicable law and regulations.        |
|                                                                       |
| **Section 4 -** Provisions of this Article are not intended to negate |
| any compressed workweek/flextime schedules now in effect. When Local  |
| management makes a determination to implement, change or terminate a  |
| compressed workweek/flextime schedule, the Union will be notified.    |
|                                                                       |
| **Section 5 -Religious Observances**                                  |
|                                                                       |
| In accordance with law and regulations, an employee whose personal    |
| religious beliefs require that he/she be absent from work during      |
| his/her scheduled work period may request, subject to the approval of |
| the overtime approving officials, to engage in overtime work for time |
| lost, and be granted (in lieu of overtime pay) compensatory time for  |
| the hours missed for religious observance.                            |
|                                                                       |
| **Section 6 - Rest Break**                                            |
|                                                                       |
| Each employee is authorized one 15 minute rest break within each four |
| hour work period including overtime. Where possible, employees shall  |
| be allowed to take the rest break away from the immediate worksite.   |
| It is agreed that the rest periods may not be continuations of the    |
| lunch period and they may not be granted immediately after the        |
| beginning of the work shift or immediately prior to quitting time,    |
| nor shall they be accumulated.\                                       |
|  \                                                                    |
|  \                                                                    |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **Section 7**                                                         |
|                                                                       |
| A. Employees whose regularly scheduled shift includes a 30 minute     |
| non-paid lunch period may leave their worksites during their lunch    |
| breaks. Where employees are required to work all or part of their     |
| scheduled lunch period, they shall receive overtime or compensatory   |
| time for such time worked.                                            |
|                                                                       |
| B. Employees whose regularly scheduled shift of 8 hours or more does  |
| not include a non-paid meal period will be allowed up to 20 minutes   |
| for a lunch break at the worksite.\                                   |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 21**                                                        |
|                                                                       |
| **OVERTIME**                                                          |
|                                                                       |
| **Section 1 -** In no case will overtime work be used as a reward or  |
| punishment.                                                           |
|                                                                       |
| **Section 2 -** In accordance with applicable regulations, when       |
| overtime work is necessary, an employee will be given as much advance |
| notice as possible. Normally, notice will be provided at least one    |
| (1) week in advance. An employee will not be required to work         |
| overtime without at least one (1) day\'s notice, except in            |
| emergencies. Whenever operationally feasible, volunteers will be      |
| requested for any overtime work.                                      |
|                                                                       |
| **Section 3 -** Records showing the overtime distribution shall be    |
| maintained. The employer will make available to the local union, upon |
| request, available records of overtime assignment of unit employees.  |
|                                                                       |
| **Section 4 - Call Back Overtime Work**                               |
|                                                                       |
| Irregular or occasional overtime work performed by an employee on a   |
| day when work was not regularly scheduled for the employee or for     |
| which the employee has been required to return to the place of        |
| employment shall be considered to be at least two hours in duration   |
| regardless of whether the employee performs work for two hours.       |
|                                                                       |
| **Section 5 - On Call Status**                                        |
|                                                                       |
| A. An employee who is officially scheduled on-call under 38 USC       |
| Section 7453(b) for work outside the employee\'s regular duty hours   |
| shall be available for prompt return to duty to perform service.      |
|                                                                       |
| B. An employee who is called back to work while in an on-call status  |
| will receive a minimum of two hours overtime. On-call will be         |
| suspended during the actual period of overtime duty; when released    |
| from overtime duty the employee shall return to the remaining         |
| scheduled on-call duty, if any. When the period of call-back overtime |
| merges with the employee\'s regular tour of duty two hours minimum    |
| overtime does not apply.                                              |
|                                                                       |
| C. Employees may be temporarily removed from on-call status in        |
| advance of being called in by contacting management for appropriate   |
| arrangements.\                                                        |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 22**                                                        |
|                                                                       |
| **STAFFING ADJUSTMENTS**                                              |
|                                                                       |
| **Section 1**- The Department and NFFE jointly recognize the          |
| desirability of maintaining the stability of employment of employees. |
|                                                                       |
| **Section 2 -** The Employer agrees to notify the Council President   |
| at least 120 days prior to the initiation of any staffing adjustment  |
| or change in duty station involving one NFFE bargaining unit which    |
| may result in the separation or furlough of 20 or more employees, or  |
| more than one NFFE bargaining unit which may result in the separation |
| or furlough of bargaining unit employees. Except in emergent cases    |
| the Local Union will be notified in writing of a proposed staffing    |
| adjustment or change of duty station which may result in separation   |
| or furlough at least 90 days prior to the effective date. At that     |
| time, Management will advise the Local Union of the reasons for the   |
| staffing adjustment, furlough, or change of duty station, the number  |
| and title(s) of the positions which are expected to be affected, and  |
| the measures which management proposes to take to reduce the adverse  |
| impact on employees. The above notices to the Union will be done      |
| before any notification is given to employees. Notice to employees    |
| shall be consistent with MP-5, Part II and the retention principles   |
| in 5 USC 3501 through 3504 and shall include information regarding    |
| the employee\'s rights of appeal.                                     |
|                                                                       |
| **Section 3** - The Union and Management will jointly encourage each  |
| employee to see that his/her personnel file and application are up to |
| date as soon as the staffing adjustment or change of duty station as  |
| listed in Section 2 is announced. Management will add to the          |
| personnel file appropriate changes or amendments requested by the     |
| Employee. The personnel file, the application , and other appropriate |
| documents will be used as needed to match employees with vacancies.   |
|                                                                       |
| **Section 4** - All actions involving staff adjustments shall be      |
| administered in accordance with Department of Veterans Affairs        |
| policies and this agreement.                                          |
|                                                                       |
| **Section 5 -** Employees who will be adversely affected by a         |
| separation or furlough will be considered for available vacancies     |
| throughout the bargaining unit for which they are otherwise           |
| qualified. \                                                          |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 23 **                                                       |
|                                                                       |
| **OUT PLACEMENT**                                                     |
|                                                                       |
| **Section 1** - In the event bargaining unit employees are being      |
| separated as a result of a staffing adjustment or change in duty      |
| station, facility management will establish a program of out          |
| placement assistance consistent with the requirements of MP-5, Part   |
| II and the retention principles in 5 U.S.C. 3501 through 3504. The    |
| primary aim of the program will be to find continuing Federal or      |
| other employment for affected employees.                              |
|                                                                       |
| **Section 2 -** The Personnel Office will review the folders of       |
| employees being separated to identify the specific positions for      |
| which the employees qualify, and determine the interest of employees  |
| in order to develop the best opportunities for continued employment.  |
| The Union may review the above folders in accordance with law and     |
| government-wide regulations.\                                         |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 24**                                                        |
|                                                                       |
| **TRAINING**                                                          |
|                                                                       |
| **Section 1 -** Although it is expected that employees are qualified  |
| to perform the duties of their positions as a prerequisite to         |
| employment, the parties recognize the possible need for additional    |
| training, retraining or continuing education to maintain the          |
| capability of the workforce. Management will remind employees, at     |
| least annually of the availability of training, and the nomination    |
| procedure.                                                            |
|                                                                       |
| **Section 2** - Management is responsible for ensuring that employees |
| receive sufficient training for the purpose of performing the duties  |
| of their positions. Supervisors are responsible for assessing the     |
| training needs of employees in their respective work units, but       |
| employees should bring to the attention of the supervisor any         |
| perceived training needs relating to their work assignments.          |
|                                                                       |
| **Section 3** - Once job-related training needs are determined to     |
| exist, appropriate methods for meeting those needs within available   |
| resources will be the responsibility of Management. Training may be   |
| conducted \"on-the-job\" or through formal training courses.          |
|                                                                       |
| **Section 4 **                                                        |
|                                                                       |
| A. When training is required by the VA for the primary purpose of     |
| improving employee skills, knowledge and abilities needed to perform  |
| capably in his/her current position and the required training is      |
| scheduled during work hours employees may be granted official time to |
| attend.                                                               |
|                                                                       |
| B. When the primary objective of the training is improvement of       |
| general skills, knowledge and abilities or career growth, the         |
| employee may request a work schedule adjustment to accommodate the    |
| education or training program, or duty time may be approved to        |
| attend, as appropriate.                                               |
|                                                                       |
| C. For employees who are required to obtain continuing education in   |
| order to maintain their state board certification, Management will    |
| make a reasonable effort to approve requests for authorized absence   |
| if the course is not offered at any time other than the employee\'s   |
| regularly scheduled duty hours. Management agrees to consider         |
| requests for payment of training expenses of any unit employee who is |
| required by Federal or state regulations to complete certain job      |
| related courses.                                                      |
|                                                                       |
| **Section 5** - Evidence of completed training furnished by the       |
| employee will be recorded in the employee's official personnel        |
| folder.                                                               |
|                                                                       |
| **Section 6 -** The VA agrees to extend consideration on an equitable |
| basis to the reimbursement of expenses incurred by an employee in     |
| attendance at work-related courses on his/her own time. Such          |
| consideration will be subject to the availability of funds and the    |
| priorities of training needs. Partial or full reimbursement, if       |
| approved, will be in accordance with existing policies and            |
| regulations. Subject to the approval of local management, employees   |
| who are enrolled in such courses may use items such as calculators    |
| and typewriters, at mutually agreeable times for such course work,    |
| during their non-duty hours.                                          |
|                                                                       |
| **Section 7** - Notice of training, seminars, workshops, etc., will   |
| be given a reasonable time in advance to allow for scheduling the     |
| employee\'s absence. Information on available training courses and    |
| seminars will be publicized at each facility. Dissemination of this   |
| information may be the subject of local negotiations..                |
|                                                                       |
| **Section 8 -** Reference material related to the performance of the  |
| duties of an employee\'s position will be maintained in a location    |
| reasonably accessible to the employee.                                |
|                                                                       |
| **Section 9 -** The Local Union shall be allowed membership on all    |
| training committees established at the facility level which develop   |
| training plans covering unit employees and/or consider requests for   |
| unit employee training.                                               |
|                                                                       |
| **Section 10** - Consistent with budget and staffing restrictions,    |
| management agrees to make every effort to provide training to any     |
| unit employee whose position is adversely affected by reorganization  |
| or changes in mission, budget or technology, in order to assist in    |
| the placement of the employee in existing or projected vacancies.\    |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 25**                                                        |
|                                                                       |
| **LMR TRAINING**                                                      |
|                                                                       |
| **Section 1**                                                         |
|                                                                       |
| A. In accordance with paragraph B below, official time will be        |
| granted to union officials (if otherwise in a duty status) for the    |
| purpose of attending Union sponsored training and other training      |
| sessions which pertain to labor relations, and are of mutual benefit  |
| to both parties (e.g., contract administration, grievance handling,   |
| and labor relations laws, regulations, and procedures) and where      |
| staffing requirements permit. Requests for official time will include |
| the subject matter, a copy of the agenda and duration of each topic.  |
| The employee\'s request for official time should be submitted as soon |
| as practical, but at no time later than two weeks prior to the        |
| training session.                                                     |
|                                                                       |
| B. Consistent with this section, the following amounts of official    |
| time for union sponsored labor management training will be granted to |
| title 38 union representatives at each facility for each year of the  |
| contract.\                                                            |
|  \                                                                    |
|  \                                                                    |
|  \                                                                    |
|  \                                                                    |
|  \                                                                    |
|  \                                                                    |
|  \                                                                    |
|                                                                       |
|                                                                       |
| Number of Title 38 Bargaining Number of Hours Available for           |
|                                                                       |
| Unit Employees Union Representatives                                  |
|                                                                       |
| > Less that 100 120                                                   |
| >                                                                     |
| > 100-200 160                                                         |
| >                                                                     |
| > 200-300 200                                                         |
| >                                                                     |
| > 300-400 240                                                         |
| >                                                                     |
| > 400-500 280\                                                        |
| >  \                                                                  |
| >                                                                     |
|                                                                       |
| C. Scheduling arrangements for the use of official time for training  |
| will be determined locally, consistent with the needs of the service. |
|                                                                       |
| D. Costs (except for salary otherwise payable) and arrangements for   |
| the training will be the responsibility of the Union.                 |
|                                                                       |
| **Section 2 -** Joint employer/union sponsored training sessions are  |
| often desirable to enhance local relationships. The establishment of  |
| such sessions is a proper subject for local consideration at any time |
| it is mutually agreed to be of benefit.                               |
|                                                                       |
| **Section 3 -** Where joint employer/union labor management relations |
| training is provided by OPM or neutral parties such as FMCS, they     |
| will be attended on official time, and such time will not count       |
| against the above bank for the Local.                                 |
|                                                                       |
| **Section 4 -** The employer and the NFFE encourage the local parties |
| to conduct joint informative sessions relative to the administration  |
| of this Agreement.                                                    |
|                                                                       |
| **ARTICLE 26**                                                        |
|                                                                       |
| **ORIENTATION OF NEW EMPLOYEES**                                      |
|                                                                       |
| **Section 1 -** During initial processing, all unit employees will be |
| informed by the Employer that NFFE is the exclusive representative of |
| employees in the unit. Each new unit employee shall receive a copy of |
| this agreement from the Employer, as well as a copy of any            |
| supplemental agreement between the Department of Veterans Affairs and |
| the NFFE local at the employing facility. The Employer shall also     |
| provide each new unit employee the most current list of the officers  |
| and representatives of the local union.                               |
|                                                                       |
| **Section 2 -** A representative of the local union shall be afforded |
| a period of time, to be mutually agreed upon at the local level but   |
| not less than 10 minutes, to speak to all new unit employees at       |
| scheduled group orientation sessions and to provide such employees    |
| with an introduction to the role of the Union and to distribute       |
| informational leaflets. The union representative may not solicit      |
| membership during this presentation.                                  |
|                                                                       |
| **Section 3 -** The Employer shall furnish the President of the local |
| union, on a monthly basis, the following information regarding all    |
| new employees who are members of the bargaining unit:                 |
|                                                                       |
| A. Full name                                                          |
|                                                                       |
| B. Position title and grade                                           |
|                                                                       |
| C. Organizational assignment                                          |
|                                                                       |
| D. Date of entrance on duty\                                          |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 27**                                                        |
|                                                                       |
| **PROBATIONARY PERIOD EMPLOYEES**                                     |
|                                                                       |
| **Section 1 -** The parties agree that the probationary period is a   |
| highly significant step in determining an individual\'s fitness for   |
| permanent Federal Service.                                            |
|                                                                       |
| **Section 2 -** Within one week of entrance on duty, a probationary   |
| period employee will be informed by management of the duties and      |
| responsibilities of the position, the training which will be made     |
| available, if appropriate, and what will generally be expected of the |
| employee.                                                             |
|                                                                       |
| **Section 3 -** Management will periodically review the employee\'s   |
| performance during the probationary period and shall inform the       |
| employee of any shortcomings, deficiencies in performance, or         |
| instances of misconduct perceived by the supervisor. Although persons |
| selected for employment are presumed to possess the skills and        |
| character traits necessary to perform as a permanent employee, during |
| the initial period of employment supervisors and other appropriate    |
| officials must make a sincere effort to orient new employees.\        |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 28**                                                        |
|                                                                       |
| **SEXUAL HARASSMENT**                                                 |
|                                                                       |
| **Section 1** - Sexual harassment is a form of workplace misconduct   |
| which undermines the integrity of the employment relationship. All    |
| employees must be allowed to work in an environment free from         |
| unsolicited and unwelcomed sexual overtures. Sexual harassment        |
| debilitates morale and interferes in the work productivity of its     |
| victims and co-workers; it requires immediate and sensitive action by |
| those to whom the problem is made known.                              |
|                                                                       |
| **Section 2 -** Sexual harassment is defined as unwelcome sexual      |
| advances, requests for sexual favors, and other verbal or physical    |
| conduct of a sexual nature when:                                      |
|                                                                       |
| A. submission to such conduct is made either explicitly or implicitly |
| a term of condition of an individual\'s employment; or                |
|                                                                       |
| B. submission to or rejection of such conduct by an individual is     |
| used as the basis for employment decisions affecting such individual; |
| or                                                                    |
|                                                                       |
| C. such conduct has the effect of unreasonably interfering with an    |
| individual\'s work performance or creating an intimidating, hostile;  |
| or offensive working environment.                                     |
|                                                                       |
| **Section 3** - Each facility required to submit affirmative action   |
| program plans will include as part of that plan an outline of         |
| reasonable action for the prevention of sexual harassment. A copy of  |
| the plan will be reasonably available and accessible for review by    |
| employees.                                                            |
|                                                                       |
| **Section 4** - An employee may grieve an incident of sexual          |
| harassment or file a complaint of discrimination regardless of        |
| whether the incident results in the loss of an economic or employment |
| benefit.\                                                             |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 29**                                                        |
|                                                                       |
| **ROLE OF THE REGISTERED NURSE**                                      |
|                                                                       |
| **Section 1 -** The remedy for damages arising from RN nursing        |
| practices while furnishing medical care or treatment within the scope |
| of their official duties is the Government\'s responsibility to the   |
| extent permitted by and under the terms and procedures of the Federal |
| Tort Claims Act and of 38 U.S.C. Section 7316.                        |
|                                                                       |
| **Section 2** - Management agrees to attempt to provide registered    |
| nurses and support staff necessary to accomplish the mission of the   |
| agency.                                                               |
|                                                                       |
| **Section 3 -** Both Management and the Union agree that the proper   |
| orientation of employees is conducive to a safe work environment.     |
| Toward this goal, orientation will be based on objective standards    |
| uniformly presented to all new employees.\                            |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 30**                                                        |
|                                                                       |
| **CHILD CARE**                                                        |
|                                                                       |
| **Section 1 -** The parties agree that the issue of child care shall  |
| be the subject of local bargaining and that a good faith effort to    |
| establish child care centers will be made where surveys show that a   |
| need exists and that it is economically feasible.                     |
|                                                                       |
| **Section 2 -** At stations where child care facilities are not       |
| currently available the facility will work with the union to          |
| determine need via a survey every two years and shall determine the   |
| options available. Where economically feasible, the facility may      |
| consider establishing a child care center or may consider making      |
| available child care service with a facility close to the work        |
| station. Fees and costs will be established locally by the child care |
| center provider; however if possible the fees and costs negotiated    |
| with the provider should be based on factors such as number of        |
| children to be cared for, cost of care provider and teachers,         |
| overhead expenses (land, building, supplies, etc.). Hours of          |
| operation will be determined by the operator of the child care center |
| but where possible should be negotiated to be flexible enough to meet |
| as broad a need as economically feasible.                             |
|                                                                       |
| **Section 3 -** Where child care services are available, efforts will |
| be made to develop with the provider an agreement which will allow    |
| for payroll withholding for child care costs of VA employees.\        |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 31**                                                        |
|                                                                       |
| **MISCELLANEOUS PROVISIONS**                                          |
|                                                                       |
| **Section 1 -** The employer agrees to take appropriate action to     |
| assure that facility restrooms used by unit employees are maintained  |
| in a sanitary manner.                                                 |
|                                                                       |
| **Section 2 -** The employer agrees that employees may have personal  |
| items that are in good taste in or on their desk as long as space     |
| required for needed manuals , files, forms and supplies is not        |
| sacrificed. Desks may be subject to inspections for safety,           |
| sanitation and security reasons. The VA is not responsible for the    |
| loss of or damage to personal items.                                  |
|                                                                       |
| **Section 3** - The parties agree that parking is an appropriate      |
| subject for Local supplemental negotiations.                          |
|                                                                       |
| **Section 4** - Each local facility Director will make a reasonable   |
| effort to provide, within available space and resources, suitable     |
| lounge and eating facilities in close proximity to employees\'        |
| worksites. Subject to Canteen Service and security requirements, 24   |
| hour access will be provided to food and drink vending machines, if   |
| available. Employees using these facilities will be responsible for   |
| policing and maintaining proper sanitary conditions. Details on the   |
| use of these facilities will be resolved at the individual facility   |
| level.                                                                |
|                                                                       |
| **Section 5 -** The VA will maintain an Official Personnel Folder on  |
| each employee. An employee may review his/her Official Personnel      |
| Folder upon request. Management may require that a management         |
| official or designee be present when the Official Personnel Folder is |
| being reviewed. A copy of any document in the folder will be provided |
| to the employee upon request if permissible by law and regulation. If |
| any document which is, or may be considered to be derogatory to an    |
| employee (e.g., a memo for record, warning letter, etc.) is placed in |
| an employee\'s personnel folder, the employee will be provided a copy |
| at the time the document is included in the Official Personnel        |
| Folder. In this regard, an employee may make a written rebuttal to    |
| any such document in his/her personnel folder and have it placed in   |
| the folder in accordance with applicable regulation. Copies of        |
| employee grievances shall not be filed in an Official Personnel       |
| Folder. Proposed notices and decisions on major adverse actions will  |
| not be filed in an Official Personnel Folder.                         |
|                                                                       |
| In no case will an employee be denied access to a record which is     |
| personally identifiable to the employee, where the law or other       |
| authority provides for access. However, it is recognized that the     |
| process for review of records may be governed by laws, rules,         |
| regulations and/or policy. Request for review or copies of documents  |
| by the Union in a representational status will be subject to          |
| applicable laws and regulations. All information received by the      |
| Union in this capacity is considered confidential and will be treated |
| accordingly.                                                          |
|                                                                       |
| **Section 6** - The use of volunteers will be in accordance with      |
| applicable law.                                                       |
|                                                                       |
| **Section 7 **                                                        |
|                                                                       |
| A. Employees who are not allowed to wear their uniforms home will be  |
| allowed time during duty hours to change into and out of their        |
| uniforms. The parties acknowledge that employees who are not          |
| permitted to wear their uniforms home need a suitable area to change  |
| clothes and secure personal items. Due to space problems, the         |
| specifics of such arrangements will be an appropriate subject for     |
| Local supplemental contract negotiations.                             |
|                                                                       |
| B. The number of uniforms issued to each employee shall be the        |
| minimum required to assure that a clean uniform is available each     |
| day. Five uniforms per employee are normally adequate. At medical     |
| centers using the bundle system, issues in excess of five per         |
| employee may be justified when frequent laundry service is not        |
| available. Where the even exchange system is used, three uniforms per |
| employee are normally adequate. Issue uniforms will be replaced, when |
| rendered unserviceable, on an item-for-item basis. Uniforms purchased |
| by the VA will not be furnished to employees who receive a uniform    |
| allowance. Employees who are required to wear uniforms which are not  |
| issued by VA will be provided a uniform allowance in accordance with  |
| the MOU between VA and NFFE.\                                         |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **ARTICLE 32**                                                        |
|                                                                       |
| **DURATION**                                                          |
|                                                                       |
| **Section 1 -** This agreement shall become effective on the date of  |
| approval by the Secretary for the Department of Veterans Affairs or   |
| his designee or on the 31^st^ day following the date on which the     |
| Agreement is executed, which ever occurs first.                       |
|                                                                       |
| **Section 2 -** This Agreement shall remain in effect for a period of |
| three (3) years. this Agreement will automatically renew itself for   |
| three (3) year intervals, unless either party serves the other party  |
| with a written notice of its desire to amend or modify the Agreement. |
| Such notice must be given no less than 60 nor more than 105 calendar  |
| days prior to any expiration date. If such notice is given and        |
| negotiations are not completed by the expiration date, this Agreement |
| will be extended until the changes have been negotiated and approved. |
|                                                                       |
| **Section 3**                                                         |
|                                                                       |
| A. For the parties rights to bargain during the term of this          |
| agreement, refer to Article 8 of this part.                           |
|                                                                       |
| B. The parties (VACO or NFFE VA Council) may amend this part only by  |
| mutual consent, or this article.                                      |
|                                                                       |
| C. The parties will meet to negotiate as appropriate on any law that  |
| is enacted that conflicts with or adds to this part.                  |
|                                                                       |
| D. All amendments to this agreement will continue for the life of     |
| this agreement.                                                       |
|                                                                       |
| **Section 4**                                                         |
|                                                                       |
| A. After the consolidated agreement has been in effect for 18 months  |
| each of the parties may propose to reopen up to a total of 5          |
| articles. In order to reopen the agreement the party wishing to       |
| reopen the agreement will serve the other party with a written notice |
| of its desire to amend or modify the agreement.                       |
|                                                                       |
| B. Although the two agreements will be consolidated there will be no  |
| merger of language and each part will continue to apply to only the   |
| employees covered by it.                                              |
|                                                                       |
| **APPENDIX A**                                                        |
|                                                                       |
| **INCLUDED:** All registered staff nurses employed at the Amarillo    |
| Veterans Administration Hospital, Amarillo, Texas.                    |
|                                                                       |
| **EXCLUDED:** Nurses in supervisory positions, head nurses, and       |
| clinical specialists, persons engaged in Federal personnel work in    |
| other than a purely clerical capacity.                                |
|                                                                       |
| **INCLUDED:** All full-time and regular part-time non-supervisory     |
| professional employees employed at the Veterans Administration        |
| Hospital, Castle Point, New York.                                     |
|                                                                       |
| **EXCLUDED:** Employees engaged in Federal personnel work in other    |
| than a purely clerical capacity, management officials, guards and     |
| supervisors as defined in Executive Order and all other employees.    |
|                                                                       |
| **INCLUDED:** All professional employees of Veterans Administration   |
| Hospital and out-patient clinic, East Orange, New Jersey.             |
|                                                                       |
| **EXCLUDED:** Director, managerial officials, supervisors, personnel  |
| officials except those of purely clerical position, guards and        |
| non-professional employees.                                           |
|                                                                       |
| **INCLUDED:** Non-supervisory professional employees of the Fargo VA  |
| Center, Fargo, North Dakota.                                          |
|                                                                       |
| **EXCLUDED:** Management and supervisory personnel (supervisors are   |
| defined as those officially journalized or recorded in personnel      |
| records as supervisors. Leaders are not considered supervisors),      |
| Registered Nurses (Nurse Anesthetists are not excluded), Personnel    |
| employees except those engaged in purely clerical work, Guards,       |
| Trainees, Intermittent part-time employees, and personnel appointed   |
| on temporary basis (90 days or less).                                 |
|                                                                       |
| **INCLUDED:** All professional employees, both permanent and          |
| temporary, employed by the Jackson Veterans Administration Center,    |
| Jackson, Mississippi.                                                 |
|                                                                       |
| **EXCLUDED:** All non-professional employees, management officials,   |
| employees engaged in Federal personnel work in other than a purely    |
| clerical capacity, and guards and supervisors as defined in Executive |
| Order 11491, as amended, and all non-supervisory, wage board          |
| employees and building management division, dietetic service and      |
| canteen service.                                                      |
|                                                                       |
| **INCLUDED:** All non-supervisory professional employees, and         |
| Department of Medicine and Surgery professional employees, employed   |
| at the Veterans Administration Center, Leavenworth, Kansas.           |
|                                                                       |
| E**XCLUDED:** All managerial officials, supervisors, employees        |
| engaged in Federal personnel work in other than a purely clerical     |
| capacity, guards, and non-professional employees.                     |
|                                                                       |
| **INCLUDED:** All non-supervisory professional employees located at   |
| the Veterans Administration Center, Martinsburg, West Virginia.       |
|                                                                       |
| **EXCLUDED:** Managerial officials, supervisors, units of General     |
| Schedule and wage grade employees currently under exclusive           |
| recognition, nurses, employees engaged in Federal personnel work in   |
| other than a purely clerical capacity, guards.                        |
|                                                                       |
| **INCLUDED:** All professional employees of the VA Hospital, New      |
| Orleans, LA.                                                          |
|                                                                       |
| **EXCLUDED:** Doctors in training programs, all non-professional      |
| employees, management officials, supervisors employees engaged in     |
| Federal personnel work in other than a purely clerical capacity.      |
|                                                                       |
| **INCLUDED:** All non-supervisory registered nurses employed by       |
| Nursing Service, Northport VA hospital, including nurse technicians   |
| and instructors, Northport, New York.                                 |
|                                                                       |
| **EXCLUDED:** Supervisors, managerial personnel and guards, personnel |
| employed in Federal personnel work in other than a clerical capacity, |
| Chief Nursing Service; Assistant Chiefs, Nursing Service; Associate   |
| Chief, Nursing Service and Education; unit administrators; head       |
| nurses; acting head nurses; nurse supervisors in out-patient clinics; |
| nurse-anesthetists.                                                   |
|                                                                       |
| **INCLUDED:** All professional employees at the Department of         |
| Veterans Affairs Outpatient Clinic, Riviera Beach, Florida.           |
|                                                                       |
| **EXCLUDED:** All non-professional employees, supervisors, management |
| officials, temporary employees, and employees described in 5 USC 7112 |
| (b) (2), (3), (4), (6) and (7).                                       |
|                                                                       |
| **INCLUDED:** All professional nurses employed at the VA Hospital,    |
| Shreveport, Louisiana.                                                |
|                                                                       |
| **EXCLUDED:** All non-professional employees; management officials;   |
| supervisors; and employees described in 5 USC. 7112 (b) (2), (3),     |
| (4), (6), and (7).                                                    |
|                                                                       |
| **INCLUDED:** Professional employees of the U.S. Veterans             |
| Administration Hospital, Spokane, Washington.                         |
|                                                                       |
| **EXCLUDED:** Non-professional employees, managers, supervisors as    |
| defined in the Order, persons engaged in Federal personnel work in    |
| other than a purely clerical capacity.\                               |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **APPENDIX A**                                                        |
|                                                                       |
| **Title 38 Employees**                                                |
|                                                                       |
| **INCLUDED:** All registered staff nurses employed at the Amarillo    |
| Veterans Administration Hospital, Amarillo, Texas.                    |
|                                                                       |
| **EXCLUDED:** Nurses in supervisory positions, head nurses, and       |
| clinical specialists, persons engaged in Federal personnel work in    |
| other than a purely clerical capacity.                                |
|                                                                       |
| **INCLUDED:** All full-time and regular part-time non-supervisory     |
| professional employees employed at the Veterans Administration        |
| Hospital, Castle Point, New York.                                     |
|                                                                       |
| **EXCLUDED:** Employees engaged in Federal personnel work in other    |
| than a purely clerical capacity, management officials, guards and     |
| supervisors as defined in Executive Order and all other employees.    |
|                                                                       |
| **INCLUDED:** All professional employees of Veterans Administration   |
| Hospital and out-patient clinic, East Orange, New Jersey.             |
|                                                                       |
| **EXCLUDED:** Director, managerial officials, supervisors, personnel  |
| officials except those of purely clerical position, guards and        |
| non-professional employees.                                           |
|                                                                       |
| **INCLUDED:** Non-supervisory professional employees of the Fargo VA  |
| Center, Fargo, North Dakota.                                          |
|                                                                       |
| **EXCLUDED:** Management and supervisory personnel (supervisors are   |
| defined as those officially journalized or recorded in personnel      |
| records as supervisors. Leaders are not considered supervisors),      |
| Registered Nurses (Nurse Anesthetists are not excluded), Personnel    |
| employees except those engaged in purely clerical work, Guards,       |
| Trainees, Intermittent part-time employees, and personnel appointed   |
| on temporary basis (90 days or less).                                 |
|                                                                       |
| **INCLUDED:** All professional employees, both permanent and          |
| temporary, employed by the Jackson Veterans Administration Hospital,  |
| Jackson, Mississippi.                                                 |
|                                                                       |
| **EXCLUDED:** All non-professional employees, management officials,   |
| employees engaged in Federal personnel work in other than a purely    |
| clerical capacity, and guards and supervisors as defined in Executive |
| Order 11491, as amended, and all non-supervisory, wage board          |
| employees and building management division, dietetic service and      |
| canteen service.                                                      |
|                                                                       |
| **INCLUDED:** All non-supervisory professional employees, and         |
| Department of Medicine and Surgery professional employees, employed   |
| at the Veterans Administration Center, Wadsworth, Kansas.\            |
|  \                                                                    |
|                                                                       |
|                                                                       |
| App. I-1                                                              |
|                                                                       |
| E**XCLUDED:** All managerial officials, supervisors, employees        |
| engaged in Federal personnel work in other than a purely clerical     |
| capacity, guards, and non-professional employees.                     |
|                                                                       |
| **INCLUDED:** All non-supervisory professional employees located at   |
| the Veterans Administration Center, Martinsburg, West Virginia.       |
|                                                                       |
| **EXCLUDED:** Managerial officials, supervisors, units of General     |
| Schedule and wage grade employees currently under exclusive           |
| recognition, nurses, employees engaged in Federal personnel work in   |
| other than a purely clerical capacity, guards.                        |
|                                                                       |
| **INCLUDED:** All professional employees of the VA Hospital, New      |
| Orleans, LA.                                                          |
|                                                                       |
| **EXCLUDED:** Doctors in training programs, all non-professional      |
| employees, management officials, supervisors employees engaged in     |
| Federal personnel work in other than a purely clerical capacity.      |
|                                                                       |
| **INCLUDED:** All non-supervisory registered nurses employed by       |
| Nursing Service, Northport VA hospital, including nurse technicians   |
| and instructors, Northport, New York.                                 |
|                                                                       |
| **EXCLUDED:** Supervisors, managerial personnel and guards, personnel |
| employed in Federal personnel work in other than a clerical capacity, |
| Chief Nursing Service; Assistant Chiefs, Nursing Service; Associate   |
| Chief, Nursing Service and Education; unit administrators; head       |
| nurses; acting head nurses; nurse supervisors in out-patient clinics; |
| nurse-anesthetists.                                                   |
|                                                                       |
| **INCLUDED:** All professional nurses employed at the VA Hospital,    |
| Shreveport, Louisiana.                                                |
|                                                                       |
| **EXCLUDED:** All non-professional employees; management officials;   |
| supervisors; and employees described in 5 USC. 7112 (b) (2), (3),     |
| (4), (6), and (7).                                                    |
|                                                                       |
| **INCLUDED:** All professional employees by the Veterans              |
| Administration Medical Center, Shreveport, Louisiana.                 |
|                                                                       |
| **EXCLUDED:** All non-professional employees, management officials,   |
| supervisors, professional employees appointed under intermittent,     |
| part-time, temporary or term appointments; Dental and Physician       |
| Residents; Professional Nurses; Professional employees wose duty      |
| station is at a Community Based Outpatient Clinic or Veterans         |
| Outreach Center, and employees described in 5 USC 7112(b)(2)(3)(4)(6) |
| and (7).                                                              |
|                                                                       |
| **INCLUDED:** Professional employees of the U.S. Veterans             |
| Administration Hospital, Spokane, Washington.\                        |
|  \                                                                    |
|                                                                       |
|                                                                       |
| App. I-2                                                              |
|                                                                       |
| **EXCLUDED:** Non-professional employees, managers, supervisors as    |
| defined in the Order, persons engaged in Federal personnel work in    |
| other than a purely clerical capacity.                                |
|                                                                       |
| **INCLUDED:** All full-time Title 38 professional employees of the    |
| Veterans Administration Medical Center, Decatur, Georgia              |
|                                                                       |
| **EXCLUDED:** All non-professional employees; nurses; residents;      |
| interns; temporary employees; management officials; supervisors and   |
| employees described in 5 U.S.C. 7112(b)(2), (3), (4), (6) and (7).    |
|                                                                       |
| **INCLUDED:** All professional employees of the Department of         |
| Veterans Affairs Medical Center, Miles City, Montana.                 |
|                                                                       |
| **EXCLUDED:** All non-professional employees; management officials;   |
| supervisors; and employees described in 5 U.S.C. 7112 (b)(2), (3),    |
| (4), (6) and (7).\                                                    |
|  \                                                                    |
|                                                                       |
|                                                                       |
| **INCLUDED:** All professional employees located at the Veterans      |
| Administration Medical Center, Walla Walla, Washington.               |
|                                                                       |
| **EXCLUDED:** All nonprofessional employees and employees described   |
| in U.S.C. 7112 (b)(2), (3), (4), (6) and (7).                         |
|                                                                       |
| **INCLUDED:** All full and part-time Title 38 nurses employed by      |
| Department of Veterans Affairs, San Francisco, California.            |
|                                                                       |
| **EXCLUDED:** Intermittent nurses, all employees currently            |
| represented under exclusive recognition, nonprofessional employees,   |
| management officials, supervisors and employees described in 5 U.S.C. |
| 7112 (b)(2), (3), (4), (6) and (7).\                                  |
|  \                                                                    |
|                                                                       |
|                                                                       |
| App. I-3                                                              |
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.\
.

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