Collective Bargaining

Agreements in the Federal

Service, Late 1971___________________

Bulletin 1789 Dayton & Montgomery Co.

U.S. DEPARTMENT OF LABOR Public Library

Bureau of Labor Statistics

JAN 21197 4

DOCUMENT COLLECTION

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Federal Reserve Bank of St. Louis
Collective Bargaining

Agreements in the Federal

Service; Late 1971----------

B ulletin 1789

U.S. DEPARTMENT OF LABOR

Peter J. Brennan, Secretary

BUREAU OF LABOR STATISTICS 

Judin SMsMn, Commissioner

1973

V

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Preface

This bulletin is one of a series of studies by the Bureau of Labor Statistics dealing with 

collective bargaining in Federal Service; and was carried out with funds made available by the 

Labor-Management Services Administration of the Department of Labor.

This study presents a detailed picture of Federal agreements in 1971 which had been negotiated 

under Executive Orders 10988 and 11491, and thus does not take account of bargaining 

developments resulting from Executive Order 11616, issued on August 26, 1971. It updates the 

Bureau’s “Collective Bargaining Agreements in the Federal Service, Late Summer 1964” (BLjS 

Bulletin 1451), and compares the two studies.

This bulletin was prepared in the Division of Industrial Relations by Richard R. Nelson, Donald 

L. Breneman, and James L. Doster, assisted by John H. Chase and Haney R. Pearson, Jr., under the 

supervision of Leon E. Lunden, Project Director.

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Contents

Chapter I. Introduction .............................................................................................................................................. 1

Scope and method of s t u d y ................................................................................................................ 1

Chapter II. Agreement provisions................................................................................................................................. 10

Selected general policy pro v isio n s.......................................................................................................... 10

Antidiscrimination p ro v isio n s................................................................................................................ 13

Hours of work and o v ertim e.................................................................................................................... 15

Daily and weekly hours ........................................................................... 15

O v ertim e..............................................................................................................................................15

Early start ...........................................................................................................................................16

Overtime equalization .......................................................................................................................17

Right to refuse o v e rtim e ................................................................................................................... 17

Weekend w o r k ....................................................................................................................................17

Holiday w o rk ....................................................................................................................................... 18

Notice of schedule changes................................................................................................................ 18

Shift d ifferen tial.................................................................................................................................18

Callback p a y ....................................................................................................................................... 18

Reporting pay ............................................................................................... 18

Pay guarantee for unexpected dismissal ......................................................................................... 19

Rest periods, cleanup time, and clothing and tool allowances ...............................................................19

Rest periods ............................................................................................................................................. 20

Cleanup t i m e ............................................................................................................................................. 20

Clothing allowances ................ 21

Tool allowances ...................................................................................................................................... 21

Subcontracting ........................................................................................................................................21

Work by supervisors.................................................................................................................................23

Craft jurisdiction ...................................................................................•............................................ 23

Health and safety .................................................................................................................................... 23

Safety policies .................................................................................................................................... 24

Safety c o m m itte e s............................................................................................................................. 25

Unsafe conditions ..............................................................................................................................26

Accident r e p o r t s .................................................................................................................................27

Disabled em ployees..............................................................................................................................27

Medical facilities and services.............................................................................................................27

Alcoholism, drug abuse, and mental health ......................................................................................... 28

Differentials for hazardous duty and abnormal working co n d itio n s..................................................30

Leave p o lic ie s ................................................................................................... 30

Annual leave .......................................................................................................................................31

Sick le a v e ..............................................................................................................................................32

Civic responsibilities ............................................................................................................................. 34

Jury d u t y ..............................................................................................................................................34

Voting ................................................................................................................................................. 35

Charity d rives....................................................................................................................................... 36

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Contents— Conti nued

Personnel actions ................................................................................................................................. 36

P rom otions....................................................................................................................................... 36

D e m o tio n s....................................................................................................................................... 40

Reduction-in-force.......................................................................................................................... 40

Job descriptions and ratings ......................................................................................................... 43

Disciplinary a c ti o n ......................................................................................................................... 44

Training provisions.......................................................................................................................... 48

Wage surveys.......................................................................................................................................... 50

Employee organization activities ...................................................................................................... 52

Employee organization affairs and m e e tin g s............................................................................... 53

P u b lic ity .......................................................................................................................................... 53

Stewards and representatives......................................................................................................... 55

Visitation rights ............................................................................................................................. 57

Dues w ithholding............................................................................................................................. 58

Leave for union b u sin e ss................................................................................................................... 60

Labor-management activities ............................................................................................................. 61

Cooperation co m m ittees................................................................................................................ 62

Incentive award committees ......................................................................................................... 63

Negotiation committees .................................................... 64

Impasse procedures.......................................................................................................................... 64

Resolution of negotiable issu e s...................................................................................................... 69

Continuation of expired agreem ents............................................................................................ 70

Grievances and a rb itra tio n ............................................................................................................. 71

Grievance arb itratio n ...................................................................................................................... 74

Tables:

1. Federal collective bargaining agreements by agency, late 1 9 7 1 ...................................................................... 2

2. Federal collective bargaining agreements by employee organization,

late 1971 . .’ .............................................................................................................................................. 2

3. Federal collective bargaining agreements by agency and organizational

affiliation, late 1971 ................................................................................................................................. 3

4. Federal collective bargaining agreements by agency and size of

bargaining unit, late 1 9 7 1 ............................................................................................................................. 4

5. Federal collective bargaining agreements by size of bargaining

unit and occupational group, late 1 9 7 1 ...................................................................................................... 6

6 . Federal collective bargaining agreements by agency and occupational

group, late 1971 

7a. Federal collective bargaining agreements by region and State,

late 1971 ........................................................................................................................................................ 8

7b. Agreements and worker coverage of Federal collective bargaining 

agreements, by State and Federal administrative region, late

1971 

8 . Selected general policy provisions in Federal collective bargaining

agreements, by agency, late 1 9 7 1 ............................................................................................................... 12

9. Equal employment opportunity provisions in Federal collective

bargaining agreements, by agency, late 1971 ......................................................................................... 14

10. Hours, overtime, weekend, holiday, and shift premiums in Federal

collective bargaining agreements, by occupational group, late 

1971 ........................................................................................................................................................... 16

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Contents—Continued

11. Reporting pay, callback pay, and pay for unexpected dismissal

in Federal collective bargaining agreements, by agency, late

1971 ........................................................................................................................................................... 19

12. Rest periods, cleanup, clothing and tool allowances in Federal

collective bargaining agreements, by occupational group, late

1971 20

13. Restrictions on subcontracting, work by supervisors, and

reference to jurisdictional issues in Federal collective

bargaining agreements, by agency, late 1 9 7 1 ....................,................................................................... 22

14. Selected safety and health provisions in Federal collective bargaining

agreements, by occupational group, late 1971 ...................................................................................... 24

15. Pay differentials for hazardous work and abnormal working conditions

in Federal collective bargaining agreements, by occupational

group, late 1971 30

16. Sick and annual leave provisions in Federal collective bargaining

agreements, by agency, late 1 9 7 1 ............................................................................................................. 31

17. Civic responsibility provisions in Federal collective bargaining

agreements, by agency, late 1 9 7 1 ............................................................................................................. 34

18. Promotion and demotion policies in Federal collective bargaining

agreements, by occupational group, late 1971 ...................................................................................... 37

19. Reduction-in-force provisions in Federal collective bargaining

agreements, by agency, late 1 9 7 1 ............................................................................................................. 41

20. Disciplinary provisions in Federal collective bargaining agreements,

by agency, late 1971 45

21. Training provisions in Federal collective bargaining agreements,

late 1971 ..................................................................................................................................................... 48

22. Wage survey provisions in Federal collective bargaining agreements,

by agency, late 1971 51

23. Provisions governing union activities in Federal collective bargaining

agreements, by agency, late 1 9 7 1 ............................................................................................................. 54

24. Leave of absence for union business in Federal collective bargaining

agreements, by agency, late 1 9 7 1 ............................................................................................................. 60

25. Cooperation and incentive awards’ committees in Federal collective

bargaining agreements, by agency, late 1 9 7 1 ......................................................................................... 62

26. Negotiating committees and negotiating time arrangements in

Federal collective bargaining agreements, by agency, late 1 9 7 1 ............................................................ 65

27. Negotiation impasse procedures in Federal collective bargaining

agreements, by agency, late 1 9 7 1 ............................................................................................................. 66

28. Negotiability issues and contract continuity provisions in Federal

collective bargaining agreements, by agency, late 1 9 7 1 ......................................................................... 70

29. Grievance procedures in Federal collective bargaining agreements,

by agency, late 1971 ................................................................................................................................. 71

30. Arbitration provisions in Federal collective bargaining agreements,

by agency, late 1971 ................................................................................................................................. 75

31. Grievance procedures negotiated in 1964,1967, and 1 9 7 1 ............................................................................ 76

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Contents—Continued

Page

Appendixes:

A. Identification of clauses .............................................................................................................................................80

B. Selected contract provisions ...................................................................................................................................... 91

P rom otions..................................................................................... 91

Reduction-in-force.............................................................................................................................................93

Grievance and arbitration 

Impasse procedures . . .

Safety ...........................

Subcontracting..............

Wage survey .................

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Chapter 1. Introduction

Since Executive Order 10988 was issued on January 

17, 1962, union organization and collective bargaining 

among Federal employees have undergone dramatic 

growth. In 1972, the U.S. Civil Service Commission, 

which over the years has charted the steady expansion in 

these areas, reported that there were then 3,392 exclusive bargaining units covering 1,082,587 non-postal 

employees; that organization had spread from bluecollar, Wage Board employees, where trade unionism 

held a traditional strength, to general schedule, Classification Act employees, largely white-collar occupations; 

that six employee organizations, especially the American 

Federation of Government Employees, (AFGE, AFLCIO), tended to dominate nonpostal representation;1 

and that there were 1,694 collective bargaining agreements covering 753,247 Federal employees. Since 

1962, the rules for union activities and collective 

bargaining have been modified twice, first in October 

1969, by Executive Order 11491, and then in November 

1971, by Executive Order 11616. Each tended to change 

rules from experience gained under earlier Executive 

Orders. As collective bargaining grew, the Bureau of 

Labor Statistics, in the interest of fostering peaceful 

bargaining under the Executive Orders, began to develop 

facts that the parties could use in their negotiations. 

First, it issued a bulletin in 1964 based upon a broad 

survey of the few agreements that had been negotiated 

under Executive Order 10988;2 and later, it published a 

study of negotiations and dispute settlement procedures.3 The present study carries forward the Bureau’s 

Federal agreements program by updating the 1964 

survey to 1971.

Appendix A identifies clauses used as illustrations; 

appendix B reproduces a variety of agreement provisions 

in their entirety.

Scope and method of study

From the universe of 1,643 Federal collective bargaining agreements in 1971, the Bureau drew a sample 

consisting of all agreements covering 500 employees or 

more, plus 1 in every 4 agreements having fewer than 

500 employees, arrayed by size within agency. Represented in the study by at least one agreement were all 

Federal agencies having agreements in 1971, except the

U.S. Postal Service, which was excluded because of its 

quasi-independent status. Industrial relations activities in 

this agency are now governed by the Labor Management 

Relations (Taft-Hartley) Act of 1947. In 16 instances, 

substitutions were made with due regard to agency and 

size because agreements selected for the sample were not 

available when the study was undertaken.

The selection was based upon a Civil Service Commission report of recognition and agreements in effect as 

of November 1971, under Executive Orders 10988 and 

11491. No agreements were used which had an effective 

date after November 1971, the date on which Executive 

Order 11616 became operative.

In total, the study included 671 agreements, or 

two-fifths of the 1,643 agreements in effect in 

November 1971; these covered 532,745 Federal 

employees, or three-fourths of the 707,067 nonpostal 

employees estimated by the Civil Service Commission to 

be covered by agreements. (See table 1.) Twenty-six 

Federal agencies were involved; combined, the Departments of Army, Navy, and Air Force and the Veterans 

Administration accounted for seven-tenths of the agreements studied and for more than three-fourths of 

employees covered.

The 671 agreements studied had been negotiated by 

over 30 different employee organizations. More than 

seven-tenths of the agreements involved AFLrCIO 

affiliated unions and covered four-fifths of the 

employees in the study. (See table 2.) The remainder 

involved independent organizations.

Virtually all of the unaffiliated unions confined their 

jurisdictions to the Federal Government in contrast to 

unions affiliated with the AFL-CIO, which in most cases, 

also represented members in private industry. One 

AFL-CIO union, the AFGE, made up entirely of Federal 

employees, negotiated over one-half the agreements 

studied, covering more than three-fifths of the 

employees. Two independent unions, the National 

Federation Federal Employees (NFFE) and the National 

Association of Government Employees (NAGE), 

negotiated significant clusters of agreements and represented substantial numbers of workers in the study. 

Most agreem ents negotiated by affiliated and 

independent unions were with the Defense Department, 

especially the Army, Navy, and Air Force. (See table 3.)

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Federal Reserve Bank of St. Louis
Table 1. Federal collective bargaining agreements

by agency, late 1971

Agency

All agreements

Agreements Workers

Total 671 532,745

Agriculture 7 6,208

Air Force 75 96,976

Army 144 125,111

Civil Service Commission 1 100

Commerce 7 2,632

Defense

Federal Communications

23 21,891

Commission 1 6

General Service Commission 34 9,313

Health, Education, and Welfare 28 17,375

Housing and Urban Development 2 80

Information Agency 2 2,215

Interior 24 4,249

Justice 5 9,623

Labor 2 9,411

National Aeronautics and Space

Administration 6 7,325

Navy 140 124,856

National Labor Relations Board 2 654

Office of Economic Opportunity 1 803

Railroad Retirement Board 1 1,405

Selective Service System 1 285

Small Business Administration 2 589

Smithsonian and Gallery of A rt 2 186

Soldiers' Home 1 186

Transportation 17 2,248

Treasury 32 21,935

Veterans Administration 111 67,083

More than one-half of the agreements studied 

involved bargaining units of fewer than 500 employees. 

These agreements covered less than one-tenth of the 

employees. (See table 4.) Bargaining units of 1,000 to 

4,999 Federal employees were most frequently found in 

the Defense Department, which accounted for 95 of the 

127 units in this size group.

Mixed bargaining units of Wage Board and nonprofessional Classification Act employees were especially 

prevalent in the study. (See table 5). These were mainly 

concentrated in large bargaining units of 500 to 5,000 in 

the Departments of Army, Navy, and Air Force and the 

Veterans Administration. (See table 6.)

The agreements studied were dispersed widely across 

the country. (See tables 7a and 7b.) The largest 

concentration was found in the South Atlantic States, 

which accounted for over one-fourth of the agreements 

and employees covered in the study. The District of 

Columbia and nearby areas of Maryland and Virginia

contain many government agencies, and are responsible 

for the prominence of the South Atlantic region.

Table 2. Federal collective bargaining agreements 

by employee organization, late 1971

Employee organization

All agreements

Agreements Workers

Total 671 532,745

AFL-CIO 474 429,759

Two or more AFL-CIO unions 25 44,607

Directly affiliated unions 1 9

Carpenters 1 320

Chemical Workers 2 84

Electrical Workers 11 2,145

Fire Fighters 10 259

Glass Workers 1 1,312

Government Employees (AFGE) 343 334,226

Hotel and Restaurant Employees 1 1,102

Iron Workers 1 527

Laborers 8 2,241

Lithographers and

Photoengravers 2 198

Machinists 29 26,560

Marine Engineers 1 53

Maritime Union 10 3,647

Operating Engineers 2 350

Plumbers 1 30

Post Office and G SA Maintenance

Employees 4 132

Printing Pressmen 1 65

Seafarers 2 259

Service Employees 10 7,100

Technical Engineers 8 4,533

Independent organization 197 102,986

Two or more independent

organizations 2 1,601

Aeronautical Examiners 1 99

Federal Employees Association 1 423

Federal Employees (NFFE) 84 32,922

Government Employees (NAGE) 62 40,445

Government Inspectors 1 205

Internal Revenue Employees 16 12,286

National Customs Service

Association 5 3,378

National Labor Relations

Board Union 2 654

Nurses 13 1,867

Overseas Education Association

(NEA) 2 6,598

Patent Office Professional

Association 1 1,194

Planners, Estimators and

Progressmen 1 7

Postal and Federal Employees 1 660

Quarantine Inspectors 1 507

Technical Skills Association 1 67

Miscellaneous independent

organizations 3 73

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Table 3. Federal collective bargaining agreements by agency and organizational affiliation, late 1971

Agency All agreements

Organizational affiliation

AFL-CIO

Independent

organizations

Agreements Workers Agreements Workers Agreements Workers

T o t a l ............................................................. 671 532,745 474 429,759 197 102,986

Agriculture .................................................................... 7 6,208 2 5,533 5 675

Air F o r c e ........................................................................ 75 96,976 52 84,899 23 12,077

A r m y .............................................................................. 144 125,111 109 92,509 35 32,602

Civil Service Commission ............................................ 1 100 1 100 - -

C om m erce....................................................................... 7 2,632 4 308 3 2,324

D e fe n s e ........................................................................... 23 21,891 14 18,697 9 3,194

Federal Communications Commission .................... 1 6 - - 1 6

General Services Administration ............................... 34 9,313 23 6,384 11 2,929

Health, Education, and W e lfa re .................................. 28 17,375 25 16,741 3 634

Housing and Urban D evelo pm en t............................... 2 80 1 25 1 55

Information A g e n c y ...................................................... 2 2,215 1 2,093 1 122

I n t e r io r ........................................................................... 24 4,249 9 1,811 15 2,438

Ju stic e .............................................................................. 5 9,623 5 9,623 - -

Labor .............................................................................. 2 9,411 2 9,411 - -

National Aeronautics and Space Administration . . . 6 7,325 6 7,325 - -

Navy .............................................................................. 140 124,856 112 109,697 . 28 15,159

National Labor Relations B o a rd .................................. 2 654 - - 2 654

Office of Economic O p p o rtu n ity ............................... 1 803 1 803 - -

Railroad Retirement B o a r d ......................................... 1 1,405 1 1,405 - -

Selective Service System ............................................ 1 285 - - 1 285

Small Business Administration .................................. 2 589 2 589 - -

Smithsonian and Gallery of A r t .................................. 2 186 2 186 - -

Soldiers' Home ............................................................. 1 186 1 186 - -

Transportation ............................................................. 17 2,248 11 1,612 6 636

T re a su ry ........................................................................... 32 21,935 9 5,503 23 16,432

Veterans Administration ............................................ 111 67,083 81 54,319 30 12,764

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Table 4. Federal collective bargaining agreements by agency and size of bargaining unit, late 1971

All agreements

Size of Bargaining Unit

Agency

1-49 50-9 9 100-299 300-499

Agreements Workers

Agreements WorkersAgreements WorkersAgreements Workers

Agreements Workers

Total 671 532,745 114 3,083 70 4,936 108 20,195 50 19,638

A g ricultu re......................... 7 6,208 4 108 1 93 — _ _ _

Air Force ............................ 75 96,976 6 164 6 432 9 1,740 9 3,530

Army .................................. 144 125,111 19 526 19 1,336 19 3,649 7 2,782

Civil Service Commission . 1 100 — — — — 1 100 — —

Com m erce........................... 7 2,632 2 51 1 53 2 434 — —

Defense ................................ 23 21,891 1 11 — — 7 1,475 2 690

Federal Communications

Com m ission.................. 1 6 1 6

_ _

General Services

Adm inistration.............. 34 9,313 20 557 3 206 3 389 3 1,102

Health, Education,and

W elfare............................ 28 17,375 10 278 7 495 6 1,096 1 429

Housing and Urban

D evelopm ent................ 2 80 1 25 1 55 _ _ _ _

Information A g e n c y ......... 2 2,215 — — — — 1 122 — —

Interior................................ 24 4,249 9 261 8 634 5 1,024 — —

Justice.................................. 5 9,623 1 46 1 51 — — — —

Labor .................................. 2 9,411 — — — — — — — —

National Aeronautics and

Space Administration . . 6 7,325 _ 2 382

N a v y ..................................... 140 124,856 23 621 12 819 22 4,023 10 3,899

National Labor Relations

B o a rd .............................. 2 654 1 180 1 474

Office of Economic

Opportunity.................. 1 803 _

Railroad Retirement

B o a rd .............................. 1 1,405 _ _ _ _ _

Selective Service

System ............................ 1 285 _ 1 285 _

Small Business

Adm inistration.............. 2 589 1 20 _

Smithsonian and Gallery

of A r t .............................. 2 186 1 23 1 163

Soldiers' H o m e .................. 1 186 — — — — 1 186 — —

Transportation .................. 17 2,248 9 200 3 172 3 506 — —

Treasury .............................. 32 21,935 1 42 3 244 6 1,042 4 1,488

Veterans Administration . . 111 67,083 5 144 5 346 18 3,399 13 5,244

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Size of Bargaining Unit — Cont.

500-749 750-999 1,000—4,999 Over 5,000

Agency

Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

105 63,863 85 73,782 127 240,393 12 106,855 Total.

1 507 _ 1 5,500 Agriculture.

16 9,433 12 10,419 14 24,815 3 46,443 Air Force.

18 11,164 16 13,756 45 86,156 1 5,742 Arm y.

— — — — — — — — Civil Service Commission.

— — 1 900 1 1,194 — — Commerce.

3 1,900 2 1,625 8 16,190 — — Defense.

Federal Communications

— — — — — — — — Commission.

General Services

— — 3 2,572 2 4,487 — — Administration.

Health, Education, and

1 727 2 1,784 — — 1 12,566 Welfare.

Housing and Urban

— — — — — — — — Development.

— — — — 1 2,093 — — Information Agency.

— — 1 950 1 1,380 — — Interior.

— — — — 3 9,526 — — Justice.

— — — — 1 4,257 1 5,154 Labor.

National Aeronautics and

— — — — 4 6,943 — — Space Administration.

28 17,052 12 10,664 26 56,328 5 31,450 Navy.

National Labor Relations

— — — — — — — — Board.

Office of Economic

— — 1 803 — — — — Opportunity.

Railroad Retirement

— — — — 1 1,405 — — Board.

Selective Service

— — — — — — — — System.

Small Business

1 569 — — — — — — Administration.

Smithsonian and Gallery

— — — — — — — — of Art.

— — — — — — — — Soldiers' Home.

1 520 1 850 - — — — Transporation

7 4,237 5 4,060 6 10,822 — — Treasury.

29 17,754 29 25,399 12 14,797 - — Veterans Administration.

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Table 5. Federal collective bargaining agreements by size of bargaining unit and occupational group, late 1971

Occupational group

All

agreements

Classification Act

Size of

bargaining unit Professional Non professional

Professional

nonprofessional

Agreements Workers

Agreements Workers Agreements

Workers

Agreements Workers

T o t a l.................. 671 532,745 29 12,806 116 61,257 17 11,756

1 -4 9 ......................... 114 3,083 7 178 41 1,063 1 21

50-99 ....................... 70 4,936 5 358 20 1,325 1 53

100-149 .................. 32 3,918 5 601 5 621 1 138

150-199 .................. 29 4,946 - - 4 686 — —

200-299 .................. 47 11,331 4 1,089 4 995 2 446

300-399 .................. 28 9,813 1 345 2 771 - -

400-499 .................. 22 9,825 1 432 1 474 2 847

500-749 .................. 106 63,863 2 1,207 16 9,479 1 530

750-999 .................. 85 73,782 1 804 7 6,323 6 4,905

1,000-4,999 ............ 127 240,393 3 7,792 14 21,454 3 4,816

5,000-9,999 ............ 8 47,846 - - 1 5,500 - —

10,000-14,999 ___ 3 38,749 - - 1 12,566 - —

Over 15,000 ............ 1 20,260 - - - - - -

Wage Board Wage Board and

non professional

Wage Board,

professional, and

nonprofessional

Agreements Workers

Agreements Workers

Agreements Workers

Total ....................... 151 126,344 305 273,295 53 47,287

1-49................................ 32 709 31 1,023 2 89

50-99.............................. 16 1,111 23 1,647 5 442

100-149......................... 7 881 10 1,205 4 472

150-199......................... 8 1,365 14 2,397 3 498

200-299......................... 9 2,015 21 4,916 7 1,870

300-399......................... 10 3,446 13 4,538 2 713

400-499......... .... 4 1,788 12 5,371 2 913

500-749......................... 12 7,484 62 37,608 12 7,555

750-999......................... 18 15,536 49 42,617 4 3,597

1,000-4,999.................. 30 56,009 66 124,338 11 25,984

5,000-9,999.................. 4 24,239 2 12,953 1 5,154

10,000-14,999.............. 1 11,761 1 14,422 — —

Over 15,000 ................ - - 1 20,260 - -

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Table 6. Federal collective bargaining agreements by agency and occupational group, late 1971

Occupational group

All Classification Act

agreements

Professional Nonprofessional Professional

nonprofessional

Agency

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o ta l................................................................... 671 532,745 29 12,806 116 61,257 17 11,756

A griculture.............................................................. 7 6,208 1 507 2 5,519 __

A ir F orce................................................................ 75 96,976 2 2,261 10 1,627 1 801

A rm y ....................................................................... 144 125,111 2 4,389 21 10,546 1 1,688

Civil Service Commission....................................... 1 100 — — — — — —

Commerce .............................................................. 7 2,632 1 1,194 — — 1 230

Defense .................................................................. 23 21,891 2 242 3 2,929 — —

Federal Communications Commission................... 1 6 — — — — — —

General Services Adm inistration............................. 34 9,313 — — 4 2,452 — —

Health, Education, and Welfare ............................. 28 17,375 — — 16 14,902 — —

Housing and Urban Development........................... 2 80 — — 2 80 — —

Information Agency................................................ 2 2,215 — — — — — —

Interio r..................................................................... 24 4,249 1 15 4 1,402 1 21

Justice ..................................................................... 5 9,623 1 51 — — — —

Labor ....................................................................... 2 9,411 — — — — — —

National Aeronautics and Space Administration .. 6 7,325 — — — — — —

Navy......................................................................... 140 124,856 2 462 22 5,602 5 3,594

National Labor Relations Board........................... .. 2 654 — — 1 474 — —

Office of Economic O pportunity........................... 1 803 - - — - - -

Railroad Retirement Board ................................... 1 1,405 — — — — — —

Selective Service System.......................................... 1 285 — — — — — —

Small Business A dm inistration............................... 2 589 — — 1 569 — —

Smithsonian and Gallery of A r t ............................. 2 186 — — 1 23 — —

Soldiers' Hom e........................................................ 1 186 — — 1 186 — —

Transportation........................................................ 17 2,248 — — 7 743 — —

Treasury................................................................... 32 21,935 5 2,065 10 8,530 7 4,998

Veterans Administration ........................................ 111 67,083 12 1,620 11 5,673 1 424

Wage Board Wage Board and 

nonprofessional

Wage Board, 

professional, and 

nonprofessional

Agreements Workers Agreements Workers Agreements Workers

Total ..................................................................... 151 126,344 305 273,295 53 47,287

Agriculture ................................................................. 2 56 1 33 1 93

A ir Force..................................................................... 16 24,418 40 63,226 6 4*643

A rm y........................................................................... 31 24,698 84 76,643 5 8,147

Civil Service Commission............................................ — — 1 100 _ _

Commerce................................................................... 2 63 3 1,145 — —

Defense....................................................................... 2 1,962 13 14,082 3 2,676

Federal Communications Commission....................... — — 1 6 _ _

General Services A dm inistration............................... 13 5,510 17 1,351 — —

Health, Education, and W elfare................................. 4 257 6 1,956 2 260

Housing and Urban Developm ent............................. — — — — — —

Information Agency .................................................. 1 122 — — 1 2,093

In te rio r....................................................................... 12 2,370 3 173 3 268

Justice......................................................................... — — 3 5,214 1 4,358

Labor ......................................................................... — — — — 2 9,411

National Aeronautics and Space A dm inistration___ 2 1,516 4 5,809 — —

N a vy........................................................................... 52 59,833 43 47,243 16 8,122

National Labor Relations Board ............................... — — 1 180 — —

Office of Economic Opportunity ............................. — — 1 803 — —

Railroad Retirement B oard........................................ — — — — 1 1,405

Selective Service System ............................................ — — — — 1 285

Small Business Administration ................................. 1 20 — — — —

Smithsonian and Gallery of A rt................................. — — 1 163 — —

Soldiers' Home .......................................................... — — — — — —

Transportation .......................................................... 5 1,217 4 75 1 213

Treasury ..................................................................... 3 2,010 6 4,036 1 296

Veterans A dm inistration............................................ 5 2,292 73 52,057 9 5,017

7

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Federal Reserve Bank of St. Louis
Table 7a. Federal collective bargaining agreements by region and State, late 1971

Region and State

A ll agreements A ll agreements

Agreements Workers Region and State Agreements Workers

T o ta l............................................ 671 532,745 M aryland.......................................... 28 26,230

N nrth H arnlina 8 9,569

South C arolina................................. 15 6/716

Virginia ............................................ 42 32,757

New England.......................................... 45 28,209 West V irg in ia .................................... 8 1,973

C onnecticut...................................... 4 1,656

M aine................................................. 3 530 East South Central ............................... 45 37,823

Massachusetts.................................... 27 16,914 Alabam a............................................ 16 19,063

New H am pshire............................... 4 6,411 K entucky.......................................... 10 8,915

Rhode Is la n d .................................... 7 2,698 Mississippi ........................................ 4 2,252

Tennessee.......................................... 15 7,593

Middle A tla n tic ...................................... 85 62,297

New Jersey........................................ 14 11,987 West South C e n tra l............................... 57 61,958

New York ........................................ 39 22,869 Arkansas .......................................... 2 1,638

Pennsylvania .................................... 32 27,441 Louisiana.......................................... 7 2,021

Oklahoma ........................................ 7 24,609

East North Central ............................... 53 47,769 T exas................................................. 41 33,690

Illin o is ............................................... 21 16,757

Indiana............................................... 7 12,848 Mountain ............................................... 50 36,569

Michigan .......................................... 6 4,118 Arizona ............................................ 13 3,739

O h io ....................................I ............ 13 12,104 Colorado .......................................... 12 7,541

W isconsin.......................................... 6 1,942 Idaho ................................................. 1 32

M ontana............................................ 3 120

West North C e n tra l............................... 31 14,552 New M exico...................................... 7 2,303

Iow a................................................... 4 1,305 Nevada............................................... 2 871

Kansas............................................... 5 3,298 U ta h ................................................... 9 21,772

Minnesota ........................................ 5 2,282 W yom ing.......................................... 3 191

M isso uri............................................ 7 6,047

N ebraska.......................................... 2 109 P a cific..................................................... 107 78,750

North D akota.................................... 1 377 Alaska ............................................... 10 5,825

South D akota.................................... 7 1,134 C a lifo rn ia.......................................... 63 51,153

H a w a ii............................................... 11 4,540

South A tlantic ...................................... 188 155,480 O regon............................................... 8 3,864

Delaware .......................................... 3 831 Washington ...................................... 15 13,368

D istrict o f Columbia ...................... 41 41,170

F lo rid a ............................................... 23 18,941 F oreign................................................... 10 9,338 ^

Georgia ............................................ 20 17,293

8

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Federal Reserve Bank of St. Louis
Table 7b. Agreements and worker coverage of Federal collective bargaining agreements, by State and Federal administrative 

region, late 1971

State and Federal

administrative region

All agreements

State and Federal

administrative region

All agreements

Agreements Workers Agreements Workers

T o ta l............................................. 671 532,745 Region V I ................................................ 64 64,261

Arkansas ........................................... 2 1,638

Region I .................................................. 45 28,209 Louisiana........................................... 7 2,021

M aine.................................................. 3 530 Oklahoma........................................... 7 24,609

New H am pshire................................ 4 6,411 T e x a s .................................................. 41 33,690

Massachusetts.................................... 27 16,914 New M e x ico ....................................... 7 2,303

Rhode Island.................................... 7 2,698

C onnecticut....................................... 4 1,656 Region VII ............................................. 18 10,759

Iowa.................................................... 4 1,305

Region II.................................................. 53 34,856 M issou ri............................................. 7 6,047

New York ......................................... 39 22,869 Nebraska ........................................... 2 109

New Jersey......................................... 14 11,987 K an sas............................................... 5 3,298

Region I I I ................................................ 154 130,402 Region V I II ............................................. 35 31,135

Pennsylvania .................................... 32 27,441 North D akota.................................... 1 377

Delaware ........................................... 3 831 South Dakota.................................... 7 1,134

M a ryla n d........................................... 28 26,230 Montana............................................. 3 120

District of Columbia ....................... 41 41,170 W yo m in g........................................... 3 191

Virginia ............................................. 42 32,757 Colorado ........................................... 12 7,541

West V irg in ia .................................... 8 1,973 U ta h .................................................... 9 21,772

Region I V ................................................ 111 90,342 Region I X ............................................... 89 60,303

North C arolina.................................. 8 9,569 Arizona ............................................. 13 3,739

South C arolina.................................. 15 6,716 Nevada................................................ 2 871

Georgia ............................................. 20 17,293 C alifornia........................................... 63 51,153

F lo rid a ................................................ 23 18,941 H a w a ii................................................ 11 4,540

Kentucky ........................................... 10 8,915

Tennessee........................................... 15 7,593 Region X .................................................. 34 23,089

Alabam a............................................. 16 19,063 Idaho .................................................. 1 32

Mississippi ......................................... 4 2,252 Washington ....................................... 15 13,368

O regon................................................ 8 3,864

Region V .................................................. 58 50,051 Alaska ................................................ 10 5,825

O h io .................................................... 13 12,104

Indiana................................................ 7 12,848 F o reig n .................................................... 10 9,338

Illin o is................................................ 21 16,757

Michigan ........................................... 6 4,118

W isconsin........................................... 6 1,942

Minnesota ......................................... 5 2,282

9

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Federal Reserve Bank of St. Louis
Chapter 2. Agreem ent Provisions

Selected general policy provisions

In many respects, the Federal agreements studied 

were structured similarly. That is, they tended to cover 

the same subject matter in virtually the same way. 

General purposes and policies of the agreement often 

repeated existing agency rules or Executive Orders. Most 

contracts contained a preamble setting forth the 

purposes of the agreement in relatively standard 

language which could be traced back to Executive 

Orders 10988 or 11491:

(1) PURPOSE: This agreement defines certain roles 

and responsibilities of the parties hereto; states 

policies, procedures and methods that govern working 

relationships between the parties; and identities 

subject matter of proper mutual concern to the 

parties. They have entered into the agreement 

primarily for the following reasons:

(a) To advance employee participation in the 

formulation and implementation of personnel 

policies and practices affecting the conditions 

of their employment.

(b) To facilitate the adjustment of grievances, 

complaints, disputes and impasses.

(c) To foster labor-management relations.

(d) To promote the highest degree of efficiency 

and responsibility in the accomplishment of the 

objectives of the HUD, Federal Housing 

Administration and NFFE 1616.

Over 92 percent of the agreements, in similar terms, 

subordinated the contract to the Executive Order, the 

Federal Personnel Manual, or agency regulations. (See 

table 8.) If the agreement had been negotiated by one 

unit of a large agency and another contract had been 

reached at a higher administrative level having 

overlapping jurisdiction, then the master agreement 

governed the subordinate: 2

(2) This contract is subject to the provisions of any 

existing or future laws and the regulations of 

appropriate authorities including policies set forth in 

the Federal Personnel Manual; by published agency 

policies and regulations in existence at the time this 

contract is approved; and by subsequently published 

agency policies and regulations required by law or by

the regulations of appropriate authorities or 

authorized by the terms of a controlling agreement at 

a higher agency level.

Any provision of this contract that is contrary to or 

conflicts with the laws, regulations, instructions, or 

directives referred to in this article shall be null and 

void.

Another 90 percent of the contracts referred to items 

which were subject to bargaining by the parties. In some 

instances, these items were described in broad terms, as 

in the first illustration. (See table 8.) This clause also 

dwelled on procedural aspects of bargaining to ensure 

that matters relating to negotiability would be fully 

discussed. The second provision described what was and 

what was not negotiable. Examples of each are cited:

(3) . . . No proposal will be considered a valid item for

negotiation or discussion if it merely repeats, rewords, 

or paraphrases existing laws or regulations. This is not 

intended to preclude references to pertinent laws or 

regulations for the purpose of citing sources of 

information governing working conditions or other 

conditions of employment which are negotiable. Nor 

is it intended to preclude verbatim quotations which 

are required by the order to be included in the terms 

of the agreement or significant matters which the 

parties agree should be incorporated in the agreement 

to foster improved communication to the members of 

the unit.

. . . Negotiable proposals or issues must be 

responded to by the other party. If one party 

considers the proposals non-negotiable, it shall so state 

for the record, giving specific reasons. The mere 

statement, “It is unacceptable” or “It is our 

prerogative” is not sufficient. Any proposal having a 

direct effect on personnel policies, practices and 

working conditions affecting the well being and 

welfare of employees in the unit is a proper subject for 

negotiation unless it is in direct conflict with existing 

law or Agency regulation.

Those subjects beyond the administrative authority 

of the Director of the Hospital or over which 

delegation of authority has not been accorded can be 

discussed and if both parties agree, the subject should 

be taken to higher authority, they shall prepare a joint 

statement to be submitted to the VA Central Office, 

Washington, D.C. If not in agreement each may pursue 

the matter through their respective channels to higher 

authority.

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Federal Reserve Bank of St. Louis
(4) It is agreed that matters appropriate for 

consultation and negotiation between the employer 

and the union are policies, programs, and procedures 

related to working conditions including, but not 

limited to such matters as safety, training, 

labor-management cooperation, employee services, 

methods of adjusting grievances, appeals, leave, 

promotion plans, demotion practices, pay practices, 

reduction-in-force practices, and hours of

work___ All matters which are governed by law or

regulation wherein the employer has no discretion 

including but not limited to wages, salaries, overtime 

rates and similar pay matters, holidays, leave accrual, 

life and health insurance coverage, retirement, 

annuities, and injury and unemployment 

compensation, will not be subject to negotiation 

between the parties hereto.

therefore. It is agreed to schedule the first meeting for 

negotiating the amendment within a reasonable time 

(not to exceed 30 days) after receipt of the 

notification of the desire to amend the agreement. No 

changes shall be considered other than those directly 

related to the subject of the requested amendments. 

Agreement shall be evidenced by written amendment 

duly executed by both parties.

Provisions for approval of the agreement, which were 

found in three-fourths of the contracts studied, often 

required that the contract be reviewed on the one hand 

by higher agency authority and on the other by the 

membership of the employee organization. Agency 

approval often consisted of review to assure that the 

parties had violated no rules, orders, or laws:

Virtually all agreements contained a management 

rights provision, again conforming to the language of the 

Executive Order:

(5) C. Management officials of the agency retain the 

right, in accordance with applicable laws and 

regulations—(1) to direct employees of the agency;

(2) to hire, promote, transfer, assign, and retain 

employees in positions within the agency, and to 

suspend, demote, discharge, or take other disciplinary 

action against employees; (3) to relieve employees 

from duties because of lack of work or for other 

legitimate reasons; (4) to maintain the efficiency of 

the Government operations entrusted to them; (5) to 

determine the methods, means, and personnel by 

which such operations are to be conducted; and (6) to 

take whatever actions may be necessary to carry out 

the mission of the agency in situations of emergency.

During the life of the agreement, the parties might 

want to change or add to their understanding. Over 88 

percent of the agreements studied specifically permitted 

reopenings, commonly by mutual consent. (See table 8.) 

Proposed changes had to be in writing and negotiations 

limited to those items listed in the request for change:

(6) This agreement may be opened at any time for 

amendment by mutual consent of the parties. Any 

request for amendment shall be in writing and must be 

accompanied by a summary of the amendment or 

amendment proposed and the reasons therefor. Also, 

modification or amendment of this agreement may be 

required because of changes in applicable laws, rules or 

regulations issued by higher authority. Such 

amendment will be effective on a date determined to 

be appropriate under the circumstances.

(7) By mutual consent of the parties, this agreement 

may be opened at any time for amendment, after it 

has been in effect for six months. Any request for 

amendment shall be in writing and shall contain a 

detailed statement of the changes desired and reasons

(8) Final authority for approval of this agreement, its 

amendments, or termination, rests with the 

appropriate officials in the VA Central Office, 

Washington, D.C. However, prior to submission for 

final approval, this agreement and its amendments will 

bear the signatures of the negotiating committees and 

the Center Director.

(9) The union agrees, that as agent for the rank-and-file 

employees in the unit covered under the terms of this 

contract, to submit the contract for ratification by the 

ronV-and-file employees of the unit. Ratification must 

be made at a proper union meeting.

This agreement is subject to approval by the 

Department of the Army. The agreement will be 

approved by the Department of die Army if it 

conforms to applicable laws existmg published 

Department of Army Policies and Regulations (unless 

the Department of Army has granted an exception to 

a policy or regulation) and regula ion o o er 

appropriate authorities.

(10) It is agreed that this agreement an any 

supplementary agreement or amendment to is 

agreement must be approved by a majority vote of the 

union members of Lodge 2505 in a general or special 

meeting assembled, and by the Office of the Secretary 

of DHEWand AFGE National Office.

Once granted, exclusive recognition for an employee 

organization continues as long as the requirements of the 

Executive Order are met. Recognition can be withdrawn 

if the employee organization loses its majority, for 

instance, through a new election conducted under the 

Assistant Secretary of Labor’s supervision. Similarly, 

organizations which discriminate or assist or participate 

in strikes against the Government do not fall within the 

definition of a lawful labor organization, and are likely 

to have recognition withdrawn.4 If recognition is 

withdrawn, over three-fifths of the contracts studied 

provided for automatic termination (table 8):

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Federal Reserve Bank of St. Louis
Table 8. Selected general policy provisions in Federal collective bargaining agreements, by agency, late 1971

General policy provisions

Agency

Ail

agreements

Management

rights

Employee right

to

join union

Items

negotiable

Agreement

reopener

Agreements

Workers

Agreements

Workers

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total ................................................ 671 532,745 663 530,923 526 462,637 601 475,175 593 471,863

Agriculture.................................................. 7 6,208 7 6,208 4 6,063 7 6,208 7 6,208

Air F o r c e .................................................... 75 96,976 75 96,976 70 94,900 67 79,289 63 86,136

A r m y ........................................................... 144 125,111 144 125,111 109 106,798 133 120,506 113 99,118

Civil Service C om m ission......................... 1 100 1 100 - — 1 100 1 100

Commerce .................................................. 7 2,632 7 2,632 6 2,579 7 2,632 7 2,632

Defense ....................................................... 23 21,891 23 21,891 22 21,660 17 17,074 21 19,820

Federal Communications Commission .. 1 6 1 6 1 6 1 6 1 6

General Services Adm inistration.............. 34 9,313 33 9,002 21 8,299 31 7,995 31 8,870

Health, Education, and W e lfa re .............. 28 17,375 26 16,495 16 15,809 21 16,082 23 15,363

Housing and Urban Development............ 2 80 2 80 2 80 2 80 2 80

Information A g e n cy .................................. 2 2,215 2 2,215 2 2,215 1 2,093 2 2/215

Interior......................................................... 24 4,249 21 3,703 21 3,909 19 2,916 20 1,440

Justice ......................................................... 5 9,623 5 9,623 5 9,623 5 9,623 4 5,265

Labor ...........................................................

National Aeronautics and Space

2 9,411 2 9,411 2 9,411 — — 2 9,411

Administration .................................... 6 7,325 6 7/325 4 6,943 6 7,325 6 7,325

N a vy ............................................................. 140 124,856 140 124,856 126 115,156 132 119,474 136 120/329

National Labor Relations B o a rd .............. 2 654 2 654 2 654 2 654 2 654

Office of Economic O p p ortu n ity............ 1 803 1 803 1 803 — — 1 803

Railroad Retirement Board .................... 1 1,405 1 1,405 — — 1 1,405 1 1,405

Selective Service System ........................... 1 285 1 285 1 285 1 285 1 285

Small Business Adm inistration................ 2 589 2 589 2 589 2 589 2 589

Smithsonian and Gallery of A r t .............. 2 186 2 186 2 186 - - 2 186

Soldiers* H o m e ........................................... 1 186 1 186 1 186 1 186 1 186'

Transportation........................................... 17 2,248 15 2,163 12 1,581 16 2,198 13 1,628

Treasury...................................................... 32 21,935 32 21,935 26 16,394 22 14,870 27 18,557

Veterans Administration ......................... 111 67,083 111 67,083 68 38,508 106 63,585 104 63,252

Note: Nonadditive

(11) This agreement will terminate in the event 

exclusive recognition is withdrawn from the Union.

More than four-fifths of the agreements required that 

copies of the agreement be distributed to each 

employee, or that meetings be held to explain the intent 

of the parties to supervisors and to employees:

(12) The employer agrees that this agreement will be 

printed at the employer’s expense and will be 

distributed by the union to all present, and new 

employees of the unit. In addition, all employees will 

be furnished a copy of any future amendments to this 

agreement by the union.

(13) Employer will assure that all levels of supervision 

receive a full orientation on the provisions of this 

agreement. It is agreed that within 30 days of the 

effective date of this contract, that the employer and

the union will have several informal meetings, during 

which time all employees of the unit will be invited 

and the agreement will be discussed and explained. 

Sufficient meetings will be held so that all employees 

will be afforded an opportunity to attend.

The rights of employees to organize, protected by 

Executive Order 11491, was also reaffirmed in over 

three-fourths of the agreements:

(14) Employees shall have, and shall be protected in the 

exercise of, the right, freely and without fear of 

penalty or reprisal, to form, join and assist any 

employee organization or to refrain from any such 

activity. They also have the right to designate 

representatives for the purpose of negotiating and 

consulting with management. In the exercise of this 

right, employees and their representatives shaU be free 

from any and all interference, coercion, restraint and 

discrimination.

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Federal Reserve Bank of St. Louis
General policy provisions—Continued

Reference to

governing

regulations

Withdrawal of

union

recognition

Agreement

distribution

Contract approval

and

ratification

Agency

Agreements

Workers

Agreements

Workers

Agreements

Workers

Agreements

Workers

618 509,045 429 326,191 555 458,215 506 391,174 Total.

7 6,208 4 656 6 6,175 6 6,175 Agriculture.

68 93,167 55 50,852 58 72,566 67 80,083 A ir Force.

132 113,395 79 72,047 117 109,296 135 119,472 Arm y.

- — 1 100 1 100 1 100 Civil Service Commission.

7 2,632 4 1,198 4 1,344 3 951 Commerce.

21 21,329 10 8,503 22 20,641 15 9,337 Defense.

1 6 1 6 1 6 1 6 Federal Communications Commission.

33 9,298 17 6,668 29 9,069 13 1,237 General Services Administration.

21 16,752 10 1,533 22 16,187 22 3,539 Health, Education, and Welfare

2 80 - - 2 80 - — Housing and Urban Development.

2 2,215 1 122 2 2,215 1 122 Information Agency.

19 3,599 8 488 23 3,986 23 4,028 Interior.

5 9,623 1 46 4 9,572 2 4,409 Justice.

2 9,411 — 2 9,411 — — Labor.

National Aeronautics and Space

6 7,325 3 4,601 5 7,138 2 4,414 Administration.

126 119,735 111 108,178 111 106,837 113 104,285 Navy.

2 654 — — 2 654 1 474 National Labor Relations Board.

1 803 - - - - 1 803 Office of Economic Opportunity.

1 1,405 — — — — — - Railroad Retirement Board.

1 285 1 285 1 285 1 285 Selective Service System.

2 589 1 20 1 569 - — Small Business Administration.

2 186 2 186 1 23 1 23 Smithsonian and Gallery of Art.

1 186 1 186 1 186 - — Soldiers' Home.

31 21,425 13 8,354 22 17,531 9 4,781 Transportation.

110 66,763 102 61,018 104 62,201 75 45,985 Treasury.

100 66,763 102 61,018 104 62,201 75 45,985 Veterans Administration.

Executive Order 11491 also protects the right of 

employees to present their views to Congress. However, 

only four agreements, all with Defense agencies, put this 

stipulation into the agreement:

(15) An employee will not be precluded from presenting 

his views to officials of the executive branch, the 

Congress, or other appropriate authority.

(16) Employees have the right, either individually or

collectively, to petition Congress, or any Member 

thereof, or to furnish information to either the House 

of Congress, or to any Committee or Member thereof, 

and this right shall not be denied or interfered 

with___

Antidiscrimination provisions

The Federal Government’s policy opposing 

discrimination within its operations has been the subject

of specific Executive Orders as well as guidelines in the 

Federal Personnel Manual. In line with this policy, 

Executive Orders 10988 and 11491 denied recognition 

to any employee organization that discriminated by 

race, color, creed, sex, age, or national origin.

Statements further affirming the intent of the parties 

were incorporated in over 70 percent of the agreements. 

(See table 9.) In some agreements, the employer pledged 

not to discriminate in any way; in others, both parties 

emphasized their joint responsibilities.

(17) It is the firm, positive and continuing policy of the 

union and the employer that all eligible persons are 

assured equal opportunity in employment matters. 

Discrimination on the basis of race, color, religion, sex 

or national origin is prohibited. The employer and the 

union recognize a joint responsibility for making

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Federal Reserve Bank of St. Louis
constructive contributions to the national goal of 

equality of opportunity as expressed in Executive 

Orders 11246 and 11375.

(18) The employer has the obligation to insure that he 

will not discriminate in any action for reason of race, 

creed, color, sex, age (where it is unrelated to the 

ability to perform the functions involved) or national 

origin.

Some clauses permitted the employee organization to 

nominate candidates for counselors so that equal 

employment opportunity problems might be discussed 

with individual employees. The decision to appoint, 

however, remained with the agency. Any such agency 

had to explain its rejection of union candidates:

(19) The employer acknowledges the union’s privilege 

to nominate candidates for positions as part-time 

Equal Employment Opportunity Counselors. If these 

candidates meet the general qualifications for 

counselors they will be considered for selection by

management. At such times as management is 

considering filling additional positions for part-time 

Equal Employment Opportunity Counselors, the 

union will be notified so that they may submit their 

nominations.

(20) The union will be given a representative on the 

Equal Employment Opportunity Committee subject 

to approval by the Base Commander or his designated 

representative.

Should the nominated individual be rejected by the 

Base Commander or his designated representative, the 

union will be advised of the objection through the 

Union-Employer Coordinating Committee meeting.

In its second form, antidiscrimination provisions 

either created a joint committee on equal employment 

opportunity or provided for employee organization 

membership on an existing committee. About 19 

percent of the agreements contained references to joint 

committees to deal with equal employment 

opportunities. (See table 9.) The committees could deal

Table 9. Equal employment opportunity provisions in Federal collective bargaining agreements, by agency, late 1971

Agency

All

agreements

Antidiscrimination

clause

Equal Employment

Opportunity Joint

Committee

Agreements Workers Agreements Workers Agreements Workers

Total ............................................................................. 671 532,745 472 436,475 128 204,323

A g ricultu re......................................................................... 7 6,208 2 5,507 _ _

Air Force ........................................................................... 75 96,976 56 85,716 22 59,779

Army ................................................................................. 144 125,111 94 95,927 22 27,792

Civil Service Commission ................................................ 1 100 1 100 — —

Com m erce........................................................................... 7 2,632 3 2,324 — —

Defense............................................................................... 23 21,891 18 20,160 6 11,725

Federal Communications Commission ......................... 1 6 1 6 — —

General Services Adm inistration.................................... 34 9,313 31 9,223 — —

Health, Education, and W elfare....................................... 28 17,375 17 15,671 2 12,764

Housing and Urban Developm ent.................................. 2 80 2 80 — —

Information A g e n c y ......................................................... 2 2,215 1 2,093 —

Interior............................................................................... 24 4,249 12 2,981 1 32

Justice................................................................................. 5 9,623 4 9,572 1 4,358

Labor .................................................................................. 2 9,411 2 9,411 — —

National Aeronautics and Space Adm inistration......... 6 7,325 6 7,325 2 2,929

N a v y .................................................................................... 140 124,856 95 99,534 46 66,333

National Labor Relations B o a r d .................................... 2 654 2 654 _

Office of Economic Opportunity .................................. 1 803 1 803 — —

Railroad Retirement B o a rd ............................................. 1 1,405 1 1,405 — _

Selective Service S y stem .................................................. 1 285 — _ __ _

Small Business Administration ....................................... 2 589 2 589 1 569

Smithsonian and Gallery of Art .................................... 2 186 2 186 _ _

Soldiers’ H o m e .................................................................. 1 186 1 186 _

Transportation .................................................................. 17 2,248 4 1,125 —

T re a su ry ............................................................................. 32 21,935 12 6,463 1 1,860

Veterans Adm inistration.................................................. 111 67,083 102 59,434 24 16,182

NOTE: Nonadditive.

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with internal agency affairs or, in some instances, with 

problems that might develop in the community at large. 

In the latter case, nongovernment groups and 

community leaders were part of the committee:

(21) The employer and the union agree that the

Commanders Equal Employment Opportunity 

Advisory Council is established to advise the 

Commander and top management on such matters as 

maintaining effective communications with the 

community and for the workforce. Membership may 

include representatives of minority group 

organizations and other community leaders, 

employees, spokesmen for employee organizations and 

officials of the depot___

Many times, committee provisions also contained a 

pledge of cooperation in antidiscrimination matters, 

illustrated in the following. As in all committees, 

meetings become forums for discussing agency policy 

and programs and specific problems that may have 

arisen. Further, the designee of the employee 

organization was to be paid for his time at meetings:

(22) The employer and union agree to cooperate in 

providing equal employment and promotion 

opportunity for all qualified applicants and employees 

to prohibit discrimination because of age, race, 

religion, color, creed or sex and to promote the Air

Force___ Programs for equal employment

opportunity through a positive and continuing effort.

The union will designate an officer of Lodge 1592, 

AFGE, to serve on the... Equal Employment 

Opportunity Committee. The employer will recognize 

the designated Lodge 1592 officer as a standing 

member of the Equal Employment Opportunity 

Committee. If employed by the employer and in an 

official pay status, the designated officer will be in an 

official duty status to attend meetings of the 

committee which are conducted during normal duty 

hours.

. . . The employer and the union agree to provide 

information and advice in the Equal Employment 

Opportunity Committee meetings of any outstanding 

equal opportunity problems. The union further agrees 

to make constructive recommendations for program 

improvements through both the efforts of the union 

representative of the Equal Employment Opportunity 

Committee and collective efforts by its officers and 

stewards.

Hours of work and overtime

In the Federal service, regular and overtime hours of 

work are often established by Civil Service Commission 

or agency regulations, leaving little discretion to the

bargaining parties. Most of the employees covered by 

agreements containing hours and overtime provisions 

were in bargaining units made up partly or entirely of 

Wage Board employees, since varying work periods and 

the need to schedule overtime are most common in 

industrial or blue-collar type of Federal activities. (See 

table 10.)

Daily and weekly hours. Agencies, in most cases, 

schedule the basic workweek as five 8-hour days. 

Starting and finishing times generally are the same each 

day, and whenever possible, work days are Monday 

through Friday. The head of an agency can alter these 

schedules if the hours specified would seriously handicap 

the organization in carrying out its function, or would 

substantially increase costs.

Nearly 70 percent of the agreements in the study 

included regularly scheduled hours, compared with only 

30 percent in 1964. (See table 10.) The first provision 

establishes a general schedule, but permits exceptions 

appearing elsewhere in the agreement. The second 

example includes exceptions for stipulated essential 

activities:

(23) It is agreed and understood that, except as 

hereinafter provided, the basic workweek will consist 

of five (5), eight (8) hour days, Monday through 

Friday, inclusive. The regular hours of work for 

employees within the unit shall not exceed eight (8) 

hours per day and forty (40) hours per week.

(24) The basic work week shall consist of eight hours in 

one day, Monday through Friday, except for those 

jobs which directly relate to the protection of 

property, security, health, patient care, providing 

necessary power and heat, or other necessary 

functions.

Overtime. Under law, overtime is paid for officially 

ordered or approved work beyond 8 hours a day or 40 

hours a week. Nearly three-fourths of the agreements 

had provisions incorporating this policy. In the first 

illustration, the premium rate was given; and in the 

second the employee could chose premium pay or 

compensatory time:

(25) All hours of work in excess of the eight hours in 

the employee’s regular work shift or in excess of the 

40 hours in his basic work week shall be paid for at 

not less than time and one-half the employee’s hourly 

rate, except that employees in a standby status shall 

be paid overtime rates only for hours of duty in excess 

of 40 per week.

(26) Where statutes and VA policy permit, all time 

required to be worked in excess of eight hours per day

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Table 10. Hours, overtime, weekend, holiday, and shift premiums in Federal collective bargaining 

agreements by occupational group, late 1971

Classification Act

Hours, overtime, and premium pay

All

agreements

Professional Non professional

Professional and

nonprofessional

provisions

Agreements

Workers

Agreements

Workers

Agreements

Workers

Agreements

Workers

T o t a l................................................................ 671 532,745 29 12,806 116 61,257 17 11,756

Provision for regularly scheduled h o u r s ......... 463 429,783 12 2,725 78 47,661 8 6,646

Daily and/or weekly overtime provisions . . . . 490 456,056 10 3,708 78 52,982 9 8,054

Premium pay for early s t a r t .............................. 45 60,676 1 432 6 3,483 — —

Equal distribution of overtim e......................... 429 399,582 8 2,463 68 38,249 9 8,054

Right to refuse overtime.................................... 253 269,339 5 2,009 36 20,869 7 4,601

Premium pay for weekend w o rk ....................... 96 103,534 1 30 7 6,761 2 1,046

Premium pay for holiday w o rk ......................... 202 227,402 2 834 20 8,352 1 230

Shift differential................................................. 168 153,942 2 261 15 6,800 1 230

Notice of work schedule changes..................... 365 358,551 7 1,694 48 24,652 2 1,904

Wage Board

Wage Board and

nonprofessional

Wage Board,

professional, and

nonprofessional

Agreements

Workers

Agreements

Workers

Agreements

Workers

Total .................................................................. 151 126,344 305 273,295 53 47,287

Provision for regularly scheduled h ou rs.............. 121 117,518 211 222,352 33 32,881

Daily and/or weekly overtime provisions........... 125 121,289 232 238,467 36 31,556

Premium pay for early start.................................. 21 35,830 16 19,218 1 1,713

Equal distribution of overtime ........................... 116 112,812 200 212,737 28 25,267

Right to refuse overtim e....................................... 72 85,410 114 142,357 19 14,093

Premium pay for weekend w o r k ......................... 45 55,420 39 36,159 4 4,118

Premium pay for holiday w o r k ........................... 75 84,245 94 123,534 10 10,207

Shift differential.................................................... 67 66,752 74 68,973 9 10,926

Notice of work schedule changes......................... 98 95,475 186 210,410 24 24,416

NOTE: Nonadditive. Agreements may have more than one provision.

and forty hours per week shall be considered overtime, 

and employees shall not be required to take 

compensatory time off in lieu of premium pay, but 

shall have an opportunity to elect overtime pay or 

compensatory time. This policy does not apply to 

classified positions where rate of basic compensation is 

in excess of the maximum scheduled rate of Grade 

GS-9 (and above) of the Classification Act of 1959 as 

amended or at the employee’s option.

Early start Seven percent of the agreements provided 

overtime pay for work performed before the start of 

regularly scheduled hours. In Federal service, such early 

starts may be dictated by the need to prepare work for 

the regular staff, to get machinery or equipment ready 

before the start of the workday, or to maintain other 

scheduled activities:

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(27) Employees in the unit shall not be required to 

perform any work or duty before or after his 

scheduled work hours, without compensating the 

employees for all such work or duty. It is further 

understood that if an employee is directed by the 

employer to report at a designated location at a 

specified time, prior or subsequent to his regular shift 

hours, such time shall be considered compensable at 

the existing overtime rate.

Overtime equalization. Eighty-eight percent of the 

agreements providing for daily and weekly overtime 

required that such work would be distributed equally 

among all members of the appropriate unit. This 

requirement, however, was at times modified if 

employees chosen had to qualify to perform the work. 

Employees also might be penalized in an equalization 

program when they refused overtime after receiving 

notice adequately in advance of such assignments:

(11) Available overtime work will be distributed as 

equally as possible among covered employees in the 

classifications, consistent with the experience and 

qualifications of the employees to do the work.

(28) In order to insure that overtime is equally 

distributed, a roster will be maintained showing who 

and when an employee worked overtime. The refusal 

of any employee to work overtime will be considered 

the same as if he had worked provided he is given the 

full two (2) weeks’ advance notice. This roster will be 

kept up-to-date and made available upon request to 

union officials and shop stewards.

Right to refuse overtime. More than one-half of the 

agreements with overtime provisions gave employees the 

right to refuse overtime. Again agreements covering 

workers in Wage Board and mixed units predominated. 

The right to refuse, however, was usually limited. For 

example, it might be granted if replacements were 

available if insufficient notice was given, or if the 

employee had a legitimate personal reason:

(29) An employee shall have the right to refuse an 

overtime assignment provided he has a legitimate 

reason and a qualified employee is available to take his 

place. However, if the employer is unable to find a 

replacement, the employee will work overtime.

(30) a. The supervisor shall notify the employee 

forty-eight (48) hours in advance of all scheduled 

overtime assignments. Any employee covered by this 

agreement shall have the right to refuse overtime 

assignments unless notified at least forty-eight (48) 

hours in advance of the scheduled overtime or for

personal reasons acceptable to both the employee and 

the supervisor. If an employee refuses an overtime 

assignment other than either of these conditions, he 

shall not be considered for overtime again until his 

name is again reached on the overtime list. An 

employee who is on approved sick leave, annual leave, 

holiday leave, leave without pay, absent without leave, 

holiday leave, or on excused absence at the time the 

overtime list is prepared shall not be considered as 

available for his overtime assignment, but shall retain 

his standing on the overtime list for the next 

scheduled overtime assignment.

Lacking an absolute right to refuse overtime, 

employees could be relieved from such assignments 

under circumstances acceptable to agency officials. For 

example, an employee might be excused from overtime 

if the work would , impair his health or cause undue 

hardship:

(31) An employee may be required to perform overtime 

work. Such work will be kept to an absolute 

minimum. No employee will be required to work 

overtime if the additional work would impair health or 

efficiency or cause extreme hardship.

Weekend work. A few agreements provided for weekend 

premium pay when weekend work was part of the 

worker’s regularly scheduled work week. Premium pay 

of time and one-fourth ordinarily applied:

(32) The employer agrees that any employee within the 

unit, who is required to work on a Sunday as part of 

his basic workweek, is entitled to pay at his rate of 

basic pay plus premium pay at a rate equal to 

twenty-five (25) percent of his rate of basic pay for 

each hour of Sunday work which is not overtime work 

and which is not in excess of eight (8) hours for each 

regularly scheduled tour of duty which begins or ends 

on Sunday. Sunday premium pay is not payable to an 

employee on annual or sick leave or otherwise excused 

from working on a Sunday.

(33) All full time employees assigned shift operations 

when Sundays fall within their regular scheduled work 

week, shall be paid the 25 percent differential referred 

to in the following: Employees with the unit who may 

be required to work on Sundays as part of their basic 

week will be compensated at 1 and 1/4 times their 

regular hourly wage for the entire shift if any part of 

the shift falls on Sunday, provided the Sunday hours 

are actually worked. A unit employee on annual or 

sick leave or otherwise excused from work for the 

Sunday portion of his shift shall receive his regular 

rate of pay for the shift.

In a regular Monday through Friday schedule, premium 

pay rates for weekend work were on an overtime basis:

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(34) All hours of work on Saturday and Sunday will be 

compensated at one and one-half times the employee’s 

hourly rate, provided that neither Saturday or Sunday 

is included in the employee’s scheduled work week, 

and provided further that work performed on 

Saturday and Sunday is overtime work as defined.. . .

Holiday work. Thirty percent of the agreements 

provided premium pay for work on holidays. (See 

table 10.) Clauses distinguished the compensation to be 

received for a holiday falling within or outside the basic 

workweek. Wage Board or mixed units represented 89 

percent of the agreements with these provisions:

(35) Employees working on a holiday outside their basic 

workweek shall receive the same pay as they would 

normally receive on an overtime day.

Employees working on a holiday within their basic 

workweek shall receive the same pay as they would 

normally receive on a regular work day, plus the day’s 

pay they are normally entitled to for a holiday, plus 

the applicable shift differential.

(36) Upgraded employees working on a holiday within 

their basic workweek shall receive double their hourly 

rate plus double their appropriate shift differential for 

all hours not to exceed eight (8) hours worked on such 

holiday. Graded employees working on a holiday 

within their basic workweek shall receive double their 

hourly rate plus their appropriate shift differential of 

10% of their hourly rate for all hours not to exceed 

eight (8) hours worked on such holiday. Holiday 

premium pay is not payable for overtime work on 

holiday.

Notice o f schedule changes. Over one-half of all 

agreements required the employer to notify employee 

organizations before any change in work schedules or 

intention to start additional shifts. This percentage is 

more than double that found in the 1964 study. A 

two-week notice period was most common, although 

reference occasionally was made to shorter periods. 

Notice requirements, however, were waived in situations 

designated by the employer as “emergencies” :

(37) Management has the right to change existing tours 

of duty, after appropriate consultation with the union 

and consideration of the union viewpoint. Normally 

any change will be announced in writing at least two 

(2) weeks in advance and will continue for a period of 

at least two pay periods. Management may make 

exceptions to these requirements in emergency 

circumstances.

(32) Section 4. The employer agrees that, except in 

emergency situations, employees in the unit will be 

notified of changes in their workweeks or shift hours 

at least three (3) calendar days in advance of the start 

of the administrative workweek during which the 

change is effective. When, due to an emergency, the 

employee is not notified as provided herein, the

employer agrees to advise the union of the action 

taken and the reasons therefor.

(38) Whenever it is necessary to schedule a two or three 

shift operation or to change the shift hours of 

employees, 48 hours prior notice will be given to the 

concerned employee when practicable, and there shall 

be an equitable distribution of these assignments 

among the employees within their regularly assigned 

work area.

Shift differential. Additional pay, mostly for Wage 

Board and nonprofessional Classification Act employees, 

was provided for work outside the normal daytime shift 

in one-fourth of all agreements:

(39) Members of the unit who are assigned to regularly 

scheduled tours of duty at night shall be paid a 

differential of thirteen cents ($0.13) additional per 

hour for work on the second shift (4:00 pjn. to 12:00 

midnight) and seventeen cents ($0.17) additional per 

hour for work on the third shift (12:00 midnight to 

8:00 a.m.).

Callback pay. Callback pay, which guarantees a 

specified number of hours of work or pay when 

employees are directed to report for duty after 

completion of their regularly scheduled hours, was 

found in 39 percent of the agreements studied, 

compared to 15 percent in 1964. (See table 11.) Most 

were found in Defense-related agencies and involved 

Wage Board occupatiQns. Usually, the amount of 

callback pay conformed to Comptroller General Opinion 

B-175452, May 1, 1972, which interpreted the 

applicable statute5 as guaranteeing 2 hours’ pay, at 

overtime rates, for the inconvenience of being called 

back to duty. In the first illustration, the employee also 

is guaranteed that he will not be unnecessarily held over 

for work other than that which caused the emergency 

callback:

(40) Employees called back to his place of employment 

at a time outside of, and unconnected with, his 

scheduled hours of work, within his basic workweek, 

to perform unscheduled overtime of less than two (2) 

hours duration, shall be paid a minimum of two hours 

of overtime pay for each “callback,” even though no 

work, or less than two (2) hours of work is actually 

performed. Also, any employee “called back” shall be 

properly excused upon completion of the job which 

he was “called back” to perform.. . .

(41) An employee shall receive a minimum of two (2) 

hours compensation in accordance with applicable 

regulations if he is called back to work on an overtime 

basis outside his scheduled hours of work.

Reporting pay. Only 3 agreements provided for 

“reporting pay,” which is a minimum pay guarantee to a 

worker who reports for work on schedule but cannot be

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utilized (or less work is available than can be 

accomplished during the guarantee period):

(42) When an employee reports for duty (except 

holidays) in accordance with his regular work schedule 

and it is determined that his services are not required, 

he will be guaranteed a minimum of 2 hours of his 

regular or similar work at his regular rate of pay.

Pay guarantee fo r unexpected dismissal Twenty-nine 

percent of the agreements assured employees no loss of 

pay if they were dismissed for reasons beyond their 

control, such as unexpected down-time or inclement 

weather. These provisions applied to early dismissal and 

to weather which prevented an employee from reaching 

his place of work:

(43) When ap employee is relieved from duty by the 

employer during his regular shift hours due to 

interruption or suspension of operations, including 

inclement weather, breakdown of equipment, or other 

emergencies, or Acts of God, he shall be excused for 

the balance of the shift without loss of pay or charge

to leave unless assigned by the employer to other 

work. However, this provision does not apply to 

employees excluded by applicable laws and regulations. Determination of essential personnel to be 

retained will be the responsibility of the appropriate 

supervisor. Wherever feasible retention of essential 

employees will be on a rotational basis.

(44) In case of absence due to extreme weather 

conditions or public emergency situations and where it 

is determined on an individual basis that it was 

impossible for all practical purposes for an employee 

to get to work, excused absence without charge to 

leave will be authorized.

Rest periods, cleanup time,

and clothing and tool allowances

The frequency of provisions relating to rest periods, 

cleanup time, and clothing and tool allowances has risen 

markedly since 1964. In the Bureau’s earlier study, 4 

percent of the agreements provided for rest periods, 5 

percent for clothing allowances, and 18 percent for 

cleanup time. In the current study, 35 percent provided

Table 11. Reporting pay, callback pay, and pay for unexpected dismissal in Federal collective bargaining agreements, 

by agency, late 1971

Provision for

Agency

Callback pay Reporting pay

Unexpected dismissal

pay — Acts of God,

etc.

Agreements Workers Agreements Workers Agreements Workers

Total ............................................................................. 259 233,669 3 2,999 194 194,218

A g ricultu re......................................................................... 1 7 __ _ __ _

A ir Force ........................................................................... 22 26,508 — — 15 11,683

Army .................................................................................. 71 63,670 1 1,941 44 49,015

Civil Service Commission ................................................ — — — — — —

Com m erce........................................................................... 2 94 — — 1 230

Defense............................................................................... 5 2,660 — — 9 12,009

Federal Communications Commission ......................... — _ _ — _ —

General Services Adm inistration.................................... 9 4,917 — — 5 786

Health, Education, and W elfare....................................... 5 13,805 — — 3 13,602

Housing and Urban Developm ent.................................. 1 25 — — 1 25

Information A g e n c y ......................................................... — — — — — —

Interior............................................................................... 6 1,680 — — 1 950

Justice................................................................................. — — — — — —

Labor .................................................................................. — — — — 1 4,257

National Aeronautics and Space Adm inistration......... 5 4,511 — — 4 5,930

N a v y .................................................................................... 97 97,971 1 608 71 71,568

National Labor Relations B o a r d .................................... — — — — — —

Office of Economic Opportunity .................................. - - - - - -

Railroad Retirement B o a rd ............................................. — — — — — —

Selective Service S y stem .................................................. - - - - - -

Small Business Administration ....................................... 1 20 — — 2 589

Smithsonian and Gallery of Art ............ ..................... 2 186 — - 2 186

Soldiers' H o m e .................................................................. — — — — — —

Transportation .................................................................. 10 1,426 - - 6 1,233

T re a su ry ............................................................................. 3 2,010 — — 16 12,919

Veterans Adm inistration.................................................. 19 14,179 1 450 13 9,236

NOTE: Nonadditive. An agreement may contain more than one provision.

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Table 12. Rest periods, cleanup, clothing and tool allowances in Federal collective bargaining agreements, by occupational

group, late 1971

Working conditions

Occupational group

All

agreements Rest periods Cleanup time Clothing allowances Tool allowances

Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total ................ 671 532,745 234 248,395 252 294,142 266 278,638 97 87,375

Classification Act

Professional only . . . . 29 12,806 6 770 3 827 2 261 1 30

Nonprofessional only . 116 61,257 23 30,311 12 8,480 30 10,315 8 1,534

Professional and

nonprofessional . . . 17 11,756 1 230 — — — — — —

Wage Board o n ly .............. 151 126,344 42 48,286 82 100,022 92 104,193 37 29,578

Wage Board and

nonprofessional......... 305 273,295 142 150,621 135 165,868 127 151,480 45 51,187

Wage Board, professional

and nonprofessional .. 53 47,287 20 18,177 20 18,945 15 12,389 6 . 5,046

NOTE: Nonadditive.

for rest periods; 40 percent, clothing allowances; and 38 

percent, cleanup time. Once again, units of Wage Board 

employees in the Department of Defense and the 

Veterans Administration negotiated most of the 

agreements. (See table 12.)

Rest periods. Provisions specifying rest periods typically 

governed the number, duration, and scheduling of such 

breaks. Criteria often were specified for supervisors to 

follow in granting breaks involving factors such as 

physical exertion, fatigue, and employee isolation from 

others. Usually, employees received a 15 minute break 

period during the first and last 4 hours of work. Clauses 

also safeguarded against abuses and cautioned 

employees, for example, against extending lunch 

periods, changing starting or quitting times, and 

conducting union business:

(45) It is the policy of the employer to grant rest 

periods for not to exceed fifteen minutes during the 

first half and the second half of an 8-hour shift, 

subject to the criteria below. It is left to the operating 

official’s discretion to determine whether rest periods 

are to be taken on a time schedule by all personnel or 

to authorize individual rest periods at such time as will 

not interfere with his work. These rest periods shall 

not be a continuation of the lunch period, nor taken 

immediately prior to quitting time. Criteria for 

determining the need and duration for rest periods are 

as follows:

a. Protection of employee’s health by relief from 

hazardous work or that which requires continual 

and/or considerable physical exertion.

b. Reduction of accident rate by removal of 

fatigue potential.

c. Working in confined spaces or in areas where 

normal personal activities are restricted.

d. Increase in or maintenance of high quality 

and/or quantity production traceable to the rest 

period.

(46) Employees who work eight-hour tours of duty will 

have a rest period of not more than 15 minutes for 

each four hours of continuous work. Employees who 

work on four-hour shifts will have not more than one 

15-minute rest period. Rest periods will not be used to 

lengthen the lunch period, to start work later, or to 

end a tour of duty earlier when a rest period is not 

taken by personal choice or because of workload 

demands. Rest periods that are not taken may not be 

accumulated for later use. Rest periods may be 

canceled by supervisors when workload emergencies 

arise or when workload so requires. Since rest periods 

are taken during on-duty hours, union business will 

not be conducted during such periods.

At least one agreement allowed breaks during the 

working day but did not set aside a designated time 

period:

(47) There will be no assigned periods for coffee breaks. 

Employees will be permitted to purchase refreshments 

within the facility and return to their work or other 

designated areas.

Cleanup time. Most agreements providing for cleanup 

time allowed a “reasonable” period, rather than a 

specific amount of time, to wash, change clothes, and 

put away tools. At times, clauses permitted; such

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activities to take place before lunch and quitting time; 

others were silent in this aspect;

(48) The employer will provide a reasonable amount of 

time consistent with the nature of the work performed 

for employees to clean up prior to lunch and at the 

end of the work day. In the same manner a reasonable 

amount of time will be allowed employees for the 

storage or cleanup and protection of government 

property and equipment and personal tools prior to 

the end of the work day.

(49) Time will be allowed each civilian employee for the 

attendance to his own personal clean-up.

Clothing allowances. If agency regulations required 

specialized uniforms or protective clothing, these 

generally were provided to employees:

(50) Subject to the provisions of applicable regulations,

the employer agrees to furnish. . . special 

clothing. . . that employees may be required to 

use___

(51) The employer agrees to furnish protective clothing 

and equipment in accordance with Department of the 

Army Regulations.

Tool allowances. Provisions dealing with tools and tool 

allowances stipulated not only tools which the agency 

provided but also basic tools of trade which certain 

skilled employees are required to supply. Since these 

employees are required to furnish tools, provisions also 

could cover arrangements for storage of personal tools 

and procedures for claiming loss:

(52) Tools and equipment necessary for the accomplishment of their duties as determined by the employer 

will be made available to employees concerned in 

accordance with applicable regulations and Technical 

Orders. Such tools issued to the employee are subject 

to personal accountability according to governing 

regulations.

(53) It is agreed that the employer will continue to 

supply the tools and materials currently provided. 

Employees who are required to provide basic tools as 

provided in Base and Departmental instructions will be 

provided safe and secure stowage for personally-owned 

tools. Tools required to be furnished by employees 

will be specified in announcements of positions to be 

filled. Inventories of personally-owned tools will be 

filed with the shop head. The employer agrees to 

investigate any claim of loss or damage to 

personally-owned tools and to compensate the owner 

for the fair value of such tools (in cash or in kind, as 

determined by the employer) if the investigation 

establishes that the loss or damage was not the fault of 

the owner.

Subcontracting

Nearly one-fourth of the agreements to some extent 

restricted contracting out of work normally done by 

employees in the bargaining unit. (See table 13.) Over 

three-fourths containing subcontracting clauses were 

negotiated with the Navy and Army, and accounted for 

more than four-fifths of the employees covered by such 

provisions.

Provisions restricting contracting out fell into three 

categories. Most of these stated that the employer would 

not contract out work unless necessary; as a rule, they 

specified a time period in which the employer would 

notify the employee organization of any subcontracting. 

The advance notice implies that the employee 

representative could question the decision to contract 

out and could use the time to marshal arguments against 

the decision:

(54) Although it is the policy of DCASR, Chicago to 

employ within manpower and funding limitations 

qualified personnel appointed under U.S. Civil Service 

Commission procedures in continuing or permanent 

positions in accordance with existing laws and policy, 

if contracting out for personnel services on a 

continuing basis is determined necessary, reasonable 

advance notice of two weeks when possible will be 

furnished the Local.

(55) Employee agrees to notify the union in advance of

all contracting actions which have a tendency to 

displace career employees___

(56) .. .Whenever the work normally performed by 

employees in the unit is expected to be contracted 

out, the employer agrees to inform the council before 

implementing such action.

In the second category, the right of the employee 

organization to protest the action, or to have a role or be 

consulted in the decision was explicit if the decision 

affected the size of the present work force. The first 

example required a written management decision on the 

employee organization’s protest:

'57) The employer shall give the union 30 days advance 

notice of its intention to solicit bids for “contract 

work” which would result in a reduction in force or 

demotion of any employees. Such advance notice will 

provide a full explanation of the reasons for making 

this change and will afford the union an opportunity 

to file a written protest within ten (10) days. The 

employer will consider the protest and shall furnish 

the union a written decision.

(58) It is recognized that it is the general policy of the 

DOD to accomplish, with Civil Service employees, the 

regular routine recurring operational work at those

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Table 13. Restrictions on subcontracting, work by supervisors, and reference to jurisdictional issues in Federal collective 

bargaining agreements, by agency, late 1971

Agency

Restrictions on

subcontracting

Restrictions on work

performed by supervisors

Jurisdictional

issues

Agreements Workers Agreements Workers Agreements Workers

Total ............................................................................. 159 182,006 134 131,795 45 68,709

A g ricultu re......................................................................... _ _ _ 1 33

Air Force ........................................................................... 2 1,764 1 509 — —

Army .................................................................................. 55 69,163 46 51,337 7 6,482

Civil Service Commission ................................................ — — — — — —

Com m erce........................................................................... — — — — — —

Defense............................................................................... 4 5,778 6 3,421 1 2,369

Federal Communications Commission ......................... — — — - — —

General Services Adm inistration.................................... 4 4,381 4 478 — —

Health, Education, and W elfare....................................... 2 238 2 1,541 — —

Housing and Urban Developm ent.................................. - - — — — —

Information A g e n c y ......................................................... 1 2,093 — — — —

Interior............................................................................... 2 103 2 417 2 1,601

Justice................................................................................. — — — — — —

Labor .................................................................................. 1 5,154 — — — —

National Aeronautics and Space Adm inistration......... 3 2,995 4 4,324 1 187

N a v y .................................................................................... 69 81,413 60 64,876 28 54,987

National Labor Relations B o a r d .................................... — — — — — —

Office of Economic Opportunity .................................. - — — — — —

Railroad Retirement B o a rd ............................................. — — 1 1,405 — •—

Selective Service S y ste m .................................................. — — — — — —

Small Business Administration ....................................... 1 569 — — — _

Smithsonian and Gallery of Art .................................... — — 1 163 — —

Soldiers' H o m e .................................................................. — — 1 186 — _

Transportation .................................................................. 3 354 1 850 2 1,040

T re a su ry ............................................................................. 1 85 3 1,039 3 2,010

Veterans Adm inistration.................................................. 11 7,916 2 1,249 — —

NOTE: Nonadditive.

activities that have traditionally employed such a 

force. DISC work may be contracted to accomplish 

seasonal and other peak work loads, to prevent the 

buildup of unduly large backlogs of work, to perform 

occasional specialized work and to accomplish work 

that, for economic or other reasons, can be better 

performed by contract. Prior to the initial contracting 

of work that has traditionally been performed by 

DISC employees, the employer agrees to consult and 

discuss other possible courses of action with the 

union. This will affect the contracting of work that 

does not affect the work force.

In the event of contracting out of work, the 

employer will, to the maximum extent possible, 

minimize any employee displacement.

The final category limited subcontracting to specific 

situations: specialized skills or equipment needed; 

insufficient manpower to perform the work in the plant 

or yard; deadlines to meet; or orders from higher 

authority:

(59) The employer agrees to continue the existing 

policy whereby work that is normally performed by 

employees in the unit is not contracted out unless it is 

beyond the capacity or capability of the station work

force to perform or economic or regulatory 

considerations dictate that such work be performed by 

contract. Of necessity, work will be contracted under 

conditions such as: when special technical skills or 

equipment are not available; when all manpower 

resources are committed and the work is of such 

urgency that its accomplishment cannot be deferred; 

or when accomplishment cannpt be deferred; or when 

accomplishment by contract is specifically directed by 

the Commandant of the Marine Corps, or other higher 

authority.

(60) It will be the policy of the employer, that work 

normally performed by employees in the unit will not 

be contracted for on a farm-in farm-out basis unless 

beyond the capacity and capability of the employees 

in the unit and/or economic consideration dictate the 

need for such actions.

The employer will consult with the union when 

there is a change in this policy or discuss outstanding 

farm-in farm-out contracts upon requests of the union.

(61) . . . In most matters wherein the employer has 

discretion, it will be the policy that work normally 

performed in the Center will not be contracted out or 

assigned to employees not in the Center, unless such 

work is beyond the capacity (timing, workload and/or 

availability of appropriate skills) or capability of the

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Center employees to perform or if technological 

changes dictate that such work be performed outside 

the Center. In this regard, the employer agrees to 

consult with the union concerning any work situation 

changes affecting employees in the Center.

No agreement placed an absolute ban on subcontracting of work regularly performed by employees 

in the bargaining unit.

Work by supervisors

Only 19 of the agreements examined in the 1964 

Federal agreement study, compared with 20 percent in 

the 1971 study, prohibited supervisors or other 

nonbargaining unit personnel from doing work normally 

performed by members of the bargaining unit. (See 

table 13.) As in 1964, the Navy Department negotiated 

the largest number. Normally, the clauses stipulated the 

situations in which work by supervisors would be 

permitted; for example, in emergencies, or when 

hecessary as part of training:

(62) The employer agrees that, to the extent practicable 

and consistent with manpower requirements and 

regulations, full time supervisors shall not be assigned 

to perform duties outlined in job or position 

descriptions of unit employees except when training 

or instructing employees, or in cases of emergencies, 

or when unforeseen production or schedule difficulties 

dictate such assignments.

(63) The employer agrees that supervisors will not be 

required to perform routine duties of their subordinates except when such work is considered to be 

a part of the normal duties of the supervisory position, 

or for any of the following purposes:

a. Instruction or Cross-Training.

b. Procedure evaluation or Testing

c. Economy

d. Emergency circumstances

Craft jurisdiction

A small number of agreements, covering 13 percent 

of the workers studied, included provisions dealing with 

jurisdictional disputes among craft unions. Over one-half 

of these were negotiated with the Navy Department. 

Typically, clauses stated that the employer would 

observe customary trade jurisdictions whenever possible, 

that changes would be discussed with the union, that the 

employer would consider the union’s views:

(64) Whenever circumstances have made it necessary to 

assign craftsmen to work of another craft or 

non-craftsman to craftsman level work, the employer

agrees to consider the views and recommendations of 

the union in regard to policies and practices relating to 

assignment of work to the various trades. Minor jobs 

of one trade associated with maintenance or repair 

jobs of another trade may be performed by the trade 

doing the maintenance or repair.

(65) The employer agrees, prior to implementation, to 

discuss with appropriate union representatives any 

significant changes regarding basic and fundamental 

trade or craft jurisdiction, including major journeyman 

or apprentice training programs. The employer further 

agrees to consider the views and recommendations of 

the union, including the International, in matters 

relating to trade or craft jurisdiction.

The Employer agrees to meet with union officers 

to discuss trade jurisdiction with respect to introduction and application of new materials and new 

processes of a significant nature.

Any equipment over which the union has been 

granted jurisdiction by the employer shall be operated 

only by unit employees for normal production needs.

(66) In the event a problem arises with respect to trade 

or craft jurisdiction affecting employees in the unit, 

the council may bring such matters to the attention of 

appropriate officials of the employer. The employer 

agrees to give serious consideration to the views and 

recommendations of the council in regard to policies 

and practices relating to assignment of work to the 

various trades to the maximum extent possible 

commensurate with maintenance of efficient 

operation.

One agreement negotiated by a local Metal Trades 

Council gave Council affiliates an opportunity to resolve 

jurisdictional issues and to present their view to agency 

management. However, this policy was qualified by the 

employer’s necessity to maintain the efficiency of 

operations:

(67) The employer recognizes that the matter of trade 

jurisdiction boundaries between and among crafts for 

the purpose of establishing a claim to the work is an 

appropriate subject for determination by the various 

crafts affilated with the council. The council agrees to 

provide the department head the council’s position in 

writing. The council recognizes the employer has the 

right to assign work in a manner necessary to maintain 

efficiency of government operations.

Health and safety

Federal agreements contained a variety of health and 

safety-related provisions, most prominently those which 

created safety committees and those which referred to 

unsafe working conditions. (See table 14.) These were 

most prevalent among components of the Department of 

Defense and the Veterans Administration. Virtually all 

covered employees in Wage Board or in mixed bargaining

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Table 14. Selected safety and health provisions in Federal collective bargaining agreements, by occupational group, late 1971

Classification Act

Safety and health provision

All

agreements Professional Nonprofessional

Professional

non professional

Agreements Workers

Agreements WorkersAgreements Workers

Agreements Workers

T o t a l................................................................ 671 532,745 29 12,806 116 61,257 17 11,756

Policy statements on safety .............................. 122 76,254 3 755 27 9,613 6 5,317

Joint safety com m ittee....................................... 353 381,917 6 1,718 42 42,085 8 5,857

Equal representation.................................... 43 34,130 2 834 4 2,883 - . —

Unequal representation................................ 286 324,602 4 884 35 33,283 6 3,939

Unable to determine representation ......... 24 23,185 — — 3 5,919 2 1,918

Inspection by safety com m ittee....................... 35 72,914 1 432 4 17,056 2 1,569

Reference to unsafe conditions ....................... 346 360,486 4 985 54 41,957 9 6,576

Union notified of accidents .............................. 130 164,930 1 432 16 6,119 3 1,946

Placement of disabled em ployees..................... 169 231,727 4 1,556 15 20,447 — —

Medical units ....................................................... 264 294,729 5 2,750 38 30,750 10 6,465

Wage Board Wage* Board and

non professional

Wage Board,

professional,

and nonprofessional

Agreements Workers

Agreements Workers

Agreements Workers

Total .................................................................. 151 126,344 305 273,295 53 47,287

Policy statements on sa fe ty .................................. 36 35,231 44 22,628 6 2,710

Joint safety com m ittee......................................... 93 86,483 178 210,643 26 35,131

Equal representation ....................................... 16 7,817 17 12,891 4 9,705

Unequal representation .................................. 69 73,777 153 194,718 19 18,001

Unable to determine representation.............. 8 4,889 8 3,034 3 7,425

Inspection by safety committee ......................... 12 22,305 13 18,690 3 12,862

Reference to unsafe conditions........................... 100 107,349 159 182,142 20 21,477

Union notified of accidents.................................. 60 82,083 45 70,717 5 3,633

Placement of disabled employees ....................... 54 84,833 84 111,799 12 13,092

Medical u n its........................................................... 72 94,972 117 127,736 22 32,056

NOTE: Nonadditive. Agreements may contain more than one safety provision.

units which included Wage Board personnel, since these 

employees are more likely to be exposed to safety 

hazards than white collar employees.

Safety policies. Of the agreements studied, 18 percent, 

triple the proportion in the 1964 study, set forth safety 

and health policies for the bargaining unit. These could 

be general statements, obligating the employer to 

establish nonhazardous conditions:

(68) The employer will exert every reasonable effort to 

provide and maintain safe working conditions and 

industrial health protection for employees.

Or they extended the obligation to seek safe working 

conditions to both the employer and the union:

(69) The hospital shall make adequate provisions for the 

safety and health of employees. The union shall 

maintain an active interest in all aspects of safety, the 

reduction of accidents, and the elimination of safety

hazards, and will encourage all employees to work in a 

safe manner.

(70) Management will exert every reasonable effort to 

provide and maintain safe working conditions and 

industrial health protection for employees. The union 

will cooperate to that end and will encourage all 

employees to work in a safe manner. It is recognized 

that each employee has a primary responsibility for his 

own safety and an obligation to know and observe 

safety rules and practices as a measure of protection 

for himself and others. Management will consider, 

from any individual employee and from any employee 

organization, suggestions which offer practical and 

feasible ways of improving safety conditions.

Clauses often contained a pledge to obey Federal and 

other laws on safety:

(71) Management agrees to make every reasonable effort 

to provide and maintain safe working conditions and 

to comply with applicable Federal, State and local

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laws and regulations relating to safety and health of 

the employees.. . .

Safety committees,. Most common were provisions 

establishing joint safety committees, which appeared in 

53 percent of the agreements studied involving 72 

percent of the workers covered. (See table 14.) Again 

this increase over 1964 is significant.

As a rule, safety committee clauses established the 

composition of the committee, described its functions 

and authority, and stipulated the frequency of meetings. 

In most instances, the two parties were represented 

unequally; that is, management representatives were in 

the majority. Apparently safety committees made up 

entirely of management personnel often existed before 

the first Executive Order on labor-management relations 

was issued. Subsequently, unions and associations were 

able to negotiate on safety matters and succeeded in 

placing one or a small number of representatives on 

these committees. As noted in table 14, the number of 

agreements providing for equal representation was relatively small.

In describing the responsibilities and authority of 

joint safety committees, the provisions appeared at times 

to be broad and vague, and their range of activities could 

not be determined by anyone not familiar with their 

actual day-by-day operations. As the following illustrate, 

the general promotion of safety programs may give an 

inexact mandate to committee members:

(72) It is a joint responsibility of the division and NFFE 

to promote the division safety program, and to insure 

the observance of safe working practices. The division 

agrees to appoint one member of the union as a 

member of the Division Safety Committee.

(73) A mutual and cooperative attitude to accomplish 

safe working conditions and to report promptly 

on-the-job injuries or accidents requires representation 

of management and representation of the employee 

organization on the safety committee. Management 

agrees that a representative of the employee organization will participate in the meetings of the safety 

committee on matters of safety policies, programs and

procedures___ The employee organization may

nominate three representatives, one from each shift to 

serve as representatives on the Security Division Safety 

Committee. When unsafe or unhealthy conditions are 

observed, they should be immediately reported to the 

cognizant supervisor in the area involved.

More specific contracts occasionally granted committees periodic or irregular safety inspection as one of their 

functions. Some clauses were explicit, and others 

implied that after inspection the committee could 

recommend changes in safety policies to agency 

management:

(74) To assist in the positive implementation of the

program, a joint Employee-Management Safety Committee will be established. The committee will consist 

of the chief, JCOO or his representative (who shall be 

the chairman), the safety officer, and two approved 

representatives from the union. The committee will 

advise on safety policy and program.

The committee and any technical safety specialists 

required, will periodically, but not less than quarterly, 

inspect the Jeffersonville Census Operations Facilities.

(75) A joint committee consisting of at least one 

member appointed by the union and an equal number 

appointed by the agency shall be formed for promoting efficiency through safety. The committee will 

convene monthly and will make necessary recommendations to the Agency in respect to correcting 

unsafe conditions discovered by the committee.

Reports of unsafe conditions will be investigated 

by the committee and a tour of inspection will be 

made when necessary to determine corrective action 

to be recommended.

(76) The Center agrees to establish a Safety Committee 

in each of the major operations and designated staff 

offices. The Center agrees that the union may have 

equal representation on each safety committee established in the major operations and staff offices. Such 

committees shall be advisory to the respective operations directors and staff office chiefs... Each committee will periodically inspect its operations or staff 

office work area and recommend changes in safety 

measures to the operations directors and staff office 

chiefs. The committee may review causes of accidents 

involving its operations or staff office and make 

recommendations for corrective action.

Some committees had the initial authority to resolve 

disputes over health and safety issues and to develop 

safety and education programs. In the second illustration, committee members were specifically guaranteed 

no loss of pay while on committee work:

(77) The agency agrees to maintain a joint union-management health and safety committee in each sector. 

The committee shall be composed of at least one 

representative of management and one representative 

of the union. The union representative shall be 

selected by the union.

The committee shall:

a. Meet as often as necessary upon request of 

either party.

b. Make periodic inspections of the facilities at 

least once every six months.

c. Make recommendations to the Chief Patrol 

Inspector for the correction of unsafe or 

harmful conditions and the elimination of 

unsafe or harmful work practices.

d. Promote health and safety education.

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All disputes and disagreements arising under the 

health and safety clauses of this contract, if not 

disposed of by the health and safety committee and 

the Chief Patrol Inspector, shall be referred to the 

Regional Commissioner for decision,

(78) There shall be established in each Payment Center a 

health and safety committee consisting of a senior 

staff or operating official, medical and/or nursing 

personnel, management services personnel, and the 

safety official. The Local shall also be represented on 

this committee. The chairman of the committee will 

be appointed by the Payment Center.

The function of this committee shall be:

1. To promote health and safety education of the 

employees in the payment centers which will 

consist of, but is not limited to, training for 

emergency evacuation of the building, training 

in first aid and the use of fire extinguishers for 

an appropriate number of employees on each 

floor.

2. To meet quarterly on designated dates-or more 

frequently when mutually agreed upon—for the 

purpose of inspecting facilities and recommending measures for the elimination or control of conditions hazardous to the health and 

safety of the employees. Recommendations will 

be presented, in writing, to the Payment 

Center.

In accordance with this agreement members of the 

health and safety committee shall be afforded time off 

from regular duty without loss of pay or charge to 

leave for the purpose of performing such duties 

provided for in this Article.

Unsafe conditions. More than one-half of the 671 

agreements studied referred to work under unsafe or 

unhealthy conditions. (See table 14.) Most provided that 

employees would not be required to work in hazardous 

areas until such unsafe conditions were corrected, or 

that employees would be given adequate protective 

equipment:

(79) No employee shall be required to work in areas 

where conditions detrimental to health exist without 

the proper personal protective equipment and other 

proper safety devices as prescribed by the applicable 

regulations. So that safe working conditions may be 

maintained, the union agrees to encourage all 

employees to observe safe work practices, wear protective equipment prescribed by the employer while 

performing assignments and report immediately to the 

appropriate supervisor any unsafe conditions or acts.

(80) No employee shall be required to perform repair 

work on any machine while it is in operation nor shall 

any employee be required to work in areas where 

conditions exist that are determined by the Safety 

Officer to be detrimental to the health and safety of an 

employee until such conditions have been removed, 

remedied, or the employee is adequately protected by 

personal protective equipment.

In a few cases, employees were urged to report unsafe or 

unhealthy conditions either to a safety committee or to 

a management representative:

(81) In the course of performing their usual duties, 

employees will be encouraged by the union to be alert 

for unsafe practices and equipment, and conditions, as 

well as environmental conditions in their immediate 

area.which represent industrial health hazards. When 

apparently unsafe or unhealthy conditions are 

observed by the employees, they shall report them to 

the safety committee or cognizant area supervisor.

In. some cases, employees were permitted to cease 

work if they believed that conditions existing on the job 

were extremely hazardous. The final decision, however, 

rested with a management official:

(82) An employee who has good reason to believe that 

conditions exist on his job which are beyond the 

normal hazards of the position and which may be 

dangerous to life and limb, may cease work and 

immediately notify his job supervisor, who will investigate the matter. If the supervisor is in doubt he shall 

assign the employee other duties pending a determination of the issue. If the employee questions his 

supervisor’s decision on the issue he may appeal to the 

next echelon of supervisors. If the question cannot be 

resolved by the supervisors it will be referred by them 

to the post safety officer for final decision.

Employees also had recourse to the grievance procedure 

if they believed that working conditions involved undue 

risks to life or health:

(83) An employee or group of employees who believe 

that they are being required to work under conditions 

which are unsafe or unhealthy beyond the normal 

hazards inherent to the operation in question shall 

have the right to file a grievance.

Several clauses provided that no employee would be 

required to perform work that earlier had been judged 

hazardous, when a safety review was in progress or 

when work did not meet Federal or agency safety 

standards:

(84) No technician shall be required by any supervisory 

official to perform work under the following 

conditions:

(a) Where the work is the subject of a previous 

protest or complaint and a safety evaluation has 

determined that the work is unsafe.

(b) Where the work is the subject of a previous 

protest or complaint and a safety evaluation has 

not been accomplished within a reasonable 

period of time.

(c) Where the work violates a published Federal 

safety directive or National Guard Bureau 

regulation.

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A few agreements safeguarded health and safety by 

establishing limits on weights to be lifted or the amount 

of physical exertion required as part of the job:

(85) .. -No employee will normally be required to lift in 

excess of 44 lbs. Assistance will be furnished, either by 

mechanical lifting devices and/or additional manpower, in lifting objects bulky in size or volume...

(86) No employee will be required to lift items or 

operate machinery or equipment which requires 

physical exertion beyond the limits specified in 

current applicable directives.

Accident reports. Nineteen percent of the agreements, 

covering 31 percent of the workers in the study, 

required notification to the employee organization of 

accidents involving members of the bargaining unit. (See 

table 14.) Most were negotiated with Defense Department agencies, especially the Navy Department:

(14) When it becomes known that an accident has 

resulted in a disabling work injury, the employer 

agrees to notify the union promptly of the 

circumstances.

(15) Employees will, if injured on the job, report or 

have same reported to their supervisor as quickly as 

possible, but not later than 48 hours. Appropriate 

accident forms will be used. Supervisors will notify 

stewards of all on-the-job accidents or injuries.

Agency tabulations on accidents could be made available 

periodically to the employee organization:

(87) Accident records pertaining to civilian employees 

shall be kept and maintained by the employer. 

Records on injury frequency and cost rates will be 

made available by the employer to the union at least 

quarterly.

Disabled employees. More than 25 percent of the 

agreements, covering almost 44 percent of the 

employees in the study, referred to the placement of 

physically disabled workers. (See table 14.) This 

provision represented a significant rise over the 1964 

study, which included only two such agreements. Most 

provisions were negotiated by bargaining units which 

included Wage Board employees.

Most clauses provided that present employees who 

become injured or, in a few cases, who contract a 

non-contagious illness would be assigned to light duty, 

consistent with their physical abilities, for limited 

periods of time or until recovered. Many allowed light 

duty only after the recommendation of a physician:

(88) Employees who have sustained an on-the-job injury 

may be assigned light duty, if such duty is recommended by his physician, subject to review by the 

Personnel Health Physician.

Some further specified that the employee would remain 

eligible for promotion while on limited duty:

(89) An employee who has been injured or 

incapacitated and able to perform limited duty will be 

assigned to such duties that he is able to perform, 

when such duty is available, until he has recovered 

from the injury or incapacitation. Employees will be 

eligible for recommendation for promotion although 

they are serving in a limited duty status.

In a similar vein, handicapped employees could be 

shifted to other operations if they could not remain in 

their present jobs:

(90) The employer shall maintain a continuing program 

for placement of handicapped employees who can 

perform needed work within their capacity, and who 

cannot be utilized in their parent shops or departments. It is recognized that in some cases of this type 

a brief period of job indoctrination may be required.

Still other agreements included pledges to hire the 

handicapped:

(91) The employer will continue to support the various 

programs which encourage the employment of 

physically handicapped individuals. It is recognized 

that such employment may require a brief period of 

job indoctrination.

Medical facilities and services. Thirty-nine percent of 

the agreements, covering 55 percent of the employees 

involved, stipulated that the employer would furnish 

medical units or services. (See table 14.) Some contracts 

provided for facilities on the site, or for a first aid unit:

(92) The Director acknowledges that it is desirable and 

in the best interests of the employees and the agency 

to provide health service or first aid facilities for the 

employees. The Director agrees to attempt to provide 

health service participation or first aid facilities as 

prescribed by Treasury Personnel Manual, 792.

(93) At any post of duty where full health facilities are 

not established, the employer shall place one fully 

equipped first aid kit, and shall appoint one qualified 

employee to maintain the kit and ‘to administer first 

aid as required.

Employees injured on the job were provided 

emergency transportation. As a rule, provisions required 

someone to accompany the sick or injured worker. In 

some cases, the choice of physician or hospital was left 

entirely to the employer’s discretion:

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(94) Prompt ambulance service and first aid to injured 

employees will be provided at all times. No injured 

employee will remain unattended while he is being 

transferred to the hospital.

(95) In case of serious personal illness occurring while 

an employee is at work, the employer agrees to 

arrange for transportation to a physician or medical 

facility. The employee will not have a free choice of 

the medical facility or physician to be used.

Transportation would become a serious problem if 

the employee and his family lived at a government 

facility that was located at some distance from adequate 

hospitals and medical treatment. In the following 

provision, both the employee and his family were 

guaranteed transportation in medical emergencies, 

according to agency regulations:

(96) The employer agrees that emergency medical 

transportation will be handled in accordance with 

Regional Handbook PC P 1500.IB which currently 

provides that:

POLICY. Where medical services available at an 

outer island location are not adequate to provide the 

necessary treatment, care, or service to an employee of 

the FAA and/or his immediate family, the FAA will 

furnish the necessary transportation or pay transportation expenses between the outer island location and 

the point where adequate treatment, care, or service is 

available, normally Honolulu, unless circumstances 

require the use of another destination. Transportation 

will be via Government carrier unless it is determined 

that immediate travel by commercial carrier is 

necessary to safeguard the life or health of the 

employee or dependent involved. Any medical treatment, care, or services at the point of destinations 

shall be at the expense of the employee unless it is 

determined that it falls within the provisions of the 

Employee’s Compensation Act.

Alcoholism, drug abuse, and mental health

Both government and private employers have in 

recent years become increasingly conscious of growing 

employee problems related to alcoholism, the use of 

drugs, and emotional instability. Not only do problems 

involve the well-being of the individual, but also the 

quantity, quality, and safety of work.

As early as 1946, the Federal Government was 

authorized to develop physical and mental health 

programs for its employees, but these matters as yet are 

rarely dealt with in collective bargaining agreements. 

Clauses relating to alcoholism are more prevalent (15 

agreements) than either drug abuse (10) or mental health 

(7). In fact, drug abuse or mental illness was usually 

referred to in provisions on alcoholism.

Approaches to any of these problems varied both in 

the detail of the clause and in the policies adopted. In 

the simplest clause, for example, a union pledged 

cooperation in an existing medical program on 

alcoholism:

(97) . . . The union further agrees to support the 

employer’s program on alcoholism. The problem of 

alcoholism is recognized as one in which both parties 

have an obligation. Therefore, the parties agree to 

counsel those employees identified as having a 

drinking problem to seek aid and medical treatment.

Other provisions dealing exclusively with alcoholism 

referred to efforts at rehabilitation. However, the 

following provision define rehabilitation as a noncost 

referral service for the alcoholic employee which 

seemingly acted as a preliminary to disciplinary action, 

should rehabilitation be refused or unsuccessful:

(98) Alcoholism and problem drinkers create a serious 

and expensive national health problem thereby 

detracting from the efficient operation of our 

economy. While SBA probably has a lesser rate of 

alcoholism and problem drinking among its employees 

than does private industry due to SBA’s selection 

process, SBA nevertheless expresses an interest in the 

rehabilitation of human resources lessened or 

destroyed in value by such alcoholism and problem 

drinking. SBA is not concerned with the private 

decision of an employee to use or not use beverage 

alcohol while in non-duty status but when such use 

impairs an employee’s work performance, attendance, 

conduct or reliability, SBA management recognizes its 

responsibility to take appropriate action. SBA adopts 

an alcoholism program which introduces nondisciplinary procedures under which an employee with 

a drinking problem is offered rehabilitative assistance.

If the employee refuses such assistance, and the 

problem drinking adversely affects the employee’s job 

responsibilities, or if the course of rehabilitation fails 

to achieve professional expectations on the job, 

regular disciplinary procedures for dealing with 

problem employees will be used. The rehabilitative 

program is one of referral and does not provide for 

SBA to pay the costs of rehabilitation. The supervisor 

should refer the employee to the Rehabilitation 

Program Officer who performs his functions under the 

Occupational Health Officer. The employee, himself, 

may voluntarily report to the Rehabilitation Program 

Officer for rehabilitative referral.

Clauses also might assign the employee organization a 

full role in devising and carrying out a program on 

alcoholism, drug abuse, or mental health:

(99) In light of the Federal Alcoholism Program 

sponsored by the U.S. Civil Service Commission, and 

in keeping with the spirit of this program and its

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values, the employer agrees to consider the feasibility 

of developing a program to assist in the rehabilitation 

of employees who suffer from chronic addiction to 

alcohol, drugs, or other addictions which render them 

physically or emotionally unable to perform normally 

assigned duties in a normal manner. If such a program 

is found to be feasible, the employer will develop such 

a program in full consultation with the union; and to 

the maximum degree possible, as determined by the 

employer, will involve the union in the subsequent 

operation of any plans or program designed to achieve 

the above purpose.

The participative role may include the development 

of a joint committee to consult and recommend policy 

and program. In the following provision, union 

representation on the joint committee, however, did not 

preclude it from protecting members of the bargaining 

unit from “personnel actions arising from alleged 

alcoholism or mental disorder” :

(100) The parties recognize that alcholism is an illness.

To assure the effective implementation of the Department’s policy on alcoholism as a problem in the work 

place of the Department as specified in Secretary’s 

Order No. 22-67, October 12,1967, it is agreed that a 

joint union-management committee, consisting of two 

representatives of the Department and two representatives of Labor Local 12 appointed to serve at the 

pleasure of their respective principals, is hereby 

created to meet at such times and places as may be 

decided by the committee.

It shall be the function of the committee to consult 

as appropriate with individuals engaged in the 

implementation of the policy on alcholism to:

1. ascertain what additional measures, if any, may 

be necessary or desirable to assure the continued efficiency and effectiveness of the 

program;

2. recommend adoption of such measures; and

3. inform the executive committee of Labor Local 

12 and appropriate Department officials, 

subject to rules of confidentiality, on the 

operation of the program.

Information received by the committee with 

respect to any individual shaU be held in the strictest 

confidence and no information shall be disclosed by 

the committee which would permit the identification 

of any individual affected by the Department’s policy.

The committee shall likewise concern itself with 

general problems of mental health of Department 

employees.

This article shall not be construed as a relinquishment by Labor Local 12 of its responsibility to 

represent an employee on request in connection with 

personnel actions arising from alleged alcoholism or 

mental disorder.

The agency’s right to take action against employees 

who are problems on the job because of alcoholism, drug

addiction, or emotional problems—usually discipline or 

separation—may be surrounded by a number of 

employee safeguards, including the right to use his own 

physician under given circumstances, to confidentiality, 

to know the reasons for the action taken, and to appeal 

rights:

(101) When there is evidence that an employee is 

physically, mentally, or emotionally unable to 

perform the duties of his position efficiently and 

safely, the Employer may refer the employee to the 

Medical Department with an appropriately executed 

form or a special letter requesting determination of his 

fitness for duty. Normally, such examinations will be 

conducted by a qualified physician attached to the 

Medical Department. If, however, the employee 

refuses to be examined by such physician or other 

Employer-designated physician, he may be examined 

by his personal physician subject to the following 

conditions: (1) The physician is board certified in the 

appropriate medical specialty and acceptable to the 

Employer: and (2) the physician submits a complete 

and detailed medical report of the examination 

directly to the Employer. If an employee refuses to be 

examined by a Medical Officer or a private physician 

board certified in the appropriate medical specialty, 

then all the facts and circumstances of the case shall 

be reviewed and, on the basis of these, the Employer 

may remove the employee from the Annex rolls.

In the event the employee’s personal physician is 

board certified in the appropriate medical specialty 

and is not acceptable to the Employer, at the 

employee’s request, the Employer will explain, in 

writing, why the physician is not acceptable. In the 

event the Employer proposes involuntary separation 

for physical, mental, or emotional disability, the 

employee will be fully informed of his rights to 

appeal. It is agreed and understood that the Employer 

may not discuss in the presence of, or otherwise 

disclose to, any fellow employee, representative, or 

person of the general public, medical information 

relating to an employee except upon consent and 

designation by the employee concerned, and then only 

to the extent permitted by applicable law and regulations of higher authority. The above does not prohibit 

proper discussion of the medical information among 

management officials and supervisors who have a need 

to know. Should a dispute in the above premises arise 

between the parties, the Employer will furnish copies 

of the applicable law and regulations to the union. The 

provisions of this section do not preclude the 

employee’s seeking guidance and advice of Union 

representatives at any step of these proceedings.

If a supervisor suspects that an employee of the 

Annex is under the influence of alcohol or narcotics, 

he will escort the employee to the dispensary. The 

supervisor will inform the employee as to why he is 

being taken to the dispensary. Before the employee is 

required to submit to a blood test or breath test, the 

Employer agrees to fully inform the employee of his 

rights. The employee shall be placed in an annual leave 

status for the remainder of the day beginning at the 

time he was first taken to the Annex dispensary.

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Differentials for hazardous duty and abnormal working

conditions

Certain jobs that are essential in some operations are, 

by their very nature, unavoidably hazardous or must be 

performed under unusually disagreeable working conditions. Since the nature of these jobs cannot be changed 

significantly, agreements which cover workers who 

perform these tasks often provide for additional 

payment.

Pay for hazardous work, such as working in towers or 

with dangerous chemicals or other materials, was 

provided for in 13 percent of the agreements, as was pay 

for abnormal working conditions, such as dirty work or 

work at extreme temperatures. (See table 15.) As with 

most safety-related provisions, nearly all eligible 

employees were in either Wage Board or in mixed units.

Clauses typically provided for premiums “in 

accordance with applicable rules and regulations” or 

“governing directives” without giving further details:

(102) The employer agrees that an environmental or 

hazard differential will be paid, according to governing 

directives, to employees who are exposed to hazards, 

physical hardships or working conditions for which 

pay differentials have been authorized.

(103) Hazardous duty pay and all other authorized 

additional premium pay rates shall be paid in 

accordance with applicable rules and regulations.

In a few cases, the employee organization could 

negotiate the extension of such payments to additional 

jobs:

(104) Hazardous work pay, dirty work pay and all other 

authorized additional rates shall be paid in accordance

with applicable rules and regulations. It is further 

agreed that the union may enter into consultation 

with the employer at any time where it is felt that a 

particular assignment falls within the scope of this 

section.

Some clauses provided additional pay unless the 

employee’s working conditions already were taken into 

account in his assigned grade or level of compensation:

(80) Employees working under conditons designated as 

hazardous by the Gvil Service Commission and Air 

Force regulations . . . will be paid hazard pay unless 

the grade of the employee’s position takes into 

account the severity of the hazardous working condition involved. The hazard pay differential established 

by these regulations shall be paid during the period an 

employee is subjected to an unusually severe hazard or 

working condition which is not usually involved in 

carrying out the duties of the employee’s position, 

provided the grading of the employee’s position does 

not take into account the severity of the hazafd or 

working condition involved.

Leave policies

Although annual and sick leave policies are set forth 

in considerable detail in the Federal Personnel Manual, 

matters relating to scheduling and forfeiture of annual 

leave and rules governing sick leave usage have 

increasingly found their way into collective bargaining 

agreements. Almost three-fourth of the agreements, for 

example, had provisions on vacation scheduling; almost 

one-third dealt with the forfeiture of annual leave; and 

almost two-thirds discussed aspects of sick leave. (See 

table 16.) These represented substantial increases over 

proportions found in the 1964 Federal agreements 

study.

Table 15. Pay differentials for hazardous work and abnormal working conditions in Federal collective bargaining agreements, 

by occupational group, late 1971

Pay differentials for

Occupation

m i i a y i e c i n e i i G )

Hazardous work Abnormal conditions

Agreements Workers Agreements Workers Agreements Workers

T o t a l........................................................................ 671 532,745 90 118,200 88 115,373

Classification Act:

Professional.................................................................. 29 12,806 1 30 1 30

Nonprofessional........................................................... 116 61,257 2 793 2 127

Professional and nonprofessional.............................. 17 11,756 1 230 - -

Wage B o a rd ........................................................................ 151 126,344 41 57,481 42 59,432

Wage Board and nonprofessional.................................... 305 273,295 44 59,510 39 51,912

Wage Board, professional and nonprofessional ........... 53 47,287 1 156 4 3,872

NOTE: Nonadditive.

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Table 16. Sick and annual leave provisions in Federal collective bargaining agreements, by agency, late 1971

Agency

Sick leave

Annual leave

Scheduling

provision

Guarantees and policies

against forfeiture

Agreements Workers Agreements Workers Agreements Workers

Total ............................................................................. 434 425,190 494 455,644 216 222,513

A g ricultu re......................................................................... 1 7 4 6,063 1 5,500

Air Force ........................................................................... 49 81,188 57 83,469 27 19,088

Arm y .................................................................................. 108 101,990 117 110,532 48 51,700

Civil Service Commission ................................................ — — — — — —

Com m erce........................................................................... 3 1,140 4 1,181 1 230

Defense............................................................................... 18 18,086 21 19,958 9 7,566

Federal Communications Commission ......................... — — 1 6 — —

General Services Adm inistration.................................... 16 7,294 19 8,433 8 4,324

Health, Education, and Welfare....................................... 7 14,087 13 15,486 5 13,805

Housing and Urban Developm ent.................................. 2 80 2 80 1 25

Information A g e n c y ......................................................... 1 2,093 — — — —

Interior............................................................................... 6 1,692 10 3,158 1 32

Justice.................................................................................. 4 9,572 4 9,577 3 9,526

Labor .................................................................................. 1 4,257 1 4,257 1 4,257

National Aeronautics and Space Adm inistration......... 5 7,130 5 7,130 1 1,600

N a v y .................................................................................... 122 116,982 124 118,085 68 70,604

National Labor Relations B o a r d .................................... 1 474 — — — —

Office of Economic Opportunity .................................. 1 803 1 803 1 803

Railroad Retirement B o a rd .............................................. 1 1,405 1 1,405 1 1,405

Selective Service S y stem .................................................. — — — — — —

Small Business Administration ....................................... 2 589 2 589 1 569

Smithsonian and Gallery of Art .................................... 2 186 2 186 - -

Soldiers' H o m e .................................................................. — — — — — —

Transportation .................................................................. 9 1,831 14 1,981 1 61

T re a su ry ............................................................................. 18 15,781 19 16,126 16 15,293

Veterans Adm inistration.................................................. 57 38,523 73 47,139 22 16,125

NOTE: Nonadditive. Agreements may contain more than one leave provision.

Annual leave. Agreements occasionally stipulated that 

the employee’s choice of vacation time, even though he 

was encouraged to use his leave in blocks of 1 or 2 

weeks, might be governed by agency work requirements:

(105) Employees shall be encouraged to take at least two

consecutive weeks of annual leave each year for 

purposes of rest and relaxation. Individual request for 

annual leave will be considered in the light of current 

and anticipated workloads___

In scheduling vacations, both employee and agency 

agreed to settle matters early in the year so that they 

would have the opportunity either to plan time off or to 

meet operational needs caused by absences. In allocating 

specific vacation dates, agencies adopted procedures 

which would minimize conflict. In most cases, vacation 

dates were initially chosen by seniority:

(106) Employees wishing to schedule their vacations in 

advance for periods of one week or more may do so in 

accordance with the following procedure:

Their requests will be submitted by April 15 of 

each year.

On May 1, supervisors will review the requests and 

notify each employee of the disposition of his request.

(107) If requested to do so by individual employees, the 

employer will schedule annual leave for vacation 

purposes of one week or more continuous duration for 

those employees who will have sufficient leave accrued 

for the purpose. Employee requests for such leave 

received before April 30 of each calendar year will be 

scheduled in accordance with individual seniority, 

based on retention credits, for the groups of 

employees with the same job classification reporting 

to a single supervisor.. . .

(108) The taking of annual leave is a right of the 

employee subject to the approval of the supervisor. 

Annual leave shall be scheduled by the supervisor, 

after contacting the employee, in order to prevent the 

forfeiture of leave. The procedures for developing 

leave schedules are as follows.. . .

The senior employee (seniority for the purposes of 

leave selection will mean length of continuous service 

in the Naval Training Center Fire Division) in each 

platoon, will choose his leave period from any section. 

The second most senior employee will do likewise; 

etc., until everyone has chosen leave periods.

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However, conflict over vacation dates might be 

resolved by discussion with the employees involved.

If unsuccessful, difficulties could be settled according 

to seniority or other factors, such as preference given 

to the employee who had school age children:

(109) . . . Insofar as possible, leave will be scheduled for

the time requested by the employee, subject to known 

work requirements. When two or more employees 

request leave at the same time, and if it is impractical 

to schedule both employees as requested, the 

supervisor will attempt to resolve the scheduling 

problem with the employees concerned. In the event 

rescheduling of leave cannot be worked out to the 

satisfaction of an employee or employees, the 

supervisor will determine what schedule to establish, 

and so advise the employee (s) affected___

(110) . . . When it is impracticable to grant all requests 

for vacation leave for a given period, consideration 

should be given to the following factors in determining 

which requests to grant, with relative weight to be 

decided by the approving supervisor:

a. Amount of leave to the employee’s credit.

b. Continuous seniority in the Baltimore Area.

c. Any other unusual circumstances.

(111) . . . In the event that more employees select the 

same summer vacation period than can be spared 

because of workload, first consideration will be given 

to employees based on length of service, using service 

computation dates, in absence of determinable 

personal hardship. Supervisors will give special 

consideration to those employees who have children 

of school age.

Situations could occur where, for personal reasons, 

the employee needed to change vacation dates. Under 

most scheduling provisions, employees could change 

dates as long as neither another employee nor the 

operation was detrimentally affected:

(112) . . . Once an employee has made his selection, he

shall not be permitted to change his selection thereby 

disturbing the choice of another employee. The 

employee’s supervisor may approve a change in selection provided another employee’s choice is not 

disturbed___

(113) . . . However, once an employee’s leave has been 

scheduled, he will not be permitted to change if such 

change will disturb the schedule of another employee 

or hamper the mission of the organization.

(114) . . . Employees may exchange periods of leave by 

mutual consent in writing and with the approval of the 

supervisor.

When the agency had to cancel an employee’s 

scheduled leave, it had to give reasons for its action.

Most frequently, an emergency had to exist, usually 

affecting the agency’s ability to run the operations:

(115) Earned annual vacation leave will be granted to 

every employee for the period requested and will not 

be rescheduled or cancelled unless for good cause. 

Such cause will be orally explained by the individual 

causing the change. Written explanation will be given 

if specifically requested by the employee.

(116) It is agreed that after a schedule of annual leave is

prepared, accepted, and posted, the leave dates for 

individual employees will not be changed except by 

mutual consent or at the request of the supervisor 

who, when making the request, will explain all the 

circumstances requiring it. The supervisor will not 

make the request except to avoid the payment of 

excessive overtime or to adequately man the job___

(117) Approved requests for annual leave will not be 

cancelled except in cases where the employer 

determines that the presence of the employee is 

necessary to assure the physical security and the fire 

protective services of the laboratory.

(118) . . . Employees will be consulted in the establishment of such a schedule and full consideration will be 

given to each employee’s preferred leave periodsf 

provided, however, that the employer shall have the 

right to make any adjustment to the schedule, or 

change the period during which any employee may 

take annual leave, due to the necessity of maintaining 

a balance of manpower and workload requirements. 

When such adjustments or changes become necessary, 

the affected employees will be given as much advance 

notice as possible.

Towards the end of the leave year, Federal employees 

may have leave available which they must use or lose, 

since the maximum number of annual leave days that 

may be carried over from year to year is set by 

legislation. Potentially, conflict can arise between an 

agency manager who does not want to see his operations 

impaired because of too many employees taking leave, 

and employees who do not want to lose their earned 

leave. Nearly one-third of the agreements covering over 

two-fifths of the workers in the study contained a 

guarantee against forfeiture of leave. The guarantees 

were short and relatively uniform in language:

(119) Annual leave schedules will be established before 

the end of January each year. All employees will be 

given an opportunity for a reasonable vacation and to 

use all leave which cannot be carried over to the next 

leave year.. . .

(120) Annual leave shall not be denied if it would result 

in forfeiture of accumulated leave.

Sick leave. As with annual leave, the use and accumulation of sick leave are subject to Federal regulation.

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However, the collective bargaining contract can clarify 

how sick leave is to be used by employees and 

administered by agencies. Provisions, therefore, include 

topics such as (1) the kind of absences for which sick 

leave can be used; (2) abuses of sick leave and means of 

control; and (3) advancement of sick leave.

Several agreements reflect in their own language 

existing Federal and agency rules defining acceptable 

reasons for sick leave:

(121) Sick leave may be approved when requested 

reasonably in advance for medical, dental, or optical 

examination and/or when a member of the employee’s 

immediate family is affiliated with a contagious 

disease and requires his care. It may also be approved 

when through exposure to contagious disease the 

presence of the employee at work would jeopardize 

his fellow employees.

Clauses usually required employees to supply medical 

certificates for sick leave which extended beyond a given 

number of days:

(122) Employees shall be required to furnish acceptable 

evidence to substantiate a request for approval of sick 

leave if such leave exceeds three consecutive 

workdays.

More clauses discussed abuses o f sick leave. In some 

cases, union cooperation was elicited:

(123) The union agrees to encourage all employees of the 

unit to conserve their sick leave, explaining the 

insurance value of accrued sick leave. The union 

further agrees to emphasize that sick leave should only 

be taken in bona fide cases.

More often, however, evidence of sickness was 

required from those held to be abusing sick leave, often 

coupled with the statement that such exceptional 

requirements could be waived after a subsequent review. 

As a rule, employees required to supply medical certificates for any absence for illness would receive written 

notice from the agency:

(124) The employer agrees that employees will not be 

required to furnish a physician’s certificate to 

substantiate a request for approval of sick leave unless 

such sick leave exceeds three (3) work days of 

continuous duration, except in individual cases if there 

is a good reason to believe that the employee is 

abusing sick leave privileges. In such cases, the 

employee will be advised in writing that because of his 

questionable sick leave record, a medical certificate 

will be required for any subsequent absence because of 

sickness. The written notification will explain fully 

why the employee is suspected of abusing sick leave. 

Such written notice will be given the employee in 

duplicate.

It is agreed by both parties that all such cases 

requiring a physician’s certificate for such absence will 

be periodically reviewed by the Division or Service 

Chief for the purpose of determining whether such 

requirement may be eliminated. Such review will take 

place at least each three (3) months.

(125) A doctor’s certificate is required for absences over

three full days. In cases where the supervisor has good 

reason to believe that an employee is abusing the use 

of sick leave, or in case of frequent use of sick leave, 

he may issue the employee a written notice that he 

must furnish a medical certificate to support any 

subsequent periods of absence due to illness. These 

notices will be reviewed by the Department Head six 

months after issuance. In exceptional cases, the 

supervisor may request a medical certificate at the 

time the employee calls in___

Employees calling in sick on the day immediately 

prior to planned annual leave and immediately 

following planned annual leave will be expected to 

furnish a doctor’s certificate for those days.

(126) It is further agreed that all cases requiring a

doctor’s certificate for sick leave absences of 3 

working days or less shall be reviewed at the end of 6 

months from date of issue of letter to determine 

whether such a requirement can be eliminated. When 

it has been determined by the employer that the 

certificate is no longer necessary the employee shall be 

notified in writing___

When abuse was clearly proved, the employee was 

subject to disciplinary action:

(127) . . . An employee found to have abused the sick 

leave privilege, including misrepresentation or falsification, shall be subject to disciplinary action.

Sick leave provisions often defined the conditions 

under which employees, suffering from prolonged 

illnesses or injuries, could apply for advanced sick leave. 

The nature of these clauses reflects agency problems 

with employees who have severed employment before 

sick leave advances had been paid back:

(128) Sick leave not to exceed 30 days may be advanced 

in cases of serious illness or disability. Sick leave shall 

not be advanced to an employee holding a limited 

appointment, of expiring on a specific date, in excess 

of the amount to accrue during the remainder of the 

appointment. Sick leave shall not be advanced to an 

employee with a chronic illness or to an employee 

known to be contemplating separation by retirement 

or resignation. In all cases, there should be reasonable 

expectation of return to duty as a prerequisite to 

advance sick leave. Advance sick leave will not be 

granted in maternity cases.

. . . Before requesting advance sick leave, 

employees will be required to have their annual leave 

accrual applied to advance sick leave indebtedness

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until such time as the advance sick leave is liquidated. 

The union recognizes that the Center has the final 

authority for the approval of advance sick leave.

(129) . . . A written request by an employee for an

advance of sick leave, not to exceed 30 days, 

accompanied by medical evidence of incapacity to 

perform duties will be granted if the following 

conditions are met:

a. Employee has a career-type appointment.

b. Employee has sufficient retirement credits to 

cover repayment of the requested advanced sick leave.

c. The employee has not been warned in writing 

by his supervisor of sick leave abuse within the 

previous 12 months.

d. Employee furnished a medical doctor’s written 

indication of returning to work at his regular duties on 

a continuing basis, at the expiration of the period 

covered by the advance.

Civic responsibilities

Significantly more contracts regulated jury duty, 

voting time, and charity drives in 1971 than in the 

Bureau’s earlier study of Federal agreement provisions. 

Thirty-six percent of the agreements contained voting

provisions and 35 percent jury duty clauses in 1971 

compared to approximately 15 percent each in 1964; 

and 30 percent contained clauses concerning charity 

drives in 1971 compared with less than 5 percent in 

1964. (See table 17.)

Jury duty. Provisions dealing with jury duty and court 

witness pay generally covered notification and certification of jury duty, safeguards against loss of pay and the 

transfer of jury fees to the agency, and return to work 

on partial days of duty. Almost two-thirds of the clauses 

were concentrated in Army and Navy installations.

Most provisions required employees to notify 

supervisors as soon as possible after being summoned so 

that interruption of normal operations would be 

minimized. By the same token, jurors dismissed after 

part of a day could be required to return to work or to 

be on annual leave:

(130) When an employee is subpoenaed for jury service, 

he will promptly notify his supervisor in order that 

arrangements may be made for his absence from 

scheduled duty. It is agreed that when an employee is 

excused from jury service for one or more days, or for

Table 17. Civic responsibility provisions in Federal collective bargaining agreements, by agency, late 1971

Civic responsibilities

Agency Court leave (jury duty) Voting Charity drives

Agreements Workers Agreements Workers Agreements Workers

Total ............................................................................. 232 251,410 242 292,450 203 245,581

A g ricultu re......................................................................... — — — _ 1 7

Air Force ........................................................................... 26 43,422 25 64,313 31 68,577

Army .................................................................................. 68 69,376 67 74,420 53 57,182

Civil Service Commission ................................................ — — — — — —

Commerce........................................................................... 1 230 2 283 1 230

Defense............................................................................... 8 6,238 7 5,156 9 12,043

Federal Communications Commission ......................... — — — — — —

General Services Adm inistration.................................... 3 1,159 4 1,756 4 399

Health, Education, and W elfare....................................... 5 13,805 7 13,904 1 727

Housing and Urban Developm ent.................................. 1 25 1 25 — —

Information A g e n c y ......................................................... — — — — — —

Interior............................................................................... 3 2,362 2 982 1 32

Justice.................................................................................. 1 1,167 2 5,168 1 4,358

Labor .................................................................................. 1 4,257 1 4,257 — —

National Aeronautics and Space Adm inistration......... 4 3,182 6 7,325 3 3,124

N a v y .................................................................................... 78 87,007 81 88,615 64 73,241

National Labor Relations B o a r d .................................... — — — — — _

Office of Economic Opportunity .................................. — — — — 1 803

Railroad Retirement B o a rd ............................................. — — — — _ —

Selective Service S y ste m .................................................. — — — — — _

Small Business Administration ....................................... 1 569 1 569 _ _

Smithsonian and Gallery of Art .................................... — — — — — _

Soldiers' H o m e .................................................................. — — — — 1 186

Transportation .................................................................. 6 1,102 7 1,580 1 8

T re a su ry ............................................................................. 4 3,775 13 13,001 14 13,363

Veterans Adm inistration.................................................. 22 13,734 16 11,096 17 11,301

NOTE: Nonadditive

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that period of any day that would permit him to 

return to duty for as much as two hours of his normal 

workday (without undue hardship), the employee will 

return to duty. If the employee does not return to 

duty under these circumstances, he will request leave 

from his supervisor for the period to be absent.

Clauses also guaranteed continued pay while on jury 

service. Some, however, prohibited the employee from 

taking annual leave while on such service so as to obtain 

regular pay and jury fees, as in the first illustration. All 

required certification of the time spent in court:

(131) Court leave is an authorized absence without 

charge to annual leave or loss of pay allowing an 

employee to serve as a witness in behalf of the U.S. 

Government or for jury service in any court. Such 

employees may not elect to take annual leave during 

the period of jury service in order to retain fees for 

such service... Upon completion of court leave, a 

statement showing number of days served will be 

obtained from the Clerk of the Court and forwarded 

to the Accounting Section.. . .

(132) An eligible employee will be excused when he is 

called for jury duty or jury qualification, and the 

employer will pay at his basic rate for the time 

necessarily lost from his normal work schedule for 

such purposes.. . .

. . . The employee will present the employer with a 

signed jury service card or other satisfactory evidence 

of the time served on such duties.

In addition to certification, clauses always stipulated 

that all court fees had to be turned over to the agency. 

In the following provision, the employee could deduct 

expenses incurred because of his service:

(133) When a regular permanent employee is under 

summons to serve on a jury, or to qualify for jury 

service, time lost from his normal work schedule for 

the purpose will be charged to court leave and the 

employer will pay him in accordance with applicable 

regulations.

When an employee is subpoenaed for jury service, 

he shall promptly notify his supervisor in order that 

arrangements may be made for his absence from 

scheduled duty. It is agreed that an employee excused 

from jury service for one or more days or for any 

portion of a day which would permit him to return to 

duty for as much as three (3) hours of his normal 

workday without undue personal hardship, shall 

report to the employer for duty or be charged annual 

leave if due and accrued.

The employee will present to the employer a signed 

jury service certification or other satisfactory evidence 

of such service immediately upon return to duty 

following his release from jury service.

An employee on court leave for jury service in a

Federal court may not receive jury fees. An cmployecr 

on court leave for jury service in a state or municipal 

court will collect all fees and allowances due; 

immediately upon return to duty he will deliver this 

sum, less any appropriate amount paid to reimburse 

him for personal expenses incurred in performing such 

jury service, to his supervisor in the form of cash or 

check, together with the certification of jury 

service... The supervisor will forward the summons, 

certificate and fees to the Navy Finance Office for 

accounting and disposition.

Voting. As a rule, agreements referring to time off for 

voting repeated rules already established in personnel 

regulations. As with other provisions repeating existing 

regulations, these tended to remind management and 

employees of rights to be exercised. Some provisions 

were very general, although others were more specific:

(134) When a vessel is in American port on an election 

day, employees who are qualified registered voters 

shall be afforded an opportunity to vote in accordance 

with Federal government personnel policy.

(135) Excused time will be given to eligible employees to 

vote in National, State or municipal elections or 

referendums consistent with applicable Federal rules 

and regulations. In this connection, eligible employees 

will be excused, without charge to leave for the 

purpose of voting, for a period that will enable them 

to vote, but not to exceed three hours after the polls 

open or three hours before the polls close, whichever 

will cause the lesser period of absence from their 

employment.

A few delineated, in great detail, exceptions to the 

general rule on voting leave, as stipulated in government 

regulations. The following provision, for example, 

allowed for additional time off under a number of 

circumstances for voting and registration:

(136) . . . In the event of exceptional circumstances 

where the general rule as described in paragraph (a) 

above does not allow an employee sufficient time to 

vote, such employee may be excused for such 

additional time as may be needed to enable him or her 

to vote, depending upon the particular circumstances 

involved in his particular case, but such time shall not 

exceed a full day.

Should an employee’s voting place be located 

beyond a normal commuting distance or when 

absentee ballot is not permitted or requires the voter 

to personally appear to obtain and/or cast such 

absentee ballot on other than non-working days, such 

employee may be granted sufficient time off in order 

to be able to make the trip to the voting place to cast 

his ballot. However, an employee’s time off for this 

purpose in excess of one (1) day shall be charged to 

annual leave, or if annual leave is exhausted, then to 

leave without pay.

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The employer further agrees that for an employee 

who votes in a jurisdiction which requires registration 

in person, such employee may be granted time off to 

register on substantially the same basis as for voting, 

except that no such time shall be granted if 

registration can be accomplished on a non-workday 

and the place of registration is within reasonable 

round-trip travel distance of the employee’s place of 

residence. (FPM Supplement 990-2, Book 630 

SI 1-2(4).

Qiarity drives. Provisions referring to charity drives 

typically included two features. The first was a unionmanagement pledge to cooperate in authorized charity 

drives, and the second was an employee safeguard 

against management pressure to contribute or the 

amount of the contribution made by the employee:

(137) The employer and the Council mutually agree that 

the employees in the unit will be encouraged to 

participate in charity drives endorsed by higher 

authority for solicitation on the Station. In no 

instance shall the employer or the Council exercise 

undue pressure on an employee to contribute to a 

charity to which an employee does not wish to 

contribute nor will any reprisal action be made against 

an employee who refrains from contributing.

(79) The employer and the union agree to encourage 

civilian employees to contribute to worthwhile 

charitable organizations as participating citizen# in the 

communities in which they work and reside.

The union agrees to cooperate with the employer 

in fund-raising programs conducted in accordance with 

the Federal Personnel Manual or fund raising within 

the Federal Service for voluntary health and welfare 

agencies and by current DSA regulations.. . .

The employer will insure that lists of contributions 

of persons are used only as a routine control measure 

for collecting and forwarding contributions. The 

employer will insure that they are not used for 

supervisory consideration or discussion of a 

contributor’s gift.

Occasionally clauses set forth rules which the fundraising process had to follow:

(104) The employer and the Union recognize that local 

and national health, welfare and emergency relief 

organizations depend largely upon voluntary contributions for successfully achieving their objectives, and 

encourage employees as individual citizens and as 

members of a community to contribute voluntarily to 

worthwhile organizations as part of their personal 

responsibility as citizens. To the end that campaigns 

shall be conducted in the spirit of true voluntary 

giving, the employer agrees that:

a. “Fair Share” suggestions may be used for

guidance and education, but the assignment of a dollar 

quota to an individual employee is prohibited.

b. When envelopes are used, each individual who 

desires to keep his gift private may use any envelope 

of his choice without his name being placed thereon 

unless he elects to do so.

c. Supervisors will not solicit subordinates.

d. Normally, civilian personnel will be solicited by 

civilians and military personnel will be solicited by 

military personnel.

e. Coercion, either overt or implicit, shall not be 

practiced by collectors, supervisors, or other 

personnel.

Personnel actions

Federal agreements contain a number of provisions 

which spell out personnel matters that are already 

covered in agency and Civil Service Commission 

regulations. Most of these provisions applied to Wage 

Board employees. These clauses specifically involved 

p ro m o tio n s, dem otions, reduction-in-force, job 

descriptions and discipline, and in some instances 

detailed the union’s role.

Promotions. Sixty-five percent of the agreements 

studied contained procedural rides governing promotions 

compared to 22 percent in the Bureau’s 1964 study. 

(See table 18.) Wage Board employees were more 

frequently covered under agreements in the sample than 

other Federal employees. Army, Navy, and VeteransAdministration contracts accounted for almost twothirds of the agreements. The rules varied in content and 

sometimes were lengthy and detailed.6 In general they 

touched upon a number of areas of concern to 

employees, including notice, safeguards against discrimination, union participation in the procedure, the rights 

of nonselected candidates to receive explanations concerning the reasons they were not selected, and the right 

to grieve, if dissatisfied.

Notice requirements could establish the content and 

time limit of announcements and could thereby affirm a 

policy of promotion from within. In addition to time 

limits, some contracts also stipulated that absent 

employees would receive notice of promotional 

opportunities:

(138) Baltimore District vacancy announcements for 

promotions will be posted for ten working days on all 

Baltimore District bulletin boards.

(139) To maintain the high morale of the U. S. National 

Zoological Park Police, it will be the policy of the 

employer to promote its own qualified employees,

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Table 18. Promotion and demotion policies in Federal collective bargaining agreements, by occupational group, late 1971

Occupational group

All

agreements

Provisions on promotion

Demotion policies

specified

Procedures

specified

Union role

specified

Reference to

temporary promotion

Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o t a l....................... 671 532,745 435 397,716 145 140,286 238 232,042 31 37,045

Classification Act:

Professional................ 29 12,806 12 4,912 3 680 6 1,884 — —

Nonprofessional......... 116 61,257 65 38,597 15 6,425 24 7,617 5 3,000

Professional and

nonprofessional . . . 17 11,756 10 8,563 2 2,218 6 3,824 - -

Wage B o a rd ....................... 151 126,344 113 110,799 39 41,994 70 86,499 11 16,290

Wage Board and

nonprofessional......... 305 273,295 199 198,913 71 76,670 115 113,704 13 16,469

Wage Board, professional

and nonprofessional .. 53 47,287 36 35,932 15 12,299 17 18,514 2 1,286

NOTE: Nonadditive

thus rewarding their ability, years of dedicated service, 

and devotion to duty.

All position vacancies at the sergeant level in the 

unit will be posted on all bulletin boards for a 

minimum of ten (10) days with the information of 

such vacancy to include:

1. Title and grade.

2. Qualifications required.

3. Where applications should be sent.

4. Gosingdate.

(140) Positions to be filled by promotion method shall be

publicized by means of written notice and will provide 

for a period of at least six workdays during which 

applications may be filed. The employer will make 

every reasonable effort to notify qualified employees 

absent from Supply Depot, Boston of existing promotion opportunities___

Notice provisions also could safeguard employees 

against discrimination and detail other procedural 

requirements, including union assistance in distributing 

vacancy announcements*

(141) Merit staffing will be administered as simply and 

efficiently as possible, without personal favoritism, 

and in such a way as to develop employee confidence.

Notices of vacancies to be filled by competitive 

merit promotion will be posted on bulletin boards for 

a minimum of one week.

Notice of entrance level positions for which 

sustained recruitment outside of USIA is undertaken 

will also be posted so that present employees who 

wish to be considered for such jobs may file 

application.

An employee’s present grade, occupational series, 

or pay category (GS or WB) will not in itself be a 

cause for disqualification for any vacancy in a higher 

level position if the candidate otherwise has the 

qualifications to fill such a position.

A supervisor is expected to interview all candidates 

certified except where the supervisor is already 

adequately acquainted with the candidates.

(142) It shall be the policy of both management and the 

union to assure that employees are selected to fill 

position vacancies without discrimination for any 

reason such as sex, race, age, religion or politics. 

Further, every effort will be made to promote 

employees from within the unit whenever they are 

referred among the best qualified candidates available 

for the position. Additionally, it shall be the intent of 

this Memorandum of Agreement to encourage career 

development of and by employees that will assist them 

in obtaining career advancement within the Federal 

service.

The employer agrees that all position vacancies in 

the unit, except those vacancies filled by actions not 

subject to competition under the Base Merit 

Promotion Plan, will be publicized in the Hanscom 

Bulletin and the Hansconian. Applications will be 

accepted for a period of five working days from the 

original date of the issuance of the Hanscom Bulletin 

in which the vacancy announcement appears. 

Employees will follow filing instructions contained in 

each announcement. Extra copies of the Hanscom 

Bulletin (limited to 25 copies) will be made available 

to the Union for distribution to the Union shop 

stewards.

One-third of the agreements with promotion

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procedures provided for various types of union participation. (See table 18.) Some gave the union a voice in 

setting policy, often by means of a joint committee:

(143) It is agreed that the VA Hospital will consult fully 

with the Union on the present promotion policy and 

any revisions of same.

(144) It is agreed that within 30 days after the signing of 

the supplemental agreement a committee will meet to 

review, revise and draw up a new promotion policy.

The Promotion Policy Committee will consist of 

two (2) members appointed by the Director and two

(2) members appointed by the union.

It is agreed that the promotion policy developed by 

the committee shall become effective after approval 

by the Hospital Director and published not later than 

sixty (60) days after date of completion of study.

Other provisions permitted the union to appoint one 

of the members of an ad hoc panel created to rank 

employees who had applied for a promotion. Such 

appointments, however, were subject to agency approval 

or selection:

(145) It is agreed that a ranking panel consisting of three

(3) members shall be appointed to evaluate the 

experience and qualifications of employees who make 

application for job openings in the unit. The ranking 

panel shall be composed of one (1) member appointed 

by the union and two (2) members appointed by the 

employer. This committee shall be assisted by a 

personnel specialist qualified in the ranking process. 

The appointee of the union shall be from the same 

trade or craft family at the same or higher level as the 

position for which the candidates are being evaluated. 

Such appointments by the union shall be subject to 

confirmation by the employer. Should instances arise 

whereby the employer does not, for reasonable cause, 

confirm appointments made by the union, the union 

shall be advised by the employer, and agrees every 

reasonable effort will be made to make panel rating 

member appointments that are considered by both 

parties to be best qualified to perform such duties.

(146) One of the members of the Panel of Rating 

Examiners who will assist in evaluating the experience 

and training of applicants for promotion to positions 

within the unit will be appointed from among the 

employees of the unit. The union shall nominate 

qualified unit employees to serve as Rating Examiners. 

Lists of at least five names will be submitted to the 

employer. The employer will select one Panel Rating 

Examiner for each panel from these lists.

In addition, in a few cases the union also had the 

right to suggest ranking standards which, if rejected by 

the agency, required a written explanation to the 

employee organization of the reasons for such action:

(147) .. .Higher grades will be rated by a panel of three 

consisting of: one personnel representative; one 

member of the gaining primary organization (other 

than the selecting supervisor) who is at least one grade 

higher than the vacancy being considered, if available; 

and one subject matter specialist from another 

organization who is at least one grade higher than the 

vacancy being considered, if available. One of the 

members other than the personnel representative may 

be nominated by the Union subject to approval of the 

personnel officer. Each member will carry full voting 

rights and will hold panel actions in confidence.. . .

The Professional Staffing and Examining Branch, 

Personnel Office, will advise the union president (or 

subordinate officers in the order of their availability) 

of pending announcements and the names of selecting 

officials immediately upon receipt of official 

information that a vacancy announcement will be 

required. The union has the right to recommend for 

the selecting officials’ consideration ranking criteria 

and weights to be assigned to each factor. The 

recommendation or a statement of “no input” must 

be submitted in writing to the selecting official within 

three (3) working days. Selecting officials must 

document their reasons in Merit Promotion Plan 

records whenever Union recommendations are not 

accepted.

To prevent giving an advantage to one employee over 

another by detailing him to a job which would provide 

the experience needed for promotion, provisions could 

require that details expected to last for a specified 

duration would also have to follow competitive rules:

(18) An employee completing a long-term detail to a 

higher grade position may be promoted to the 

principal position provided his selection for the detail 

was accom plished competitively. Competitive 

procedures normally will be followed in selecting 

employees for detail to higher grade duties expected 

to last three months or longer. In addition, in all cases 

where experience resulting from details would be 

qualifying for later promotion within the installation 

competitive procedures will be followed. When 

competitive procedures are not used in effecting 

details, all qualified employees in the immediate 

organization, as a minimum, will be given equal 

consideration by the responsible supervisor.

(148) Upon request of an individual employee who had 

been referred for a promotional vacancy, the selecting 

supervisor will advise the unsuccessful applicant of the 

reasons for his non-selection. Competitive employees 

will be advised by management as to area(s) in which 

the employee should improve in order to better the 

future chances for promotion.

When it is determined that a detail to a higher 

position is to exceed sixty days, the employee will be 

temporarily promoted under merit promotion 

procedures. (FPM 335 and 337)

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Details shall not be used to give one employee an 

advantage over other employees when it comes to a 

promotion.

It is agreed that all details shall be in writing.

When the detail was for a stipulated time, over 

one-half the agreements with promotion procedures 

required temporary promotion of—or the payment of 

wages at the higher grade to—the employee whose 

permanent grade was lower (See table 18). Clauses could 

specify the length and appropriateness of a temporarypromotion as well as rotation of assignments on details 

to forestall competitive advantages:

(37) Temporary promotions are appropriate for the 

following types of situations.

a. to fill a position during the extended absence of 

the permanently assigned incumbent,

b. to fill a vacant position pending completion of 

the competitive selection process to fill the vacancy on 

a permanent basis.

The maximum period for which a temporary 

promotion may be made on a non-competitive basis 

will be one hundred twenty (120) days. Extensions 

beyond one hundred twenty (120) days or initial 

temporary promotions for a longer period will be 

effected through the competitive procedures of the 

Fort Ord Merit Placement and Promotion Program.

A temporary promotion will be made effective on 

the first pay period following a determination that all 

regulatory requirements have been met. It will continue for the duration of the temporary requirement 

unless terminated earlier for valid management or 

regulatory reasons. In no case may a temporary 

promotion be made retroactively effective.

Nothing in this article will preclude the use of 

details to positions of higher grade either pending 

completion of procedural requirements for temporary 

promotion or in the event regulatory requirements are 

not met by the employee involved.

Repetitive temporary assignments to higher level 

duties will not be given to the same employee in such 

a manner as to circumvent normal competitive 

requirements.

Some agreements provided that unsuccessful 

employees be told of the reasons for their nonselection:

(149) A supervisor interviewing promotion candidates 

must advise them orally or in writing of his final 

selection. Upon employee’s request, selecting 

supervisors must advise them, in writing, of the basis 

for their non-selection.

Still others stipulated that the supervisor might talk with 

the employee about those factors which prevented his 

selection, but the supervisor was not required to explain 

his choice of a particular employee:

(150) It is agreed that when requested, the employee’s 

supervisor shall assist those employees who are 

qualified but not selected in identifying any weaknesses or deficiencies, as a guide to their efforts 

toward self-improvement. However, supervisors are 

not required to justify their selection decisions to 

unsuccessful candidates. It is further understood that 

counseling service regarding opportunities for selfdevelopment is available through the Industrial 

Relations Officer and his staff.

As a rule, the employee could grieve if he felt that 

promotion procedures were not complied with, but he 

could not bring a complaint based upon nonselection 

from the list of best qualified candidates:

(151) Upon his request, an employee candidate for 

promotion who is not selected will be given an 

explanation by the selecting official of the reasons 

why the successful candidate was selected. An 

employee who believes that merit promotion 

procedures were not correctly followed in filling a 

particular position or who believes that his qualifications were not evaluated properly in determining 

eligibility for consideration may follow approved 

Department of the Army or union-management basic 

agreement grievance procedures. However, a grievance 

will not be entertained when it is based solely on 

nonselection from among the best qualified 

candidates.

(152) A nonselected employee has the right to know 

whether he was on the list of eligibles and whether he 

was on the best-qualified list. If the employee believes 

he was improperly excluded from the list of eligibles 

or the best-qualified list, he may request a review of 

the procedures followed in his case. If he chooses the 

Union to review his case, he must make his request to 

the Union in writing within 5 days of the posting of 

the announcement of the promotion. As a part of the 

informal review procedure, the Union President, a 

Vice-President, or a Union representative designated in 

writing by the President for a particular audit(s) will 

be entitled to review the procedures followed in 

preparing the list of eligibles and/or to review the 

promotion committee’s action in preparing the bestqualified list. The selecting officer or his representative 

may participate in the audit.

If the question cannot be resolved through the 

informal review procedure stated above, the 

employee may make a formal complaint under the 

Department’s grievance procedures or through the 

union negotiated grievance procedure.

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The selection of one candidate over another from a 

best-qualified list is not subject to employee review 

under the procedures described above. The selecting 

officer will choose the best-qualified candidate, based 

on his judgment as to which of the candidates is best 

suited to successfully perform the duties of the 

position.

Demotions. Only about 5 percent of the agreements, 

covering about 7 percent of the employees in the study, 

referred to demotions. (See table 18.) This rarity results 

from their status as by-products of other occurrences 

which are subject to agency and civil service rules, such 

as layoffs,7 reclassification of jobs, and adverse actions. 

The provisions which do exist usually contain safeguards 

against arbitrary or unjust demotion and preferential 

treatment for upgrading to the employee’s former level.

Some contracts prohibited arbitrary demotion, or 

called for discussions with the employee and his 

representative:

(153) The employer agrees that cases of demotions which 

result from gradual changes in duties over a significant 

period of time by planned or deliberate action by 

Management will be made according to the principles 

contained in the reduction-in-force regulations. It is 

also agreed that arbitrary downgrading of positions to 

meet fiscal limitations is prohibited.

(154) An involuntary downgrading of an employee other

than for personal cause shall be discussed with the 

union when such action is contemplated by the 

employer. When formally proposed, the matter will be 

discussed with the employee and he may be 

represented by the union during such discussion, if he 

so desires___

Demoted employees received preferential treatment for 

vacancies before any announcements would be made if 

they had been demoted for reasons other than “personal 

cause” and were qualified to fill the vacancy:

(155) Employees who have been demoted for any reason 

other than for personal cause must be considered for 

repromotion to their former position without competition before announcing the vacancy under the 

Merit Promotion Program. Such employees may, if not 

selected, compete for promotion in the usual manner.

(156) The employer agrees to observe job protection 

rights of employees who are demoted and shall in no 

case recommend the demotion of an employee except 

for such cause as will promote the efficiency of the 

service.

Employees demoted without personal cause are 

entitled to special consideration for repromotion. 

Ordinarily, they should be repromoted when vacancies 

occur in positions at their former grades (or any

intervening grades) for which they have demonstrated 

they they are well qualified, unless there are sound 

reasons for not doing so. Consideration of employees 

eligible for repromotion under these conditions must 

precede efforts to fiU the vacancies by other means, 

including competitive promotion procedures.

An employee may be considered for demotion into 

a vacant position at his request.

Reduction-in-force. The decision to reduce the size of 

the work force, like many other personnel policies in the 

Federal Service, is the responsibility of the agency. To 

help determine which employees are to be laid off, the 

agency has guidelines contained in the Federal Personnel 

Manual. However, the agency’s free hand has been 

constrained to some degree by Executive Ofder 11491, 

which provided a role for employee organizations by 

allowing the parties to negotiate “... agreements 

providing appropriate arrangements for employees 

adversely affected by the impact of realignment of work 

forces or techological change.”8

By late 1971, 57 percent of the agreements studied 

set forth the employee organization’s role in reductionsin-force situations, compared to 15 percent in 1964.

(See table 19.) Most of those provisions were included in 

contracts for defense agencies, which make force adjustments more frequently than do any other agency.

As a rule, negotiated provisions required management 

to notify the employee organization about upcoming 

layoffs. A few provided that the notice be given at the 

time the layoff was to start. Such action, in effect, 

reduced the employee organization to a passive role, 

unable to act effectively for its members:

(157) Management shall inform the union at the time it 

institutes any reduction-in-force action affecting unit 

employees.. . .

More frequently, the employee organization received 

advance notice. Some clauses left open the amount of 

advance notice that had to be given and often called for 

warnings at the earliest possible moment. It opened the 

possibility, however, of a less passive role for the 

employee organization. The time it gained could be 

utilized to inform its members of the coming layoff, and 

perhaps to minimize the effect upon employees:

(158) The employer shall inform the union of the reasons 

requiring actions to be taken under reduction-in-force 

procedures prior to issuance of individual notices to 

the employees. The union, in turn, agrees to promote 

understanding and acceptance of necessary reductionin-force actions. The employer and the union shall 

work toward minimizing the adverse impact of such 

action.

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Table 19. Reduction-in-force provisions in Federal collective bargaining agreements, by agency, late 1971

Reduction-in-force provisions

Agency

Union role Bumping

Employee may elect

demotion Reemployment

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 380 399,744 98 109,720 115 140,377 246 272,689

Agriculture.................................................. 2 56 _ _ _ _ 1 49

A ir F o r c e .................................................... 51 83,549 10 17,578 8 50,147 39 75,228

A r m y ........................................................... 100 105,096 .2 3 27,785 19 16,402 56 60,029

Civil Service Com m ission......................... — — — — _ — — _

Commerce .................................................. 2 1,130 1 230 — — 2 1,130

Defense ....................................................... 17 18,986 3 2,150 1 1,102 10 10,023

Federal Communications Commission . — — — — — — — —

General Services Adm inistration.............. 15 6,330 3 454 — — 5 1,302

Health, Education, and Welfare................ 7 14,996 2 264 1 198 3 304

Housing and Urban Development........... 2 80 - —• - — 1 25

Information A g e n cy .................................. — — — — — — — —

Interior ......................................................... 6 982 1 32 — — 3 1,675

Justice ......................................................... 3 9,526 — — 2 5,168 2 5,168

Labor ........................................................... 1 4,257 - — — — —

National Aeronautics and Space

Administration .................................... 5 7,138 1 187 3 2,995 6 7,325

N a vy ............................................................. 116 108,681 38 50,127 56 50,769 88 89,717

National Labor Relations B o a rd .............. — — — — — — — —

Office of Economic O p p ortu n ity............ - — - — — — — —

Railroad Retirement Board ..................... 1 1,405 — — — — — _

Selective Service System ........................... — — — — — — — —

Small Business Adm inistration................ 1 569 — — — — — —

Smithsonian and Gallery of A r t .............. — — 2 186 — — — —

Soldiers' H o m e ........................................... — — — — — — — —

Transportation........................................... 5 251 3 184 4 1,034 5 1,095

Treasury....................................................... 12 12,196 2 3,625 1 85 3 3,710

Veterans Administration ......................... 34 24,516 9 6,918 20 12,477 22 15,909

NOTE: Nonadditive.

(159) The employer agrees to notify the union of any 

reductions in force as far in advance of notifications to 

the affected employees as is possible. The information 

to be furnished the union will be the competitive 

levels initially affected, the number of employees 

involved, the proposed affective date and the reasons 

for the action.

(160) The employer agrees to notify the union of the 

necessity for a reduction-in-force (RIF) as far in 

advance as practicable and of the reasons therefore 

whenever involving more than one (1) competitive 

level and/or effecting probably separation or displacement of lower standing employees. The employer 

further agrees to make a reasonable effort to avoid or 

minimize a reduction-in-force by adjusting the work 

force through methods provided by regulations.

(161) The employer agrees to notify the union of 

proposed reduction-in-force as far in advance as 

practicable giving the number of employees and 

competitive levels to be affected, the date action is to 

be taken, and the reasons for the reduction-in-force.

municating to employees the reasons for any 

reductions-in-force.

In a few cases, the clauses stipulated how far in 

advance the notice had to be given. They could also 

require agency and union to meet in order to discuss 

what could be done for affected employees. In the 

following clause, note also that the notice provision 

applied only when layoffs affected a given number of 

employees:

(57) The employer agrees to notify the union 60 days 

prior to the effective date of any reduction in force 

affecting five (5) or more employees. Within ten (10) 

days of said notice, the parties will meet to discuss 

mutual efforts to minimize the impact upon unit 

employees.

In rare instances, the agency agreed to negotiate 

special provisions for the benefit of laid-off employees:

(162) The employer shall consult with the union before it 

The union agrees to render assistance in com- institutes any reduction-in-force action affecting unit

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employees. Negotiations on a supplemental agreement 

covering policies governing the reinstatement or 

rehiring of former employees will be initiated 

promptly upon the request of the union whenever 

reductions-in-force become necessary.

Other clauses stipulated that the agency might move 

affected employees to existing vacancies so as to reduce 

the number ultimately laid off:

(163) . . . The employer agrees to notify the union of the 

necessity for a reduction-in-force of employees in the 

unit and the reason therefore as soon as the necessity 

for such reduction-in-force is determined. The 

employer also agrees to inform the union of the 

number of affected employees in the competitive 

levels involved.

During periods of reduction-in-force, the union 

agrees to cooperate with the employer in communicating to the employees the basis and reasons for 

the reduction.

In the event of a reduction-in-force existing 

vacancies will be utilized to the maximum extent 

feasible to place employees in continuing positions 

who otherwise would be separated from the 

service.. . .

Approximately 15 percent of the studied agreements 

permitted displaced employees to bump into other jobs 

if they had more seniority than the imcumbents, 

compared to 4 percent in the 1964 study. These clauses 

often just referred to or followed existing Federal rules. 

Others spelled out displacement rights in somewhat 

more detail:

(164) . . . The bumping and retreat rights of employees

affected by reduction-in-force shall be governed by 

applicable statutes, Civil Service Commission 

regulations and Air Force regulations___

(165) If an employee who has been reached for RIF 

cannot be placed at his current grade level in another 

position that is vacant or held by another employee in 

a lower subgroup, he is them considered for other 

positions in his competitive area that are held by 

employees in his subgroup who have lower retention 

standing but whom he can “bump” under one of the 

following provisions:

(1) An employee who was restored to duty after 

military service and who has statutory retention rights 

is entitled to “bump” employees in the same subgroup. These rights and the period during which they 

apply depend on the law under which the restoration 

was effected, as provided in the Federal Personnel 

Manual.

(2) An employee is entitled to “bump” an 

employee in the same subgroup in a position to which 

he has retreat rights.

To assure fairness in laying off employees, agreements 

permit employees and sometimes the union to review

records and lists establishing the order of layoff and 

bumping:

(166) When an employee in the unit receives a notice of 

“Reduction in Force,” if he so desires, he may review 

the following records:

a. The retention register on which he is personally 

listed.

b. The registers listing employees who may be 

entitled to displace him.

c. The registers listing employees whom he may be 

entitled to displace.

An employee in the unit desiring to review such 

records may, if he so requests, be accompanied by his 

council steward.

Employees convinced that they were reached 

incorrectly usually have appeal rights to rectify errors.

Seventeen percent of the agreements studied 

permitted employees faced with layoff to choose 

demotion. (See table 19.) Almost one-half of the 

provisions were concentrated in Navy agreements. 

Typically, the provisions permitted the demotion only 

when the employee was qualified to fill the job. 

Subsequent repromotion, likewise, also was limited to 

jobs for which the employee was qualified:

(167) In situations where an employee elects to take a 

demotion in lieu of a reduction-in-force action, the 

employee must be qualified to perform the lesser rated 

position. An employee demoted in lieu of reductionin-force action will automatically be considered for 

repromotion to grades or positions for which he has 

demonstrated that he is well qualified when a vacancy 

occurs in a position to which he is entitled to special 

consideration.

(168) In the case of a demotion taken voluntarily in lieu 

of a reduction-in-force action, the employer agrees to 

automatically consider such employee for his former 

grade and position title when a vacancy exists, 

provided the position is not obligated to an employee 

of higher retention standing.

Once laid off, an employee retains reemployment 

rights in his agency, provided the unemployment does 

not extend beyond a given period. In addition, he may 

not retain the right to recall if he has accepted 

permanent employment elsewhere or if he has refused a 

temporary job at his grade level. Thirty-seven percent of 

the agreements set forth these stipulations:

(28) Any career or career-conditional employee who is 

separated as a result of reduction-in-force will be 

placed on the Reemployment Priority List, provided 

he has not refused assignment to a full time position

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equivalent to or above the grade of his current 

position, or declined an offer to accompany his 

function when it is transferred to a different geographical locality. Such employee will be given 

preference for permanent or temporary reemployment 

unless his name is deleted from the list when he so 

requests in writing; accepts non-temporary full time 

Federal em ploym ent; declines non-temporary 

reemployment at a grade level equivalent to that from 

which separated or has been listed for two years if a 

Group I employee, or one year if a Group II 

employee, from the date of separation by reductionin-force.

Job descriptions and ratings. A job or position description is a formal statement of duties and responsibilities 

contained in a job or group of similar jobs. It is used for 

classification and pay purposes and describes to 

prospective and current employees what is expected on 

the job. This potentially sensitive labor relations subject 

involves the employee’s pay and rating at his job. 

Consequently, a number of aspects of job classification 

and descriptions have been negotiated and reduced to 

contract language. In total, 149 agreements covering 

158,145 employees dealt with job descriptions, 

particularly with the employee organization’s role.

Should the agency change job descriptions, with the 

result that an employee or group of employees would be 

detrimentally affected, contracts required management 

to inform the employee organization and the employee. 

Proposed management modifications in the description 

also could require discussion with both the employee 

and his representative:

(169) . . . The employer agrees to notify the union, after

officially informing the employee, when a 

classification0 act position in the unit is to be changed 

to a lower grade level___

(170) The wage and classification program will be conducted within the guidelines and instructions issued 

and authority delegated by the Civil Service Commission and Department of Interior. In any case where 

action is proposed to modify any job/position 

description in the unit to the extent that either the 

rating, title, pay level, or qualification requirements 

within a shop affects a group of employees, it is agreed 

that the immediate supervisor or appropriate Management official will discuss the proposed change with the 

employees concerned and their union representative(s) 

prior to the effective date of the change.

On the other hand, an employee seeking a promotion 

could claim that his job description no longer reflects his 

duties. At times, the employee organization could be 

present during the ensuing discussion to resolve such 

disputes:

(171) The employer and the Lodge agree that any

employee in the unit who feels that his job is 

improperly classified shall have the right to request a 

review of his position by submitting an appeal in 

accordance with current Gvil Service Commission and 

agency regulations___

(165) Any employee in the unit of recognition who feels 

his position description is improperly written or 

classified may consult his supervisor for clarification. 

Should the supervisor be unable to resolve the 

employee’s questions, the supervisor will arrange for a 

discussion between himself, the position classification 

specialist, the employee, and the employee’s 

representative, if the employee desires to be represented. Should this fail to resolve the employee’s 

question, the employee may file a n , appeal or 

grievance, following governing regulations. The 

employer will correct any classifications or descriptions his representatives find to be inaccurate during 

the above proceedings. Further, the employee will be 

furnished an official copy of his position description 

within 30 days following completion of the official 

action.

The employee representative also could initiate action 

to modify position descriptions on behalf of employees 

who would be affected by the action:

(172) The Council may initiate a request for review on 

matters of classification, pay levels, ratings, job 

descriptions or job requirements.

(173) The union may at any time initiate recommendations for a change in job standards, classification and 

job descriptions for any particular category of 

positions.

As a result of the action by employee or union, or 

both, procedures invariably are initiated for the review 

of the position description. Most provisions stipulated 

that, in this process, there would be meetings involving 

agency management, the employee, and his representative. In rare instances, time limits would be placed on 

the review, and management would have to give reasons 

if deadlines are not met:

(174) Union will encourage employees to periodically 

review their job description for the position they now 

occupy and to report significant changes in responsibilities and duties actually performed, in comparison 

to those listed therein, to their first level supervisor.

Upon receipt of information outlined in Section a, 

above, first level supervisors must promptly initiate 

appropriate action to have the job description and job 

classification reviewed by a qualified technician, 

except when any of the following conditions exist:

(a) supervisor determines that the tasks are not 

assigned to the position or that the change is not

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significant; (b)a scheduled survey is to be initiated 

within 30 days; and (c) a scheduled survey has been 

completed within the past 90 days.

Said review will be completed within 45 days of 

the receipt of information by the classification technician. In the event a decision and evaluation cannot 

reasonably be accomplished within 45 days after 

submission to the qualified technician, the Civilian 

Personnel Officer will notify the employee concerned, 

in writing, of the basis for the delay.. . .

Meetings which ensue from the initiation of review 

usually involve the employee organization, which 

represents the employee. The kinds of information 

available to the representative and the obligations upon 

the agency to inform the union or association were at 

times set forth in agreements:

(175) The union, upon request of the employee, may at 

any time submit facts, materials, and/or evidence 

supporting a recommendation to the supervisor for 

reclassification of a job. The employer agrees to meet 

with the employee representative and to discuss all the 

pertinent facts and information relating to same. The 

employer shall advise the employee representative of 

its decision on those recommendations over which the 

employer has jurisdiction as soon as practicable.

All employees in the unit shall be afforded the 

opportunity to consult with the employer for the 

purpose of reviewing their job descriptions or grades 

for any alleged inequities. Such employees are entitled 

to union representation or assistance in discussing the 

above with the employer and in reviewing classification standards that pertain to their position or grade.

(176) The employer agrees that a member of the union 

conference committee or a union officer may review 

the position description of any employee within the 

unit in consultation with an appropriate management 

official in the Industrial Relations Office when the 

description is pertinent to a specific complaint. 

Specific additional information used in determining 

the classification of the position will also be made 

available at the request of the union. If the position 

description is found to be inaccurate, steps will be 

taken to correct the inaccuracy.

Should the employee remain dissatisfied with the 

agency’s decision, he has recourse to the contract’s 

grievance and arbitration procedure:

(177) A grievance is defined as a personal concern or 

dissatisfaction of an employee with specific aspects of 

his employment, such as working conditions and 

environment; accuracy of position descriptions, relationships with supervisors, management officials, and 

other employees; suspensions of 30 days or less; and 

official reprimands . . .

(178) Any down-grading, reclassification of job level, 

change in job description or job requirement, shall be 

discussed by the employer with the representatives of 

the NAGE prior to the effective date of such change. 

If no agreement can be reached on the matter through 

such discussion, the employer can still proceed to 

effectuate such change subject however, to the 

NAGE’s rights to challenge such change through the 

grievance procedure and arbitration as herein 

provided.

(179) Any employee, upon request to his immediate 

supervisor, will be furnished a copy of his position 

description and may discuss with his immediate 

supervisor any changes to his position description. The 

employee may be accompanied by the union steward 

in his area. If agreement is not reached concerning the 

contents of the position description the matter may be 

referred to the grievance and arbitration procedures.

Disciplinary action. Federal rules and regulations permit 

agencies to take disciplinary (adverse) action against 

employees who violate laws or administrative rules or 

whose work falls below generally accepted standards. 

These actio n s can be reprimands, demotions, 

suspensions, and dismissals. In most instances, affected 

employees may appeal the agency’s action to higher 

management levels and eventually to the Civil Service 

Commission. Executive Orders 10988 and 114919 have 

underscored the employee’s right to appeal adverse 

actions. Approximately one-fourth of the agreements 

studied set forth an employee organization role in 

disciplinary procedures, compared to one-fifth in 1964; 

one-eighth permitted the disciplined employee to use the 

negotiated grievance procedure to appeal his case. (See 

table 20.) In addition, clauses spelled out disciplinary 

procedures in varying detail, generally repeating existing 

agency or Civil Service Commission rules.

When faced with disciplinary action, management 

usually conducts an informal investigation. Agreement 

provisions sometimes inteijected a cautionary note, 

stipulating that discipline was for correction or morale; 

should be fair and impartial; and should be for just 

cause. These provisions warned management against 

arbitrary action toward subordinates. In this connection, 

lesser disciplinary measures, such as letters of caution 

and reprimand, often were removed after a given period 

of time, usually 6 months, from the employee’s 

personnel folder:

(180) Letters of warning shall be used solely for the 

purpose of cautioning employees for minor infractions

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Table 20. Disciplinary provisions in Federal collective bargaining agreements, by agency, late 1971

Agency

All

agreements

Disciplinary provisions

Union

notification

Use of grievance

procedure specified

Agreements Workers Agreements Workers Agreements Workers

Total ............................................................................. 671 532,745 167 169,455 84 117,649

Ag ricultu re........................................................................ 7 6,208 1 49 — » —

Air Force ........................................................................... 75 96,976 11 17,237 4 16,078

Army ................................................................................. 144 125,111 27 25,414 9 15,728

Civil Service Commission ............................................... 1 100 — — — —

Com m erce........................................................................... 7 2,632 2 1,130 — —

Defense............................................................................... 23 21,891 7 7,491 1 1,840

Federal Communications Commission ......................... 1 6 — — — —

General Services Adm inistration.................................... 34 9,313 6 5,230 3 1,913

Health, Education, and Welfare....................................... 28 17,375 8 14,987 5 13,710

Housing and Urban Developm ent.................................. 2 80 1 55 - -

Information A g e n c y ........................................................ 2 2,215 2 2,215 — —

Interior............................................................................... 24 4,249 7 466 — —

Justice................................................................................. 5 9,623 3 8,405 — —

Labor ................................................................................. 2 9,411 — — — —

National Aeronautics and Space Adm inistration......... 6 7,325 3 2,995 2 1,395

N a v y .................................................................................... 140 124,856 70 73,780 52 61,929

National Labor Relations B o a r d .................................... 2 654 — — — —

Office of Economic Opportunity .................................. 1 803 — — — —

Railroad Retirement B o a rd ............................................. 1 1,405 — — — —

Selective Service S ystem .................................................. 1 285 — — — —

Small Business Administration ....................................... 2 589 — — — —

Smithsonian and Gallery of Art .................................... 2 186 — — — —

Soldiers' H o m e .................................................................. 1 186 — — — —

Transportation .................................................................. 17 2,248 3 194 3 1,101

T re a su ry ............................................................................. 32 21,935 2 561 2 1,945

Veterans Adm inistration.................................................. 111 67,083 14 9,246 3 2,010

NOTE: Nonadditive

of rules, misconduct, attendance, performance, etc. A 

copy of this letter will be filed as a temporary 

document in the office personnel folder and will be 

removed at the expiration of the time limit prescribed 

therein if the employee’s offense has been corrected 

and will not be used as a basis for further disciplinary 

action.. . .

Disciplinary clauses then provided for involvement of 

the employee organization. For example, the agreement 

might require the agency to inform the employee of his 

right to be represented. In some instances, the employee 

had the option to be represented by the union, and if 

the union did not represent him, to allow the union to 

be present at formal hearings:

(181) After preliminary questioning by the appropriate 

supervisor or management official if disciplinary action 

appears warranted, the employer agrees that the 

employee will not be questioned further regarding the 

matter until he has been informed of his right to be 

represented by a union representative. If such 

representation is desired by the employee, further 

questioning of the employee will be done in the 

presence of the union representative.

It is agreed that if desired by the employee, one 

union representative may be present throughout the 

disciplinary appeal hearing, if such hearing is held, 

provided the union is not representing the 

employee___

Notice to the employee organization of proposed 

disciplinary action could come from the employee or 

from agency management. Under given circumstances, 

the employee still had the option of notifying the union:

(182) When disciplinary action is proposed or taken 

against an employee of the unit, the Unit Chief will 

supply the employee with two (2) copies of all written 

notices so that the employee, at his option, may give 

one (1) copy of the notice to a Union representative.

(183) It is agreed that employees are subject to 

disciplinary action for just and sufficient cause 

as prescribed by law.

Any employee against whom formal adverse or 

disciplinary action is contemplated shall first be 

notified in writing of the reason for the contemplated 

action and the action to be taken. A copy of such

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notification will be given to the representative of the 

union within one working day of such action unless 

the employee has been charged with moral turpitude, 

in which event sufficient copies will be furnished the 

employee so that he may, or may not, provide the 

union with a copy in accordance with his own 

personal desires.

An employee who is to be formally disciplined or 

discharged, if he so requests, shall be represented by 

any official representative of the union in all procedures pursuant to such action.

The employee organization could be present as an 

observer both during informal discussions and at the 

formal hearings:

(184) Prior to initiating disciplinary action against an 

employee, the immediate supervisor or other 

cognizant official will make a preliminary investigation 

or inquiry to assure himself of the facts in the case. 

Where the findings of the investigation indicate that 

the employee may be corrected by informal means 

such as oral admonition, on the job training or oral 

warning; such action will be taken by the immediate 

supervisor. If the findings of the investigation indicate 

that formal discipline is warranted, prior to the 

issuance of a formal proposal of discipline, a 

discussion will be held with the employee if he is in a 

duty status. If the employee so desires, a union 

representative or representative of his choice may be 

present during this discussion. The employee will 

receive notification within fifteen (15) workdays after 

the investigation discussion.

It is further agreed that the union shall be notified 

when a formal hearing is scheduled in connection with 

a disciplinary or adverse action. Upon receipt of this 

notice, the union may designate a representative to act 

as an observer.

The employer will give the union a monthly 

statistical report of all disciplinary actions involving 

employees of the unit.

In some instances, the union’s presence was 

automatic:

(185) .. .When disciplinary action is contemplated, no 

employee shall be subjected to questioning or inquiry 

by other than the immediate supervisor without first 

being informed that he has a right to representation by 

the union. In a case of violation of rules when 

disciplinary action may be proposed, the union shall 

automatically have the right to be present throughout 

the disciplinary procedures.

In other situations, when the employee chose not to 

have union representation, the employee representative 

nevertheless could be present, subject to removal over 

questions of privacy:

(186) The local recognizes the right of management to 

interrogate and to obtain written or sworn statements 

from an employee on matters which may lead to 

disciplinary action against an employee. The employer 

agrees that prior to interrogating or requesting a 

written statement from an employee who has submitted a grievance or appeal, he will be advised of his 

right to pursue the grievance or appeal without 

representation or to select a representative of his 

choice.

If an employee selects the local to represent him in 

a grievance or appeal resulting from a disciplinary 

action, copies of all related correspondence addressed 

to the employee will also be furnished to his representative.

When the employee does not elect to have the local 

represent him, the local will be permitted to have an 

observer present at an appeal hearing conducted under 

Air Force appeal procedures. However, the examiner 

may exclude the observer from the hearing if the 

employee objects to the attendance of the observer on 

grounds of privacy, and the examiner determines that 

the objection is valid.

At formal hearings, the union could be present as an 

active or passive representative. In either case, the 

employee representative could present his organization’s 

position on the case and receive a transcript of the 

hearing at its conclusion.

(187) Disciplinary action will be taken solely for the 

purpose of correcting offending employees and 

maintaining discipline and morale among other 

employees. The employer agrees to advise the 

employee in writing of his right to union representation prior to taking any disciplinary action other than 

an oral admonishment against an employee. If it is 

determined that oral admonishment can resolve the 

problem, then no further action will be taken. In such 

cases it is agreed that no formal action of a 

disciplinary nature shall be taken unless and until the 

employee has been verbally admonished and has 

received a letter of caution or requirement for a 

subsequent offense. Such letter of caution shall be 

signed as a record of receipt by the employee, held for 

six months, and then removed. Should the employee 

refuse to sign the letter, the supervisor will so state on 

the face of the letter accompanied by the signature of 

a witness.

The employer agrees to furnish the union a copy of 

any covering proposal of disciplinary or adverse 

actions as requested by the affected employee. Such 

written notification will be furnished the union as 

soon as possible after requested by the employee.

It is further understood and agreed that the union 

designee will serve as representative of the employee at 

any formal hearing, if requested by the employee. This 

shall not be construed to in any way negate the

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requirement that a union representative be present at 

all discussions on the proposed action requested by 

management with employees or vice versa if requested 

by the employee.

The employer agrees that the union may have 

present a representative or an observer at all formal 

hearings held in connection with the action. Further, 

said observer shall be afforded the opportunity to 

present into the record the union views on the action, 

and further, a transcript of the hearing shall be 

furnished to the union upon request of the employees.

Only one-eighth of the provisions specifically 

perm itted recourse to the negotiated grievance 

procedure; over thre-fifths of these were in Navy 

agreements. A few statements were relatively brief:

(188) Any disciplinary action must be for just cause, and 

the employee may exercise his right under the 

grievance and arbitration procedures of this 

agreement. Adverse actions are subject to appeal under 

CPR E2 and CPR R3 and also Commission regulation.

(189) Any formal notice of an adverse action to be taken 

against an employee shall notify him of his right to the 

recourse of the grievance procedure, herein contained.

Most, however, were more detailed. They offered the 

employee a choice between the negotiated and agency 

procedures but stipulated that recourse to one 

eliminated the availability of the other:

(190) If an employee in the unit elects to appeal a formal 

disciplinary action taken against him, he must file his 

appeal within fifteen (15) calendar days of the 

effective date of the action. The employee may 

choose to process his appeal either through the 

negotiated grievance procedure or through the 

administrative grievance appeals procedure, but may 

not utilize both. If the employee chooses the 

negotiated grievance procedure, his appeal will be 

processed under the provisions of Article XXV. If the 

employee chooses the administrative grievance appeals 

procedure and his appeal is not granted, he may 

request a hearing before an impartial Navy Hearing 

Officer appointed by the Regional Office of Civilian 

Manpower.

The agreement might even offer the option of 

advisory arbitration when discipline is more than a letter 

of caution or reprimand:

(191) . . . In addition, employees in the unit who have 

appeal rights through the Navy procedure in adverse 

action cases, i.e., removals, suspensions of more than 

30 calendar days, or reduction in rank or compensation, may, with the consent of the union, substitute 

arbitration for a Navy hearing in processing an adverse

action appeal. When this occurs, the request for 

arbitration shall be initiated within 15 calendar days 

of the effective date of the action for processing under 

Article XXVI. Advisory arbitration in the case of an 

adverse action appeal serves as an alternate to the 

administrative hearing, and must be held prior to the 

Shipyard Commander’s decision. After the advisory 

opinion of the arbitrator is submitted, and if the 

employer’s final decision is adverse to the employee, 

he must be notified of his rights to further appeal.

In one agreement, concurrence in advisory arbitration 

was solicited from the employee organization:

(192) . . . Upon receipt of an employee’s appeal 

requesting advisory arbitration, the employer shall 

promptly notify the union. The union shall verbally 

inform the employer, within three (3) calendar days, 

of concurrence or non-concurrence with the 

employee’s request to be followed by written 

substantiation of such notification within five (5) 

work days. This period of time may be extended by 

mutual agreement. If the union does not concur in 

referral to advisory arbitration, the employer will 

notify the employee, and if the employee desires, will 

proceed to arrange for an administrative hearing under 

Navy procedures.

In the following provision, the severity of the 

discipline meted out by management dictated the level 

of the grievance procedure at which the appeal could be 

initiated:

(193) Disciplinary actions may be grieved. Employees 

grieving a disciplinary action (which includes adverse 

actions, suspensions of 30 days or less and letters of 

reprimand) will acknowledge in writing that they have 

elected to use the negotiated grievance procedure 

instead of the appeal procedures of the Navy Department and/or the appeal procedures of the Civil Service 

Commission except in adverse action cases where the 

employees have further appeal rights to the Office of 

the Secretary of the Navy and the Gvil Service 

Commission. Within 15 days of receipt of a letter of 

reprimand, it may be grieved at the second step of the 

negotiated grievance procedure (Section 3 of Article 

XXV). Suspensions of 30 days or less may be grieved 

at the 3rd step of the negotiated grievance procedure 

(Section 4 of Article XXV) and demotions, removals 

and suspensions of more than 30 days may be grieved 

at the 4th step of the negotiated grievance procedure 

(Section 5 of Article XXV) within 15 days of the 

effective date of the action.

Agreement provisions also could set forth the type of 

conduct which did not warrant discipline. For example, 

allegations of indebtedness were not reasons for 

disciplinary action, unless a legal judgment had been 

rendered:

(194) The union recognizes the responsibility and obligation of employees to conform to Treasury Depart47

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ment regulations requiring them to maintain good 

credit and promptly settle their just debts, particularly 

indebtedness to Federal, State or Local Governments 

for taxes. The employer agrees that disciplinary action 

will not be taken against an employee for indebtedness 

allegedly due a private individual or firm, unless the 

employee acknowledges the debt, or there is an 

appropriate civil court judgment rendered against the 

affected employee.

(195) Employees are expected to pay all just debts and 

maintain a reputation in the community for honoring 

their just obligations. An employee shall not have 

disciplinary action taken by the employer against him 

for failure to pay alleged debts. A debt in the private 

sector is no longer alleged when

1. he admits his indebtedness or

2. there is an appropriate civil court judgment 

rendered against him.

Training provisions. Training programs benefit the 

agency and the employee. For the agency, training 

assures a ready supply of qualified workers to meet its 

needs without its having to resort to unexpected outside 

recruiting. For the employees, it provides opportunity 

for career development, opening chances for promotion. 

It also provides added job security for an employee 

displaced because of changes in agency operations or 

because of the introduction of technological changes. 

Although governed by an Executive Order10 and 

administrative rules, training became a focus for 

employee organization activity; consequently, a variety 

of its aspects became subjects for collective bargaining. 

In recent years, the number of references to training in 

Federal agreements have grown, but they have remained 

concentrated among Wage Board employees, in Defenserelated agencies (primarily Navy), and in the Veterans 

Administration.

One-eighth of the agreements referred to joint 

training committees, most frequently dealing with 

journeym en training rather than apprenticeship 

programs. (See table 21.) If apprenticeship committees

Table 21. Training provisions in Federal collective bargaining 

agreements, late 1971

Training provisions

All agreements

Agreements Workers

T o t a l........................................... 671 532,745

Joint training com m ittees.................. 87 124,200

Apprenticeship training ................ 22 40,295

Journeymen training....................... 61 79,145

Apprenticeship and journeymen

training ....................................... 4 4,760

Training and retraining provisions . . . 380 410,041

Training on official t im e ..................... 103 136,651

NOTE: Nonadditive.

existed, management and labor usually were represented 

equally. Although committees played some role in 

reviewing or establishing goals, apprenticeship primarily 

was governed by standards of the agency or of the U.S. 

Department of Labor’s Bureau of Apprenticeship and 

Training:

(196) It is agreed that both the employer and the Council 

will establish apprentice committees of not less than 

three nor more than five members each to maintain a 

cooperative interest in the apprentice training 

program. The committees will meet jointly at 

appropriate times to consider suggestions or 

recommendations for the improvement of apprentice 

training. It is further agreed that the employer will 

maintain an apprentice program consistent with the 

considerations and instructions of NCPI 410.10. 

Apprenticeship programs shall meet the standards 

prescribed by the appropriate naval authorities.

(197) An appropriate system of apprenticeship may be 

established and maintained for employees covered by 

this general agreement. The minimum standards for 

apprenticeship shall conform to the standards of and 

shall be approved by the Bureau of Apprenticeship,

U.S. Department of Labor, prior to adoption. A Joint 

Council on Apprenticeship consisting of three 

representatives appointed by the operations manager 

and three representatives to be designated by the 

Council shall be maintained and shall establish 

appropriate objectives and procedures for its 

operation. Matters concerning apprentices, other than 

rates of pay will be governed by the applicable 

apprenticeship standards as approved by the Bureau of 

Apprenticeship.

At times, subcommittees were established to review 

specific programs and to recommend changes:

(198) The employer agrees to establish a training committee to review and make recommendations 

concerning improvements to the Apprentice Training 

Program and other training programs affecting 

employees of the unit. Such recommendations to be 

made to the Commanding Officer. The committee 

shall be constituted as follows:

One (1) member of the facility appointed by the 

employer

One (1) member of the unit appointed by the 

union

One (1) member who shall be the Apprentice 

Program Administrator for the facility

It is understood that this committee shall meet at 

the request of either of the members to consider 

programs that specifically affect members of the unit.

The union reserves the right to consultation prior 

to effecting any recommendations. Such consultation 

shall be upon the request of the union.

The Trade Training Panels shall have the responsibility to make a continuing review of the Apprentice

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Program for their specific trade area, and to make 

recommendations to the Naval Air Rework Facility 

Apprentice Training Committee concerning changes, 

corrections, or improvements to the programs.. . .

Committees dealing with journeymen training did 

not, as a rule, have equal representation. In some cases, 

the union representative served as an observer; in others 

his views were purely advisory:

(147) The union shall have the right to an observer at 

meetings of the Employee Training and Development 

Committee.

(199) It is agreed that the union president shall have full 

participating membership on the Personnel Training 

Committee. In recognition of the mutual advantages 

to both parties, the employer will give significant 

consideration to any recommendation of the union 

representative.

(200) The union will nominate one regular member and 

an alternate to serve on the Hospital Training and 

Development Committee... When career training 

programs applicable to employees in the unit are to be 

considered, the union may submit comment and 

recommendations which will be given consideration by 

the Committee.. . .

(90) In recognition of mutual advantages to both 

parties, the employer agrees to union participation on 

the NWS Training Committee for the purposes of 

making recommendations, discussing programs, and 

evaluating training progress.

More than one-half of the agreements provided for 

the training and retraining of personnel for new 

positions and skills. (See table 21.) Such clauses often 

stipulated training which combined the needs of the 

agency with career development:

(11) VA Policy toward career development is contained 

in the following brief extract from MP-5 :

“Throughout the VA there is a program to 

foster the identification and fulfillment of 

employee training needs at all levels, consistent 

with the interests of the VA. The concept here 

is a simple one: every employee should receive 

throughout his career the training which he 

needs to maintain and increase his efficiency in 

his current job and which is to the interest of 

the VA to give him.”

Management will promote such training and 

development to the extent permitted by law, regulation, budget and staffing conditions.

(201) The employer and the union agree that training and 

development of employees within the unit is a matter

of primary importance to both parties. The employer 

shall provide the maximum feasible opportunity to 

employees to enhance their skills (through on-the-job 

training, work study programs, and other training 

measures) so they may perform at their highest 

potential and advance in accordance with their 

abilities.. . .

Clauses also stipulated that employees were to be 

given preference for training before new employees were 

recruited. Furthermore, if training would lead to 

upgrading, merit procedures would have to be used to 

select employees:

(202) In recognition of the mutual advantages to the 

employer and to the employee, the employer agrees to 

make a reasonable effort to utilize existing employees 

when training is determined to be necessary for new 

type skills. If the training will lead to promotion, 

opportunities, selection for such training shall be in 

accordance with the merit promotion program.

One agreement set forth a list of factors as guidelines 

in choosing employees for training:

(203) When! training, through higher government or 

non-government facilities, is to be given to some, but 

not all, employees in a given occupational group or 

level, factors such as the following may be considered 

in selecting from among those who might be trained: 

(l)The relative degree of employees’ need for 

training; (2) the relative potential of employees for 

advancement; (3) the relative extent to which 

employees’ knowledge, skill, attitudes, or performance 

are likely to be improved by training; (4) the relative 

ability of employees to pass the training on to others 

upon return to the job; (5) the relative length of time, 

and degree to which the Department expects to 

benefit from the employee’s improved knowledge, 

skill, attitudes, and performance; and (6) the 

employees’ own interest In and efforts to improve 

their work.

Under several agreements, employees to be displaced 

were singled out for special training so they might be 

retained:

(54) When advance knowledge of pending, changes in 

function, organization, and mission is available, it shall 

be the policy of the Agency to plan for retraining of 

employees affected within their qualifications and the 

existing or anticipated vacancies in the Agency. 

Maximum use will be made of the authority to waive 

qualifications requirements and to enter into training 

agreements with the CSC in order to reassign 

employees to available vacancies where their service 

can be utilized.

(83) When changes in function, organization, and 

mission adversely affect the work force, it shall be the

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responsibility of the employer at the earliest possible 

time to plan for the maximum retraining of employees 

so affected.

Training programs could also be instituted because of 

displacement resulting from technological changes, 

subject, however, to cost considerations and employee 

qualifications:

(153) Employer will provide all employees with training 

and development opportunities which will enable the 

employees to do their work effectively, attain their 

career objectives, and accomplish their mission. Such 

opportunities will be based on the needs of the 

activity, not on the interest of employees. In the event 

of displacement by virtue of automation, special 

emphasis will be given to training which would tend to 

qualify employees for other positions.

(94) It is agreed that the employer will reassign and 

retrain in advance employees whose positions are to be 

eliminated due to automation or adoption of laborsaving devices provided that cost of such training is 

not excessive and the employee has the necessary 

aptitude as determined by the employer consistent 

with applicable regulations.

About 15 percent of the agreements specified that 

time spent on training would be paid for by the 

employer. (See table 21.)

As a rule, the agency paid for training at the worksite 

but not for study offsite or after hours:

(204) Job training required on the installation by the 

employer, as distinguished from training for which the 

employee voluntarily applies or to which the 

employee has agreed as a condition of his 

employment, shall be accomplished on the employer’s 

time. Home study, which may be required in conjunction with the training, on or off the installation, 

shall be accomplished on the employee’s own 

tim e.. . .

(205) Training which is authorized and approved by the 

employer under the terms of this agreement shall be 

conducted during the duty hours of the employees 

concerned where practicable. This does not apply to 

reading assignments given as a part of training nor does 

this clause or any aspect of this agreement or any 

supplemental agreement preclude an employee from 

participating in training on his own time if he so 

chooses.

In one contract, the agency agreed to provide training 

for a given number of hours each month, divided evenly 

between training on and off the clock. The agency was 

relieved of the requirement by which less than one-half 

of the eligible employees participate in the off-duty 

training:

(206) . . . To accomplish and maintain the above, the

employer will make available to the aircraft examiner 

no less than two hours of classroom training per 

month; such training normally to be on a monthly 

basis with approximately half during working hours 

and the balance in a nonpay status___

. . . The obligation of the employer to provide no 

less than two hours of classroom training per month 

will continue for the life of this agreement provided 

that at least 50 percent of eligible “on board” 

employees participate in the nonpay status as well as 

the pay status portion of the training. In the event 

that attendance falls below 50 percent for two 

consecutive months, the employer’s obligation is 

dismissed.

Wage surveys

Beginning in 1967, blue-collar wage-setting 

procedures in effect in a number of Federal agencies 

were merged into a Coordinated Federal Wage System 

(CFWS). The system replaced what has been 'termed a 

“hodgepodge of procedures,” which had permitted 

differing rates to be paid to skilled craftsmen for 

essentially the same work within a given area.11

Under the CFWS, pay rates within a specific geographic locality are determined by area wage surveys. 

The lead agency having the largest number of wageboard 

employees in the area makes the survey, analyzes the 

results, and develops the wage schedules which then 

apply to all other Federal agencies that employ bluecollar workers in the area. This procedure is 

accomplished through wage survey committees which 

match jobs and compare rates at selected companies in 

private industry in the region.

As set forth in the Federal Personnel Manual, the 

CFWS provides for active union participation in the new 

wage setting process at national and local levels. 

Employee organizations appoint members to agency 

wage committees which provide advice on the 

establishment of wage schedules and survey coverage, 

and to local wage survey committees which collect and 

review data to establish the wage scale in the area.

Before the CFWS was created, aspects of the union’s 

role in surveys had found their way into Federal 

agreements, and this policy has continued after the 

inception of CFWS. Some clauses may refer specifically 

to CFWS, and others may be carry-over provisions, 

negotiated earlier than 1967 and not yet modified to 

account for the new system.

Slightly more than one-tenth of the Wage Board 

agreements, mostly involving Navy and Army units, 

specifically permitted the employee organization to 

request wage surveys. (See table 22.) Under the CFWS, 

such interim surveys could be requested and made,

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Table 22. Wage survey provisions in Federal collective bargaining agreements, by agency, late 1971

Wage survey provisions

Agency

Union right to

request survey

Union

participation

Instruction to

data collectors

Agreements Workers Agreements Workers Agreements Workers

Total, agencies with wage survey provisions........... 60 70,516 187 192,568 15 14,244

Air Force ........................................................................... 7 6,791 22 17,076 3 1,329

Army ................................................................................. 17 16,315 48 52,165 2 8,088

Commerce........................................................................... — — — — 1 204

Defense............................................................................... 2 1,962 5 7,307 2 1,625

General Services Adm inistration.................................... 1 48 2 808 — —

Health, Education, and W elfare...................................... 1 198 3 304 1 40

Information A g e n c y ......................................................... 1 122 2 2,215 1 122

Interior............................................................................... — — 3 121 2 103

National Aeronautics and Space Adm inistration......... — — 3 4,609 — —

N a v y .................................................................................... 27 44,106 57 80,287 — -

Transportation .................................................................. — — 2 293 — —

T re a su ry ............................................................................. — — 1 345 — —

Veterans Adm inistration.................................................. 4 974 39 27,038 3 2,733

NOTE: Nonadditive.

although, as a rule, the full scale survey and the wage 

change survey (an up-dating of the full-scale study which 

takes place in alternate years), would suffice. In granting 

the right to request surveys, agreements usually limited 

the conditions under which the request would be 

accepted and a survey initiated. Typically, there would 

have to have been major wage movements in the survey 

region that put existing Federal-private industry wage 

relationships out of joint. In addition, the employee 

organization would have to substantiate its request:

(207) The union shall have the right to request a new 

wage survey at any time there has been a significant 

increase in wages granted to employees in the private 

industries in the wage survey area. This request must 

be in writing, setting forth the basis for the request for 

a new survey. The employer will promptly forward 

such requests to the appropriate authorities with 

endorsement.

(208) It is agreed that the union shall have the right to 

request that area, full scale and wage change surveys 

be conducted when significant industry wage raises 

have taken place in the area to give rise to such a 

request. Any request and substantiating data 

submitted to the employer shall be promptly 

forwarded to the proper agency level for disposition 

of the request. An appropriate endorsement by the 

employer shall accompany such a request and the 

union shall be supplied with a copy of the employer’s 

endorsement to the original request.

(209) It is agreed that the union shall have the right to 

request that area full scale wage surveys be conducted 

when significant industry wage raises have taken place 

in the area and that such request and substantiating

data shall be forwarded within 30 days to DSAH. The 

union will be furnished a copy of the 

endorsement.. . .

Almost 28 percent of the agreements studied 

established a role for the employee organization in the 

wage survey, a role already guaranteed in the CFWS and 

now repeated in the collective bargaining agreement. 

Commonly, the union would be notified of a pending 

survey and would have access to information on how the 

survey was to be conducted. It could recommend firms 

to be studied and advise on the specific jobs to be 

reviewed and matched with those in the Federal service. 

However, final decision remained with the lead agency 

conducting the survey. It could appoint members to the 

wage survey committee and recommend data collectors. 

The employee organization also would have the 

opportunity to comment on survey results:

(210) The employer shall notify the union as soon as 

possible when information is received that the 

Department of the Air Force has directed the start of 

an official wage survey for SMAMA, McClellan Air 

Force Base.

The employer agrees the union may have 

representation at the initial and concluding meetings 

held in connection with full scale wage surveys. At the 

initial meeting the union will be provided data 

pertinent to the survey such as: background information and methods used to collect wage data, 

completion of data forms, firms to be contacted, 

key-job lists and method of setting rates. Upon

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completion of the survey, the union will be advised of 

the general results of the survey. In both instances the 

union will be afforded the opportunity to make such 

comments and recommendations, including recommended changes to list of firms to be contacted and 

key-job lists, as they deem appropriate. The employer 

also agrees to give consideration to the appointment of 

any employees recommended by the union to 

participate in the wage survey as representatives of 

management, without regard to affiliation or nonaffiliation with any employee group provided such 

employees possess the personal qualification and work 

experience necessary for the assignment.

(211) . . . It is agreed that the union will be notified, by 

the employer, of locality wage survey schedules as 

developed by the Civil Service Commission and the 

lead agencies. It is also agreed that the employer will 

inform the union of the purpose of the survey, 

methods of operation and starting dates of any survey 

in which employer will participate that may affect 

employees covered by the agreement.

When Barksdale AFB is selected as host for locality 

wage surveys, the union shall recommend to the 

employer three members of the union from which 

selection may be made to fill the one labor position on 

the three man local wage survey committee.

It is agreed that the local wage survey committee 

has no authority to depart from or set aside policies 

and procedures established by the Civil Service Commission and the lead agency.

The union may present requests, recommendations, 

and information to the local wage survey committee 

for consideration on any matter pertaining to locality 

wage survey.

One-half of the data collectors needed for the local 

wage survey will be selected from among local Federal 

employees recommended by the qualifying labor 

organization. The union will submit a list of three 

names for each data collector needed for the survey. 

Selection will be made by the employer. The criteria 

for selection of employees for data collectors, whether 

representing the union or the employer, will be their 

overall ability to perform the duties which will be 

assigned to them. This will take into consideration 

their personal qualifications as well as work 

experience.

(212) The Hospital agrees to notify the Lodge of a 

pending wage survey promptly upon receipt of notice 

that such survey is to be made.

At the time of a wage survey, the union will 

nominate one or more of its members to serve as data 

collectors. Equal representation by Wage Board 

employees and management will serve under the rules 

management is required to follow.

The “kick-off” meeting of the wage survey will be 

attended by union representation.

The union will submit a list of firms to management who will give equal consideration along with 

other nominated firms. The union will be allowed to 

voice objections to firms which it believes will tend to 

lower the average of data collections___

Agreements rarely gave details on how the survey was 

to be conducted, since the CFWS and the committee had 

this jurisdiction. However, one agreement included 

details from a Department of Interior manual which 

provided a rare insight, and which is cited in part below:

(213) This committee will make annual surveys to 

determine prevailing rates of pay in the general 

vicinity of this installation for work which is similar to 

that of each Department of the Interior Wage Board 

classification represented at this installation. It is 

agreed that wage surveys will be conducted in 

accordance with Department of the Interior Manual 

instructions as follows:

Personal interviews shall be used for collecting 

wage rate data except when unusual 

circumstances make such personal interviews 

impracticable. Correspondence shall be used in 

areas where personal interviews are not 

practical because the distance of the project 

from the data sources or the amount of time 

and expense involved. Telephone inquiries may 

be made if necessary. Special care should be 

taken on telephone surveys to assure that the 

persons being contacted understand the 

purpose of the surveys and that data for 

comparable jobs are obtained. Copies of 

standard job definitions should be sent when 

requesting wage rate data by correspondence. A 

form listing the pertinent labor classifications 

should also be furnished to simplify the tabulation of data by the employer. Copies of 

pamphlets listing accurate wage rates, labor 

agreements, or similar published data should be 

obtained and used as supporting evidence, if 

available. The survey data should include the 

number of employees paid each rate for each 

classification, rate of overtime compensation, 

shift differentials, and other data pertinent to 

the subject. Basic wage rates are the primary 

consideration in determining prevailing rates. 

Other benefits received by outside employees 

should be included for review and comparison 

purposes. There are no limitations on the 

number of firms to be contacted or the amount 

of data collected. Greater prevailing rate 

accuracy is obtained by a thorough survey of 

representative employers in the area.

Employee organization activities.

Federal agreements contain a broad range of 

provisions dealing with selected .activities of unions and

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associations, such as meetings of the organization, 

conduct of internal affairs during duty hours, union and 

association publicity, the rights of organization officials 

to visit worksites, duties of stewards and representatives, 

dues withholding, and leaves of absence. Many of these 

provisions have grown markedly since the Bureau’s 

earlier study. Although Defense-related agencies 

accounted for the largest number of each of these 

provisions, other agencies also were well represented 

proportionally.

Employee organization affairs and meetings. Carried 

over in its entirety from Executive Order 10988 to 

Executive Order 11491 was a section which barred 

employee organizations from collecting dues, soliciting 

new members, or conducting other internal business 

during working hours.12

Like other provisions of the Executive Order, this 

section, too, often became part of the collective 

bargaining agreement; it appeared in 59 percent of the 

agreements compared to 30 percent in the Bureau’s 

earlier study. (See table 23.) In some instances, contract 

language closely paralleled that of the Executive Order:

(144) .... In no event will solicitation of membership or

other internal union business be conducted on official 

time.

In other provisions, “internal business of a labor 

organization” was more clearly defined and included 

matters such as dues collection, distribution of 

literature, and union elections, etc. Such activities, 

however, sometimes were permitted during the lunch 

hour and other non duty time:

(214) Internal business of the lodge, such as solicitation 

of membership, collection of dues, election of officers, 

and other business of this nature will be conducted 

during the non-duty hours of employees. For the 

purposes of this paragraph, lunch periods are not 

considered as duty time.

(59) Solicitation of membership and activities concerned with the internal business and management of 

the local, such as negotiations, activities involving 

other employee groups, collection of dues, assessments 

or other funds, membership meetings, campaigning for 

office, conduct of elections and distribution of 

literature will not be conducted during working hours 

by any member of the local or visiting non-employee 

representatives of the National Federation of Federal 

Employees.

Some agreements further required that union and 

association meetings be held outside of regular working 

hours. This stipulation occurred in 47 percent of the 

agreements, a trebling of the proportion found in the 

1964 study. (See table 23.) As a rule, the agency agreed

to make facilities available for union meetings, provided 

security regulations were observed. In addition, the 

organization might be required to request a room well in 

advance of the projected meeting date and to take care 

of the space obtained:

(215) The employer will, insofar as practicable and in 

accordance with security regulations, provide the 

union with facilities to hold special meetings with 

members of the unit outside of regular work hours. 

The union agrees to abide by the regulations governing 

the use of such space.

(12) The employer agrees to provide facilities for union 

meetings, outside regular working hours, if available.

The union agrees to submit a request for this facility 

not less than 10 calendar days prior to the date of the 

meeting.

(5) At the request of the union, subject to availability, 

space will be made available for meetings of the union 

during non-duty hours of the employees involved. The 

union agrees to exercise reasonable care in using such 

space and will leave it in.a clean and orderly condition.

One agreement included regulations generally 

applicable to the use of its facilities by any nongovernment group. Thus, the organization could not advocate 

racial or other discrimination, hold a political meeting, 

or a meeting to influence legislation or for profitmaking 

purposes:

(216) The NLRBU shall be provided the use of conference rooms for union meetings on non-duty hours 

provided th at, in accordance with standard 

Government rules in Federal buildings, meeting places 

shall not be used for: (1) meetings or performances 

sponsored or conducted by any organization, 

individual, or activity practicing or advocating 

discrimination based on age, race, creed, color, sex, or 

national origin; (2) meetings or activities having a 

partisan political, sectarian, or similar nature or 

purpose; (3) meetings or activities for the purpose of 

advocating or influencing action on legislation; (4) 

meetings or activities sponsored or conducted by or 

for commercial enterprises for profitmaking purposes 

through the direct sale of articles, charging of 

admission fees or the making of an indirect assessment 

for admission, or the taking of a collection.

Publicity. Nearly four-fifths of the agreements (78 

percent) provided the employee organization with some 

means to publicize meetings, elections, social affairs and 

other activites. (See table 23.) In most instances, the 

employee organization was provided with an adequate 

number of bulletin boards for this purpose. Provisions 

generally prohibited the union from posting material 

considered politically partisan or derogatory of Federal 

officials or policies. Violation of these restrictions could 

result in revocation of bulletin board privileges or in

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Table 23. Provisions governing union activities in Federal collective bargaining agreements, by agency,

late 1971

Agency

All

agreements

Check-off

provisions

Internal

union affairs

Union

meetings

Agreements WorkersAgreements WorkersAgreements WorkersAgreements Workers

Total ................................................ 671 532,745 459 422,487 395 374,888 314 298,103

Agriculture ................................................ 7 6,208 4 194 5 6,156 5 6,156

Air F o rc e ..................................................... 75 96,976 68 92,588 55 87,097 50 81,044

Army .......................................................... 144 125,111 122 109,618 90 79,557 79 84,484

Civil Service Commission ........................ 1 100 — — — — — —

C om m erce.................................................. 7 2,632 3 1,183 4 1,387 3 1,183

D efense........................................................ 23 21,891 18 15,243 16 16,222 19 18,351

Federal Communications

Com m ission........................................... 1 6 1 6 1 6

General Services Adm inistration............. 34 9,313 11 6,240 15 5,365 7 2,997

Health, Education, and W e lfa re ............. 28 17,375 9 15,059 8 14,080 9 2,148

Housing and Urban Developm ent........... 2 80 2 80 2 80 2 80

Information Agency ................................ 2 2,215 2 2,215 2 2,215 2 2,215

In terior........................................................ 24 4,249 14 3,186 15 1,205 11 838

Justice ........................................................ 5 9,623 3 5,571 4 9,572 3 9,526

L a b o r .......................................................... 2 9,411 1 4,257 2 9,411 — —

National Aeronautics and Space

Adm inistration..................................... 6 7,325 5 7,138 4 6,943 3 4,129

N a v y ............................................................. 140 124,856 109 104,826 91 84,616 50 39,045

National Labor Relations B o a rd ............. 2 654 2 654 2 654 2 654

Office of Economic O p p o rtu n ity ........... 1 803 1 803 1 803 — —

Railroad Retirement B o a r d ..................... 1 1,405 1 1,405 — — — —

Selective Service S y ste m ........................... 1 285 - - - — — —

Small Business Adm inistration................ 2 589 2 589 1 569 — —

Smithsonian and Gallery of A r t ............. 2 186 2 186 — — 1 23

Soldiers’ H o m e .......................................... 1 186 1 186 — ' — — —

Transportation.......................................... 17 2,248 6 1,265 5 538 4 299

Treasury ..................................................... 32 21,935 17 15,632 7 4,884 15 14,194

Veterans Adm inistration........................... 111 67,083 55 34,363 65 43,528 49 30,757

Note: Nonadditive. An agreement may have more than one provision governing union activities.

disciplinary actions against employees. Also advance 

approval of most postings, except for certain routine 

announcements, often was required. All costs were to be 

absorbed by the employee organization:

(203) The employer agrees to provide reserved, 

designated space identified as “unofficial-for use of 

union only” on all official bulletin boards located in 

the unit employees’ work areas for posting of union 

notices and similar information material. The union 

agrees to provide written designation of its representatives to carry out the union responsibilities contained 

in this section. These responsibilities include 

appropriate screening of material posted on that 

portion of the bulletin boards reserved for the union’s 

use and/or distributed by union representatives, 

posting current material and removing obsolete 

material of the union, and maintaining the union 

bulletin board notices in orderly condition. A copy of 

all such union material will be given to the Branch 

Chief concerned at the time it is posted or distributed.

Literature posted or distributed by the union must 

not (1) violate any law, (2) compromise the security

of Army activities, (3) contain scurrilous or libelous 

material, (4) relate to partisan political matters, or 

(5) reflect adversely on the integrity or motives of any 

individual, another employee organization, or upon 

the Federal Government.

It is agreed that the union is solely responsible for 

upholding the policies concerning the contents, 

distribution, and posting of union literature, as contained in this section. Violation of these policies will 

be grounds for temporary or permanent revocation of 

the union privilege to distribute or post union literature, or may be the basis of disciplining Army 

employees involved in accordance with applicable 

Army regulations.

(217) The employer, in its discretion, agrees to permit 

the local to have separate bulletin boards adjacent to 

those now existing or to furnish space of 3' x 4* on 

currently established boards. The board, its identification and/or materials to be posted thereon, shall be 

submitted to the Chief, Office of Civilian Personnel, 

for review and approval. Such approval will not be 

required for the following:

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Union

publicity

Visitation

rights

Duties of union

stewards and

representatives

Agency

Agreements Workers

Agreements Workers

Agreements Workers

525 472,788 332 335,447 510 459,896 Total.

6 6,189 __ _ 3 5,556 Agriculture.

71 93,073 35 75,323 66 89,701 A ir Force.

123 117,194 94 81,678 118 107,053 Arm y.

— — — — — — Civil Service Commission.

6 1,438 3 487 5 1,428 Commerce.

20 20,387 9 9,396 22 217,033 Defense.

Federal Communications

1 6 1 6 1 6 Commission.

18 8,113 12 7,134 16 6,548 General Services Administration.

16 15,798 5 13,796 12 15,562 Health, Education, and Welfare.

2 80 1 25 2 80 Housing and Urban Development.

2 2,215 — — 2 2,215 Information Agency.

17 3,693 8 2,161 19 2,823 Interior.

3 9,526 4 9,572 3 8,405 Justice.

1 4,257 — — 2 9,411 Labor.

National Aeronautics and Space

4 4,324 6 7,325 5 7,130 Administration.

123 118,261 106 99,045 126 112,941 Navy.

2 654 — — — — National Labor Relations Board.

1 803 1 803 1 803 Office of Economic Opportunity.

_ — — — 1 1,405 Railroad Retirement Board.

— — — — 1 285 Selective Service System.

2 589 1 20 2 589 Small Business Administration.

2 186 2 186 2 186 Smithsonian and Gallery of Art.

1 186 1 186 — — Soldiers’ Home.

15 1,708 5 1,212 9 1,399 Transportation.

20 17,158 12 11,375 22 166,455 Treasury.

69 46,950 26 15,717 70 48,022 Veterans Administration.

a. Notices of local meetings.

b. Notices of local elections, appointments and 

results of elections.

c. Notices of local social affairs, charitable contributions and awards to employees.

The local agrees that posting of information will be 

accomplished at local expense and will not contain 

material relating to partisan politics, discrediting to 

individuals or Government organizations, programs 

and policies. Local agrees to abide by the same 

maintenance control requirements as exist for 

employer.

A few provisions allowed access to public address 

systems or permitted organizations to disseminate 

literature to employee’s desks or work stations, subject 

to some of the same restrictions noted above:

(218) The employer agrees to accept material for 

announcement on the public address system. Appropriate items will be submitted to the Labor Relations 

Office by the president of the union or his designee. 

Approval will be granted when material has general 

employee interest.

(219) The union may distribute literature to district 

employees’ work stations on non-duty hours. Such 

material shall not:

Interfere with the distribution of official mail; 

Include notices of items for sale ;

Impugn the integrity of individuals, other 

employees’ organizations, or government 

agencies;

Imply District sponsorship or endorsement.

Stewards and representatives. Agreements in all but 

three of the agencies in the study referred to the duties 

of stewards and employee representatives. (See 

table 23.) The language in these provisions ranged from 

vague to explicit, and typically covered items such as the 

number of stewards or representatives, the amount of 

time spent on duties, and the allowable duties.

In establishing the number of stewards or representatives, the parties could agree to a specific number or to a 

ratio to the employees in the unit. Agency and organization could agree upon the location of stewards, and in 

turn, the union or association could supply the agency 

with a list of its representatives and stewards:

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(187) The employer agrees to recognize the shop 

stewards, business manager, and field representatives, 

duly authorized by the union.

The union agrees to provide to the employer on a 

current basis, a complete list of all officers of the 

union and all authorized stewards for the unit, 

together with the designation of groups of employees 

or the area in the unit which each is authorized to 

represent as set forth below:

performance of these duties. Shop stewards shall be 

granted a reasonable amount of time to enable them 

to handle grievances during normal working hours. It 

is understood that permission of the immediate 

supervisor will be obtained for such absence, and 

permission will be granted in the absence of 

compelling circumstances. The Marshal agrees that 

there shall be no restraint, interference, coercion or 

discrimination against a steward or officer because of 

the performance of duties as provided for by this 

section.

Number o f Area o f

Stewards Buildings

2 01 through 07 and 101 through 107

2 08 through 014 and 108 through 114

2 201 through 206

1 207 and 208

2 209

2 210 and 211

1 212,213,214,215,216

1 301,302,303

1 304 through 307, 313,314

3 403 and 404

2 405

2 406,407,408,410,411 and 412

2 402 and Area K

1 505,506,507 and 904

3 508,509 and 510

(113) In order that the union may properly represent 

employees of the unit, the union will appoint not to 

exceed one steward per 40 employees of the unit plus 

an alternate for each steward, with the alternate to act 

only when the principal is absent or otherwise 

unavailable. The union shall supply the employer in 

writing and maintain with the employer on a current 

basis a complete list of all elected officers and 

authorized stewards. The locations of stewards will be 

subject to mutual agreement between the employer 

and the union.

The amount of time that a steward or representative 

is allowed to spend on union or association duties is a 

difficult issue to resolve in negotiations. In the collective 

bargaining contract, the parties frequently adopted what 

appeared to be vague terminology such as “a reasonable 

time” to describe what was allowable. This language did 

not beg the question. Rather, it permitted the parties 

flexibility, and allowed them to work out accommodations as their practical experience dictated. The clauses 

commonly stipulated that the steward or representative 

had to check with his supervisor before he left his job 

for organization business. Permission was to be granted 

except in extenuating circumstances:

(220) The shop stewards are authorized to perform and 

discharge the duties and responsibilities which may be 

properly assigned to them by the union under this 

agreement and the Marshal agrees that there shall be 

no discrimination against a shop steward due to the

(221) The employer agrees that chief stewards, stewards, 

or alternates will be authorized to leave their assigned 

duties for a reasonable length of time and at reasonable intervals to consult with management officials on 

matters covered by this agreement, and with 

employees to bring about the prompt handling of a 

possible complaint or grievance. The steward will 

request permission to leave his assigned duties from his 

immediate supervisor, who will normally authorize 

such absence, as work load permits, without loss of 

pay or charge to leave. The supervisor will also 

determine that the steward has made necessary 

arrangements with the appropriate management 

officials, or the supervisor of the employee, with 

whom he wishes to consult. If permission is denied in 

accordance with the provisions of this section, the 

supervisor will inform the union representative of the 

reason for the denial and of when the union 

representative can reasonably expect to leave his work 

area or contact an employee in another area. The 

union agrees that it will guard against the use of 

excessive time whenever authorized business is 

transacted during regular working hours. A steward or 

chief steward may be required to account for time 

away from his assigned duties.

However, in some provisions the parties agreed to a 

specific amount of time for steward activities. Both of 

the following clauses illustrate possible adjustments in 

the time allowed if circumstances so warranted:

(222) Reasonable time-defined as six (6) hours per day 

period which will be allowed shop stewards to carry 

out their normal functions. If more time in any special 

situation is required, it may be approved upon request.

It is agreed that during the first year of this agreement 

that this definition of reasonable time will be studied 

for the purpose of it being reconsidered at the end of 

the first year as to its validity.

(206) Representatives will be allowed time to discuss 

with an employee or employees, matters directly 

related to group work situations. One and a half hours 

per pay period, non cumulative, per representative. A 

maximum of six representatives shall be allowed for 

this purpose. Time extension shall be subject to 

employer approval.

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Clauses also stipulated the duties that stewards could 

perform. Among these were grievance activities, 

including advising employees, investigating facts, and 

representing employees:

(223) The steward shall deal with supervisors in resolving 

grievances and fostering the labor-management 

relationship within his department.

He shall:

1. Advise employees on regulations or the agreement and their rights as employees.

2. Investigate the facts surrounding grievances or 

problems submitted by employee.

3. The steward will represent the employee and/or 

the union in employee supervisory discussion of 

alleged grievances.

4. The steward shall assist employee in preparing a 

written grievance. When an employee indicates he 

wishes to submit a written formal grievance, the 

steward and employee shall be allowed reasonable 

working time and the use of the union office to do so.

5. The steward and the supervisor shall meet as 

necessary to discuss problems within the department.

(89) Upon request and approval in adyance by management, a reasonable period of time in an on-duty status 

will be granted to accredited representatives of the 

union for the purpose of carrying out the following 

union functions:

(a) Attending prearranged conferences with 

management officials.

(b) To be the personal representative of an 

employee who is presenting a complaint, grievance, or 

appeal from adverse action.

(c) To carry out the union rights and responsibilities as specified in Article 4, Section D.

Still other provisions set forth activities permitted 

and prohibited by representatives and stewards:

(79) Union officers, stewards engaged in official 

authorized activities wiU be authorized reasonable 

time off without loss of pay and benefits exclusive of 

overtime payment. The union agrees that its officials 

and stewards will hold to a minimum official time 

used in performing the activities authorized by applicable regulations and this agreement.

a. The employer agrees that a reasonable amount 

of time may be used for the following:

(1) To consult with supervisors, or management officials on matters of mutual concern to 

management and the union.

(2) Represent employees in the presentation of 

grievances or appeals.

(3) To draw up requests or recommendations 

in connection with consultations or meetings 

not involving grievances with supervisors or 

management officials.

b. The following activities may not be performed 

on duty time:

(1) Matters pertaining to internal management 

of the union.

(2) Membership meetings.

(3) Solicitation of membership.

(4) Collection of dues or assessments.

(5) Campaigning for union office.

(6) Distribution of posting of union literature, 

notices and authorization cards.

(7) Negotiation of a labor agreement, includes 

mediation, factfinding and arbitration of 

impasses when authorized in connection with 

such negotiations.

(8) Preparation of a grievance to be filed by an 

employee.

(224) The union officers or representatives shall represent 

the union and the employees of their designated area 

of representation in meeting with officials of the 

employer to discuss appropriate matters. An officer or 

representative may receive and investigate, but shall 

not solicit, complaints or grievances of employees on 

government time or property. Activities concerned 

with the internal management of the union, such as, 

but not limited to, solicitation of memberships, 

campaigning for officers, and the distribution of 

literature or authorization cards, shall not be 

conducted during working hours of the employees 

concerned.

Visitation rights. One-half of the agreements studied 

contained provisions permitting nonemployee union 

officials to visit the work place. (See table 23.) Such 

visits are necessary to carry on many legitimate unit 

activities, including meetings with agency officials. 

Agreement provisions generally required advance notice 

to management so that proper arrangements could be 

made. They also could contain rules which, to some 

degree, may restrain the employee representative’s access 

rights. For example, he may have to meet agency 

security regulations:

(225) Authorized union representatives from the headquarters office shall on appointment, be permitted to 

visit the Fleet Superintendent during working hours 

and to participate in other scheduled meetings 

between union employee representatives and Fleet 

management.

(226) Nonemployees serving as employee or union

representative will advise the employer, in advance, of 

the purpose and time of his intended visit___

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The employer will make necessary arrangements 

for authorized nonemployee union representatives to 

visit the work site to conduct allowable union 

activities, subject to security regulations and Section 

3(e) of this article.

In certain installations, officials were furnished with 

an official escort during their visit. Agreements also 

specified the activities permitted or prohibited while at 

the facility:

(44) The VA Hospital agrees to allow a national 

representative of NFEE and/or accompanied by Local 

1154 representative, to visit work sites of unit 

employees. The union representative will be 

accompanied by an employee to be designated by the 

Hospital Director. Local 1154 agrees that no member 

solicitation or union business will be conducted during 

these visits.

(36) The employer agrees to make necessary arrangements, subject to applicable security regulations, for 

authorized local and international representatives of 

the union, who are not Station employees, to visit the 

Station during regular working hours under the 

following circumstances:

a. To meet with management officials on appropriate union-management business.

b. To meet with employee union representatives 

for a reasonable time to prepare an agenda for 

meetings with management, and subsequently 

atten d the scheduled meetings with 

management.

c. To serve as chief negotiator for the union when 

negotiating a basic agreement or memorandum 

of understanding with the employer.

Dues withholding. Executive Order 11491 authorizes the 

deduction and subsequent transfer of dues to employee 

organizations, subject to regulations issued by the Civil 

Service Commission. Within this framework, dues checkoff provisions were negotiated in 68 percent of the 

agreements. (See table 23.) Checkoff procedures 

represent a substantial savings in money and time to 

employee organizations by freeing personnel, who otherwise would be assigned to collection activities, or other 

duties.

Dues checkoff provisions were found in only 18 

percent of the agreements studied in the 1964 Federal 

agreement study. This was due, in part, to the adoption 

of pertinent Civil Service regulations which had only 

become effective in January 1964. Recent studies 

indicate that dues checkoff provisions are relatively 

common in government and non-government contracts. 

They have been adopted in 69 percent of cities with 

populations of 10,000 or more13; in 77 percent of the

studied agreements from cities having populations of

250,000 or more14, and 81 percent of agreements from 

private industry covering 1,000 workers or more.15

Some provisions were brief, and simply stated that 

dues would be checked off according to Civil Service 

Commission regulations. Procedures applying to 

transferred employees, as set forth in the second 

illustration, were rare in agreements.

(196) The employer agrees that payroll deductions for 

the payment of employee organization dues shall be 

made from the pay of employees who voluntarily 

request such dues deduction and who are bona fide 

members in good standing of employee groups granted 

formal or exclusive recognition. In implementing the 

dues withholding program, the employer and the 

union shall be governed by provisions of this article 

and applicable Civil Service Commission regulations 

and FAA directives.

(227) The employer shall deduct the local dues from the 

paychecks of the local's members, employed in the 

recognized unit, who so desire the payroll deduction 

of their local dues. The amount of this deduction and 

the specific procedure to be used shall be as specified 

in the “Agreement for the Voluntary Allotment for 

the Payment of Dues” negotiated by the employer and 

the local, and appropriate regulations.

The transfer of payroll deductions from members 

of any other NFFE Local having formal or exclusive 

recognition with DCASR, St. Louis to Local 1449 

shall be accepted by the employer upon receipt of new 

authorization form clearly marked “Transfer from 

NFFE Local to NFFE Local 1449.” The effective date 

of the transfer will be the start of the next pay period 

after receipt of the new authorization form by the 

employer.

Lengthier clauses usually contained details covering 

the form for authorizing dues deduction, the names and 

addresses of employee organization officials designated 

to certify membership and to receive dues remittances, 

and the names and addresses of government officials to 

receive and process checkoff authorizations. In addition, 

some contracts limited deductions to dues only,limited 

changes in dues rates for checkoff purposes to once a 

year, and set the conditions under which dues deductions for individual employees would be stopped. Others 

spelled out the separate responsibilities of each party 

and their joint stipulations, including a payment to the 

agency for costs incurred:

(228) .. .Authorized withholding of dues will be made in 

conformance with the 26 biweekly pay period 

schedule and procedures under which GSA employees 

are regularly paid. For the purpose of allotments, dues

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(134)

are the periodic amounts required to maintain the 

employee as a member in the union. Initiation fees, 

special assessments, back dues, fines, and similar items 

shall not be considered as dues.

The amount of dues deducted shall remain as 

originally certified until a change is authorized by the 

union treasurer and certification is submitted to the 

Chief, Employee Accounts Branch. Only one such 

change shall be made in any period of twelve 

consecutive months. The amended amount will be 

withheld effective the pay period following the pay 

period during which the notice is received in the 

payroll office at the latest, unless a later date is 

specified by the union.

An allotment will be terminated when:

1. The union loses Exclusive Recognition.

2. The union notifies the Chief, Employee 

Accounts Branch, that the employee is no longer a 

member in good standing.

3. The employee is separated from GSA.

4. The employee informs the Employee Accounts 

Branch that he wishes to cancel his allotment by 

submitting Standard Form 1188, Revocation of 

Voluntary Authorization for Allotment of Compensation for Payment of Employee Organization Dues.

5. An employee may withdraw a revocation of 

allotment at any time before it has made effective by 

submitting a written memorandum to that effect to 

the Employee Accounts Branch...

Employee organization responsibilities

The union is responsible for:

A. Informing its members on the voluntary 

nature of the system for the allotment of 

employee* organization dues including the conditions under which the allotment may be 

revoked;

B. Purchasing and distributing to its members 

Standard Form 1187;

C. Notifying the . . . Labor Relations Office in 

writing of:

(1) Current authorized names and titles of 

officials who will make the necessary 

certification.

(2) Any change in the amount of dues to be 

deducted.

(3) Any employee who is no longer in good 

standing within ten days of the date of such 

determination.

D. Forwarding properly executed and certified 

Standard Form 1187 (in duplicate) to the . . . 

Labor Relations Office on a timely basis;

E. Promptly forwarding an employee’s revocation to the — Labor Relations Office when 

such revocation is submitted to the union; and

F. (1) Keeping the . . . Labor Relations Office 

informed of the name, title and address of the 

allottee to whom remittances should be sent...

(2) Keeping the . . . Labor Relations Office 

informed of the allottee to whom checks shall 

be payable... .

Management responsibilities

The employer is responsible for:

A. Permitting and processing voluntary allotment of dues in accordance with this agreement;

B. Withholding dues on a semi-monthly basis 

and recovering the prescribed costs for this 

service;

C. Notifying the employee and the union when 

an employee is not eligible for an allotment. 

The . . . Labor Relations Office is responsible 

for this notification;

D. Withholding new amounts of dues upon 

certification from the authorized union official 

that the amount has not been changed during 

the past twelve months .

E. Transmitting remittance checks to the 

allottee designated by the union, together with 

a listing of employees for whom deductions 

were made and a copy of all revocation notices 

received in the payroll office; and

F. Providing the following information on the 

remittance listings:

(1) The name of each employee for whom 

the deduction is being made, or has authorized 

to be made, during the current pay period, plus 

the name of each employee for whom 

authorizations were applicable in the previous 

pay period but for whom amounts are not 

being deducted in the current pay period.

(2) For each employee or group of 

employees the following information will be 

given to the extent applicable :

a. Amount withheld;

b. No deduction because employee’s 

compensation insufficient to permit a 

deduction.

(3) The gross amount deducted, the amount 

of prescribed costs retained, and the net 

amount remitted.

Joint stipulations

A. The amount of the dues to be deducted as 

allotments from compensation may not be

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changed more frequently than once each twelve 

months;

B. The amount currently established for fees at 

$0.02 for each deduction per employee per pay 

period will be automatically adjusted by the . . . 

payroll office when this amount is changed by 

the Gvil Service Commission;and

C. Administrative errors in remittance checks 

will be corrected and adjusted in the next 

remittance check to be issued to the employee 

organization. If the union is not scheduled to 

receive a remittance check after discovery of an 

error, the union agrees to promptly refund the 

amount of erroneous remittance.

Leave for union business. Under Civil Service Commission regulations, leave without pay to serve as an 

officer or representative of an employee organization 

may be granted by an agency, and may be extended 

upon request of the individual, union, or association, 

subject to approval by the agency. Such leaves 

commonly are for 1 year each, and can be extended 

annually. Before granting leave for union business, the 

agency must consider that the position will be

encumbered during the leave and that it will be obliged 

to reemploy the individual at the end of the approved 

leave period. Short-term leave for union business, usually 

to attend union conventions or other meetings, also may 

be permitted. Here the agency must consider the impact 

on its day-to-day operations in its decision to grant such 

leave.

Short term and extended leaves of absence for union 

business were found in 57 percent of the agreements 

studied. At least one-half of the leave provisions set 

forth the status of employees on leave, and one-third 

referred to reemployment rights. (See table. 24.) Units 

of the Departments of Navy and Army had negotiated 

most of these provisions.

Leaves of absence for union office could occasionally 

determine the number of eligible employees. Virtually 

all provisions set limits of 1 year which could be 

extended upon application:

(229) Leave for union officials will be granted as follows:

(1) Upon certification from the AFGE National 

Office, leave without pay shall be granted to not more

Table 24. Leave of absence for union business in Federal collective bargaining agreements, by agency, late 1971

Agency

All

agreements

Leave of absence for

union business

Status of employee

on union leave

Reemployment rights

for members on leave

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 671 532,745 380 397,541 195 165,899 125 131,646

Agriculture.................................................. 7 6,208 5 6,156 1 7

__ _

Air F o r c e .................................................... 75 96,976 39 76,197 20 15,051 13 43,454

A r m y ........................................................... 144 125,111 92 91,350 43 42,313 35 30,873

Civil Service Commission ......................... 1 100 — — — — — —

Commerce .................................................. 7 2,632 2 271 1 230 1 230

Defense ...................................................... 23 21,891 12 12,415 7 5,739 5 5,294

Federal Communications Commission 1 6 1 6 1 6 — _

General Services Adm inistration.............. 34 9,313 15 7,402 7 1,722 2 697

Health, Education, and Welfare................ 28 17,375 8 14,166 5 1,437 3 1,234

Housing and Urban Development............ 2 80 2 80 1 25 _ _

Information A g e n cy .................................. 2 2,215 1 2,093 — — — —

Interior......................................................... 24 4,249 8 2,733 3 1,456 1 1,380

Justice ......................................................... 5 9,623 3 5,214 — _ _ _

Labor ........................................................... 2 9,411 2 9,411 — _ _ —

National Aeronautics and Space

Administration .................................... 6 7,325 5 4,511 3 2,987 2 1,787

N a vy............................................................. 140 124,856 116 114,503 78 82,651 43 34,683

National Labor Relations B o a rd .............. 2 654 — — — — — _

Office of Economic O p p ortu nity............ 1 803 1 803 — — _ —

Railroad Retirement Board ..................... 1 1,405 1 1,405 — _ _ __

Selective Service System ........................... 1 285 — — — _ __

Small Business Adm inistration................ 2 589 2 589 1 20 _ __

Smithsonian and Gallery of A r t .............. 2 186 2 186 2 186 2 186

Soldiers' H o m e ........................................... 1 186 — — _ _ _ _ _

Transportation........................................... 17 2,248 4 1,204 3 354 3 1,014

T reasury...................................................... 32 21,935 14 14,055 2 150 3 2,010

Veterans Administration ......................... 111 67,083 45 32,791 17 11,565 12 8,804

N O TE: Nonadditive.

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than two of the members of the union to serve with 

AFGE for one year. An extension will be considered 

for a second year upon request. ..

Provisions which permitted short term leave, usually 

defined the circumstances for which the time off would 

be granted:

(230) After advance notice is given by the employee, the 

employer agrees to grant annual leave, if available, or 

leave without pay. to an employee selected by the 

union to attend union conventions and conferences. 

The employer also agrees to grant administrative leave, 

ordinarily up to eight hours, to an employee selected 

by the union to attend a training seminar which meets 

the required criteria, e.g., to receive information, 

briefing, or orientation relating to matters of mutual 

concern to the agency and the union, in his capacity as 

an organization representative.

Among these were provisions which established the 

amount of permissible time off for each of several kinds 

of employee organization meetings:

(231) The lodge may designate not to exceed four (4) 

employees as representatives elected or appointed to a 

union office or as a delegate to any union activity 

necessitating a leave of absence. Upon two weeks 

written notification to the Center by the lodge, such 

employees shall be granted appropriate leave unless 

such absence would unduly interrupt the operation of 

the activity. Such leave will be granted to participate 

in the following activities:

(1) National Convention One (1) week every other year

(2) District Convention Three (3) days each year

(3) State Council Two (2) days twice a year

For those employees granted leave of absence of 1 

year or more, provisions could guarantee that their 

seniority would not be broken, and in fact, might 

grow.16 Clauses could also specify continuation of 

employee life insurance, health benefits, and bumping 

rights during union leaves of absence:

(155) Any one member of the union elected or appointed 

to full-time union office shall, upon written request of 

the union, be granted annual leave or leave without 

pay, upon application. He shall not lose his seniority 

established at the time of the leave of absence and 

shall accrue seniority subject to applicable Civil 

Service Regulations. Leave without pay for the above 

purposes is limited to periods not in excess of one 

year, but shall be renewed at the option of the 

employer upon receipt of a written union request and 

application for extension of leave without pay.

(232) It is recognized that the improvement of a union 

representative’s capabilities in that capacity will

benefit the Federal Service as well as the union; 

therefore the employer agrees to grant annual leave 

and/or leave without pay when an employee in the 

unit has been elected or appointed to a union office or 

as a delegate to any union activity requiring leave of 

absence whenever possible consistent with regulations 

and work load requirements.

Subject to law and regulations, it is agreed that an 

employee on leave of absence without pay shall retain 

all rights he would otherwise enjoy while in pay status, 

including but not limited to, reduction-in-force rights, 

coverage under the Federal Employees Group Life 

Insurance Program and Federal Employees Health 

Benefits Program.

A small number of agreements specifically guaranteed 

reemployment rights to employees on leave. They were 

to return to their old jobs or to other ones if 

necessitated by internal agency changes:

(233) The employer recognizes the obligation to provide 

employment within the rating the employee held upon 

his request for leave of absence or to any changed 

rating through reduction-in-force action or reclassification of the job and in current pay status of such 

rating at the time the employee returns to work, 

provided the employee returns to work no later than 

at the end of the leave period.

The employer also recognizes the bumping and 

retreating rights of employees on approved leave of 

absence without pay in situations where the 

employee’s status has been affected by reduction-inforce action during his leave of absence.

Employees in approved leave without pay status 

shall accrue all rights and privileges in respect to 

retirement status and coverage under the Group Life 

Insurance and Federal Employees Health Benefits 

Programs.

(234) . . .When an employee is on leave without pay

under the provisions of the agreement, he will be 

returned to his former position unless it becomes 

necessary in the interest of the service to reassign him 

to another position during his absence or upon his 

return. The employee will be advised in writing of the 

necessity of any change in his status during an 

approved period of such absence without leave.

Labor-management activities

Executive Order 11491 requires that “an agency and 

a labor organization that has been accorded exclusive 

recognition, through appropriate representatives, shall 

meet at reasonable times and confer in good faith with 

respect to personnel policies and practices and matters 

affecting working conditions.. . . ” 17

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Negotiating under this mandate, the parties have 

included various provisions in their agreements which are 

designed to facilitate union-management communication, cooperation, and successful collective bargaining.

Cooperation committees. Nearly one-half of the agreements, double the percentage found in the Bureau’s 

1964 study, established committees to improve cooperation generally, or to deal with various specific problems. 

(See table 25.) Negotiation of agreements and processing 

of grievances were excluded from the duties of these 

committees.

The parties could adopt broad language to describe 

committee purposes and to deal in a general way with 

matters such as efficiency and working conditions:

(235) In order to achieve the fullest possible benefit from 

employee-management cooperation there shall be 

established a joint employee-management cooperative 

committee to consist of an equal number of 

representatives, not more than three with alternates 

for each, chosen by the union from Project employees 

and by the manager from the Project supervisory staff. 

This committee shall have power of self-organization 

and shall record all proceedings. This committee shall 

have the prerogative of recommending improvements

in efficiency and employment conditions, but shall 

not consider or act on matters that are subject to 

negotiation such as grievances, or matters relating to 

pay of hourly or ungraded employees.

One section of the agreement established a cooperation committee; another specified the matters which 

conceivably came within its scope. In the following 

contract, for example, the parties underscored a number 

of items relating to productivity:

(45) it is agreed that the employer shall meet with 

representatives authorized by NFFE 1214 at least 

once each quarter, for the purpose of reviewing and 

discussing matters of common interest in establishing 

and maintaining labor-management cooperation. 

Additional meetings will be held upon mutual agreement between the parties on the need therefor. It is 

further agreed that not later than 3 work days prior to 

such meetings each party will provide the other with a 

written list of basic matters which it wishes to have 

included on the discussion agenda...

»

NFFE 1214 agrees it will actively cooperate with 

the employer and support the employer’s efforts to 

strengthen the management-employee relations 

program as envisioned by Executive Order 11491 and

Table 25. Cooperation and incentive awards' committees in Federal collective bargaining agreements, by agency, late 1971

Agency

All

agreements

Joint committees

Cooperation Incentive awards

Agreements Workers Agreements Workers Agreements Workers

Total ............................................................................. 671 532,745 314 293,412 141 154,167

A g ricultu re........................................................................ 7 6,208 7 6,208 _

Air Force ........................................................................... 75 96,976 47 66,000 25 17,632

Army .................................... ............................................ 144 125,111 61 71,684 26 41,399

Civil Service Commission ................................................ 1 100 — — — —

Com m erce........................................................................... 7 2,632 2 240 5 6,290

Defense............................................................................... 23 21,891 13 11,321 — —

Federal Communications Commission ......................... 1 6 1 6 — _

General Services Adm inistration.................................... 34 9,313 21 7,284 — —

Health, Education, and W elfare....................................... 28 17,375 14 14,633 3 693

Housing and Urban Developm ent.................................. 2 80 1 55 — —

Information A g e n c y ......................................................... 2 2,215 1 2,093 — —

Interior............................................................................... 24 4,249 18 3,755 4 1,216

Justice................................................................................. 5 9,623 5 9,623 1 4,358

Labor ................................................................................. 2 9,411 2 9,411 1 5,154

National Aeronautics and Space Adm inistration......... 6 7,325 3 4,129 1 1,329

N a v y .................................................................................... 140 124,856 42 44,295 65 70,305

National Labor Relations B o a r d .................................... 2 654 1 180 — —

Office of Economic Opportunity .................................. 1 803 1 803 — —

Railroad Retirement B o a rd ............................................. 1 1,405 — — — —

Selective Service S y stem .................................................. 1 285 — — — —

Small Business Administration ....................................... 2 589 1 20 2 589

Smithsonian and Gallery of Art .................................... 2 186 — — 1 163

Soldiers' H o m e .................................................................. 1 186 — — _ _

Transportation .................................................................. 17 2,248 6 819 1 850

T re a su ry ............................................................................. 32 21,935 22 16,124 1 375

Veterans Adm inistration.................................................. 111 67,083 45 24,729 5 3,814

N O TE: Nonadditive.

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implementing regulations of the Federal agencies, 

assure a full day’s work on the part of all employees in 

the unit, and that it will actively seek to combat 

absenteeism, carelessness, inefficiency and other 

practices which may restrict production and hamper 

efficiency. NFFE 1214 further agrees to actively 

support the employer in efforts to eliminate waste, 

conserve materials and supplies, improve the quality of 

w orkm anship, encourage the submission of 

improvment and cost-reduction suggestions, improve 

the unit safety program, and improve relations within 

the community.

Committees could be established at various levels of 

the agency. Such a structure, through coordination of 

the various committees, could assure that policies agreed 

upon by the top group were carried through 

consistently. By the same token, matters of concern to 

lower level groups might be communicated upward:

(165) The parties agree to establish joint employer-union 

cooperation committees as follows:

a. SAAMA Commander Level

b. Directorate Level

c. Division Level

d. Branch Level

e. Section Level

These committees will be scheduled to meet every 

other month at a convenient on-base location provided 

by the employer.

These committees will have as their purpose and 

shall give consideration to such matters as; implementation of the agreement; the application of rules, 

regulations and policies; the correction of conditions 

making for grievances and misunderstandings; the 

encouragement of good human relations in employeem anagem ent relationships; the betterment of 

employee working conditions; job related education 

and training; aond the strengthening of employee 

morale. Individual grievances will not be taken up 

during these meetings.

Provisions could set forth in detail the committee’s 

composition, objectives, and operations:

(236) 1. The union and the employer agree that a joint 

labor-management committee will be established consisting of not more than four (4) members selected by 

the union and an equal number consisting of the 

employee’s management, for the purpose of reviewing, 

discussing, consulting, giving consideration and making 

recommendations to the employer on such matters as:

a. The common interests in establishing and maintaining labor-management relations between the 

employer and the union;

b. Areas outlined in Article VI, this agreement;

c. The elimination of waste and the conservation 

of materials and supplies;

d. The promotion of education and training;

e. The corrections of conditions making for 

grievances and misunderstanding;

f. The improvement of working conditions;

g. The safeguarding of health and the prevention 

of hazards to life and property;

h. Questions arising over the interpretation and 

application of this agreement;

i. The improvement of the morale of the 

employees;

2. The committee shall meet monthly, on the 2nd 

Wednesday of the month, at a time and place mutually 

agreeable to both parties. If either party has topics for 

discussion, it shall prepare an agenda and submit same 

to the other party at least one week prior to the 

meeting.

3. Minutes shall be taken and maintained. Copies shall 

be furnished to the members of the committee not 

later than one week after each meeting. Prior to the 

release of the minutes both parties shall agree on the 

general contents of the minutes.

Incentive award committees. Incentive award committees were found in one-fifth of the agreements; 82 

percent of these involved Army, Air Force, and Navy 

units. (See table 25.) These varied greatly in the degree 

of participation permitted the employee organization.

Some allowed employee representatives to be 

observers only, others granted them a voice in limited 

aspects of the committee’s operations, but excluded 

them from electing employees to receive awards:

(44) Local 1154 will nominate five (5) employees, one 

of which will be appointed by the Hospital Director as 

an observer on the Employee Incentive Awards Committee.

(237) The Commanding Officer of the US Army Natick 

Laboratories will appoint the Incentive Awards Committee from among key-operating employees and staff 

officials. Twelve (12) regular members will be 

appointed plus fifteen (15) associate members from 

the major organizational units. Appointments will be 

based on the recommendations of the Laboratory 

Directors and Office Chiefs.

The union representatives appointed by the 

President, NAGE, Local Rl-34 will be invited by 

the Executive Secretary to participate in the deliberation of the Incentive Awards Committee with respect 

to:

a. Planning suggestion program activities to 

stimulate participation.

b. Establishing suggestion program goals and 

targets.

c. Evaluating suggestion program progress, 

appraisal of employee, supervisor and management 

reactions.

Union representatives will not participate in any 

discussion or vote with respect to nomination or

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consideration of nominations for cash or performance 

or honorary awards.

Other agreements provided full membership rights for 

employee representatives:

(31) The employer agrees that two (2) members of the 

unit may be designated as official members of the 

Incentive Awards Committee. These employees will sit 

in on all Incentive Award Committee meetings whenever any member of the unit is involved and shall be 

subject to the operating rules and regulations of the 

Committee. These employees will be designated by the 

union.

Negotiation committees. Although negotiating committees may be assumed to exist whenever parties have 

concluded a written agreement, only 37 percent of the 

contracts, compared to 54 percent in 1964, referred to 

these committees. (See table 26.) The decrease, one of 

the few in the study, resulted in large measure from a 

change in provisions in General Services Administration 

agreements, which in the interim had eliminated 

references to negotiating committees. Seventy percent of 

the committee clauses referred to the committee’s 

composition; the rest alluded vaguely to its existence 

without giving further details, as in the following:

(238) Any supplementary agreements shall be signed by 

the negotiating committee for labor and management 

and will become effective upon approval by the Area 

Director.

Where the composition was spelled out, provision was 

often made for observers or consultants to attend, 

sometimes with limits on the total number of people 

mutually agreed upon by the parties.

(114) The negotiating committee will be made up of six 

permanent representatives; three representing management and three representing A. F. G. E. Local #1882. 

Additional temporary members may be added by both 

parties to the agreement providing that membership 

for each party at any one time may not exceed a total 

of six members both permanent and temporary.

Clauses also could detail procedures for changing the 

committee’s designees and specify the committee’s 

purposes, w hich might extend from contract 

negotiations to contract administration:

(239) Those persons, not to exceed four, who shall 

represent management in consultations or negotiations 

and not to exceed four persons who shall represent 

NFFE 253 shall be designated in writing by the 

employer and NFFE 253, respectively. When changes 

in those designated representatives become necessary,

the other party shall be notified. The attendance of 

consultants, in number mutually agreed between the 

parties, shall be permitted. The representatives of each 

party shall make themselves reasonably available to, 

and maintain an “open door policy” toward the 

representatives of the other party, for purposes of 

negotiation and consultation.

(240) A negotiation committee composed of five installation representatives and five union representatives 

shall be established for the purpose of conducting 

negotiations leading to the revision of this agreement, 

development of supporting agreements, or the resolution of differences concerning the interpretation of 

this agreement.. . .

Over one-fourth of all studied agreements referred to 

time spent on negotiations. Executive Order 10988 had 

permitted the parties, whenever it was reasonable, to 

hold meetings, including negotiations, on official time; 

thereby employees would be safeguarded from loss of 

income during part or all of such activities. Executive 

Order 11491, however, eliminated this benefit, by 

stating that, “Employees who represent a recognized 

labor organization shall not be on official time when 

negotiating an agreement with agency management.” 18 

Thus, most of the 185 agreements referring to 

negotiating time specifically excluded pay for time in 

bargaining:

(26) Employees who represent the union shall not be on 

official time when negotiating an agreement.

(15) There will be four representatives each from 

management and union unless otherwise agreed upon. 

Employees who are union representatives will 

negotiate on off duty time.

However, several agreements provided for negotiations on duty time. The clauses came from agreements 

which had been negotiated under Executive Order 

10988 and had apparently continued from year to year 

without changes.

Impasse procedures. In the absence of the right to strike, 

the need for alternate procedures to resolve impasses in 

agreement negotiations is readily apparent. Executive 

Order 10988, however, had been silent on what methods 

Federal agencies and employee organizations could use, 

and consequently, the parties adopted procedures 

already found in other segments of the economy; 

namely, mediation and factfinding. They also developed 

a means of referring deadlocks to higher agency 

authority for resolution.19

Executive Order 11491, on the other hand, addressed 

itself directly to the question of impasse resolution. It 

authorized, first, the use of the Federal Mediation and

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Table 26. Negotiating committees and negotiating time arrangements in Federal collective bargaining agreements, by agency,

late 1971

All

agreem

Negotiating committees

Reference to

Agency ents negotiating time

Provision for Composition specified

Agreements Workers Agreements Workers Agreements Workers Agreements Workers

Total ................................................ 671 532,745 246 173,191 173 82,651 185 105,635

Agriculture.................................................. 7 6,208 4 6,149 3 649 3 649

Air F o r c e .................................................... 75 96,976 15 36,362 9 5,013 14 *

8,426

A r m y ........................................................... 144 125,111 35 31,648 13 6,151 24 22,836

Civil Service C om m ission......................... 1 100 1 100 1 100 1 100

Commerce .................................................. 7 2,632 4 1,344 2 214 4 1,344

Defense ...................................................... 23 21,891 6 4,936 3 2,273 6 4,069

Federal Communications Commission 1 6 1 6 — — — —

General Services Adm inistration.............. 34 9,313 5 1,097 4 1,063 4 1,005

Health, Education, and Welfare................ 28 17,375 15 2,281 15 2,281 11 1,294

Housing and Urban Development............ 2 80 2 80 2 80 2 80

Information A g e n cy .................................. 2 2,215 1 122 1 122 — —

Interior......................................................... 24 4,249 21 3,939 18 3,519 11 646

Justice ......................................................... 5 9,623 — — — — — —

Labor ........................................................... 2 9,411 1 5,154 — — — —

National Aeronautics and Space

Administration .................................... 6 7,325 1 195 •

N a vy............................................................. 140 124,856 22 14,504 2 1,227 11 10,879

National Labor Relations B o a rd .............. 2 654 — — — — 2 654

Office of Economic O p p ortu n ity............ 1 803 1 803 1 803 — —

Railroad Retirement Board ..................... 1 1,405 — — — — 1 1,405

Selective Service System ........................... 1 285 1 285 1 285 1 285

Small Business Adm inistration................ 2 589 2 589 1 20 — _

Smithsonian and Gallery of A r t .............. 2 186 2 186 1 23 1 23

Soldiers' H o m e ........................................... 1 186 — — — — — —

Transportation........................................... 17 2,248 1 190 — — 1 30

Treasury...................................................... 32 21,935 4 1,095 1 510 5 3,378

Veterans Administration ......................... 111 67,083 101 62,126 95 58,318 83 48,532

NOTE: Nonadditive.

Conciliation Service (FMCS), or other third-party 

mediation, to resolve deadlocks in negotiations. The 

Executive Order also created the Federal Service 

Impasses Panel (FSIP) to act, if requested by either 

party, when impasses still existed after FMCS or other 

third-party intervention. The FSIP may then consider 

the impasse and may, at its discretion, recommend 

procedures to the parties for resolving the problem or 

may settle the impasse by appropriate action—either 

arbitration or factfinding with recommendations.

Short of arbitration and the use of the FSIP, the 

parties have voluntarily retained the kinds of procedures 

that had been negotiated earlier and have added language 

to conform with Executive Order 11491. In total, 48.6 

percent of the agreements studied contained one or 

more impasse procedures, compared to 46.9 percent in 

1967. (See table 27.)

Compared with 1964 and 1967, the proportion of 

agreements including 2 of the 3 major procedures 

changed slightly, but the frequency of mediation procedures rose significantly, as a result of the Executive 

Order’s authorization to use FMCS services as shown in 

the following tabulation:

Percent o f

agreements

1964 1967 1972

Factfinding ................................... 25.0 27.3 24.6

Mediation ...................................... 11.5 11.1 33.1

Referral to higher authority20 . . . 25.0 29.4 25.0

In most instances, more procedures than one were 

included in the agreement, and their sequence varied. 

For example, referral to higher authority could precede 

or follow mediation; and mediation could be invoked 

before or after factfinding had been tried. For clarity of 

presentation, each arrangement will be discussed and 

illustrated separately.

Factfinding provisions usually stipulated committee 

composition and authority. In most cases, the committee was tripartite in structure with the.partisan

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Table 27. Negotiation impasse procedure in Federal collective bargaining agreements, by agency, late 1971

All

Total negotiation

impasse

procedures

Factfinding Mediation

agreements only only

Agency Agreements Workers

Agreements Workers

Agreements Workers

Agreements Workers

Total ........................................ 671 532,745 326 239,951 46 39,912 23 18,375

Agriculture ........................................ 7 6,208 7 6,208 1 19 — —

Air F o rc e ............................................. 75 96,976 22 33,274 1 14,422 1 225

Army .................................................. 144 125,111 60 51,232 2 3,690 6 6,634

Civil Service Commission ................ 1 100 1 100 1 100 — —

C om m erce.......................................... 7 2,632 5 1,397 — — — —

D efense................................................

Federal Communications

23 21,891 10 7,029 — — 1 188

Com m ission................................... 1 6 — — — — — —

General Services Administration . . . 34 9,313 28 5,051 — — 6 2,886

Health, Education, and Welfare . . . 28 17,375 13 15,758 1 22 2 925

Housing and Urban Development . . 2 80 1 55 — — — —

Information Agency ........................ 2 2,215 1 122 — — — —

In terio r................................................ 24 4,249 22 3,816 1 70 1 221

Justice ................................................ 5 9,623 5 9,623 — — — —

Labor ...................................................

National Aeronautics and Space

2 9,411 2 9,411 — — 1 4,257

Adm inistration............................. 6 7,325 1 1,200 — — — —

N a v y ..................................................... 140 124,856 18 13,995 2 831 1 871

National Labor Relations Board . . . 2 654 — — — — — —

Office of Economic Opportunity . . 1 803 1 803 — — — —

Railroad Retirement B o a r d ............. 1 1,405 1 1,405 — — — _

Selective Service S y ste m ................... 1 285 1 285 — — — —

Small Business Administration . . . . 2 589 1 20 1 20 — _

Smithsonian and Gallery of Art . . . 2 186 2 186 — — — —

Soldiers' H o m e ................................... 1 186 — — — — _ —

Transportation................................... 17 2,248 2 220 — — — —

Treasury ............................................. 32 21,935 16 13,509 1 510 — —

Veterans Adm inistration................... 111 67,083 106 64,892 35 20,228 4 2,168

Factfinding, Factfinding, Factfinding Factfinding,

mediation and referral mediation, FSIP, and and FSIP and higher

to higher authority higher authority higher authority authority

Agreements Workers

Agreements WorkersAgreements Workers

Agreements Workers

Total ........................................ 33 17,358 12 7,030 21 15,278 3 3,396

Agriculture ........................................ 1 33 — — — — — —

Air F o rc e ............................................. 6 3,267 — — 3 3,607 1 874

Army .................................................. 4 2,026 3 2,087 8 6,948 — —

Civil Service Commission ................ — — — — — — — —

C om m erce.......................................... 1 900 1 230 — — — _

Defense ................................................

Federal Communications

— — — — — — — —

Com m ission................................... — — — — — — — —

General Services Administration . . . 4 324 — — — — — —

Health, Education, and'Welfare . . . 3 528 1 56 2 407 — _

Housing and Urban Development . . - - - - — — — —

Information Agency ........................ — — — — — — — —

In terior................................................ 3 112 1 15 — — — —

Justice ................................................ 1 4,001 — — 1 51 — —

L a b o r ..................................................

National Aeronautics and Space

— — — — — — — —

Adm inistration............................. — — — — — — — —

N a v y ..................................................... 1 786 - - 2 2,398 1 1,538

National Labor Relations Board . . . — — — — — — — —

Office of Economic Opportunity . . — — — — — — — —

Railroad Retirement B o a r d ............. — — — — — — —

Selective Service S y stem ................... 1 285 — — — — — —

Small Business Administration .... — — — — — — — —

Smithsonian and Gallery of Art . . . - - - — 2 186 — —

Soldiers' H o m e ................................... — — — — — — — —

Transportation................................... - - - - 1 190 - —

Treasury ............................................. — — — — — — — —

Veterans Adm inistration................... 8 5,096 6 4,642 2 1,491 1 984

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Referral to

higher

authority only

Refe

Fi

Ol

rral to

SIP

ilv

Fact!

a

med

inding

nd

iation

Factfinding,

mediation,

__ and FSIP______ Agency

Agreements WorkersAgreements WorkersAgreements WorkersAgreements Workers

31 11,289 2 944 35 21,168 14 6,654 Total.

2 514 — _ — — 1 93 Agriculture.

2 2,297 — — 1 230 — — Air Force.

3 295 — — 7 5,648 3 1,990 Arm y.

— — — — — — — — Civil Service Commission.

1 204 — — — — — — Commerce.

— — — — — — 1 765 Defense.

Federal Communications

— — — — — — — — Commission.

9 649 — — 2 32 — — General Services Administration.

1 970 — — — — — — Health, Education, and Welfare.

— - — - - - - — Housing and Urban Development.

— — — — — • — — — Information Agency.

2 156 — — 1 1,380 1 216 Interior.

— — — — — — — — Justice.

— — — — — — — — Labor.

National Aeronautics and Space

— — — — — — — — Administration.

5 2,796 — — — — — — Navy.

— — — — — — — — National Labor Relations Board.

— — — — — — - - Office of Economic Opportunity.

— — — — — — — — Railroad Retirement Board.

— — — — — - - - Selective Service System.

— — — — — — — — Small Business Administration.

— — — — — — — — Smithsonian and Gallery of Art.

— — — — — — — — Soldiers' Home.

1 30 — — — — - — Transportation.

5 3,378 — — 1 122 — — Treasury.

- - 2 944 23 13,756 8 3,590 Veterans Administration.

Mediation Mediation Mediation, Factfinding,

and higher and FSIP, and higher and

authority FSIP authority FSIP

Agreements

Workers

Agreements Workers

Agreements Workers

Agreements Workers

35 20,293 37 37,782 33 38,836 1 1.276 Total.

1 5,500 — — 1 49 - - Agriculture.

— — 3 2,942 4 5,410 — — Air Force.

10 6,544 9 11,676 5 3,694 — — Army.

_ — — — — — — — Civil Service Commission.

1 10 1 53 — — — — Commerce.

— — 4 3,611 4 2,465 — — Defense.

Federal Communications

— — — — — — — — Commission.

4 205 1 49 2 906 — — General Services Administration.

2 284 — — 1 12,566 — — Health, Education, and Welfare.

_ — 1 55 — — — — Housing and Urban Development.

1 122 — — — — — — Information Agency.

6 384 — — 6 1,262 — — Interior.

1 46 — — 2 5,525 — — Justice.

— — 1 5,154 — — — — Labor.

National Aeronautics and Space

— — — — 1 1,200 — — Administration.

4 3,127 1 107 1 1,541 — — Navy.

_ — — — — — — National Labor Relations Board.

_ _ 1 803 — — — — Office of Economic Opportunity.

__ _ 1 1,405 _ — — — Railroad Retirement Board.

_ _ — — — — — — Selective Service System.

__ __ _ — — — — — Small Business Administration.

_ — — — — — — - Smithsonian and Gallery of Art.

__ _ _ — — — — — Soldiers' Home.

— — — — — - - - Transportation.

1 375 8 9,124 — — — — Treasury.

4 3,696 6 2,803 6 4,218 1 1,276 Veterans Administration.

N O TE: Nonadditive.

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members choosing the neutral(s). The committee could 

just define the issues over which the deadlock developed, 

or it could make recommendations.21 Provisions also 

stipulated time limits, the equal sharing of costs, and the 

use of duty time for carrying out committee activities:

(241) The factfinding committee shall consist of three 

VA employees. The union and the hospital shall each 

appoint one member and these two shall select the 

third member. No member of the negotiation committee shall serve on the fact-finding committee.

The issues in dispute will determine the amount of 

time to be granted the committee in securing the facts. 

The parties will, upon submitting a disagreement to 

the fact-finding committee, set a specific date for the 

committee to report. Official duty time shall be 

allowed the committee for discharging its functions.

The committee shall, by inquiry, research and 

conference, ascertain the exact facts at the basis of the 

dispute and submit their findings, with recommendations, to the negotiating parties for consideration.

The parties will consider the facts submitted by the 

committee and will make at least one more effort to 

reach agreement within 30 days after receipt of the 

report. This 30-day period may be extended if 

unforeseen circumstances preclude either party from 

resumption of negotiations.

(65) After all items of the negotiations have been 

discussed and there still remains any supplemental 

agreement, any amendment thereof or any amendment to the basic agreement on which the parties have 

been unable to reach an agreement, each item in 

dispute will again be brought up for discussion and a 

diligent effort will be made to resolve the issue (s) and 

reach an agreement. When at the end of thirty (30) 

days after the commencement of renegotiations on 

disputed items or sooner if mutualy agreed, despite 

diligent, good faith efforts, the parties have been 

unable to reach an agreement it will be determined 

that an impasse has been reached. The following 

procedures shall be followed in an effort to resolve the 

impasse:

1. If the dispute, in whole or in part, involves 

disagreement as to the factual matters, the issue(s) in 

dispute shall at the request of either party be 

submitted to a Joint Fact-Finding Committee. Such 

Committee will be appointed within three (3) working 

days after it has been determined an impasse has been 

reached. Said Committee shall consist of one VA 

employee selected by the VA Center, one VA 

employee selected by the Nurses’ Unit and a third 

member, also a VA employee selected by these two 

employees. The selected third member, who shall act 

as Chairman, shall not have a direct interest in the 

dispute. No member of the negotiating committee 

shall serve on the Fact-Finding Committee. 2

2. Within five (5) working days after the establishment of the three member Fact-Finding Committee a

factual report shall be compiled and rendered to the 

parties in dispute. The Committee will receive the 

fullest cooperation possible from the parties in 

dispute. The Committee will be provided a private 

meeting room for the investigation. The Committee 

will be allowed to interview and question members of 

the negotiating committees or to call a meeting 

consisting of any members of the negotiating committees. The Fact-Finding Committee will be allowed 

to question other employees for the purpose of 

clarifying issues in dispute which are peculiar to the 

Nurses’ Unit. The rendered report will not contain 

recommendations to the parties in dispute.

3. The parties agree that they will give full 

consideration to the findings of the Fact-Finding 

Committee and will make a sincere effort to resolve 

the dispute after the receipt of the report.

The rise in mediation, already noted, is directly 

attributable to Executive Order 1149l ’s stipulation that 

before the parties could call for the intervention of the 

FSIP, voluntary arrangements must have failed, 

“ .. .including the services of the Federal Mediation and

Conciliation Service or other third-party mediation___ ”

Provisions found in Federal agreements as a rule utilized 

the FMCS or mediators recommended by the FMCS. 

They might simply authorize invoking mediation, or 

detail what the mediator might and might not do. 

Invariably, costs were shared equally:

(204) The parties may utilize the fact-finding technique 

in attempting to resolve such impasses. If after such 

recourse when used, an impasse still exists, the parties 

by mutual consent shall request the use of mediation 

by the Federal Mediation and Conciliation Service as 

authorized by applicable regulations.

(242) When agreement cannot be reached on a matter 

that both parties agree is negotiable, and after serious 

and diligent negotiations, both parties may jointly 

agree to request the Federal Mediation and Conciliation Service to furnish a mediator. The mediator will 

meet with the parties, study the issues, and make 

recommendations and suggestions designed to assist 

the parties in resolving the matters at issue. Any cost 

involved in obtaining services of a mediator shall be 

paid by the employer and the union in equal share.

(243) ARTICLE VI - RESOLUTION . OF

DIFFERENCES

6.1 The use of the following techniques singularly 

or in combination is mutually agreed to by the 

negotiating parties for the purpose of solving any 

possible impasses: . . .

.. MEDIATION: If mediation is requested, it is 

agreed that the mediators will be selected from a list 

furnished by the Federal Mediation and Conciliation 

Service or other appropriate source mutually agreed 

upon by the Employer and NFFE 1167. The parties 

agree that the mediator is to make no public statement

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with respect to the unresolved issues or with respect to 

any action or results of his mediation efforts. It is 

further agreed that an impass shall be declared only by 

mutual consent of the parties, and that any and all 

expenses involved in any of techniques outlined above 

shall be shared jointly by the Employer and NFFE 

1167.

Provisions which referred deadlocks to higher management authority usually did so as one more means of 

voluntarily breaking the impasse. In this respect the 

provisions differed from those negotiated before the 

signing of Executive Order 11491, which employed 

higher management authority to impose a final and 

binding decision upon the parties.22 The opinion of 

higher authorities was to be advisory, or mediation was 

to follow failure to resolve issues at this level:

(207) Any impasses not resolved through negotiation 

may be submitted by the parties to their respective 

higher headquarters offices for consideration.

(244) .. .If the problem is not resolved after the 

negotiating parties examine the committee report, the 

matter shall be referred to the Assistant Secretary for 

an advisory opinion. A copy of the referral and 

opinion will be sent to the national office of the 

American Federation of Government Employees.

(125) 2.1 The employer or the union may declare that

an impasse has been reached on negotiable items 

which have been the subject of negotiations for four 

(4) negotiating sessions. If after an additional two (2) 

negotiating sessions no significant progress has been 

made, either party may request referral of the 

unresolved items to the Secretary, DHEW, for 

attempted resolution. Referral to higher authority will 

be in accordance with Department of Health, Education, and Welfare regulations. If no agreement is 

reached as a result of referral to higher authority, a 

mutually agreeable third party will be selected by the 

employer and the union to develop facts and mediate. 

Expenses arising from the employment of a mediator 

shall be borne equally by the employer and the 

union...

2.3 It is agreed that negotiations of all proposals 

and counter proposals will be completed before any 

impasse is referred to higher authority... All impasses 

will be referred to higher authority at one time.

Fifteen percent of the studied agreements called 

specifically upon the Federal Service Impasses Panel as 

the final step in breaking the deadlock:

(245) ...Pursuant to Section 17 of Executive Order 

11491, each party reserves the right to request the 

Federal Service Impasses Panel to consider any matter 

unresolved by mediation.

(147) When it has been mutually determined that an 

impasse has been reached, the item shall be “tabled.” 

After all negotiable items on which agreement can be 

reached have been disposed of, the parties shall once 

more attempt to resolve any tabled items.

If after such effort either party concludes that an 

impasse still exists on any issue (s) or if the issue (s) has 

been under consideration for thirty (30) days or more 

without agreement, either party may request in 

writing to the other party that the impasse be 

submitted to their respective National Headquarters 

for consideration. Within five (5) working days after 

such notification, the parties unless they mutually 

agree otherwise shall submit their positions to their 

National Headquarters.

If the impasse cannot be resolved with assistance 

from the national level, either party may request the 

Federal Mediation and Conciliation Service to provide 

mediation service. The mediator will be the sole judge 

of the procedure to be followed in attempting to 

resolve impasses.

Any impasses not resolved through mediation shall 

be submitted by the parties to the Federal Service 

Impasses Panel subject to their regulations.

Resolution o f negotiable issues. Executive Order 11491 

excluded from bargaining those matters pertaining 

. .to the mission of an agency; its budget; its 

organization; the number of employees; and the 

numbers, types and grades of positions or employees 

assigned to an organizational unit, work project or tour 

of duty; the technology of performing its work; or its 

internal security practices.” At the same time, however, 

it also provided procedures for setting negotiability 

issues. These included (1) use of the methods already 

existing in a national or other controlling agreement, 

where such exist, (2) a decision by the head of the 

agency, and finally, in certain instances, (3) a decision 

by the Federal Labor Relations Council.23 Language 

similar to that of the Executive Order was included in 6 

percent of the agreements. (See table 28.) Nearly onethird of these were negotiated with the Veterans 

Administration. The following clauses were typical:

(246) If in connection with negotiations, an issue 

develops as to whether a proposal is contrary to law, 

regulations, or Executive Order 11491, and therefore 

not negotiable, it may be referred by either party 

through DM&S channels to VA Central Office for 

determination. The VA interpretation of agency 

policies with respect to a proposal is final.

a. The union may appeal to the Federal Labor 

Relations Council for a decision when:

(1) It disagrees with the VA’s determination that a 

proposal would violate applicable law, regulations of

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appropriate authority outside the VA or Executive 

Order 11491; or

(2) It believes that the VA’s regulation violates 

applicable law, regulations of appropriate authority 

outside the VA, or Executive Order 11491.

(247) When a dispute occurs over the negotiability of a 

proposal, either party may request a ruling in writing 

from the Office of the Secretary of the Interior upon 

the proposal in question. The local may appeal the 

ruling of the Secretary or his designate if:

a. it disagrees with a ruling that a proposal would 

be in violation of an authority outside of the 

Department of the Interior, or

b. it believes the Department of the Interior 

regulations, as interpreted by the Secretary, violate an 

authority outside the Department.

Continuation o f expired agreements. To insure continuity and add a degree of stability to the bargaining 

process, 15 percent of the agreements stated that, when 

the contract expired during negotiations, provisions of 

the existing agreement would remain in force until 

replaced or altered in a new agreement. (See tables 28.)

This stipulation removed some of the pressures of an 

approaching deadline that would otherwise be faced in 

an impasse situation.

The first illustration extended the old agreement for a 

specific time period subject to further extensions. The 

second stated only that the principles of the expired 

agreement would be honored, and allowed the employer 

to terminate the agreement upon written rlotice to the 

union:

(47) Upon receipt of an agreement termination notice, 

both parties to this agreement shall begin negotiations 

towards a new agreement within thirty (30) days of 

receipt of the written notice. If the old agreement 

expires while the negotiations are still being carried 

on, or an impasse has not been resolved, the old 

agreement shall be extended for a period of thirty (30) 

days, and for similar periods thereafter, upon the 

written request of either party.

(9) It is agreed if at the expiration of this agreement 

negotiations have started for a new agreement, the 

principles of the expired agreement will be honored 

until completion and approval of the new negotiated

Table 28. Negotiability issues and contract continuity provisions in Federal collective bargaining agreements, 

by agency, late 1971

Agency

All

agreements

Resolution of

negotiable issues

Contract continuity

during impasse

Agreements Workers Agreements Workers Agreements Workers

Total ............................................................................. 671 532,745 37 56,792 98 95,104

A griculture........................................................................ 7 6,206 _ _ 1 7

A ir Force ...................................................................... .... 75 96,976 4 17,006 9 18,682

Arm y ................................................................................. 144 125,111 5 8,328 27 28,668

Civil Service Commission : ............................................. 1 100 — — — —

Com m erce........................................................................... 7 2,632 1 53 — —

Defense............................................................................... 23 21,891 2 1,458 6 5,605

Federal Communications Commission ......................... 1 6 — — 1 6

General Services Adm inistration.................................... 34 9,313 1 872 5 1,862

Health, Education, and Welfare....................................... 28 17,375 5 12,793 2 1,026

Housing and Urban Developm ent.................................. 2 80 — — — —

Information A g e n c y ......................................................... 2 2,215 1 122 1 2,093

Interior............................................................................... 24 4,249 4 475 7 1,741

Justice................................................................................. 5 9,623 — — 1 1,167

Labor ................................................................................. 2 9,411 — — 1 4,257

National Aeronautics and Space Adm inistration......... 6 7,325 — — — —

N a v y .................................................................................... 140 124,856 3 7,295 16 16,986

National Labor Relations B o a r d .................................... 2 654 — — _ —

Office of Economic Opportunity .................................. 1 803 — — — _

Railroad Retirement B o a rd............................................. 1 1,405 — _ _ —

Selective Service S ystem .................................................. 1 285 — — — —

Small Business Administration ....................................... 2 589 — — _ _

Smithsonian and Gallery of Art .................................... 2 186 — — — _

Soldiers' H o m e ................................................................. 1 186 — — _ —

Transportation .................................................................. 17 2,248 — — 2 1,040

T re a su ry ............................................................................. 32 21,935 — — 9 7,951

Veterans Adm inistration.................................................. 111 67,083 11 8,390 10 4,013

N O TE: Nonadditive.

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agreement. Should negotiation for the new agreement 

become deadlocked during said negotiating period, 

employer may terminate its contract upon written 

notice to the union.

Grievances and arbitration. More than four-fifths of the 

agreements in this study referred to negotiated grievance 

procedures, and these were widely disbursed among all 

government agencies. (See table 29.) In comparison, the 

Bureau’s 1967 study reported that just over one-half the 

agreements included negotiated grievance systems. (See 

BLS Bulletin 1661.) The growth in grievance provisions 

since 1967 was helped by Executive Order 11491, which

stipulated that the negotiated procedure may become 

the exclusive one in each unit for settling both employee 

complaints and differences over the interpretation and 

application of the contract.

Perhaps because of the sensitivity of the issues 

involved, negotiated grievance provisions tend to be the 

lengthiest and most complete sections in Federal agreements.. Among points usually covered are procedures, 

scope, and steps, as well as the use of factfinding to 

resolve disputes. These issues are discussed in this 

section.

•Agreements tend to define the jurisdiction of the 

grievance procedure in several ways. In some cases, it

Table 29. Grievance procedures in Federal collective bargaining agreements, by agency, late 1971

Agency

All

agreements

Total with

grievance

procedure

Right of

employee to

process grievance

Grievance

machinery

spelled out

Factfinding

in grievance

procedures

Agreements Workers Agreements Workers Agreements Workers Agreements Workers Agreements Workers

T o t a l....................... 671 532,745 549 474,307 339 279,167 498 454,977 108 110,389

A g ricultu re....................... 7 6,208 7 6,208 6 6,175 5 6,182 1 49

Air Force ......................... 75 96,976 54 85,393 44 39,818 44 80,982 21 45,219

Arm y ................................ 144 125,111 120 104,464 75 62,554 111 100,097 27 15,946

Civil Service Commission 1 100 — — — — — — — —

Com m erce......................... 7 2,632 7 2,632 4 1,461 7 2,632 4 1,487

Defense.............................. 23 21,891 20 21,190 8 10,085 20 21,190 3 2,540

Federal Communications

Commission .............. 1 6 1 6 1 6 1 6

General Services

Administration............ 34 9,313 25 7,992 20 4,776 19 7,446 4 3,127

Health, Education, and

W elfare......................... 28 17,375 21 16,668 11 15,053 17 15,283 1 163

Housing and Urban

Developm ent.............. 2 80 2 80 1 55 2 80 1 55

Information A g e n c y ___ 2 2,215 2 2,215 2 2,215 2 2,215 — —

Interior.............................. 24 4,249 21 3,906 20 3,885 18 3,779 9 2,095

Justice................................ 5 9,623 4 9,572 4 9,572 4 9,572 1 4,001

L a b o r ................................ 2 9,411 2 9,411 2 9,411 2 9,411 2 9,411

National Aeronautics

. and Space

Adm inistration............ 6 7,325 6 7,325 6 7,325 6 7,325 2 4,014

N a v y .................................. 140 124,856 129 119,885 55 54,268 127 118,347 5 2,060

National Labor Relations

B o a rd ........................... 2 654 2 654 2 654 2 654 2 654

Office of Economic

Opportunity................ 1 803 1 803 1 803 1 803 1 803

Railroad Retirement

B o a rd ............................ 1 1,405 1 1,405 1 1,405 1 1,405 _

Selective Service

System ......................... 1 285 1 285 _ _ _ _ _

Small Business

Adm inistration............ 2 589 2 589 2 589 1 569 _ _

Smithsonian and Gallery

of A r t ........................... 2 186 2 186 1 23 2 186 1 163

Soldiers' H o m e ................ 1 186 1 186 1 186 - — — —

Transportation ................ 17 2,248 13 1,930 4 1,120 13 1,930 3 631

T re a su ry ........................... 32 21,935 30 20,753 30 21,080 22 17,164 15 14,187

Veterans

Adm inistration........... 111 67,083 75 50,569 38 26,648 71 47,719 5 3,784

N O TE: Nonadditive.

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stated in rather broad terms the issues that would be 

considered a complaint or a grievance. The term 

“complaint” was generally understood to mean a 

dissatisfaction not reduced to writing and discussed 

orally during the informal and early formal steps of the 

procedure; a “grievance” generally is considered to be a 

written statement of dissatisfaction occurring after oral 

complaints and informal discussion have not resolved the 

matter at issue.

In other clauses, negotiators defined more precisely 

the scope of the grievance procedure. However, even 

when the scope was defined in terms of matters that 

might be included, or excluded, or both, broad language 

might still be employed, as in the following examples:

(234) A grievance is defined, for the purpose of this 

contract, as an employee’s feeling of dissatisfaction 

with some aspect of his employment or with some 

management decision affecting him over which he has 

no control. This includes disputes over the interpretation and/or application of the agreement.

(51) This negotiated procedure supersedes the Department of Army Grievance Procedure as set forth in 

applicable CPRs when grievances are those involving 

employee dissatisfactions with in-service placement 

and training and development situations or conditions 

or when grievances are expressions of dissatisfaction, 

which arise from the immediate work environment of 

the employee, from situations which exist within the 

employee’s work group, or from policies, regulations 

or directives established at any level of the Frankford 

Arsenal.

(248) A grievance is a matter of personal concern or 

dissatisfaction to an employee arising out of the terms 

or conditions of employment the consideration of 

which is not covered by other systems for agency 

review and the resolution of which has not been made 

at the normal supervisory level. Before a matter of 

personal concern of dissatisfaction (i. e. a complaint) 

becomes a grievance within the meaning of this section 

the parties hereto encourage attempts at informal 

resolution as set forth in Section 9 of this article. 

Employee grievances include, but are not limited to 

such matters as:

a. Working conditions and environment.

b. Relationships with supervisors and other 

employees and officials.

c. Implementation of personnel policies, practices 

and provisions of this agreement.

Employee grievances do not include questions of 

policy in the areas itemized above. They may, 

however, include questions of the application of such 

policy to an individual employee or to a group of 

employees.

Typically, however, provisions gave precise detail on 

what matters were covered or excluded:

(121) A grievance is an employee’s expressed feeling of 

dissatisfaction with some aspect of his employment 

situation which he seeks to have corrected. 

Commonly, grievances concern matters involving 

working conditions or environment, inadequate 

parking facilities, lack of opportunity for overtime, 

relationships with supervisors or coworkers, change of 

assignment, disapproval of leave requests, reprimands, 

etc. Grievances may be initiated by employees either 

singly or jointly; they may not be initiated by the 

local.

This grievance procedure does not apply to cases to 

which other DSA or Civil Service regulatory or 

statutory appeal procedures are applicable. The 

following types of actions are specifically excluded: 

(1) reduction in force; (2) performance ratings; (3) 

allegations of discrimination under Executive Order 

11246, Equal Employment Opportunity Policy; (4) 

incentive awards; (5) adverse actions under PL 733, 

81st Congress, Executive Order 10450 and failure to 

be cleared for sensitive duties; (6) nonselection for 

promotion when the sole basis for the grievance is an 

allegation by the employee that he is better qualified 

than the person selected; (7) suspensions for more * 

than 30 days, demotions, separation and removal 

actions, reduction in rank or compensation; (8) 

position classification complaints and appeals; (9) 

actions taken pursuant to specific instructions or 

decisions of the Civil Service Commission.

(249) a. Included. The types of grievances covered by 

this article are those for which no other specific review 

procedure has been provided either by NASA or the 

Civil Service Commission. In general, these involve 

individual or group cases of employee dissatisfaction 

with working conditions or relationships, such as:

1. Employee-supervisory relationships.

2. Employee dissatisfaction with his position, 

working conditions, or job environment.

3. Relations between employees.

4. Suspensions for 30 calendar days or less.

5. Complaints concerning promotion procedures 

(except the selection decision).

6. Written reprimands.

b. Excluded. Matters excluded from this article are 

those for which more specific review procedures have 

been otherwise provided, either by NASA or by the 

Civil Service Commission, or those items (9, 10, 11 

and 12 below) for which no appeal or review is 

intended.

1. Reduction in force.

2. Classification of position.

3. Discharge.

4. Suspension for more than thirty (30) calendar 

days.

5. Furlough without pay.

6. Reduction in rank and compensation.

7. Performance ratings.

8. Discrimination because of race, religion, color, 

national origin, politics, marital status, physical 

handicap, age, or sex.

9. Actions directed by the Civil Service

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Commission or some other Federal authority which 

does not permit the employer to exercise administrative discretion.

10. Oral reprimands or warnings.

11. Termination of temporary appointments 

(including taper and term appointments).

12. Actions taken under the Incentive Awards 

Program.

Sixty-two percent of the agreements having grievance 

machinery stated that the employee had the right to 

process his own grievance should he choose not to avail 

himself of the services of the union representative. (See 

table 29.)

(250) .. .The foregoing provision may not be construed

to preclude any employee from designating a person 

other than a member of the union to represent him or 

her in a grievance or adverse action, or from handling 

his own grievance, in his own way if he or she chooses.

(224) An employee, in processing a complaint or 

grievance, retains the right to elect to represent 

himself, to be represented by an individual of his own 

choice, or to be represented by the union. In the 

exercise of this right, employees, employee representatives, and witnesses shall be free from any and all 

restraint, interference, coercion, discrimination or 

reprisal.

When employees chose to act for themselves or 

sought representation from a source other than the 

employee organization, the union or association still 

retained the right to be present as an observer, as in the 

first illustration, or to participate by presenting its own 

position on the issues, as in the second:

(158) It is agreed that if the aggrieved employee(s) 

chooses a representative other than the union, the 

union may be present at the grievance hearing in the 

capacity of observer, unless the grievance is of a 

personal nature to the employee(s) of if the union’s 

presence is subject to security violations.

(125) The employer and the union recognize that an 

aggrieved employee or group of employees must have 

the right in presenting grievances to be accompanied, 

represented and advised by a chosen representative. If 

the aggrieved employee covered by this agreement 

does not choose to be represented by the unipn, the 

union nevertheless may have an observer present at 

formal hearings. The right of the union observer to be 

present shall not be permitted to delimit the right of 

the employee to handle his grievance in his own way.

At a time determined by the chairman of the Hearing 

Committee, the union observer may make a statement, 

for the record, of the union views.

Over 90 percent of the agreements having grievance 

procedures provided details on the machinery

established to process disputes through to final 

resolution. (See table 29.) The system generally was 

multistep, normally starting with one or two informal 

discussions of the issue between the employee and his 

supervisor. Hopefully, the matter could be resolved at 

this point, without their having to move up to higher 

levels of union and management:

(185) The employer and the union recognize the 

importance of settling disputes, disagreements and 

misunderstandings promptly, fairly, and in a manner 

that will maintain the self-respect of the employee and 

be consistent with the principles of good managemnt.

To accomplish this, every effort will be made to settle 

grievances expeditiously and at the lowest possible 

level of supervision.

Even at this early stage, however, the agency was 

placed under a time limit to assure an expeditious 

resolution. Within the stated period the supervisor had 

to reply, or else the employee could appeal to a higher 

supervisory level:

(130) Step 1. A complaint or disagreement on the part 

of an employee (or employees) shall first be discussed 

by the aggrieved employee and/or his shop steward 

with the immediate supervisor, or the next higher level 

supervisor of the employee has a valid reason to do so. 

Employees are urged to give full and detailed 

explanation of their complaints to their immediate 

supervisor, and the supervisor will investigate complaints promptly, fully and objectively, in order to 

render equitable decisions. Supervisors will respond to 

employee complaints within 5 workdays.. . .

If at this point the dispute were not settled, it then 

became a formal grievance. It had to be submitted in 

writing to higher levels within given time limits:

(251) If the matter is not satisfactorily settled following 

the initial discussion, the employee(s) may, within 5 

working days, submit the matter in writing to the 

Assistant Chief, who will meet with the aggrieved 

employee(s) and a union representative if the 

employee(s) so desire within 5 working days after the 

receipt of the grievance. The Assistant Chief shall give 

the employee (s) his written answer within 5 working 

days after the meeting.

In one-fifth of the agreements with grievance procedures, factfinding was part of the process, Usually as 

an aid to higher management authority in reaching a 

decision. In 1967, two-fifths of grievance procedures 

employed factfinding, and one-half in 1964. The growth 

of arbitration probably accounts for the decline in 

factfinding procedures in Federal agreements.

Factfinding committees, as a rule, were made up 

entirely of representatives of the agency and the 

employee organization. Their authority usually was 

restricted to a finding of fact, with or without 

recommendations, which would then be forwarded to

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the agency official who was empowered to make the 

decision. Occasionally, the committee could attempt to 

mediate differences. The findings presented to agency 

officials did not have to be unanimous, but could set 

forth the differing views of the panel members. Committee members, usually agency employees, as a rule, 

carried out their duties on official time. In most cases, 

time limits were placed upon the committees in 

submitting their findings:

(92) In those cases where the grievant elects to use the 

negotiated grievance procedure, the grievance shall be 

referred to a Joint Grievance Committee for investigation within ten (10) working days from the date the 

employee submits the grievance. The committee shall 

be composed of two members, one member designated 

by NAIRE and one designated by the Director. The 

committee shall, within ten (10) working days after 

feferral of the grievance, submit a written report to 

either the appropriate Division Chief, or the Director 

as provided for in 17.5 above. This report shall contain 

joint dr individual findings of fact and recommendations as to the resolution of the grievance.

(252) If no satisfactory settlement is reached at Step 1, 

the aggrieved within ten (10) days after receipt of a 

decision in Step 1, may submit a request to the Chief 

of the Personnel Branch to convene a Grievance 

Committee, which shall be composed of two Nashville 

District employees, one of whom shall be named by 

the employer and the other by the union. The 

Committee will act as an objective group to jointly 

investigate the grievance and to submit to the District 

Director a report containing joint or individual 

findings of fact on the issues raised in the grievance. A 

reasonable amount of official time will be authorized 

to members of the Committee.

(216) Absent satisfactory resolution of the grievance in 

Step One, the employee may submit his grievance in 

writing to the appropriate Division head. Such appeals 

must be filed within 15 days of the decision at Step 

One.

At this point with the mutual consent of the 

parties hereto there may be established a factfinding 

committee composed of a representative from the 

union and a representative of the Office of the General 

Counsel. The purpose of this committee will be the 

investigation of all the facets of the employee(s) 

grievance with the goal of resolving it if possible or 

making recommendations for its resolution to the 

appropriate Division head.

The appropriate Division head will issue, within 30 

days of the submittance if factfinding is not instituted 

or within 30 days of the close of factfinding, a written 

decision to the employee and his representative.

Grievance arbitration. More than four-fifths of the 

agreements with grievance procedures provided for 

arbitration to settle disputes. (See table 30.) However, 

more than one-half provided only for advisory

arbitration, which was surprising inasmuch as the 

Executive Order permits final and binding arbitration 

with the right of appeal to the Federal Labor Relations 

Council. The continued high prevalence of advisory 

arbitration resulted from two factors. First, 83 

agreements in the study were negotiated before January 

1, 1970, the day on which Executive Order 11491 

became effective in its entirety. Second, the Executive 

Order permitted, rather than ordered, the negotiation of 

arbitration provisions, although it also eliminated 

language from Executive Order 10988 which had 

specified that arbitration “... shall be advisory in nature 

with any decisions or recommendations subject to the 

approval of the agency heads.” Consequently, parties 

renegotiating their agreements were not required to 

change from advisory to final and binding arbitration, 

and apparently agreed not to do so in a substantial 

number of agreements.

The proportion of grievance procedures terminating 

in arbitration increased steadily from 1964, but 

employee coverage remained the same. (See table 31.)

As noted, data for 1964 included only advisory 

arbitration, since final and binding arbitration had not 

been authorized by Executive Order 10988. For 1971, 

45 percent of the grievance procedures had final and 

binding arbitration alone or in combination with 

advisory arbitration.

Advisory arbitration, by definition, takes on the 

nature of a factfinder’s recommendation which management is free to accept or reject in whole or in part:

(253) . . . If the employee is not satisfied with the 

decision of the deciding official as designated in 

appropriate agency regulations, or if no decision is 

rendered within the time limit set forth herein, the 

union with the approval of the grievant, may within 

10 calendar days... .request that the grievance be 

submitted for review by an impartial advisory 

arbitrator. . . . The advisory arbitrator’s function will 

be to make a recommendation based on the facts 

presented to him and issue a report to the Director, 

Eastern region. It is understood and agreed that the 

recommendations of the advisory arbitrator shall be 

advisory in nature only. . . .

(254) Advisory arbitration under this agreement shall 

extend only to the interpretation or application of 

agreements or agency policy, including laws, rules, and 

regulations of outside agencies which are adopted 

without change. Advisory arbitration shall not extend 

to changes in agreements or agency policy.. . .

. . . The arbitrator shall proceed toward a recommendation according to his best judgment within the 

limits set by this agreement, and applicable laws, 

orders, and regulations. He shall present his recommendation to the appropriate management official,

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Table 30. Arbitration provisions in Federal collective bargaining agreements, by agency, late 1971

Agency

All

agreements

Agreements with

arbitration

Binding arbitration

only

. Agreements Workers

Agreements Workers

Agreements Workers

Total ....................................................................... 671 532,745 447 410,896 192 209,450

Agriculture .................................................................. 7 6,208 4 5,675 — —

Air Force ..................................................................... 75 96,976 44 66,991 24 51,651

A r m y ............................................................................ 144 125,111 100 89,292 59 58,155

Civil Service Commission .......................................... 1 100 — — — —

Com m erce..................................................................... 7 2,632 5 1,234 2 283

Defense.......................................................................... 23 21,891 18 20,847 12 14,937

Federal Communications Com m ission..................... 1 6 1 6 — —

General Services Administration ............................. 34 9,313 16 7,271 6 5,037

Health, Education, and W elfare................................. 28 17,375 9 14,494 4 13,774

Housing and Urban Developm ent............................. 2 80 2 80 - -

Information Agency .................................................. 2 2,215 1 2,093 1 2,093

Interior.......................................................................... 24 4,249 20 3,885 5 504

Justice .......................................................................... 5 9,623 4 9,572 1 1,167

Labor ............................................................................. 2 9,411 2 9,411 1 5,154

National Aeronautics and Space Administration . . 6 7,325 6 7,325 2 2,929

Navy ............................................................................. 140 124,856 122 114,304 32 . 20,578

National Labor Relations B o a rd ................................ 2 654 2 654 1 180

Office of Economic O p p o rtu n ity ............................. 1 803 1 803 1 803

Railroad Retirement B o a rd ........................................ 1 1,405 — — — —

Selective Service System ............................................. 1 285 — — — —

Small Business Adm inistration.................................. 2 589 1 569 1 569

Smithsonian and Gallery of A r t ................................ 2 186 2 186 — —

Soldiers' H o m e ............................................................. 1 186 1 186 1 186

Transportation............................................................. 17 2,248 10 1,257 2 858

T re a s u ry ....................................................................... 32 21,935 18 15,417 12 14,330

Veterans Administration .......................................... 111 67,083 58 39,344 25 16,262

Advisory and Advisory arbitration only

binding arbitration Includes adverse Excludes adverse

actions actions

AgreeWorkers

AgreeWorkers

AgreeWorkers ments ments ments

Total ....................................................................... 8 12,708 28 24,731 219 164,007

Agriculture .................................................................. _ — _ 4 5,675

Air Force ..................................................................... — — — — 20 15,340

A r m y .................................. .......................................... — — — — 41 31,137

Civil Service Commission .......................................... — — — — — —

Com m erce..................................................................... — — — — 3 951

Defense.......................................................................... — — — — 6 5,910

Federal Communications Com m ission..................... — — — — 1 6

General Services Administration ............................. — — 1 386 9 1,848

Health, Education, and W e lfa re ................................ 1 42 — — 4 678

Housing and Urban Developm ent............................. - - - - 2 80

Information Agency .................................................. — — — — — —

Interior.......................................................................... — — 1 1,380 14 2,001

Justice .......................................................................... 1 4,358 — — 2 4,047

Labor ............................................................................. — — 1 4,257 — —

National Aeronautics and Space Administration . . — — 2 4,014 2 382

Navy ............................................................................. 6 8,308 17 12,474 67 72,944

National Labor Relations B o a rd ................................ — — — — 1 474

Office of Economic O p p o rtu n ity ............................. - - — - - -

Railroad Retirement B o a rd ........................................ — — — — — —

Selective Service System ............................................. - - - - - -

Small Business Adm inistration.................................. — — — — — —

Smithsonian and Gallery of A r t ................................ - — 2 186 - -

Soldiers' H o m e ............................................................. — — — — — —

Transportation............................................................. - - 1 190 7 209

T re a s u ry ....................................................................... — — 1 85 5 1,002

Veterans Administration .......................................... - - 2 1,759 31 21,323

N O TE: Nonadditive.

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with a copy to the aggrieved employee, his 

representative and the union...

Most of the advisory arbitration clauses excluded 

reviews of adverse actions. Usually discharges, suspensions, and other agency decisions affecting the 

employee’s status were subject to separate, often 

accelerated, review procedures. As a rule, provisions first 

defined grievances to exclude adverse actions, and then 

included grievances as defined under arbitration 

procedures:

(255) These procedures prescribe grievance steps which 

will permit a review of the following... A personnel 

action, other than adverse actions, which has or may 

have the effect of putting the employee in a less 

favorable position than that which was employed prior 

to the action.. . .

If the employer and the Lodge fail to settle any 

grievance processed in accordance with the Lodge 

grievance procedures.. .then such grievance shall.. .be 

referred to advisory arbitration.. . .

(182) . . . Grievance does not include appeals from

adverse actions...

If the grievance has not been resolved to the 

employee’s satisfaction at Step 3, the aggrieved 

employee may make a request in writing to the Unit 

Chief that his grievance be submitted to impartial 

advisory arbitration.

Advisory arbitration which included adverse actions 

were relatively rare. In general, the agreement contained 

a separate clause dealing only with adverse actions:

(232) This article provides for advisory arbitration in an 

apneal to determine the propriety of an adverse action 

(discharge, suspension for more than thirty (30) days, 

demotions, reductions in rank or compensation, or 

furlough without pay) against an employee in the unit, 

as an alternate to an administrative hearing in an 

appeal through Navy channels, or an appeal to the 

Civil Service Commission...

(256) Advisory arbitration in the case of an adverse 

action appeal serves as an alternate to the administration hearing, and must be held prior to the Commanding Officer’s decision. After the advisory opinion 

of the arbitrator is submitted, and if the employer’s 

final decision is adverse to the employee, he must be 

notified of his rights to further appeal.

Agreements occasionally indicated that arbitration 

awards were final and binding, except for those involving 

adverse actions:

(226) The decision of the impartial arbitrator is binding, 

and his decision shall be final unless appealed to the 

Federal Labor Relations Council within 15 days after 

receipt of the arbitrator’s decision. In proposed 

adverse actions the arbitration will be advisory and 

any decision or recommendation based on the 

arbitrator’s report shall be subject to the approval of 

the Secretary DHEW. However, the arbitrator’s award 

shall be binding on the Employer unless disapproved 

by Secretary DHEW in accordance with the Federal 

Personnel Manual.

(257) The arbitrator will make an award and a copy 

thereof will be provided to the Commanding Officer, 

the employee and the Union. Except in the case of 

advisory arbitration on adverse actions either party 

may file exceptions to the arbitrator’s award with the 

Federal Labor Relations Council in accordance with 

applicable regulations. A decision on appeals from 

adverse actions are first Navy level decisions and are 

appealable further as provided by regulation.

Whether advisory of final and binding, arbitration 

provisions generally followed similar procedural 

patterns. The parties jointly determined the issue(s) 

which would be submitted to the arbitrator, who could 

be a single party or a tripartite arbitration board. The 

arbitrator or board was ad hoc, i.e., chosen for the 

occasion, and could be selected from a list which the 

Federal Mediation and Conciliation Service or the 

American Arbitration Association would provide. Each

Table 31. Grievance procedures negotiated in 1964,1967, and 1971

1964 1967 1971

Grievance procedure

Agreements

Employees

covered Agreements

Employees

covered Agreements

Employees

covered

Total, negotiated grievance

procedures...................................................... 96 80,778 380 245,863 549 474,307

Containing arbitration

procedures...................................................... 63 69,926 266 194,669 447 410,896

Percent containing arbitration

procedures...................................................... 65.6 86.6 70.0 79.2 81.4 86.6

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party in turn would delete names on the list until only 

one remained, who then became the arbitrator.

Usually, hearings were to some extent formal and 

could include a court reporter to make a verbatim 

transcript. Both sides could call witnesses and crossexamine those testifying.

Arbitration generally could not be invoked without 

the consent of the employee grievant, and at times, 

required mutual consent. As specified in Section 14 of 

Executive Order 11491, approval of the employee 

organization is also necessary.24 As a rule, agreements 

establish time limits for invoking arbitration, on setting 

hearings, and on issuing an award. Virtually all of the 

provisions calling for arbitration stipulated that costs 

would be shared equally:

Agreements Employees Covered

Total arbitration

provisions .... 447 410,896

Costs shared equally . . . 429 400,795

No reference to cost

sharing ..................... 18 10,101

Even in the absence of a specific stipulation, 

Executive Order 11491 required that costs be shared 

equally.

The following provision illustrates several features 

described in the preceding paragraphs:

(258) It is agreed that if Management and the Union fail 

to settle an employee’s grievance at Step Three of the 

Complaints and Grievances Procedure, Article XXII, 

the grievance may be referred to arbitration. Such 

arbitration may be invoked only with the approval of 

the aggrieved employee(s) and the Union and these 

approvals must be set forth in writing. An intent to 

invoke arbitration must be set forth within twenty 

(20) workdays after issuance of the Step Three 

decision. Arbitration may not extend to interpretation 

or change of Navy or higher authority regulations or 

policy, nor changes or proposed changes in agreements. Similarly, arbitration shall not change, modify, 

alter, delete, or add to the provisions of this Agreement as such right is the prerogative of the contracting 

parties only.

At various stages of the grievance-arbitration procedure, the grievant, employee representative and 

witnesses may be required to expend time during duty 

hours to participate in grievance-related activities. They 

may be needed to prepare the grievance, to present it at 

lower steps of the procedure, and to take part in later 

factfinding and arbitration hearings. In a number of 

instances, the agreement provided for payments to 

employees engaged in one or more of these activities.

Normally the right to official time covers both the

employee and his representative, and includes preparation and presentation of the grievance. In conformity 

with the Federal Personnel Manual, however, the 

amount of time may be limited, often by terms such as 

“reasonable,” thereby—giving the parties some needed 

flexibility in line with operational requirements:

(156) . . . An employee will be granted reasonable official

time necessary for the purpose of securing advice or 

rights and privileges under governing regulations, and 

for obtaining such other information or assistance to 

include preparation of documents necessary for the 

prosecution of the grievance as cannot be accomplished during non-duty hours, and for the purpose of 

presenting the grievance-----

(259) An appellant and his representative, if an 

employee, may use reasonable amounts of official 

time (normally not in excess of four hours) for such 

purposes as securing advice on rights and privileges 

under the governing regulations, arranging for 

witnesses, and for obtaining such other information 

and assistance pertaining to his grievance or appeal as 

can be obtained only during the normal working hours 

of the activity.

(35) . . . Representatives who are Department of the

Army employees may also use reasonable amounts of 

official time without charge to leave or loss of pay for 

the purpose of participating in the grievance. It is not 

intended, however, that official time will be granted 

any one employee for representational service to the 

extent that it would interfere with performance of 

regular duties. Should this condition arise, the 

employee (representative) will be advised to curtail his 

representation activities or to perform them in a leave 

status. Management reserves the right to determine the 

total amount and specific hours of official time which 

will be approved as “reasonable” under this article in 

accordance with applicable regulations.

(260) The employee and his representative are entitled to

a reasonable amount of official time to prepare for a 

hearing provided for in this procedure if they are 

otherwise in an active duty status. Employees, 

whether grievants, representatives or observers, must 

take advance arrangements with their supervisor for 

the use of official time___

Occasionally the maximum number of available duty 

hours may be given:

(113) A steward properly designated as an employee 

representative may accompany, represent, and advise 

the employee in presenting a grievance to any supervisor. The steward will be excused from normal duties 

without charge to leave for the time required for such 

presentation. In addition, he will be allowed up to 

eight hours without charge to leave to prepare for the 

hearing or inquiry relative to the appeal or grievance.

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(49) An employee will be allowed duty time for 

presentation of his grievance during the grievance 

proceedings. He will also be allowed up to 8 hours 

duty time for preparation for the presentation of his 

grievance. Any personal representative of the 

employee who is an Air Force employee.. .will be 

allowed the same duty time for preparation and 

presentation of the grievance as the employee if 

otherwise in a pay and duty status.

More than three-fourths of the provisions for arbitration specified that participants would be allowed official 

time to attend hearings:

Total provisions 

with

Agreements Employees covered

arbitration .. 447 410,896

Providing official

time o f f .................

No reference to 

official time

343 331,282

off .......................... 104 79,614

Provisions normally stipulate that arbitration hearings 

will be held during duty hours and provide full pay to 

participants:

(261) Arbitration hearings will normally be held on the 

Employer’s premises during the regular day shift hours 

of the basic workweek. All participants in the hearing 

shall be on administrative leave if they would 

otherwise be in a duty status.

(2) The arbitration hearing(s) shall be held during the 

regular day shift work hours of the basic work week of 

Monday through Friday, and all employee representatives, appellants and witnesses shall be in a pay status 

without charge to annual leave while participating in 

the arbitration proceedings unless the employee’s 

regular tour of duty is other than day shift.

(23) . . . All personnel actively participating in the

(arbitration) hearing shall be given official work time 

without charge to leave.

- FOOTNOTES -

1In 1971, the Civil Service Commission reported that six 

organizations accounted for almost 90 percent of Federal

employees in exclusive units as follows:

Federal

Employee organization employees

covered

American Federation of Government

Employees (AFL-CIO).................................................606,391

National Federation of Federal

Employees (Ind.) ...................................... 106,881

National Association of Government

Employees (Ind.) ........................................................ 83,067

Metal Trades Councils (AFL-CIO)................................... 61,046

National Association of Internal

Revenue Employees (In d .)......................................... 41,331

International Association of Machinists

(AFL-CIO)................................................................... 31,098

2Collective Bargaining Agreements in the Federal Service,

Late Summer, 1964, Bulletin 1451 (Bureau of Labor Statistics, 

1965).

3Negotiation Impasse, Grievance, and Arbitration in Federal

Agreements, Bulletin 1661 (Bureau of Labor Statistics, 1970).

4See sections 2(e) and 18 of the Executive Order 11491 for 

a full explanation of those instances where a labor organization 

violates the Order.

Exclusive recognition is withdrawn where notice of violation 

is given to the Assistant Secretary and where noncompliance is 

found.

sS. U. S. C. 5542.

6The text only highlights certain promotional aspects. An 

appendix will contain a full clause, illustrating the abundance of 

detail that some clauses contain.

7 See page 40 for reference to reduction-in-force and 

demotions.

Executive Order 11491, dated October 29, 1969, Section 

11(b).

Executive Order 11491, October 29, 1969, Section 22, 

“Adverse Action Appeals.’’

10Executive Order 11348, April 20,1967.

11 Harry A. Donoian, “A new approach to setting the pay of 

Federal blue-collar workers,” Monthly Labor Review, April 

1969, pp. 30-34. This article provides a full description of the 

CFWS.

1 Executive Order 11491, op., cit., Section 20.

13Richard R. Nelson and James L. Doster, “City employee 

representation and bargaining policies,” Monthly Labor Review,

November 1972, pp. 48-49.

14Municipal Collective Bargaining Agreements in Large

Cities, Bulletin 1759 (Bureau of Labor Statistics, 1972), pp. 

11-12.

15Characteristics o f Agreements Covering 1,000 Workers or

More, Bulletin 1784 (Bureau of Labor Statistics, 1973), table 10.

16 Accor ding to the Federal Personnel Manual, Chapter 26, 

during a 1 year leave of absence for union business, seniority 

continues to accrue for the first 6 months and then is retained 

thereafter.

17Section 11(a).

1 Executive Order 11491, Section 20. Note that Executive 

Order 11616, amending the earlier order, added the following to 

the above sentence; “except to the extent that the negotiating 

parties may agree to other arrangements which may provide that 

the agency will either authorize official time for up to 40 hours 

or authorize up to one-half the time spent in negotiations during

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regular working hours, for a reasonable number of employees, 

which number normally shall not exceed the number of 

management representatives.”

19Impasse procedures developed under Executive Order 

10988 are discussed in two previous studies: BLS Bulletin 1451, 

pp. 52-56 and BLS Bulletin 1661, pp. 7-15.

20Bureau estimates, BLS Bulletin 1451, p. 55.

21 Under Executive Order 11491, the use of factfinding 

committees having the power to make recommendations requires 

authorization of the Federal Service Impasses Panel.

22BLS Bulletin 1661, p. 11.

23Section 11(c).

24Section 14 of Executive Order 11491 was revoked by 

amendments to the Order in Executive Order 11616.

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2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

Appendix A. Identification of Clauses

Agency, installation, employee organization

.Housing and Urban Development, FHA Insuring Office-Newark, N.J.

Federal Employees (NFFE) (Ind.)

.Army, Tovele Army Depot—Tovele, Utah 

Machinist (IAM)

.Veterans Administration Hospital—Lyons, N.J.

Government, Federation (AFGE)

.Air Force, Hickman AFB-Hawaii 

Government, Federation (AFGE)

.Justice, Immigration and Naturalization Service, Central Office—Washington, D.C.

Government, Federation (AFGE)

.Navy, Naval Air Newark Facility—Quonset Point, R.I.

(Directly affiliated local union)

.Navy, Philadelphia Naval Shipyard—Philadelphia, Pa.

Technical Engineers (AFTE)

.Veterans Administration Center—Wadsworth, Kan.

Federal Employees (NFFE) (Ind.)

.Army, Frankford Arsenal—Philadelphia, Pa.

Fire Fighters (IAFF)

.Health, Education and Welfare, Social Security Administration, District Office—Oklahoma 

City, Okla.

Government, Federation (AFGE)

.Veterans Administration Hospital—American Lake, Wash.

Government, Federation (AFGE)

.Air Force, Hamilton AFB-Calif.

Government, Association (NAGE)

.Air Force, Warner Robins Air Material Area, Operations, Security Police Division,

Robins AFB-Ga.

Government, Federation (AFGE)

.Army, Charleston Army Depot—North Charleston, S. C.

Government, Federation (AFGE)

.Defense, National Guard Bureau, Adjutant General—Colo.

Federal Employees (NFFE) (Ind.)

.Air Force, Davis-Monthan AFB—Ariz.

Federal Employees (NFFE) (Ind.)

.Navy, Naval Station—Adak, Alaska 

Government, Federation (AFGE)

.Army, U.S. Military Academy-West Point, N.Y.

Government, Federation (AFGE)

.General Services Administration, Public Buildings Service, Washington, D.C.

Government, Federation (AFGE)

.Air Force, Andrews AFB—Washington, D.C.

Government, Federation (AFGE)

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22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

Army, Tobyhanna Army Depot—Tobyhanna, Pa.

Government, Federation (AFGE)

Air Force, Hill AFB—Utah

Government, Federation (AFGE)

National Aeronautics and Space Administration, Langley Research Center, Langley 

Station—Hampton, Va.

Machinists (IAM)

Veterans Administration Hospital—Durham, N.C.

Government, Federation (AFGE)

National Aeronautics and Space Administration, Goddard Space Flight Center—Greenbelt, Md.

Metal Trades Council (MTC)

Veterans Administration Hospital—Salisbury, N.C.

Government, Federation (AFGE)

Army, Aberdeen Research Center—Aberdeen, Md.

Machinists (IAM)

Army, Picatinny Arsenal—Dover, N.J.

Government, Federation (AFGE)

Army, U.S. Army Training Center—Fort Leonard Wood, Mo.

Government, Association (NAGE) (Ind.)

Army, Rock Island Arsenal—Rock Island, 111.

Machinist (IAM)

Air Force, Wright-Patterson AFB—Ohio 

Machinists (IAM)

National Aeronautics and Space Administration, Langley Research Center—Hampton, Va.

Government, Federation (AFGE)

Navy, U.S. Naval Academy—Annapolis, Md.

Government, Federation (AFGE)

Small Business Administration, Central Office—Washington, D.C.

Government, Federation (AFGE)

Army, Atlanta Army Depot—Forest Park, Ga.

Government, Federation (AFGE)

Navy, Naval Ordnance Station, Louisville, Ky.

Machinists (IAM)

Army, U.S. Army Training Center (Infantry) and Fort Ord—Calif.

Government, Federation (AFGE)

Navy, Naval Air Newark Facility—Norfolk, Va.

National Operations Analysis Association (OAA) (Ind.)

Interior, Bureau of Mines, Pittsburgh Station—Pittsburgh, Pa.

Government, Federation (AFGE)

Navy, Naval Weapons Laboratory—Dahlgren, Va.

Government, Federation (AFGE)

Navy, Philadelphia Naval Shipyard—Philadelphia, Pa.

Fire Fighters (IAFF)

Veterans Administration Hospital—Louisville, Ky.

Government, Federation (AFGE)

Health, Education, and Welfare, Health Services and Mental Health Administration,

U.S. Public Health Service Hospital-Boston, Mass 

Government, Association (NAGE) (Ind.)

Veterans Administration Hospital—East Orange, N.J.

Federal Employees (NFFE) (Ind.)

Army, U.S. Army Training Center (Infantry)—Fort Jackson, S.C.

Federal Employees (NFFE) (Ind.)

General Services Administration, Regional Office—Albuquerque, N.M.

Government, Federation (AFGE)

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48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

.Defense, Defense Supply Agency, Defense Contract Administration Services Region (excl. 

Milwaukee, Wise.)—Chicago, 111.

Government, Federation (AFGE)

.Air Force, Carswell AFB—Tex.

Government, Federation (AFGE)

.Air Force, Eielson AFB—Alaska 

Government, Federation (AFGE)

.Navy, Mare Island Naval Shipyard—Vallejo, Calif.

Metal Trade Council (MTC)

.Army, Frankford Arsenal—Philadelphia, Pa.

Government, Association (NAGE) (Ind.)

.Air Force, Langley AFB—Va.

Government, Association (NAGE)

.Navy, Naval Submarine Base—New London, Groton, Conn.

Government, Association (NAGE) (Ind.)

.Defense, Defense Supply Agency, Defense Contract Administration Services Region—Milwaukee, 

Wise.

Government, Federation (AFGE)

.Army, U.S. Army Missile and Munitions Center and School—Restone Arsenal, Ala.

Government, Federation (AFGE)

.Navy, Naval Ship Engineering Center, Philadelphia Division—Philadelphia, Pa.

Metal Trades Council (MTC)

.Navy, Naval Air Station—Lemoore, Calif.

Government, Federation (AFGE)

.Defense, Defense Supply Agency, Defense Industrial Supply Center—Philadelphia, Pa.

Government, Federation (AFGE)

.Navy, Marine Corps Air Station-Yuma, Ariz.

Federal Employees (NFFE) (Ind.)

.Navy, Portsmouth Naval Shipyard—Portsmouth, N.H.

Government, Federation (AFGE)

.Navy, Navy Public Works Center—Pensacola, Fla.

Machinists (LAM)

.Defense, Defense Supply Agency, Defense Contract Administration Services 

Region—Philadelphia, Pa.

Government, Federation (AFGE)

.Army, Headquarters, First U.S. Army, Fort George G. Meade—Md.

Government, Federation (AFGE)

.Navy, Naval Explosive Ordnance Disposal Facility—Indian Head, Md.

Government, Federation (AFGE)

.Treasury, Bureau of Engraving and Printing—Washington, D.C.

Graphic Arts (GAIU)

.Navy, Supervisor of Shipbuilding, Conversion and Repair—Long Beach, Calif.

Metal Trades Council (MTC)

.Navy, Portsmouth Naval Shipyard—Portsmouth, N.H.

Metal Trades Council (MTC)

.Air Force, L.G. Hanscom Field—Mass.

Federal Employees (NFFE) (Ind.)

.Veterans Administration Hospital—Hines, 111.

Service Employees (SE1U)

.Air Force, Vandenberg AFB—Calif.

Federal Employees (NFFE) (Ind.)

.Agriculture, Pike National Forest, Colorado Springs—Colo.

Government, Federation (AFGE)

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73

74

75

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

.Agriculture, Southern Utilization Research and Development Division—New Orleans, La.

Federal Employees (NFFE) (Ind.)

.Army, Tovele Army Depot—Tovele, Utah 

Federal Employees (NFFE) (Ind.)

.Commerce, Bureau of the Census, Census Operations Office—Jeffersonville, Ind.

Federal Employees (NFFE) (Ind.)

.General Services Administration, Regional Office—Tucson, Ariz.

Federal Employees (NFFE) (Ind.)

.Army, U.S. Army Finance Center—Indianapolis, Ind.

Government, Federation (AFGE)

.Justice, Immigration and Naturalization Service, Associate Commissioner,

Management—Washington, D.C.

Government, Federation (AFGE)

.Health, Education, and Welfare, Social Security Administration, Central Office 

(Headquarters), Bureau of Retirement and Survivors Insurance—Baltimore, Md. 

Government, Federation (AFGE)

.Defense, Defense Supply Agency, Defense Construction Supply Center—Columbus, O.

Government, Federation (AFGE)

.Air Force, Patrick AFB—Fla.

Government, Federation (AFGE)

.Navy, Boston Naval Shipyard—Boston, Mass.

Government, Association (NAGE) (Ind.)

.Army, U.S. Army School Center—Fort Benjamin Harrison, Ind.

Government, Federation (AFGE)

.Defense, National Guard Bureau, Adjutant General—Md.

Government, Federation (AFGE)

.Defense, National Guard Bureau, Commanding General—Calif.

Government, Association (NAGE) (Ind.)

.Army, Fort Devens—Mass.

Government, Federation (AFGE)

.Army, U.S. Army Transportaion Center and Fort Eustis—Newport News, Va.

Government, Association (NAGE) (Ind.)

.Air Force, Ramey AFB—P.R.

Government, Federation (AFGE)

.Veterans Administration Hospital (University Drive)—Pittsburgh, Pa.

Government, Federation (AFGE)

.Justice, Immigration and Naturalization Service, Central Office—Washington, D.C.

Government, Federation (AFGE)

.Navy, Naval Weapons Station—Charleston, S.C.

Government, Federation (AFGE)

.Navy, Naval Construction Battalion Center, Port Hueneme, Calif.

Government, Association (NAGE) (Ind.)

.Treasury, Internal Revenue Service, Louisville District—Louisville, Ky.

Internal Revenue Employees (NAIRE) (Ind.)

.Treasury, Internal Revenue Service, Phoenix District—Phoenix, Ariz.

Internal Revenue Employees (NAIRE) (Ind.)

.Navy, Portsmouth Naval Shipyard, Portsmouth, N.H.

Technical Engineers (AFTE)

.General Services Administration, Public Buildings Service—Washington, D.C.

Government, Federation (AFGE)

.Transportation, Area Manager—Wake Island.

Electrical Workers (IBEW)

.Army, Quartermaster Center and Fort Lee—Fort Lee, Va.

Government, Federation (AFGE)

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99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

. . .Small Business Administration Central Office—Washington, D.C.

Government, Federation (AFGE)

. . .Air Force, Wright-Patterson AFB—Ohio 

Machinists (IAM)

. . .Labor-Washington, D.C.

Government, Federation (AFGE)

. . .Navy, Naval Weapons Station-Yorktown, Va.

Laborers (LIUNA)

. . .Air Force, Keesler AFB—Miss.

Government, Federation (AFGE)

. . .Commerce, National Weather Service, Multi-Regional 

Government, Association (NAGE) (Ind.)

. . .Navy, Naval Air Station—Quonset Point, R.I.

Government, Association (NAGE) (Ind.)

. . .Veterans Administration Hospital—West Haven, Conn.

Government, Federation (AFGE)

. . .General Services Administration, Public Buildings Service—Washington, D.C. 

Machinists (IAM)

. . .Navy, Marine Corps Air Station—Cherry Point, N.C.

Government, Federation (AFGE)

. . .Navy, Naval Training Center—San Diego, Calif.

Fire Fighters (IAFF)

. . .Air Force, Anderson AFB—Guam 

Government, Federation (AFGE)

. . .General Services Administration, Region 3, Public Buildings Service—Baltimore, Md. 

Government, Federation (AFGE)

, . .Interior, National Park Service, Colonial National Historical Park—Yorktown, Va.

Government Association (NAGE) (Ind.)

. . .Navy, Naval Air Station, Oceana—Virginia Beach, Va.

Metal Trades Council (MTC)

. . .Air Force, Luke AFB—Ariz.

Government, Federation (AFGE)

. . .Veterans Administration Hospital—Tomah, Wise.

Government, Federation (AFGE)

. . .Army, Headquarters Fort Greely—Fort Greely, Alaska 

Government, Federation (AFGE)

. . .Army, U.S. Army Engineer District—Nashville, Tenn.

Electrical Workers (IBEW)

. . .Navy, Naval Ordnance Laboratory—White Oak, Md.

Government, Federation (AFGE)

. . .Navy, Naval Hospital-San Diego, Calif.

Government, Federation (AFGE)

. . .Air Force, Brooks AFB-Tex.

Fire Fighters (IAFF)

. . .Navy, Norfolk Naval Shipyard—Portsmouth, Va.

Metal Trades Council (MTC)

. . .Defense, Defense Supply Agency, Defense Contract Administration Services RegionBoston, Mass.

Government, Association (NAGE) (Ind.)

. . .Treasury, Internal Revenue Service, Mid-Atlantic Service Center—Philadelphia, Pa.

Internal Revenue Employees (NAIRE) (Ind.)

. . .Army, U.S. Army Armor Center-Fort Knox, Ky.

Government, Federation (AFGE)

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1 2 4 ..............................Veterans Administration Hospital—Castle Point, N.Y.

Federal Employees (NFFE) (Ind.)

1 2 5 .............................. Health, Education, and Welfare, National Institutes of Health—Bethesda, Md.

Government, Federation (AFGE)

1 2 6 ............................. Transportation, Federal Aviation Administration, Flight Services Station—Wichita Falls, Tex.

Government, Association (NAGE) (Ind.)

1 2 7 .............................. Interior, Bonneville Power Administration—Portland, O re..

Columbia Power Trades Council (CPTC)

1 2 8 ..............................Navy, Marine Corps Supply Center—Barstow, Calif.

Government, Federation (AFGE)

1 2 9 ..............................General Services Administration, Public Buildings Service—Washington, D.C.

Government, Federation (AFGE)

1 3 0 ............................. Air Force, Elmendorf AFB-Alaska

Government, Federation (AFGE)

1 3 1 ..............................Defense, U.S. Armed Forces Institute—Madison, Wise.

Government, Federation (AFGE)

1 3 2 ..............................Treasury, Bureau of Engraving and Printing, Non-craft employees, Washington, D.C..

Machinists (IAM)

1 3 3 ..............................Navy, Navy Commissary Store—Jacksonville, Fla.

Government, Federation (AFGE)

1 3 4 ..............................Commerce, National Ocean Survey—Rockville, Md.

Marine Engineers (MEBA)

1 3 5 ..............................Air Force, Hickam AFB—Hawaii

Electrical Workers (IBEW)

1 3 6 ..............................Army, U.S. Army Flight Training Center and Fort Stewart—Ga.

Government, Federation (AFGE)

1 3 7 .............. ...............Navy, Naval Torpedo Station, Keyport, Wash.

Metal Trades Council (MTC)

1 3 8 ..............................Treasury, Internal Revenue Service, Baltimore District, Baltimore, Md.

Internal Revenue Employees (NAIREXInd.)

1 3 9 ..............................Smithsonian, National Zoological Park Police, Washington, D.C.

Government, Federation (AFGE)

1 4 0 ..............................Transportation, United States Coast Guard Supply Depot, Boston, Mass.

Government, Association (NAGE) (Ind.)

1 4 1 ..............................United States Information Agency, Washington, D.C.

Government, Federation (AFGE) (Local 1812)

1 4 2 ..............................Air Force, L. G. Hanscom Field, Bedford, Mass.

Government, Association (NAGE) (Ind.)

1 4 3 ..............................Veterans Administration Hospital, Northampton, Mass.

Government, Association (NAGE) (Ind.)

144 ............................... Veterans Administration Hospital, Topeka, Kans.

Government, Association (NAGE) (Ind.)

1 4 5 ..............................Navy, Naval Air Rework Facility, Norfolk, Va.

Machinists (IAM)

1 4 6 ..............................Navy, Naval Air Station, North Island, San Diego, Calif.

Government, Federation (AFGE)

1 4 7 ..............................National Aeronautics and Space Administration, Kennedy Space Center, Fla.

Government, Federation (AFGE)

1 4 8 ..............................Defense, National Guard Bureau, Adjutant General, Mich.

Government, Association (NAGE) (Ind.)

1 4 9 ..............................Air Force, Beale Air Force Base, Marysville, Calif.

Government, Federation (AFGE)

1 5 0 ..............................Navy, Naval Ammunition Depot, Oahu, Hawaii

Government, Federation (AFGE)

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152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

.Army, Mobile District Corps of Engineers, Mobile, Ala.

Maritime (NMU)

.Health, Education, and Welfare, Social Security Administration, BDPA Punching and Verifying 

Field Installation, Wilkes-Barre, Pa.

Government, Federation (AFGE)

.Defense, Defense Supply Agency, Defense Depot, Memphis, Tenn.

Government, Federation (AFGE)

.General Services Administration, Region 7, Fort Worth, Tex.

Government, Federation (AFGE)

.Navy, Naval Air Station, Whidbey Island, Oak Harbor, Wash.

Government, Federation (AFGE)

.Army, Fort Riley, Kans.

Government, Federation (AFGE)

.Interior, Bureau of Indian Affairs, Pierre Agency, Pierre, S. Dak.

Federal Employees (NFFE) (Ind.)

.Army, Rock Island Arsenal, Rock Island, 111.

Federal Employees (NFFE) (Ind.)

.Treasury, Internal Revenue Service, Providence District, Providence, R.I.

Internal Revenue Employees (NAIRE) (Ind.)

.Air Force, Grand Forks Air Force Base, Mekinock, N. Dak.

Federal Employees (NFFE) (Ind.)

.Navy, U.S. Marine Corps Air Station, Kaneohe Bay, Oahu, Hawaii 

Government, Federation (AFGE)

.Health, Education, and Welfare, Public Health Service Hospital, Baltimore, Md.

Federal Employees (NFFE) (Ind.)

.Navy, Naval Air Station, Brunswick, Me.

Government, Association (NAGE) (Ind.)

.Air Force, McGuire Air Force Base, N.J.

Government, Federation (AFGE)

.Air Force, Kelly Air Force Base, Tex.

Government, Federation (AFGE)

.Navy, Naval Weapons Center, China Lake, Calif.

Metal Trades Council (MTC)

.Navy, Naval Supply Center, Charleston, S. C.

Metal Trades Council (MTC)

.Army, Oakland Army Base, Oakland, Calif.

Federal Employees (NFFE) (Ind.)

.Navy, Shipbuilding, Conversion and Repair, Long Beach, Calif.

Technical Engineers (AFTE)

.Interior, Geological Survey, Publications Division, Washington, D.C.

Graphic Arts (GAIU)

.Air Force, Laredo Air Force Base, Laredo, Tex.

Government, Federation (AFGE)

.Navy, Naval District, Washington, D.C.

Metal Trades Council (MTC)

.Navy, Naval Air Station, Chase Field, Beeville, Tex.

Government, Federation (AFGE)

.Air Force, Fighter Group, Duluth International Airport, Duluth, Minn.

Government, Federation (AFGE)

.Army, U.S. Army Engineer District, Savannah, Ga.

Government, Federation (AFGE)

.Navy, Norfolk Naval Shipyard, Portsmouth, Va.

Government, Federation (AFGE)

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1 7 7 ..............................Air Force, McClellan Air Force Base—Sacramento, Calif.

Nurses Association (ANA) (Ind.)

1 7 8 ..............................Transportation, Coast Guard Base—Boston, Mass.

Government, Association (NAGE) (Ind.)

1 7 9 .............................. Navy, Norfolk Naval Shipyard—Portsmouth, Va.

Technical Engineers (AFTE)

1 8 0 ..............................Defense, Defense General Supply Center—Richmond, Va.

Government, Federation (AFGE)

1 8 1 ..............................Veterans Administration Hospital—Oteen, N.C.

Government, Federation (AFGE)

1 8 2 ..............................Air Force, McClellan Air Force Base, Sacramento, Calif.

Technical Skills Association (TSA) (Ind.)

1 8 3 ..............................Health, Education, and Welfare, Social Security Administration, District Office,

St. Petersburg, Fla.

Government, Federation (AFGE)

1 8 4 ..............................Army, Tobyhanna Army Depot, Tobyhanna, Pa.

Government, Federation (AFGE)

1 8 5 ..............................Army, U.S. Army Engineer District, Memphis, Tenn.

Maritime (NMU)

186 . ............................ Air Force, Sheppard Air Force Base, Tex.

Government, Federation (AFGE)

1 8 7 ..............................Defense, Defense Supply Agency, Defense Depot, Mechanicsburg, Pa.

Laborers (LIUNA)

1 8 8 ..............................Army, Services Center for the Armed Forces, Fort McNair, Washington, D.C.

Laborers (LIUNA)

1 8 9 ..............................Health, Education, and Welfare, Social Security Administration, District Office,

Miami Beach, Fla.

Government, Federation (AFGE)

1 9 0 ..............................Navy, Navy Commissary Store, Charleston, S. C.

Metal Trades Council (MTC)

1 9 1 ..............................Navy, Charleston Naval Shipyard, Charleston, S. C.

Government, Federation (AFGE)

1 9 2 ..............................Navy, Naval Air Station, Jacksonville, Fla.

Machinists (IAM)

1 9 3 ..............................Navy, Naval Research Laboratory, Washington, D.C.

Metal Trades Council (MTC)

1 9 4 ..............................Treasury, Bureau of Printing and Engraving, Craft Employees, Washington, D.C.

Machinists (IAM)

1 9 5 ..............................Navy, Naval Ordnance Laboratory, White Oak, Md.

Metal Trades Council (MTC)

1 9 6 ..............................Navy, Puget Sound Naval Shipyard, Bremerton, Wash.

Metal Trades Council (MTC)

1 9 7 ..............................Interior, Bureau of Reclamation, Grand Coulee Dam, Operations Office, Wash.

Columbia Basin Trades Council

1 9 8 ..............................Navy, Naval Air Rework Facility, Cherry Point, N. C.

Machinists (IAM)

1 9 9 ..............................Veterans Administration Hospital, Wilkes-Barre, Pa.

Government, Federation (AFGE)

200 ...............................Veterans Administration Hospital, Bronx, N.Y.

Government, Federation (AFGE)

2 0 1 ..............................Army, U.S. Army Administration Center, St. Louis, Mo.

Government, Federation (AFGE)

202 ...............................Air Force, Andrews Air Force Base, Washington, D.C.

Government, Federation (AFGE)

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203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

.Army, Area Support Service Offices, Schofield Barracks and Fort Shafter, Hawaii 

Machinists (LAM)

.Air Force, Warner Robins Air Material Area, Appropriated Funds Employees, Robins AFB, 

Ga.

Government, Federation (AFGE)

.Justice, Federal Prison Service, Washington, D.C.

Government, Federation (AFGE)

.Navy, Naval Air Rework Facility, San Diego, Calif.

Aeronautical Examiners (AAE) (Ind.)

.Veterans Administration Hospital, Beckley, W. Va.

Government, Federation (AFGE)

.Health, Education and Welfare, Public Health Service Hospital, Norfolk, Va.

Government, Federation (AFGE)

.Defense, Defense Supply Agency, Defense Depot, Tracy, Calif.

Laborers (LIUNA)

.Air Force, McClellan AFB, Sacramento, Calif.

Government, Federation (AFGE)

.Air Force, Barksdale AFB, La.

Government, Federation (AFGE)

.Veterans Administration Hospital, Fort Meade, S. Dak.

Government, Federation (AFGE)

.Interior, Bureau of Indian Affairs, San Carlos Irrigation Project, Coolidge, Ariz.

Federal Employees (NFFE) (Ind.)

.Veterans Administration Hospital, Little Rock, Ark.

Government, Federation (AFGE)

.Navy, Naval Ship Engineering Center, Philadelphia Division, Philadelphia, Pa.

Technical Engineers (AFTE)

.National Labor Relations Board, General Counsel, Clerical Unit, Washington, D.C.

National Labor Relations Board Union (NLRBU) (Ind.)

.Defense, Defense Supply Agency, Defense Depot, Ogden, Utah 

Government, Federation (AFGE)

.Air Force, Tinker AFB, Oklahoma City, Okla.

Government, Federation (AFGE)

.Health, Education, and Welfare, Food and Drug Administration, District Office, Chicago, 111.

Government, Federation (AFGE)

.Justice, Office of the U.S. Marshal, Brooklyn, N.Y.

Government, Federation (AFGE)

.Army, Fort Shafter, and Schofield Barracks Area Transportation Motor Pools, Hawaii 

Metal Trades Council (MTC)

.Army, U.S. Army Engineer Topographic Production Center, Washington, D.C.

Graphic Arts (GAIU)

.Veterans Administration Hospital, Batavia, N.Y.

Government, Federation (AFGE)

.Treasury, Bureau of Printing and Engraving, Washington, D.C.

Government, Federation (AFGE)

.Commerce, Maritime Administration, Western Region, San Francisco, Calif.

Seafarers (SIU)

.Health, Education, and Welfare, Social Security Administration, District Office, Macon, Ga. 

Government, Federation (AFGE)

.Defense, Defense Contract Administration Services District, Twin Cities, Minn.

Federal Employees (NFFE) (Ind.)

.General Services Administration, Region 10, Boise, Idaho!

Federal Employees (NFFE) (Ind.)

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230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

.Office of Economic Opportunity, Headquarters Office, Washington, D.C.

Government, Federation (AFGE)

.General Services Administration, Region 1, Hartford, Conn.

Government, Federation (AFGE)

.Veterans Administration, V.A. Center, Mountain Home, Tenn.

Government, Federation (AFGE)

.Navy, Naval Air Station, Barbers Point, Hawaii 

Government, Federation (AFGE)

.Army, Infantry Board, Fort Benning, Ga.

Government, Federation (AFGE)

.Veterans Administration Hospital, Murfreesboro, Tenn.

Government, Federation (AFGE)

.Interior, Bureau of Reclamation, Rio Grande Project, El Paso, Tex.

Electrical Workers (IBEW)

.Treasury, U.S. Assay Office, New York, N.Y.

Government, Federation (AFGE)

.Army, Natick Laboratories, Natick, Mass.

Government, Association (NAGE) (Ind.)

.Interior, Bureau of Indian Affairs, Flandreau Indian School, Flandreau, S. Dak.

Federal Employees (NFFE) (Ind.)

.Interior, Bureau of Indian Affairs, Flathead Irrigation Project, St. Ignatius, Mont.

Federal Employees (NFFE) (Ind.)

.Army, Letterkenny Army Depot, Chambersburg, Pa.

Government, Federation (AFGE)

.Veterans Administration Hospital, Richmond, Va.

Government, Federation (AFGE)

.Army, Engineer District, Vicksburg, Miss.

Maritime (NMU)

.Air Force, Homestead AFB, Fla.

Federal Employees (NFFE) (Ind.)

.Smithsonian, National Zoological Park, Washington, D.C.

Government, Federation (AFGE)

.Treasury, Internal Revenue Service, Midwest Service Center, Kansas City, Mo.

Internal Revenue Employees (NAIRE) (Ind.)

.Veterans Administration Hospital, Houston, Tex.

Government, Federation (AFGE)

.Interior, Bureau of Indian Affairs, Yakima Agency, Toppenish, Wash.

Federal Employees (NFFE) (Ind.)

.National Labor Relations Board, General Counsel, Field Office Professional Employees, 

Washington, D.C.

National Labor Relations Board Union (NLRBU) (Ind.)

.National Aeronautics and Space Administration, George C. Marshall Center, Huntsville, Ala. 

Government, Federation (AFGE)

.Agriculture, Idaho State Agricultural Stabilization and Conservation Service, Boise, Idaho 

Federal Employees (NFFE) (Ind.)

.Air Force, Travis AFB, Calif.

Government, Federation (AFGE)

.Treasury, Internal Revenue Service, Nashville District, Nashville, Tenn.

Internal Revenue Employees (NAIRE) (Ind.)

.Transportation, Federal Aviation Administration, Buffalo Flight Standards Service—N. Y.

Government, Association (NAGE) (Ind.)

.Labor—Field Offices—Washington, D.C.

Government Federation (AFGE)

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255 ...............................Army, Mobile District, Corps of Engineers—Mobile, Ala.

Government, Federation (AFGE)

256 ..............................Navy, Naval Air Station—Brooklyn, N.Y.

Government, Federation (AFGE)

257 ...............................Navy, Naval Supply Center—Oakland, Calif.

Operating Engineers (WOE)

258 ...............................Navy, Naval Supply Center—Charleston, S.C.

Government, Federation (AFGE)

259 ............................... Navy, Naval Inactive Ship Maintenance Facility—Orange, Tex.

Government, Federation (AFGE)

260 ..............................Air Force, McChord AFB—Wash.

Government, Federation (AFGE)

2 6 1 ..............................Commerce, Personal Census Services Branch—Pittsburg, Kan.

Government, Federation (AFGE)

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Appendix B. Selected Contract Provisions

From the agreement between

National Aeronautical Space Center 

John F. Kennedy Space Center,

Kennedy Space Center, Florida and 

American Federation of Government 

Employees (AFGE)

PROMOTIONS

(a) The employer and the union agree that the basic 

intent of the NASA Merit Promotion Plan is to insure 

promotional opportunities to the best qualified 

employees available who can contribute most effectively 

to the Center’s mission. The Merit Promotion Plan will 

be applied with fairness and equity in a manner which 

will continually improve the efficiency and morale of 

the work force.

(b) The employer agrees to fill vacant positions on 

the basis of merit, fitness and overall qualifications and 

to maintain a career service which affords maximum 

opportunity for continuity of employment and 

optimum utilization of employee skills.

(c) The employer agrees to conform to appropriate 

Civil Service Commission and agency regulations and 

directives in effecting such competitive or 

noncompetitive actions as promotions, reassignments, 

changes to lower grade, transfers, or re-employment.

(d) The employer will furnish the union with a copy 

of each merit promotion announcement issued.

(e) The employer agrees that copies of all merit 

promotion announcements will be distributed to all 

organizational elements and posted in the Personnel 

Office to assure that all employees are informed on a 

timely basis of promotion opportunities available 

throughout the Center. Such announcements must be 

posted on organizational bulletin boards a minimum of 

five workdays before the closing date of the 

announcement. If there are no organizational bulletin 

boards the announcement shall be promptly circulated 

among all employees within each organizational element 

a minimum of five workdays before the closing date of 

the announcement. Information regarding open 

announcements will be publicized in each edition of the

KSC Bulletin as long as the announcement is still open 

and such bulletins will be posted on the Center’s Official 

Bulletin Boards.

(f) The employer agrees to implement the promotion 

plan in accordance with all applicable existing or future 

rules or regulations and directives issued by the agency 

and/or Civil Service Commission and the provisions of 

this agreement.

(g) The employer agrees to confer with the union on 

proposed modifications of the NASA Merit Promotion 

Plan. If subsequent modifications of such plan 

necessitate any changes in the provisions of this 

agreement, such changes, if within local discretionary 

authority, will not be implemented without prior 

negotiation with the union.

(h) If an employee in the unit is detailed or 

temporarily promoted for thirty (30) days or more, such 

information will be made available to the union upon 

request.

(i) Supervisors will submit appropriate documentation for inclusion in the employee’s personnel record 

when the employee is detailed to duties other than his 

own for a period in excess of 30 days. An employee 

detailed for 30 days or less may, at his request, have the 

detail noted on the Employee-Record Card maintained 

by his organization.

(j) When an employee is temporarily promoted, he 

shall receive the pay applicable to the higher position 

commencing with the effective date of the temporary 

promotion as required by Federal regulations.

(k) In accordance with applicable regulations, an 

employee who receives a temporary promotion to a 

higher level position, and who upon demotion does not 

retain the highest salary based on the highest previous 

rate rule, will not lose any of the waiting period for a 

periodic step increase in his regular grade.

(l) Eligibility of candidates will be based on 

minimum commission standards and the order of 

consideration of applicants for positions within the unit 

of recognition will be in accordance with the criteria set 

forth below:

a. Initial area of consideration under the Merit Promotion 

Plan is established as Kennedy Space Center, and only

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when advertising within the Center does not provide at 

least four highly qualified candidates will the area of 

consideration be extended. Voluntary applications under 

the Merit Promotion Plan from outside the Center, but 

within NASA, shall be treated as if they were in the 

minimum area of consideration for the position for which 

filed. Applications will be retained for a period of 6 

months and then returned to the applicant to update and 

resubmit if he desires continued consideration. When the 

area of consideration is extended, it will be done in the 

following sequence:

-Manned Space Flight Organization

-Other NASA Organizations

b. Rating candidates will be accomplished by a personnel 

representative for grades GS-1 through GS-6. Higher 

grades will be rated by a panel of three consisting of: one 

personnel representative; one member of the gaining 

primary organization (other than the selecting supervisor) 

who is at least one grade higher than the vacancy being 

considered, if available; and one subject matter specialist 

from another organization who is at least one grade higher 

than the vacancy being considered, if available. One of the 

members other than the personnel representative may be 

nominated by the union subject to approval of the 

personnel officer. Each member will carry full voting 

rights and will hold panel actions in confidence. Ranking 

criteria shall include experience (general and specialized), 

education, training, supervisory appraisal, awards and 

self-development. Number of years in Civil Service will be 

used as tie-breakers. Criteria must be within the provisions 

of the NASA Merit Promotion Plan before they may be 

used. They shall be equitably administered by each panel. 

Only in the case of newly established positions will 

written tests be required (as approved by the Civil Service 

Commission) since experience and evaluation of past 

performance provides a more reliable means of measuring 

skills, abilities and potential capacity than do written 

tests. The Professional Staffing and Examining Branch, 

Personnel Office, will advise the union president (or 

subordinate officers in the order of their availability) of 

pending announcements and the names of selecting 

officials immediately upon receipt of official information 

that a vacancy announcement will be required. The union 

has the right to recommend for the selecting officials’ 

consideration ranking criteria and weights to be assigned 

to each factor. The recommendation or a statement of 

“no input” must be submitted in writing to the selecting 

official within three(3) working days. Selecting officials 

must document their reasons in Merit Promotion Plan 

records whenever Union recommendations are not 

accepted.

The Personnel Office will refer the best qualified 

candidates, in no case more than 10, to the selecting 

official and require specific reasons for selection and 

non-selection be documented by the selecting official.

Selecting officials or their designees will make every effort 

to interview (at least telephonically) each of the best 

qualified referrals. Selections shall be made by the 

immediate supervisor of the position being filled with the 

concurrence of the next higher level of supervision. Fully 

documented reasons for selection shall be made a part of 

the promotion file.

An employee will be informed upon request:

-Whether he was considered for promotion in a 

specific vacancy 

-Whether he was eligible 

-Whether he was among the best qualified 

-Who was selected

-In which areas, if any, he should improve himself 

to better his chances for future promotion.

The employer agrees that adequate determination and 

justification will be made prior to issuance of a Merit 

Promotion announcement for positions within the unit, 

and that the announcement will not be cancelled anytime 

without adequate justification. The employer will notify 

the union in writing the reason the position was cancelled.

An established list of ten or more highly qualified 

candidates resulting from a merit promotion plan vacancy 

announcement will be used to fill one or more concurrent 

position vacancies within the Center unless special skills 

and knowledge essential to successful performance in a 

specific position are identified by the appropriate 

supervisor and agreed to by the Personnel Officer as 

warranting more than one announcement.

The employer agrees that selections under a Merit 

Promotion announcement for a vacancy within the unit 

usually will be made within 30 working days from the 

date of the Merit Promotion Plan certificates. The 

selected individual’s name will be announced in the KSC 

Bulletin.

The employer agrees that all employees determined to be 

not qualified, or qualified for announced positions but 

not included on the best qualified list, will be notified of 

their status no later than five (5) working days after the 

rating panel has completed its review action.

A person who is detailed or assigned to a higher graded 

position or one with known promotion potential will not 

be promoted or reassigned to that position without 

selection under the Merit Promotion Plan competitive 

procedures.

Qualification requirements on Merit Promotion announcements will not be tailored to fit an individual.

Evaluation and consideration by selecting supervisors of 

candidates on the best qualified lists submitted to them 

by the Personnel Office will be based mainly on the 

official personnel folder records, and will be completed 

by results of the interview with the candidates and, if 

deemed necessary, by discussion with previous supervisors 

of the candidates.

The selecting supervisor will be allowed to reject a 

selection from the best qualified list submitted to him, 

when the list submitted to him was the result of proper 

consideration and determination under the Merit 

Promotion rules and regulations, unless he justifies his 

non-selection in writing to the* Personnel Officer.

The employer agrees to send to the union copies of all the 

best qualified lists submitted to selecting supervisors on 

Merit Promotion announcements which were issued for a 

position in the unit, upon written request of the union.

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Every Merit Promotion announcement issued will be for 

an actual vacancy that exists or is expected to occur and 

not for the purpose of conducting surveys.

When an employee has a complaint on a Merit Promotion 

action he may, unless precluded by rules and regulations, 

submit a complaint under the NASA or negotiated 

grievance procedures (within an allowable limit of 30 

calendar days) or Equal Employment Opportunity 

complaint procedures (within an allowable limit of 15 

calendar days), as appropriate.

If a member of the unit presents a complaint about a 

merit promotion action and. the complaint meets the 

grievance procedure criteria, the complainant may, with 

or without his designated representative, examine the 

promotion certificate and the documented reasons for the 

selection made. The documented reasons for selection set 

forth by supervisor must identify the specific reasons 

which, in the opinion of the selecting supervisor, caused 

him to believe that the selected employee excelled the 

other employees considered for the position, such as: past 

performance or production records, awards received, 

experience, education or training, etc. In the event a 

formal grievance is submitted subsequently, appropriate 

grievance procedures will apply.

Supervisory appraisals and/or evaluations of past 

performance which were used or may be used in the 

current merit promotion process shall be shown to and 

discussed with the employee at his request. In such cases, 

the employee will initial and date the appraisal form 

(NASA Form 1419). The supervisor’s assessment of the 

employee’s potential for promotion will be made available 

as a part of formal grievance proceedings when it is 

pertinent to the specific grievance.

The employer agrees that if an employee was improperly 

or erroneously excluded from a merit promotion 

best-qualified list, the employee must be considered for 

the next appropriate vacancy.

The present procedure for selecting the best qualified 

candidates to fill vacant positions within the bargaining 

unit negotiated in conjunction with this Agreement will 

be reviewed by the employer and the union each six (6) 

months thereafter for the purpose of determining if the 

negotiated procedure insures a fair and equitable system 

of selecting the ten (10) best candidates.

Veterans and retired military personnel selected for 

employment in accordance with Civil Service Regulations 

will be accorded treatment consistent with the provisions 

of the Veterans’ Preference Act, Civil Service Regulations 

and NASA Regulations.

In the event procedural, regulatory or program violations 

under the Merit Promotion Plan are identified and 

verified, appropriate corrective and/or disciplinary actions 

will be initiated in accordance with FPM Chapter 335, 

6-4.

From the agreement between

Defense, Defense Depot Mechanicsburg, 

Pennsylvania and Laborers’ International 

Union of North America (LIUNA)

REDUCTION-IN-FORCE

(a) The employer shall give the union as much 

advance notice as possible of impending reductions-inforce, the necessity and reasons therefore. The employer 

shall also inform the union of the general competitive 

levels affected and the probable number of positions 

affected in each level.

(b) The employer will recognize the bumping and 

retreat rights of all employees, including those on 

approved leaves of absence and will consider in 

accordance with existing rules and regulations, seniority, 

veteran’s preference, and group and subgroup in cases of 

reduction-in-force notice. When an employee receives a 

reduction-in-force notice, he shall be permitted to review 

retention lists, including the temporary employee lists 

pertaining to all positions for which he is qualified. An 

employee so affected shall have the right to the 

assistance of the union when checking such lists. Upon 

request by the union, a copy of all initial lists used by 

CCPO for the reduction-in-force will be furnished to the 

union. It is mutually understood that such listings are 

not the official lists used to effect the reductionsin-force.

(c) Career or career-conditional employees separated 

by reduction-in-force will be given preference for 

returning from the reemployment priority list, to the 

extent that all governing regulations permit or require.

(d) Career or career-conditional employees on the 

reemployment priority list by reason of reductionin-force action will be given priority consideration for 

placement in temporary positions for which they have 

indicated their availability. Within retention subgroups, 

seniority will be given prime consideration.

(e) Any permanent status employee who is separated 

because of a reduction-in-force action shall have his 

name entered on the rehiring list of temporary status 

employees and may accept temporary employment from 

such list. Acceptance of such position will not cause 

their name to be removed from the reemployment 

priority list.

(f) Vacant positions, for which recruitment is 

authorized and occupied temporary positions, will be 

filled to the maximum extent possible by the 

reassignment or change to lower grade of qualified 

employees to avoid separation by reduction-in-force.

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From the agreement between

Veterans Administration Hospital 

Wilkes-Barre, Pa. and 

American Federation of 

Government Employees (AFGE)

GRIEVANCE AND ARBITRATION 

Grievance Procedures

The purpose of this article is to provide a mutually 

satisfactory method for the settlement of grievances and 

disputes between employee(s) and the employer. The 

following procedure is designed to provide an orderly 

and equitable means for resolving employee grievances. 

Accordingly, the union agrees to insure that when 

representing employees of the bargaining unit, no 

grievance will be taken or pursued outside the hospital 

without first having been brought to the attention of the 

Hospital Director. The employer and the union agree 

that it is intended that this grievance procedure will 

provide a means of resolving complaints and grievances 

at the lowest level possible. An employee may elect to 

use either the Union Negotiated Grievance Procedure or 

the Veterans Administration Procedure, but not both.

a. Nothing in this article shall be interpreted so as to 

require the union to represent an employee if the union 

considers the grievance to be invalid or without merit.

b. If at any step of the grievance procedure set forth 

herein the aggrieved employee decides to accept the 

decision rendered by the responsible official of the 

employer, the grievance shall be terminated. However, if 

the union feels that a significant issue of general 

application still requires resolution, the union may 

consult with the employer on the matter.

A grievance shall be defined as an employee’s 

complaint or dissatisfaction concerning some aspect of 

the employment relationship or a working condition 

which is beyond the control of the employee or the 

union, but within the control of the employer with a 

request for adjustment of a management decision. This 

includes, but is not limited to, disputes over the 

interpretation and application of this agreement, or any 

law, regulation, rule or policy governing personnel 

practices or working conditions, suspensions of less than 

thirty (30) days and letters of reprimand or admonishment. Suspensions of less than 30 days and reprimands 

of physicians, dentists and nurses are excluded from this 

article.

Most grievances arise from misunderstandings or 

disputes which can be settled promptly and satisfactorily 

on an informal basis at the immediate supervisory level.

The employer and the union agree that every effort will 

be made by management and the aggrieved party(s) to 

settle grievances at the lowest possible level. Inasmuch as 

dissatisfaction and disagreements arise occasionally 

among people in any work situation, the filing of a 

grievance shall not be construed as reflecting 

unfavorably on an employee’s good standing, his 

performance, his loyalty or desirability to the 

organization. The immediate supervisor shall maintain a 

healthy atmosphere in which the employee can speak 

freely and have a frank discussion of problems. All 

complaints will be given unprejudiced consideration.

Step 1

a. The grievance will be taken up by the aggrieved 

employee at the lowest appropriate supervisory level, 

normally with his immediate supervisor. This shall be 

done within fifteen (15) calendar days after receipt of an 

unfavorable administrative decision, or the date of 

occurrence of the event or action prompting the 

grievance. The employee may be represented by the 

Union Steward or a representative of his choice. The 

persons involved in the discussion will make an earnest 

effort to resolve this matter.

b. The supervisor shall make whatever investigation is 

necessary and shall give his answer orally to the aggrieved 

employee and the union representative within five (5) 

work days after the date of the discussion. It is expected 

that most grievances will be settled at this level.

c. If the aggrieved employee is dissatisfied with the 

decision of the supervisor, he may exercise his right to 

choose whether to pursue the grievance through the 

negotiated procedures as set forth in this article or 

through the Veterans Administration Procedure, but not 

both. An employee’s appeal of a suspension of thirty (30) 

calendar days or less may be processed under this 

grievance procedure if the employee has not exercised his 

right to appeal to the Civil Service Commission on 

procedural grounds only.

d. If the employee elects to use the Veterans 

Administration Procedure, the union will have the right to 

have a representative present at any formal hearing held 

and to make the views of the union known under 

conditions set forth in applicable regulations.

e. The employee must complete this informal procedure 

before he may pursue the formal procedure as provided in 

Steps 2 and 3.

f. Arrangements for any meeting concerning the 

grievance will be made by the supervisor or acting 

supervisor of the aggrieved employee.

Step 2

a. If the employee elects to use the negotiated grievance 

procedure, the grievance shall be reduced to writing on 

the AFGE Local 1699 Grievance Form, and submitted to 

the Chief of Division or Service within five (5) working 

days after receipt of the Step 1 decision. The grievance

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must be in sufficient detail to identify and clarify the 

basis for the grievance, and specify the relief requested by 

the employee.

b. The Chief of Division or Service will make such 

additional investigation as he considers necessary to 

develop the facts in the case. The Chief of Division or 

Service will discuss the matter with the employee and his 

union representative, if any, within ten (10) working days 

after receipt of the written grievance. The Chief of 

Division or Service may contact any employee whom he 

believes has a direct knowledge of the facts concerning 

the grievance. The Chief of Division or Service will submit 

his decision within five (5) working days after the 

discussion or in no event later than fifteen (15) working 

days after receipt of the written grievance. A written 

decision signed by the Chief of Division or Service will be 

given to the employee with a copy to the union. This 

reply shall contain the reasons used to substantiate his 

decision.

Step 3

a. If the Step 2 decision is unsatisfactory to the 

employee, he may then appeal the decision, in writing, to 

the Hospital Director within fifteen (15) calendar days 

after receipt of the Step 2 decision. The union may ask 

that the written request be supplemented by an oral 

presentation to the Hospital Director or his representative.

b. The Hospital Director will review the case based on the 

records and any oral presentation. His decision will be 

rendered, in writing, to the employee and to the union as 

soon as practicable. This reply shall contain the reasons 

used to substantiate his decision. The decision will be 

issued within fifteen (15) working days after receipt of 

the employee’s written appeal.

If the decision of the Hospital Director is 

unsatisfactory to the employee and the union, the union 

with the employee’s approval, may submit the grievance 

to arbitration or through the VA Hearing Procedure 

within thirty (30) calendar days after receipt of decision. 

A grievance which lias been processed under one of these 

two options cannot be processed under the other option.

The time limits specified in this article may be 

extended by mutual agreement of the union president 

and the personnel officer or his designated representative, when extenuating circumstances exist.

If the employee is aggrieved of a matter, the solution 

of which is not within the authority of the immediate 

supervisor, the first and/or second steps of the grievance 

may be waived by mutual agreement of the aggrieved 

employee and the personnel officer or his representative. 

In such case, the grievance may be processed at the next 

appropriate step.

Grievances must be initiated by employees (either 

singly or jointly); they may not be initiated by the union 

except over the interpretation or application of the 

agreement. The union may, however, present a grievance

on behalf of the employee or group of employees 

provided the employee or employees request the union 

to act for them and they are identified by name.

Allegations of unfair labor practices made in 

connection with an appeal or grievance will be processed 

under this grievance procedure.

Official time will be granted to the employee and his 

representative to prepare his formal grievance or appeal.

Arbitration

If the employer and the union fail to settle any 

grievance processed under the negotiated grievance 

procedure, such grievance, upon written request by the 

union within fifteen (15) calendar days after issuance of 

the employer’s final decision, shall be submitted to 

arbitration. Arbitration will only be invoked with the 

approval of the individual employee or employees 

concerned.

Within five (5) working days from the date of the 

request for arbitration, the parties shall meet for the 

purpose of endeavoring to agree on the selection of a 

qualified arbitrator. If agreement cannot be reached, 

then either party may request the Federal Mediation and 

Conciliation Service to provide a list of five (5) impartial 

persons qualified to act as arbitrators. The parties shall 

meet within three (3) working days after the receipt of 

such list. If they cannot mutually agree upon one of the 

listed arbitrators, then first the employer and then the 

union will each strike one arbitrator’s name from the list 

on five (5) and will then repeat this procedure. The 

remaining person shall be the duly selected arbitrator. 

The arbitrator’s fee and the expenses of the arbitration, 

if any, shall be borne equally by the employer and the 

union. The arbitration hearing will be held, if possible, 

on the employer’s premises during the regular day shift 

hours of the basic workweek. All participants in the 

hearing shall be on official government time without 

charge to leave.

The arbitrator will be requested to render his decision 

as quickly as possible, but in any event not later than 

thirty (30) days after the conclusion of the hearing 

unless the parties mutually agree to extend the time 

limit. The decision of the arbitrator will be binding on 

both parties, except as provided in Section 5.

Either party may file an exception to the arbitrator’s 

award with the Federal Labor Relations Council, under 

regulations prescribed by that authority. The Hospital 

Director may not file exceptions to the arbitrator’s 

award without prior approval of the Chief Medical 

Director.

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From the agreement between

Veterans Administration Hospital 

Pittsburgh, Pa. and National 

Alliance of Postal and Federal 

Employees (NAPFE) (Ind.)

IMPASSE PROCEDURES

It is mutually agreed that an impasse occurs only 

after both parties have negotiated in good faith and after 

serious and diligent efforts are unable to reach 

agreement. When it has been determined that an 

impasse is reached, it shall be submitted to a joint 

fact-finding committee.

The committee shall consist of five members, two 

appointed by each party and these four members will 

select an additional member. However, if mutually 

agreeable to both parties, this committee shall consist of 

three members, one appointed by each party and these 

two members will select an additional member. All 

members of the committee must be employees of the 

hospital or officers of the Local 510, of NAPFE. No 

members of the negotiation committee shall serve on the 

factrfinding committee.

The issues in dispute will determine the amount of 

time to be granted the committee in securing facts. The 

parties will, upon submitting a disagreement to the 

fact-finding committee, set a specific date for the 

committee to report. Official duty time shall be allowed 

the committee for discharging its functions.

The committee shall, by inquiry, research, and 

conference ascertain the exact facts at the basis of the 

dispute and submit its findings, without recommendations, to the negotiating parties for consideration.

The parties will consider the facts submitted by the 

committee and will make at least one more effort to 

reach agreement within thirty days after receipt of the 

report. In the event the parties are still unable to reach 

agreement, negotiations on the disputed issue will 

terminate at the end of the thirty-day period. If 

fact-finding has not resulted in agreement, services of the 

Federal Mediation and Conciliation Service may be 

requested by either party. Such use shall be subject to 

the rules of FMCS.

If an impasse continues after mediation services, the 

dispute may be submitted by either party to the Federal 

Services Impasse Panel for its consideration, at its 

discretion, and under its regulations.

If in connection with negotiations an issue develops 

as to whether a proposal is contrary to law, regulations 

or Executive Order 11491, and, therefore is not 

negotiable, it may be referred by either party to 

Veterans Administration Central Office, Washington, 

D.C., for determination with subsequent appeal rights to

the Federal Labor Relations Council. A copy of the 

contents of the referral will be furnished both parties.

From the agreement between

Defense, Defense Depot Tracy 

Tracy, California and Laborers’

International Union of North 

America (LIUNA)

SAFETY 

Safety and Health

The employer shall provide and maintain safe 

working conditions, and the union will cooperate to that 

end and encourage the employees to work in a safe 

manner. The employer shall notify the union promptly 

of all serious (lost time) occupational accidents that 

occur.

No employee shall be required to work in areas where 

conditions exist that are unsafe or detrimental to health 

without proper personal protection equipment and 

safety devices to be furnished by the employer as 

provided in DSAR 1000.6 and DDTCM 1438-1.

No employee shall be required to engage in hazardous 

operations or operations where there is a high potential 

of injury or death as a result of the employee working 

alone. The union will be kept fully informed as to the 

operations or jobs ruled hazardous by the employer 

under this section.

During inclement weather, the employer will arrange 

adequate heated space indoors for lunch breaks in order 

that employees may eat or rest in comfort.

Protective clothing will be provided when determined 

necessary by the employer except for items which 

employees can reasonably be expected to provide at 

their own expense particularly in view of the regular 

duties which he is assigned or for which he was 

employed. Protective clothing will be ' supplied in 

accordance with DSA Regulation No. 1000.6. The 

employer agrees to reimburse employees who are 

required as a condition of their employment to obtain 

and wear safety shoes. Replacements will be limited to 

one pair of safety shoes per individual per year and will 

conform with MIL-S 41821 or its equivalent. The 

method and amount of reimbursement is outlined in 

DDTC Manual 1438.1a.

Each employee shall have the option to choose sick 

leave or the Bureau of Employee’s Compensation in 

cases of occupational illness or injury. The employer will 

from time to time publish information to this effect so 

that the employees may be informed on appropriate 

procedures.

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The employer shall assign employees to limited duty 

when such need is substantiated by a doctor’s certificate 

and such work is available.

The employer agrees that positions will be filled with 

due regard for the physical capabilities or limitations of 

the applicants. Personnel of the depot will not be 

required to work beyond their physical capabilities. 

Determination of physical capabilities or limitations will 

be based upon a medical examination. Supervisors will 

grant female employees all due consideration when the 

job assignment requires excessive lifting. Work assignments of women will be within the guidelines forbidding 

discriminatory practices.

The employer agrees to appoint a regular and an 

alternate member to organizational safety committees 

who have been recommended by the union and are 

employees in the organization.

The employer agrees to maintain sanitary washrooms, 

lunch rooms and food services facilities on the depot. 

These facilities will be inspected on a regular basis by 

representatives of the employer. The employer and the 

union mutually agree to cooperate and maintain sanitary 

washroom facilities through mutual efforts to eliminate 

unsanitary conditions.

In the course of performing regular assigned duties, 

employees, supervisors, and union stewards are expected 

to be alert to observe any and all unsafe work practices, 

working conditions and equipment which represent 

hazards or unsafe conditions. If an unsafe action or 

condition is observed, the employee or union steward 

should report it immediately to the supervisor who will 

take immediate action to resolve the problem and 

correct the unsafe condition. Any matter which cannot 

be readily resolved will be referred by the union steward 

to the Division Chief. It is agreed that all parties, 

supervisors and union will obtain needed guidance from 

the Safety Division.

From the agreement between

Navy, Naval Air Reserve Training Unit,

Norfolk, Virginia and International 

Association of Machinists and 

Aerospace Workers (LAM)

SUBCONTRACTING

Contracting Out of Bargaining Unit Work

Decisions regarding contracting work out of the Unit 

and transfer of work within the Activity are areas of 

discretion of the employer and higher authority. In 

those matters wherein the employer has discretion, it

will be the policy that work normally performed in the 

Unit will not be contracted out or assigned to employees 

not in the bargaining Unit, unless such work is beyond 

the capacity or capability of Unit employees to perform 

or if economic considerations or technological changes 

dictate that such work be performed outside the Unit. In 

this regard, the employer agrees to consult with the 

union concerning any work situation changes affecting 

employees in the Unit.

The employer will consult with the union concerning 

any work changes that will result in a reduction in force 

affecting employees in the Unit. Further, the employer 

will minimize displacement actions incurred by a 

reduction-in-force to the extent possible through 

reassignment, re-training, restricting in-hires and other 

actions that may be taken to retain career employees.

From the agreement between

Interior, Bureau of Indian Affairs,

San Carlos Irrigation Project,

Coolidge, Arizona and National

Federation of Federal Employees (NFFE) (Ind.)

WAGE SURVEY 

ARTICLE I

Joint Wage Fact Finding Committee—General

Management at this installation and the union will 

form a Joint Wage Fact Finding Committee. This 

committee will consist of two members selected by 

management and two members selected by the union. 

One of the four members will be elected Chairman by 

the other three members each year, with chairmanship 

alternating between management and the union each 

year.

Duties of Joint Wage Fact Finding Committee

This committee will make annual surveys to 

determine prevailing rates of pay in the general vicinity 

of this installation for work which is similar to that of 

each Department of the Interior Wage Board classification represented at this installation. It is agreed that 

wage surveys will be conducted in accordance with 

Department of the Interior Manual instructions as 

follows:

Personal interviews shall be used for collecting wage rate 

data except when unusual circumstances make such 

personal interviews impracticable. Correspondence shall 

be used in areas where personal interviews are not 

practical because (of) the distance of the project from the 

data sources or the amount of time and expense involved. 

Telephone inquiries may be made if necessary. Special

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care should be taken on telephone surveys to assure that 

the persons being contacted understand the purpose of 

the surveys and that data for comparable jobs are 

obtained. Copies of standard job definitions should be 

sent when requesting wage rate data by correspondence. 

A form listing the pertinent labor classification should 

also be furnished to simplify the tabulation of data by the 

employer. Copies of pamphlets listing accurate wage rates, 

labor agreements, or similar published data should be 

obtained and used as supporting evidence, if available. 

The survey data should include the number of employees 

paid each rate for each classification, rate of overtime 

compensation, shift differentials, and other, data pertinent 

to the subject. Basic wage rates are the primary 

consideration in determining prevailing rates. Other 

benefits received by outside employees should be 

included for review and comparison purposes. There are 

no limitations on the number of firms to be contacted or 

the amount of data collected. Greater prevailing rate 

accuracy is obtained by a thorough survey of 

representative employers in the area.

Beginning Date of Joint Wage Fact Finding

Committee Survey

Annual wage surveys shall begin as early in March as 

new rates for Salt River Power District, to become 

effective for the District April 1, are determined. The 

Salt River Power District is the primary reference agreed 

upon by both management and union negotiating 

committees.

ARTICLE 2—PREVAILING RATE

Definition

It is agreed that in applying the prevailing rate 

principle as required by the Basic Agreement, “prevailing 

rate” is defined as the rate paid the largest number of 

employees (at sources contacted) doing similar work to 

labor classifications at this installation, in the general 

vicinity of this installation.

ARTICLE 3-ADDITIONAL LABOR 

CLASSIFICATION TITLES 

AND DEFINITIONS

Responsibility

If the work situation requires labor classification 

titles and definitions not specified by the Department of 

the Interior, it will be the responsibility of both parties 

to jointly prepare the needed definitions and 

recommend adoption by the Washington Office.

Limitation

Only those labor classification titles and definitions 

approved by the Washington Office will be utilized.

ARTICLE 4-WAGE CHANGES

Procedure

After the management and union negotiating 

committees have studied a wage survey conducted by 

the Joint Wage Fact Finding Committee and determined 

the prevailing rate for each approved labor classification, 

such rates will be recommended to the Area Director for 

approval.

Effective Date

Changes in rates of pay will take effect at the 

beginning of the first full two week pay period following 

approval by the Area Director.

Content and Timing

The Basic Agreement requires that both parties 

consider the need for revising existing rates of pay once 

in each period of 12 consecutive months, unless it is 

mutually agreed that such consideration is hot necessary. 

However, no specific mention is made in the Basic 

Agreement relative to frequency of negotiations on 

matters other than rates of pay, or related administrative 

matters. Therefore, it is agreed that negotiable matters 

other than rates of pay may also be negotiated at the 

time of annual wage negotiations provided that the party 

desiring such negotiations specifically identifies such 

matters in writing to the other party at least 30 days 

prior to the date of annual wage negotiations.

ARTICLE 6-PAYMENT FOR WORK IN 

A HIGHER WAGE CLASSIFICATION

Provision and Procedure

When an employee in a lower wage classification is 

assigned the duties of a higher wage classification for 

eight (8) or more hours in a given pay period, he shall 

receive the difference between his base rate and the rate 

of the higher classification, in addition to his regular rate 

of pay for those hours worked at the higher 

classification. This will be accomplished by appropriate

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entries on Time and Attendance Reports. It is agreed by 

both parties this method of payment for work at a 

higher wage classification will eliminate the need for 

dual appointments and, therefore, no dual appointments 

will be made.

ARTICLE 7-RATES NEEDED BETWEEN 

ANNUAL NEGOTIATIONS

Procedure

In the event the need arises between annual wage 

negotiations for one or more approved labor classifications not provided on the current wage schedule, the

schedule may be augmented by such classifications at 

rates agreed upon by the management and union 

negotiating committees in special consultations, usually 

by telephone. This does not permit the interim changing 

of rates on the basic schedule between annual 

negotiations.

ARTICLE 8-RESCISSIONS

Supplementary Agreements Rescinded and

Superseded

This supplementary agreement rescinds and supersedes any previous supplementary agreements).

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Federal Reserve Bank of St. Louis
BUREAU O F LABO R S T A T IS T IC S

REGIO N AL O FFIC ES

Region I

1603 JFK Federal Building 

Government Center 

Boston, Mass. 02203 

Phone: 223-6762 (Area Code 617)

Region II

1515 Broadway

New York, N.Y. 10036

Phone: 971-5405 (Area Code 212)

Region III

P. O. Box 13309

Philadelphia, Pa. 19101

Phone: 597-1154 (Area Code 215)

Region IV 

Suite 540

1371 Peachtree St., NE.

Atlanta, Ga. 30309

Phone: 526-5418 (Area Code 404)

Region V

8th Floor, 300 South Wacker Drive

Chicago, III. 60606

Phone: 353-1880 (Area Code 312)

Region VI

1100 Commerce St., Rm. 6B7

Dallas, Tex. 75202

Phone: 749-3516 (Area Code 214)

Regions VII and V III *

Federal Office Building 

911 Walnut St., 15th Floor 

Kansas City, Mo. 64106 

Phone: 374-2481 (Area Code 816)

Regions IX and X **

450 Golden Gate Ave.

Box 36017

San Francisco, Calif. 94102 

Phone: 556-4678 (Area Code 415)

* *

Regions VII and V III are serviced by Kansas City. 

Regions IX and X are serviced by San Francisco.

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U.S. DEPARTMENT OF LABOR

BUREAU OF LABOR STATISTICS

W ASHINGTON, D. C. 20212

THIRD CLASS M AIL

PO STAG E A N D FE ES PAID

U.S. DEPARTMENT OF LABOR

O FFIC IA L BUSINESS

PENALTY FOR PRIVATE USE, $300 LA B - 441

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