AGREEMENT 

BETWEEN THE 

DEFENSE DISTRIBUTION DEPOT

PEARL HARBOR, HAWAII 

AND 

SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU)

LOCAL 556, AFL-CIO 

AND 

HAWAII FEDERAL EMPLOYEES 

METAL TRADES COUNCIL, AFL-CIO 

REPRESENTED BY

SEIU LOCAL 556, AFL-CIO
TABLE of contents 

Page# 

Preamble 1 

Witnesseth 2 

Article 1 Parties to the Agreement and Bargaining Units Covered 3 

Article 2 Governing Laws and Regulations 4 

Article 3 Representation 5 

Article 4 Employer's Rights 9 

Article 5 Union's Rights . 11 

Article 6 Employee Rights 12 

Article 7 Equal Employment Opportunity 13 

Article 8 Career Development and Training 15 

Article 9 Incentive Awards 16 

Article 10 Position Classification 17 

Article 11 Merit Promotion 18 

Article 12 Employee Assistance Program 25 

Article 13 Safety and Health 26 

Article 14 Performance Evaluation 27 

Article 15 Employee Disability Compensation 36 

Article 16 Hours of Duty 37 

Article 17 Overtime Assignments 40
Artide 18 Extended Leave and Excused Absences 43

Artide 19 Holidays 46 

Artide 20 Annual Leave 47 

Artide 21 Sick Leave 49 

Artide 22 Family Medical Leave Act 51 

Artide 23 Court Leave 52 

Artide 24 Reassignments and Details 53 

Artide 25 Reorganization 55

- Artide 26 Reduction-in-Force 56 

Artide 27 Contracting Out 57 

Artide 28 Administration of Discipline 58 

Artide 29 Grievance Procedures 61 

Artide 30 Arbitration . 65 

Artide 31 Payroll Allotments for Withholding of Dues 67 

Artide 32 Copies of Agreement . 70 

Artide 33 Publicity 71 

Artide 34 General Provisions 72 

Artide 35 Duration and Termination 73 

Appendix 1 Grievance Form 75
PREAMBLE 

This Agreement is made and entered into by and between the DEFENSE

DISTRIBUTION DEPOT PEARL HARBOR HAWAII (DDPH), hereinafter referred to as the

"Agency", and SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 556, AFLCIO and HAWAII FEDERAL EMPLOYEES METAL TRADES COUNCIL (HFEMTC), AFL-CIO,

represented by SEIU LOCAL 556, AFL-CIO, hereinafter referred to as "Union". DDPH is a

secondary level field activity (SLFA) reporting to the Defense Distribution Center (DDC), a

primary level field activity (PLFA) under the Defense Logistics Agency (DLA).

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WITNESSETH 

The Agency and the Union share the conviction that the public interest can be best

served by a constructive labor-management relations program, which provides for optimum

participation of employees, through cooperative relationship with the Union in the

formulation and implementation of policies and practices, which affect them. Both parties

are committed to the development of a program, which achieves that objective.

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ARTICLE 1 

EXCLUSIVE RECOGNITION AND COVERAGE OF AGREEMENT 

SECTION 1. The Agency recognizes the Union as the exclusive representative of all

employees covered by this Agreement, with respect to their interests in the matters of

grievances, personnel policies and practices or other matters affecting general working

conditions. 

SECTION 2. The bargaining unit consists of all General Schedule non-supervisory, nonprofessional employees of the Department of Defense, Defense Logistics Agency, Defense

Distribution Depot Pearl Harbor, Hawaii. As certified by FLRA case number SF-RP-90050,

dated July 14, 1999, (SEIU Local 556, AFL-CIO), (Excluded are all Wage Grade

employees, professional employees, management officials, supervisors, confidential

employees described in 5 USC 7112(b) 2, 3, 4, 6, and 7.) 

The bargaining unit as certified by FLRA case number, SF-RP-90051, dated July 14,

1999 (HFMTC), represented by SEIU Local 556, AFL-CIO, includes all Wage Grade

employees of the Department of Defense, Defense Logistics Agency, Defense Distribution

Depot Pearl Harbor, Hawaii. (Excluded are all General Schedule employees and employees

described in 5 USC 7112 (b) 2, 3,4, 6, and 7.)

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ARTICLE 2 

GOVERNING LAWS AND REGULATIONS 

SECTION 1. The Agency and the Union are and shall be governed by all applicable laws

of the United States, including those in effect on the effective date of this Agreement

and those which are subsequently enacted. They also are and shall be governed by all

applicable Government-wide regulations in effect at the time that this Agreement is

executed. The Agency shall effectively enforce all provisions of the Civil Service Reform

Act of 1978 which it has a statutory duty to enforce; but it will not enforce any

Government-wide rule or regulation promulgated after the effective date of this

Agreement which is in conflict with the provisions of this Agreement unless such rule or

regulation is properly subject to the provisions of 5 U.S.C. 7116(a)(7). 

SECTION 2. Rules, regulations and /or directives in possession of the Agency which

deals with personnel policies and practices affecting employees in the bargaining units will

be available for the perusal of the Union upon request, or when deemed by the Agency to

be of interest to the Union. The foregoing is subject to security regulations, the Freedom

of Information Act, the Privacy Act and is not applicable to policies, regulations, and

memoranda of an intra-management nature.
ARTICLE 3 

REPRESENTATION 

SECTION 1. The Agency shall recognize the officials and designated representatives of

the Union. The Union shall maintain and provide to the Agency accurate and current

information on all Union officials and authorized representatives, with their assigned areas

of responsibilities. 

SECTION 2. Union representatives who are not employees of DDPH and who desire

admission to the depot will make arrangements through the Commander or his designee in

advance of a visit. Such visits shall be governed by current security regulations and the

Agency reserves the right to require that any such visitor be escorted by an Agency

representative during this stay at DDPH. 

SECTION 3. A reasonable number stewards and representatives may be authorized by

the Union, as representatives of the employees. The Union assumes responsibility for

designating the minimum number to provide efficient and effective employee

representation. Differences between the Union and the Agency concerning the number of

representatives will be resolved through grievance procedures. 

SECTION 4. The Agency and the Union shall encourage their respective representatives

to seek mutually acceptable solutions of problems at the lowest level. Consultation shall

commence between appropriate stewards and supervisors. This does not deny the Union

the opportunity of discussion with higher levels of management. 

SECTION 5. OFFICIAL TIME 

A. General 

1. Definitions: 

a. "Official time" means time granted by the Agency to a bargaining

unit employee whose name has been provided in accordance with Section 1 of this Article

by the Union to the DDPH Commander as being an elected, designated, or appointed

officer or representative of the Union to perform representational functions, when the

employee would otherwise be in a duty status. Such time granted is without charge to

leave or loss of pay, and is considered hours of work. 

b. "Representational functions" means the following activities:

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(1) Negotiations over the impact and/or implementation of

changes in conditions of employment of bargaining unit employees which occur during the

term of this Agreement. 

(2) Presentation and processing of grievances in accordance

with Article 29 of this Agreement. 

(3) Attendance at management-initiated meetings not

otherwise described in this Agreement, when invited. 

(4) Participation on committees or panels as authorized by this

Agreement. 

(5) Participation in proceedings before the Federal Labor

Relations Authority (FLRA) in accordance with FLRA's rules and regulations, and other

third party hearings. 

(6) When negotiating "face-to-face" a supplement to this

Agreement and mid-term proposals after reasonable time has transpired for all parties to

prepare, transmit, consider, and communicate on articles and issues through use of mail

and telephone. 

2. Prohibited Activities. Official time shall not be granted for the following

activities except as ruled negotiable by pertinent FLRA decisions: 

a. Matters pertaining to internal management of the Union. 

b. Membership meetings. 

c. Soliciting of memberships. 

d. Collecting of dues or assessments. 

e. Campaigning for Union office. 

f. Distributing or posting of union literature, notices and

authorization cards. 

B. Use of Official Time. The Agency and the Union shares the mutual 

responsibility to ensure that use of official time is reasonable.

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C. Release of Union Officials to Perform Representational Functions. 

Each Union official/steward will notify his/her supervisor each time representation duties

begin and end in order that proper time and attendance records may be maintained and to

permit supervisor assessment of the reasonableness of official time. 

SECTION 6. Reasonable time during working hours (time allowed) shall be granted to

Union representatives to carry out their duties and responsibilities in work-related

matters in assigned areas. 

SECTION 7. The Agency will provide each new employee with a copy of this Agreement

and it will afford a Union representative 15 minutes with, new employees to explain the

functions of the Union in representing employees. 

SECTION 8. Union representatives shall report to and obtain permission from their

supervisor whenever they desire to leave their assigned work for the purposes referred to

above, and shall report back to their supervisor at the time they returned to the job.

Prior to discussions with an employee in another work area, the representative will report

to the immediate supervisor in that particular area, and state the purpose of the visit

before interrupting the employee's work. Supervisory permission will be granted promptly

in the absence of compelling circumstances. If circumstances preclude permission at that

time, the representative will be informed when such permission will be granted, 

SECTION 9. Union representatives who have a continuing Union assignment normally shall

not be reassigned or detailed from one work shift (unless assigned to a rotating shift

position) except when: 

A. there are compelling reasons therefore, or 

B. geographically mobility is a part of their normal work assignment when appointed

representative (e.g. truck driver, crane operator, etc.). If and when such management

initiated reassignment or detail becomes necessary, the Agency shall notify the Union as

far in advance of the effective date as practical; and time permitting, shall consult with

the Union about the matter, if requested. The curtailment does not extend to or

preclude assignment to other work areas or changes of shift, as warranted by unforeseen

circumstances, to meet temporary emergency or unscheduled work requirements, except

that such assignments will be terminated as soon as possible. 

SECTION 10. Suitable space within DDPH will be made available by the agency to the

Union for the purpose of holding meetings and for filing material pertinent to this

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Agreement and the union's responsibility thereunder. The Union shall maintain such space

in clean and orderly condition and will make not alteration thereto without the Agency's

prior approval. 

SECTION 11. The Agency will grant a reasonable amount of official time to Union

representatives to attend Union-conducted training (e.g., ADR Procedures, EEO, etc.)

which is of mutual concern to the Agency and the representative and where the Agency's

interest will be served by the representative's attendance. The union will submit a

schedule of the training and the subject matter(s) to be covered to the Agency at least 10

calendar days in advance along with the request for official time. Official time will not be

granted to attend training regarding internal union business (e.g. membership drives,

elections, etc.) 

SECTION 12. It is to the advantage of both the Agency and the Union if

representatives are knowledgeable about applicable laws, regulations and new

developments pertaining thereto. Union representatives may be granted reasonable

amounts of official time to attend union-sponsored training sessions or other training

courses which are available at no cost to the Government, either for tuition, travel and per

diem. Official time will not be granted to attend training regarding internal union

business.

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ARTICLE 4 

EMPLOYER'S RIGHTS 

SECTION 1. Nothing in this Agreement shall affect the authority of the Employer: 

A. to determine the mission, budget, organization, number of employees, and

internal security practices of the Agency; and 

B. in accordance with applicable laws -

1. to hire, assign, direct, layoff, and retain employees in the agency, or to

suspend, remove, reduce in grade or pay, or take other disciplinary action against such

employees; 

2. to assign work, to make determinations with respect to contracting out,

and to determine the personnel by which agency operations shall be conducted; 

3. with respect to filling positions, to make selections for appointments

from -

a. among properly ranked and certified candidates for promotion; or 

b. any other appropriate source; and 

4. to take whatever actions may be necessary to carry out the agency

mission during emergencies. 

SECTION 2. Nothing in this Agreement shall preclude the Agency and the Union from

negotiating: 

A. at the election of the Agency, on the numbers, types, and grades of employees

or position assigned to any organizational subdivision, work project, or tour of duty, or on

the technology, methods, and means of performing work: 

B. procedures which management officials of the Agency will observe in exercising

any authority under this Article; or 

C. appropriate arrangements for employees adversely affected by the exercise of

any authority under this Article by such management officials.

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SECTION 3. The right to make reasonable rules and regulations is an acknowledged

function of the Agency, subject to any limitations set forth in this Agreement, 

SECTION 4. Provisions in this agreement which refer to duties or responsibilities of

specific supervisors, managers, or organizational elements are only intended to provide a

guide as to how a situation may be handled. It is agreed that the Employer retains the

sole discretion to assign work and to determine who will perform the function discussed. 

SECTION 5. It is agreed that changes in conditions of employment affecting employees

in the bargaining unit for, which there is an obligation to bargain, shall be accomplished by: 

A. presenting a draft of the proposed change to the Union via certified mail, 

facsimile, or electronic mail; 

B. permitting sufficient time (not more than 14 days calendar days from receipt)

for study and submission of written proposals; 

C. the Union agrees that, should it fail to submit a written proposal within the

prescribed time, the Agency may then proceed to implement the Agency's proposal without

obligation to negotiate; 

D. if the Union submits written proposals, negotiations will commence within 7

calendar days from receipt of the Union's written proposals, unless the parties agree to a

later date; 

E. Should negotiations take place, normal conduct of negotiations governs, including

third party proceedings. The foregoing does not preclude the Agency from implementing

policies and procedures at any time it is deemed necessary to insure effective and

efficient operations as mandated by 5 U.S. Code 7101(b). The Union will be promptly

notified of any such actions and the reasons therefore, and the Union may submit such

matter as a grievance under Article 29. 

The time limits in this Section may be extended by mutual agreement of the parties.

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ARTICLE 5 

UNION'S RIGHTS 

SECTION 1. The Union is the exclusive representative of the employees in their

bargaining unit and is entitled to act for and negotiate collective bargaining agreements

covering all employees in the bargaining unit. 

SECTION 2. The Union shall be given the opportunity to be represented at: 

A. any formal discussion between one or more representatives of the Agency and

one or more employees in the bargaining unit or their representative concerning any

grievance or any personnel policy or practices or other general conditions of employment;

or 

B. any examination of any employee in the bargaining unit by a representative of

the Agency in connection with an investigation if: 

1. The employee reasonably believes that the examination may result in

disciplinary action against the employee; and 

2. The employee requests representation. 

SECTION 3. The Agency shall annually inform all employees in the bargaining unit of

their rights under Section 2(b) of this Article. This information shall be posted on all

appropriate bulletin boards. 

SECTION 4. The Agency recognizes the right of the Union to initiate mid-term and

impact and implementation bargaining to the extent provided by law.

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ARTICLE 6 

EMPLOYEE'S RIGHTS 

SECTION 1. Each employee shall have the right to form, join, or assist any labor

organization, or to refrain from any such activity, freely and without fear of penalty or

reprisal, and each employee shall be protected in the exercise of such right. Except as

otherwise provided by law, such right includes the right: 

A. to act for the Union in the capacity of a representative and the right, in that

capacity, to present the views of the Union to the heads of agencies and other officials of

the executive branch of the Government, the Congress, or other appropriate authorities,

and 

B. to engage in collective bargaining with respect to conditions of employment

through Union representatives. 

SECTION 2. Employees have the right to refer or not refer work-related problems to

the Union without fear of reprisal. The Union is responsible for representing the

interests of all employees in the bargaining unit without discrimination and without regard

to labor organization membership. 

SECTION 3. Nothing in the Agreement shall require an employee to become or to remain

a member of the Union, or to pay money to the Union except pursuant to a voluntary,

written authorization by a member for the payment of dues through payroll deduction. 

SECTION 4. In accordance with applicable laws and the terms of this Agreement,

employees in the bargaining unit have the right to be represented by the Union without

discrimination because of membership or nonmembership in the Union. 

SECTION 5. Employees will be permitted to wear union insignia at work, provided that

such insignia are reasonable in size, appearance and content. 

SECTION 6. Employees have the right to expect their supervisors to treat them with

courtesy and respect, just as these employees are to treat their supervisors and fellow

employees with courtesy and respect.

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ARTICLE 7 

EQUAL EMPLOYMENT OPPORTUNITY 

SECTION 1. The Agency and the Union acknowledge their mutual responsibility assuring

that no one who has authority to take, direct, recommend, or approve any personnel action,

or to influence, directly or indirectly anyone in the taking, directing, recommending or

approving of any personnel action, shall discriminate for or against any employee on the

basis of race, color, religion, sex, or national origin, as prohibited under the Civil Rights

Act of 1964, as amended by the Equal Employment Opportunity Act of 1972; on the basis

of age, as prohibited under the Age biscrimination in Employment Act of 1967, as amended

by the Fair Labor Standards Amendments of 1974, on the basis of sex as prohibited under

the Fair Labor Standards Act of 1938. on the basis of a mental or physical handicapping

condition under the Rehabilitation Act of 1973. 

SECTION 2. In pursuit of this principal and ultimate EEO objective, it is agreed that,

when filling positions in which minorities or women are presently underrepresented, every

reasonable and lawful action will be taken to remedy this situation by affirmatively

considering minority and female candidates. 

SECTION 3. Complaints of discrimination based upon alleged violation of any of the laws

or directives listed in Section 1 above will be given prompt and fair consideration and every

effort will be made to provide a just and expeditious resolution of each such complaint.

Persons who make such complaints of alleged discrimination or who participate in the

presentation of such complaints shall be unimpeded and free from restraint, interference,

coercion, discrimination or reprisal. 

SECTION 4. The Agency has the duty and the responsibility to provide competent EEO

Counselors who shall be available to give prompt attention to all EEO complaints. The

names and telephone numbers of all EEO Counselors will be posted on official bulletin

boards. 

SECTION 5. A person who files an EEO complaint has the right to be represented by any

representative of his/her choosing during any stage of the complaint procedure. When a

complainant elects to exercise that right, he/she must advise the Agency in writing of the

name of his/her chosen representative. The complainant may also terminate or replace

his/her representative, in which case he/she must also advise the Agency in writing.

Nothing in this Section imposes any obligation upon the Agency to provide EEO

complainants with attorneys.

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SECTION 6. The Agency agrees to provide a copy of the applicable EEO Action Plan,

EEO regulation or directive governing the EEO Complaints procedure to any employee who

requests such documents. 

SECTION 7. The Agency will continue its efforts to identify and remove barriers to the

employability or to the on-the-job performance of handicapped persons. 

SECTION 8. Nothing in this Article will constitute valid grounds for the Agency's

failure to comply, in a timely manner, with nondiscretionary directives issued by the EEOC.

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ARTICLE 8 

CAREER DEVELOPMENT AND TRAINING 

SECTION 1. Training is a necessary and inseparable function of management for the

maintenance of a skilled and efficient workforce and shall normally be accomplished on the

Agency's time when the employee is directed to attend. To the extent practicable, the

Agency will make appropriate training spaces available for the further education of

interested employees who wish to pursue vocational or academic courses, on their own time

and expense. 

SECTION 2. The Agency shall make every reasonable effort to provide training

identified on the employee's individual development plan when such training is related to

the employee's official job duties. In regard to training related to individual development

plans, the supervisor and the servicing Civilian Personnel Office (CPO) will be responsible

for providing counseling and for scheduling training. The CPO will assist the supervisor and

the employee in the development of the individual development plan, upon request, and will

provide access to lists and catalogs on local training and educational resources for

employees and their supervisors. 

SECTION 3. The Agency will pay approved job related training expenses, Employees who

are interested in pursuing courses of training or higher education at their own expense will

not only be encouraged to do so, but they will be given full credit in personnel actions for

such training and education. 

SECTION 4. The Agency agrees to consult with and to give serious consideration to the

expressed views and recommendations of the Union in the establishment of training policy

affecting the employees covered by the agreement.

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ARTICLE 9 

INCENTIVE AWARDS 

SECTION 1. The Incentive Awards Program will be administered on a fair and equitable

basis. Any employee considered deserving of an award by his/her supervisor will be

nominated in a timely manner. 

SECTION 2. The Union may be afforded the opportunity to have a voting representative

participate on any established incentive awards committee for all awards applicable to

bargaining unit employees that require committee recommendation in accordance with

procedures and appropriate arrangements negotiated with the Agency.

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ARTICLE 10 

POSITION CLASSIFICATION 

SECTION 1. The Agency and the Union endorse the principle of equal pay for

substantially equal work. 

SECTION 2. The Agency will maintain an accurate position description for each position

which will reflect the significant duties to be performed. Position descriptions containing

"and other duties as assigned" or similar phrases will not be used as a basis for assigning

duties to an employee on a recurring basis, which are unrelated to his/her principal duties. 

SECTION 3. When differences concerning the accuracy of the contents of a position

description cannot be resolved between the supervisor and the employee, the

employee/Union representative may file a grievance under the negotiated grievance

procedure. Such grievances will not include issue(s) concerning the appropriate

classification of the title, grade and/or series of the position. The matter concerning

content accuracy must be resolved before an employee may file a position classification

appeal. 

SECTION 4. An employee who feels his/her position description is improperly classified

will meet and discuss this matter with his/her supervisor for clarification. Should the

supervisor be unable to answer the employee's questions, the supervisor will arrange for a

meeting with the appropriate position classifier, the supervisor, and the employee. The

Union shall be afforded an opportunity to attend such meetings, if requested by the

employee. Should this meeting fail to answer the employee's questions, the employee may

file a position classification appeal. Employees may have a Union representative, or a

representative of their choice, to assist them with a classification appeal. Upon written

request by the employee in connection with the appeal, the Agency will provide the

employee and the employee's designated representative with an analysis which shall cite

the standards used to classify the position being appealed. 

SECTION 5. Environmental differential pay shall be paid to any employee who is exposed

to a hazard, physical hardship or working conditions as authorized by 5 CFR 532.511,

Subpart E, Appendix A.

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ARTICLE 11 

MERIT PROMOTION 

SECTION 1. This Article is applicable to all promotions to Agency positions within the

bargaining units represented by the Union. 

SECTION 2. POLICY 

A. The Agency and the Union recognize their joint responsibility to actively

promote the achievement of a highly competent, fully integrated workforce. Toward this

end, and in order to meet the total objectives of the organization, the Agency has the

right in filling positions to use means other than the competitive promotion process and to

select from appropriate sources such as eligibles for reinstatement, transfer,

reassignment, excepted appointment, or those within reach on an appropriate certificate

of appointment eligibles. 

B. A principal goal of the Agency is to provide every employee with the opportunity

to realize a satisfying, rewarding, and productive career. Essential to this is a merit

promotion program which functions in full support of management's need for a competent

effective workforce and provides the impartial mechanism to enable employees to advance

as high as their abilities and initiative can take them within available opportunities. 

C.Merit promotion procedures will apply to actions effecting the competitive

placement (for over 120 days) of employees (including reinstatement and transfer

eligibles) to positions at grade levels higher than those of their previous positions. They

will also apply to placement into positions which offer promotion to grades which are

higher than the specific full performance level of any position previously held on a

permanent basis. 

D. The Agency has the right to select or not to select from among a group of

highly qualified promotion candidates, including the right to non-select all candidates. 

E. Higher level duties and responsibilities will not be assigned employees on a

continuing basis when such assignment is not in accordance with the provisions and intent

of this Article since such assignments create the impression of favoritism and

preselection and impair employee confidence in the integrity of the promotion program. 

F. Violations of the promotion program can have serious impact on personnel

management that goes beyond the particular cases involved. Proper promotion actions are

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essential to assure that the Agency is being staffed by the best persons available and

employees are receiving fair consideration. Thus, the Agency agrees to take appropriate

and timely measures to correct deficiencies discovered. 

SECTION 3. DEFINITIONS 

A. Area of consideration - The organizational and/or geographical area within

which qualified candidates will be eligible for consideration for competitive promotion or

position change. 

B. Cut-Off Score - A score combining all the measuring instruments being used in a

rating plan to identify highly qualified candidates. Candidates whose scores are below the

cut-off score will not be referred for consideration. 

C. Highly Qualified Candidates - Candidates who, in addition to meeting the basic

qualifications for a position, have additional specialized knowledge, skill, and abilities

(KSAs) necessary for success in the position to be filled. Their total score is at or above

the cut-off score and their performance of record is at or above fully successful. 

D. Concurrent Consideration - The simultaneous consideration of Agency and nonAgency candidates for competitive promotion. 

E. Minimum Area of Consideration - The narrowest area of consideration from

which the search for qualified candidates may be made. 

F. Promotion Certificate - The certificate containing the names of the top ranked

candidates eligible to be considered by the selecting official for competitive promotion. 

G. Selecting Official - The individual delegated authority by the Agency to make

the decision regarding the selection for placement into a position. 

H. Subject Matter Expert (SME) - A person who has knowledge and experience

which has provided a familiarity with the duties, qualifications requirements, and

responsibilities of the position. 

I. Underrepresented Position - A position in any occupation or grade level in which

the organization under the supervision of the selecting official has not reached the

applicable established DLA EEO and/or Affirmative Employment Program goal(s).

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SECTION 4. PROMOTIONS EXCEPTED FROM COMPETITION 

The following types of actions may be taken without regard to the competitive

procedures established by this Article; 

A. A promotion resulting from the upgrading of an employee's position due to the

unplanned accretion of additional duties and responsibilities or due to the issuance of a

new classification standard or the correction of an initial classification error. 

B. A position change resulting from the application of reduction-in-force

procedures when the action is technically termed a promotion because pay fixing policy

requires the employee to receive a higher rate of pay than the employee received in the

old job. 

C. Career promotion of an employee without current competition when at an earlier

stage the employee was selected from a civil service certificate or under competitive

promotion procedures for an assignment intended to prepare the employee for the position

being filled. 

D. A career ladder promotion following noncompetitive conversion of a cooperative

education student. 

E. A position change from a position having known potential to a position having no

higher potential. 

F. A temporary promotion of 120 days or less. 

G.Conversion from temporary to permanent promotion provided the temporary

promotion was effected under competitive procedures and the fact that it might lead to

permanent promotion was made known to all potential candidates. 

H. Repromotion to a grade which is no higher than the highest grade previously

held on a permanent basis or to a position which offers a non-competitive promotion to a

position that is no higher than the specific full performance level of any position previously

held on a permanent basis. This provision will not apply to an employee previously demoted

for cause 

I. Promotion after failure to receive proper consideration in a competitive

promotion action.

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J. Promotion directed by the PLFA/DDPH or higher authority to effect the

corrective action on an equal employment opportunity complaint, appeal, or grievance

decision or to correct a violation of regulation or law. 

K. A promotion when the employee's position is reconstituted because of either a

management action or an accretion of additional duties and responsibilities, provided: 

1. The employee will continue to perform the new duties as well as those of

the current position. 

2. The addition of new duties and responsibilities does not impact on the

grade of any other encumbered positron. 

3. The employee meets all requirements for promotion to the position. 

SECTION 5. RESPONSIBILITIES 

A. PLFA/DDPH will: 

1. Administer the Merit Promotion Program and assure adequate advice and

assistance is provided to supervisors and employees to enable them to discharge their

responsibilities in connection with the program. 

. 2. Appraise candidates for competitive promotion opportunities as 

objectively as possible and consistent with the facts as evidenced in actual performance. 

3. Attendant to the circumstances of the individual case, make selections

within a reasonable time, normally within 10 workdays after receipt of a promotion

certificate by a selecting official. 

4. Notify each employee on a promotion certificate of his/her selection or

nonselection. 

5. Document reasons for nonselection of employees eligible for repromotion

consideration who have been certified on a promotion certificate. 

6. Provide for the publicizing of job opportunity announcements within the

announced area of consideration. 

7. Attendant to the circumstances of the individual case, release employees

selected under this program normally not later than the beginning of the second pay period

following final selection.

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8. Provide advice, upon request, to employees with respect to the filing of

applications and the regulatory aspects of the promotion program. 

B. The Union will bring matters of concern regarding the promotion program to the

attention of the Commander, or his designee, as early as possible in an effort to reach

informal resolutions. 

C. Employees are expected to: 

1. Apply only for those positions for which they consider themselves

qualified and in which there is a genuine interest and willingness to accept, if selected. 

2. Assure the applications filed for consideration are completed legibly,

accurately and in the detail required to permit a valid evaluation of their qualifications. 

3. Cooperate in the resolution of questions concerning their qualifications

and eligibility for a specific job vacancy or job category by providing pertinent information

as may be requested or required. 

4.Advise supervisors or co-workers of the job opportunities in which they

are interested and arrange to be notified if such opportunities are advertised while they

are absent on leave, detail, TDY, or at a training course. 

5. Familiarize themselves with this program and seek desired clarification

from supervisors and/or their servicing Civilian Personnel Office. 

6. Respond to the requirements of JOAS, including KSAs. 

SECTION 6. AREA OF CONSIDERATION 

The area of consideration for positions to be filled through competitive promotion

procedures must be broad enough to obtain a sufficient number of highly qualified

candidates from which to select and to provide adequate promotion opportunities for

employees. For permanent promotion opportunities, the minimum area of consideration will

be DDPH. 

SECTION 7. JOB OPPORTUNITY ANNOUNCEMENTS 

A. Positions to be filled through the competitive promotion process will be

publicized by means of a job opportunity announcement (JOA). 

B. As a minimum, JOAs shall include the following information:

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1. The JOA number. 

2. The position title(s), occupational series, and grades(s). 

3. Opening and closing dates. 

4. A brief summary of the representative duties of the position(s). 

5. Area(s) of consideration. 

6. Qualification requirements, including a description of any modification of

established qualification requirements. 

7. Selective placement factors, if any. 

8. KSAS, evaluation factors and the due consideration of weights they will

receive in arriving at composite or total scores for ranking purposes. 

9. A statement that the position(s) covered has (have) known promotion

potential which can result in subsequent career promotion(s), if applicable. 

10. Any test(s) required. 

11.Any unusual conditions of employment which it might be advisable to

publicize, such as tour of duty, temporary duty (TDY) travel, driver's license, financial

statement filing requirement, security requirements, etc. 

12.A statement that applications will be accepted from VRA eligibles and

30 percent or more disabled veterans. 

13. The statement: "The Defense Logistics Agency is an equal opportunity

employer," 

14. Statement that basic eligibility requirements such as time in grade,

minimum qualifications, and other regulatory requirements must be met by the closing date

(or the closing/cut-off date of the register, if one is used). 

15. Length of temporary promotion or detail (if appropriate). 

16. How and where to apply, including any special forms required. 

17. Statement concerning PCS nonpayment where PCS will not be paid.

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18. Statement as to whether the position is a drug testing designated 

position. 

19. Statement as to whether the position is subject to mobility or rotation. 

C. DDPH JOAs will be posted in appropriate places, such as electronic mail 

systems, and official bulletin boards developed for that purpose during the time limits

within which applications will be accepted. A copy of DDPH JOAs will be furnished to the

Union by mail or facsimile. Announcements issued for specific vacancies will remain open

for periods of time dictated by local agreement. 

D. To be accepted, applications must be received by the servicing Personnel Office

by the closing date identified on the JOA. 

E. Amendments, cancellations, extensions or other changes to JOAs will be

publicized by issuance of an amended JOA or through other methods locally negotiated. 

SECTION 12. CANDIDATE INTERVIEWS 

A. Generally, all candidates will be interviewed. Candidates who are not readily

available need not be interviewed or may be interviewed by phone. To expedite staffing,

additional candidates who need not be interviewed may be determined locally based on

whether the position(s), interviewer(s), and the () are similar and how much

time has elapsed since the last interview. 

B. Interviews will be conducted in essentially the same manner in regard to

questions asked and the information being sought so that all candidates are given an

equitable opportunity to present themselves and their qualifications. 

C. Employees will be released, after making appropriate arrangements with their

supervisor, for the time necessary for the interview to be conducted. 

SECTION 13. Selecting officials may select any of the candidates referred on the

promotion certificates, or any candidate eligible for noncompetitive consideration. 

SECTION 14. Promotion actions will be documented and records maintained in

accordance with requirements established by the OPM. The Union representative shall

have the right to review pertinent promotion records, upon request, subject to the

limitations of the Privacy Act.

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ARTICLE 12 

EMPLOYEE ASSISTANCE PROGRAM 

SECTION 1. The Agency agrees to implement and promote an employee assistance

program for individuals suffering from alcoholism, drug abuse, or emotional disorders that

may affect job performance and to make employees and supervisors aware of the program. 

SECTION 2. 

A. The Union agrees to cooperate fully with the Agency in attempting to

rehabilitate and improve work performance, if appropriate, of affected employees who

need assistance under the provisions of this program. 

B. The Union and the Agency recognize that the program is designed to deal

forthrightly with the problem at an early stage when the situation is more likely to be

correctable. 

SECTION 3. When an employee's problem interferes with the efficient and proper

performance of his/her duties, reduces his/her dependability, or reflects discredit upon

the Agency, supervisors will either advise or encourage troubled employees to pursue help

through the Employee Assistance Program. 

SECTION 4. Employees undergoing a prescribed program of treatment will be granted

sick leave on the same basis as any other illness when absence from work is necessary.

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ARTICLE 13 

SAFETY AND HEALTH 

SECTION 1. GENERAL 

A. The Agency will, to the extent of its authority, provide and maintain safe and

healthful working conditions for all employees. Safe and healthful working conditions will 

be determined in accordance with the definitions and standards contained in Section 19 of

the Occupational Safety and Health Act (OSHA), in Executive Order 12196, and in

implementing regulations and directives. 

B. The Union will support the Agency's efforts to acquaint every employee with

his/her safety and health responsibilities. Any employee in the bargaining unit who is

performing duties which he/she believes endangers his/her health or safety, will notify

his/her supervisor promptly without fear of intimidation or reprisal. If the supervisor

agrees with the employee and cannot solve the problem by providing immediate adequate

protection, the supervisor shall remove the employee from the situation and refer the

problem through appropriate channels for action. 

SECTION 2. PERSONAL PROTECTIVE EQUIPMENT The Agency will furnish personal

protective equipment to employees when it determines that such equipment is necessary

for the work to be done safely without charge or cost to the employee. Employees will 

be allowed to retain such equipment, if it is not suitable for use by other employees when

they no longer need it (i.e., eyeglasses, safety shoes, etc.). 

SECTION 3. SAFETY AND HEALTH INSPECTIONS The Agency will conduct annual

safety and health inspections at every Agency installation. The Union will be afforded

an opportunity to participate in these inspections. Safety and health hazards discovered

in these inspections will be corrected as expeditiously as possible. 

SECTION 4. WORK IN UNSAFE AREAS The provisions of DLAM 6055.1 (DLA Safety

and Health Manual), E.O. 12196, and 29 C.F.R. § 1960 in effect at the time will be followed

to that employees who are involved in occupations with identified safety/health hazards

are made aware of the hazards, informed of safe work practices, and educated in the

use of appropriate personal equipment. 

SECTION 5. SAFETY COMMITTEE A Safety Committee will be established which

includes employees, union representation, and management.

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ARTICLE 14 

PERFORMANCE EVALUATION 

SECTION 1 

A. Periodic observation and evaluation of performance, accompanied by private

discussions, should serve to increase understanding between supervisors and subordinate

employees regarding performance. If a narrative record results from such discussions,

the affected employee shall be given a copy of the record and shall have the right to make

written comments concerning any disagreement with the record. These written comments

shall be attached to the narrative record. 

B.Management will prepare and use written performance plans to evaluate the

work of subordinates. 

C. Performance plans must be current and derived from the duties and

responsibilities of the position, and be reasonably attainable. 

D. Employees will be given the opportunity to participate in the initial development

and substantial revision of performance plans for their positions. 

E. Management will keep employees informed periodically of their performance, and

must provide them with counseling and training that management determines to be

necessary to be fully productive. 

F. Employees who serve as representatives or officials of labor organizations will

be rated solely on the basis of how well they perform the duties and responsibilities of

their officially assigned positions. Failure to separate union duties from officially assigned

duties can be grieved in accordance with Section 3 I of this Article. 

SECTION 2. DEFINITIONS 

A. Appraising Supervisor. The individual who is authorized to assign and review

work, and is responsible to oversee performance of the employee being evaluated, This

individual is normally the immediate supervisor who exercises full range personnel

management responsibility.

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B. Approving Official, The individual(s) responsible for approving ratings

submitted by the appraising supervisor for those ratings which fall below Fully Successful.

This is normally the next higher level supervisor above the appraising supervisor. 

C. Critical Element. A component of a position consisting of one or more duties and

responsibilities which contribute toward accomplishing organizational goals and objectives,

and which is of such importance that unacceptable performance on the element would

result in unacceptable performance in the position. 

D. Fully Successful. The performance level necessary for the employee to function

adequately, fulfill the duties and responsibilities of the position, and properly contribute

to meeting organizational performance goals. 

E. Minimally Acceptable. Performance in which important aspects of work are

deficient and improvement is necessary for the employee to properly contribute to

achieving organizational goals. If the employee is rated at this level in one or more critical

elements, a summary rating of Minimally Acceptable must be given. 

F. Unacceptable. Performance which substantially and consistently fails to meet

the Fully Successful level for a critical element. If an employee is rated Unacceptable in

one or more critical elements, a summary rating of Unacceptable must be given and the

employee reassigned, demoted, or removed from the Federal service. 

G. Performance Appraisal. The process of reviewing and evaluating the

performance of an employee against the written performance plan. 

H. Performance Plan. The written combination of critical elements and standards

of performance for them. 

I. Performance Standard. The results-oriented statement that describes the level

of performance established for a critical element in such dimensions as quality, quantity,

timeliness, and manner of performance. 

J. Rating of Record. The summary rating under 5 U.S.C. 4302 ordinarily required

at the end of the appraisal period (December 31). 

K. Summary Rating. The written record of the appraisal of each critical element

and the assignment of the summary adjective rating. 

SECTION 3. PROCEDURES 

A. Establishing Written Performance Plans

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1. Written performance plans related to the duties and responsibilities of

each position will be prepared, revised as necessary, and kept current. Performance plans

will set forth the criteria by which work will be measured for each critical element.

Employees will be encouraged to participate in the initial development of performance

plans for their positions. Any change to or revision of performance plans will be discussed

with the concerned employees and their comments considered prior to the plan becoming

official. 

2. An employee will be provided a copy of the performance plan for his/her

position at the beginning of each appraisal period, upon initial entry into the position, and

when a new or revised performance plan is established. 

B. Discussing Performance with Employees 

1. Performance appraisal is a continuous process involving periodic

discussions between the supervisor and employee (at least twice per year, one mid-period

discussion and a summary discussion at the end of the appraisal period or when

performance is rated). Every effort should be made to assure that employees understand

the performance plan for their positions, as well as the extent to which their performance

meets standards. Employees may request clarification of any aspect of their plan which is

not clear. (Refer to Section 1A of this Article) 

2. Each employee's performance should be discussed at the time a rating is

given. If an employee is temporarily unavailable for this discussion, the supervisor should

delay forwarding the completed rating to the servicing Office of Civilian Personnel (OCP)

until the employee is available unless the absence is expected to last for more than 30

days. 

C. Rating Performance 

1. The fixed performance appraisal period for employees covered by this

Agreement begins on January 1 and ends on December 31 each year. No requests for

waivers to or variations from this rating period will be entertained. Ratings will normally

be prepared and and/or approved by February 15 of each year. Ratings will be based on at

least 90 calendar days working under a performance plan for an appraising supervisor.

When an employee changes from one position to another, but has served 90 calendar days

in the former assignment for the losing supervisor, an appraisal will be prepared and

forwarded to the gaining supervisor. To the extent that it is applicable, that appraisal will

be considered when the employee's performance is rated at the end of the appraisal

period. When a position change occurs during the last 90 days of the appraisal period and

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the employee is otherwise eligible for a rating, a rating of performance will be prepared,

Ratings thus prepared will become the rating of record for the appraisal period. 

2, An employee who has been on long-term training or other lengthy absence

from duty, or for other reasons has not completed the minimum 90 days of work necessary

for a rating at the end of the appraisal period, will have his/her appraisal period extended

for a period of time necessary to provide the minimum 90 days working under a

performance plan for an appraising supervisor that is required for a rating. A rating will

be rendered at the end of the extended period. The former rating of record will continue

in effect until the new rating is prepared, reviewed, and approved. 

3. When either a temporary promotion or a reassignment NTE (date) is

processed and the assignment lasts more than 9 months, the gaining supervisor will provide

the employee's annual official performance rating. In addition, the gaining supervisor must

also ensure that an appropriate performance plan exists for the position. If one is not

available, he or she must follow the procedures outlined in Section 3.A. above. 

4. When a performance rating is prepared, each critical element will be

rated as either Fully Successful, Minimally Acceptable, or Unacceptable unless the

employee has had insufficient opportunity to demonstrate performance on an element(s).

In this event, the critical element should be annotated as unratable and should not be

considered in determining the summary adjective rating. If an employee's performance

fails to completely meet the Minimally Acceptable level, performance for that element

should be rated Unacceptable. The summary adjective rating will be determined as

provided on DLA Form 46, Performance Rating. 

5. Employees who serve as representatives or officials of the Union will be

rated solely on the basis of how well they perform the duties and responsibilities of their

officially assigned positions, and as provided in subparagraph C4 above. (Refer to Section

IF of this Article) 

6. Except when necessary to extend the performance appraisal period,

performance ratings will be prepared by February 15 of each year. 

7. The appraising supervisor will provide a copy of the completed

performance rating to the employee, discuss its contents and the employee's performance.

and obtain the employee's signature. The employee's signature does not imply agreement;

it merely verifies that the rating has been received and discussed. A space is available for

the employee to also comment on the form. 

8. When an employee has been rated Minimally Acceptable or Unacceptable,

the Employer will promptly initiate efforts to help the employee overcome the

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deficiencies. Section 4 of this Article provides further guidance to be followed when

performance is considered to be at the Unacceptable level. 

D. Rerating Performance During the Appraisal Period 

1. It is expected that employees will usually receive only one performance

rating per year and that will occur by February 15 of each year. However, performance

may be rerated when an employee's performance in one or more critical elements has

become Unacceptable. Performance must be rerated when the rating of record does not

agree with the decision to grant or withhold a within grade increase. 

2. A rerating may not take place until the employee has completed a

minimum of 90 calendar days in the job working for an appraising supervisor, and at least

90 calendar days have elapsed since the previous rating. A rerating may not take place

during the final 90 days of the fixed appraisal period. It is not necessary to rerate an

employee at the end of a warning period (see Section 4 below) in order to take an

appropriate performance-based personnel action. 

E. Appraising Performance on a Detail, Temporary Promotion, or Reassignment NTE

(date) 

1. When a detail, temporary promotion, or reassignment NTE (date) within

DLA is expected to last 120 days or more, the employee will be furnished with a copy of

the performance plan for the position. 

2. Upon completion of a detail, temporary promotion, or reassignment NTE 

(date) lasting 120 days or more, the employee will receive a performance rating. If the

temporary promotion or reassignment NTE (date) lasted less than 9 months, such a rating

is for information only and does not become the rating of record. It will be considered to

the extent that it is applicable to the employee's regular position when the employee's

performance is rated at the end of the appraisal period. See Section 3C3 for information

concerning longer temporary assignments. 

F.Probationary Period Evaluation 

1. During the 1-year probationary period required after competitive

appointment, a new employee will be appraised to determine whether conduct,

performance, and overall fitness warrants retention in the Federal service. 

2. Management will evaluate a probationary employee’s conduct and

performance not later than the 10th month of probation period. A written evaluation and

recommendation must be submitted on whether or not the employee should be retained.

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This probationary period evaluation does not take the place of the annual performance

rating. 

3. Part 315, 5 CFR provides guidance and procedural requirements for the

separation of a probationary employee. 

G. Performance Ratings and Other Personnel Actions 

1. An employee's retention standing for reduction-in-force (RIF) will be

determined in part by the last three annual summary ratings of record. Beginning with the

first annual performance rating issued after December 31,1997, employees will receive 20

years of additional service credit for performance during RIF for each rating of Fully

Successful. For ratings issued for rating periods ending before that time, employees will

receive 12 years of additional service credit for each annual rating of Fully Successful, 16

years of credit for each rating of Highly Successful, and 20 years for each rating of

Exceptional. The number of years of extra service credit for performance during RIF for

each rating of Fully Successful will be revised to conform to Part 351 Title 5, Code of

Federal Regulations, if revisions to that Part necessitate such changes. 

2. The performance rating of record at the time an employee applies for a

position under the Merit Promotion Program will be the one used in part to determine the

highly qualified candidates (see Article 11). 

3. An employee's performance will govern the decision to grant or withhold

a within grade increase when one is due. General Schedule (GS) employees must be

performing at "an acceptable level of competence." An acceptable level of competence 

equates to a rating of record at the Fully Successful summary level. Employees covered by

the Federal Wage System must perform at a "satisfactory" level as provided in 5 U.S.C.

5343(e)(2). A satisfactory rating equates to a rating of record at the Fully Successful

summary level. The most recent rating of record must agree with the decision to grant or

withhold a within grade increase. Specific information on within grade increases is

contained in DLAR 1416.9, Within Grade Increases (WGIs) and Quality Step Increases

(QSIs). 

H. Effective Dates for Ratings. The effective dates for performance ratings will

be the date each is signed by the approving official. 

I. Performance Rating Grievances 

1.Employees are expected to seek informal resolution of disagreements

with their supervisors concerning performance ratings. A grievance may be filed only

after a performance rating has been completed and communicated to the employee, If it

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is alleged that the summary rating has been incorrectly determined, this should be

reviewed and corrected, if appropriate, by management. Only allegations of incorrect

determinations of the summary ratings or ratings of individual critical elements may be

grieved; the summary rating itself may not be grieved. The summary rating will be

appropriately adjusted automatically depending upon the outcome of a grievance on one or

more critical elements. If a WGI was denied based on a Minimally Acceptable or

Unacceptable rating, and the rating is changed as a result of a grievance decision, the

WGI will be effected retroactive to the original effective date. 

2. The expected norm of performance is the Fully Successful level. When

an employee grieves one or more critical elements rated below Fully Successful, the

burden of proof that the rating(s) given is proper rests with management. 

SECTION 4. WARNING EMPLOYEES OF SERIOUS PERFORMANCE DEFICIENCIES 

A. When performance is considered by management to be at or below the Minimally

Acceptable level, the following course of action will be taken: 

1. Step 1. If performance is considered to be at the Minimally Acceptable

level in one or more critical elements, the supervisor will counsel the employee concerning

the performance deficiencies, specifically identify areas of performance below the Fully

Successful level, explain what must be done to improve, and suggest ways to make

improvements. More than one such counseling may be necessary before an employee is

able to demonstrate Fully Successful performance. 

2. Step 2. If performance is considered to be at the Unacceptable level in

one or more critical elements after counseling and assistance, a letter of warning will be

issued to the employee. The letter will state that performance is considered to be

Unacceptable, establish a period of 90 calendar days during which the employee will be

expected to attain the Fully Successful level in the deficient elements), and generally

include the following: 

a. Identification of each critical element in which performance is

considered to be Unacceptable, and description of those aspects of work that are

deficient. 

b. What performance is required to overcome the deficiencies and

what assistance will be provided by the supervisor to the employee. 

c. The personnel action (reassignment, demotion, or removal) that

may result if performance is not improved to above the Unacceptable level.

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3. The written performance plan must form the basis for the requirements

of the warning letter. During the warning period, the employee must be periodically

counseled noting where improvements have been made and where they have not. A written

record of each counseling session should be kept showing the date, nature of assistance

and advice, and how the employee is progressing. If an annual performance rating becomes

due during the warning period, the rating will be deferred until the end of the period and

the employee will be so notified. 

4. The letter of warning will be canceled and the employee informed if

during, or at the end of the warning period, performance has improved to the Fully

Successful level. If performance has improved only to the Minimally Acceptable level, the

employee may be reassigned. If not reassigned, management should continue efforts to

assist the employee to reach the Fully Successful level. In accordance with 5 U.S.C.

4302(b)(6), if performance is Unacceptable in one or more critical elements at the end of

the warning period, the employee must be either reassigned or demoted to a position

where it is considered by management that he/she could perform all critical elements at

the Fully Successful level, or must be removed from the Federal service. 

SECTION 5. REMEDIAL ACTIONS BASED ON UNACCEPTABLE PERFORMANCE 

A. An employee may be reassigned, demoted, or removed from the Federal service

because of Unacceptable performance in one or more critical job elements. A decision for

such action may only be based on instances of Unacceptable performance which occurred

within a 12-month period ending with the date of the proposed action. However, before it

is proposed to remove an employee for Unacceptable performance, consideration must be

given to the advisability of a reassignment or demotion to another position where it is

likely the employee could perform acceptably. 

B. Demotions and removals due to Unacceptable performance are actions subject

to the formal job protection procedures. When proposing to take such an action under 5

CFR 432, the following procedures will be followed: 

1. A minimum 30 calendar day advance notice must be given. 

2. A charge of "Unacceptable performance" will be used. The description of

the charge must list the critical job elements and standards of performance that were not

met. It must include the basic facts developed in following the warning period outlined in

paragraph A above. 

3. A reasonable amount of official time to prepare and present a reply to

the charge must be given and the employee so informed in the notice of proposed action.

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4. Any records or documents relied upon to support the charge will be made

available or provided to the employee or the representative for review upon request.

Information on this matter must be also provided in the notice of proposed action. 

5. Any reply made by the employee must be carefully considered. If it is

decided that the proposed action is warranted and supported, the employee will be given a

notice of decision. The decision to take the action must be made by the approving official.

The notice of decision must include information on the employee's appeal or grievance

rights, as appropriate, as well as the right of union representation. 

6. The employee will be notified in writing when it is decided to cancel the

proposed action. 

C. A performance-based action may also be taken under 5 CFR 752 when the

requirements of these regulations are followed. 

D. The procedural requirements above do not apply to the separation of employees

during their probationary period after competitive appointment. Requirements pertaining

to probationers are contained in Part 315, 5 CFR. 

SECTION 6. PERFORMANCE APPRAISAL RECORDS 

A. An Employee Performance Folder (EPF) will be established and maintained by

the CPO for all employees. Copies of performance ratings and the performance plans on

which they are based will be placed in the EPF. These records will be retained for 4 years.

Documents supporting performance ratings will be retained for not less than 1 nor more

than 4 years. The number of years these documents will be retained will be changed to

conform to Part 351, Title 5, Code of Federal Regulations, if revisions to that Part

necessitate such changes. The EPF will not be used to maintain any discipline and/or

adverse action information. 

B. Employees will be given access to their EPF. Access will also be provided to the

employee's designated representative, and other DLA officials who have a need for the

records. 

C. At the time the Official Personnel Folder (OPF) of an employee is sent to

another non-DLA agency to which the employee is transferring, the performance ratings

for the last 4 years, including the performance plan on which the most recent rating was

based, will be moved from the EPF to the left side (temporary) of the OPF. When the OPF

is transferred to the gaining agency, these performance records will accompany it. The

number of years these documents will be retained will be changed to conform to Part 351,

Title 5, Code of Federal Regulations, if revisions to that Part necessitate such changes.

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ARTICLE 15 

EMPLOYEE DISABILITY COMPENSATION 

It is acknowledged that the Office of Workers' Compensation Programs (OWCP),

U.S. Department of Labor, will administer benefits derived to employees under the

Federal Employees Compensation Act. Procedures established at the PLFA level shall

provide that: 

A, Employees are responsible for reporting all job-related injuries or reactivated

injuries and illnesses to the appropriate supervisor. 

B. When the Agency becomes aware that an employee has suffered illness or injury

in the performance of duties, the supervisor and/or the Civilian Personnel Office will 

counsel the employee in such matters as: his/her right to file for compensation benefits;

the appropriate compensation forms to be filed; the types of benefits available; the

procedure for filing claims; and the option to use compensation benefits in lieu of sick

leave. 

C.If the compensable injury is reactivated during the period ending not later than

90 days after the employee returns to duty and the Agency authorizes a medical

examination in connection therewith, the absence for such examination shall be

administratively excused and not charged to leave.

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ARTICLE 16 

HOURS OF DUTY 

SECTION 1. The administrative workweek for employees of the bargaining units is the

calendar week beginning at 12:01 a.m. Sunday and ending at 12:00 midnight the following

Saturday, 

SECTION 2. Normally, the basic workweek is 5 consecutive calendar days, Monday

through Friday, unless local circumstances require a modification, during which: 

A. Full-time employees are required to be on duty regularly 8 hours per day. 

B. Normally, basic workweeks shall be scheduled in a manner which will enable an

employee's days off to be consecutive and such days off shall include a Saturday or a

Sunday. 

C. Part-time employees are required to be on duty regularly on officially prescribed

days and hours. 

SECTION 3. Employees will normally be notified seven (7) calendar days in advance of

changes in the days and/or shift hours of their basic workweek unless the Agency

determines that such notification would seriously handicap the Agency from carrying out

its functions or it would substantially increase costs. The work schedule change will

remain in effect for at least one week, consistent with applicable laws. 

SECTION 4. When it becomes necessary to change an employee's basic workweek or

shift, the employee will be notified of the reason for the change, the expected duration,

and any applicable shift differential and/or hazard pay. 

SECTION 5. The Agency will give good faith consideration to an employee's request for

an eight (8) hour rest break between scheduled and unscheduled work assignments and the

start of the next scheduled shift. An employee who exercises his right to request an

eight (8) hour break will, if his request is granted, have the option of requesting annual

leave or leave without pay for the hours missed in his following or regular shift assignment. 

SECTION 6. Employees will receive a scheduled non-paid lunch period of 1/2 hour duration

no later than the fifth hour of work. In the case where an employee works longer than an

eight (8) hour shift, if the employee desires, he will receive a non-paid lunch period of 1/2

hour duration for every five (5) hours of continuous work. In situations where an employee

-37-
is called back to duty during his non-paid lunch period, he will either be allowed to

complete his lunch break or be appropriately compensated. 

SECTION 7. Employees who are required to perform work or to remain at their

immediate job site for work reasons during their lunch period will be paid for such time.

Employees in these types of situations will be allowed to eat on the job unless it presents a

safety hazard or there is no opportunity to eat. 

SECTION 8. When an employee is required to travel away from his duty station on

official business, government transportation will be provided. As an alternative,

supervisors may authorize employees to use their privately owned vehicle (POV) when

government transportation is not readily available and employees will be reimbursed for

mileage in accordance with Joint Travel Regulations. However, no employee will be

required to use his personal vehicle for the performance of his duties. 

SECTION 9. Obtaining and returning government and personal tools, equipment, and

materials from places of issue and designated storage areas; moving such tools, equipment

and materials from such places or from one work location to another; or donning and

removal of any government provided clothing and equipment shall be done on government

time during shift hours. 

SECTION 10. All bargaining unit employees will be given one fifteen (15) minute rest

period during the first portion of their respective work shift, and one fifteen (15) minute

rest period during the last portion of their work shift. However, employees working no

more than (5) hours per day shall receive only one fifteen (15) minute rest period. Rest

periods will not be utilized to extend lunch periods nor to begin work late or to leave work

early. This is a matter of supervisory responsibility and control. 

SECTION 11. Prior to any scheduled lunch period and/or prior to the end of the shift,

employees may, at the discretion of their supervisor, be allowed a reasonable amount of

personal cleanup time. 

SECTION 12. Selection of employees for reassignment from one workweek schedule to

another shall be accomplished in the following manner: 

A. Selection first shall be made from among those qualified employees who

volunteer for reassignment, beginning with the employee with the greatest seniority.

Subsequent reassignments shall be made in the descending order of such seniority. 

B. Employees shall indicate their desire to volunteer by notifying their immediate

supervisor

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C. If sufficient qualified volunteers are not available to meet the needs of the

work situation, other employees will be assigned beginning with the qualified employee with

the least seniority in the required position. Subsequent assignments shall be made in the

ascending order of seniority. 

D. Qualified employees who can substantiate compelling reasons for reassignment

may be reassigned without regard to the provisions of a. and c. above. 

SECTION 13. Time spent on standby duty or in an on-call situation (5 CFR 551.431) 

A. An employee will be considered on duty and time spent on standby duty shall be

considered hours of work if: 

1. The employee is restricted to an agency's premises, or so close thereto

that the employee cannot use the time effectively for his or her own purposes; or 

2. The employee, although not restricted to the agency's premises: 

a. Is restricted to his or her living quarters or designated post of

duty; 

b. Has his or her activities substantially limited; and 

c. Is required to remain in a state of readiness to perform work

B. An employee will be considered off duty and time spent in an on-call status shall

not be considered hours of work if: 

1. The employee is allowed to leave a telephone number or to carry an

electronic device for the purpose of being contacted, even though the employee is

required to remain within a reasonable call-back radius; or 

2. The employee is allowed to make arrangements such that work which may

arise during the on-call period will be performed by another person.

-39-
ARTICLE 17 

OVERTIME ASSIGNMENTS 

SECTION 1. Overtime work is defined as such work that is in excess of eight (8) hours

per day or in excess of forty (40) hours per administrative workweek. 

A. Non-exempt FLSA employees will be compensated for all overtime work which is 

suffered or permitted, except that compensatory times may be granted when requested

by an employee as authorized by regulations. 

B. Exempt FLSA employees may be granted compensatory time off in lieu of

overtime pay in accordance with applicable regulations. 

C. Overtime will be computed in increments of fifteen (15) minutes. 

SECTION 2. The assignment of overtime work is a function of management. Supervisors

shall assign overtime work to employees as efficiently and expeditiously as practicable,

distributing such assignments as fairly and equitably as feasible among qualified employees

in accordance with their particular skills and the need for overtime work. 

SECTION 3. Employees receiving overtime assignments, particularly to

emergency/service and jobs in critical facilities, are expected to accept and regard such

assignments, unless excused, as a continuance of the same responsibilities and obligations

that apply to their basic employment, putting, when necessary, such assignments above

their personal convenience. Employees absent from duty as a result of a disciplinary action

shall not be assigned overtime for the duration of the suspension. Employees absent from

work due to illness or injury shall not be required to work overtime assignments for the

duration of the illness or injury. Employees on annual leave, taken at their own request,

should not be recalled to work overtime assignments except due to emergency situations

or workload requirements. Employees shall be required to provide information as to how

and where they can be contacted should a call for their services become necessary. 

SECTION 4. Employees assigned to overtime work will be given as much advance notice

possible for such assignment. Upon reasonable and timely request, the appropriate

supervisor will normally relieve an employee of an overtime assignment, provided another

qualified employee is available and has expressed his desire to the supervisor regarding his

willingness to work, 

SECTION 5. "Call-back overtime" is defined as irregular or occasional overtime work

performed by an employee for which he is required to return to the place of employment

-40-
to perform the work, Employees shall be provided advance notice to the maximum extent

possible, of the requirement to perform call-back overtime work. At least 2 hours

overtime pay is guaranteed for call-back overtime work. If an employee called back to

work is so tardy in arriving at work that there is no need for his services, he shall not be

eligible for "call-back" minimum pay. 

SECTION 6. Necessary and pertinent information concerning overtime hours worked will

be provided, to employees and/or Union to aid in resolving specific complaints concerning

overtime distribution. It is recognized that fairness in overtime distribution cannot be

determined solely on the basis of comparative hours worked and that other pertinent

information must also be considered. 

OVERTIME FOR WAGE GRADE EMPLOYEES: 

SECTION 7. Overtime assignments will be distributed fairly and as equitable as possible

among qualified employees, by individual and/or group assignments, on a continuing basis in

accordance with the following provisions: 

A. Overtime work assigned as a continuance of a particular job should be given to

employees working on such a job, starting with the employees with the lowest total

overtime to his credit. If more employees are needed than are currently on the job, the

supervisor will assign such work to other qualified employees beginning with the employee

with the lowest total overtime to his credit. 

B. Overtime assignments to a job not previously worked during regular shift hours

shall be given to qualified employees beginning with the employee with the lowest total

overtime to his credit. 

C. If an employee requests to be excused from an overtime assignment for

compelling reasons, the employee should be excused from such assignments, providing

another qualified employee is available to perform the work, 

D. In no case should a supervisor assign overtime as an award or as a penalty,

except when an employee who has been deprived of a turn by mistake, or has been awarded

through a grievance decision granting priority consideration of an overtime assignment as

redress, may be assigned even though his total overtime is higher than another employee, 

E. It is understood that provision of this SECTION do not apply to emergency

situations when overtime is authorized by the Commander after duty hours, weekends and

holidays.

-41-
F. If an employee is relieved of an overtime assignment at his request or if the

employee is not available due to a disciplinary action, the hours of overtime declined or

missed will be considered overtime hours to his credit for the purpose of determining the

equity of overtime distribution. 

G. A record of all overtime assignments will be maintained on a continuing basis for

each employee and will be available for review upon request to the supervisor. The record

shall show the total overtime status of each employee and shall consist of the number of

excused and unexcused absences, These factors shall be used to determine eligibility for

overtime assignments consistent with the terms of this Agreement.

-42-
ARTICLE 18 

EXTENDED LEAVE AND EXCUSED ABSENCES 

SECTION 1. Subject to workload considerations and the need for the employee’s

services, requests for leave of absence without pay (LWOP) will be considered on their

individual merit and shall not exceed a period of one (1) year for each application. In

considering the merit of each request, the following factors should be compelling; 

A. improved performance capability, 

B. protection or improvement of employee's health, and 

C.retention of a desirable employee. 

SECTION 2. When an employee in the bargaining unit has been elected or appointed to a

Union office or as a delegate to any Union activity requiring a leave of absence, such

employee may be granted annual leave and/or LWOP consistent with regulations and

workload requirements. 

SECTION 3. Employees who are absent on extended LWOP shall accrue all rights and

privileges accorded by regulations. 

SECTION 4. Subject to workload considerations and the need for the employee's

services, excused absences may be granted for varying periods under the following

circumstances in accordance with applicable regulations; 

A. Voting and registration - With the exception of those instances when the polls

are open for 2 hours before or after the employee's scheduled tour of duty an employee

who desires to vote shall be authorized administrative leave for that purpose, 

B. Blood donations - Provided that it is approved in advance, employees shall be

granted administrative leave not to exceed 4 contiguous hours in a workday for the

purposes of making blood donations and recuperating from donating blood, 

C. for brief periods of tardiness, 

D. for tests, interviews and physical examinations as prescribed by the merit

promotion regulations (DLAR/DDCI 1404.4),

-43-
E. for attendance at a funeral of an immediate family member in the service, who

died while in a combat zone. 

SECTION 5. Employees who are veterans may be granted administrative leave not to

exceed 4 contiguous hours in any workday to enable them to participate as active

pallbearers or as members of firing squads or guards of honor in funeral ceremonies for

members of the Armed Forces of the United States whose remains are returned from

abroad for final interment in the United States,subject to applicable law and regulation. 

SECTION 6. INCLEMENT WEATHER OR EMERGENCY CONDITIONS. 

A. When it becomes necessary to close any duty station because of inclement

weather or any other emergency condition as determined by the Commander: 

1. Notification procedures shall be established in accordance with the

circumstance attendant to each local situation. When those procedures provide for public

media announcement and when any employee has reasonably relied on a public media

announcement that his/her duty station or that all Federal offices in his/her area are

closed due to weather or other conditions, he/she will not be considered AWOL or

charged leave if, in fact, the duty station remains open and the employee, relying on the

announcement, is unaware that it is open. 

2, Workdays in which Federal offices are closed are non-workdays for leave

purposes. Regular employees are excused without charge to leave or loss of pay; this does

not apply to employees in a non-pay status on the days immediately before and after the

day the office is closed. 

B. When it becomes necessary to close any duty station because of inclement

weather or any. other emergency condition developing during working hours, whether an

employee should or should not be charged leave for an absence depends upon his or her

duty or leave status at the time of dismissal: 

1. If the employee was on active duty and was excused, there is no charge

to leave for the remaining hours of the work shift following excusal. 

2. If the employee was on duty and departed on leave after official word

was received but before the time set for dismissal, leave is charged only for the time the

employee departed until the time set for dismissal. 

3. If the employee was scheduled to report for duty after a leave period

and dismissal is given before the employee can report, leave is charged until the time set

for dismissal.

-44-
4. If the employee was absent on approved leave for the entire work-shift,

the entire absence is charged to appropriate leave (e.g., annual, sick, or LWOP, as

applicable). 

C. When a duty station or an assigned site away from the duty station is open, but

inclement weather or other emergency conditions affecting travel to the duty station, or

an assigned site away from the duty station, prevents an employee from getting to work on

time or not at all, the employee may be granted administrative leave on a case-by-case

basis, provided that the employee presents to the supervisor a reasonably acceptable

explanation and/or documentation related to the emergency. 

D. When an employee is officially authorized to use his/her POV for the

convenience of the Government and that vehicle breaks down or is otherwise inoperative,

the employee shall be in a duty status in connection with emergency repairs to the vehicle

at the immediate time if the breakdown occurs while the employee is in an official travel

status. In such situations, the employee will, as soon as practicable (within an hour, if

possible), provide the supervisor with an estimate of the situation and obtain appropriate

instructions.

-45-
ARTICLE 19 

HOLIDAYS 

SECTION 1. Federal holidays will be observed as non-workdays to the extent

practicable, consistent with workload and manpower requirements as determined by the

Agency. 

SECTION 2. The following are Federal holidays: 

New Year’s Day

Martin Luther King Jr.'s birthday

Presidents' Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans' Day

Thanksgiving Day

Christmas Day 

January 1st 

3rd Monday in January 

3rd Monday in February

last Monday in May 

July 4th 

1st Monday in September 

2nd Monday in October 

November 11th 

4th Thursday of November

December 25th

Any other day designated as a holiday by Federal statute or Executive Order. 

SECTION 3. Keeping in mind the administrative work week begins on Sunday (0001

hours) and ends on Saturday (2400 hours), holiday leave will be determined in accordance

with 5 CFR 610.202, as follows; 

A. If the holiday falls on a scheduled workday, employees will observe that day as

their holiday, 

B. When a holiday falls on the first non workday of the administrative work week

(for most employees that is Sunday), the employee observes the holiday on the NEXT

SCHEDULED workday, and 

C. When a holiday falls on any other non workday of the administrative work week, j 

the employee observes the holiday on the PRECEDING SCHEDULED workday.

-46-
ARTICLE 20 

ANNUAL LEAVE 

SECTION 1. Employees shall earn and accumulate annual leave in accordance with

applicable laws and regulations. Annual leave will be granted to employees at the discretion

of the Agency based on the employee's request and management's consideration of mission

requirements (e.g. workload, staffing, and training), and normally will not be denied when

he may otherwise lose leave because of maximum accumulation or forfeiture rules. 

SECTION 2. Annual leave schedules covering each employee's tentatively planned leave

for vacation purposes during the leave year will be prepared by supervisors at the

beginning of each leave year to the extent practicable. Each January, employees will

submit an annual leave plan for periods of 1 week or more and these scheduled choices

should not be changed thereafter, except for bona fide reasons. Conflicts in requested

leave dates will be resolved by granting requested dates on a rotation basis from year to

year beginning initially with the employees in the order of their seniority in their current

position under the assigning supervisor. Vacation schedules once approved should not be

changed or cancelled by the Agency except in the event of emergencies or workload

requirements. 

Employee requests for leave for periods of other than the above shall be granted

whenever possible, consistent with workload requirements. When conflicts in requests

arise, or when it becomes necessary to restrict use of leave, requests will be granted on a

first come/first serve basis in accordance with Agency operating needs and the. necessity

for having certain skills available. 

SECTION 3. Requests for occasional, unscheduled leave shall be submitted at least 24

hours in advance. The supervisor will advise the employee as promptly as possible whether

leave is approved or not, and explain any denials. If the employee's request is for a day or

days for which more requests have been received than can be approved consistent with

work requirements, approval will be granted on the basis of the earliest requests received.

Where the basis for the request for unscheduled leave could not have been foreseen 24

hours in advance, the employee will make the request no later than fifteen (15) minutes

after the start of his shift. 

SECTION 4. If the Agency cannot avoid canceling previously scheduled leave because of

workload or emergency requirements, or when unscheduled leave is denied, the reason for

such action will be explained to the affected employee at the earliest possible time, and
every effort will be made to reschedule or approve leave for the employee at another time

most nearly suited to his preference. 

SECTION 5. Annual leave for emergency purposes may be requested when unforeseen

circumstances prevent the request and approval of leave in advance and will be considered

subject to workload requirements and the need for the employee's services as stated in

Section 1. through 4. above, Should an occasion arise which prevents an employee from

reporting to work, the employee may request leave by telephone or other means. Such

requests shall be made as soon as possible but, where not possible, not later than two (2)

hours after the start of the employee's regular shift. In making such requests, the

employee will provide information concerning the basis for the expected duration of his

absence. If the person receiving the request is someone other than the employee's

immediate supervisor, the employee will also provide information as to how he may be

contacted if the supervisor desires to do so. All such information received will be relayed

to the supervisor (or designee). It is understood that call-in requests for leave will not

normally be approved in cases where there is considered to be insufficient justification

for the absence such that leave could have been requested in advance. 

SECTION 6. Care will be exercised by supervisors to prevent any forfeiture of annual

leave because of maximum carry over restrictions. To avoid forfeiture of annual leave,

employees will be reminded to have all use or loss leave scheduled and approved no later

than the beginning of the third pay period from the end of the leave year. 

SECTION 7. In case of interrupted or suspended operations due to equipment

breakdown, power failure, lack of material, transportation strikes, storms, floods or other

unforeseeable circumstances, the following applies to employees who cannot be assigned

other work; 

A. Employees will be required to use leave when 24 hours advance notice can be

given, 

B. If 24 hours advance notice cannot be given, but notice can be given before the

end of an employee's shift, immediately preceding the one in which they are to be placed

on leave, employees may, not to exceed 5 days in the leave year, be required to use annual

leave, 

C. If neither situation identified in A. and B. above exists, employees may be

administratively excused with pay for a period not to exceed 8 hours, provided 24 hours

advance notice is given.

-48-
ARTICLE 21 

SICK LEAVE 

SECTION 1. Employees will accrue sick leave in accordance with statute and appropriate

regulations. Sick leave is an employee benefit to be used by an employee for absence

required by illness, injury, medical appointments, pregnancy and confinement, or to give

care and attendance to a member(s) of his/her immediate family who is ill with a

contagious disease and, when through exposure to it, the presence of the employee at

work would jeopardize the health of others. The insurance and retirement values of sick

leave are jointly recognized and employees will be encouraged to conserve leave so they

may receive full pay during a prolonged absence due to illness or injury. The Agency may

also grant sick leave in accordance with the provisions of the Family Friendly Leave Act. 

SECTION 2. An employee who is unable to report to work due to incapacitation due to

illness or injury or for other unexpected reasons for which sick leave may be granted is

responsible for seeing that notification is given to the immediate supervisor or designee

normally, but no later than, 15 minutes after the start of the shift on the first day of the

absence. The Agency recognizes there may be circumstances that preclude strict

compliance with this requirement, and therefore agrees to consider an explanation from

the employee when adequate notification has not been provided. When the dispensary

recommends an employee should be sent home on sick leave, the employee must notify a

supervisor before leaving for the day. Further, the employee must call in the next

workday to request sick leave, if necessary. Anytime an employee calls in for unscheduled

sick leave, the employee must advise his supervisor of the date he is estimated to return

to duty, If the employee's incapacitation exceeds that date, the employee must contact

his supervisor and request additional sick leave. Sick leave will not be automatically

authorized without being requested. 

SECTION 3. Employees seeking medical, dental, or optical examinations or treatment

shall make every effort to schedule such appointments after working hours or on nonworkdays. Where this is impractical, requests for sick leave to cover such examinations or

treatment, on other than an emergency basis, shall be submitted for approval as far in

advance as possible, and shall specify the date and time of the appointment. 

SECTION 4. Employees shall not normally be requested to furnish a medical certificate

to substantiate a request for sick leave unless the absence exceeds 3 consecutive

workdays. In individual cases where the Agency has reason to believe that an employee is

abusing/misusing sick leave, the employee may be required to provide acceptable medical

documentation (5 CFR 339.104) to substantiate each request for sick leave due to claimed

-49-
illness, regardless of duration. In such cases, the Agency will first advise the employee of

the questionable sick leave record and will inform the employee of the reason(s) for the

evaluation. During this meeting the employee may be represented by the Union. The

employee's sick leave record upon which this evaluation is based will be made available to

the employee during the meeting. At this time the employee will be advised to submit

acceptable medical certification to substantiate all future requests for unscheduled sick

leave due to illness. Written notice of this requirement shall, as a minimum, inform the

employee of the starting date of the requirement and any provisions for review of the

notice and shall explain fully the reasons for believing the employee in abusing/misusing

sick leave. It is agreed that these notices shall not be based on absences lasting more

than 3 workdays were medical documentation has been provided. These notices will not be

made a part of the employee's permanent record. This requirement will be reviewed with

the employee every 6 months and will be rescinded in writing at such time as sustained

improvement in the employee's sick leave record warrants. 

SECTION 5. Unearned sick leave may be advanced in an amount not exceeding 240 hours

when there is reasonable expectation that an employee will return to duty in cases of

serious illness or disability. The employee shall submit a written request, to include a

doctor's certificate identifying a return date, to his supervisor for consideration. Sick

leave may be advanced when an employee's accumulated sick leave and any annual leave that

would be forfeited is exhausted and there is reasonable assurance the employee will

return to duty. Sick leave may be advanced to cover absences involving maternity leave.

After sick leave has been advanced and the total number of hours advanced is not

warranted, payment under the grant of advanced sick leave will cease. 

Employees under a temporary or limited appointment may not be advanced sick leave in

excess of the amount of hours they would otherwise accrue during the term of their

appointment. 

SECTION 6. In accordance with OWCP rules and regulations, when an employee is

injured on the job he may elect to have any related absences charged to sick and/or annual

leave. He may also request advanced sick leave. If requested in advance by the employee,

an absence that would otherwise be chargeable to sick leave shall be charged to annual

leave provided that the employee has sufficient annual leave available.

-so-
ARTICLE 22 

FAMILY MEDICAL LEAVE ACT (FMLA) 

The Agency will administer the FMLA in accordance with applicable laws and

regulations. Some of the entitlements are as follows; 

A. Eligible employees are entitled to 12 weeks of unpaid leave for the birth,

adoption or foster placement of an employee's child; to care for a spouse, parent, son or

daughter with serious health conditions, or where because of serious health condition the

employee is unable to perform the functions of his position, 

B. Whenever an employee's leave is foreseeable, the employee must notify his

supervisor at least 30 days before the leave is anticipated to begin. If however, the

nature of the leave requires that it begin in less than 30 days, the employee must notify

his supervisor as soon as practicable. 

C. An employee shall continue to be covered by applicable group health plan during

the covered leave. 

D. Except as otherwise permitted by the FMLA, following a leave of absence

granted pursuant to the Act, an employee shall be returned to the same position or to an

equivalent position with equivalent pay and benefits. 

E. Employees may elect to substitute accrued annual leave or sick leave for Leave

Without Pay consistent with current laws and regulations for any or all parts of the 12

week entitlement.

-51-
ARTICLE 23 

COURT LEAVE 

In accordance with applicable regulations, an employee will be authorized absence

from work status without charge to leave or loss of pay, to which the employee is

otherwise entitled, when the employee serves as a witness or as a juror in connection with

a judicial proceeding on behalf of the Federal, State or Local Government. 

If an employee normally works a swing or night shift, he can request to have his

tour of duty temporarily changed while on court leave. Supervisors will give reasonable

consideration to such requests.

-52-
ARTICLE 24 

REASSIGNMENTS AND DETAILS 

SECTION 1. GENERAL 

A "reassignment" is defined as any change of an employee from one position to

another without demotion or promotion within the Agency, 

B. A "detail" is the temporary assignment of an employee without change of Civil

Service status or pay to a different position, other than his/her official position, for a

specified period of time, with the employee returning to his/her regular duties at the end

of the detail. 

C. Normally; an employee and the Union will be advised at least 15 calendar days

prior to an Agency directed reassignment or 7 calendar days prior to a detail that is

expected to last more than 30 calendar days. 

SECTION 2. REASSIGNMENTS 

A. The Agency shall consider temporarily assigning an employee who is temporarily

disabled from performing the full range of duties of his/her position to duties which the

employee is qualified and capable of performing. 

B.The Agency will ensure that the needs of physically handicapped employees are

considered in reassignment actions. 

C. Selection for reassignment will be from among qualified employees based on

mission requirements. Management will solicit volunteers and selections will be made based

on seniority. If an insufficient number of employees volunteer, reassignments will be made

based on inverse seniority. 

SECTION 3. DETAILS 

A. Details are a way of broadening experience and demonstrating ability to

perform at a higher level. Details will be based on mission requirements. Handicapped

employees serving under excepted appointments may be considered for details. 

B. An official record shall be made by the Agency of any detail over 30 days. For

any detail over 30 days, the Agency shall file a copy of the SF 52 or SF 50, including a

written statement of duties and responsibilities, as a permanent part of the employee's
Official Personnel Folder (OPF). A copy of the SF 52 or SF 50, will be furnished to the

employee. 

C. An employee, upon request, may have a detail of less than 30 days made a matter

of record in his/her OPF. 

D. Selection for details will be from among qualified employees based on mission

requirements. Management will solicit volunteers and selections will be made based on

seniority. If an insufficient number of employees volunteer, details will be made based on

inverse seniority. When detailed, the supervisor will discuss the duties and the expected

duration for the detail with the employee. 

E. Details will be used judiciously and will be terminated as soon as the need for

the detail no longer exists. 

F. When an employee is to be detailed to a higher graded position for more than 30

calendar days, he/she shall be temporarily promoted, if qualified. 

SECTION 4. During a detail to a lower-graded position, the employee continues to occupy

his position of record and to be paid at his regular hourly rate or salary.

-54-
ARTICLE 25 

REORGANIZATION 

SECTION 1. DEFINITION OF REORGANIZATION "Reorganization" is defined as the

planned elimination, addition or redistribution of significant functions or duties in an

organization and/or organizational unit. 

SECTION 2. PROCEDURES When a reorganization is the cause of a personnel action

involving separation, furlough for more than 30 calendar days, change to lower grade, or

reassignment involving displacement, reduction-in-force procedures must be followed.

When the Agency uses 5 CFR Part 351 procedures it must follow them in all respects.

Some situations which may require the use of reduction-in-force procedures are: 

A. When management deliberately changes duties assigned to an employee; 

B. When the activity has formally announced a reduction in force in the employee's

competitive area and a reclassification of an employee's position due to erosion of duties

will take effect within 180 days. 

C. When there is an assignment to an occupied position in a different competitive

level, which involves bumping or retreating. 

SECTION 3. SUCCESSOR POSITIONS When a position in an organization is abolished

as a result of a reorganization and an identical position is to be established at the same

grade within 30 days in a new organization within the DDPH, the incumbent of the old

position will be accorded priority consideration for assignment to the newly established

position, unless this would conflict with the assignment rights of another employee. The

foregoing is subject to management's discretion to decide to fill the newly established

position and to the incumbent of the old position being qualified for the newly established

position. 

SECTION 4. NOTIFICATION OF REORGANIZATION The Agency shall provide the

Union with not less than 30 calendar days notice prior to effecting reassignment actions

resulting from the reorganization in order to afford the Union an opportunity to request

negotiations concerning the impact and procedures for the implementation of the

reorganization. If a reorganization requires the application of adverse action, reductionin-force, or transfer of function procedures, the notice period specified in the

appropriate Article shall apply.

-55-
ARTICLE 26 

REDUCTION IN FORCE 

SECTION 1. As soon as it is known by the Agency that a reduction in force action

affecting employees in the bargaining units is required, the Union will be so notified and

informed of the reasons for such action. Prior to the issuance of official notices to the

employees involved in reduction in force action, the Union will be notified of the number of

employees and competitive levels to be affected, and the date action is to be taken. 

SECTION 2. To minimize the impact of any reduction in force, an out-placement program

will be activated to determine placement opportunities and locate existing vacancies at

other Dot) activities and government agencies on Oahu to which qualified employees not

placed will be referred. 

SECTION 3. The placement rights of employees affected by reduction in force will be

administered in accordance with applicable regulations. The competitive area for any

reduction in force at DDPH will continue to be activity wide. 

SECTION 4. Career and career-conditional employees who are separated by reduction in

force will be placed on the Reemployment Priority List. Such employees will be assisted by

the Agency in applying for entry into the OPM Displaced Employee Program for priority

referrals to other governmental agencies on the Island. Acceptance of a temporary

position by an employee on the Reemployment Priority List or in the Displaced Employee

Program will not affect his status on the lists or his eligibility for reemployment into a

permanent position. 

SECTION 5. An employee's entitlement to grade/pay retention when he is changed to

lower grade or to severance pay when he is separated shall be determined by the

employee's eligibility for the benefit. Such entitlement will be administered in accordance

with applicable regulations. 

SECTION 6. Each employee will receive retention credit in accordance with the

provisions of 5 CFR 351.504. 

SECTION 7. Upon request of the Union, the Agency will provide a presentation on

reduction in force procedures to Union stewards and representatives. Such request may

be made preliminary to the implementation of an announced reduction in force or when the

Union has several new stewards who need to be familiar with reduction in force

procedures,

-56-
ARTICLE 27 

CONTRACTING OUT 

SECTION 1. 

A. The Agency will notify the Union at the time a study is initiated to contract out

work which is presently being performed by members of the bargaining unit. 

B, The Agency will provide to the Union such information concerning the

contracting out study as requested by the Union so long as the information is not

restricted by law or other prohibitive measures. 

SECTION 2. NEGOTIATIONS CONCERNING ADVERSE IMPACT OF CONTRACTING

OUT 

Upon award of a contract that will adversely affect members of the bargaining unit,

the Agency will notify the Union. The Union may, within 15 calendar days, request

negotiation with the Agency in accordance with 5 U.S.C. §§ 7106(b)(1), (2), (3) of the Civil

Service Reform Act.

-57-
ARTICLE 28 

ADMINISTRATION OF DISCIPLINE 

SECTION 1. Disciplinary action shall be taken in accordance with DLAR 1406.1,

Maintaining Discipline, only for just cause, and the penalty imposed will be the minimum in

the judgement of the disciplining official, that can be reasonably be expected to correct

the affected employee and maintain discipline and morale among other employees. 

SECTION 2. PROCEDURES FOR ORAL ADMONISHMENTS Being the least

disciplinary measure, oral admonishments will normally be a matter between the employee

and his/her supervisor. Within a reasonable time after discovering an infraction believed

to warrant an admonishment, the supervisor will discuss the matter and any necessary

corrective action with the employee. The incident and necessary correction will be

recorded by the supervisor and the employee will be so advised. Information concerning

oral admonishments will not remain in the employee's file for more than 12 months. Oral

admonishments will be reviewed with the employee after 3 months and if improvement is

noted, the record shall be removed from the file and destroyed. 

SECTION 3. PROCEDURES FOR REPRIMANDS AND SUSPENSIONS OF 14

CALENDAR DAYS OR LESS 

A. When the Agency reprimands an employee or proposes to suspend an employee

for 14 calendar days or less, the following procedures will apply: 

1. In cases of suspensions of 14 calendar days or less, the Agency will give

the employee at least 20 calendar days written notice of the proposed action. 

2. Notices will state the nature and specific reason(s) for the action. 

3. In cases of proposed suspensions of 14 calendar days or less, the Agency

will give the employee at least 15 calendar days to respond orally and/or in writing and to

furnish materials to support the reply. 

4. Notices of proposed suspension will inform the employee of his/her right

to consult with a member of the servicing Civilian Personnel Office staff regarding

procedural adequacy of the proposed action and of the employee's right to reply. 

5. Notices of proposed suspensions will inform the employee of his/her

right to representation,

-58-
6. Notices of proposed suspensions will inform the employee that any

request for extension of time to reply must be submitted in writing prior to the expiration

of the time period that he/she was given to reply, 

7, The employee will be advised where this material relied upon to support

the action can be reviewed. Any material/evidence which is not disclosable to an employee

may not be used in support of an action against the employee. 

8. If a timely request for information is submitted by the employee or

his/her representative, the reply period will be extended for five (5) calendar days from

receipt of the information. 

B. After the time for the employee’s reply has elapsed, the Agency will issue a

written final decision to the employee. The decision notice will: 

1. Indicate whether the proposed action will be effected, modified,

withdrawn, or held in abeyance. In no case will the action taken be more severe than that

proposed in the advance notice. 

2. State the findings with respect to each reason(s) stated in the notice of

proposed action. 

3. Letters of Reprimand and decisions to suspend will inform the employee

of his/her grievance rights in accordance with Section 6 of this Article. 

C. Letters of reprimand will be placed in the employee's Official Personnel Folder

for not more than 12 months unless the employee receives another disciplinary or adverse

action for another offense within the 12 month period. If this occurs it will serve to

extend the retention of the former reprimands for another 12 months. In no case,

however, will a reprimand remain in an employee's Official Personnel Folder for more than

24 months. 

SECTION 4. PROCEDURES FOR REMOVAL, SUSPENSION FOR MORE THAN 14

CALENDAR DAYS, AND REDUCTION IN GRADE AND OR PAY 

A. All of the procedural requirements in Section 3 A and B apply except that the

advance period will be not less than 30 calendar days, and the employee will be given at

least 20 calendar days to respond orally and/or in writing and furnish materials in support

of the reply to the proposed action. The response may include written statements of

persons having relevant information and/or other supportive documents.

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B. The 30 calendar day advance written notice period is not required for a removal

or an indefinite suspension when there is a reasonable cause to believe the employee has

committed a crime for which a sentence of imprisonment may be imposed, In such cases,

the advance notice period will be not less than 10 calendar days and the reply period will be

not less than 7 calendar days. When circumstances require, the employee may be placed in

a non-duty status with pay not to exceed 10 calendar days during the notice period. Such

actions under this provision are taken pursuant to 5 U.S.C. § 7513(b). 

SECTION 5. LETTER OF WARNING AND INSTRUCTION 

A. A letter of warning and instruction is not a disciplinary action, but may be used

to clarify procedure, issue specific instruction, or certain requirements in an attempt to

correct a deficiency in conduct before a disciplinary action becomes necessary. 

B. When the Agency issues such a letter, it will fully explain what is required of

the employee to correct the noted deficiency. The letter will not be placed in the Official

Personnel Folder. A copy will be filed in the employee's file and the employee so notified.

Information concerning the letter of warning shall not remain in the employee's file for

more than 12 months. At anytime after the issuance of the letter, the employee's conduct

will be reviewed to determine whether there has been sufficient improvement to warrant

destruction of the letter. 

SECTION 6. All disciplinary actions and grievance/appeals shall conform to procedures

set forth in applicable laws and regulations and this Agreement.

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ARTICLE 29 

GRIEVANCE PROCEDURES 

SECTION 1. The purpose of this Article is to provide a mutually acceptable method for

prompt and equitable settlement of grievances between the parties to this Agreement,

Both parties agree to attempt to resolve grievances at the lowest possible level. 

SECTION 2. COVERAGE AND SCOPE 

A. Employee(s) Grievance. A grievance by a bargaining unit employee(s) is a request

for personal relief in any matter of concern or dissatisfaction to the employee or group of

employees concerning the interpretation, application and/or violation of this Agreement or

the supplement under which the employee(s) is covered, or the interpretation or

application of any law, rule or regulation with respect to personnel policies, practices and

any other matters affecting conditions of employment, 

B.Union or Agency Grievance. A grievance by the Union or the Agency is a request

for relief over the local interpretation or application of this Agreement or its local

supplement covering the two parties, or the local interpretation or application of Agency

regulations covering personnel policies and practices and other matters affecting

conditions of employment. Such grievances will begin at Step 3 of the procedure. 

SECTION 3. MATTERS EXCLUDED 

Excluded from the grievance procedure are: 

A. Any claimed violation of Subchapter III of Chapter 73 of Title 5, U. S. C.

(relating to prohibited political activities). 

B. Retirement, life insurance or health insurance. 

C. A suspension or removal under SECTION 7532 of Title 5 U.S.C. (related to

national security). 

D. Any examination, certification or appointment. 

E. The classification of any position which does not result in the reduction in grade

or pay of an employee.

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F. Nonselection for promotion from a group of properly ranked or certified

candidates. This does not apply to the right to grieve over improper procedures used

during the selection process. 

G. Termination of temporary promotion. . 

H. Termination while serving under a time limited appointment. 

I. Nonadoption of a suggestion. 

J. Preliminary notice of a proposed action which, if effected, would be covered by

this Article or excluded by A through E above. 

K. Disapproval of honorary or discretionary awards. 

L. The reassignment or demotion of an employee to a non-supervisory position

during the probationary period served by new supervisors. 

SECTION 4. APPEAL OR GRIEVANCE OPTION An employee alleging discrimination or

affected by a removal or reduction in grade based on unacceptable performance, or an

adverse action, may at his/her option raise the matter under the appropriate statutory

appellate procedure or under the provisions of this Article, but not both. For the purpose

of this Section and pursuant to 5 U.S.C. §§ 7121(d) and (e)(1), an employee shall be deemed

to have exercised his/her option under this Section at such time as the employee timely

files a notice of appeal under the applicable appellate procedure or timely files a grievance

in writing in accordance with the provisions of this Article, whichever event occurs first. 

SECTION 5. EXCLUSIVE PROCEDURE 

A, This is the exclusive procedure available to bargaining unit employees for the

resolution of grievances. 

B. The Union has the right to act in its behalf or on the behalf of any employees to

present and process grievances. 

SECTION 6. REPRESENTATION 

A. An employee who files a grievance under this procedure may only be

represented by his/her exclusive representative. The provisions of Article 1, Section 3

apply as appropriate.

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B. An employee or group of employees utilizing this procedure without Union

representation. A decision of self-representation shall be submitted in writing to the

Union and management by the grievant(s) and made in accordance with the procedures,

time limits, and provisions of this Article, except that the employee is not entitled to any

representation (e.g., lawyer, another employee, etc.) at the various steps, nor is he entitled

to arbitration. The Agency may adjust such grievances so long as the adjustment is not

inconsistent with the terms of this Agreement. A Union representative shall be notified

and given the opportunity to be present at all steps of the grievance procedure. Inasmuch

as the employee without representation is not entitled to arbitration, the decision

rendered at Step 3 of the grievance procedure shall be final. 

SECTION 7. GRIEVANCE PROCEDURE 

A. The following procedure shall be adhered to in cases of grievances filed by an

employee, in behalf of an employee, or by the Union (Union grievance). Time frames may be

extended by mutual agreement to assure the grievance is presented to the lowest level

management official with authority to render a decision. Employee grievances concerning

formal disciplinary or adverse actions, or removal based upon unacceptable performance

grievable under this Article will begin at Step 3. In these cases, the time limit for filing

the grievance will be 5 workdays after receipt of the notice of decision. 

Step 1. The grievance shall first be presented in writing by the grievant(s)

and/or the Union representative to the immediate supervisor. The grievance must be

initiated within 15 calendar days from the date the grievant(s) became aware of the act or

occurrence that gave rise to the grievance. A written decision will be given to the grievant

within 7 calendar days after presentation of the grievance. 

Step 2. If the matter is not satisfactorily settled at Step 1, the grievant

may, within 15 calendar days, submit the complaint, to the next level of

supervision/management. The supervisor/manager will meet with the grievants and/or the

Union representative within 7 calendar days. The grievant(s) will be provided with a

written answer within 7 calendar days following the meeting. 

Step 3. If the matter is still not resolved after receipt of the Step 2

response, the grievance may be presented within 15 calendar days by the aggrieved or

his/her representative in writing, to the DDPH Commander, or his designee. The

Commander, or his designee, will issue a written decision within 20 calendar days after

receipt of the formal grievance. Such decision will be the final Agency decision for

purpose of these procedures.

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B. If the Agency or the Union is not satisfied with the decision on the grievance,

either party may request that the grievance be advanced to arbitration in accordance with

Article 30 of this Agreement. Such request must be made within 15 calendar days after

receipt of the Step 3 decision. 

C. A declaration that a complaint is nongrievable or non-arbitrable will serve to

amend the grievance to include this issue and made a matter of record. Disputes of

grievability or arbitrability shall be the initial issue considered by the arbitrator as a

threshold issue prior to consideration of the grievance submitted for arbitration. 

D. Written grievances must be signed by the grievant(s) and/or the designated

representative, and must include the following data: 

1. The aggrieved employee(s)' name, position title, grade, and organization. 

2. A description of the basis for the grievance including, where appropriate,

facts such as times, dates, names, and similar pertinent data. 

3. A brief statement of the step(s) taken to informally resolve the

grievance. 

4. The personal remedy (corrective, not punitive action) that is being

sought. 

5. A statement that discrimination based on race, color, religion, age, sex,

or national origin is or is not an issue in the grievance. 

6. Identification of the employee's representative. 

SECTION 8. FAILURE TO MEET TIME REQUIREMENTS Failure on the part of the

respondent to meet any of the time limits of this procedure without mutual consent will

serve to permit the grievant to immediately escalate the grievance to the next step of the

process. 

SECTION 9. WITNESSES All DDPH employees called by the Agency to testify on

matters regarding a grievance being processed under this Article shall be in a duty status

and paid travel and per diem expenses in accordance with appropriate regulations. 

SECTION 10. RECORDS AND DOCUMENTATION The Agency shall, upon request,

furnish the grievants or a properly designated representative, with pertinent records,

regarding a grievance under this Article, subject to limitations of the Privacy Act.

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ARTICLE 30 

ARBITRATION 

SECTION 1. Arbitration may be invoked only by the Union or the Agency and shall

extend only to matters which may be processed under Article 29, Grievance Procedure.

The arbitrator's award shall be binding on the parties except that the Union or the Agency

may file exceptions to the arbitrator's award in the manner prescribed by law. 

SECTION 2. Within ten (10) calendar days from the date either party receives the

written request for arbitration, representatives of the parties shall meet to mutually

select an arbitrator. If agreement cannot be reached within five (5) calendar days from

the initial meeting, the parties shall submit a joint request to the Federal Mediation and

Conciliation Service for a list of five (5) qualified arbitrators. Within five (5) calendar

days following receipt of this list, the parties will meet in an attempt to select a mutually

acceptable arbitrator from the list. If agreement cannot be reached, the parties will

alternately strike a name from the list. This process will be repeated and the name of

remaining will be the duly selected arbitrator. 

SECTION 3. Following selection and receipt of acceptance from the arbitrator, the

parties will prepare a joint letter submitting the matter in dispute. This letter shall

present, in question form, the matter on which arbitration is sought; it shall also outline

the rules governing arbitration and the fees and expenses which will be paid. It may

contain mutually agreed upon stipulations of fact, and it may be accompanied by any

documents the parties mutually agree should be submitted to the arbitrator in advance of

the hearing but which may not necessarily be stipulations of fact. Post-hearing briefs may

be submitted provided both parties agree or the arbitrator requests them. 

SECTION 4. The arbitration hearing will normally be held on-site regular day shift

working hours, excluding weekends. A reasonable number of relevant witnesses as

determined by the arbitrator, may be called by both parties. Employees of DDPH who

participate in arbitration hearings who are otherwise in an active duty status shall be in a

pay status without charge to annual leave while so engaged. 

SECTION 5. In considering any case submitted under the provisions of this Agreement,

the arbitrator shall be limited to the specific issue jointly submitted by the parties and to

the evaluation of testimony, evidence, and arguments presented for the purpose of

determining whether the action taken was reasonable or warranted or whether it was

arbitrary or an abuse of discretion. An arbitrator shall not change, modify, alter, delete,

-65-
or add to the provisions of the Agreement, such right being the prerogative of the

contracting parties only, 

SECTION 6. The arbitrator will be expected to transmit his written opinion to the

parties as soon as possible but not later than thirty (30) calendar days after conclusion of

a grievance hearing. 

SECTION 7. The fees and expenses of the arbitrator shall be borne equally by the

Agency and the Union. 

SECTION 8. The time limits in this Article may be extended by mutual agreement of the

parties.

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ARTICLE 31 

PAYROLL ALLOTMENTS FOR WITHHOLDING OF DUES 

SECTION 1. GENERAL 

A. For the purpose of this Article: 

1. The term "employee" refers to any bargaining unit employee who is a

member in good standing of the Union. 

2. The term "servicing payroll office" refers to the DDC Finance Services

Division, which is responsible for processing the pay of the employee. 

3. The term "payroll allotment" refers to a voluntary authorization by the

employee for a deduction in a specified amount to be made from the employee's pay each

pay period for the payment of dues, associated with his/her membership, to the Union. 

4. As employees leave DDPH through retirement, transfer, etc., the DDPH

Commander, or his designee, will provide the names of these employees to the Union. 

8. The Agency and Union agree that each are responsible for fully informing the

employee that his/her authorization for a payroll allotment: 

1. Is completely voluntary; and 

2. Cannot be revoked for a period of 1 year from the effective date

thereof, or at intervals of 1 year as set by this Agreement in Section 3 below. 

SECTION 2. AUTHORIZATION OF PAYROLL ALLOTMENT 

A. Only one payroll allotment shall be authorized for an employee. 

B. Standard Form (SF) 1187, Request for Payroll Deductions for Labor 

Organization Dues, shall be used. The Union shall purchase and distribute this form to the 

employees. 

C. The Union shall furnish the Agency with written notification of the name and

title of the Union official who is designated to sign the certification on the SF 1187.

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D. The Union shall be responsible for furnishing the servicing payroll office with a

certified schedule of payroll allotments supported by completed Standard Forms No. 1187

signed by the designated Union official and the employees. 

E. No more than two changes in the amount of the payroll allotment shall be made

during a calendar year. 

F. Written notification of a change in the amount of the payroll allotment shall be

furnished to the servicing payroll office by the Union. 

G. The change in the amount of the payroll allotment shall become effective with

the first complete pay period which occurs 30 days after the written notification is

received by the servicing payroll office. 

SECTION 3. TERMINATION OF AUTHORIZATION The payroll allotment shall be

terminated when any of the following situations occur: 

A. The employee retires. 

B. The employee dies. 

C.The employee is separated. 

D. The employee ceases to be a member of the bargaining units. 

E. The employee ceases to be a member in good standing of the Union. If this

occurs, the Union shall be responsible for promptly furnishing written notification to the

servicing payroll office. 

F. The employee files a written notification (5F 1188, Cancellation of Payroll

Deductions for Labor Organization Dues) with the servicing payroll office. An employee in

the bargaining unit who has authorized withholding of Union dues may request revocation

of such authorization by completing a SF 1188 and submitting the completed form to the

servicing payroll office. These forms may be obtained from the Agency. An employee who

initiates dues deduction and requests revocation of this deduction within the initial year

will have the revocation take effect on the first pay period beginning on or after the first

anniversary of the date the dues deduction went into effect. An employee who completes

the initial one (1) year period and requests revocation of Union dues deduction will have

the revocation take effect on the first pay period beginning on or after 1 March following

submission of the request. Requests for revocation must be received by the servicing

payroll office no later than 1200 noon on the last Monday preceding the first anniversary

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date or 1 March as appropriate, The servicing payroll office shall promptly notify the

Union of all such revocations received by transmitting a copy of the form. 

SECTION 4. PROCESSING PAYROLL ALLOTMENTS 

A. Payroll allotments shall be processed at no cost to the Union or the employee. 

B. An employee who desires to have his Union dues deducted from his pay may, at

any time, complete and sign the appropriate portions of the SF 1187. Section A of this

form will be completed and certified by the authorized administrator of this Agreement.

The authorized administrator shall submit the form to the servicing payroll office within

sufficient time for verification of employee eligibility and for the subsequent processing

of the form at the payroll office no later than 1200 noon on the last Monday preceding the

pay period during which the initial deduction is to be made. 

C. Except as stipulated in D below, the servicing payroll office shall deduct the

amount of the payroll allotment each pay period. 

D. No dues shall be withheld or deducted for any pay period in which the

employee's net salary, after other legal or required deductions, is insufficient to cover

the full amount of the payroll allotment. 

E. After each pay period the servicing payroll office shall remit a check to the

Union for the payroll allotment deductions together with the following: 

1. The names of employees from whom deductions were made and the

amount of each deduction, and their organization assignment. 

2. The total number of employees from whom dues were withheld. 

3. The total amount withheld. 

4. The names of employees from whom no dues were deducted in accordance

with D above. 

5. copy of any written revocation received by the servicing payroll office

since the previous remittance.

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ARTICLE 32 

COPIES OF AGREEMENT 

SECTION 1. Booklet copies of this Agreement shall be provided by the Agency to each

employee in the bargaining units. The Union shall be furnished 25 copies to meet its

needs. 

SECTION 2. The expenses for printing and distribution of this Agreement shall be borne

by the Agency. 

SECTION 3. New employees will be given a copy of this Agreement by the Agency at the

time the employee is being processed for employment.

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ARTICLE 33 

PUBLICITY 

The Agency agrees that the Union will be provided space on all bulletin board which

are designated as official. Information posted must not violate any law, this Agreement,

the security of the activity, or contain language which is scurrilous or defamatory. The

Union bears sole responsibility for the content of material distributed or posted.
ARTICLE 34 

GENERAL PROVISIONS 

SECTION 1. It is mutually understood that all persons (including supervisors and

stewards, but not limited thereto) involved in labor-management relations should assert

themselves in a temperate and reasonable manner in their mutual dealings and assume

responsibility for conforming to appropriate standards of personal conduct. 

SECTION 2. Nothing in this Agreement shall be construed as a bar to any rights the

employee would otherwise be entitled to in the absence of such Agreement, including the

right to bring matters of personal concern to the attention of their Congressional and

other legislative representatives. 

SECTION 3. INFORMAL COMPLAINT PROCESS: This section sets forth the

procedures for processing complaints to agencies outside DDPH such as unfair labor

practice (ULP) charges, OSHA complaints, classification appeals, GAO complaints, etc.,

before such complaints are formally filed. The expressed intent of the parties is to

facilitate informal discussion concerning alleged complaints and to enhance the possibility

of informal resolution. To this end, the parties agree to the following informal process: 

Should either party believe that the other party has committed a ULP or other action that

may warrant the filing of a complaint with an outside agency, that party shall serve written

notice of the alleged violation(s) upon the other party. The written notification will

include a clear and concise statement of the facts constituting the alleged violation(s) of

any law, rule and/or regulation and any other supporting documentation alleged to have

been violated. The party so served shall have five (5) work days from the date the

informal complaint was received to investigate the matter and allegation(s). If the matter

is not resolved after the expiration of the five day period, the charging party may proceed

to file the complaint with the appropriate agency. For the purpose of this section, service

will be made to the Commander or his designee or the Union Executive director,

personally, by registered/certified mail, return receipt requested, or by facsimile.
ARTICLE 35 

DURATION AND CHANGE OF AGREEMENT 

SECTION 1. This Agreement shall become effective only after ratification by members

of the Union who are bargaining unit employees, signing by representatives of both parties,

and approval by the Department of Defense (DOD), This Agreement will become effective

on the date of DoD approval or on the 31st day after execution by the parties, whichever is

sooner, and remain in full force and effect for a period of three (3) years subsequent to

the effective date except that it shall terminate automatically on any date on which it is

determined that the Union is no longer entitled to exclusive recognition under 5 USC. On

the request of either party, representatives of the Agency and the Union shall meet to

commence negotiation on a new Agreement on a mutually agreeable date between the 105th

and 60th days, inclusive, prior to the expiration date of this Agreement. If the new

Agreement has not be concluded prior to such expiration date, this Agreement may be

continued for a specified period of time to be agreed upon. Such continuance would be

with the mutual consent of both parties and subject to approval by DoD. 

SECTION 2. Amendments to this Agreement may be negotiated by mutual agreement of

both parties any time after it has been in effect for a period of six (6) months. Requests

for such amendments by either party must be in writing and must include a summary of the

amendments proposed and reasons therefor. The parties shall meet within fourteen (14)

calendar days after receipt of such request to discuss the request. If the parties agree

to a reopening of the Agreement, they shall proceed to negotiate on the proposed

amendments. 

SECTION 3. This Agreement shall be reopened for amendment upon the written request

of either party made within thirty (30) calendar days after receipt by the requesting

party of any change required by applicable law or any order, instruction or regulation of

the OPM, DoD, Defense Logistics Agency, or other higher authority, which alters the

discretionary authority of the Commander with regard to any item specifically covered by

this Agreement. The written request shall include reference upon which the request is

based. The parties shall meet within fourteen (14) calendar days after receipt of such

request to commence negotiations. 

SECTION 4. Any amendments to this Agreement agreed to by the parties will be in

writing and duly executed by both parties. Such amendments will become effective upon

approval by DoD or 31 days after execution of the amendments, whichever comes first.
SECTION 5. The Agency recognizes the right of the Union to initiate mid-term and

impact and implementation bargaining to the extent permitted by law.

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EXECUTION AND AGREEMENT 

This agreement between the parties identified below was executed on November 10,1999, as

evidenced by the following signatures'. 

For the defense distribution depot

Pearl Harbor Hawaii: 

For the Service Employees International Union

Local 556, AFL-CIO and Hawaii Federal Employees

Metal Trades Council, AFL-CIO: 

GEORGE L. OMEECHEVARRIA 

CDR, SC, USN 

Commander 

Chief Negotiator 

RICHARD L. ZAMORA

Executive Director

Chief Negotiator 

DENISE CORDEIRO KEVIN R. LIBORIO 

deputy Commander President, HFEMTC, AFL-CIO 

Negotiator 

MIKE F. IHA

Negotiator 

CHARLOTTE D. LYMAN

Negotiator 

Approved by the Department of 

defense on November 19, 1999 to

be effective November 19, 1999.

RICHARD TAM 

Negotiator 
Employee/Union Grievance Form 

Name of Grievant & Organization (Print): ______________ _______________________________________

bate Submitted: Job Title A Grade: __________________________________________

Select One: I desire to represent myself. 

I hereby authorize the Union to represent me

Union Representative (Print): __________________

Address A Phone: ________________

bate of Incident giving rise to this grievance: ___________________________________________ _ 

Basis of Grievance. Include all relevant information necessary to understand the grievance in order to issue a fair decision

(what happened, who involved, when, where, etc.) Attach other pages as needed. 

Brief statement of attempts to resolve grievance informally. Please describe the steps which were taken to

informally resolve the grievance (who, what, where, when, etc.) 

Requested Remedy: 

Signature of Grievant: ____________________________________________________________________ _ 

Signature of Representative: _________________________________________________________________ 

Received by Management: Date: 

Discrimination based on race, color, religion, age, sex, or national origin IS/IS NOT an issue in this

grievance. (Please circle one) 

i

A11 Correspondence regarding this grievance shall be provided to all Parties involved (e.g., Management Official, Employee, & Union

Representative, if any.)