Negotiated Agreement

July 2015

DLA Distribution Norfolk, Virginia

and the

International Association of Machinists

and

Aerospace Workers

Local Lodge 97
1

TABLE OF CONTENTS

TITLE PAGE

PREAMBLE/WITNESSTH 3

ARTICLE 1 RECOGNITION OF EMPLOYEE GROUPS 4

ARTICLE 2 RIGHTSOFMANAGEMENT 5

ARTICLE 3 THE AGREEMENT AND ITS RELATION TO LAW 6

AND REGULATIONS

ARTICLE 4 LABOR-MANAGEMENT COOPERATION 7

ARTICLE 5 EXISTING BENEFITS, PRACTICES AND 9

UNDERSTANDINGS

ARTICLE 6 DURATION AND CHANGE 10

ARTICLE 7 BASIC WORK WEEK 12

ARTICLE 8 OVERTIME 14

ARTICLE 9 HOLIDAYS 17

ARTICLE 10 ANNUAL LEAVE 18

ARTICLE II SICK LEAVE 20

ARTICLE 12 LEAVE WITHOUT PAY 24

ARTICLE 13 CIVIC RESPONSIBLITIES 25

ARTICLE 14 SAFETY AND HEALTH AND VOLUNTARY PROTECTION 28

PROGRAM

ARTICLE 15 PROMOTIONS 30

ARTICLE 16 POSITION CLASSIFICATION 33

ARTICLE 17 PERFORMANCE APPRAISAL SYSTEM 35

ARTICLE 18 REDUCTION-IN-FORCE 39

ARTICLE 19 DETAILS 41

ARTICLE 20 CONTRACTING OUT OF BARGAINING UNIT WORK 42
TABLE OF CONTENTS

TITLE PAGE

ARTICLE 21 WAGE SURVEYS 43

ARTICLE 22 COMMITTEES AND COUNCILS 44

ARTICLE 23 PLANT VISITATION BY UNION REPRESENTATIVES 46

ARTICLE 24 UNION REPRESENTATION AND OFFICIAL TIME 47

ARTICLE 25 DISCIPLINARY ACTION 52

ARTICLE 26 PRIVACY ACT AND OFFICIAL RECORDS 56

ARTICLE 27 GRIEVANCE PROCEDURE 57

ARTICLE 28 ARBITRATION PROCEDURE 61

ARTICLE 29 EQUAL EMPLOYMENT OPPORTUNITY 63

ARTICLE 30 SUGGESTION PROGRAMS 64

ARTICLE 31 BULLETIN BOARDS 65

ARTICLE 32 PARKING 66

ARTICLE 33 VOLUNTARY ALLOTMENT FOR PAYMENT OFDUES 67

ARTICLE 34 SAFEGUARDING OFPROPERTY 69

ARTICLE 35 GENERAL PROVISIONS 70

ARTICLE 36 PUBLICIZING THE AGREEMENT 73

ARTICLE 37 WORKER'S COMPENSATION 74

ARTICLE 38 EMPLOYMENT OF RELATIVES 76

ARTICLE 39 TRAINING 77

ARTICLE 40 MEMORANDUMS OF AGREEMENT 78

ARTICLE 41 TRAVEL 79

ARTICLE 42 DRUG FREE WORKPLACE PROGRAM 81

ARTICLE 43 EMPLOYEE ASSISTANCE PROGRAM (EAP) 84
3

PREAMBLE

Pursuant to the policy set forth in Public Law 95--454, the Civil Service Reform Act of 1978,

hereinafter referred as to "Reform Act". Tills agreement is made by and between DLA

Distribution Norfolk, Virginia, (to include Regional Sites) hereinafter referred to as the

"Employer", and Local Lodge 97 of District Lodge 74, International Association of Machinists and

Aerospace Workers, AFL-CIO, hereinafter referred to as the "Union". It is the intent and purpose

of the parties hereto: to promote and improve the efficient administration of the Federal Service

and the well-being of the employees within the meaning of the Reform Act; to establish a basic

understanding relative to personnel policies and practices, and matters affecting the working

conditions and other conditions of employment; and to provide means for amicable discussion

and adjustment of matters of mutual interest at DLA Distribution Norfolk, Virginia.

WITNESSETH

In consideration of the mutual covenants herein set forth, parties hereto intending to be bound

hereby agree as follows:

Whereas it is the intent and purpose of the parties hereto to promote and improve the efficient

administration of the Federal Service and well-being of employees within the meaning of Title

VII, Public Law '95-454, (hereinafter referred to as the ACT), to establish a basic

understanding relative to personnel policies, practices, and procedures and the matters

affecting other conditions of employment, and provide means for amicable discussion and

adjustment to matters of mutual interest at the DLA Distribution Norfolk, Virginia.
4

ARTICLE 1

RECOGNITION OF EMPLOYEE GROUPS

Section 1. The Employer hereby recognizes that the Union is the exclusive representative of

all employees in the Unit (as defined in Section 2 below), and the Union recognizes the

responsibilities of representing the interests of all such employees with respect to grievances,

personnel policies, practices and procedures or other matters affecting their general working

conditions, subject to the express limitations set forth in Articles 2 and 3 below.

Section 2. The Unit to which this Agreement applies is composed of Wage Grade employees

of the DLA Distribution Norfolk, Virginia. Excluded from the Unit are Management officials,

General Schedule employees, Guards, professional employees engaged in Federal personnel

work in other than a purely clerical capacity and supervisors as defined in the ACT.

Section 3. An employee is not authorized by the ACT to assist the Union or participate in its

management or represent it if such activity could result in a conflict or apparent conflict of

interest or otherwise be incompatible with law or with the official duties of the employee.

Section 4. Nothing in this 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 an employee for the payment of dues through payroll deductions. The

provisions of this Section shall apply to all supplemental, implementing, subsidiary or informal

agreements between the parties.
5

ARTICLE 2

RIGHTS OF MANAGEMENT

Section 1. Nothing in this Agreement or Chapter 71 of Title 5, shall affect the authority of

any management official of the Employer.

1. To determine the mission, objectives, spending plan, organizational structure,

number of employees, required employees skills and capabilities and internal security

practices of the Employer, and

2. in accordance with applicable laws and regulations, to hire, assign, direct, layoff and

retain employees in the Employer organization.

Section 2. Nothing in this article shall preclude the Employer and the Union from negotiating:

1. Employer elected changes in the technology, methods, or means of performing work

that changes the training, skills, effort, or environment required in order to perform the

work, or

2. Employer elected changes in established tours of duty or work shifts, or

3. procedures used by the Employer in exercising any authority under this section

unless procedures have otherwise been established by regulations or Employer's

higher level authority, or

4. appropriate arrangements or agreements for employees adversely affected by

the exercise of any authority under this section by management officials of the

Employer.

Section 3. The provisions of the Articles shall apply to all supplemental, implementing,

subsidiary or informal agreements between the parties. Itis agreed that Management's rights

herein expressed shall not be exercised in such a way as to violate the conditions and terms

of any other provisions specifically set forth in thisAgreement.

Section 4. It is agreed that it is Management's right to identify problems and craft solutions

to better serve customers and employees. In this regard the Employer will be committed to

pursuing solutions with appropriate Union participation, that promote increased quality and

productivity, customer service, mission accomplishment, efficiency, quality of work-life and

employee empowerment.

Section 5. The Employer and the Union agree to establish a forum to discuss and obtain

pre-decisional information in accordance with Executive Order 13522. Additionally it is

understood that when appropriate, the DLA Distribution Norfolk leadership will engage in

pre-decisional discussions with the Union on matters affecting the workforce.
6

ARTICLE3

THE AGREEMENT AND ITS RELATION TO LAW AND

REGULATIONS

Section 1. In the Administration of all matters covered by this Agreement, officials of the

Employer and the Union and Bargaining Unit employees are governed by existing or future

laws and regulations of the Federal Government, including policies set forth in 5 CFR -Code

of Federal Regulations -Title 5: Administrative Personnel and Title 5 of the UnitedStates Code

Government Organization and Employees Part III-Employees Subpart F---Labor-Management

andEmployee Relations Chapter 71 Labor-Management Relations and The Statute; by

published Department of Defense and Defense Logistics Agency policies and regulations in

existence at the time this Agreement is approved; and by subsequently published Department

of Defense and Defense Logistics Agency policies and regulations of appropriate authorities,

or authorized by the terms of controlling agreement at a higher Agency level.

Section 2. The requirements of Public Law 95-454 shall apply to all supplemental,

implementing, subsidiary, or informal agreements between the parties.

Section 3. Any right or privilege negotiated on behalf of Bargaining Unit employees shall not

be denied to temporary, probationary, or excepted appointment employees unless expressly

prohibited by rules, law, regulations or this Agreement.
7

ARTICLE 4

LABOR-MANAGEMENT COOPERATION

Section 1. It is agreed and understood that matters appropriate for consultation and

negotiation between the parties are changes to policies, programs, and procedures related to

working conditions which are within the discretion of the Employer including but not limited to

such matters as safety, training, labor-management cooperation, employee services, methods

of adjusting grievances, appeals, leave promotion plans, demotions practices, pay practices,

reduction in force practices, and hours of work. The term Consultation as applied in this

Agreement shall mean: any dialogue either oral or written between management and Union

officials, on specific issues. Consultation, unlike negotiations does not involve joint decisionmaking and the consultation process does not necessarily result in agreement between

management officials and representatives of the Union.

Meaningful consultation should, however, result in a careful definition of the matter or problem

at issue and result in an objective exploration and consideration of the organization's views

and suggestion thereon. However, this does not preclude the parties from reaching agreement

on any matter discussed.

The General Chairman of Local Lodge 97 shall be the official point of contact for changes and 

consultation affecting bargaining unit employees of the Employer.

Section 2. It is the intent and desire of both parties to this Agreement that effective

consultation between the representatives of both parties be utilized as a means of resolving

all differences. Such consultation shall occur before, rather than after the fact, except when

impossible due to an emergency situation. Therefore, the Employer and the Union having

subscribed to the intent of this section will encourage their respective representatives and

agents to seek mutually acceptable solutions at the lowest level possible, in a continuing effort

to avoid formal complaints. Consultation shall commence, where appropriate, between the

representative and the immediate Supervisor, and when necessary, be processed through

each succeeding level of supervision. The parties will make earnest attempts to satisfactorily

resolve appropriate matters of interest to bargaining unit employees at the lowest possible

Union/Employer representative level. Nothing in this Section is intended to preclude either

party from having a reasonable number of representatives present at any meeting provided

such representatives can make a contribution towards promoting labor/management

cooperation. In the event Management advises the Union of an intended action, it shall be

the responsibility of the Union to request consultation if there is a desire for consultation. If no

response is received, it will be assumed that the action is satisfactory and the matter will be

considered closed.

The same rules shall apply when the Union advises the Employer of intended action. Such a

request shall be in writing and will include a statement of impact and any proposals. The Union

will be provided seven (7) work days to respond to notice of proposed changes.
8

Either party may request one informational meeting regarding a proposed change prior to

submitting a statement of impact and proposals. Such meetings will be conducted within three

(3) workdays of the notification of proposed change. Delays in conducting this meeting caused by

the Union will not prevent the change from being implemented. All time limits may be extended by

mutual agreement or a mediator will be called in to attempt to resolve the issue(s).

Section 3. It is agreed that if DLA Distribution Norfolk, Virginia, unless prevented by an

emergency situation, fails to consult before changing a policy, program, or procedure related to

working conditions, future action in accordance with the new policy, program, or procedure will be

stayed at the Union's written request for consultation of the matter.

Section 4. Either party shall have the right to challenge any unilateral changes made as a result 

of such a consultation meeting. It is agreed this section shall not be interpreted in such a way as

to require the Employer to exceed the bounds of its legal authority and discretionary powers.

Section 5. Either DLA Distribution Norfolk, Virginia or the Union, at the time of filing an unfair

Labor Practice Charge with the Federal Labor Relations Authority, will provide the other party with

a copy of the charge. The parties agree to meet if requested by either party to discuss such

charge.
9

ARTICLE 5

EXISTING BENEFITS, PRACTICES AND

UNDERSTANDINGS

Section 1. It is agreed that the Employer will consult with the Union before making

changes to existing personnel benefits, practices and understandings affecting members

of the unit, which have been authorized by the Employer, but which are not specifically

covered by this Agreement.

Section 2. All privileges and benefits not specifically covered by this Agreement will be

applied impartially to all similarly situated employees.

Section 3. A past practice is defined as a worksite behavior that is consistent and of

significant duration such that it takes the form of an unwritten but enforceable policy, if it

concerns conditions of employment. A past practice is not specifically covered in this

agreement and is followed by both parties or followed by one party and known by other party

but not challenged To constitute the establishment by past practice of a term and condition

of employment, the past practice must be a clear course of conduct consistently exercised

for an extended period of time with the parties' knowledge.
10

ARTICLE 6

DURATION AND CHANGE

Section 1. This Agreement as executed by the parties shall remain in full force and effect for a 

period of three (3) years from the date beginning on the fifteenth (15th) day following approval of 

the Agreement by the Department of Defense provided the Agreement has been ratified by the 

Union. The effective date will be officially promulgated in a directive issued by the Employer. 

Further, it is provided that this Agreement shall terminate at any time it is determined that the 

Union is no longer entitled to exclusive recognition under the ACT. On the request of either 

party, the parties shall meet to commence negotiations on a new Agreement on the ninetieth 

(90th) day prior to the expiration date of this Agreement or on the first (1st) workday following 

the date if it should fall on other than a workday.

This Agreement shall automatically renew itself on a one-year continual basis from the current 

expiration date or anniversary date of expiration date, in the event neither party wishes to 

reopen negotiations as specified above. The current agreement will remain in effect past the 

expiration date of the agreement if the parties are engaged in negotiation for renewal of 

agreement until such time as an agreement is reached.

Section 2. This Agreement, except for its duration period as specified in Section 1 of this

Article is subject to opening only as follows:

1. As recognized in Article 3, Section 2, amendments may be required because

of changes made in applicable laws, regulations and policies emanating from higher

authority. As the agreement shall at all times be applied subject to law, regulations and

policies, it is agreed the parties will meet within thirty (30) days after receipt of changes

by either party for the purpose of negotiating new language that will meet the

requirements of these changes. Such amendments will be duly executed by the parties

and will be effective on a day or dates agreed to by both parties.

2. It may be opened for amendments by the mutual consent of both parties at

any time after it has been in force and effect for at least ninety (90) days. Request

for such amendments by either party must be written and must include a summary of

the amendments proposed. The parties shall meet within fourteen (14) days after

receipt of such notice to discuss the matter(s) involved in such request(s), they shall

proceed to negotiate on amendments to same. No change shall be considered except

those bearing directly on the subject matter(s) agreed to by the parties. Such

amendments as agreed to will be duly executed by the parties.

Section 3. Any amendments to this Agreement as agreed upon by the parties shall be

promptly reproduced by the Employer and distributed to all employees within the bargaining

unit.
11

Section 4. No alteration, variation, waiver, or modification of any terms or conditions

contained herein shall be made by any employee or group of employees with the Employer,

unless made by designated representatives of the parties hereto, executed in writing, ratified

by the Union membership and approved by the DLA. However, interpretative understandings

reached jointly by designated representatives of the Employer and of the Union need not be

subject to approval and ratification as set forth above.

Section 5. The breach of any term or condition of this Agreement by either party shall not

constitute a precedent in the future enforcement of the term or condition breached.

Section 6. This Agreement, except for its duration period as specified in Section 1 of this

Article, is subject to opening only as follows:

1. Amendment(s) may be required because of changes made in applicable laws

or Agency-wide policies. In such event, the Parties will meet for the purpose of

negotiating language that will meet the requirements of such directives. Such

amendment(s) as agreed to will be duly executed by the Parties and become effective

on a date or dates agreed to as being appropriate under the circumstances.

2. It may be opened for amendment(s) by the mutual consent of both parties at

any time. Requests for such amendments by either party must be in writing and must

include a summary of the amendment(s) proposed. The parties shall meet within

fourteen (14) calendar days after receipt of such notice to discuss the matter(s)

involved in such request(s). If the parties agree that opening is warranted on any such

matter(s), they shall proceed to negotiate. No changes shall be considered except

those bearing directly on the subject matter(s) agreed to by the parties. Such

amendment(s) as agreed to will be duly executed by the parties.

Section 7. The waiver of any breach or condition of the Agreements by either party shall not

constitute a precedent for the future enforcement of all the terms and conditions herein.

Section 8. No Article will be altered, waived, or modified in this Agreement contrary to any

terms or conditions contained herein shall be made by either the Employer or the Union

without mutual agreement by both Parties and subsequent approval by the Local Union and

approval by Commander of the DLA Distribution Norfolk, Virginia.
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ARTICLE 7

BASIC W ORK WEEK

Section 1. The basic workweek will consist of five, eight-hour days. The regular hours of

work for all employees shall not exceed eight hours a day, 40 hours a week. Designated

lunch periods will be a thirty (30) minute non-paid period.

1. Under hardship conditions, a bargaining unit employee has the right to

change shifts with another bargaining unit employee if both parties agree on the

duration of the change (temporary or permanent), and if both parties are assigned

to same position description and have equivalent qualifications. The shift changes

must be approved by the supervisor(s) of theSections affected by change inshifts.

Section 2. In the event that it becomes necessary to establish or add a new workweek

or shift, the Employer will advise the Union furnishing the reason thereof. Upon request

to meet from the Union concerning the reasons for commencing/adding to a new

workweek of shift, the Employer will schedule a meeting to consult with and to give full

and fair consideration to the Union’s views.

Section 3. When a change in the work shift or basic workweek is required, and known

by the Employer in advance of the administrative workweek during which the change

occurs, the Employer agrees to notify the affected bargaining unit employees in advance

of the change. The failure to provide advance notification would not preclude a shift or

workweek change.

Section 4. In staffing workweeks and shifts, the Employer will make assignments, within

a job classification and responsible work operation, by seniority.

The Employer will solicit qualified volunteers within a job classification and responsible

work operation and seniority will be used for the process. Volunteers will be utilized to the

maximum extent practicable when staffing workweek and shifts assignments. If one or

more qualified volunteer, as determined by the Employer, the employee with the most

senior service computation date shall be selected. If there are no volunteers, the qualified

employee with the least senior service computation date shall be selected. Ifanother

opening occurs, the Employer shall use the same process as above.

Note: When two or more employees have the same service computation date. The 

employee with the lowest last four digits of the social security number shall be selected.

Section 5. Employees assigned duties by the Employer that require the bargaining unit

employee to work without stopping or interrupting the work through his or her lunch break,

will be permitted to eat lunch on the job and will not be required to take an unpaid lunch

period.
13

Section 6. All employees assigned shifts other than the regularly established first work

shift will receive applicable shift differentials.

Section 7. Where it is necessary to establish a 24 hour, seven day week operation, the

first shift will commence at/or between 0600 and/or 0800, the second shift will commence

at/or between 1400 and/or 1600, and the third shift will commence at/or between 2200

and/or 2400. When establishing the beginning and ending times of the shifts outlined

above, the Employer will consider employee desires along with applicable operational

requirements.

Section 8. When administrative excusal is authorized because of extreme weather

conditions, breakdown of equipment, fires, floods, or other natural phenomena, all

employees who report, or are scheduled to report to work and whose services are not

specifically required, will be excused for the remainder of their work shift in accordance

with applicable directives.

Section 9. The Employer will maintain appropriate records as to assignments of

employees within each Section in order to ensure compliance with this Article and such

records will be made available for review by the Union upon request.

Section 10. The Employer may allow a reasonable amount of time at the end of the

workday for personal and general cleanup. Personal cleanup will not exceed ten (10)

minutes. No employee will be required to remain after his shift for purpose of cleaning up

his designated work area, or stow tools and equipment without compensation.

Section 11. Each bargaining unit employee will be granted two (2) fifteen (15) minute

breaks during their work shifts; one in the first four hours and one in the second four 

hours. The purpose of the breaks is to provide the Employee with a paid dedicated

rest period to get the employee away from continuously performing some of the

repetitive, physically demanding or tedious task that are associated with the movement

and handling of material in a physical distribution process, resulting in a safer working

environment.

When the employee is not on break, the employee will be expected to be at the designated

work area.

When the employees are scheduled for classroom training, they will follow the breaks

authorized by class instructor.
14

ARTICLE 8

OVERTIME

Section 1. Overtime work shall be paid for at the appropriate overtime rates in accordance

with current pay regulations; overtime rates shall include any shift differential or additional

pay to which the employee is entitled.

1. The Employer's right to determine overtime requirements includes the

authority to cancel all or any portion of any planned or scheduled overtime.

2. No employee shall be required to work more than eight (8) hours in a

workday without compensating such employee for hours worked in excess of eight

hours in a workday at the existing overtime rate.

3. Overtime is considered an assignment of work. Employees scheduled to

work overtime who are unable to report to the place of work as scheduled, must follow

call in procedure and provide a reason for failure to report.

Note: This Article is not intended to apply to imbalances in overtime assignments that may

occur due to continuity and qualifications. Itis also recognize that it is the responsibility of

the affected employee to bring the violation to the attention of the cognizant supervisor and

the issue must be raise no later than the third (3rd) overtime rotation, which is equivalent to

threepay periods.

Section 2. The Employer agrees that overtime assignments shall be made in an impartial

manner from among those employees within a Section, shift and job rating. It is understood

that due to qualifications and continuity (all defined below), some imbalance may occur

within a Section, shift and job rating. In this regard the Employer agrees to continuously

work toward correcting any imbalance. Wage Grade Employees and Work Leaders will be

considered equal unless there is a specific need for a Work Leader. When a situation arises

involving special qualifications causing an imbalance in overtime, the Employer will consider

training additional bargaining unit employees to reduce the imbalance that causes the

overtime to be unequally distributed, taking into consideration all relevant factors. Should an

employee receive a notice of unacceptable performance, Management may bypass them for

overtime assignment while under such notice.

1. Qualifications. Employees must be qualified to perform the overtime assignment 

in an efficient manner. The expectation is that the Employee must be physically able to

perform the job and capable of completing the work with reasonable indoctrination or 

instructions

2. Establishing qualifications is not intended as means of circumventing overtime 

rotation where minimal indoctrination training during regular working hours would qualify

the employee for the assignment.
15

Section 3. The following procedures will be used for assigning overtime. During emergency

situations, the Employer may bypass these procedures. Should an emergency situation arise

the Union shall be informed of the fact as soon as practicable.

1. To establish the overtime log the Employer shall do the following: At the 

beginning of the year, the Supervisor shall list employees in alphabetical order. If an 

employee declines overtime,· he/she will be recorded, in red, as working the overtime, 

and the next lowest employee will be ask to work, etc.. The overtime log will serve as the 

official record to track overtime hours offered, worked, and declined, as well as to 

maintain balances of overtime worked/declined. No employee will be charged (marked in 

red) as overtime declined unless he/she receives at least 45 minutes advance notice. 

Each employee will be allowed one opportunity in a six month period to pass on a 

required overtime assignment. When an employee invokes his/her pass, the next lowest 

employee on the overtime log will be assigned to work The use of ''pass" will be 

annotated by "P" on the overtime log. It is recognized due to unique qualifications, 

emergency situations or the unavailability of a replacement an employee may not be 

allowed to invoke a pass.

2. Supervisors will solicit volunteers for overtime via the daily attendance sheets. 

Bargaining unit employees will declare their intentions to volunteer to work overtime by 

indicating yes or no in the spaces provided and include a signature within two hours of the 

start of the shift. Failure to do so will be assumed as declining overtime. The daily

attendance sheets will be retained for 90 days.

3. Once the supervisor determines the overtime is required, volunteers will be 

determined by referring to the daily attendance listing. Bargaining unit employees in the 

job rating, supervisor, and shift where work is to be performed, and who have indicated 

their intention to work overtime will be selected based on the lowest overtime hours 

worked as indicated by the overtime logs.

4. If insufficient volunteers are available within the Section, employees who 

indicated that they did not intend to work overtime will be charged with declining overtime 

offered on the overtime log, unless they are not subsequently required to work overtime 

based on insufficient volunteers.

5. Additional volunteers will then be solicited from other Sections within the 

Division, followed by employees within the Department, based on the inputs on the daily 

attendance sheet indicating an intention to work overtime. When volunteers are solicited 

under a solicitation that expands beyond the original area, employees will not be charged 

as declining overtime offered on the overtime log. Under some circumstances, volunteers 

may be solicited from Sections and/or Divisions and other Departments using the same 

solicitation logic.
16

6. If sufficient numbers of volunteers are not available, employees will be required 

to work overtime to meet the overtime work requirement. Employees required to work 

overtime will be selected from qualified personnel within the Section(s) needing the 

overtime based on the lowest number of overtime hours worked. .(f all available personnel 

are exhausted within the Section before the overtime requirement is met, the requirement 

to work overtime will be expanded to other Sections within the Division, and then within 

the Department until the overtime requirement fulfilled.

7. Management will establish a dial-in phone number that will provide up to date 

information related to overtime assignments. The dial-in line will be updated with a

message not later than 1400 each work day (Monday-Friday) that indicates all personnel 

who have been selected to work overtime on a volunteer basis. The update on the last

workday of the week will include the name and reporting time and date of all personnel 

scheduled to report for overtime work on the following Saturday, Sunday and

Friday/Monday holiday, if applicable.

8. Notifications related to changes to overtime that occurred after 1400 will be

provided directly by the affected employee's supervisor(s). Personnel that were

required, vice volunteering, to work overtime will be notified by the supervisor in

person.

Section 4. Employees called in to work outside of and unconnected with their basic

workweek shall be required to work a minimum of two (2) hours. In rare instances, if work is

not available the supervisor may excuse the employee with pay for the two (2) hours.

Employees shall be informed when practicable of the expected duration of overtime

assignment at the time it is offered. Employees shall be notified of overtime requirements as

far in advance as can be reasonably expected in order to minimize adverse impact.

Section 5. Cognizant representatives shall be notified of all overtime as soon as practicable

after the establishment of approved overtime requirements. In cases of call back overtime

the representative shall be notified as soon as practicable.
17

ARTICLE 9

HOLIDAYS

Section 1. Eligible bargaining unit employees shall be entitled to all holidays now prescribed

by law and any that may be later added by law and all holidays that may be designated by

Executive Order. In the event that work is performed on a Holiday the Employer agrees to

notify the Union as far in advance as is possible of the reason why. Volunteers from among

qualified bargaining unit employees shall be utilized to the maximum extent prior to requiring

bargaining unit employees to work on Holidays. A dedicated log book following the procedures

outlined in Sections 2 and 3 of Article 8 will be maintained for assigning Holiday work,

Section 2. Holidays as referred to above will normally be observed as non-workdays. When

these holidays fall on a Saturday or Sunday, the Activity will normally be closed to public

business on the preceding Friday or the succeeding Monday in lieu of such holidays. Then

such Friday or Monday shall be deemed to be a holiday. Holidays for employees who work

other than Monday-Friday shifts will be recognized in accordance with the Code of Federal

Regulations (CFR) as follows:

1. If the days off are Sunday and Monday and the holiday falls on Sunday, the 

holiday is observed on the following scheduled workday. If the holiday falls on the 

Monday, the preceding scheduled workday is observed as the holiday.

2. If the days off are Friday and Saturday and the holiday falls on Friday, the holiday 

is observed on the following scheduled workday. If the holiday falls on the Saturday, the 

preceding scheduled workday is observed as the holiday.

Bargaining unit employees volunteering for shifts should be aware that they may be required to 

work on a designated holiday. Such bargaining unit employees will be compensated with holiday 

premium pay (HPP).

Section 3. Bargaining unit employees in a pay status shall receive eight (8) hours pay at

their regular rate of basic pay, which includes night and environmental differential to which

the employee is entitled in accordance with existing regulations on all days defined as

holidays that they are not required to work.

Section 4. Bargaining unit employees working on a holiday within their basic workweek shall

receive double their rate of basic pay, which includes night and environmental differential to

which the employee is entitled in accordance with existing regulations for all hours not to

exceed eight (8) hours worked on such holiday.

Section 5. A Bargaining unit employee applying for leave on a workday which occurs on the 

employee's birthday or on a religious holiday associated with the religious faith of the

employee will be granted such leave provided subject employee's absence will not interfere

with the carrying out of the mission of the organizational element of which the employee is

assigned.
18

ARTICLE 10

ANNUAL LEAVE

Section 1. Employees shall earn and accrue annual leave in accordance with applicable 

statutes. Annual leave will be granted subject to mission requirements of the organization. 

Employees shall request annual leave in writing on Standard Form 71, Application for Leave, 

reasonably in advance from the first level supervisor of record. At the employees request the 

supervisor will provide the employee with a copy of the signed OPM Form 71. Scheduled leave 

request received by the Supervisor of record less than 24 hours in advance of the requested 

leave period will be reviewed and approved/disapproved prior to the date/time the requested 

leave is requested to begin. For same day request if the supervisor of record cannot be 

contacted to review the request prior to the requested start date/time of the leave, the employee 

may elevate the request to next available supervisor within the chain of command who will make 

the leave approval/disapproval decision prior to the requested start date/time of the request. 

When a request for annual leave has been denied, the employee will be promptly notified. Such 

notification will include the reason for denial. When a request for use or lose annual leave has 

been submitted within the required timeframes and is then denied, such notification will include 

the reasons for denial as well as specific information as to when the requested leave may be 

rescheduled so that the employee may apply for it and receive approval. Leave must not be 

denied or cancelled due to arbitrary or capricious reasons. Denial or cancellation of leave is not 

disciplinary and must not be used as a punitive measure.

Section 2. If requested to do so by individual employees, the Employer will review requests

for scheduled annual leave for vacation purposes of one (I) week or more continuous duration 

for those employees who will have submitted request by I May of each calendar year, and will 

have sufficient leave due and accrued for that purpose. By 30 May of each calendar year 

supervisors will produce a tentative vacation schedule. In the event a conflict in the requested 

leave period occurred, individual seniority computed on the basis of length of total Federal 

service for each group of employees reporting to a single supervisor of record will be applied 

To be eligible under this rule, an employee must have been employed at DLA Distribution

Norfolk, Virginia, prior to the start of the leave year being scheduled Once an employee has 

made his/her selection, he/she shall not be permitted to arbitrarily change his/her selection if 

doing so would disturb the choice of another. Every reasonable attempt will be made to adhere 

to the established vacation schedule.

Section 3. The Employer agrees that, during any period of curtailed operations, strong 

consideration will be given to providing work, if available at any worksite within the commuting 

area, for employees not having annual leave to their credit. If work cannot be provided for such 

employees, the Employer may grant advance annual leave to such employees with 

extenuating circumstances that caused the depletion of available leave to cover the period of 

shutdown. Advanced annual leave shall not exceed that which would be accrued during the 

remainder of the current leave year. The Employer may also grant leave without pay when 

requested by such employees for the period of shutdown or fraction thereof in accordance with 

applicable laws and regulations.
19

Section 4. The Employer will consult with the Union prior to scheduling of any planned

shutdown or periods of reduced operations, affecting employees. Meetings for the purpose, if

necessary, will be held between management and Union representatives as early as 

practicable, but normally not less than thirty (30) days prior to the planned shutdown or

reduced operations. Every effort will be made to make information relating to the planned

shutdowns or periods of reduced operations available to employees as early as practicable.

Section 5. Employees who fail to properly schedule their use or lose leave before the start

of the second pay period in November of each year, or that fails to execute annual leave at

no fault of the Employer may forfeit their use or lose leave balances following the end of the

leave year.

Section 6. Employees are required to notify their supervisor when unable to report to work

due to personal emergencies as soon as practicable after the beginning of their scheduled

work shift, normally within the first two (2) hours. Contact should normally be made by

telephone. If the supervisor of record is not available, that employee should leave a message

and contact the next supervisor in the chain of command. The message will include the

employee's name, estimated duration of leave, the type of leave requested, and a contact

number where the employee may be contacted. Ifthat supervisor is not available, the

employee should leave a message with the pertinent information on that supervisor's recorder

as well. Notification can also be made by email or text message within the first two hours on

the first day of the absence. If the employee finds that he/she would be absent beyond the

original estimated time, he/she shall notify the supervisor of record again and give another

estimated date/time. Such notification shall not in itself be justification of approval or

disapproval of emergency leave. The approval of emergency leave will be considered on an

individual case basis.
20

ARTICLE 11

SICKLEAVE

Section 1. Employees shall earn and be granted sick leave in accordance with applicable

statutes and directives. Sick leave may be granted for:

1. Incapacitation for duty by sickness, off-the-job injury, on- the-job injury,

pregnancy and confinement, or

2. Medical, dental or optical examination or treatment

3. Exposure to, or requirement to care for a family member with a contagious

disease (i.e. a disease which is ruled as subject to quarantine, requires isolation of the

patient, or requires restriction of movement by the patient for a specified period as 

prescribed by the Health Authorities having jurisdiction).

Section 2. Employees who are unable to report for duty because of sickness or injury are

required to report their absence to the Employer promptly. Such notification will normally be

done personally by telephone to the immediate supervisor. Absences shall normally be

reported within the first two (2) work hours of the first day of the absence. If the supervisor is

not available leave a message with a valid call back phone number, your name, type of leave

requested and how much leave is required. Bargaining unit employee must contact his /her

next supervisor in the chain of command. If that supervisor is not available, leave the same

message also. Notification of absence shall include the nature of the illness or injury and the

employee's best estimate of a return to duty date. If an employee is so incapacitated that

he/she cannot personally report the absence then the employee's closest relative/relation may

call for the employee. Employees are required to keep the Employer informed of the expected

return to duty date if the absence continues beyond the original expected date. Such

notification shall not in itself be justification for approval or disapproval of sick leave.

Section 3. Employees shall apply for sick leave on Standard. Form 71, "Application for

Leave", which they get from and submit to their immediate supervisor. The employee is

responsible for completing items 1 through 7b on the front of the form and items 1 through 4,

as appropriate, on the back of the form. The Certification of Physician or Practitioner is not

normally required for absences of three (3) workdays or less but may be required for longer

absences, or in questionable circumstances (e.g. employee calls in sick on a day for which

annual leave was previously denied). If medical certification is required because of

questionable circumstances, an employee may be informed of that requirement at the time

he/she gives notification of the absence. In such questionable circumstances if professional

medical attention is not obtained sick leave may be granted upon submission of

administratively acceptable evidence. Sick leave for medical, dental or optical examination or

treatment must be applied for in advance. Sick leave for illness or injury must be applied for on

return to duty.
21

Section 4. Employees who are incapacitated for duty because of serious illness or disability

who do not have sufficient leave may request advance leave in accordance with applicable

laws. Management will consider the following in considering advance leave:

1. The employee is serving under a valid appointment;

2. The employee has a minimum of one (1) year current continuous Federal Civil 

Service;

3. The employee does not have a current letter requiring the furnishing of a 

medical certificate for each absence claimed as sick leave;

4. The employee's separation from the service has not been initiated by

management nor is the employee contemplating separation by retirement or

resignation;

5. There is reasonable evidence, substantiated by a doctor's certificate, that

the employee will be capable of returning to work and fulfilling the full scope of

his/her duties;

6. There is no evidence indicating the employee will not remain employed

after his/her return to duty long enough to repay the advance sick leave;

7. The employee has used all annual leave, except 240 hours, which has

been or will be accrued during the current leave year.

Section 5. The parties agree employees should conserve their earned sick leave as 

financial protection against future medical misfortune. Further, an employee may be

required to provide acceptable medical evidence to support every absence due to illness or

injury when there isjust and sufficient reasons to believe the employee is abusing sick

leave (e.g. the employee continually uses sick leave in short unscheduled absences about

as fast as it is earned and there is no reasonable explanation for such a pattern). This

requirement will not be imposed until the matter has been discussed with the employee and

the employee is given a reasonable opportunity to improve, e.g. not less than 30 days,

unless just and sufficient reasons warrant more immediate action. Discussion means

explaining the evidence of sick leave abuse to the employee, permitting the employee a

reasonable opportunity to explain, giving serious consideration to the employee's

explanation and informing the employee if the explanation is acceptable or why it is not

acceptable. This requirement will be reviewed, at six month intervals and will be canceled

when there is reasonable evidence the problem has been corrected and the employee has

begun to accumulate a reserve of sick leave.
22

Section 6. An employee who takes illafter reporting for work and is too ill to continue work

will report such to the immediate supervisor. The employee may be granted sick or other

appropriate leave for recuperation or to seek appropriate medical attention.

Section 7. Employees on an extended absence from work (in excess of fifteen (15)

continuous workdays) for which sick leave is to be requested, will provide medical 

documentation addressing how the employee is incapacitated for work, including any work 

restrictions, and the date the employee is anticipated to return to work. Such documentation

will be provided on a regular basis, but at least every twenty (20) workdays.

Section 8. In the event an employee is absent because of incapacitation for duty and does not 

obtain professional medical attention for illness beyond three (3) work days (on a case by case 

basis), sick leave for the periods, if due and accrued, may be granted upon submission of 

acceptable administrative evidence. However, the Employer reserves the right to require 

medical documentation, in which case the supervisor will inform the employee at the time of the 

request for sick leave.

Section 9. The Employer agrees that bargaining unit employees who are physically unable

to perform their duties after reporting for duty due to illness and who have been previously

approved to take leave shall not be required to furnish a medical certificate to substantiate

such action unless it exceeds three (3) work days of continuous duration. However the

employee is required to follow call out procedures. In cases where an employee is on a

letter of requirement for sick leave, the employee is required to submit a certificate for 

each absence which is claimed as being due to illness in accordance with Section 5 above.

Such certificate will be furnished for periods of absence subsequent to the first day of

his/her illness.

Section 10. Sick Leave Entitlement

1. An employee is entitled to use sick leave to:

a. Provide care for family member who is incapacitated as a result of

physical or mental illness, injury, pregnancy, or child birth;

b. Attend to a family member receiving medical, dental, or optical

examination or treatment; r

c. Provide care for a family member who would, as determined by the health

authorities having jurisdiction or a health care provider, jeopardize the health of

others by that family member's presence in the community because of exposure

to a communicable disease;

d. Make bereavement arrangements necessitated by the death of a family 

member or to attend a funeral of a family member.
23

2. Sick Leave Usage Limits per Leave Year

a. An employee is entitled to use up to 104 hours (13 days) sick leave 

each leave year for the purposes outlined above.

3. Definition of a Family Member

a. The definition of family member covers a wide range of relationships, 

including spouse, parents, parents-in-law, children, brothers, sisters, 

grandparents, grandchildren, step-parents, step-children, foster-parent, 

foster-children, guardianship relationship, same sex-opposite sex domestic 

partners, and spouses or domestic partners of the aforementioned, as 

applicable.

b. When an employee requests sick leave to care for a family member,

the agency may require the employee to document his/her relationship with

that family member. Agencies should establish consistent rules and follow 

the same documentation requirements for all relationships, but agencies

have authority to request additional information in cases of suspected leave

abuse.

4. Requesting Sick Leave

a. To the extent possible, an employee is expected to request advance

approval for sick leave to attend to a family member who is receiving medical, 

dental, or optical examination or treatment, to care/or a sick family member, or

for bereavement purposes utilizing OPM Form 71.

5. Supporting Evidence for the Use of Sick Leave

a. When required by the Employer, an employee must provide 

administratively acceptable evidence or medical certification within fifteen (15) 

days of the agency request. If the employee is unable to provide evidence,

despite the employee’s diligent, good faith efforts, he or she must provide 

evidence within a reasonable period of time but no later than 30 calendar days 

after the agency makes the request. If the employee fails to provide the 

required evidence within the specified time period, he or she is not entitled to 

sick leave.
24

ARTICLE 12

LEAVE WITHOUT PAY

Section 1 . Bargaining unit employees will be granted leaves of absence without pay in

accordance with applicable laws and regulations. Approval of leaves of absence without pay

is subject to mission considerations and normally will not exceed a one-year period for each

application.

Section 2. Bargaining unit employee representatives elected or appointed to a Union office

or as a delegate to any Union activity may request leave to attend Union activities. Annual

leave will be utilized for these purposes. Where the employee has no more than

eighty(80) hours of annual leave due and accrued, leave without pay (LWOP) may be

granted for these purposes. Such requests will be submitted as far in advance as possible

but in no case less than five working days prior to the date leave is to begin. Consideration

will be given to granting LWOP when the five (5) workday deadline is not met and the 

bargaining unit employee provides a written explanation for the delay in 

requesting LWOP prior to the absence. LWOP will not be granted after the absence

has taken place. Leave granted for these purposes shall normally not exceed two weeks nor

will more than five (5) employees be granted leave for these purposes at any one time. No

more than two (2) such leave without pay periods will be granted for each bargaining unit

employee during a calendar year. The Union General Chairman may not be granted any

more than three (3) periods of leave without pay in a calendar year.

Bargaining unit employees accepting full time positions as Union representatives may be

granted leave without pay for the term of their office, or in one-year increments whichever

involves the lesser period of absence. No more than two (2) employees at a time will be

authorized this extended period of absence. Extensions beyond one (1) year may only be

approved by the Deputy Commander. Such extensions must be requested at least thirty (30)

days prior to expiration of the current grant. Not more than two (2) bargaining unit

employees at one time will be authorized this leave.
25

ARTICLE 13

CIVIC RESPONSIBLITIES

Section 1. Civic Responsibilities. If an employee is called to perform any of the civic duties

identified in this agreement, he/she shall promptly notify the Employer in order that

arrangements maybe made for her/his absence from the regular place of work The

employee shall present to the Employer acceptable evidence of the time served performing

civic duties.

Section 2. Court Leave. In the event that an employee is summoned for jury duty, or as a

witness on behalf of the Federal, State or Local Government, he/she shall be allowed to

request court leave for the time required from his/her normal work schedule to perform

such duties. The employee’s basic pay rate and any other paid entitlements will apply. In

all cases, the allowed court time shall be limited to that time necessary to execute required

jury duty or witness responsibilities, as well as reasonable travel time.

A bargaining unit employee on other than first shift who is directed to perform jury duty or

witness services during his/her non-duty hours may request a change of work schedule to

the first shift to correspond with the time of the jury duty or witness requirement. If the

employee requests the change of shift, court leave would be applied as appropriate; and any

shift differentials the employee was being paid on his normally assigned shift would still be

paid If the employee is placed on court leave, all fees received from the court, with the

exception of travel and parking reimbursement must be reimbursed to the government. If a

bargaining unit employee elects to work his/her regularly scheduled shift in addition to

performing jury duty or witness services during his/her non-duty hours, any fees received

from the court may be retained by the employee.

Section 3. Voting. Administrative excused time may be given employees to vote in national,

state, and local municipal elections or referendums. If employees are entitled to administrative

leave based on this agreement, or are requesting annual leave to vote due to extenuating

circumstances (i.e. travel distance, weather or traffic concerns), the leave will not be denied by

Management without the approval of the Deputy Commander. Bargaining unit employees will

be excused without charge to leave for the purpose of voting on the following basis:

1. If the bargaining unit employee’s registered polling place is within a radius of

50 miles, administrative leave will be granted for a period of up to three hours after

the polls open or up to three hours before the polls close, which ever will cause the

least period of absence from the assigned place of work. That is, if the polls are

open from 0700-1800, and the employee’s work schedule is 0730-1600, the employee

would be allowed one hour of administrative leave in the afternoon (the difference

between 1600 (end work time) and 1800 (polls close) is two hours, so up to one hour

of administrative leave would be available to equal the three hour window).
26

2. If the bargaining unit employee’s registered polling place is located outside a

radius of 50 miles, administrative leave will be granted for a period of up to four hours

after the polls open or up to four hours before the polls close, whichever will cause

the least period of absence from the assigned place of work. That is, if the polls are

open from 0700-1800, and the employees work schedule is 0730-1600, the employee

would be allowed two hours of administrative leave in the afternoon (the difference

between 1600 (end work time) and 1800 (polls close) is two hours, so up to two

additional hours of administrative leave would be available to equal the four hour

window).

For employees who vote in jurisdictions which require registration in person, excused time to

register will be granted on the same basis as for voting, except that no time shall be granted if

registration can be accomplished on a non-work day or during non-working hours.

Section 4. Charitable Donations. The Employer and the Union recognize that local and

national health, welfare, and emergency relief organizations depend largely upon voluntary

financial contributions for successfully achieving their objective, and jointly encourage

bargaining unit employees as individual citizens and as members of a community to contribute

their off duty time and personal financial resources to worthwhile organizations of the

bargaining unit employee’s choosing. However, the Parties recognize that such off duty

choices are of a personal nature and are not officially sanctioned by the Employer and may

not be pursued on duty time or on government premises.

Officially, the Parties recognize just one authorized charitable fund drive, the Combined

Federal Campaign (CFC). The Parties recognize that the CFC will be conducted in a

manner that provides for the greatest exposure and awareness of the campaign goals and

contribution opportunities, but that donation is purely voluntary by nature:

1. "Fair Share" donation suggestions may be used for guidance and education,

but the assignment of donation quotas, or any indication that a donation is mandatory

is prohibited.

2. Any individual who desires to keep his/her donation private may use any

envelope of his/her choice without his/her name being placed thereon, unless

he/she elects to do so.

3. A donor may also remain anonymous by submitting their donation online.

4. Supervisors will not solicit subordinates.
27

Section 5. Blood Donation. Provided there is an expressed need by local medical authorities

(i.e. physicians, Red Cross, blood bank, etc.) and employee’s absence is approved in

advance, employee shall be granted administrative leave not to exceed four (4) contiguous

hours in a work day for the purpose of making platelet donations and recuperating.

Employees are not permitted to accept payment for these services while on administrative

leave.

Provided that it is approved in advance, employees shall be granted administrative leave not

to exceed four (4) contiguous hours in a workday for the purposes of making blood

donations and recuperating from donating blood. This provision does not apply to

employees making blood donations for their own use or who receive compensation for giving

blood. Employees must provide documentation that supports their absence for the purpose of

donating blood or blood products.

Section 6. Emergency, rescue or protective work. Employees who are members of the Civil Air

Patrol or other similar organizations, whose service can be excused, may be granted excused

absence for up to three days to participate in emergency rescue or protective work during an

emergency such as fire, flood, or search operations. When an employee has requested and

received approval for excused absence in excess of one day for such activities, the employee

shall provide to the leave approving official a statement signed by a responsible official of the

local emergency organization certifying the employees' attendance throughout the period of

excused absence. This provision does not cover employees who respond to emergencies in

National Guard or Reserve status.
28

ARTICLE 14

SAFETY AND HEALTH AND VOLUNTARY

PROTECTION PROGRAM

Section 1. The Employer shall make every reasonable effort to provide and maintain safe

working conditions, and working environment. The Union will cooperate to that end and

encourage employees to work in a safe manner. All bargaining unit employees are required to

comply with the safety policies and programs of DLA Distribution Norfolk and Occupational

Safety and Health Act of 1970 and Voluntary Protection Program. Both the Employer and the

Union will promote and participate in achieving and maintaining Voluntary Protection Program

Star status.

Section 2. The Employer shall notify the Union promptly of all serious (lost time) occupational

accidents that occur. Bargaining unit employees will report all mishaps, near misses, and

unsafe/potentially hazardous working conditions to their supervisors all an immediate basis.

Bargaining unit employees can also use ESAMS or use other reporting mechanisms if they

wish to report hazards anonymously.

Section 3. No bargaining unit employee shall be required to work in areas where conditions

exist that are unsafe or detrimental to health without proper personal protective equipment

and safety devices as furnished by the Employer and determined by the Safety Officer.

When conditions are determined to be unsafe by the Safety Officer, the Safety Officer and

the Union Chairman shall immediate bring this to the attention of the Division Director

responsible for the area where the unsafe conditions exists. It is the Command's policy to

integrate safety into every work process, thereby creating a safe and healthy working

environment that positions job safety and occupational health at the forefront of our business.

To that end, we will abide by the policy "if it's not safe, we are not doing it." Every bargaining

unit employee has the right and responsibility to stop work if an unsafe condition exists.

Every bargaining unit employee is empowered and expected to correct unsafe conditions

within their control/capabilities.

Section 4. Bargaining unit employees will not normally be assigned to perform work outside

during extreme adverse weather conditions, such as hurricanes, blizzards, and violent winds

and/or rainstorms, except during emergency situations. In no case shall this provision be

interpreted to conflict with Article 2 of this agreement. During extreme heat and cold

conditions Employers will incorporate work/rest cycles into their work routines and, when

possible, distribute the work load evenly throughout the day. Work/rest cycles will be based on

the recommendations of the applicable Safety Officer. Ice will be provided when temperatures

in the work areas exceed 90 degrees. When temperatures exceed 90 degrees, at a minimum

employees are allowed a ten (10) minute break every hour, instead of the standard fifteen 

(15) minute break twice a day.
29

Section 5. Bargaining unit employees have the right to refuse to handle material that

exceeds the maximum weight indicated in their assigned position description without the

assistance of another person or material handling equipment (MHE) to avoid potential

injuries. Bargaining unit employees are expected to use good judgment related to material

configurations, locations, and weight when required to handle or move items that may

potentially cause damage or injury.

Section 6. Bargaining unit employees will be required to wear OSHA approved safety shoes

and other mandated Personal Protective Equipment (PPE) in industrial or other identified

areas of DLA Distribution Norfolk where and/or when tasks specify that PPE is required. The

Employer will provide the PPE required to safely perform the assigned task Employees are

required to properly maintain and inspect assigned PPE.

Section 7. The Employer will assign more than one employee when employees are engaged

in hazardous operations as determined by the Safety Officer.

Section 8. The Employer will arrange adequate space indoors for lunch breaks in order that

employees may eat or rest in comfort, and will furnish a locker for each employee in the Unit,

as required.

Section 9. The Employer agrees to make every reasonable effort to provide adequate

ventilated, climate controlled personnel carriers for use in transporting employees to remote

duty locations.

Section 10. The Employer agrees to make available on an as required basis, protective

clothing for employees who are required to work outside in the open in adverse weather

conditions meeting

Personal Protective Equipment (PPE) criteria or in work areas (reefer holds or boxes) where

unusually low temperatures must be maintained for the protection of material, stores or

provisions.

Section 11. Safety shoes will be provided on an annual basis. However an employee may be 

authorized an additional pair prior to the end of the 12 month period if the safety office 

determines the employees safety shoe require replacement. The safety shoes will be the

proper shoes for the work area of the employee. Employees will be given the option of getting 

their shoes from the safety truck or going to a EPA vendor store. In either case the employee 

will be responsible for any cost that exceeds the allowable amount. Employee may also

purchase approved safety shoes at a store of their choice and submit the bill for 

reimbursement for the approved amount. Reimbursement normally will be 45 to 60 days. 

Safety shoes will not be replaced due to employee's negligence.
30

ARTICLE 15

PROMOTIONS

Section 1. Selections within the bargaining unit will be made in accordance with Merit

Promotion policies established in accordance with the Office of Personnel Management and

Defense Logistics Agency Policies and instructions. Those policies and instructions shall be

in accordance with the Federal Personnel Manual, Code of Federal Regulations and other

directives of higher authority as applicable. Any procedures established separately or

changes to the policy other than those required by a change in regulations, will be subject

to negotiations.

Section 2. Merit promotion referral lists will be provided to the General Chairman upon

submission of an official request for information, when it is determined to be reasonably

necessary in order to discharge representational duties.

Section 3. It is understood that candidate referral list are considered valid for 180 days

from the closing date of the Job Opportunity Announcement, and that the Employer has

the right to recall a valid candidate referral list to fill a subsequent vacancy without

additional solicitation, validation or interviewing of the candidates.

Section 4. The General Chairman will be notified in a timely manner of individuals officially

selected for promotion to positions within the unit. Upon request to the Selecting Official an

employee who is non-selectedfor aposition will be afforded reasonable explanation as to

the merit based reasons for non-selection.

Section 5. The Employer agrees that all tests and interviews will be conducted during DLA

Distribution Norfolk or Regional Site core operating hours and the Employer will be sensitive

to providing opportunities that will reduce the impact on employee's personal time. The

bargaining unit employees will not be required to use leave for the purpose of participating in

tests or interviews when such tests or interviews are required under the DOD Merit

Promotion Selection Process. Allowed time and funding will not be provided for travel for the

purpose of interviews or testing.

Section 6. Temporary Promotions. The Employer agrees that a bargaining unit employee

temporarily assigned within or out of the bargaining unit to a higher level position for a

period in excess of ten (10) consecutive work days but no longer than one-hundredtwenty (120) total days within a calendar year, shall temporarily be promoted to the

position and receive the rate of pay for the position for which assigned, ifqualified under

applicable qualification standards. It is understood by the Parties that regulations limit noncompetitive temporary promotions, including details to higher level duties, to a total of 120

calendar days during a 365 day period.
31

Selection of personnel for temporary promotions will be made from among qualified

volunteers at the Section level. If no qualified volunteers exist at the Section level,

volunteers will be solicited at the Division, and then Department level. If more than one

employee volunteers, service computation

date (SCD) will be used to assign the promotion. Depending on circumstances, the

promotion may be rotated between qualified volunteers, using SCD to determine priority.

If a Union official or Union representative is temporarily assigned to a supervisory position,

such official or representative will relinquish all activities and duties as a Union Official or

Representative during the period of assignment.

Section 7 . Re-promotions. Career or career conditional bargaining unit employees who are

demoted to a lower rank without personal cause and as a result of a planned management

action (e.g. reduction in force, base reutilization and closure, etc.) shall be given special

consideration for re-promotion in accordance with governing laws and regulations. It is

understood that under certain circumstances, special consideration may not always result in

selection to the available re-promotion position.

Section 8. Job Announcements. Job announcements for valid vacancies will be found on

the USA Jobs Website. Upon request; the Employer agrees to provide instructions and

training to assist bargaining unit employees in setting up USAJobs accounts to enable them

to automatically receive DLA Job Announcements.

Section 9. Method of Selection. It is the Employer 's intent to fill vacancies with qualified

employees

from within DLA Distribution Norfolk, Virginia and the Regional Sites, by limiting the area

of consideration to DLA employees within the commuting area. If the Employer determines

that insufficient qualified applicants are available internally either prior to announcing the

position or following official evaluation of the candidates, the Employer may expand the

area of consideration and/or use non-competitive hiring authorities to promote recruitment

of the best qualified personnel to fill vacancies. Selection panels and behavior based

interviewing will be used for all vacancies with competitive promotion candidates in order to

maximize the opportunity to select the best qualified applicant for the available position. All

competitive promotion candidates working at DLA Distribution Norfolk or one of the Regional

Sites will be considered and invited to interview if they appear on the referral list for the

position.

Section 10. Notification. Notifications related to the status of resume submissions and of

selection actions will be initiated as a result of reviews, actions, and updates by Human

Resource personnel. The Employer does not have the access or capability to provide

notifications to bargaining unit employees regarding the status of resumes or selections.
32

Section 11. Rating/Ranking/Eligibility Grievances.Bargaining unit employees maygrieve an

ineligible determination or the ranking orrating of their applications for meritpromotion using

the following process:

1. Step 1. Formal Process: Ifdissatisfied with the decision received at the

informal level, the bargaining unit employee and/or the bargaining unit employee's

Representative may at his or her option, informally present his/her concerns to the

staffing specialist that is indicated as the point of contact provided on the Job

Opportunity Announcement, with within 15 calendar days after initial status

notification. The employee may present the issue verbally, via telephone, or in

writing, and will reference the announcement number/or the position. If the grievance

is presented orally, the point of contact will discuss pertinent facts with the employee

and/or Representative and will make adjustments, ifwarranted If the grievance is

submitted in writing, the point of contact will respond within fifteen (15) calendar

days.

2. Step 2 -Formal Process: If dissatisfied with the decision received at the

informal level, the bargaining unit employee and/or the bargaining unit employee’s 

Representative must notify the DLA Human Resources Office in writing within fifteen 

(15) calendar days after receipt of the Step 1 decision. The grievance must be dated

and signed, state the personal relief requested, and include copies of any documents

in the employee's possession that are relevant to the grievance. The DLA Human

Resources Office will issue a written decision within fifteen (15) calendar days after

receipt of the grievance.

3. The Union may invoke arbitration upon receipt of the Step 2 Formal Decision

under procedures contained in this Agreement.
33

ARTICLE 16

POSITION CLASSIFICATION

Section 1. The Employer retains the right to assign work to employees within the

bargaining unit Employee’s duties will be classified in accordance with Office of Personnel

Management Standards and other applicable guides and standards of higher authority. Any

bargaining unit employee may appeal at any time, the grade, title, or series assigned to the

job he/she is performing.

Section 2. When a bargaining unit employee feels that his/her position description is

inaccurate, he/she has the right to request a review of his/her position description. Such

request must be submitted in writing to the Supervisor of record. The Supervisor will take

actions to attempt to resolve the employee's concerns. When a disagreement arises a

bargaining unit employee and the Supervisor as to the accuracy of a job description, the

dispute maybe pursued by the bargaining unit employee through the grievance procedure at

which time they may also request an audit of their position by DLA Human Resources. DLA

Human Resources will determine most effective method for auditing the position using their

standardized process. At DLA Human Resources' discretion, audits maybe conducted via

telephone or through a site visit. The timeframe of the grievance will be extended by the

amount of time that is required to complete the audit. A written report of the audit will be

provided to the bargaining unit employee. Throughout the above process the bargaining unit

employee has the right to representation.

Section 3. Distribution ofPosition Descriptions:

1. Upon request, any bargaining unit employee will be furnished a current

copy of his/her position description.

2. Each newly hired bargaining unit employee will be furnished a copy of

his/her current position/job description, normally within 30 days or as soon as

practicable after reporting to work.

3. Any bargaining unit employee will be furnished a copy of any updated

changed or correct job/position description normally within 30 days of the final 

signed position description being received by the command.

4. The Union, upon request, will be provided with the current copy of a

bargaining unit Employee's position description.
34

Section 4. The clause in position descriptions stating: "Performs other duties as assigned"

will generally mean those miscellaneous duties normally associated with the trade, craft, or

occupation of the position.

Section 5. The Employer further agrees to compensate employees commensurate within the

assigned major duties and responsibilities identifiable within an establish position. In any case

where action is proposed to modify the description of any position in the bargaining unit that

will affect the title, series, or grade of the position description will be affected, it is agreed

that the proposed change will be discussed with the bargaining unit employee or

employees concerned and their Union Representative prior to affected date of the change.
35

ARTICLE 17

PERFORMANCE APPRAISAL SYSTEM

Section 1.The Performance Appraisal System will be administered in accordance with

applicable regulations. The performance objectives (as required by 5 CPR 430) will, to the

maximum extent feasible permit the accurate evaluation of job performance on the basis

of objective criteria and audit readiness requirements related to thejob in question for

each employee or position under the system. It is agreed that Management retains the

statutory rights of 5 USC Section 7106, to establish performance objectives. TheParties

agree that training for the Union and Management on the Performance Appraisal System

will be conducted as needed.

Section 2. Appraisals of bargaining unit employees' job performance will be made at least

annually, in writing. The results of performance appraisals will be used as a basis for

training, rewarding, reassigning, promoting, reduction in grade, retaining and removing

employees. The use of appraisal results will be in accordance with applicable regulations.

No final rating of record will be based on a period of less than 90 days of supervision under

a single supervisor of record.

Section 3. The Employer will ensure that adequate duty time is provided to properly

prepare and discuss Performance Plans, progress reviews, and performance ratings with

each bargaining unit employee. Informal discussion, including reviews of performance to

determine progress and problems should occur regularly throughout the appraisal period.

Supervisors are strongly encouraged to provide ongoing feedback in addition to the

scheduled progress reviews.

Section 4. The employee's Performance Plan will identify the critical performance 

objectives/elements for the appraisal period Critical performance objectives/elements will

be consistent with the duties and responsibilities contained in the employee's position

descriptions. Performance plans will, to the maximum extent feasible, permit the accurate

evaluation of job performance on the basis of objective criteria.

Supervisors and reviewing officials do not have the option of assigning weights to the

critical performance objectives. The Performance Plan shall be in writing and a copy provided

and discussed with each employee normally within the first 30 days of the appraisal period 

or after the employee has received his/her pe1formance rating.

Section 5. The supervising official will meet each subordinate bargaining unit employee at

the start of each appraisal period to discuss the contents of the employees' Performance

Plan. Prior to finalizing and issuing Performance Plans, employees will be encouraged to

participate and provide feedback in the establishment and/or substantial revision of
36

performance objectives. Ifthe employee disagrees with the Performance Plan established

by the supervisor, the employee will be allowed to make recommendations for changes

however, Management retains the right to determine the content of the Performance Plan.

The Performance Plan will be in writing and a copy of it will be given to the employee at the

beginning of the appraisal period.

Section 6. The supervising official will conduct at least one progress review at

approximately the mid- point of the appraisal period for the purpose of reviewing the

employee's work progress during the appraisal period. Should updating of the Performance

Plan, i.e. modification of performance objectives, be needed at any point during the

appraisal period the supervisor will discuss changes with the affected employees and

encourage their feedback in the modification of performance objectives.

Section 7. When management identifies a pattern of performance below the fully

successful level, the job training, formal training, counseling, etc. When an employee is

deemed to be performing at an unacceptable performance, what action must be taken to

improve his/her performance to an acceptable level, and what assistance will be provided 

by the Employer to help the employee improve performance (e.g. counseling, training,

closer supervision, periodic reviews of work). The employee will be advised that if

performance does not improve to an acceptable level, a reassignment, reduction in grade,

or removal action must be taken. The employee will be given at least 90 calendar days in

which to bring his/her performance to an acceptable level. At the end of the performance

improvement period, the employee will be reevaluated and informed in writing of their

performance. !f the performance has not improved to an acceptable level and corrective

action is necessary, the Employer may initiate a performance based action and give the

employee a written notice of the proposed action, i.e. to reduce in grade or remove. The

letter will set forth in detail, the basis for the action. Such notice will be given to the

employee at least 30 calendar days in advance of a decision on the proposed action and

will include a statement of the employee's right to representation. The employee will have

10 calendar days in which to respond to the proposed notice. The decision to take action

will be based on the reasons described in the proposed notice. Employees may seek and

receive Union representation at any step of ape1formance based action.

Section 8. At the end of the appraisal period, the employee's performance will be

evaluated by comparing the employee's actual performance with the performance 

objectives identified in that employee Performance Plan. As the first step and preparing

final rating, the supervisor shall give the employee ten (10) calendar days to provide a

written statement of accomplishments and/or other self- assessment related to fulfilling 

the requirements of the performance plan. The supervisor will consider this input during

the rating process: Providing an employee input statement is voluntary on the part of the

employee. Work related factors specifically relating to the employee's assigned duties
37

which are beyond the control of the employee will be considered before a rating is

assigned. Within 30 days of competition of the final appraisal by the supervisor, the

supervisor will discuss the basis for the rating with the employee. Ifthe rating of record is

less than fully successful, the rating must be approved by a reviewing official, prior to being

issued and discussed with the employee. The employee shall be asked to sign and date

the appraisal. The employee's signature does not indicate agreement with the rating, and

the rating is official even if the employee does not sign it. The employee may submit

written comments to be filed with the appraisal which becomes a part of the record. The

final appraisal of the employee's performance is the rating of record until replaced by

another appraisal.

Section 9. An employee may grieve a performance appraisal rating on a critical element in

accordance with the Negotiated Grievance Procedure. Performance-based adverse actions

maybe grieved through the Negotiated Grievance Procedure.

Section 10. The Employer agrees to inform the Union and the bargaining unit employees

of the provisions of any new Performance Appraisal Systems or changes to the existing

Performance Appraisal System prior to its formal implementation. New employees will be

provided general information concerning the Performance Appraisal System upon

establishment of their performance plans.

Section 11. The Employer agrees that the provisions of this article will be applied

impartially to all similarly situated employees. Authorized official time spent by Union

Representatives on representational matters will not be considered when appraisal their

pe1formance. Rather, Union Representatives will be appraised based only on the time

which they devote to the performance of official DLA Distribution Norfolk assigned duties.

Section 12. The Employer agrees to discuss the pe1formance plan with employees and to

assist employees and improving unsatisfactory work performance. Employees are

encouraged to discuss their work with their supervisors and to seek guidance and

assistance as necessary. At the employee's request, the Employer agrees to provide

general examples of fully successful performance, for any of the critical objectives/elements

during initial performance discussions, progress reviews and/or the discussion of the

annual rating. The general example shall be reasonably attainable based on the employee's

assigned duties and are not intended to be all inclusive.

Section 13. Progress reviews are considered to be official, documented discussion(s)

between the bargaining unit employee and his/her supervisor about the employee's

performance during the appraisals period. The supervisor shall give the employee ten (10)

calendar days to provide written comments after each progress review and/or rating

discussion. During progress reviews the supervisor will communicate accomplishments

achieved and/or performance deficiencies identified to date, during the current performance 

cycle. Any changes in performance during the rating cycle will be communicated to the

employee.
38

Communications between the supervisor and employee will include discussion and

documentation of objectives that cannot be rated due to circumstances beyond the

Employer's control, such as budget reductions, program termination, or manpower reductions.

The supervisor shall document all progress reviews and performance ratings on the

designated performance form{s). The documentation shall reflect that a discussion took

place and shall summarize the progress review. Ifthe employee disagrees with the

supervisor's progress review, he/she may provide comments of rebuttal in the space 

provided on the form. Upon request, the bargaining unit employee will provide a copy the

documented review.

Section 14. Forced distribution of ratings and/or quotas/or ratings are not permitted at any

rating level. This prohibition does not prevent management from making distinctions among

employees or groups of employees based on performance for other purposes, such as

award determination.
39

ARTICLE 18

REDUCTION-IN-FORCE

Section 1. Prior to announcing a Reduction-in-force (RIF) to employees, the Employer will

notify the General Chairman of any RIF in order to negotiate appropriate arrangements for

implementation of the specific RIF. The notice will be in writing and, when practicable,

provided at least 90 calendar days prior to the effective date of the RIF. The notice of RIF

will include the reason for the RIF, types and estimated number of positions to be abolished,

and the proposed effective date. Unless the particular circumstances beyond the

discretionary authority of the Employer dictate otherwise, affected employees will be notified

not less than 60 calendar days prior to the effective date. The parties recognize the benefits

of providing notification as early as reasonably possible. To the extent practicable, RIF

notices will be delivered in person.

Section 2. Procedures for bargaining unit employees adversely affected by a RIF are

governed by this Article and applicable regulations, including a RIF due to contracting out,

Transfer of Function or directed reassignment. As soon as possible following the

determination that a RIF may be required, the Parties will negotiate a RIF Memorandum of

Understanding separate from this Agreement, to govern the additional details, including

establishment of a Union RIF Coordinator and procedures associated the RIF, including

recommendations known concerning its implementation.

Section 3. The Chairman shall be furnished a list of names and classifications (title, series,

and grade) of bargaining unit employees affected by RIF actions concurrently with the

distribution of RIF notices. The Parties agree that declaring a bargaining unit employee

surplus does not reflect on the character of the bargaining unit employee nor does it have

bearing on the bargaining unit employee's retention standing.

Section 4. The Employer will recognize the bumping and retreating right of all employees,

including tl10se with approved leaves of absences, and will consider, in accordance with

existing rules and regulations, seniority, Veteran's preference, performance evaluations

and group and subgroup in cases of reduction-in-force.

Section 5. Any eligible career or career-conditional employee who is separated because of

RIF will be placed in the Priority Placement Program (PPP) in accordance with tl1e rules and

regulations of the Department of Defense and OPM such employees will be given preference

for rehiring within the job ratings.

Section 6. Bargaining Unit Employees who voluntarily accept demotion in lieu of separation

because of a reduction-in-force action must be qualified to perform duties of the lesser rated
40

position subject to exceptions provided in applicable regulations. Employees voluntarily

accepting demotions may be given special consideration for re-promotion. If such

consideration is given and the decision is made to no re-promote the employee, the Union

will, upon written request, be provided the reasons for the decision, provided the Union's

request is accompanied by the employee's written consent.

Section 7. Nothing in this Article shall be interpreted as to interfere with Management's

rights, as defined in Article 2 of this Agreement.

Section 8. In the event of a RIP, existing vacancies may be utilized to the maximum extent

possible to place bargaining unit employees in continuing positions that otherwise would be

separated from the service. In this regard, the Union RIP Coordinator will be notified of

vacancies to be used for this purpose. Itis understood that the Employer retains the right to

make final placement. All RIP actions will be carried out in strict compliance with applicable

laws and regulations.

Section 9. The General Chairman and the Union RIP Coordinator shall have the right to

review retention registers relative to RIP actions affecting the bargaining unit. In addition,

with affected bargaining unit employee's consent and in his/her presence, the Union

Representative shall have the right to review the employee's Official Personnel Folder and

other pertinent papers in connection with formulating RIP appeals.

Section 10. The Employer will consult with the Union RIP Coordinator concerning any work

changes that will result in a RIP affecting employees in the bargaining unit. Further, the

Employer will consider reassignment and retraining to minimize displacement actions

incurred by a RIP. Consideration will be given to retain career employees in accordance with

governing regulations/law prior to hiring from outside of DLA Distribution Norfolk, Virginia.
41

ARTICLE 19

DETAILS

Section 1. It shall be the policy of the Employer not to require lower graded employees to

perform higher level duties without appropriate compensation.

Section 2. The Employer shall maintain accurate records of all employees who are assigned

to higher level positions for more than eight (8) hours but less than ten (10) consecutive

workdays, and to make such records available to the Union upon request; copies of these

records will be provided to the employee semiannually at his/her request.

Section 3. Detailing Employees. In this Article, "detail" means assigning a bargaining unit

employee to another position with the expectation that the employee will return to the official

position of record upon expiration of the detail. For the purposes of pay (to include any

applicable shift differentials) and benefits, the bargaining unit employee will continue to

encumber the position from which detailed

Section 4. When it becomes necessary to detail bargaining unit employees, qualified

volunteers will first be solicited from the area where the detailed employees is/are to be

assigned from. Ifmore volunteers are received than are needed, the most senior

employee will be assigned. If insufficient volunteers are obtained, then assignment will be

made based on reverse seniority as follows; the least senior qualified employee will be

detailed provided he/she has not been detailed within the last 6 months period. If the least

senior qualified employee has been serving all or part of a detail within the last 6 months,

then the next least senior qualified employee will be assigned. Nothing precludes an

employee from volunteering for multiple details within a six (6) month timeframe. The

above procedure will be adhered to absent any unusual skill requirement or other unusual

circumstances, which would impact the ability to accomplish the work and will provide the

basis for excluding volunteers from being considered/or the detailed position(s).

Section 5. Time limits. Details will not normally exceed 365 days.
42

ARTICLE 20

CONTRACTING OUT OF BARGAINING UNIT WORK

Section 1. Itis recognized that the contracting out of work within the Bargaining Unit is an

area of discretion of the Employer and higher authority. The Employer will consult with the

Union concerning any contemplated contracting out of work that could adversely affect

employees in the Bargaining Unit or result in a reduction-in-force (RIF). The Employer will

consider such actions as reassignment, restricting in-hire and other actions as a means of

lessening the impact of the reduction-in-force (RIF) on Bargaining Unitemployees.

The Parties recognize the benefit of timely sharing of information regarding contemplated

contracting out to include business case analysis.
43

ARTICLE 21

WAGE SURVEYS

Section 1. Itis agreed that the Union shall have the right to request that area full scale and

wage change surveys be conducted when significant industry wage raises have taken place

in the area, and that such request and substantiating data shall be promptly forwarded to

higher authority.

Section 2. The Employer shall notify the Union as soon as possible when information is 

received that DOD has directed the start of an official wage survey for DLA Distribution

Norfolk.

Section 3. The Employer agrees that an appropriate Committee (not to exceed three (3)) of

the Union shall be excused from work, on administrative excused leave, for the purpose of

appearing before the Local Wage survey Committee to make representations on behalf of

employees in the bargaining unit, on dates which the Local Wage Survey Committee

schedules for this purpose.
44

ARTICLE 22

COMMITTEES AND COUNCILS

Section 1.TheEmployer recognizes the following management directed councils and has

established UnionRepresentative and bargaining unit employee membership as follows:

1. Corporate Culture Council

a. One IAM &AW UnionRepresentative

b. The target ratio of bargaining unit employees (regardless of

Union affiliation to Management is 1:1

c. Personnel will be invited to participate based on established

criteria, however, participation is voluntary.

2. Safety Culture Council

a. One IAM &AW UnionRepresentative

b. The target ratio of bargaining unit employees (regardless of Union 

affiliation) to Management is 1:1.

c. Personnel will be invited to participate based on established criteria,

however, participation is voluntary.

d. Voluntary Protection Program (VPP) Executive Council

e. One IAM &AW UnionRepresentative

f. Remaining membership is directed by Council Charter

Section 2. The Employer recognizes the following standing committees, and has established

Union Representative and bargaining unit employee membership as follows:

1. QuarterlyAwards Selection Committee:

a. One IAM&AW Union Representative

b. TwoIAM&AW two (2) bargaining unit employees

c. Membership of three (3) is voluntary
45

2. Area Safety Representative (ASR) Committee

a. Membership is voluntary

b. All bargaining unit volunteers are accepted as members

3. Area CultureRepresentative (ACR) Committee

a. Membership is voluntary

b. All bargaining unit volunteers are accepted as members

4. CulturalCouncilSub-Groups

a. Membership is voluntary, but has a limited number of members

b. Members will be selected based on Council Sub-Group criteria

Section 3. Employees may not be members of more than two committees/councils in a calendar

year. Members of the councils and or committees will be replaced if there are good and sufficient

reasons. Terms of membership may be governed by documented committee ground rules and/or

bylaws.

Section 4. Management will make every effort to support employee participation in councils

and committees and to plan/schedule the time required to participate. However, it is

recognized that mission requirements or extenuating circumstances may occasionally take

precedence. Employees who are members of committees/councils are agreeing to jointly

participate, promote and support the goals and responsibilities of the committees/councils.

Section 5. When additional committees/councils are established by the authority of the

Deputy Commander, Union representatives and bargaining unit employees will be invited to

participate as appropriate to properly represent Union bargaining unit interests and concerns.
46

ARTICLE 23

PLANT VISITATION BY UNION REPRESENTATIVES

Section 1. The Employer or his designated representative will favorably endorse

applications from authorized local Business and International Representatives of the

International Association of Machinist and Aerospace Workers for access passes to visit

Naval Station, Norfolk, Virginia, to visit DLA Distribution Norfolk and Regional Sites to

carry out the functions prescribed by this Agreement or as may be permitted by the

Employer or regulations.Itis agreed and understood that the use of such passes will be

in accordance with Naval Station Norfolk and DLA Distribution Norfolk regulations and

the provisions of this Contract. Itis further agreed and understood that compliance with

such rules, regulations, and the provisions of this Contract is a prerequisite for the

continuance of this privilege.

Section 2. It is agreed by the Union that prior to Union representatives visiting work sites

at the DLA Distribution, Norfolk, Virginia, and the Regional Sites, the Deputy Commander

or a designated representative of DLA Distribution Norfolk, Virginia will be advised of the

intended visit and purpose.
47

ARTICLE 24

UNION REPRESENTATION AND OFFICIAL TIME

Section 1. The Employer recognizes the Union as the exclusive collective bargaining

agent for all bargaining unit employees covered by this Agreement. The Employer

further recognizes the right of the Union to designate representatives from among the

employees in the Unit. The Employer agrees to recognize the Representatives who have

been designated by the Union in writing by letter to the DLA Distribution Norfolk Deputy

Commander. The Employer and the Union agree that all meetings held shall be joint

meetings with both parties having equal status at both parties will have equal status at

all meetings held between Labor and Management.

Section 2. An bargaining employee who alleges that he/she has a grievance or

complaint shall be allowed time to discuss his/her grievance or complaint with his/her

designated Union representative, or, when a conflict of interest exists between an

employee and the designated representative, at the employee's request another

representative may be designated by the General Chairman. The designated Union

Representative will also be allowed a reasonable amount of official time to investigate

and process the bargaining unit employee's grievance. Such procedures may require

discussion with other employees within the bargaining unit and/or representative of the

Employer in order to evaluate the facts and carry out the Union's responsibilities under

the terms of this Agreement and the Federal Service Labor-Management Relations

Statute.

After supervisory permission has been obtained, discussions between Union

representatives and bargaining unit employees shall normally be conducted at the

employee's work site provided the environment is conducive to reasonable privacy. If this

is not the case, an alternate location which is mutually agreeable with the bargaining

unit employee's supervisor and representative will be utilized. The General Chairman will

ensure the Union Office is used only for official Union representational functions and will

guard against an excessive number of representatives performing this function at the

same time.

Further, the Union Office is not to be used for employees to meet with any Union

representative except in cases of preparation for third party proceedings such as

arbitration unfair labor practice submissions, and/or meetings with Union Business

Representatives. Occasionally it may be necessary for the General Chairman to

request permission from an bargaining unit employee's supervisor to meet with the

employee in the Union Office. Such meetings are to be kept to a minimum and are for

the purpose of the General Chairman meeting exclusively with a bargaining unit

employee regarding matters specifically relating to the terms of this Agreement.
48

Section 3. The Employer will recognize one General Chairman of the IAM&AW Lodge

97 as being on 100% Union time, and the Assistant General Chairman of IAM &AW

Local 97 as being on 50% Union time. Whennotified by the General Chairman, the

Employer will recognize theAssistant Chairman as the acting General Chairman in the

absence of the General Chairman from the DLA Distribution Norfolk In this capacity, the

Assistant General Chairman will perform the duties of and be accorded the same

rights, to include I 00% allocation of official time, andprivileges granted to the General

Chairman. Itis recognized that the General Chairman is responsible for assisting all

representatives in fulfilling their obligations to the employees of the bargaining unit and

the Employer. Itis understood, however, that this assistance will not be of a nature or

extent that substitutes for or interferes with a proper and desirable relationship between

appropriate supervisory personnel and Union Representatives. In recognition that

improvements in employees management cooperation may be brought about through

constructive activities on the part of the General Chairman, the Employer agrees to

permit sufficient freedom of movement and availability of the General Chairman to fulfill

this obligation to the employees of the Unit and the Employer.

Prior to visiting any work area the General Chairman or Representative not normally

assigned to that work area will notify the Supervisor or the responsible management

official of the area. All proper entrance and security procedures will be adhered to at all

times. In this regard, the Union will cooperate with the Employer in ensuring that its

representatives engage only in such activities as are authorized and the time used will

be the minimum necessary to carry out the Union's responsibilities. The General

Chairman shall keep the Employer informed of those employees selected as Union

Representatives.

Section 4. Recognized Union representatives will be free to execute their right to

advance the best interests of and fully protect bargaining unit employees and engage in

activities set forth in this Agreement on behalf of the Union. No recognized Union

representative will be restrained, coerced, intimidated or discriminated against because

of activities on behalf of the Union, nor will any such representative be denied any right

or privilege otherwise entitled to him because of his serving as a Union representative.

Section 5. Official Union activities for which it is appropriate to grant recognized Union

representatives official government time to accomplish are:

1. Negotiations over the impact and/or implementation of changes in conditions

employment of bargaining unit employees which occur during the term of this

Agreement

2. Participation informal discussions

3. Investigation, preparation, filing and processing grievances in accordance

with the negotiated grievance procedure

4. Preparation for and attendance at management initiated meetings, not

otherwise described in this agreement, when invited
49

5. Participation on committees or panels as authorized by this agreement.

6. Preparationfor andparticipation in proceedings before theFederal Labor

Relations Authority (FLRA)inaccordance with FLRA's rules and regulations, and

other thirdparty hearings.

7. Assisting an employee, when designated as their representative, in

preparing a response to a proposed disciplinary or adverse action.

Section 6. Non-official Union activities concerned with organizing efforts and the internal

management of the Union will be conducted by Union representatives only during nonwork time of the employees involved. These activities include solicitation of membership,

collection of dues or other assessments, circulation of signatures on dues authorizations,

Union specific training, campaigning for Union officer positions, and distribution of

literature.

Section 7.Other than the General Chairman andAssistant General Chairman, who will

be assigned a basic work week of Monday through Friday, UnionRepresentatives will

maintain the work schedule of their assigned workpositions. Exceptions to this shall be

for mission requirements, orin cases of voluntary requests, and subsequent approval

of,an assignment of a different work schedule. Within different organization elements or

work sites, it is understood that the hours of work may vary within the basic work week. 

Ifchanges in the basic work are necessary due to workload requirements, normally the

Employer will provide notification to the General Chairman of the anticipated duration of

the change. The affected representative will be returned to their original schedule when

the need for their services has diminished.

Section 8. When a Union representative has a need to stop work to perform

representational duties authorized by this Agreement, written permission shall be

obtained from his/her immediate supervisor, if available, or the next higher level

supervisor, who is available. Written permission shall be documented on the Interactivity

Pass or other form agreed to by the parties. The supervisor shall make the form

available upon request. The representative will be responsible for ensuring that

complete documentation is provided on the form. Prior to leaving the work area the

Representative's name, original destination, subject of business, time out, expected

duration of the absence and supervisor signature, will be placed on the form. Upon the

representative's return to work, the "time in" shall be documented on the form and

returned to the supervisor for his initial. Whenever possible, the Supervisor will allow

up to two (2) hours to conduct representational duties, however, the representative will

conduct the representational responsibilities in the most efficient manner possible and

will return to the workplace as soon as the representative duties are completed. !f it is

not possible for the representational duties to be completed within the two hour

timeframe, the representative will contact his supervisor of record to request additional
50

time to complete the task(s). It is understood that mission requirements may place

limitations on the amount of time a representative may be excused from the job to

perform representational duties. The time limitation is less than two hours, it shall be

documented on the accountability form. Itis also recognized that pern1ission to leave

the work area, or to extend the time away from the work area can be denied based on

mission requirements. In such cases the supervisor and the representative will agree

to an alternate time when the work situation will permit temporary absence from thejob.

In no case will the Employer deny representational time as a form of harassment or

reprisal. The Union representative shall contact the supervisor orthe responsible

management official of the employee/grievant to ensure excusal from work is

permissible. If the bargaining unit employee/grievant is unavailable at that time, the

supervisor will advise the representative when the employee can be excused.

Section 9. The Union agrees to conduct their business in an efficient manner.

Telephone communications will be used where practical in a reasonable effort to

conserve time. In this connection, supervisors will make existing telephone facilities

available to the Union for non-toll calls. It is expected that both parties shall exercise

prudent judgment and common courtesy in regards to telephone usage.

The Employer will make available telephone facilities and reasonable access to suitable

spaces for the bargaining unit representatives for use in representing unit employees. 

Suitable space to conduct meetings with bargaining unit employees and management

will also be provided at all DLA Distribution Norfolk, Virginia Regional sites where

bargaining unit employees are assigned. The General Chairman and the Assistant

General Chairman will be assigned suitable office spaces and provided with appropriate

furniture, computers, and land line telephones for use in conducting Union business.

DSN access, instead of commercial toll calls will be used when possible to minimize

costs associated with providing representational support to bargaining unit employees at

geographically remote locations.

Section 10. In the interest of harmonious relations, the Union will guard against the use

of excessive official time by its representatives in handling appropriate official Union

activities. Any determination by the Employer that any Union representatives approaching

the point where his or her use of official time for representational purposes would be

excessive, he or she will be appropriately cautioned and the General Chairman of the

Union notified. Both sides will strive to seek an equitable settlement in these

circumstances. If the point of excessive use is reached, the Employer shall exercise

his/her right to withhold approval of official time or representational purposes.

Section 11. Normally, Union representatives at a level below the General Chairman will

not leave the base to conduct Union business. If unusual circumstances arise requiring a

representative to leave their assigned place of work, approval will be requested by the

General Chairman to the Deputy Commander. The request will include basis for the

requirement and submission of an accountability form .
51

Section 12. For purpose of requesting and scheduling Union related training for the

General Chairman, the point of contact will be the office of the Deputy Commander, DLA

Distribution Norfolk, Virginia. Each Union representative will be allowed up to 24 hours of

official time per calendar year for the purposes of increasing awareness and

understanding of management-labor relation related skills and tools. Training for Union

representatives must be requested and scheduled with the supervisor of record and will

be approved bases on mission requirements and the mutual benefit of the training to the

Union and management.

Section 13. The parties agree that communication is in the best interest of everyone. In

this regard, a monthly meeting will be held between the General

Chairman/Representatives and the DLA Distribution Norfolk, Virginia Commander/Deputy

Commander. The Union will also be invited to participate in management level meetings

intended to provide general stats, strategic direction and information. As appropriate,

and upon request by the General Chairman, meetings may be scheduled to address

specific concerns and Union interest items at the section, division or departmental or

command level.

Section 14. The parties recognize the rights of the Employer to assign work to

bargaining unit employees and maintain efficiency of DLA Distribution Norfolk, Virginia,

operations as set forth by Article 2 while recognizing the Union's need for stabilization

in its representation staff In order to accomplish the above the parties agree to the

following:

1. Where there are bargaining unit employees within the same rate

performing the same assignments in a section who are also qualified to perform 

assignments in another DLA Distribution Norfolk, Virginia section, the Union

representative will be the last such employee to be moved from the section to

perform those assignments in another section. In case of a temporary move

(less than 6 months), the Union representative will also be the first such

employee moved back provided he/she is qualified to do the assignments upon

return.

2. Any schedule changes planned for representatives will be discussed

between the Deputy Commander and General Chairman prior to implementation.
52

ARTICLE 25

DISCIPLINARY ACTION

Section 1. Disciplinary action is defined as a letter of reprimand or a suspension of fourteen

(14) calendar days or less. An adverse action is defined as a removal, suspension of more

than fourteen (14) calendar days, reduction in grade, reduction in pay, or furlough of thirty

(30) calendar days or less. For purposes of this article both actions shall be governed by the

procedures set forth below for disciplinary actions in general, except where clearly not

applicable (e-g- investigation procedures in non-disciplinary actions such as informal warning,

performance-based actions, reduction-in-force). Disciplinary actions shall be taken for just

cause and will be in accordance with applicable regulations. A supervisor may choose not to

take disciplinary action in favor of some form of informal written or verbal warning when the

supervisor determines this alternative will accomplish the same purpose as a disciplinary

action, that is, to correct the offending bargaining unit employee, maintain morale among

other bargaining unit employees and to promote the efficiency of the service. Such informal

warnings shall be a private matter between the bargaining unit employee and the supervisor

and shall be subject to challenge under the Negotiated Grievance Procedure at such time as

they might be used or referred to in support of disciplinary action. In proposing an action, the

Agency will consider the freshness of any warnings previously issued.

Section 2. The Employer agrees that a bargaining unit employee may request

representation by a Union Representative if during an investigation by a representative of

management the employee reasonably believes that disciplinary action may result. Notices

to this effect will be posted on official bulletin boards throughout the activity and publicized

annually. If Union representation is requested, the investigation will be stopped to allow

Union representation which the Union will provide within reasonable time (Normally within

one (I) work day, except in cases where the nature of the situation will not permit such a

delay).

Prior to question by an activity pre-action investigator, the employee and Union

representative will be told the essence of the issues and be allowed a brief (not normally

more than five (5) minutes) private meeting during which the Union representative may

properly advise the employee. The represented employee will then respond to all questions.

Subsequently, the employee may also submit a written statement or other relevant

documents if desired. As part of this written statement, the employee may note their

objections to any of the questions asked during the investigation. This written statement

shall be made part of the case file. The parties agree that giving false answers or refusing to

cooperate with the investigation is a breach of the employment relationship.

Nothing in this Article shall be interpreted to apply to any routine dialogue between

supervisor and bargaining unit employee regarding the timely and orderly accomplishment of

day-to-day work. An employee who receives a notice of proposed suspension or adverse
53

action shall have the right to representation by the Union. The Union shall automatically have

the right to be present throughout the disciplinary proceedings unless the bargaining unit

employee states in writing that he/she does not desire the Union's presence.

Section 3. To be effective, disciplinary actions should be timely. Therefore, it is the desire

of both parties that, when determined warranted, disciplinary and adverse actions will be

processed in an expeditious manner.

Section 4. Disciplinary action defined in Section 1 above may be appealed only through the

parties' Negotiated Grievance Procedure, Article 27, and will be introduced at the

appropriate next level above where the action was effected. The bargaining unit employee

may only be self-represented or represented by the Union. Employees shall have at least

ten (10) calendar days to answer any proposed disciplinary action. All information relied on

in support of the proposed action will be made available to the employee and the

representative to prepare a reply. The bargaining unit employee will receive a written

decision at the earliest practicable time which permits careful and just consideration of all

information offered in any reply. All information relied upon in such support of the final

action shall be made available to the bargaining unit employee and the Union representative

in connection with any grievance.

Section 5. Adverse actions defined in Section 1 above may be appealed to the Merit

Systems Protection Board or through the parties' Negotiated Grievance Procedure, but not

both. Once a written appeal is initiated under either procedure, the selection may not be

changed. An employee is entitled to at least thirty (30) calendar days advance notice of an

adverse action, unless there is reasonable cause to believe the employee has committed a

crime for which a sentence of imprisonment may be imposed, or except for other reasons

authorized by law of OPM regulations. A bargaining unit employee will normally be given at

least ten (10) calendar days to reply and may be represented by the Union in preparing

and presenting an oral and written reply. All information relied on in support of the proposal

will be made available to the employee and representative in order to make a reply. An

employee will receive a written decision at the earliest practical date which permits fair and

just consideration of all information submitted in any reply. The written decision will be

issued prior to the effective date of the action. An employee who appeals an adverse action

through the parties' Negotiated Grievance procedure may only be represented by the

Union. An employee who appeals an adverse action to the Merit Systems Protective Board

is entitled to representation of their choosing.

Section 6. Appeals of all disciplinary actions described in Section 1 of this Article can only

be processed through the Negotiated Grievance Procedure, Article 27, and will be introduced

at the appropriate next level above where the action was effected.

Section 7. When a management official other than the supervisor of record is conducting

the disciplinary pre-action investigation, he/she will identify him/herself, and state the

purpose of the inquiry. When a bargaining unit employee reasonably believes that an
54

investigation by any management official may result in disciplinary action, he/she has the

right to request Union representation. Once the bargaining unit employee requests Union

representation, the investigation will be stopped until Union representation has been

provided. Management will contact the General Chairperson, who will, as soon as

practicable, but not later than close of business of the next regularly scheduled shift, provide 

a Union representative. All bargaining unit employees will be advised of this right in writing

on an annual basis. A written notification of these rights will also be provided to all new

bargaining unit employees with a copy of this agreement. In addition, after the

management official has completed his/her investigation and determines disciplinary action

(e.g. letter of reprimand, removal) should be taken, the employee shall be notified of his/her

rights in the presence of his/her Union representative. He/she shall have the right to 

representation by his/her Union representative in any further dealings with his/her supervisor

of record and/or management officials concerning said action. In the event a bargaining

unit employee grieves a final notice of a disciplinary action, the procedures of this article,

including representation, will apply.

Section 8. The Employer will impose such penalty as suits the offense considering all

relevant factors, including but not limited to the nature of the offense, timeliness of the

disciplinary action, the bargaining unit employee's length of service, past record, nature of

position, past application of penalties for like offenses within the bargaining unit and any

extenuating or mitigating circumstances (commonly referred to as the Douglas Factors). 

The servicing Human Resource Office will provide data on disciplinary actions to

management and Union upon request. Either party may request a meeting to discuss the

data.

Section 9. Prior to implementing the penalty imposed by a final decision, a Deciding

Official may consider offering an abeyance agreement or alternative discipline program to a

bargaining unit employee. Ifa bargaining unit employee accepts this offer, the penalty will 

be held in abeyance in accordance with the terms and conditions of the agreement. The

Union will be provided with copies of all relevant documentation after representation has

been established. Violation of the terms of the abeyance agreement or alternative discipline

program by the bargaining unit employee will be cause to implement the original penalty, and

may be considered as a separate disciplinary matter.

Section 10. Unless there is a subsequent event of misconduct within the timeframe, a letter

of caution or written admonishment will be held by the supervisor for one year, however,

upon bargaining unit employee request, the letter of caution or admonishment can be

considered for cancellation after .six (6) months provided the bargaining unit employee's

conduct has been satisfactory.

Section 11. Adverse actions are defined as removal, suspension for more than 14 days,

reduction in force or pay, furlough without pay of 30 days or less, and other matters as

defined by USC 5.
55

Section 12. In the event of a bargaining unit employee is issued a proposed notice of an

adverse action, the deciding official, upon request and prior to the notice of decision, shall

meet with the bargaining unit employee and their Union representative for the purpose of

receiving the employee's response to the proposal. Witnesses, as requested by the Union

and/or considered relevant by the deciding official, shall be called without loss of pay. It is

further agreed that, upon written request of the Union, relevant records of the Employer shall

be made available to the Union for their use in substantiating the claims of the Union.

Section 13. Decisions on adverse actions shall be delivered to the bargaining unit

employee at least three (3) work days prior to the effective date of the action. However,

decisions on removals may be delivered on the effective date of the action.

Section 14. Appeals of Adverse Actions as described in Section 1 of this article, can be

processed through the negotiated grievance procedure of this agreement starting at the step

above the level that the action was initiated, or through the Merit Systems Protection Board,

but not both.
56

ARTICLE 26

PRIVACY ACT AND OFFICIAL RECORDS

Section 1. Bargaining unit employees will not be required to waive any legal rights afforded

under the Privacy Act in accordance with law, rule and/or regulation.

Section 2. Bargaining unit employees will have access to their official personnel information

through the government's Electronic Official Personnel Folder ( eOPF) system. Official 

personnel records held in eOPF will be collected, maintained, retained, and purged in

accordance with applicable laws, policies and regulations, and this Agreement. This will

include the proper safe guarding of Personally Identifiable Information (PII).

Section 3. Bargaining unit employees who believe their Electronic Official Personnel Folder

( eOPF) contains inaccurate information should bring the matter to the attention of the Defense

Logistics Agency Human Resources Office.

Section 4. The Employer does not typically maintain or have access to medical records. 

However, a bargaining unit employee will be permitted to review any medical related

information the Employer may be maintaining upon request. With properly executed written

authorization by the employee, an employee's Union Representative, or healthcare provider 

may also be permitted to review such medical information.

Section 5. Should an outdated disciplinary action record fail to be removed in a timely

manner from the Electronic Official Personnel Folder ( eOPF), the record will not be used to

support any personnel action detrimental to the employee and will be promptly removed upon

being brought to the attention of the Employer and/or the DLA Human Resources Offices.
57

ARTICLE 27

GRIEVANCE PROCEDURE

Section 1. The purpose of this Article is to provide an orderly and sole procedure for

processing grievances of the parties and bargaining unit employees except as specifically

excluded in this Agreement. A grievance is a complaint concerning any matter relating to

the employment of an employee; or a complaint concerning the effect, interpretation, or

misapplication of any law, rule, or regulation affecting conditions of employment.

Section 2. Matters excluded from this grievance procedure are as follows:

1. Any claimed violation of Subchapter III of Chapter 73 of Title 5, United States 

Code (relating to prohibited political activities).

2. A merit promotion rating/ranking which places an employee within selection

range consideration, or a non-selection for promotion from a group of properly ranked

and certified candidates.

3. Termination of a temporary promotion or time limited appointment.

4. Reassignment or demotion of a bargaining unit employee to a non-supervisory 

or non- management position during the probationary period required for new 

supervisors.

5. Notice of proposed action, which if effected would be covered by the grievance 

procedure (e.g., a notice of proposed suspension).

6. The contents of a performance plan (critical elements and option work plan). 

This exclusion does not preclude grievance regarding a failure to meet regulatory 

requirements or failure to meet DLA requirements for joint employee/supervisor 

participation and performance plan development.

7. Memorandums for the Record (documentation of discussion used for

recollection).

8. Issuance of a Performance Improvement Plan (PIP).

9. Matters appealable to the Merit Protection Board.

10. Retirement, life insurance or health insurance.

11. Suspension or removal under Section 7532 of Title 5 United States Code 

(relating to national security).

12. Any examination, certification or appointment.
58

13. The classification of any position which does not result in the reduction in grade or 

pay of an employee.

14. Any actions involving the separations of temporary, probationary (those with less 

than one (I) year of service), and intermittent employees. (Note: This does not preclude 

the Union from discussing such separations with an appropriate official of the Employer.

15. Letters of caution or admonishment or oral admonishment (unless cited in support 

of a formal disciplinary action).

16. The granting or recommendation of, or failure to grant or recommend, an 

employee for performance or honorary award.

17. The determination of the critical performance objectives for an employee's

position.

18. Appraisals other than the annual rating of record

Section 3. Bargaining Unit employees using this procedure will be represented by the Union

or shall represent themselves. If an employee is presenting a grievance on his own behalf,

the Union shall have the right to be present during the grievance proceedings. A grievance to

be valid for processing under this Article shall be taken up with the employee's immediate

supervisor or in the case of a grievance by one of the parties, with appropriate

representatives of the Union or the Employer, within fifteen (15) calendar days after the act or

occurrence of the matter out of which the grievance arose. Grievances initiated after the

fifteen (15) day time limit shall not be presented or considered at a later date except in cases

where it is shown that the employee or complaining party could not reasonably have been

aware of the action grieved.

In the case of appeal from suspension of fourteen (14) days or less, the matter must be

appealed not later than fifteen (15) calendar days after the effective date of the action (first

day of suspension).

The Union may file grievances on behalf of affected employees. Grievances filed by the Union

shall be filed by the General Chairman of Lodge 97 or appropriate officer of the Union (Chief

Steward, Steward or elected officer). When an employee is grieving a disciplinary action, the

grievance will be taken up at the supervisory level above that of the supervisor taking the

action. Time limits prescribed in this Section and Section 6 may be extended by the mutual

consent of the Employer and the Union when either party presents good and sufficient reason.

Section 4. In presenting a grievance at any step of the grievance procedure, the grievance

will be in writing on the mutually agreed upon grievance form. Either the aggrieved

employee or his representative will inform the appropriate management official of the

Employer that he is presenting a grievance for processing under this Negotiated Grievance

procedure. The grievance shall include all of the information requested on the form in

sufficient detail so that the issue is understood by the Parties.
59

Section 5. The parties agree that in order to foster a harmonious relationship, issues and

grievances should be resolved at the lowest possible levels. The following procedures will

apply in processing grievances under this Article:

1. It is agreed that, prior to filing a written grievance at Step I , the Union 

representative, the supervisor and, if considered necessary by either party, the affected 

bargaining unit employee, will meet for an informal discussion of the issues. The parties 

agree that in order for the process to be effective the discussion must be open and 

honest with a sincere desire by both parties to resolve the issue. The discussion must 

remain free of personal attacks and hostility.

2. Nothing in this article shall preclude the parties from mutually agreeing to extend 

the timeframes indicated in this article in the meeting request form.

3. In any case if the issue is not resolved through this informal process, the 

grievance must be put in writing and begin Step I of the grievance procedures seven (7) 

work days after the informal process is decided.

Step I. The grievance shall be submitted by the Union in writing, along with the resolution

meeting form, on the grievance form to the appropriate supervisor, i.e., that official who took

the action and has authority to grant the corrective action (normally supervisor of record).

The supervisor will meet with the employee and the appropriate Representative within seven

(7) calendar days of receiving the Step I grievance to hear the oral presentation of the

grievance. The supervisor shall provide written answer to the grievance within seven (7)

calendar days of the meeting date. If a mutually acceptable agreement is reached, the

matter will be closed.

Step 2. If Step I r e s p o n s e is not satisfactory, the grievance shall be submitted by the

Union in writing on the grievance form within seven (7) calendar days from the date of the

decision at Step I to the Department Director. The department director or his/her designated

representative at the division director level, will meet with the Union and the grievant within

seven (7) days of the receipt of the Step 2 grievance to hear the oral presentation of the

grievance. Other personnel having knowledge of the matter being grieved and who may be

helpful in resolving the matter may also attend the meeting as witnesses. However, the

witness will be limited to the time he/she is giving testimony. The department director or his

designated representative will render a written decision within seven (7) calendar days after

the meeting. If a mutually acceptable agreement is reached, the matter will be closed

Step 3. If Step 2 response is not satisfactory, the appropriate Union official may, within ten 

(10) calendar days of the Step 2 decision, submit a written grievance to the

Commander/Depot Commander. Within fifteen (I 5) calendar days of receipt of the

grievance, the Commander/Depot Commander or his designated representative will meet

with the Union and the grievant to hear the oral presentation of the grievance. Other

personnel having direct knowledge of the matter out of which the grievance arose, may be
60

called as witnesses to present relevant information. Multiple witnesses will not be called to

provide duplicative information. The decision of the Commander/Deputy Commander or

his/her designated representative will be rendered in writing as soon as possible, but in no

event more than thirty (30) calendar days after the meeting. If the decision is not

acceptable, arbitration may be pursued in accordance with Article 28 - Arbitration.

Section 7. Employer grievances concerning the interpretation or application of provisions of

the agreement shall be submitted in writing to the Union.Such grievances are subject to the

time limits for submission set forth inSection 3 and be introduced at and processed in

accordance with Step 3 of the Grievance Procedure except the Union is the responding

party. Any issue not resolved may be referred by the Employer to arbitration in accordance

withArticle 28-Arbitration.

Section 8. The Employer and the Union agree that all meetings held in conjunction with the

grievance procedure outlined herein shall be on the Employers' premises unless mutually

agreed otherwise and shall be joint meetings with both parties having equal status. Step 2

and 3 of the above procedure, upon request of the Union, relevant employee witness may be

called and such employees shall suffer no loss of pay for so serving.

Section 9. The Employer or his designate representative shall respond to valid information

requests to the extent required under the statute for the purpose of substantiating the

contentions or claims of the parties well in advance of the formal third step of the grievance

procedure.

Section 10. Failure of the Employer to meet the time limits prescribed in the grievance

procedure shall permit the bargaining unit or Union to move the grievance to the next step. 

Failure of the employee or the Union to meet the time limits prescribed shall constitute

withdrawal and termination of the grievance. This section does not apply to mutually agree

upon timeframe extensions by the parties.

Section 11. All grievance decisions shall be returned to the Union Representative that moved

the grievance to that step.

Section 12. In the case of any grievance with the Union may have against the Employer or

which the Employer may have against the Union, such grievances shall be submitted in writing

to the DLA Distribution Norfolk Commander/Deputy Commander or the Union, as the case

may be, within fifteen (15) calendar days after the date of occurrence of the event giving rise

to the grievance, or the date the party became aware of the occurrence. It shall contain the

following:

1. Statement setting forth the facts upon which the grievance is based

2. The correction sought

If no settlement is reached between the parties within fifteen (15) calendar days from the 

submission date of the grievance, the matter may be submitted, by the initiating party to 

arbitration.
61

ARTICLE 28

ARBITRATION PROCEDURE

Section 1. If the parties hereto fail to reach a satisfactory settlement of any grievance

processed in accordance with the Negotiated Grievance Procedure, such grievance may be

referred to arbitration by either the Union or the Activity. A request for arbitration must be

submitted in writing within thirty (30) calendar days after receipt of the decision at Step 3 of

the Negotiated Grievance Procedure.

Section 2. Within five (5) calendar days from the date of receipt of the arbitration request

the parties will jointly request the Federal Mediation and Conciliation Service to submit a

list of five impartial persons qualified to act as arbitrators. The parties shall meet within five

(5) calendar days after receipt of such list. The Union and the Activity will each strike one

arbitrator's name from the list of five and shall then repeat this procedure. The remaining

name will be tile duly selected arbitrator.

Section 3. The arbitrator's fee and expenses shall be borne equally by the DLA Distribution

Norfolk and the Union, and shall not exceed that authorized by applicable regulations. In the

event that it is necessary for the hearings to be held in facilities not under the administrative

control a/ DLA Distribution Norfolk, the cost of such facilities shall be borne equally by the

DLA Distribution Norfolk and the Union. Further, DLA Distribution Norfolk and the Union

shall share equally the expenses of any mutually agreed upon service consider desirable or

necessary in connection with the arbitration proceedings. However, should one party desire

a verbatim transcript of the arbitration proceedings, that party may arrange for such service

at its own expense and shall receive all copies of such transcript. Further, should either

party cancel the arbitration request, the canceling party shall pay any cost assessed by the

arbitrator, unless mutually agreed otherwise.

Section 4. The arbitration hearing shall normally be held during the regular shift hours of the

normal basic work week. Bargaining Unit employees of DLA Distribution Norfolk serving as

Union representatives and necessary appellants and the employee witnesses who have

direct knowledge of the circumstances and factors bearing on the case shall be excused

from duty to participate in tile arbitration proceedings without loss of pay or charge to annual

leave. Those employees appearing as witnesses will be excused for only that time they are

required to testify and a reasonable amount of time to travel to and from the hearing site.

Section 5. The arbitrator will be requested to render his award as quickly as practicable

but, in any event, no later than thirty (30) calendar days after the conclusion of tile hearings

and submission of post- hearing briefs, if appropriate. An arbitrator's award will not change,

modify, alter, delete or add to the provisions of this Agreement. Itis recognized that such

right is the prerogative of the contracting parties only. The arbitrator's award shall be

binding.
62

Section 6. Questions as to whether a matter can be grieved or arbitrated under the

grievance/arbitration procedures in this agreement shall be referred as a threshold issue to

the arbitrator for a bench decision, prior to the merits of the case. Normally, any rejection of a

grievance on the ground that it is, not a matter subject to the grievance procedure or is not

subject to arbitration, shall be executed at Step 3 of the grievance procedure and shall be

served upon the Union in writing. Exceptions to an arbitrator's award may be initiated by

either party in accordance with the appropriate regulations.
63

ARTICLE 29

EQUAL EMPLOYMENT OPPORTUNITY

Section 1. The Employer and the Union mutually agree that each has a positive and distinct

role in carrying out the concepts of equal employment opportunity as defined by the law.

Section 2. In keeping with Section 1, above, the Employer will establish a comprehensive

EEO Program consistent with guidelines received from higher authority. The Union will fully

support EEO policies, programs and objectives.

Section 3. In accordance with the current regulation, the Employer is charged with

maintaining equal opportunity without discrimination using authorized methods deemed most

effective to achieve this purpose.

Section 4. An Equal Employment Opportunity (EEO) Counselor shall be available to

discuss bargaining unit employee complaints concerning equal employment opportunity. If

the bargaining unit employee desires, they may be accompanied by a Union representative

during discussions.

Section 5. It shall be an unlawful employment practice for the Employer to discriminate or

retaliate against any employee because the employee has engaged in protected activity.
64

ARTICLE 30

SUGGESTION PROGRAMS

Section 1. The Employer encourages all employees in the Unit to participate in the

Command's Suggestion Program as well as any Agency programs intended to reduce costs,

improve operations, enhance safety and security, and improve the command climate. It is the

intent of the Employer that all suggestions, ideas, concerns, and complaints be reviewed and

be processed in a timely and equitable manner. In this regard, it is agreed that every

reasonable effort will be made to evaluate employee inputs, initiate appropriate actions, and

provide recognition and/or feedback in an expeditious manner. Further, suggestions or ideas

that appear to have significant value within the Command or to the Agency will be processed 

in accordance with official Agency Beneficial Suggestion Program guidelines.

It is further agreed that employees who encounter unreasonable or unwarranted delays in

receiving feedback on a submitted suggestion, idea, concern or complaint, may take the matter

up directly with his/her chain of command and shall have the right to be accompanied by a

Union representative if he or she desires. The Employer agrees to notify the employee of the

reasons for the delay if feedback on a submitted suggestion, idea, concern, or complaint is not

rendered within 90 days.

Section 2. When a submitted suggestion or idea has been reviewed and will be submitted to

the Agency's Beneficial Suggestion Program, employees are encouraged to discuss

prospective suggestions with the Subject Matter Expert provided by the DLA Distribution

Norfolk review panel via the suggestion feedback form who will aid them in insuring that the

suggestion is sufficiently described for evaluation. After submission to the Agency's Beneficial

Suggestion Program, all communication will be conducted directly between the person

submitting the suggestion and the investigator assigned to evaluate the suggestion.
65

ARTICLE 31

BULLETIN BOARDS

Section 1. The Employer agrees to make available to the Union at least one quarter of the

space on all Unofficial Bulletin Boards, for the purpose of posting printed matter of concern

to the Union.

Section 2. Notices concerning Union recreational and social activities, Union elections and

appointments, results of elections and Union meetings may be posted by the cognizant

representative, without prior approval of the material by the DLA Distribution Norfolk,

provided they are limited to announcing only the purpose, date, time and place. A copy of all

such notices will be furnished to the DLA Distribution Norfolk Deputy Commander, at least

two workdays prior to posting. When the two-day notification is impractical, approval prior to

posting will be obtained from the DLA Distribution Norfolk Deputy Commander, by an

appropriate means. All other information to be placed on the Bulletin Boards including the

above referred to notices, if they contain information other than that outlined above, will be

posted only by the mutual consent of the Union and the DLA Distribution Norfolk. No posting

will contain material which violates any law or regulation. All cost incidentals to the

preparation of the materials will be borne by the Union.

Section 3. The Union is responsible for posting and removing approved material and for

maintaining posted material in an orderly condition.
66

ARTICLE 32

PARKING

Section 1. Available parking areas will be designated for employees parking as close to

assigned work areas as practicable. In this connection, appropriate representatives of the

Employer and the Union shall periodically review alleged inequities in the utilization of

available parking facilities. The Union may recommend.to the DLA Distribution Norfolk

Commander additional parking areas as the need arises, commensurate with the availability

of space.

Section 2. Three (3) reserved parking spaces will be provided within close proximity to the

office space utilized by the Union in Building W-143, which is considered to be the central

site of DLA Distribution Norfolk. One (I) space will be provided at each remote site where

five or more bargaining unit employees are employed Such spaces shall be assigned as 

determined by the Union.
67

ARTICLE33

VOLUNTARY ALLOTMENT FOR PAYMENT OF DUES

Section 1. The Employer will deduct Union dues from the pay of all employees who

voluntarily authorize such deductions and who are employed within the Unit in accordance

with the provisions set forth herein:

Section 2. Union dues (the regular periodic amounts required to maintain an employee in

good standing in the Union) shall be deducted by the Employer from an employee's pay each

pay period when the following conditions have been met:

1. The bargaining unit employee either is a member in good standing or has signed 

up for membership in the Union subject to the payment of his first month's dues through 

voluntary allotment.

2. The bargaining unit employee's net earnings after all legal and required 

deductions must be sufficient to cover the entire amount of the allotment. No deduction 

shall be made when the salary is not sufficient to cover full withholding or when the 

employee is in a non-pay status for the entire pay period.

3. An authorized official of the Union has completed and signed Section A of 

Standard Form 1187 on behalf of the Union.

4. The completed SF Form 1187 has been received by the Payroll Office servicing 

the Employer no later than 12:00 noon on the last Thursday proceeding the payroll 

period during which the initial deduction is made.

Section 3. The Union shall purchase and distribute to its members Standard Form 1187,

"Request and Authorization for Voluntary Allotment of Compensation for Payment of

Employee Organization Dues" during non-duty hours and shall certify on the form the current

amount of the Union's regular dues to be deducted each bi-weekly pay period, and shall,

deliver completed forms to the Employer for completion of Section A thereon.

Section 4. The amount of the Union dues to be deducted each payroll period from the

employee's salary shall remain unchanged until a notice of change in Union dues signed by

the authorized official of the Union is received by the Payroll Office servicing the Employer.

Section 5. Any change in the amount of an bargaining unit employee's regular dues which

results in a change in the amount of the allotment deduction of the employees shall become

effective with the deduction made on the first payroll period after the receipt of a notice of

change by the Servicing Payroll Office of the Employer or at a later date if requested by the

Union. Changes in the amount of the allotment by reason of changes in the amount of the

Union dues may not be made more frequently than once each twelve (12) months, measured

from the date of the first change made by the Union.
68

Section 6. An bargaining unit employee's voluntary allotment for payment of his/her Union

dues shall be terminated with the start of the first payroll period following the payroll period in

which any of the following occur:

1. Loss of exclusive recognition by the Union.

2. Transfer of the bargaining unit employee to an organizational segment outside of 

the Union's recognized bargaining unit.

3. Separation of the employee for any reason including death or retirement.

4. Receipt by the Servicing Payroll Office of the Employer of a notice that the 

bargaining unit employee has been expelled or has ceased to be a member in good 

standing of the Union.

5. Appointment to a supervisory position.

Section 7. An allotment for the deduction of an employee's Union dues may also be

terminated by the employee through submission to the Servicing Payroll Office of the

Employer, of an SF 188, Cancellation of Payroll Deductions for Labor Organization Dues (or

individual substitute). Any such allotment of dues may not be revoked until the deductions

have been in effect for a period of one (1) year. Dues deductions which have been in effect

for at least one (1) year may be terminated upon request of the employee during one

revocation period per year. The employee's annual revocation period will be during the

seven (7) calendar day period (exclusive of shut down days) preceding the anniversary date

of the employees signing up for dues withholding. The request for termination must be sign

by the employee during the annual seven (7) calendar day revocation period. The SF-1188

Form can be obtained individually from the Administrative Services Division. Dues termination

shall be effected as soon as possible after the anniversary date of the affected bargaining

unit employee.

Section 8. The Union having members on voluntary allotment for their Union dues shall

promptly notify the Servicing Payroll Office of the Employer in writing when any such member

of the Union is expelled or for any reason ceases to be a member in good standing.

Section 9. Defense Finance and Accounting Service (DFAS) will issue a check drawn on the

Treasury of the United States and made payable to the Union in an amount equal to the total

of allotment deduction made within five (5) workdays after each payday, along with the

applicable transaction record containing the name and employee number of each member of

the Union on voluntary allotment in alphabetical order, and the amount of the deduction made

for each such employee member. The list shall also indicate those allotments which are

terminated and those which lack sufficient funds for

payment of the Union dues.
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ARTICLE 34

SAFEGUARDING OF PROPERTY

Section 1. The parties recognize the importance of safeguarding the property owned by

bargaining unit employees when such property is in the official custody of or on the premises

of the Employer. It shall be a matter of vital concern to both parties to make continuing efforts

to protect and safeguard property of all employees.
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ARTICLE 35

GENERAL PROVISIONS

Section 1. The Employer agrees, to provide the tools required by the Employer that

employees are required to use in the safe performance of work for the Employer. 

Employees are responsible for the safe keeping of tools while in their custody and their

proper use to avoid breakage, damage or Joss. Further, the Employer as deemed

appropriate may implement appropriate procedures for the issuance, accountability of tools.

Section 2. The Employer agrees that any bargaining unit employee in the Unit who

contemplates retirement in the immediate future shall be afforded retirement counseling to

ensure the interests of the employee are protected. Alternative retirement plans for which the

employee is eligible shall be explained. The employee's request to be accompanied by the

appropriate Representative will be granted. Normally, any employee who contemplates

retirement shall contact the appropriate Human Resource Office staff personnel for

information, counseling, a nd proper filing of documentation.

Section 3. Bargaining Unit employees will be provided with current names and contact

numbers for the managers in their chain of command, to include the first line supervisor,

who is responsible for approving requests for leave and conduct performance appraisals.

Bargaining unit employees will maintain current contact information with the Employer and

in FEPAAS for emergency and

contingency purposes.

Section 4. It is understood that each employee shall be at his/her job site ready to work at

the scheduled starting time of his/her shift and conclusion of his/her lunch period. If an

employee is required by the Employer to perform any work or duty either before or after his

regular shift hours, he shall be compensated at the appropriate rate of pay for such work or

duty. It is further understood that if an employee is directed by the Employer to report at a

designated location at a specified time prior to the scheduled start of his shift, such time will

be considered compensable at the appropriate rate of pay.

Section 5.When a new system is added or new equipment installed, modernized, or

improved on any job within the Unit, the Employer agrees to consider training all employees

in the work areas whose jobs are affected by the change in equipment or techniques and

who are required to operate such systems and equipment.

Section 6. The Employer agrees to furnish the Union upon request (normally not more

than once every six (6) months) a complete and up-to-date listing of all employees in the

Bargaining Unit. The listing shall include the name, organization code, supervisor, series

and grade, and service computation date for each employee in the bargaining unit. All unit

employees transferred or newly hired shall be introduced to their representatives during

employee familiarization and orientation events.
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Section 7. The Employer agrees that employees in the Unit will not be polled to determine

their opinions or desires on personnel policies and practices, or other matters affecting

their general working conditions without first advising the Union of the intent to conduct the

poll and the purpose of the poll.

Section 8. Itis agreed that the term "Employer" wherever used in the Agreement in

connection with required action, signifies the DLA Distribution Norfolk Commander or a

designated representative. The normal point of contact for the Union on all matters

pertaining to the administering of this agreement will be the General Chairman. The normal

point of contact for the Employer on Command-wide matters or matters pertaining to more

than one division will be the Deputy Commander. The point of contact for all other matters

will be cognizant Division Director.

Section 9. The parties agree with the principle that all employees and managers shall be

treated with dignity and respect in the work place. The Employer shall investigate instances

of alleged violation of this principle and take appropriate corrective action where warranted.

Section 10. Normally, ALPHA personnel will be the minimum personnel necessary to

accomplish the essential functions (i.e. emergency maintenance, plant and property

equipment, security, other than routine work.) Command policy is to rely on supervisors and

managers to perform ALPHA functions and responsibilities. On occasion it may be

necessary to supplement ALPHA personnel with unit members having specific skills and/or

abilities.

Personnel who may be required to supplement ALPHA personnel will be notified in writing of

their assignment. This notification will identify the employee's responsibilities while

supporting the specific contingency. The Employer agrees to provide as much advance

notification as possible to personnel who may be required to support ALPHA operations.

All supplemental ALPHA personnel are required to call the applicable DLA Distribution

Norfolk provided "hotline number" to obtain their work status.

Section 11. During emergency conditions all unit employees are required to call the

applicable DLA Distribution Norfolk provided "hotline number" to obtain their work status.

Management will make every effort to ensure the "hotline" is updated

Section 12. Environmental differentials will be paid for exposure to hazards, physical 

hardships, and working conditions of an unusually severe nature, in accordance with

applicable instructions and regulations. If an employee is entitled to environmental pay,

such pay is included as part of the

employee's basic rate of pay for overtime, holiday or Sunday work

Section 13. Provided that it is approved in advance, employees shall be granted

administrative leave not to exceed four (4) continuous hours in a workday for the purpose

of making blood donations and recuperation.
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Section 14. Every effort will be made by the Employer to distribute training in a fair and

equitable manner. All employees are required to monitor Learning Management System 

(LMS) training requirements and complete training on time, barring exceptional

circumstances. Supervisors will remind employees of LMS training that is coming due.

Section 15. The Employer will provide deaf and hard of hearing employees with an

electronic means of communication within the workplace. Use of the electronic means of

communication will be limited to official and emergency use as is equivalent to policies

related to use of cell phones and computers.

Additionally, interpreters will be provided /or interactive communications as needed to

ensure deaf and hard of hearing employees receive adequate command information, work

assignments, and training.

Section 16. The impact and implementation of any changes in the present payday system

including changes as to which day pay will be distributed shall be bargained with the Union,

as appropriate.
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ARTICLE 36

PUBLICIZING THE AGREEMENT

Section 1. As soon as practicable following approval of the Agreement by DLA Distribution

Norfolk, the Employer will reproduce this Agreement and distribute a copy to each

bargaining unit employee in the Bargaining Unit. In addition to the initial distribution of

copies of this agreement, the Employer agrees to pay the cost of printing of an additional

500 copies of this agreement and provide them to the Union to distribute as needed.

Section 2. As part of the employee onboarding process, the Union will be allocated time to

meet and provide preliminary information to newly hired bargaining unit employees. During

the onboarding process, employees hired into bargaining unit positions will be advised by the

Union of the contractual relationship between the Employer and the Union, and will be

provided with information/introductions by the Union related to representatives having

responsibility for the work area to which the new employee is initially assigned.

Section 3. The Employer will post an electronic, printable version of the Agreement and any

applicable amendments on the DLA Distribution Norfolk Share Point site where it will be

assessable by all bargaining unit employees. The Employer will provide the appropriate link

to all bargaining unit employees to facilitate access to the posted agreement.

Section 4. For qualified handicapped employees, the Employer will, upon request, provide a

copy of the Agreement that meets specific, medically documented accommodations.
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ARTICLE 37

WORKER'S COMPENSATION

Section 1. The parties acknowledge that the Office of Worker's Compensation Programs

(OWCP), U S Department of Labor, will administer benefits derived to employees under the

Federal Employees Compensation Act.

Section 2. The DLA J1 Human Resources Services, Injury Compensation Center (HR-Svcs-I)

will administer the OWCP program for the Employer. The Employer will publish information

about the program and its benefits, points of contact at the HR Svcs-I office and telephone

numbers for employees needing information concerning processing of the OWCP claims. The

Employer will provide a toll free number for CONUS employees to contact the HR Srvs-I . In

addition to the HR Svcs-J, employees may also consult the Union for information on the injury

compensation process.

1. Employees are responsible for reporting all job-related injuries or illnesses

to the appropriate supervisor, providing supporting medical documentation and

return to work when medically capable. If an employee requires medical treatment

for the (traumatic) injury, the Employer may complete their portion of form CA-I 6, 

Authorization for Examination and/or Treatment. Where there is no time to 

complete a Form CA-I 6, the Employer may authorize medical treatment by 

telephone and send the completed form to the medical facility. Unless precluded by 

medical emergency, employees have the right to treatment by the health care 

provided of their choice.

2. The injured employee will be furnished a form CA-I (Federal Employee's

Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation for 

completion. If the employee is unable to complete the Form CA-I, the Employer will

promptly complete as much of the form as practical and forward the form to HR 

Svcs-I.

3. If the employee believes they have suffered an occupational disease (a 

condition produced in the work environment over a period of more than one day) 

they should be provided a form CA-2, Notice of Claim for Occupational Disease 

and Claim for Compensation. A form CA- I 6 should not be issued for this type 

claim.

4. When an employee has suffered illness or injury in the performance of 

duties, the Employer will counsel the employee in such matters as their right to file 

for compensation benefits. The counseling will include an explanation of 

Continuation of Pay (COP) benefits, when applicable, the appropriate 

compensation/arms to be filed, the types of benefits available, and the procedure for 

filing claims, the option to use compensation benefits in lieu of sick leave or annual 

leave, and the right to a personal representative. The counseling above is not allinclusive.
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5. The Employer will not prevent an employee from filing a claim and will

process the claim that has been submitted. The Employer will provide light-duty work

to the injured employee in accordance with medical prescribed restrictions. It is

understood the Employer will document its knowledge of the circumstances

surrounding the injury, which may be different from the information provided by the

employee. Ifthe Employer controverts/ challenges the 0WCP claim, the employee or

a personal representative will be provided a copy of all information pertaining to the 

claim, which is retained by the Employer.

6. The Employer agrees to assist the employee in contacting appropriate OWCP 

authorities in an effort to expedite matters associate with the claim. The employee and a 

personal representative, with the written consent of the employee, will be permitted to 

review and obtain copies of any documents retained by the Employer relating to the 

claim. FECA provides that an employee may be represented if he or she so desires, 

but it is not required A representative need not be an attorney; a Union representative, 

family member or friend, for example may act in this capacity. A federal employee 

may act as a representative only or an immediate family member or in the capacity of a 

Union representative. The employee must designate any representative in writing 

before the OWCP will recognize him/her and there can only one representative at a time.
76

ARTICLE 38

EMPLOYMENT OF RELATIVES

Section 1. The Employer agrees to comply with all laws and regulations related to the

employment, appointment, promotion, and/or advancement of relatives.
77

ARTICLE 39

TRAINING

Section 1. The parties believe that appropriate training and development of bargaining unit

employees is important; it increases the efficiency and effectiveness of operations, and it

develops the knowledge, skills and abilities of bargaining unit employees in the performance of

their duties.

Section 2. The Employer will seek to develop a well-trained workforce consistent with

operational needs, available funding, resources and time. Pursuant to this objective,

bargaining unit employees may request training they believe is appropriate and beneficial to

the organization. Training will be provided or funded by the Employer based on operational

needs (including training to remedy performance deficiencies). Training will not be used as a

reward or punishment. The intent is to provide training based on business reasons and not

personal relationships. One factor that may be considered in determining training requirements

is the bargaining unit employee's ability to do the assigned job. The parties recognize that

the Employer retains the right to determine training needs. Training will be provided in a fair 

and equitable manner.

Section 3. Types of bargaining unit employee training that may be considered are on-the-job

training, formal classroom training, continuous education training, off-site training courses and

seminars, and other job-related instructional methods. Training requirements shall be directly

assigned by the Employer. Where no formal training records or Individual Development

Plans (IDPs) are maintained, bargaining unit employees can annotate successfully complete

training in the employee input section of the annual performance appraisal form. When new

technology is introduced in the workplace, training as deemed necessary by the Employer will

be provided.

Section 4. When a new or upgraded processing system is added or new equipment

installed, modernized, or improved on any job within the bargaining unit, the Employer

agrees to consider training all bargaining unit employees in the work areas whose jobs are

affected by the change in equipment or techniques and who are required to operate such

systems and equipment.

Section 5. The Employer retains the right to assign mandatory training requirements, with the

understanding by the bargaining unit employees that mandatory training addresses critical

programs, practices and information. Bargaining unit employees are expected to complete

mandatory training within established timeframes and perform their assigned duties/conduct

themselves in accordance with content of the mandatory training provided. When mandatory

training is required, the Employer will ensure that the employees are given the time to complete

the task/requirement.
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ARTICLE 40

MEMORANDUMS OF AGREEMENT

Section 1. The parties agree that all existing Memorandums of Agreement (MOAs)

remain in effect unless superseded by specific contract provisions in this Agreement.
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ARTICLE 41

TRAVEL

Section 1. The Employer agrees that bargaining unit employees required to travel will be

covered by applicable laws and regulations.

Section 2. The parties agree to maintain a travel policy in accordance with Defense Logistics

Agency and Defense Travel System guidance.

Section 3. Bargaining unit employees will apply for a Government Travel Card ifthey anticipate

traveling more than five (5) times per year. The Government Travel Card will be used in

accordance with all policies and regulatory guidance, and is not a personal credit card. Failure

to properly use or safeguard the Government Travel Card may result in the initiation of

disciplinary action. Failure to pay Government Travel Card bills in a timely manner may also

result in the initiation of disciplinary action.

Section 4. Where a bargaining unit employee is required to use the Government Travel Card

and the vendor or Defense Logistics Agency policy requires a check of the bargaining unit

employee's credit history, the results of the credit inquiry will not adversely affect the employee's

performance evaluation or desirability for employment. Any credit history obtained as a result of

the credit check will be used for the sole purpose of determining what type of travel card will be

issued and the associated credit limits that will apply.

Section 5. Final claims for travel reimbursement will be filed in accordance with governing

policies and regulations; reimbursement for out of pocket expenses and charges against the

Government Travel Card will not take place until the filed claim for travel reimbursement is

submitted, approved and paid by the government.

Section 6. If the employee is on official travel for an extended period of time (greater than 21

days), claims for travel reimbursement must be submitted on an interim basis. Bargaining unit

employees who have received advance funds for official travel, must remit any funds in excess

of the allowable travel reimbursement at the time the claim is filed

Section 7. In the absence of extenuating circumstances, all travel claims will be paid as a split

reimbursement. The government will forward payment directly to the Government Travel Card

account for relevant expenses indicated on the submitted travel claim, and the balance to the

employee via the direct deposit information maintained in Defense Travel System.

Section 8. If a bargaining unit employee on extended official travel voluntarily returns home on

non- work days during the temporary duty (TDY) assignment, the maximum reimbursement for 

round trip transportation and per diem is limited to what would have been allowed had the

employee remained at the TDY location. Authorization for such a return trip will be obtained by

the employee in advance.
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Section 9. Except for circumstances beyond the Employer's reasonable control or ability to

anticipate, employees who are assigned to go on extended TDY (over 30 calendar days) will be

notified at least two weeks in advance of the start of travel.

Section 10. The Employer agrees that the Union will be notified of any changes to the current

Government Travel Card program that may change the conditions of employment for 

bargaining unit employees, and will bargain accordingly prior to implementation.

Section 11. Union representatives, who are bargaining unit employees of DLA Distribution

Norfolk, will be issued travel orders by the Employer for Employer authorized travel related to

official representational functions sanctioned by the agreement. Request for such travel orders

will be initiated by the Union Chairperson or designee, and directed to the Deputy Commander. 

Official travel by Union Representatives while on government travel will be reimbursed in

accordance with applicable travel regulations.

Section 12. Union initiated training requiring travel will not be supported by official travel

orders issued by the Employer.
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ARTICLE 42

DRUG FREE WORKPLACE PROGRAM

The goal of achieving a drug free workplace at DLA Distribution Norfolk, Virginia, is supported

by both the Employer and the Union. The Parties recognize that drug addiction is a treatable

illness and, while rehabilitation is desirable, emphasis will be placed on education and

deterrence. It is understood that the use of illegal drugs does not promote the efficiency of

the Service, as stated in Executive Order 12564 of 15 September 1986. In connection with

the implementation of the Drug Free Workplace Program (DFWP), the Employer and the

Union agree to the following:

Section 1 . All drug testing under the DFWP, including laboratory analysis of specimens, will

be conducted in accordance with Federal law, government, and agency wide regulations

including Department of Health and Human Services (DHHS) mandatory guidelines and this

Agreement.

Section 2. Definitions:

1. Random Testing is the collection of specimens based on random selectionfrom

among employees in TestingDesignated Positions (TDPs) and other bargaining unit

personnel who volunteerfor such tests.

2. Reasonable Suspicion Testing does not require certainty, but mere hunches are

not sufficient to meet this standard. Further information regarding the levels of approval

required for reasonable suspicion testing is included in the Employer's Drug Free

Workplace Policy. Reasonable suspicion testing may be based upon, among other

things,

a. observable phenomena such as direct observation of drug use or

possession and/or physical symptoms of being under the influence of a drug,

b. a pattern of abnormal conduct or erratic behavior,

c. arrest or conviction for a drug-related offense, or the identification of

an employee as the focus of a criminal investigation into illegal drug

possession, use or trafficking,

d. information provided by reliable and credible sources or independently

corroborated, or,

e. newly discovered evidence that the employee has tampered with a

previous drug test.
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3. Applicant testing is conducted in conjunction with appointments made by the

Employer (including reassignments, transfer, or detail for more than 120 days) to

positions with TDP designation. Applicant testing is not required for employees who

currently occupy a TDP within the Agency and have satisfied the requirements for 

entry into their current TDP.

4. Follow-Up Testing as required as part of the rehabilitation or counseling

program under the Employees Assistance Program (EAP).

5. Accident Testing may be required when an employee is involved in a Class A,

B, or C mishap. Mishap categories are periodically updated by DoD to adjust dollar

values (see DoD Instruction 6055.7).

Section 3. Specimen collection is conducted by an independent entity under contract with the

Defense Logistics Agency. When supported by the contract that is in force, drug testing will be

conducted on-site at the DLA Distribution Norfolk, Virginia facility. If necessary, personnel will be

transported to the specimen collection site or will be reimbursed for mileage related to

personal transportation to and from the specimen site.

Section 4. Employees are required to remain at the testing site until specimen collection is

completed. To facilitate the specimen collection employees will be provided with water to drink

upon request; however, the bargaining unit employee will remain in the testing area at all

times until testing is complete. Concurrent with notification of a random test, bargaining unit

employees will be provided with a Random Drug Testing Program Check list for Employees.

Section 5 . Reasonable suspicion testing will be requested, approved, and conducted in

accordance with the reasonable suspicion criteria contained in the Mandatory Guidelines for 

Federal Workplace Drug Testing Programs. A higher-level management official than that

requesting the test will approve any test ordered under reasonable suspicion criteria. A

bargaining unit employee will be notified in writing that he/she is being tested under "reasonable

suspicion" criteria.

Section 6 . In accordance with DHHS guidelines, the Medical Review Officer (MRO) shall

give the individual an opportunity to discuss the test result with the MRO prior to making a final

decision related to a positive result. A bargaining unit employee will be afforded privacy

during contact with the MRO, including the use of telephone and facsimile services as

needed for contact with the MRO. A bargaining unit employee is entitled to and may request

Union representation when being questioned by the MRO.

Section 7 . A bargaining unit employee found to use illegal drugs will be referred to the

Employee Assistance Program (EAP), as required under the Executive Order. This provision 

does not authorize or obligate payment of drug rehabilitation costs by the DLA Distribution

Norfolk, Virginia, or Defense Logistics Agency. Regardless of any rehabilitation efforts

undertaken by the bargaining unit employee, management is not precluded from taking
83

disciplinary action, up to and including removal, against an employee who tests positive. In

addition to working through the EAP, the bargaining unit employee may seek additional

rehabilitation efforts through the Union or a personal physician; however, any additional

rehabilitation efforts shall not interfere with the EAP rehabilitation program or testing. All

records of bargaining unit employee treatment shall be kept in accordance with applicable

Federal laws, rules and regulations regarding confidentiality including the Privacy Act ( USC

552a).

Section 8 . All drug testing information on specific individuals is confidential and will be

treated as such in accordance with the provisions of Mandatory Guidelines for Federal 

Workplace Drug Testing Programs. A bargaining unit employee who is the subject of a drug

test will, upon written request to the Drug Program Coordinator (DPC), have access to any

records relating to such bargaining unit employee's drug test; and the results of any relevant

laboratory certification, review, or revocation of certification proceedings, as referred to in

section 503 of Public Law 100-71.

Section 9. The Union is entitled to information concerning the DFWP in accordance

with the provisions of 5 USC 7114{b) (4).

Section 10. The drug testing program shall not be designed to unnecessarily interfere with the

employee's right to privacy. It is understood that some testing procedures may intrude on the

privacy of the employees; however, theses intrusions shall be kept to a minimum required by

the program. All bargaining unit employees shall be treated with dignity and respect in all

aspects of the program. Supervisors and program administrators will be made aware that

names of individuals tested and test results, are protected information and cannot be divulged

to personnel who do not have a need to know.

Section 11. Disciplinary adverse actions taken as a result of application of the drug testing

program will be in accordance with Executive Order 12564 and applications regulations (e.g.

DLAI 7203, Drug- Free Workplace Program, and 7106, Maintaining Discipline). Negotiated

grievance procedures and appeal rights apply to such actions taken relative to the Program,

subject to any last-chance and/or settlement agreements in effect.

Section 12. The Employer will publicize information concerning the DFWPfor the information

of all bargaining unit employees as part of an ongoing education program. The DFWP 

provides for the training of supervisors, managers, Drug Program Coordinators, and EAP

personnel as mandated by the Executive Order and pertinent regulations. The Union may

submit and the Employer will consider articles and/or information for inclusion in an ongoing

education program for the DFWP.

Section 13. The Employer recognizes its obligation under the Federal Labor Management

Relation Statute (5USC 7114), as it applies to a bargaining unit employee's right to Union

representation and formal discussions. However, such representation will not interfere with

effective operation of testing.

Section 14. The Employer will discharge its bargaining obligations prior to making changes

to DFWP that affect conditions of employment for bargaining unit employees.
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ARTICLE 43

EMPLOYEE ASSISTANCE PROGRAM (EAP)

Section 1 . The Employer will continue to promote the Employee Assistance Program

(EAP). The EAP provides short-term counseling and consultation services for individuals

experiencing personal problems such as alcoholism, drug abuse, emotional, family, 

marital, financial, legal, or other problems. EAP also provides counseling services to

bargaining unit employees who have experienced traumatic events. Bargaining unit

employees may contact the EAP services toll-free at 1-(800) 222-0364, 1-(888) 262-7848

(TTY) or via the website www.FOH4You.com.

Section 2. Critical Incident Stress debriefings may be requested and will be arranged

with EAP by the Employer and may be offered to those work groups that have

experienced traumatic events such as threats of violence, actual violence, suicide and /or

homicide, natural or terrorist disasters, severe injuries, deaths, or any other situation that

might have psychological impact on the group.

Section 3. The Union will be offered the opportunity to have a representative present at

any command-sponsored EAP training where supervisors/managers will be in attendance.

Bargaining unit employees will continue to receive orientation on the services of the EAP.

Section 4. All contacts with the Employee Assistance Program are held in the strictest

confidence. The Parties agree to follow the practices and prescribed procedures by

governing regulations and policies and this Article for the administration of EAP, the

clarification and confidentiality of EAP records, statements made to professional clinicians,

and policies concerning civilian security clearances.

Section 5. Any discussion with an Employee Assistance Program counselor is

confidential and protected by law. Some exceptions to the confidentiality rule are in cases

of child abuse and specific state-enforced laws addressing family violence (where

reporting is mandatory), suicide and imminent harm to another.

Section 6. Bargaining unit employees can be granted excused absence to attend the

initial consultation with a licensed EAP professional to complete an EAP assessment.

Section 7. The Employer may grant leave (sick, annual or LWOP)for the purpose of

treatment or rehabilitation of bargaining unit employees under the EAP in a manner

similar to that granted for bargaining unit employees with any other health problem.