Laborers’ International Union 

LIU

Local 1310 

Labor and Management 

working together for the the betterment of all 

2002 Labor Agreement

with 

Defense Distribution Depot

Susquehanna Pennsylvania
NEGOTIATED AGREEMENT 

BETWEEN

DEFENSE DEPOT SUSQUEHANNA PENNSYLVANIA,

AND 

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 1170
CONTENTS 

ARTICLE NUMBER 

PREAMBLE............................................................................................................... iii 

WITNESSETH..........................................................................................................................iv 

AREAS OF MANAGEMENTJURISDICTION.............................................................1-1 

MATTERS SUBJECT TO CONSULTATION AND/OR NEGOTIATION........2-1 

UNION RIGHTS AND RESPONSIBILITIES................................................................3-1 

TERM OF AGREEMENT AND METHOD OF AMENDMENT............................4-1 

PARTICIPATION IN WAGE SURVEYS..........................................................................5-1 

BOARDS AND COMMITTEES AND MEETINGS..................................................... 6-1 

PLANT VISITATIONS BY UNION REPRESENTATIVES....................................... 7-1 

UNION REPRESENTATION............................................................................................. 8-1 

DISTRIBUTION OF AGREEMENT...... ........................................... 9-1 

DUES DEDUCTIONS.......................................................................................................... 10-1 

JURISDICTION...................................................................................................................... 11-1 

EMPLOYEE RIGHTS AND PRIVILEGES.................................................................... 12-1 

BASIC WORKWEEK AND HOURS OF WORK..........................................................13-1 

OVERTIME AND HOLIDAY PAY AND COMPENSATORY TIME.................... 14-1 

ANNUAL LEAVE................................................................................................................... 15-1 

SICK LEAVE................................................................................................. 16-1 

LEAVE OF ABSENCE AND PERIODS OF LEAVE WITHOUT PAY.................. 17-1 

HOLIDAYS.................................................................................................................................18-1 

ADMINISTRATIVE EXCUSAL...........................................................................................19-1 

20-1 

REDUCTION-IN-FORCE...................................................................................................... 21-1

i
TRANSFER AND RELOCATION OF EMPLOYEES..................................................22-1 

PERFORMANCE RATINGS........................................ . .......................................................

.................................................................................2

................................................................ 2

........................................................................................................................2

........................................................................................................................2

............................................................................................2

.................................2

........................................................3

........................................................ 3

...........................................................................................3

........................................................................................................ 3

......................................................................................................3

................................................................. 3

........................................................ 3

....................................................................................................3

........................................................................................3

.............................................................................................A

S.............................B

S

23-1 

DISCHARGE OF PROBATIONERS 4-1 

DISCIPLINARY AND ADVERSE ACTIONS 5-1 

GRIEVANCES. 6-1 

ARBITRATION 7-1 

UNFAIR LABOR PRACTICES 8-1 

CHANGE IN JOB DESCRIPTIONS AND REQUIREMENTS 9-1 

30-1 

PERMANENT ASSIGNMENT OF EMPLOYEES 1-1 

TEMPORARY ASSIGNMENT OF EMPLOYEES 2-1 

TEMPORARY PROMOTIONS 3-1 

MERIT PROMOTIONS 4-1 

SAFETY AND HEALTH 5-1 

ENVIRONMENTAL DIFFERENTIAL PAY 6-1 

PARKING AND USE OF PRIVATE VEHICLES 7-1 

GENERAL PROVISIONS 8-1 

NEGOTIATING COMMITTEE 9-1 

APPENDIX A - GLOSSARY -l 

APPENDIX B - DISCIPLINARY AND ADVERSE ACTION -l 

APPENDIX C - GUIDELINE SCHEDULE OF DISCIPLINARY OFFENSE ..C-1
PREAMBLE 

In accordance with the policy set forth in Title VII, Public Law 95-454, Federal Service

Labor Relations, hereinafter referred to as Title VII, and subject to all applicable Executive Orders,

laws and statutes, the following Agreement is entered into this date between the Defense Depot

Susquehanna Pennsylvania (DDSP), hereinafter referred to as the Employer, and the Local #1170 of

the Laborers' International Union of North America, AFL-CIO, hereinafter referred to as the

Union. 

For convenience in reading, standard pronoun gender usage will be followed in this

Agreement. Where the pronoun "He” or "His”, etc. is used, it should be understood to include

"She” or "Hers", etc. 

It is agreed and understood by the Employer and the Union that this Agreement is subject to

the provisions of applicable laws and regulations of the Federal government.

iii
WITNESSETH 

In consideration of the mutual covenants herein set forth, the 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 the well-being of employees within the meaning of Title

VII, to establish a basic understanding relative to personnel policies, practices and procedures, and

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

and adjustment of matters of mutual interest.

iv
ARTICLE 1 

AREAS OF MANAGEMENT JURISDICTION 

Section 1. Thc Employer retains the right and authority: 

a) to determine the mission, budget, organization, number of employees, and internal

security practices of the Employer, and 

b) in accordance with applicable laws and executive orders 

1) to hire, assign, direct, layoff, and retain employees, or to suspend, remove, reduce

in grade or pay, or take other disciplinary action, (Subject to the provisions found

in Article 25 of this Agreement), against such employees; 

2) to assign work, to make determinations with respect to contracting out, and to

determine the personnel by which the Employer’s operations shall be

conducted; 

3) with respect to filling positions, to make selections for appointment from 

a) among properly ranked and certified candidates, 

b) or any other appropriate source, (subject to provisions found in Article 34

ofthis Agreement), and 

4) to take whatever actions that may be necessary to carry out the Employer’s

mission during emergencies. 

Section 2. The right to make reasonable rules and regulations is considered an

acknowledged function ofthe Employer. In exercising authority to make reasonable rules and

regulations relating to personnel policies, practices and working conditions, the Employer shall have

due regard for the obligations imposed by Title VII, Executive Partnership Orders and this

Agreement. 

Section 3. It is understood that the exercise ofsuch rights may be subject to appeal and

grievance procedures where applicable as prescribed by laws, regulations and policies, or appeal and

grievance procedures agreed upon hereunder and as imposed by Title VII.

1-1
ARTICLE 2 

MATTERS SUBJECT TO CONSULTATION AND/OR NEGOTIATION 

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

negotiation between the parties are personnel policies, programs and procedures relating to working

conditions and conditions of employment as defined in Section 2, below, which fall within the

authority of the Employer. Such subjects include, but are not limited to, pertinent aspects of

occupational health and safety, employee training, labor-management cooperation, employee welfare

and services, methods of adjusting grievances and appeals, granting of leave, promotion plans,

demotion practices, pay practices, reduction in-force practices, hours ofwork, and appropriate

arrangements for employees adversely affected by the impact of realignment ofwork force or

technological change. 

Section 2. The Union has the right to negotiate on conditions of employment. The

Employer shall submit in writing to the Union Business Manager any and all proposed changes

regarding working conditions and conditions of employment. Conditions of employment means

personnel policies, practices, and matters, whether established by rule, regulation, or otherwise,

affecting working conditions, except that such term does not include policies, practices and matters, 

a) relating to political activities prohibited under subchapter III ofChapter 73 of

Title VII, 

b) relating to the classification of any position, 

c) to the extent such matters are specifically provided for by federal statute, 

d) relating to those rights and authority retained by the Employer in Article 1 ofthis

Agreement; or 

e) which are the subject of any existing or future federal law or Government-wide

regulations. 

Section 3. It is further agreed that this Agreement is not all inclusive and the fact that certain

working conditions have not been specifically covered in this Agreement does not alleviate the

responsibility of either party to negotiate with the other on appropriate subjects as stated in Title

VII. 

Section 4. A point of contact between the Union and the Employer for the purpose of

discussing questions that may arise concerning the general administration or interpretation of this

Agreement, or other matters involved in day-to-day relations between the parties shall be for the

Union, the duly elected Business Manager or designees; for the Employer, the DDSP commander or

designees. 

Section 5. The Employer agrees not to enter into any discussion or agreementwith

Bargaining Unit Employees, individually or collectively, which in any way conflicts with the terms or

provisions of this Agreement, or which in any way affects the employee working conditions or

condition of employment, or which in any way could be considered a proper subject for collective

bargaining. Any such Agreement shall be null and void.

2-1
ARTICLE 3 

UNION RIGHTS AND RESPONSIBILITIES 

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 1 & 2. 

Section 2. The Unit to which this Agreement is applicable is composed of all nonsupervisory Wage Board employees of the Defense Logistics Agency and the Defense Depot

Susquehanna Pennsylvania (West Site). 

Section 3. The Union reserves the right, and the Employer recognizes this right, to file

complaints or formal grievances, relative to employee harassment or any violation of any U.S.

Government regulation or federal law covering civilian personnel or any violation of this Agreement

between the Employer and the Union. The Union has the right to obtain any documentation in

accordance with 5 U.S.C. 7114 (b) (4). 

Section 4. The Union and the Employer hereby agree to uphold 5 U.S.C., Section 7114.

Included under this section is the Union's right to be present as a representative at any discussion

between one or more representatives of the Employer, to include investigations by security, and one

or more employees in the Unit or their representatives concerning any grievance or personnel policy

or practices or other general condition of employment or any examination of any employee in the

Unit by a representative of the Employer in connection with an investigation ifthe employee

reasonably believes that the examination may result in disciplinary action against the employee and

the employee requests representation. 

Section 5. Management shall annually inform its employees in writing of their rights under

Section 4 of this Article. Management will post this information in writing on all official bulletin

boards and will maintain this posting until the next annual posting. 

Section 6. The Union subscribes to and will adhere to and abide by the Standards of

Conduct for Labor Organizations as promulgated in 5 U.S.C. Section 7120, as well as the AFL-CIO

codes of ethical practice.

3-1
ARTICLE 4 

TERM OF AGREEMENT AND METHOD OF AMENDMENT 

Section 1. This Agreement shall become effective on the date of approval by the Head of

the Agency or the 31st day following the date on which the agreement is executed by the parties,

whichever comes first. It will remain in force and effect for three (3) years from the effective date

and will terminate thereafter unless the parties have agreed upon an extension or served notice to

renegotiate the Agreement. Nothing herein shall obligate the parties to begin renegotiations of this

Agreement more than sixty (60) days prior to its anniversary date. When such notice is given, the

parties shall agree on a date for the simultaneous exchange of the changes they are proposing to

negotiate and renegotiate. If negotiations are in progress, the Agreement will remain in full force 

and effect until the renegotiated Agreement is consummated and approved by authorized officials.

If the parties are at impasse, additional extensions may be requested and approved by either party. 

Section 2. The Employer or the Union may at any time serve notice ofintent to negotiate an

amendment, or to supplement the existing Agreement. Any request for amendment shall be in

writing, and must be accompanied by a summary of the amendment or amendments proposed. 

Within fifteen (15) workdays of receipt of such requests, representatives of the Employer

and the Union shall meet to negotiate the proposal, and no changes other than those covered by the

summary shall be considered. Either party may be given a reasonable extension of the fifteen (15)

day time limit. Agreement shall be evidenced by written amendment duly signed by both parties.

No other type of change to this Agreement shall be recognized. The effective date of any

amendment will be the date it is signed by the Employer representative and the Business Manager. 

Section 3. Modifications or amendments to this Agreement may be required because of

changes in applicable laws, rules, regulations or policies issued by higher authority. Effective date of

modifications or amendments, required by higher authority, will be effective upon a receipt unless

Impact and Implementation negotiations have been requested by the Union and in such case shall

be effective when negotiations have been completed and duly signed by both parties. However, in

the situation of a sudden or unforeseen event the Agency must be able to make the necessary

modification or amendment. 

Section 4. In the interest ofmaintaining a clear written Agreement, the parties agree to

annually, on or about the anniversary date of the Agreement, meet to discuss any changes or 

amendments that have been reached during the previous year. Ifit is agreed upon that such changes

or amendments have created a confusing written Agreement, the Agreement can be rearranged and

reprinted to allow inclusion ofthe changes. Only changes and amendments that have already been

completed will be considered for inclusion. This intent is not to reopen the Agreement for

renegotiations, only for inclusion of changes previously agreed upon. 

Section 5. Any local modification to this Agreement that is agreed upon by the Employer

and the Union, will be posted on the official organizational bulletin board for information.

4-1
ARTICLE 5 

PARTICIPATION IN WAGE SURVEYS 

Section 1. DDSP recognizes LIU’s rights to participate in local wage surveys, in accordance

with all applicable laws.

5-1
ARTICLE 6 

BOARDS AND COMMITTEES AND MEETINGS 

Section 1. In order to ensure that the Bargaining Unit members are properly represented,

the Union shall have the right to appoint representatives (a member and an alternate from different

areas) designated by the Union, to all boards, committees and meetings, etc., which involve

personnel practices and policies and conditions of employment that may affect Bargaining Unit

employees. It is mutually understood and agreed that such appointees shall serve as regular

members of the boards, committees, meetings, etc., but their participation will be limited to

considerations affecting employees of the Unit. 

Section 2. Semi-annually the Employer will provide to the Union a list of all boards,

committees, meetings, etc., within DDSP. 

Section 3. Official time for travel and the time for the boards, committees, meetings, etc.,

shall be granted for Union appointed representatives (member or alternate) to attend such boards,

committees, meetings, etc., and for time to complete other functions directly related to the

completion of missions promulgated from those boards, committees, meetings, etc. The Employer

will make every effort possible to ensure that the member or alternate is available to be released.

6-1
ARTICLE 7 

PLANT VISITATIONS BY UNION REPRESENTATIVES 

Section 1. The Employer agrees to favorably endorse applications from authorized Local

and International Union representatives for access passes to the activity to carry out the functions

prescribed by this Agreement or as may be permitted by the Employer or regulations. It is agreed

and understood that the use of such passes will be in accordance with regulations and the provisions 

of this Contract. 

Section 2. It is further agreed that the Employer will make every reasonable effort to ensure

that the designated LIU representatives shall not be unduly restricted for access to all depots and/or

areas where bargaining unit employees may be located, i.e. automobile access stickers or photo

identification pass, if required.

7-1
ARTICLE 8 

UNION REPRESENTATION 

Section 1. The Employer will recognize the stewards duly authorized by the Union.

Stewards shall be so assigned as to assure each employee ready access to a steward. 

a) The Union may appoint one steward for each of the Employers first line supervisors. 

b) The Employer shall be informed of the steward designated to represent those employees

regularly assigned to each first line supervisor. 

c) The Union may designate one additional steward for Saturday and Sunday. Shift

stewards shall represent all employees on their respective shifts, but only on those

specific days. 

d) To the extent possible, stewards shall be appointed from among the employees they

regularly represent. Their activities shall be dedicated to these employees. 

e) The Employer shall not require stewards or other Union officials to perform

representational functions outside their regularly scheduled tour of duty. 

Section 2. The Union shall provide to the DDSP Commander and Program Manager of

LMER, the names of the stewards assigned with the designation of the employees each steward is

authorized to represent. The Employer shall be notified of changes in the steward designation

within ten (10) workdays of the change. A list of all stewards, their extensions, and location shall be

posted by the Employer on all official bulletin boards. 

Section 3. The Employer recognizes the person identified by the Union as Chief Steward.

The Chief Steward has the right to assist other stewards in the handling of actual and potential

grievances and other matters of employee representation. 

Section 4. Recognizing the mutual benefit ofresolving issues at the lowest level possible,

employees who have concerns or issues shall discuss the matter with their first line supervisors. In

these discussions they may be accompanied and/or represented by their assigned stewards ifthey so

choose. When representation is requested, the meeting will be arranged as soon as possible unless

compelling work commitments dictate otherwise. In any event a meeting will be held before the

close of the next business day at which all participants are available. The first line supervisor will

coordinate with the employee the time and place ofthe meeting. 

Section 5. Before leaving their own work areas, for the purposes of employee

representation, Union Officials and stewards will notify their first line supervisor and state their

business and destination. Ifthe request is in connection with officially sanctioned representational

functions, the representative's first line supervisor will arrange with the employee’s first line

supervisor a meeting at the earliest practicable time, but not beyond the end ofthe next business day

at which all participants are available. Ifit is necessary for Union Stewards to visit another work

area from that originally authorized, additional notification will be required as described in Section 6

of this Article. All time used by Union Stewards and Officials shall be kept track of on agreed upon 

logs.

8-1
Section 6. Before entering a work area or attempting to contact an employee for

representational purposes, during the employee's duty hours, Union Stewards shall state their

business to the employee’s first line supervisor. 

Section 7. Union Officials, the Chief Steward and other stewards shall be given a reasonable

amount of official time to perform the following officially sanctioned representational functions: 

a) Representing employees in; 

1) Grievances and Arbitration 

2) Response to proposed disciplinary actions 

3) Preliminary discussions of disciplinary actions 

4) Meetings between employee(s) and Employer representative(s) 

5) EEO complaints 

6) Statutory appeal rights 

7) Meetings with employees or other Union Officials from the Local or

International to investigate and/or prepare for any of the above 

8) Any other representation right provided in the law or regulation specifically

identified by the Business Manager or designee 

b) Representing the Union in; 

1) Grievances and Arbitration 

2) Negotiations 

3) Management meetings and management committees 

4) Formal discussions by management officials with Bargaining Unit employees

when discussions involve grievances, conditions of employment, working

conditions, or personnel policies and practices 

c) The time spent by Union Stewards and Officials in representational functions is to be

determined in accordance with those regulatory controls established by the Office of

Personnel Management, Federal law and this Agreement by balancing the potential

impact on workload and the rights of employees to be represented. 

1) The Employer will maintain and make available to the Union, upon request, a

monthly accurate accounting ofthe amount of time used by name and code of

the steward, using the time, number of hours used, and the date on which time

was used. Any disputes over the accuracy ofthe accounting shall be addressed

through the Business-Manager, or designee, and the DDSP Commander, or 

8-2
designee, for resolution. In cases ofsuspected abuse of official time, the

supervisor should discuss the matter with the Union Business-Manager. 

2) The use of official time by Union Officials and stewards shall not adversely

affect their performance appraisals or employment status, i.e. promotion, job

retention, etc. 

d) The Business-Manager and two (2) designees shall be entitled to 100% official time to

carry out Union responsibilities. 

1) The Employer shall not require any Union official to perform officially

sanctioned representational functions, (as described in Section 7 a-b of this

Article), outside his normal scheduled hours of duty. 

e) A one (1) hour monthly stewards update is authorized. 

Section 8. It is further agreed that contact between representatives of the Employer at the

Division level or higher and the LMER office and the Union will usually be with the Business

Manager of the Union and/or someone designated to act for him. It is further agreed that

arrangements for such meetings with representatives of the Union, who are not employees of the

Unit, will be made in advance with the LMER office by the Business Manager. Nothing herein shall

restrict representatives of the International Union from assisting Local Union Officers or stewards

on specific problems. 

Section 9. It is understood that employees may be accompanied in any discussions or

meetings with management officials by their assigned steward or other designated Union

Steward/Official, e.g. Workers Compensation meetings, Retirement counseling, etc. 

Section 10. The Employer agrees not to temporarily or permanently assign any Union

steward to a work area, site, shift, depot, tour of duty or hours ofwork different from that to which

they are presently assigned without notifying the Business Manager of the Union and giving an

explanation for doing so. In cases where other qualified employees are available to be assigned

instead of the Union steward, it shall not be attempted unless the steward volunteers for such an

assignment. Stewards shall be afforded every opportunity to volunteer for assignments along with

all other employees. 

a) Union stewards are not exempt from mandatory overtime/premium pay assignments or 

from being identified as excess in theirJob Title, Series and Grade thus being reassigned

through an excess process or a Reduction in Force procedure. 

b) Management recognizes the right of employees to be represented by officials of their

choice. In this spirit, management will not reassign union officials either arbitrarily or in

retaliation for legitimate union-related activity, as described in Bargaining History “55”.

To the extent deemed feasible, management will not reassign those union officials who

are on 100% official time. This, of course, is not intended to preclude reassignment or 

separation of union officials in the event of a RIF or for other bonafide reasons.

8-3
ARTICLE 9 

DISTRIBUTION OF AGREEMENT 

Section 1. The Employer agrees to print copies of this Agreement in an agreed upon size

print and in an 8.5 by 11 inch format. The Employer shall distribute this Agreement to all

employees currently in the bargaining unit within forty five (45) days from the date of DOD

approval of this Agreement and as well, to all employees who join the bargaining unit at the time of

Depot in-processing or during a new employee orientation, whichever comes first.

9-1
ARTICLE 10 

DUES DEDUCTIONS 

Section 1. Bargaining Unit members of the Union may authorize pay allotments to cover

Union dues and Union privilege premiums by filling out forms, SF-1187, in the Union office. 

Section 2. The Union will submit processed SF-1187 forms to the Finance Services

Division. The Employer shall date the SF-1187 as soon as it is received in Finance Sendees Division

and payroll deductions of Union dues or Union privilege premiums shall begin with the first full pay

period beginning after receipt of the SF-1187. If Union dues are currently being deducted from an

employee's pay, no SF-1187 shall be required to begin increased deductions to cover Union privilege

premiums. All that shall be required is a submission of an IOM indicating the amount and purpose

of the increase, signed by the employee and Business Manager or Secretary/Treasurer and processed

through the same channels as the SF-1187. The date of the employee’s signature on the SF-1187

shall be considered the anniversary date for cancellation of dues withholding, unless the Union

member's anniversary date has been subsequently changed as a result ofinternal Union practices.

No such anniversary dates are germane to Union privilege benefits or premiums. 

Section 3. After receipt by Finance Services, one (1) copy of the completed SF-1187 shall be

returned to the Union Treasurer and one copy shall be returned to the employee. 

Section 4. If the amount ofregular dues is changed in accordance with it's Constitution and

by-laws, the Union will certify that amount of change in writing to the Finance Services Division.

The Finance Services Division shall change the amount ofwithholding on the first full pay period

for which deduction is made after the effective date of that change. 

Section 5. The amount of dues deduction may not normally be changed more than one (1)

time in any period of twelve (12) consecutive months. The amount of dues deduction may be

changed more frequently by a mutual agreement of the parties. 

Section 6. The Employer shall provide the Union with a list of each payroll deduction which

identifies the Union, lists the names of each member who has authorized deductions with the

employee's organizational code and the individual and total deductions. This list will also indicate

pay/employment status of any entry that does not show the full amount deduction. No fee will be

charged for this service. 

Section 7. The Employer will remit the amount shown under Section 6 of this Article to the

Union not more than three (3) workdays after each bi-weekly payday. 

Section 8. The effective dates for the cancellation of Union dues deductions shall be the

beginning of the first full pay period following the anniversary date subject to the provisions of

Section 2 of this Article for employees whose SF-1188 has been received by the Payroll Division

prior to the anniversary date in the year in which cancellation is to be effective. 

a) Bargaining Unit employees wishing to stop the pay allotment to cover Union dues must

do so by completing a SF-1188, which must be obtained from the Finance Services

Division.

10-1
b) The Employer will discontinue payroll deduction of Union dues when: 

1) The bargaining unit employee ceases to be a member of the bargaining

unit or, 

2) When the Union notifies Finance Services Division that a member is suspended

or expelled from the Union. 

c) The Employer will discontinue payroll deduction of Union privilege premiums upon

written request from the employee and verification from the Union. 

Section 9. Although it is the primary responsibility ofthe Employer to cancel allotments of

Union dues when an employee is no longer in the bargaining unit or has properly processed a SF1188, the employee has a duty to advise the Employer when dues allotments are erroneously

withheld. There is no requirement to reimburse the employee for dues erroneously withheld and

recoup the money from the Union, 

Section 10. In the event of a temporary reassignment outside the LIU bargaining unit,

individuals have the right to initiate a letter to the Finance Service Division requesting their LIU

dues allotment to continue.

10-2
ARTICLE 11 

JURISDICTION 

Section 1. To the extent feasible and practical, management will assign Bargaining Unit

work to Bargaining Unit employees. (I.e. Non-bargaining - GS/WS) To the extent feasible and

practical, ongoing, continuous, or reoccurring Bargaining Unit work should not be performed by

non-Bargaining Unit employees.

11-1
ARTICLE 12 

EMPLOYEE RIGHTS AND PRIVILEGES 

Section 1. Employees of the Unit shall have, and shall be protected in the exercise of the

right, freely and without fear of penalty or reprisal, to form, join, and assist any labor organization or

to refrain from any such activity. Except as hereinafter expressly provided, the freedom of such

employees to assist any labor organization shall be recognized extending to participation in the

management of the organization and acting for the organization in the capacity of an organization

representative, including presentation ofits views to officials of the Executive Branch, the Congress,

or other appropriate authority except where such participation would result in a conflict ofinterest

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

Section 2. No bargaining unit employee shall be denied membership or be discriminated

against with respect to Union membership because ofrace, color, religion, national origin, sex, age,

preferential or non-preferential civil service status, political affiliation, marital status, or handicapping

condition. 

Section 3. Consistent with Tide VII, nothing in this Agreement shall authorize participation

in the management of a labor organization or acting as a representative of a labor organization by

any supervisor. Supervisors excluded from taking part in the management of a labor organization by

reason of conflict of interest or other incompatibility with law or officially assigned supervisory

duties may be members of the Union. 

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 the employee for payment of dues through the mutually agreed upon dues

withholding provisions ofArticle 10 ofthis Agreement. 

Section 5. Each employee has the right, regardless of Union membership, to bring matters

of personal concern to the attention of appropriate management officials in accordance with the

applicable laws, rules, regulations, and established policies and is not precluded from 

a) Being represented by an attorney or other representative (other than the Union) of the

employee's own choosing in any grievance or appeal action; (as long as a Union waiver

ofrepresentation has been approved by the Business Manager) or 

b) Exercising grievance or appellate rights established by law, rule, or regulation, except in

the case ofthe negotiated grievance procedure contained in Article 26 of this

Agreement.

12-1
ARTICLE 13 

BASIC WORKWEEK AND HOURS OF WORK 

Section 1. The basic workweek shall consist of five (5) consecutive, eight (8) working-hour

days to be Monday through Friday. (Any other established workweek shall be considered irregular) 

Section 2. The regular day shift shall be from 0715 to 1545. Regardless of hours of work, a

thirty (30) minute non-paid lunch period shall be included in each workday, as close to the middle of

the workday as is practicable and agreed upon. There shall be a fifteen (15) minute rest period

during the first and second half of the regular shift for all employees of the unit. These breaks are to

reduce the possibility ofwork accidents by reducing fatigue, to increase and maintain the high

quality and quantity ofwork, and to protect the employee’s health. Employees will be restricted to

their assigned building during rest periods, unless granted permission to leave by their supervisor. 

Section 3. The Employer agrees that irregular shifts and shift hours will be avoided to the

fullest extent possible. All workweeks shall normally include at least one of the RDO’s (Relief Days

Off) being a Saturday or Sunday. Whenever there are reasonable alternatives, shifts will be arranged

to avoid work on both Saturday and Sunday. 

Section 4. Employees will be allowed a sufficient amount of time as required and agreed

upon between the Union and the Employer, prior to meal periods and at the end of the workday,

for wash up, decontamination, returning of tools, equipment and vehicles, cleaning of the work area,

and returning to the work site or designated departure area. 

Section 5. To the maximum extent possible, except when the Employer determines it would

be seriously handicapped in carrying out its functions or that costs would be substantially increased

the Employer agrees to consider other options so that work schedules would not have to change to

avoid paying of overtime or travel pay. 

The Employer recognizes the value of advance notification to the Union when planning to

change the basic workweek, tour of duty, established shifts or hours ofwork. The Employer will

give the Union notice ofsuch change with as much advance notice as possible. The goal for such 

notification to the Union should be three (3) weeks under normal circumstances. 

Section 6. Shift assignments shall normally be permanent in accordance with applicable

regulations. Employees shall be given the opportunity to volunteer for changes in shift assignment

before mandatory changes in shift assignments are made. Voluntary changes in shift assignment

shall be made on the basis of seniority; involuntary and mandatory changes in shift assignments shall

be made on the basis ofinverse seniority. Seniority shall be determined by service computation date

of employees in the same job title, series, and grade and lowest identifiable organizational element as

the position to be filled through change in shift assignments. 

Section 7. The Employer shall not make permanent mandatory changes to shift assignments

if new employees are to be recruited to fill positions of the same title, series, and grade in the same

lowest identifiable organizational element. Temporary mandatory shift changes pending recruitment

and training of new employees shall be made on the basis of inverse seniority.

13-1
In the event that an employee is temporarily assigned to a different shift for more than fortyfive (45) calendar days beyond the issue date of the referral list, the Employer will notify the Union

and discuss additional procedures as necessary. 

Section 8. The Employer recognizes the value of advance notification to the employee when

planning shift changes. The Employer will give the employee as much advance notice as possible.

The goal for such notification to the Union should be two (2) weeks under normal circumstances. 

Section 9. The Employer agrees that records will be kept ofshift assignments. Such

information will be made available to the Union, upon request, to aid in resolving specific

complaints concerning shift assignments. 

Section 10. COMPRESSED WORK SCHEDULES: 

a) The employer hereby reaffirms the Command's commitment to uphold the law with

regard to CWS. The Union and the bargaining unit employees agree to maintain an

objective outlook toward CWS. When presenting issues to the Employer, mission

workload requirements will be considered in balance with employee morale concerns. 

b) Establishment, disestablishment, and all related aspects ofCWS, such as start and stop

times and available RDO's, shall be accomplished at the Lowest Identifiable

Organizational Element. The results of these decisions will be applied to all employees

ofsaid LIOE by their Service Computation Date. 

c) The following procedures will be applied when determining feasibility for those issues

described in paragraph (b) above: 

1) Availability ofRDO's on any given day will be tied to historical workload and

availability ofresources. 

2) When an RDO becomes available, (either new or vacated), it will be offered

first to the most senior employee currently on a CWS, then to other employees

on CWS in seniority order, and finally to non-participants in seniority order. 

3) If agreement cannot be reached on any of the issues stated above, a Union

official will meet with Division level management to attempt a resolution. 

4) If no agreement can be reached at Division level, then the issue(s) will be 

forwarded to the Commander/Designee and the Business Manager/Designee. 

5) If no consensus can be achieved, then the matter will be presented in a

mutually agreed upon dispute forum. 

d) A CWS shall consist of eight (8) days of ten (10) hours each, or eight (8) days of nine

(9) hours each with one eight (8) hour day, within an administrative pay period. 

e) Unless the agency would otherwise be seriously handicapped in carrying out its

function, or costs would be substantially increased, all employees shall have a minimum

of two (2) consecutive RDO’s within a workweek.

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1) If a determination is made (for example) that the number ofTuesday RDO's

must be reduced, only those employees with Tuesday RDO's will be effected.

It will be determined what other RDO's are available and they will be offered

to the effected employees in seniority order. 

2)

f) An employee's participation in CWS is strictly voluntary and as such there are no

"bumping rights" cither on or off ofCWS or in and out of an RDO. 

When an employee on CWS voluntarily transfers to another organization

where CWS currently exists, they will be regarded as a CWS participant, but

must take an available CWS tour and RDO. 

3) When an employee on CWS is transferred non-voluntarily to another

organization, they take their CWS and RDO with them. If this should cause

an imbalance of RDO's within that organization, paragraph (c)above, will be

followed. 

g) An employee is considered to be officially occupying a standard "core" eight (8) hour

shift. 

h) A CWS must encompass the core shift, i.e., work earlier or later or both but not start

later or get off earlier than the standard core eight (8) hour shift. This is not to imply a

flexible work schedule. 

i) Employees who elect not to participate in CWS will work their standard regular hours. 

1) The implementation ofCWS will not cause non-participating employees to

have to change their work hours or workweek. 

2) Employees returning from a CWS to an eight (8) hour workday, have the right

to return to the shift and workweek that they originally occupied unless,

through standard established procedures, they have had a shift or workweek

change during the time they were participating in CWS. 

j) When an employee has volunteered to work nine (9) or ten (10) hours per day on a

CWS, that employee shall not be entitled to overtime pay for those 1 or 2 hours that

exceed his standard core eight (8) hour workday. All other overtime and premium pay

and differential rules apply.

13-3
ARTICLE 14 

OVERTIME, HOLIDAY PAY, AND COMPENSATORY TIME 

Section 1. An employee, ifrequired to travel outside his regularly scheduled tour of duty, shall

receive overtime/compensatory time in accordance with the Fair Labor Standards Act. 

All Bargaining Unit employees who are on an approved paid leave status, during such shift

assignments as would be paid a differential, shall be paid the differential along with their approved leave

time in accordance with applicable FLSA provisions. 

Section 2. Overtime assignments shall be distributed fairly and in accordance with the negotiated

overtime administrative instruction. 

a) Failure to report for holiday work or overtime without an acceptable reason can be a

consideration for a disciplinary offense. 

b) Employees once notified of an overtime or holiday assignment to be worked, must follow

proper procedures for requesting leave, as ifit were a regular shift assignment. See the Overtime

Administration Instruction, Section 7. 

c) Prior to directing mandatory overtime or premium pay, consideration will be given to employees

personal circumstances to include scheduled and/or approved leave. Procedurally, this would be

handled like a normal leave request. 

d) For all overtime, call back or scheduled, worked not in succession with regularly scheduled

hours of duty, employees shall receive at least two (2) hours of compensatory time or pay

including any applicable shift premium or differential at the applicable rate ifthe employee

cannot be utilized for the full two (2) hours. 

Section 3. In the event that contiguous overtime is not possible then: 

a) Employees working overtime at the beginning or end of a regularly scheduled shift should

normally be given a minimum ofseven (7) hours non-paid break, between the overtime work

assignment and the regular shift. 

b) The Employer will make every effort to ensure that all overtime assignments scheduled for the

end ofthe workday are contiguous with the employee's regular scheduled workday, but will not

exceed twelve (12) hours total unless a declared emergency (as defined in the Glossary) has been

established. 

NOTE: Exceptions to the above will only be allowed once the Union Business-Manager or 

designee has been consulted.

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Section 4. (Call back overtime means officially ordered, permitted, or approved unscheduled

overtime assignments performed which requires telephonic communication to arrange with the employee 

and which requires the employee to return to his place of employment at a time outside his scheduled hours

of work. 

a) At the time that seniority lists for overtime are prepared, each employee will be requested to

indicate whether or not he wishes to be considered for call back overtime. Nothing herein

shall preclude an employee from submitting or removing his name at a later date. 

b) While using the call back list, every effort will be made to offer overtime in a fair manner to all

employees on the list. When a steward is available, he will be given the opportunity to be

present when calls are made. 

Section 5. Employees will earn compensatory time or overtime rates as well as any applicable

premium or differential pay when required to perform training or travel outside their regularly scheduled

hours ofwork in accordance with ELSA regulations. 

Section 6. Whenever an employee fails to receive their full pay on time for holiday or overtime

work, or fails to receive credit for compensatory time, the Employer will initiate documentation to correct

the shortage within two (2) working days. 

Section 7. COMPENSATORY TIME PROCEDURES: 

a) Employees may request compensatory time in lieu of overtime pay. Such compensatory time

earned must be used within twenty-six (26) pay periods ofthe pay period in which it is earned.

At the end of twenty-six (26) pay periods, any unused compensatory time will be paid as

overtime at the overtime rate in effect at the time the work was performed. 

b) Compensatory time will be charged in lieu of overtime only at the request ofthe employee. 

c) When an employee desires to use compensatory time earned, they will follow the same

procedures to request and be granted compensatory time off as requesting and being granted

annual leave. 

d) Supervisors will normally grant an employee’s request for compensatory time in lieu of

overtime pay. Supervisors will not require an employee to accept compensatory time in lieu of

overtime pay. 

e) Compensatory time balances will be reflected on the employees bi-weekly payroll statements. 

f) Employees may request conversion of earned Compensatory Time into overtime wages. 

Employees should be aware that ifmore than thirteen (13) pay periods have elapsed since the

compensatory time was earned, the conversion must be processed by DFAS, and will take

longer.

14-2
OVERTIME ADMINISTRATION INSTRUCTION 

PURPOSE: 

To provide a comprehensive system of administering the assignment of overtime to LIU

Bargaining Unit employees. 

NOTE: For the purpose of this instruction, overtime and premium pay assignments shall be

considered the same. Employees selected to work overtime under these instructions implies that

they are qualified to perform the duties of the overtime work assignment. 

Section 1. An employee, if required to work outside his regularly scheduled hours of the

day, whether within or outside his basic work week, shall receive compensatory time or overtime pay

at no less than time and one half of the employee's hourly rate plus differential or additional pay to

which the employee is entitled. An employee must have forty (40) hours in a paid status at the end

of the administrative workweek in order to be compensated at the overtime rate. This requirement

does not apply to the payment of differential or additional pay. 

Section 2. Overtime assignments shall be distributed in accordance with Section 3 below to

all employees in their job title, series, and grade within their lowest identifiable organizational

element. 

a) In order to obtain sufficient numbers of volunteers, before making mandatory overtime

assignments, the supervisor shall seek volunteers within title, series, and grade, within the

lowest identifiable organizational element first, then within the next lowest identifiable

organizational element, and so on. Once volunteers have been solicited throughout the

highest level of the organizational element, that does not go outside the Bargaining Unit,

Supervisors shall then solicit volunteers throughout the entire Bargaining Unit, (DDSP), 

before soliciting outside the Bargaining Unit or making mandatory overtime assignments. 

b) An employee who has requested and been granted light-duty status shall be exempt from

performing overtime work, either voluntary or involuntary. For record keeping purposes,

they shall be considered unavailable for overtime. 

Section 3. VOLUNTARY OVERTIME PROCEDURES: 

Each organizational element shall maintain a roster ofit’s employees, assigned or detailed,

by Service Computation Date seniority order and in title, series, and grade pools. Overtime shall be

offered to all employees on the roster starting with the most senior employee and descending

through the roster until enough volunteers are obtained. 

a) A separate seniority list containing all wage grade employees by title, series and grade

within the lowest identifiable organizational element shall be established for the purpose

of keeping an accurate record of overtime offered and/or worked. This list shall be

made available to the Union and/or the employees upon request. 

b) When an employee is notified of any overtime assignment at least one (1) workday prior

to that assignment and declines, he will be charged artificial hours in the amount of

hours offered. When an employee is notified of any overtime assignment in the same

workday as the overtime is to be worked and the employee declines, he will not be

charged any hours which were offered.

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c) When an employee works any overtime, (mandatory or voluntary), regardless of any

notice, he will be charged the actual number of hours worked. 

d) Employees should notify management if they want to be considered for overtime when

they are unavailable (leave, RDO, training, etc.) Management will attempt to contact

those employees whenever possible when offering overtime (phone calls, messages). 

c) New employees entering the organization will be placed on the overtime list with an

average of the hours worked between the lowest and highest employee’s hours worked. 

f) If an employee is unavailable for overtime work for thirty (30) consecutive calendar days

or more, that employee will be entered back on to the overtime list as a "new" employee. 

g) The overtime roster will be perpetual. 

Section 4. SELECTION OF VOLUNTEERS: 

a) The Employer shall prepare a list of employees by Service Computation Date for each

separate title, series, and grade in their lowest identifiable organizational element. 

b) During the first rotation through the list, offers of overtime will be made based on

Service Computation Date. Where overtime is offered, the Employer shall annotate

cither the actual hours worked or the number of artificial hours as illustrated below: 

1) Employee is offered 8 hours of overtime and declines - Employee is charged 8

artificial hours. 

2) Employee is offered 8 hours of overtime and accepts. Employee reports and

management subsequently cuts the overtime assignment short - Employee is only

charged the actual number of hours worked. 

3) Employee is offered 8 hours of overtime and accepts. Employee reports and

subsequently requests and is granted permission to leave early - Employee is

charged a combination of artificial and actual hours totaling 8 hours. 

4) Employee is offered overtime in the same working day as the overtime is to be

worked and declines - No artificial hours will be charged. 

5) Employee is "unavailable" - No artificial hours will be charged. 

c) After the first rotation, overtime will be offered to employees beginning with those who

have the lowest number of hours (both actual and artificial) and continuing throughout

those who have the highest number of hours (both actual and artificial). Where a tie

exists, overtime will be offered to the senior employee by Service Computation Date. 

Section 5. MANDATORY OVERTIME: 

A separate seniority list of all wage grade employees by title, series, and grade within the

lowest identifiable organizational element shall be established for the purpose of keeping an accurate 

record ofmandatory overtime worked. Mandatory overtime shall be tracked by incident, and not

hours. This list shall be made available to the Union and/or the employees upon request.

14-4
a) Mandatory assignments shall be made on the basis of inverse seniority. The least senior

employee shall be the first employee mandated and an indicator arrow shall move up

the list ending with the most senior employee and then starting over at the bottom. 

b) Scheduled and approved leave shall take precedence over any mandatory overtime

assignment from the end of the employees last regularly scheduled workday until the

beginning of the employees next scheduled workday. 

c) If an employees name is skipped over on the roster a number one (1) will be placed

next to the employees name. If the employee is skipped over again a number two (2)

will be placed next to his name and so on. Before the indicator arrow is moved up the

list, all employees with numbers will be mandated first and then the rest of the

mandatory assignments shall be made following the provisions of paragraph a of this

section. 

d) Regardless ofwhere the indicator arrow is on the mandatory list or of how many

employees have been skipped, the mandatory overtime roster shall start over again

from scratch every October 1st of the year. 

e) A record of dates that an employee has been mandated to work overtime must be kept

in such a manner that would allow a review for the past twelve (12) months. 

f) New employees will be placed on the mandatory overtime list by their Service

Computation Date (SCD). 

g) In situations where it can be forecast that a probable mandatory overtime situation will

occur: 

1) Management will publicize this probability. 

2) Individuals should be aware, every holiday weekend creates the atmosphere that

mandatory overtime will be required. 

3) A cut off date for within an organization for volunteers for overtime will be

established at least three (3) working days prior to the projected day the

mandatory overtime will occur. 

4) Any internal organization volunteers after Tuesday will only be authorized to

work to replace a mandated individual. If no mandated personnel are scheduled,

the internal organization volunteer will not bump an outside organization

individual who has been scheduled for voluntary overtime. 

5) If a volunteer becomes available, the last person mandated shall be the first

person asked ifthey now desire to be off the overtime roster or not. If that

individual elects to stay on the overtime roster, they are now in a volunteer status

and the next person in order will then be offered the same opportunity. The first

individual to accept being taken offthe overtime schedule will return to their

appropriate position on the mandatory overtime roster with this particular

incident not being counted.

14-5
h) A record of employees skipped over for mandatory assignments, must be kept with dates

and reasons skipped for a review as in paragraph e of this section. 

i) If a supervisor feels it is necessary and if it can be justified, an employee can have action

proposed for missing a mandatory assignment. The charge will be "Failure to work a

mandatory overtime assignment". 

Section 6. CALL BACK OVERTIME: 

Call back overtime is described as a requirement for overtime that is not scheduled in

advance and requires telephonic communication in order to bring an employee in to perform duties. 

a) Alist will be established of interested employees who are willing to be called back for

unscheduled overtime. An employee can add or delete his name at any time. 

b) While using the call back list every effort will be made to offer overtime in a fair manner

to all employees on the list. When a steward is available, they will be given the

opportunity to be present when calls are made. 

c) Call back overtime that is worked shall be recorded on the voluntary overtime list. 

d) Employees shall receive at least two (2) hours of pay or compensatory time including any

applicable shift premium at the applicable rate for overtime ifthey are called in and

cannot be utilized for the full two (2) hours. 

e) Employees cannot be forced to report when utilizing the call back list. 

Section 7. FAILURE TO MEET OVERTIME OBLIGATIONS: 

Once employees are notified that they are indeed working an overtime assignment, the

assignment is to be looked upon as a regularly scheduled obligation. 

a) The procedure for calling off on an overtime assignment is different from that of a

normal working day. If an employee is either unable to report, or unable to report on

time, they must contact the supervisor ofthe area where they are scheduled to work

within fifteen (15) minutes before to fifteen (15) minutes after their scheduled starting

time. Failure to do so may result in a disciplinary action in addition to the

administrative sanctions. In the case of tardiness, the supervisor (or their designee)

may, at that time, decide whether or not the employee’s services are still needed. In

either case ifthe overtime assignment is not worked, it will count as one instance of

"Failing to report for a scheduled overtime assignment". 

b) Supervisors suspecting the validity of an employee’s request for excusal shall follow

applicable rules for denial ofleave or request for documentation. 

c) Employees who are repeatedly late for overtime assignments (without justification) can

be subject to tardiness infractions and may be subject to disciplinary action.

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d) VOLUNTARY OVERTIME (FAILURE TO REPORT) Here are recommended

guidelines: 

1) First offense of failure to report for an overtime assignment. Supervisor prepares

a “Memorandum for Record” of the incident. 

2) Second offense of failure to report for an overtime assignment within ninety (90)

days of the initial MFR. Supervisor prepares a “Memorandum for Record” of the

incident and credits the employee with double the offered hours of artificial time

and the scheduled number of hours for that day on the voluntary overtime roster. 

3) Third offense of failure to report for an overtime assignment within ninety (90)

days of the initial MFR. Supervisor prepares a “Memorandum for Record” of the

incident and credits the number of hours scheduled for that day on the voluntary

overtime roster. The employee is prohibited from working overtime for a period

of ninety (90) days, excluding mandatory overtime assignments, from the date of

the MFR for the last incident. Upon completion of this ninety (90) day period,

the employee is added back to the voluntary overtime roster as a new employee,

equal to the employee with the highest number of hours, plus one hour. 

NOTE: It is understood that the employee and his supervisor will be given a copy of all

“Memorandum for Records”. Also, if an incident occurs outside of the ninety (90) days from the

first incident, but within ninety (90) days of the second incident, the second incident becomes the

first, etc. 

Section 8. GENERAL: 

The Employer will follow Section 3 of this instruction for making overtime assignments.

The only exception would be when special training or special clearances are required to perform

duties then these employees may be allowed to be used in their own overtime list if the following

conditions are met: 

a) The employee must have some inclusion in a Position Description that sets them apart

from other employees. 

b) Other employees with the same title, series, and grade within their organizational

clement shall be afforded sufficient opportunities to obtain the same training. 

c) The employer will not be allowed to make general observations of Position Description

differences such as, Bin Operations Packers PD's read differently than IMC Packers

PD's so therefore they are special and cannot work in each others areas. 

d) Employees will earn overtime rates or compensatory time as well as any applicable

premium or differential pay when required to perform training or travel outside their

regularly scheduled hours ofwork in accordance with FLSA regulations.

14-7
ARTICLE 15 

ANNUAL LEAVE 

Section 1. The Employer agrees to distribute annually by NLT 15 November, agreed upon

DDSP/LIU Annual Leave Schedule Form, to be completed by each employee in each

organizational element. The employees shall complete the leave schedule request by NLT 30

November (compensatory time excluded). Failure of the employee to return a leave schedule by 30

November will result in the employee's request being placed at the bottom of the seniority list for

the first round ofresolutions only, with the exception of unavailability of the employee such as

leave, TDY, etc. The Employer shall resolve all conflicting leave schedules on the basis of seniority

and request amended schedules from the affected employees for each round as may be needed to

include coverage of all use or lose leave in accordance with the provisions of this article. The

Employer shall notify all employees of final approval by NLT 31 December. 

Section 2. Scheduled Annual Leave does not need to be subsequently requested. Employees

have the right to report to work on days that they have scheduled and they do not surrender their

right to their pre-approved status. If they wish not to complete the workday however, they must

notify their supervisor at the beginning of the shift as to when they plan to leave or else they must

request leave in accordance with unscheduled leave procedures. 

Section 3. UNSCHEDULED LEAVE: 

a) Employees shall normally obtain prior approval of unscheduled annual leave from

their immediate supervisors or his or her designees. 

b) Employees requesting annual leave for emergency purposes will notify their

immediate supervisor or the supervisor's designee within two (2) hours after the

beginning of the employee's regularly scheduled tour of duty. Approval of annual

leave, if available, shall be granted to all employees without discrimination upon

justification to the responsible supervisor of the urgency of the requirement and

inability to request leave in advance. Granting of annual leave for emergency

purposes will not be unreasonably withheld. 

Section 4. Employees shall be afforded the opportunity to place on this Annual Leave

Schedule, their preferences of vacation periods or any other periods of time consistent with their

desires. The maximum number of hours ofAnnual Leave available, or that will be accrued during

the leave year may be scheduled. It is agreed that consistent with workload requirements, the largest

number of employees possible in each organizational element may schedule and have approved

leave during the same period of time. Conflicts in the scheduling ofleave on the original leave 

schedule shall be resolved by SCD seniority. Approved annual leave on the leave schedule form

shall not be changed due to the subsequent request for leave by more senior employees. All other

conflicting requests for Annual Leave, shall be decided on the basis of seniority regardless of the

date on which the request was made. Limits for scheduled leave shall not be imposed on the

duration ofthe employee's vacation request when the employee has sufficient annual leave to cover

the request. The Employer shall not require an employee to submit any subsequent requests for

approval of annual leave already approved on the DDSP/LIU Annual Leave Schedule Form. It is

agreed that copies of approved individual leave schedules shall be furnished to the Union by 15

April.

15-1
Section 5, An employee may change the dates of his scheduled leave, provided the change

does not adversely affect the approved leave schedule of other employees or interfere with work

load requirements. 

Section 6. No arbitrary number/pcrcentagc of employees shall be limited by the Employer

to take leave. All approval of leave shall be balanced between the employees needs and workload

requirements. 

Section 7. Advanced (unearned) Annual Leave can be requested, provided that the number

of hours requested does not exceed what will be accrued during the remainder of the leave year. 

Section 8. The Management and Union agree to maintain an objective outlook regarding

annual leave. When making the decision to approve or cancel leave due to an overriding exigency,

mission workload requirements will be considered in balance with employee morale concerns. 

Section 9. If, after consultation and/or negotiation with the Union, the Employer schedules

a shut down of activities in any organizational element for any purpose of a temporary nature, every

effort shall be made to provide work for employees on the basis of seniority within the affected

organizational element. This section does not preclude the complete shut down of all organizational

elements in the Bargaining Unit. The Employer agrees to advance Annual Leave in the amount that

employees who cannot be provided work will accrue during the remainder of the leave year, or all

affected employees may elect LWOP status in lieu ofAnnual Leave during the entire shut down

period. 

Section 10. Since there is no obligation for the Employer to grant unscheduled leave,

employees should schedule as much leave as they would forfeit at the end ofthe leave year ifit were

not used. For the purposes of avoiding forfeiture only the employee can schedule his or her own

Annual Leave to avoid forfeiture. 

Section 11. USE OR LOSE LEAVE: 

a) Supervisors and employees are required to work together in order to schedule all use

or lose leave no less than three (3) pay periods prior to the end ofthe government leave 

year. 

b) Use or lose not scheduled at least three (3) weeks prior to the end ofthe Government

leave year could be forfeited if not used by the end ofthe Government leave year. 

c) Restoration of forfeited Annual Leave will only be allowed if one ofthree conditions

are met and the leave cannot be rescheduled: 

1) Leave is lost due to an administrative error; 

2) Leave is lost because of an approved exigency of service; 

3) Leave is lost because ofillness ofthe employee when the leave was to be used.

15-2
Section 12. Employees are required to keep track of their Annual Leave balances to ensure

that they have sufficient leave to cover scheduled absences. Failure to have sufficient leave while

absent from work may result in AWOL and subsequent disciplinary action may follow. 

Section 13. COMPENSATORY TIME: 

a) Compensatory rime will nor be included in the Annual Leave schedule. 

b) The employee may charge Compensatory Time in lieu of Annual Leave when available. 

c) The use of Compensatory Time will be requested in the same manners as unscheduled

Annual Leave.

15-3
ARTICLE 16 

SICK LEAVE 

Section 1. Employees shall accrue Sick Leave in accordance with applicable law and

regulation. Subject to the provisions of this Article, Sick Leave, if available, shall be granted upon

request by employees when they are unable to perform their duties by reason of sickness, injury,

pregnancy, or medical confinement; for medical, dental, or optical examination or treatment. Leave

can also be obtained under the provisions of Family Friendly Leave Act (FFLA) and/or Family

Medical Leave Act (F'MLA). 

Section 2. Sick Leave not previously scheduled shall be requested within the first two (2)

hours of the employee's tour of duty unless there are circumstances which would prevent the

employee from doing so. In any case, the employee must request sick leave as soon as

circumstances permit. 

Section 3. Employees shall be required to furnish a doctor's certificate1, upon the first day of

returning to duty, for the following reasons only; 

1 Employees are reminded that the most preferred form ofmedical documentation is the SF-71. Employees should

make an effort to keep a SF-71 with them at all times. 

a) For any absences of Sick Leave which exceeds four (4) calendar days. 

• Sick Leave status - defined as any leave status (Annual, Sick, or Compensatory

leave) where the purpose for the absence is normally defined as Sick Leave in

Section 1 above. 

b) When using LWOP for a Sick Leave absence. 

c) When returning to work following an absence due to a communicable disease of either

the employee or a family member. 

d) When a request is ofsuspicious nature, an employee may be required to furnish

documentation for that incident, (i.e., when an employee requests Annual Leave or

Compensatory Time, and that request is denied, followed by a claim of need for Sick

Leave). 

NOTE: Supervisors and employees are reminded that they should be aware of the number of

undocumented Sick Leave days used. 

Supervisors shall notify Depot Security for the purposes ofrequesting an investigation and

courtesy copy the Union and the employee with a copy ofthe written request. (Intent is to use

security to investigate those incidents where there is potentially true incidents ofillegal use of Sick

Leave, i.e. fraud; individual had annual leave denied, called off sick; and information or evidence

becomes available which would prove the individual was not truly in need of Sick Leave).

16-1
Section 4. Except in emergency situations, employees shall not be required to report to a

medical facility prior to being placed on Sick Leave, unless the illness or injury is suspected of being 

job-related. Employees who elect to go to the dispensary are nor automatically relieved of

requirement for documentation ifthey are under the conditions requiring the same. Such

documentation shall be acceptable if provided by the Medical Officer ifthe documentation is

specific and addresses in some manner incapacitation. If Medical Officer documentation simply

instructs for individual to see family doctor, this is not acccptable/supporting documentation. 

Section 5. At the initial time of notification to their supervisor that they desire to be placed

on Sick Leave the individual is also responsible to provide a projected return to duty date that is

acknowledged by the supervisor. Ifthe individual cannot return on that estimated day of return to

duty, they are responsible to re-contact their supervisor to update their status/situation and establish

a new return to duty date. 

Section 6. The Employer shall inform the employees of correct phone numbers that the

employees will use for purposes of requesting unscheduled Sick Leave. Employees shall only be

required to make one (1) phone contact for requesting Sick Leave. The Employer shall then be

responsible for contacting the employee for the purposes of verification ofsick leave requests. 

2

Section 7. Employees are encouraged and advised that they should use their Sick Leave

conservatively and for legal purposes and to document all their sick absences. 

2 Phone contact means leaving a message with a person or a recording device. 

a) Unearned Sick Leave may be advanced to an employee in cases of serious illness or 

disability in accordance with the provisions of this Agreement and applicable laws,

regulations and negotiated instructions. 

b) Employees are not assured to be granted LWOP or advanced Sick Leave ifthey run out

of Sick Leave and become ill or injured. If an employee has a frequent short term Sick

Leave usage history, that employee will not be assured of having advance Sick Leave or 

LWOP granted. The results could be AWOL and disciplinary action. 

c) Employees are advised that they are responsible for being aware of their own leave

balances. Employees are further advised that under certain circumstances, Sick Leave

gets automatically converted to Compensatory Time, Annual Leave, then to LWOP 

when they run out of Sick Leave. They should be aware that while using LWOP for sick

leave purposes, a medical certificate is required. Failure to provide a medical certificate

under LWOP conditions may result in an AWOL charge and possible disciplinary action. 

Employees may also discuss with their supervisor other possible alternatives such as advance

leave, Disability Retirement, Voluntary Leave Transfer Program, and the Family Friendly Leave Act

(FFLA) and Family Medical Leave Act (FMLA).

16-2
ARTICLE 17 

LEAVE OF ABSENCE AND PERIODS OF LEAVE WITHOUT PAY 

Absences can be charged to LWOP only when the employee specifically requests LWOP or

when he has insufficient Annual Leave, Sick Leave, or Compensatory Time available to cover an

approved absence. LWOP cannot be imposed as a penalty, nor can an employee be required to

apply for LWOP in Heu of suspension. It must not be confused with Absence Without Leave

(AWOL) which is charged for unauthorized absence for which the employee's Sick Leave request

was denied or unjustified. 

'fhe granting of LWOP is a matter of administrative direction. An employee cannot demand

that he be granted LWOP except as follows: 

a) A disabled veteran must not be denied LWOP if necessary to cover an absence for

medical treatment. 

b) A Reservist or National Guardsman must not be denied LWOP if necessary to perform

military training duties. 

LWOP should be granted only when it is apparent that it will result in increased job ability,

protection or improvement in the employee's health, or the retention of a desirable employee.

Circumstances in which the approval of LWOP would be appropriate include (but are not limited

to) the following: 

a) Educational purposes when the course ofstudy is in line with work performed with DLA

and completion of the course would serve the best interests ofDLA. 

b) Temporary service with a non-Federal or private enterprise when it will contribute to the

public welfare or when the experience to be gained will benefit DLA. 

c) For recovery from illness or disability not of a permanent or disqualifying nature. 

d) For protecting an employee's status and benefits pending final action by the Civil Service

Commission on his claim for disability retirement, after all Sick and Annual Leave have

been exhausted. 

e) For protecting an employee's status and benefits pending action by Worker's

Compensation on a claim resulting from a work-related illness or injury or during a

period the employee is carried on the rolls while he is being compensated by Worker's

Compensation. 

f) To avoid a break in service for employees who must relocate because of the transfer of

the head ofthe household. Such employees are granted LWOP upon their request for a

period of not more than ninety (90) calendar days when their placement elsewhere in the

Federal service before the expiration of this period is anticipated. 

g) For service with a recognized employee organization.

17-1
h) For use in lieu of Annual Leave. 

i) The Union may designate a reasonable number of employee members as delegates to any

Union activity necessitating a leave of absence. Such employees will, after due consideration to the

needs of the activity, be granted Annual Leave or Leave Without Pay. 

j) The I employer agrees that requests for a period of Leave Without Pay from an employee

of the Unit, for the purposes of conducting Union business may be submitted in writing, directly

from the Business Manager of the Union to the Employer. 

Accrual of leave, service credit, return to duty, pay entitlement, retention preference, and all

other conditions of employment shall be subject to the provisions of applicable law and regulation.

It is agreed that a decision made pursuant thereto by the Employer in individual cases will be

discussed with the Union. 

k) Leave Without Pay may be granted for the purpose of assisting or caring for mothers

and/or children in connection with the delivery or adoption of children. 

There is no maximum prescribed bylaw or regulation on the amount of LWOP which can

be granted. Costs and inconveniences as a result of granting extended LWOP include encumbrance

of a position, loss ofservices, complication ofretention registers in event ofreduction-in-force,

obligation to provide activity employment at the end of the approved leave period, credit ofsix (6)

months of each year towards retirement without employee contributions, and eligibility for

continued coverage (without cost to the employee for up to one (1) year of nonpay status) under the

Federal Employees' Group Life Insurance and Federal Health Benefits Act. These costs and

inconveniences should be weighed against the benefits to be gained by granting LWOP. 

LWOP is not granted to an employee who is being returned from overseas at Government

expense for separation. 

Supervisors authorized to approve Annual and Sick Leave determine, subject to any higher

administrative approval required locally, when requests for LWOP for one (1) year or less may be

granted. Initial grants ofLWOP may not exceed twelve (12) months. If an additional grant is

deemed justified, the employee's request for extension must be submitted to the Commander or his

designated representative for prior approval. Extension beyond one (1) year is approved only when

interests of the Federal service will be furthered, or when it is determined administratively that,

because of unusual circumstances, the employee would be subjected to undo hardship if the

extension where denied.

17-2
ARTICLE 18 

HOLIDAYS 

Section 1. The Employer agrees to authorize the use of Annual Leave to each Bargaining

Unit employee on his/her birthday provided the employee has the Annual Leave to his credit. 

Section 2. The administrative workweek begins on Sunday and ends on Saturday. Any nonscheduled workdays are considered RDO's. (Relief Days Off) 

Section 3. When a Holiday falls on the employee’s first RDO of the administrative

workweek, they observe the next scheduled workday as the Holiday. When a Holiday falls on any

other of the employee’s RDO’s of the administrative workweek, they observe the preceding

scheduled workday. When the Holiday falls on one of their regular scheduled workdays, they

observe the Holiday on that day. 

For the purposes of clarification it is understood that, the following Holidays are actually on

the day of the month that they fall, regardless of how they appear on a government calendar, subject

to the provisions of this Article. 

New Year's Day 

Independence Day 

Veterans Day

Christmas Day 

January 1st

July 4th 

November 11th 

December 25th

18-1
ARTICLE 19 

ADMINISTRATIVE EXCUSAL 

Section 1. Union officers and stewards may be excused without charge to leave or loss of

pay to receive information, briefing or orientation determined by the Employer to be of mutual

concern to the Employer and the Union. Such determination is typically provided at LMER (Labor

Management Employee Relations). 

Section 2. Excusal for such purposes will be requested as much as possible in advance and

will include a complete agenda of those appropriate items to be discussed. 

Section 3. On election days, in accordance with applicable regulations, the Employer agrees

that when the polls are not open for at least two (2) hours, either before or after normal duty hours,

the employee may be granted an amount of excused absence which will permit him to report to

work two (2) hours after the polls open or leave work two (2) hours before the polls close,

whichever requires the lesser amount of time. Under exceptional circumstances where the general

rules do not permit sufficient time, an employee may be excused for such additional time as may be

needed to enable him to vote, depending on the particular circumstances in his individual case, but

not to exceed one (1) full day. 

Section 4. The Employer agrees that whenever it becomes reasonably necessary to close the

activity because of severe weather conditions or other emergency situations, an excused absence will

be granted. The Employer will inform all employees in advance, if possible, by private or public

media. The provisions of Section 4 of this Article, shall not preclude the Employer from making

appropriate use of critical or essential personnel for the purposes of emergency operations, provided 

such conditions of performance have been included in an individual's Position Description and the

employee's name must appear on the essential personnel list. 

Section 5. When severe weather conditions or other emergency situations reasonable exist

that have developed during the workday, and employees have safety concerns about traveling if base

closure is not immediately pending, to the maximum extent feasible, management will allow

employees to take Annual Leave.” 

a) If a base closure is decided upon after an employee has departed on Annual Leave under

the conditions of Section 5 of this Article, the difference in time used between the base

closure and the end of the employee's workday shall be converted to an Administrative

Excusal. 

b) Employees who are on scheduled leave or call in to request leave and subsequently, the

base closes during the employee’s shift, will be carried under the leave that was requested

providing that leave is available. 

Section 6. Employees who are veterans may be excused for up to four (4) hours in any one

day, without charge to leave, to enable them to participate as members of firing squads, pall bearer

detail, or guards of honor in military funeral ceremonies for other veterans, provided prior

notification has been given. Documentation from a duly authorized official is required to support

the absence.

19-1
Section 7. Employees shall be entitled to attend National Guard or Reserve Drills. All other

absences will be covered with Annual Leave or LWOP at the discretion of the employee. 

Section 8. Employees who are members of an emergency rescue or protective service

organization will identify their emergency service status annually to their immediate supervisor.

Thereafter, Administrative Leave may be granted to an employee who can be spared, without

interference to essential operations or to the security and safety of the installation, to participate in

emergency rescue or protective work during an emergency (i.e. fire, EMT, flood, river rescue, or 

Civil Air Patrol search operations). Employees who have engaged in these activities during off-duty

hours, during a period normally reserved for sleep, may be granted Administrative Leave for a

portion or all of their next scheduled shift, ifinsufficient time was available for necessary rest and

recuperation. Normally, this will not exceed eight (8) work hours. Consideration will be given to

the fact that an employee may have worked up to and even into their regularly scheduled shift and

that the employee may need their entire shift off for that day. Written verification from an

appropriate official (i.e. fire chief, etc.) will be required to document the employee’s participation in

the emergency service. The amount ofAdministrative Leave granted for this purpose will not

exceed forty (40) hours per calendar year.

19-2
ARTICLE 20 

THIS PAGE INTENTIONALLY LEFT BLANK

20-1
ARTICLE 21 

REDUCTION IN FORCE 

Section 1. The Employer shall give the Union as much advance notice as possible, in any

event no less than six (6) months, of an impending Reduction In Force, the necessity and reasons

therefor. The Employer shall also inform the Union of the competitive levels affected and the

probable number of positions affected in each level. The Union will be provided the opportunity to

fully participate in all facets of the entire RIF process to include necessary training. 

Section 2. The Employer will recognize the bumping and retreating rights of all employees,

including those on approved Leaves ofAbsence, and will consider, in accordance with existing rules

and regulations, seniority, veteran's preference, and group and subgroup in cases of Reduction In

Force. When an employee receives a Reduction In Force notice, he shall be permitted to review

retention lists, including the temporary employee lists pertaining to all positions for which he is

qualified. An employee so affected shall have the right to the assistance of the Union when

checking such lists. Upon request by the Union, a copy of all retention registers and initial lists used

by the Civilian Personnel Office, for the reduction in force, will be furnished to the Union. It is

mutually understood that such listings are not the official lists used to effect the Reduction In Force. 

Section 3. Career or career-conditional employees separated by Reduction In Force will be

given preference for returning from the Re-employment Priority List to the extent that all governing

regulations permit or require. Within thirty (30) days of RIF separation, employees must apply for

inclusion on the Re-employment Priority List (RPL). 

Section 4. Career or career-conditional employees, prior to separation by reason of a

reduction in force action, will be given priority consideration for placement in temporary positions

for which they qualify. The acceptance or declination of such a position will not cause their name to

be removed from the Re-employment Priority List or the priority placement list for permanent

positions. 

Section 5. Any permanent status employee who is separated because of a Reduction In

Force action must request to have their name entered on any re-hiring list for temporary status 

positions. Acceptance or declination ofsuch a position will not cause their name to be removed

from the Re-employment Priority List or the priority placement list for permanent positions. 

Section 6. Vacant positions for which recruitment is authorized will be filled to the

maximum extent possible by qualified employees to avoid separation by Reduction In Force. 

Section 7. Employees shall be given a reasonable amount of official time, consistent with 

management practices, for the purpose of checking into other employment, once they have received

a RIF notice. The extent of official time to be granted will be subject to negotiations at the time of

any RIF. 

Section 8. An employee’s entitlement to additional retention service credit for performance

shall be based on the employee’s three most recent ratings ofrecord in the last four (4) years

received prior to the date ofissuance of Reduction In Force notices. 

Section 9. All affected employees will be provided information on training and 

outplacement services as provided for by rules, regulations, and law.

21-1
ARTICLE 22 

TRANSFER AND RELOCATION OF EMPLOYEES 

Section 1. It is mutually agreed that the Employer shall assist any Unit employee in securing

a job in another locality when it becomes necessary for him to move from the present area. Such

assistance shall include, but is not limited to, furnishing to the employee a list of Government

Activities in the new area, assisting upon request and without undue delay, the employee in the

preparation of an application for Government employment, (SF 171/OF612, resumes, etc.) assisting

in the preparation of personal letters in connection with employment at a new activity. 

Section 2. When a Unit employee is found by the activity Medical Officer to be medically

unable to perform the duties of his position description because of environmental conditions, and it

is the opinion of the Medical Officer that such employee should relocate, the Employer agrees to

initiate immediate action, upon the request of the employee, to attempt to effect a transfer to

activities in the arca(s) prescribed by the Medical Officer. 

Section 3. The Employer agrees to grant, upon request, Annual Leave to a Unit employee 

for a period of fifteen (15) workdays, prior to the employee’s resignation, if such leave is available

and workload and staffing levels permit, providing the reason for the resignation is to relocate for

medical reasons. 

Section 4. The Employer agrees to consult with the Union upon request ifleave, other than

Annual Leave, is requested by an employee for the purpose ofseeking employment.

22-1
ARTICLE 23 

PERFORMANCE RATINGS 

Section 1. The Employer agrees that when time standards, work measurements, or other

means are used to determine the length of time required to complete a job, such standards

should not be used as the sole criterion to judge the performance or output of an employee.

It is agreed that the Union shall have the right to discuss the validity of time standards used

in the Unit. It is not intended to limit management's determination of the standards to be

used. 

Section 2. DEVELOPMENT OF PERFORMANCE STANDARDS: 

a) Performance plans shall be developed individually between each employee and their

first line supervisor in accordance with Agency regulations and OPM guidelines. Generic

plans shall not be used unless it can be demonstrated by the Employer that the affected

work unit could be rated as a group or it is determined the group is assigned to one (1)

Position Description. The supervisor shall submit a proposed plan to the employee who

shall then have five (5) working days to return it with comments if desired. They shall

then negotiate an individually agreed upon plan and affix their signatures to it, prior to

submission to second line supervision for review. If, for any reason, agreement cannot be

reached at the time of the second meeting, the final determination will be made by the

second line supervisor after discussion/explanation with the first line supervisor and the

employee. All three will then sign the performance standards. Signing of the form by the

employee does not indicate the employee agrees with the performance standards. 

b) Negative job performance factors such as error rates, on-time performance, and

accuracy shall only be measured in terms of, and consistent with, stated agency goals

if used as part of a critical element. 

c) Where used in a performance plan, the term "supervisory intervention" shall be

defined as: 

(1) Those instances where a supervisor deems it necessary to intervene in an

employee's performance ofratable duties in order to correct a deficiency of

which the employee clearly should have been aware. 

(2) Questioning by the employee, clearly in excess ofwhat is reasonable and 

necessary, ofmanagement concerning work related processes for which the

employee is responsible. 

(3) "Supervisory Intervention" shall not apply to any action which could be

addressed as a disciplinary action. 

d) Performance standards not meeting these standards for legal sufficiency shall be

grievable.

23-1
Section 3. PERFORMANCE RATINGS: 

a) An employee’s immediate supervisor shall evaluate and appraise the employee's

performance. When there are indications that an employee’s performance is less than

satisfactory in any performance element, the supervisor will meet with the employee

to discuss the employee's performance and determine the efforts and/or training

required to improve the employee's performance. 

b) Supervisors shall meet with the employees individually to discuss their performance

appraisal at the time the appraisals are given. This discussion shall be in private and 

employees shall be informed that they are permitted to add comments to the record if

they object to any part of their appraisal. The employee's signature, in all cases,

indicate only that the discussion took place and the rating was received. It does not

constitute agreement with the rating. 

c) Any data used to assign a rating level in a critical element shall be shown to the

employee upon request. 

d) Ratings below "Fully Successful" in any element shall be briefly explained in writing on

the performance rating under "Supervisory Comments". 

Section 4. UNSATISFACTORY PERFORMANCE: 

a) When it has been determined that an employee's work performance is below fully

successful or worse, the employee will be notified in writing of the unsatisfactory

performance, what action must be taken to improve the performance to fully successful

or better, and the assistance which will be provided by the Employer. An employee shall

be given a minimum ofsixty (60) days but not more than ninety (90) days in which to

bring the performance up to an acceptable level. Employees shall have the right to

answer the warning of unsatisfactory performance orally or in writing. The answer must

be presented to the employee's first line supervisor within ten (10) workdays of the

employee's receipt of the warning. Prior to answering the unsatisfactory warning, the

employee shall have the right to review the performance appraisal file and the

information on which the unsatisfactory warning was based. The employee may be

represented by the Union in answering the unsatisfactory warning and reviewing the

appraisal file and the information on which the warning was based. 

b) At the end of the sixty (60) to ninety (90) day warning period, a written appraisal of the

employee's work performance shall be issued. If the performance has not improved to

an acceptable level, the Employer shall give the employee a thirty (30) calendar day 

advance notice of proposed adverse action, which identifies: 

(1) Where appropriate, specific instances of unsatisfactory performance by the

employee on which the proposed action is based. 

(2) The critical elements of the employee's position involved in each instance of

unacceptable performance.

23-2
c) It is agreed that the employee who is reduced in grade or removed because of

unsatisfactory performance shall be informed in writing of his or her right to appeal the

matter to the Merit Systems Protection Board under the statutory procedure of 5 U.S.C.

43.3 or under the negotiated grievance procedure of this agreement. 

Section 5. GENERAL PROVISIONS: 

a) The application of performance standards to the employee's performance elements, and

shall be grievable under the negotiated grievance procedure. 

b) Employees will be given a copy of their Position Description and the performance

elements and performance standards that relate to their position at least ninety (90)

calendar days prior to their initial performance rating. Changes in the employee's

Position Description, performance elements, and performance standards shall be given

to the employee in writing. 

c) Supervisors shall perform a mid-term review of employee performance following the

procedures outlined for an annual rating of record. During this review, employees

have a right to expect from the supervisor an explanation of how the employee can

improve, if the employee is unhappy of the review results.

23-3
ARTICLE 24 

DISCHARGE OF PROBATIONERS 

Section 1. The employment of an employee serving a trial or probationary period may be

terminated if the employee fails to demonstrate those skills necessary for satisfactory performance in

his/her position or the employee may be removed from the position for such cause as will promote

the efficiency of the Federal Sendee. 

Section 2. Before discharge of an employee during trial or probationary periods, the

employee shall be notified in writing as to why he is being separated and the effective date of the

action. 

Section 3. In accordance with 5 CFR 315.806, and employee may appeal (with some

restrictions) to the Merit Systems Protection Board, the agency’s decision to terminate him based on:

discrimination based on partisan political reasons or marital status; on improper procedure; or

discrimination based on race, color, religion, sex, or national origin; or age, or handicapping

condition.

24-1
ARTICLE 25 

DISCIPLINARY AND ADVERSE ACTIONS 

Section 1. Disciplinary actions will be initiated solely for just cause and for the purposes of

correction not punishment. If it is determined that informal action can resolve a problem, then no

further action will be taken. 

Section 2. The parties endorse the principle that like penalties imposed for like offenses, and

the Employer shall be as consistent as possible when deciding on disciplinary or adverse actions. It

is agreed that superficial consistency should be avoided and the Employer shall give consideration to

all factors involved in deciding what penalty is appropriate including, not only the gravity of the

offense, but such other matters as the existence of mitigating circumstances, the frequency of the

offenses and whether the disciplinary action taken is appropriate in the particular situation. 

Section 3. The Employer shall discuss with an employee the source of a disciplinary offense

and suggest constructive ways to correct the offense before disciplinary action is taken. This

discussion must be conducted in a private atmosphere. 

Section 4. The Union shall have the right to be present as a representative at any

examination or investigation (to include security investigations)of any Bargaining Unit employee by

the Employer or a representative of the Employer. 

Section 5. The Employer agrees to advise the employee in a notice ofproposed disciplinary

action of their right to Union representation when taking any disciplinary action. This does not

negate the employee's right to request Union representation when being orally admonished. 

Section 6. An employee shall be deemed to be orally admonished when the supervisor

informs the employee that the discussion constitutes an oral admonishment. 

Section 7. Written admonishments shall be signed as a record ofreceipt by the employee,

held for six (6) months and then destroyed. Should the employee refuse to sign the letter, the

supervisor will so state on the face of the letter accompanied by the signature of a witness. The

letter shall inform the employee of the employee's right, to add or attach the employee's own 

comments to the letter ofwritten admonishment. Letters of admonishment will not be made part

of an employee’s official personnel folder. 

Oral and written admonishments are informal in nature and therefore shall not establish a

prior offense when determining a remedy for future offenses. 

Section 8. For the purposes of this Article, letters ofreprimand, suspensions, removals and

demotions are formal disciplinary actions.

25-1
Section 9. When the Employer has determined that a formal disciplinary action is to be

taken, (with the exception of a letter of reprimand), the Employer shall hand deliver to the employee

a written proposal, stating the specific reasons and the proposed remedy. 1 he notice of proposed

action shall designate the management official to whom the employee may reply to the proposal. It

shall further advise that the reply can be orally and/or in writing, and shall indicate the time limits

for receipt of the reply. The notice or proposed action shall state that any reply shall be considered

before a final decision is made on the proposed action and shall advise the employee of the rights

for Union representation. All proposed actions shall be initiated within time frames specified in the

negotiated instruction and a copy shall automatically be sent to the Union. 

Section 10. The Employer agrees to furnish an extra copy of the proposed adverse action to

the affected employee ifthe employee so desires. 

Section 11. It is further understood and agreed that the Union designee will serve as a

representative of the employee when replying to a proposed adverse action, ifrequested by the

employee. This shall not be construed in any way to negate the requirement that, if requested by the

employee, a Union representative be present at all discussions on the proposed action requested by

management with employee or vise versa. 

Section 12.The fact that the Employer intends to take disciplinary or adverse action against

an employee is considered to be privileged information between the Employer and the employee

concerned. The affected employee will be advised of his/her right to representation by the Union

even if only verbal conversation has taken place between an employee and supervisor. 

Section 13. The Employer agrees to furnish the Union a copy of any decision covering

proposals of disciplinary or adverse action. Such written notification will be furnished to the Union

as soon as possible. 

Section 14. The Employer agrees that the Union may have present a representative or an

observer at all hearings, meetings, etc. held in connection with disciplinary actions. Further, said

observer shall be afforded the opportunity to present into the record, the Union's views on this

action. A copy of the transcript, if available, of any hearings or meetings shall be furnished to either

party upon request. Further, any employee or supervisor has the right to request that a tape

recorded transcript be taken at any meeting that is held in connection with any disciplinary action or

any meeting conducted as a result of disciplinary action being taken. The Union as a co-equal party

to the negotiated Agreement, share equal responsibility for the protection of any transcripts from

unauthorized access or disclosure. In the event either party refuses the recording of a meeting then

the refusing party will not be recorded however, the requesting party shall have the right to record

their part of the conversation. The requesting party will be allowed to restate for the record any

question/response of the refusing party. 

Section 15. Once an employee receives any form of disciplinary action, be it informal or

formal, and the Employer or higher authority subsequently rescinds that action, the Employer will

take no further action stemming from that incident.

25-2
Section 16. It is agreed that when the Employer is selecting a charge to propose to an

employee, the Employer will not engage in "Stacking Charges". Example: 

Johnny leaves work 5 minutes early and yells obscenities at the supervisor while leaving. 

The charges should not be stacked as follows: 

Leaving the job site without permission; and 

Failure to request leave in accordance with procedures; and

Unauthorized absence of 1 work day or less; and

Deliberate refusal to carry out any proper job-related order. 

The official contemplating disciplinary action will choose the single most appropriate charge

for the incident. 

If dissimilar incidents are involved in one (1) act such as leaving early and yelling obscenities

at the supervisor while leaving, then multiple charges may be appropriate. 

Section 17. RECKONING PERIODS: 

The following are reckoning periods for disciplinary actions: 

Informal Actions

Letters of Reprimand

6 months 

18 months 

It is the current DDSP policy that the following reckoning periods apply to

the disciplinary actions listed below: 

Suspensions up to 14 days

Suspensions over 14 days

2 years 

3 years

25-3
ARTICLE 26

GRIEVANCES 

Section 1. POLICY: 

This Article is intended to provide an orderly and exclusive procedure for the processing of

all grievances of the parties and of Unit employees as specifically set forth in Title VII. In

presenting their grievances, employees shall be assured of freedom from restraint, interference,

coercion or reprisal for themselves, their representatives, and their witnesses. No employee,

supervisor, or other management official shall attempt to induce another employee to withdraw or

refrain from presenting a grievance on any basis except that of a satisfactory resolution. 

Section 2. DEFINITION: 

A grievance means any complaint; 

a) By a Unit employee or the Union concerning any matter not specifically excluded in

Section 3 relating to the employment of any Unit employee or, 

b) By any Unit employee, the Union or the Employer concerning; 

(1) The effect or interpretation or a claim of breach of this Agreement, or, 

(2) Any claimed violations, misinterpretation or misapplication oflaws or the

Employer's rules and regulations affecting conditions of employment. 

Section 3. SCOPE: 

This procedure shall be the exclusive procedure available to Unit employees who seek

redress of their grievances except as provided in Section 4 of this Article and it shall not apply to any

grievances concerning: 

a) Prohibited political activities 

b) Retirement, life insurance, or health insurance 

c) Any examination, certification, or appointment 

d) Classification of any position which does not result in the reduction in grade or pay of

an employee 

e) Complaints involving allegations of discrimination because of an employee’s race,

religion, sex, color, national origin, age, or handicapping condition 

f) Removal for failure to satisfactorily complete a trial or probationary period 

g) Actions directed by the Merit Systems Protection Board or Office of Personnel

Management 

g) Matters not within the control of the Employer

26-1
i) The content of the Employer's published policy (however, the application of the policy

is grievablc unless otherwise excluded under this Section) 

j) Non-selection for promotion from a group of properly ranked and certified candidates

(however, if pre-selection can be reasonably proven, then non-selection shall become

grievablc) 

k) An action terminating a temporary promotion within a maximum of one (1) year and

returning the employee to the position from which the employee was temporarily

promoted or reassigned or demoting the employee to a different position that is not at a

lower grade than the position from which the employee was temporarily promoted 

1) Non-adoption of a suggestion, or disapproval of a performance award, or other kind of

honorary or discretionary award 

m) Preliminary notice ofspecific action which, if effected, would be covered under this

procedure 

n) Termination of temporary appointments due to lack ofwork, lack of funds, expiration

of appointment, and/or for just cause 

o) Oral and written admonishments (however, the charge used to support or to impose an

admonishment shall be grievable) 

Section 4. An aggrieved employee affected by a removal or reduction in grade based on

unacceptable performance or adverse action may at his/her option raise the matter under a statutory

appellate procedure or the negotiated grievance procedure, but not both. For purposes of this

Section and pursuant to Section 7121 (e)(1) of the Act, an employee shall be deemed to have

exercised his option under this Article when the employee files a notice of appeal under the

appellate procedure or files a grievance in writing under the negotiated grievance procedure. 

Section 5, In the event either party should declare a grievance non-grievable or nonarbitrable, the original grievance shall be considered amended to include this issue. The parties agree

to raise any question of grievability or arbitrability in accordance with this procedure. All disputes of

grievability or arbitrability, unless otherwise settled, shall be referred to arbitration to be decided. 

Section 6. REPRESENTATION: 

In the presentation oftheir grievances, at all stages of the grievance procedure, employees

have the right to be represented and/or assisted by the Union. However, any employee or group of

employees in the Unit may present grievances to the Employer and have them adjusted without the

intervention ofthe Union as long as the adjustment is not inconsistent with the terms of this

Agreement and the Union has been given the opportunity to be present during all formal

discussions and to state the Union's position. 

Section 7. INFORMAL PROCEDURE: 

Before initiating a formal grievance an employee must first present the grievance to his first

line supervisor to attempt an informal resolution. Most grievances should be resolved at this level.

26-2
NOTE: Thosc grievances concerning a disciplinary action will start one level above the managerial

official issuing the disciplinary decision. 

a) Time Limits: 

(1) An informal grievance involving a particular act or occurrence should normally

be presented within fifteen (15) calendar days of; 

(a) The date of the act or occurrence, or 

(b) The date on which the aggrieved employee first became aware, or could

have been reasonably expected to know, of the act or occurrence, which

ever is the latter. 

(2) The time limit will not exceed sixty (60) calendar days for presenting a grievance. 

(3) A grievance concerning a continuing practice or condition will be presented at

the time the aggrieved employee first becomes aware of the situation. 

b) Method: An employee must present a grievance under the informal procedure in

writing, with a union representative present. The aggrieved employee must insure that

his supervisor understands that it is, in fact, a grievance and is informed of: 

(1) The basis for the grievance along with a brief description, 

(2) The specific personal relief being sought, 

(3) The date of the act or occurrence giving rise to the grievance or the employee's

first knowledge of same. 

c) Decision: Within fourteen (14) calendar days of the presentation of the grievance, the

aggrieved employee's first line supervisor shall complete an investigation and/or inquiry

necessary to determine if a resolution of the grievance which is satisfactory to the

aggrieved employee and consistent with sound management practices can be achieved

and provide the aggrieved employee with a decision. This decision must be in writing,

and the supervisor must indicate the basis for the decision and should establish a record

of his efforts for future use should the grievance be formalized. 

Section 8. FORMAL PROCEDURE: 

If the grievance has not been resolved informally, the aggrieved employee may present his

grievance formally as provided in this Section. 

a) Decision Levels: The appropriate officials for the adjustment of formal grievances

shall be as follows: 

(1) Step 1 - Branch Chief (second level supervisor) 

(2) Step 2 - Division Chief 

(3) Step 3 - Commander or designee

26-3
b) In situations where the first line supervisor in the informal step is one of the above

officials, the procedure for the adjustment of formal grievances will begin at the level

immediately above that of the supervisor. 

c) Step 1: 

(1) An aggrieved employee shall present a formal grievance in writing to the

official designated as the Step 1 decision level for the aggrieved employee’s

organization within 14 calendar days of the employee’s receipt of the supervisor's 

decision on the informal grievance. The formal grievance must be signed by

the grievant. 

(2) Within fourteen (14) calendar days ofthe receipt of the written grievance, the

Step 1 decision official shall meet with the grievant, and a Union representative

and issue a decision letter. The grievant will be given an opportunity to state his

position and offer documentary information. 

d) Step 2: 

(1) A grievance, which has not been resolved to the satisfaction of the grievant in

the previous Step, may be presented to the Step 2 decision official for

consideration. The grievance must be presented in writing within fourteen (14)

calendar days of the grievant’s receipt ofthe decision in the previous Step.

However, the issue shall remain the same as originally presented in Step 1. 

(2) Within fourteen (14) calendar days the Step 2 decision official shall conduct a

hearing on the grievance and render a decision letter.3

(3) Participants in the hearing will be the grievant, Union representatives

and the official who rendered the previous decision. The participants of the

hearing may be assisted by a LMER specialist. The hearing official will have a

tape recorder to make a transcript ofthe proceedings. Through the presentation

of documentary evidence and the testimony ofwitnesses, the grievant or his

representative and the Step 1 decision official will present their respective

positions. Both parties shall have the right to cross-examine or question the

other parties1 witnesses. Except for those grievances involving discipline, the

grievant will make the first presentation and bear the burden of proving the

affirmative ofthe issue. However, formal rules of evidence shall not apply. The

Union's position on the grievance will be stated at the completion ofthe hearing. 

e) Step 3: 

(1) A grievance which has not been resolved to the satisfaction ofthe grievant in 

the previous step, may be presented to the Step 3 decision official for

consideration. The grievance must be presented in writing within fourteen (14)

calendar days of the grievant’s receipt of the decision in the previous step. The

issue shall remain the same as stated in step 1.

26-4
(2) Within fourteen (14) calendar days the step 3 decision official shall conduct a

hearing on the grievance. Participants shall be the grievant, Union

representatives, the deciding official and a LMER representative. Through a

review of all documentary evidence compiled to this time the grievant will

present a position for the deciding official to make a decision on reconsideration

over the previous decision. 

(3) The decision from the Step 3 official shall be final unless the Union indicates

within thirty (30) calendar days of the receipt of the Step 3 decision, that the

Union wishes the matter to be referred to arbitration in accordance with Article

27 of this Agreement. 

Section 9. UNION AND EMPLOYER GRIEVANCES: 

a) Grievances of either the Union or the Employer may be submitted in writing to the

Commander or the Union Business Manager, as appropriate. Within fourteen (14)

calendar days of the receipt of the grievance, the parties or their representatives shall

meet for the purpose ofresolving the grievance and issuance of a decision. The decision

will be final unless within fourteen (14) calendar days of the date ofreceipt of the

decision, the aggrieved party requests that the matter be referred to arbitration in

accordance with Article 27 of this Agreement. 

b) Union grievances are defined as those allegations of actions by the Employer, which

violate the Union's statutory rights or disagreements over the interpretation and/or

application of the Agreement and/or the Employer's policies, regulations or instructions. 

Section 10. TIME LIMITS: 

In situations in which either party is unable to process a formal grievance within the time

limits required by this Article, the parties may agree to waive the time limit in question. All other

time requirements of the formal grievance procedure will continue to apply unless the parties should

again agree to waive time limits at a subsequent stage of the grievance procedure. 

Section 11. The Union shall be given a copy of any decisions on grievances involving Unit

employees. 

Section 12. At any stage ofthe formal grievance procedure, the Employer agrees to

produce, upon request of the grievant and/or the Union, all pertinent records insofar as permissible

without violation oflaw. The Employer also agrees to produce all relevant employees/witnesses, at

the appropriate steps of the grievance procedure, ifrequested, for the purposes ofsubstantiating the

contention or claims ofthe parties. Ifit has been requested and the witness refuses to appear at the

meeting, all related testimony or statements supplied up until that point by that witness shall be

disregarded and not taken into consideration. Employees who serve as witnesses shall suffer no loss

of pay if otherwise entitled for so serving. 

Section 13. The Union and the Employer agree that when several employees have identical

grievances, where no individual variations are involved, the Employer, with the Union, will call the

aggrieved employees together and the Employer, with the Union, will select one (1) spokesperson 

for processing the group grievance. The employees will be advised in writing that in processing one

grievance for the group, the decision for the case selected will be binding on all other cases. Names

of all employees involved in this procedure will be made a part ofthe record and when the decision

is made on the grievance, each employee will be individually notified in writing and a copy ofthe

decision will be sent to the Union. 26-5
ARTICLE 27 

ARBITRATION 

Section 1. If either party is not satisfied with the terms of the decision at a Step 3 formal

grievance procedure, they may, within thirty (30) calendar days thereafter, make a formal request that

the unresolved grievance or dispute be submitted to impartial arbitration. 

a) Within seven (7) workdays from the date of receipt of an arbitration request, the Union

and the Employer shall meet for the purpose ofreaching agreement on the need for

arbitration, the selection of an arbitrator, and the determination of the issue to be

submitted to arbitration. Unless otherwise agreed by the parties, the issue at arbitration

shall be the same as the issue identified at the Step 1 of the formal grievance procedure. 

b) If agreement on the selection of an arbitrator cannot be reached, either party may

request the Federal Mediation and Conciliation Service to submit a list of (5 or a greater

odd number) impartial persons qualified to act as arbitrators. The parties shall meet

within five (5) workdays after the receipt ofsuch a list. If they cannot mutually agree on

one of the listed arbitrators, the Employer and the Union will each strike an arbitrator's

name from the list and shall then repeat the procedure. The remaining name shall be

the duly selected arbitrator. The first party to strike a name from the list will be decided

by lot. 

Section 2. ARBITRATION EXPENSES: 

All direct fees and expenses in connection with the arbitration of a grievance shall be borne

equally by the Employer and the Union. The arbitration hearing shall normally be held during the

regular day shift work hours ofthe basic workweek of Monday through Friday, and all employees,

their representatives, and witnesses shall, if otherwise entitled, be in a pay status while participating

in the arbitration proceeding without charge to leave. RDO’s will be changed when it conflicts with

arbitration hearings. 

Section 3. ARBITRATION DESCISION: 

The arbitrator will be requested by the parties to render his decision as quickly as possible.

The decision may extend only to the interpretation or application of this Agreement, and not to

changes or proposed changes to this Agreement, or to the interpretation of,or changes in regulations

or policies of higher authorities. The arbitrator shall not change, modify, alter, delete, or add to the

provisions of the Agreement. Such right is the prerogative ofthe parties to this Agreement. It is

further agreed that while such arbitration will be binding upon both parties, either party may file

exceptions to the arbitrator's award with the Federal Labor Relations Authority under regulations

prescribed by the Authority within thirty (30) days after receipt ofthe arbitrator’s decision. 

Section 4. In attempting to resolve arbitrability disputes before invoking arbitration, either

party may, within seven (7) workdays of the meeting to select an arbitrator, request an advisory

arbitrability determination from the third party believed to have jurisdiction in the matter such as the

Office of Personnel Management, Federal Labor Relations Authority, etc. In the event either party

disagrees with the advisory opinion, arbitration procedures may be invoked within 15 workdays

following the receipt ofthe advisory opinion.

27-1
Section 5. Where rhe parties agree on the arbitrator, the issue and the arbitrability of rhe

issue, they may agree to submit the matter to expedited arbitration. The expedited arbitration

hearing will be conducted as follows: 

a) Respective representatives shall state the issue and argument in support of their

position 

b) Exhibits and evidence in support of arguments may be presented as necessary 

c) No briefs will be filed or transcripts made 

d) Formal rules of evidence will not apply 

e) All testimony will be given under oath 

f) Arbitrator is responsible for conducting a fair hearing and allowing both parties to

present relevant evidence 

h) Arbitrator may issue a bench decision at the hearing 

h) The arbitrator will issue a written decision with a brief explanation ofthe basis

for the decision within five (5) calendar days of the hearing. 

Section 6. Modifications or additions to the expedited arbitration procedures may be agreed

upon by the parties.

27-2
ARTICLE 28 

UNFAIR LABOR PRACTICES 

Section 1. The Employer and the Union will refrain from engaging in those activities in

Section 7116 ofTitle VII. 

Section 2. Should either party allege that the other party is engaging in an unfair labor

practice, a written notice will be given to the other party identifying the unfair practice. 

Section 3. Within ten (10) workdays of the receipt of the notice, representatives of the

parties will meet to conduct a thorough discussion of the practice, unless an extension has been

granted by the charging party, and the result of any investigations conducted, review the facts, and

attempt to reach an acceptable resolution or adjustment of the matter. If the charged party has not

made arrangements to meet within the ten (10) workdays or any extension, the charging party will

receive a temporary return to status quo, until formal resolution of the ULP. 

Section 4. If the matter is not resolved at the initial meeting, the charging party may proceed

with the formal charge.

28-1
ARTICLE 29 

CHANGE IN JOB DESCRIPTIONSAND REQUIREMENTS 

Section 1. All employees in rhe Unit shall be afforded the opportunity to consult with the

Employer and the Union for the purpose of reviewing their job descriptions or classification for any

alleged inaccuracies. Such employees are entitled to Union representation or assistance in discussing

the above with the Employer, in reviewing their position classification standards or classification

definitions that pertain to their position or classification. 

Section 2. Upon request by the employee or his representative, the Employer will produce

classification standards and job descriptions for his job. The information will include how the grade

was established, the type ofwork to be performed and the skills required. If mutually agreed that

the descriptions are inaccurate, corrective action will be taken. 

Section 3. The Employer shall notify the employee in writing of any anticipated change of

the duties of his Position Description. 

Section 4. It is agreed that the Employer will provide the Union within three (3) working

days, notification ofreceipt of new position classification standards which effect any position in the

Unit and make them available for review, in the Personnel Office. 

Section 5. It is further agreed that the Employer shall complete a review of each effected

position within ninety (90) days ofreceipt and shall notify the Union in writing within seven (7)

calendar days after completion of the review of their official findings. If the Employer cannot

complete the review within ninety (90) days, the Union shall be so notified in writing as to the

reason and the anticipated date of completion. The Union may submit pertinent data to the

Personnel Office staffwithin thirty (30) days ofthe date of the notice to the Union that the

Employer has received new standards. The Employer further agrees to complete appropriate

personnel actions, if any, not later than the second pay period following reclassification action

provided the positions are upgraded. 

Section 6. The Employer agrees that when an employee believes they are performing duties

of a higher level than his/her classification calls for, and he/she is required to perform these higher 

level duties on a continuing or reoccurring basis, the Employer will rewrite or amend the Position

Description to include the higher level duties being performed. This revised job description will be

submitted to the servicing Personnel Office for a Position Review (Desk Audit). 

Section 7. The clause, iffound in job descriptions to the effect, "performs other duties as

assigned", will be replaced by the clause, "performs related duties as assigned", as job descriptions

are written or rewritten. Ifthere are job descriptions or performance plans that are missed for this

correction, it will be assumed the language is intended to read "performs related duties as assigned".

29-1
ARTICLE 30 

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30-1
ARTICLE 31 

PERMANENT ASSIGNMENT OF EMPLOYEES 

Section 1. The following procedures will be followed in connection with permanent

reassignments of employees from one organization to positions of like title, scries and grade in

another organization. 

a) Before making any assignments, Management will first determine the gaining and the

losing organizations, and the number of positions affected, and will inform the Union of

this determination. 

b) The gaining organizational element will first determine the position to be filled

including the tour of duty/shift. This staffing decision will not be modified unless an

appropriate mission reason exists. All qualified employees of the same job title, scries,

and grade within this element regardless ofshift will be given an opportunity to

volunteer for the vacant position. Selection will be made on a seniority basis. Following

this voluntary placement process, the gaining organizational element will accept

assignments from an outside organizational clement to fill the position. However, ifthe

assignment is involuntary, the directed employee (non-volunteer) will immediately be

placed into the gaining organizational element’s seniority roster to determine what

duties/shift the directed employee is assigned to. 

c) All qualified employees of the same job tide, series, and grade within the losing

organizational element will be given an opportunity to volunteer for the position.

Management will inform all potential volunteer employees of the location and

duties/shift of the position as well as the date the assignment will begin. Volunteers will

be selected on a seniority basis. A volunteer will be placed in the open position of the

gaining organizational element, including the tour of duty/shift, regardless of his/her

former status or seniority. After assignment, the volunteer employee may invoke his/her

seniority for any future realignments/vacancies. Should there be no volunteers,

assignments will be directed on an inverse seniority basis. Once the number of

employees have been determined that are going to leave the losing organization, that

number will not be modified for the duration of this staffing action. 

Section 2. The Employer recognizes the right of the Union to raise questions under this

Agreement with respect to alleged improper assignment of employees. 

Section 3. The Employer agrees that Unit employees should be assigned to work

appropriate to the job description, but in the event that it becomes necessary for a first line

supervisor to temporarily assign employees to work of a lower grade level than the employee's job

description or where the work is appropriate to the job description but is unusually dirty or arduous,

the Employer will make every effort to distribute these assignments fairly and impartially among

those employees regularly assigned to that first line supervisor. 

Section 4. To the extent feasible and practical, the Employer agrees that licenses to operate

material handling equipment will be issued to those employees required to operate the equipment in

the performance of those duties to which they are regularly assigned and which duties are included

in their position description. To the extent feasible and practical, he Employer will insure that no

employee will operate any equipment/MHE without being properly licensed.

31-1
Section 5. When the supervisor determines that employees must be moved on a permanent

basis to another work area, within the same supervisor's area of responsibility, seniority within title,

series and grade will be followed by soliciting for volunteers and then assigning by inverse seniority,

ensuring qualifications for the assignment are met. 

Section 6. The Employer agrees not to permanently assign any Union Steward to a work

area, site, shift, depot, tour of duty, or hours ofwork different from that to which they are presently

assigned without notifying the Business Manager of the Union and giving an explanation for doing

so. See Article 8, Section 10 of this agreement for further information.

31-2
ARTICLE 32 

TEMPORARY ASSIGNMENT OF EMPLOYEES 

Section 1. LOANING OUT OF EMPLOYEES: 

The Employer agrees that when it becomes necessary to involuntarily temporarily loan-out

an employee of a particular job title, series and grade from his/her regularly assigned first line

supervisor to a job of the same title, series and grade under another supervisor for any period up to

a maximum of five (5) workdays, it shall be done on a rotational basis initially starting in inverse

seniority order. It is also agreed that if an employee volunteers for a temporary loan-out, this will

not affect his rotational position on the seniority list. Supervisors are responsible for seeking 

volunteers for loan-outs before resorting to involuntary loan-out. 

a) A supervisor's area of responsibility cannot be changed for the purposes of avoiding a

loan-out. Changes in supervisor's area of responsibility will be negotiated for impact

of loan-out procedures. 

b) Any loan-out of over five (5) workdays will be considered a detail and treated as such. 

c) Each change ofsupervisors' areas ofresponsibility will be accredited as a loan

out and procedures will be complied with. Subsequent loan-outs within the same day are

only counted against the original loan-out. 

d) The loan-out assignments roster, will be a perpetual living document not to be started

over or recycled. New employees will be placed on the roster by SCD. 

e) Employees requesting unscheduled leave after being notified of or having been loaned

out, must make their request ofthe gaining supervisor (the supervisor that they have been

loaned to). Any leave granted will be contingent on the employee having the leave to

cover the absence. 

Section 2. DETAILS OF EMPLOYEES: 

A detail is defined as a temporary assignment of an employee to a different position or set of

duties for a specified period of time. The employee is not officially placed in another position, but

continues to occupy his/her position ofrecord. 

a) No employee will be detailed to duties other than his/her own for a period of more than

29 days without documentation being placed in his/her Official Personnel Folder. Employees shall

have the right to record all periods of detail on a SF 171-A or 172, which will be filed in the

employees' Official Personnel records. 

b) The assignment or detail on a continuing basis of an employee to another position or set

of duties, to perform duties not covered by his/her official position description, shall not

exceed the initial detail period up to a maximum of 120 consecutive days without prior

approval before the initial 120 days begins and notwithout notifying the Union for I&I

negotiations e.g., rotation of employees, etc.

32-1
c) All details to positions or duties other than those contained in an employee’s official

position description shall be made in writing. The written notice shall identify the employee being

detailed by name, job title and grade and organizational code; the position or duties to which the

employee is being detailed by job title and grade and organizational code; and the period of time for

which the employee is being detailed, including the beginning and ending dates. Written notification

of detail shall be given to the employee no later than the end of the workday following the beginning

date of the detail. 

1) Detail of employees to other sites under the Employer’s jurisdiction, to perform

duties whether within or outside of an employee’s position description, shall also

be documented in writing as described in paragraph c)of this Article. Such

documentation shall be given to the employee 7 days in advance of the

assignment. If a situation exists that the 7-day advanced notice compliance

would cause a work stoppage, because of an unexpected work requirement, the

Union will grant an exception, provided the Employer contacts the Business

Manager and explains the reasons for inability to comply. 

2) Employees who are detailed to other sites are subject to the working conditions

of that site however they retain all rights of this bargaining unit including the

right to be represented by this Union. 

d) Employees may use copies ofwritten notices of details to verify such details claimed on

Personal Qualification Statements, SF 171. 

Section 3. 

a) When the supervisor determines that employees must be moved on a temporary basis to

another work area within the same supervisors area ofresponsibility, seniority within

tide, series and grade will be followed by soliciting for volunteers and then assigning by

inverse seniority, ensuring qualifications for assignment are met. 

b) The Employer agrees not to temporarily assign any Union Steward to a work area, site,

shift, depot, tour of duty or hours ofwork different from that to which they are

presently assigned without notifying the Business Manager ofthe Union and giving an

explanation for doing so. See Article 8, Section 10 of this agreement for further

information.

32-2
ARTICLE 33 

TEMPORARY PROMOTION 

Section 1. A temporary promotion is defined as a temporary assignment on a continuing

basis, for a period exceeding the basic workweek of the employee, to a position which is higher

graded than that which the employee is officially occupying. Such assignment shall entitle the

employee to the salary of the higher level position once the basic workweek has been exceeded by

the employee in the position. 

Section 2. All temporary promotions, which will exceed 120 calendar days (or the

cumulative total, including prior temporary promotions to higher graded positions during the

preceding 12 months), must be made under the applicable competitive Merit Promotion procedures. 

Section 3. Providing an employee meets all qualification requirements, temporary 

promotions may be used in any situation where there is a temporary need to fill an established

position for a period of more than the employee’s basic workweek. 

Section 4. The Union will have the opportunity to negotiate with regard to rotation of

employees for all temporary promotions of 120 days or less. 

Section 5. All temporary promotions shall be made in writing. The written notice shall

identify the employee being promoted by name, job tide and grade and organizational code; the

position to which the employee is being promoted to by job tide grade and organizational code; and

the period of time for which the employee is being promoted, including beginning and ending dates.

Written notification of temporary promotion shall be given to the employee no later than the end of

the workday following the beginning date of the promotion.

33-1
ARTICLE 34 

MERIT PROMOTION 

Section 1. The Employer and the Union will agree upon a method by which vacant

positions are to be filled. The provisions of this Article apply only when the Employer elects to fill a

vacant position through Merit Promotion procedures. Nothing herein requires the Employer to

continue the Merit Promotion process through to completion or precludes the Employer from

filling vacant positions from any other legal and negotiated upon appropriate source. 

Section 2. No tests will be used in determining minimum eligibility unless required or 

approved by the Office of Personnel Management or Federal law. 

Section 3. The index ofJOA’s shall be posted on all official bulletin boards and updated not

less than weekly. 

a) Job Opportunity Announcements will be open to the acceptance of applications for a

minimum of fourteen (14) calendar days. 

b) Employee’s may request hard copies of any JOA or Help Wanted from their supervisor.

Such copies will be provided as soon as practicable. 

c) Job Opportunity Announcements shall contain a statement listing the criteria used for

determining minimum eligibility and the source of such criteria. 

Section 4. APPLICATIONS: 

a) Employees are encouraged to review and update the SF-171 in their OPF to reflect

transcripts, certificates, and diplomas for any accredited post high school education or

training claimed using either form SF-172 or OF-612. 

b) Where required by Job Opportunity Announcement and requested by the employee, the

first line supervisor shall complete an employee's Supervisory Appraisal by the closing

date. Where the employee gives written notice at the time of application for promotion

that the first-line supervisor has failed to complete the Supervisory Appraisal, the

Civilian Personnel Office shall notify the Employer. Evaluation of candidates by panel

members will be deferred until the employee's first line supervisor has completed and

submitted the Supervisory Appraisal. 

Section 5. A copy of all Merit Promotion Certificates for LIU bargaining unit position

vacancies shall be provided to the Union at the same time they are provided to the selecting official. 

Section 6. Bargaining Unit employees selected for Bargaining Unit positions must be

released by the end ofthe first full pay period following the notification of the releasing organization

by the Civilian Personnel Office. 

Section 7. All certified employees considered for a Job Opportunity Announcement shall be

notified in writing as to their selection or non-selection to the position.

34-1
ARTICLE 35 

SAFETY AND HEALTH 

Section 1. The Employer shall provide and maintain safe working conditions for all

employees in accordance with applicable laws, regulations, OSHA Standards, and locally negotiated

instructions. The Union will cooperate to that end and encourage employees to work in a safe

manner. 

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

occupational accidents that occur. 

Section 3. No employees shall be required to work where conditions exist that are unsafe or

detrimental to health without proper personal protective equipment and safety devices to be

furnished by the Employer. 

Section 4. The Employer agrees to appoint, from a list of Union nominees, two (2)

employees as members of a Safety and/or Health Committee, Council or Board. 

Section 5. Normally, employees shall not be required to work alone in an area. When 

employees are required to work alone, they shall mutually arrange with their supervisors a reasonable

procedure for periodically checking on their well being. 

Section 6. If not already provided, during inclement weather, the Employer will arrange

space indoors for lunch and breaks in order that employees may cat and rest in comfort. 

a) Personal relief breaks, other than those that are listed in this Contract, shall be

condoned, (in accordance with locally negotiated instructions), by the Employer to the

exclusion of excessiveness or abuse. 

Section 7. The Employer shall furnish employees tools, proper personal safety equipment,

make foul weather gear available for employees required to work outside in inclement weather, and

protective clothing for employees assigned to extremely dirty or hazardous work (to include

protective footwear)or make arrangements for reimbursement for the purchase of the above listed

items. 

Section 8. It is agreed that all work areas shall be well lighted and ventilated. 

Section 9. Each employee shall be fully briefed on his/her rights under existing laws of

Federal Employees' Compensation as soon as practicable after an injury that will cause lost time.

The affected employee shall have the option to elect either Sick, Annual Leave, Compensatory Time,

or Leave Without Pay or what is commonly referred to as K-leave (Continuation of Pay/COP) and

claim compensation in cases of traumatic injury. The affected employee shall have the option to

elect either sick or Annual Leave, or Leave Without Pay and claim compensation in cases of

traumatic injury. The employer will train and update a reasonable number of Union appointees for

the purposes of additional employee assistance. 

Section 10. The Employer shall make every effort to assign employees to limited duties

when such limitations are substantiated by medical certification.

35-1
Section 11. The Employer agrees to assist employees to their fullest extent possible in filing

claims for compensation for occupational injury/illness or for personal articles damaged while

performing job related duties. The Employer shall assist employees in the disposition ofsaid claims, 

when requested. 

Section 12. It is mutually agreed by the parties that no employee should have to choose

between his job and his safety. Employees have the right to refuse a dangerous work assignment if

all of the following conditions exist: 

a) The employee has a reasonable belief, based on what he/she knows at the time, that

there is a real imminent danger of death or serious physical injury. If he/she has good

reasons that other reasonable people would recognize, he/she may refuse the task even

ifit is later found that there was no imminent danger 

b) The employee has asked the Employer to eliminate the danger, if possible, and the

Employer failed to do so 

c) The danger is so imminent that it cannot be eliminated quickly enough through normal

Occupational Safety and Health Act enforcement procedures 

d) The employee has no reasonable alternative. 

Section 13. An employee who believes he/she must refuse unsafe work (under the

provisions of Section 12 above) should: 

a) Calmly tell the supervisor exactly why he/she thinks there is a danger and ask

that it be abated; 

b) If possible, discuss the hazard with co-workers and a Union steward; 

c) Make clear to the supervisor that he/she is refusing the assignment because of

imminent danger and not for any other reason (the Union should be notified and given

the opportunity to attend any such meeting); 

d) Offer to do the job once it can be made safe, and offer to do other safe work in the

meantime; 

e) Remain at the job site unless ordered to do otherwise by the supervisor. 

Section 14. Employees who refuse dangerous work under the conditions described in

Section 12 of this Article, shall not be punished or discriminated against in any way by the

Employer. If the Employer takes action against the employee for refusing to perform assigned

duties and the Occupational Safety and Health Act or an authority higher than the Employer later

rules that the assignmentwould have placed the employee in imminent danger of death or serious 

physical injury, the action shall be rescinded. 

a) Having exhausted reasonable efforts to make the worksite less hazardous, any

employee has the right to make the following contacts, on government time, without

interference from the Employer;

35-2
(1) Safety Office 

(2) Commander's Hot Line 

(3) OSHA 

Section 15. To insure the highest possible degree of safety, all employees engaged or

working in a foot hazardous environment will be required to wear approved foot protection while in

the foot hazardous area. The Employer agrees to reimburse or provide for employees required to

wear foot protection up to the negotiated amount. See the Safety Shoe Disbursement Agreement

for the amounts authorized and the requirements. 

Section 16. USE OF PROTECTIVE CLOTHING: 

a) If any employee is required to work with contaminated material or in contaminated

areas, the Employer will provide facilities to change into the protective clothing and 

removal/dccontamination upon completion of such work. 

b) The Employer will provide POV parking reasonably near such change/decontamination

facilities. 

c) No POV will be used in the movement of employees between the change/decontamination facility and the contaminated work area.

35-3
ARTICLE 36 

ENVIRONMENTAL DIFFERENTIAL PAY 

Section 1. The Union and the Employer agree that authorization of payment of

environmental differential pay to all employees when they are exposed to various degrees of hazards,

physical hardships, or working conditions of an unusual nature, shall be made in accordance with 5

CFR 532.511. 

Section 2. Environmental differential payments shall be computed and made in accordance

with applicable regulations on pay administration.

36-1
ARTICLE 37 

PARKING AND USE OF PRIVATE VEHICLES 

Section 1. The Employer shall provide vehicle parking within the compound adjacent to the

work location, or as close as possible, free of charge for all Bargaining Unit employees. The

Employer shall provide one (1) reserved parking space adjacent to the main entrance of the

Headquarters of all parties to this Negotiated Agreement and one (1) parking space in proximity of

the entrance of each division level organization, as well as five (5) spaces in front of the Union office

for Union use. 

Section 2. Employees shall be permitted to carry personal property in their vehicles within

the compound with the exception of the following items: 

a) Weapons 

b) Alcoholic beverages 

c) Narcotics 

d) Explosives 

e) Cameras, except with the permission of the Employer. 

Section 3. Employees shall have the right to register for base access up to three (3) vehicles

that they or members oftheir family legally own.

37-1
ARTICLE 38 

GENERAL PROVISIONS 

Section 1. EMPLOYEES WITH THE SAME SENIORITY: 

a) If a situation arises where two (2) or more employees have the exact same seniority, a

drawing will be conducted to determine the seniority of these employees. The drawing

will be accomplished by placing the names of the affected employees in a container and

the names drawn out to establish seniority. The first name drawn will be declared the

first senior, the second name the second senior, and so on. The affected employees are

encouraged to be present when the drawing takes place. However, a Union

representative will be required to be present. 

b) The seniority determined by the drawing will apply only to the particular situation that

necessitated the drawing. If another situation arises where employees ofthe same

seniority are involved, the same above procedure shall be used. 

Section 2. The Employer agrees to provide a 4' x 4' bulletin board for Union use in each

central work area. These boards shall be placed in the most common indoor areas frequented by the

majority of the work force engaged in duties in those areas. The Employer agrees that the Union

bulletin boards shall not be obscured by any objects. The Union bulletin boards are to be used only

by the Union. 

Section 3. The Employer agrees to provide and maintain in good condition sanitary wash

rooms and locker facilities for personal clothing and items adequate for the numbers of employees,

for men and women. Such facilities shall be inspected on a regular basis however, locker facilities

shall not be subject to regular inspections. Proper toolbox storage will be provided by the Employer

and, whenever practicable, this storage will be near the job site. 

Section 4. The Employer agrees to make adequate space available for the Union's use for

meetings, for the conduct ofinternal Union affairs outside regular working hours. The Employer

further agrees to provide private and adequate office space to the Union. The Employer agrees to

list the telephone extension numbers of the Union office and the work area in which the Chief

Steward can be easily contacted in the activity telephone directory. 

a) It is further agreed that the office space provided to the Union shall include separate

and private phone line(s), to include the telephones. Such telephones and lines are to be

located inside the Union office. The Employer shall provide adequate office furniture

and within reason, office equipment such as computers, printers, and copiers. The

Employer shall make every effort to ensure that the Union is shown equal treatment as

other Unions under the same Employer. 

b) The Union office shall be located as centrally as possible to the majority ofthe work

force. The office shall be in good repair, have the ability to be secured and climate

controlled. The Employer shall not be entitled to access to the Union office without

permission except in the event of an emergency. 

Section 5. The Employer shall promptly notify employees who receive emergency telephone calls.

Notices or letters of a personal or official nature sent to employees shall be sealed and unopened.

38-1
Section 6. The Employer agrees ro furnish the Union a list of all new employee's names and

organizational codes monthly. The Employer also agrees to allow up to one (1) hour for the Union

to give new employees a briefing and to ensure that the employee gets a copy of the Union Contract. 

Section 7. The Employer shall notify the Union prior to solicitation for bids to contract our

any work, which has normally been performed by employees of the Unit, which may occur during

the duration of the Agreement.

38-2
NEGOTIATING COMMITTEE 

FOR THE EMPLOYER 

HARRY FENTRESS 

KEN MCDOWELL 

NICK FAZZOLARI

FRANK TURNER

ANDREW LEITZEL 

FOR THE PERSONNEL OFFICE 

KERRI WEAVER

JOEL GUZZO 

FOR THE UNION 

JERRY SUTTON 

GAYNOR KELLEY

TAMMY POFFENBERGER 

AVERY CARTER 

PETER HORVATH

ANDREW ZEIDERS

STEWART PETERS

39-1
IN WITNESS WHEREOF, the parties hereto by their authorized representatives have

executed this Agreement on this date. 

EMPLOYER

C. R. McKelvey

CAPTAIN, SC, USN

COMMANDER 

DEFENSE DEPOT SUSQUEHANNA PENNSYLVANIA 

UNION 

JERRY D. SUTTON

BUSINESS-MANAGER

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA

LOCAL #1170 

PERSONNEL 

KERRI WEAVER

PERSONNEL OFFICE

39-2
APPENDIX A 

GLOSSARY OF TERMS 

ARTIFICIAL HOURS - Overtime hours which have been offered to an employee at least one

working day in advance and subsequently declined by the employee, or hours which are charged to

an employee for failure to meet overtime obligations. 

AWOL - Absent Without Leave. An unapproved leave status that may be subject to disciplinary

action. 

AWOP - Absent Without Pay. A time pay status, indicating an employee was not at work and was

not in a pay status for that period. 

CONTIGUOUS - Connected throughout in an unbroken sequence. 

CPO - Civilian Personnel Office. 

CSRA - Civil Service Reform Act. 

CWS - Compressed Work Schedule. A Schedule by which an employee works an 80-hour pay

period in less than 10 work days. 

DIFFERENTIAL PAY -

1. ENVIRONMENTAL DIFFERENTIAL PAY - A percentage payment for working

around hazardous conditions which have not been properly abated. 

2. SHIFT DIFFERENTIAL PAY - A percentage payment for working an adverse shift

e.g., 2nd or 3rd shift. 

DLAR - Defense Logistics Agency Regulation 

EAP - Employee Assistance Program. 

EMERGENCY — A declared national event such as when national defense is impacted, natural

disasters, adverse weather conditions, or where workload has exceeded capabilities of available

resources, after all other resources have been exhausted. 

FLRA - Federal Labor Relations Authority. 

FAILURE TO REPORT FOR OVERTIME - not working an overtime assignment for any reason. 

FAMILY MEMBER -A member of one’s household, someone who lives with you. 

K-LEAVE — Continuation of pay status that an employee is on when absent from work due to an

on the job injury not for occupational illness. In truth it is not leave but a reimbursement to the

Employer from workers compensation insurance.

A-l
LIGHT DUTY - A temporary accommodation (with a specified "ger well" date) of an employees

temporary need to perform below certain requirements of their Position Description. 

LRD - Labor Relations Division. 

LWOP - Leave Without Pay. An approved leave status without payment. 

MHE - Material Handling Equipment. 

MSPB - Merit Systems Protection Board. 

NEXUS - A legal term indicating a reasonable connection or factual relationship between the

reason(s) for the disciplinary action and the efficiency of the Federal Service. 

OPF - Official Personnel Folder 

OSHA - Occupational Safety and Health Administration 

PERFORMANCE PLAN - A written and individually negotiated document containing elements

with standards that each individual employee receives at the beginning of each rating period. 

PERFORMANCE RATING - A numerical score each employee receives at the end ofthe rating

period. 

PERPETUAL - Continuing indefinitely without interruption. 

PLFA - Primary Level Field Activity e.g., Regional Headquarters. 

PREMIUM PAY - Additional percentage payment for working Holidays or Sundays. 

RDO - Relief Day Off. Any normally scheduled non-workday that an employee does not have to

take leave for. 

RECKONING PERIOD - The period of time a disciplinary or adverse action is held by the

Employer and can be used as a prior offense. 

SCD - Service Computation Date. 

SENIORITY -

1. SCD Seniority is based on total length of Federal Service including any creditable

military service time. 

2.RIF Retention Seniority is SCD Seniority modified by the employees last 3

performance ratings and then categorized by Veterans preference or non-Veterans preference. 

SHIFT - The time during the workday an employee is on duty e.g., 1st shift, 2nd shift or 3rd shift

etc.

A-2
SLEA - Secondary Level Held Activity e.g., DDSP. 

TDP - Test Designated Position. A position that an employee may occupy that by nature of the

position description, the employee occupying the position is subject to random drug testing. 

TOUR OF DUTY - The days of the week an employee is scheduled to work within an

administrative workweek. 

ULP - Unfair Labor Practice. Something that may be committed by the Employer or the Union but

not employees, that is in violation of certain Federal Laws. 

VERA - Voluntary Early Retirement Act. 

VSIP - Voluntary Separation Incentive Plan.

A-3
APPENDIX B 

DDSP 

DISCIPLINARY 

AND 

ADVERSE 

ACTION 

PROCEDURES 

TABLE OF CONTENTS 

TITLE PAGE NUMBER 

GENERAL ____________ B-l-1 

AUTHORITY ____________ B-2-1 

RESPONSIBILITIES ____________ B-3-1 

guidance: n CHOOSING penalties ____________ B-4-1 

EVIDENCE REQUIREMENTS ____________ B-5-1 

INVESTIGATIONS ____________ B-6-1 

INSTRUCTIONS FOR THE PREPARATION AND 

USE OF THE ADVERSE ACTION WORKSHEET ____________B-7-1 

SAMPLE INFORMATION SHEET FOR PROPOSAL 

OF FORMAL DISCIPLINARY/ADVERSE ACTION ____________ B-8-1 

RECKONING PERIODS ____________ B-9-1 

GUIDELINE SCHEDULE OF DISCIPLINARY OFFENSES APPENDIX C 

GUIDELINE SCHEDULE/RECOMMENDED PENALTIES C-l 

TABLE OF OFENSESES AND PENALTIES C-1 -1 

INFORMAL ADMONISHMENT C-2-1 

FORMAL DISCIPLINARY ACTIONS C-3-1 

LETTERS OF REPRIMAND C-4-1 

SAMPLE LETTER OF REPRIMAND_____________________________________ C-5-1

B-l
SUSPENSIONS OF 14 DAYS OR LESS____________________________________C-6-1 

ADVERSE ACTIONS______________________________________________ ___ C-7-1 

EMPLOYEE REPLIES TO PROPOSED ACTIONS___________________________C-8-1 

APPEAL/GRIEVANCE RIGHTS________________________________________ C-9-1 

DISCHARGE DURING PROBATION/TRIAL PERIOD_______________________C-10-1 

DISCHARGE-TEMPORARYEMPLOYEES________________________________ C-1 1 -1

B-2
LIU PROCEDURES ON

MAINTAINING DISCIPLINE 

“The current DDSP policy regarding discipline has been attached as an appendix to the negotiated agreement

for informational purposes. The DDSP Table of Penalties is intended to ensure reasonable uniformity in

administering like penalties for like offenses. The Table of Penalties is not exhaustive nor is it intended to

preclude management from determining the appropriate penalty. Appropriate penalties for unlisted offenses

may be derived by comparing the nature and seriousness of the offense to those listed in the Table and the

employees’ previous history of discipline. In assessing penalties, consideration will be given to the freshness

or time frame of previous offenses. The use of a particular penalty is not mandatory simply because it is

listed in the Table. Selection of an appropriate penalty may be more or less severe than the Table penalty

depending upon the relevant factors in each individual case. Unless inconsistent with established office

policy, disciplinary actions shall generally be progressive in nature and fairly relate to the offense. Any

changes which Management makes to the policy will be negotiated with the Union as appropriate.” 

PURPOSE AND SCOPE: '1’0 PROVIDE AN EXCLUSIVE SUPPLEMENTARY

PROCEDURE AND A SCHEDULE OF DISCIPLINARY OFFENSES AND PENALTIES

CONCERNING EMPLOYEE CONDUCT AND DISCIPLINARY ACTIONS FOR LIU BARGAINING

UNIT EMPLOYEES. PROVISIONS OF COLLECTIVE BARGAINING AGREEMENTS MUST ALSO

BE FOLLOWED. 

GENERAL. 

Heads of activities have the responsibility for maintaining discipline within their activities. They have

the authority to propose and make decisions on all actions covered by this instruction except that they may

not make final decisions on adverse actions which require two levels of management participation if they have

proposed or participated in an advisory capacity or the decision to propose the adverse action. Final

decisions in these situations must be made at the next higher level of management in the chain of command

designated for decision levels. 

An objective and effective employee relations program promotes willingness on the part of

employees to observe standards of conduct or patterns of behavior in the work situation which are

supportive of production, safety, efficiency and acceptance of established regulations. Accordingly, it is the

policy of those activities covered by this instruction to utilize disciplinary procedures in a constructive and

progressive manner for the purpose ofmaintaining discipline among employees and correcting offending

employees. In consonance with these goals it is also the policy to utilize informal procedures, or when

necessary, to impose the minimum formal penalty which can be reasonably expected to correct the offending

employee. 

A constructive procedure recognizes that disciplinary actions are means of calling employees to

accountability for some act of commission or omission which is regarded as injurious to the employeremployee relationship. The act or misconduct may be relatively minor or serious. All employees should be

continually aware that a system of discipline exists for the benefit of all, and will be administered without

favor for the sake of orderliness and proper compliance with reasonable rules and regulations pertaining to

conduct and performance ofwork. 

Disciplinary action is intended to correct, not to punish, an offending employee. Thus, in most

instances, the action taken should be of a progressive nature ranging from an informal oral admonishment to

official reprimand to more severe action. If the informal or milder formal disciplinary actions do not bring

about acceptable conduct or behavior, removal may become necessary. Certain acts or deeds of misconduct,

by their nature, may warrant immediate removal for the first instance. In the administration of the system of

discipline, all aspects of due process shall be observed in accordance with all the protective provisions called

for by statute, law, higher regulations, the Douglas factors and this instruction or the action will not be taken.

B-l-1
AUTHORITY: 

a. Authority to orally admonish employees; issue letters of admonishment and letters of reprimand;

propose suspensions or propose removals, is delegated to all levels of management in an employee’s chain of

command down to and including the employee's immediate supervisor. 

b. Authority to propose or make final decisions on may be exercised by an official "acting" in the

absence of a management official having authority to propose or make final decisions on such actions, but it

may not be exercised "by direction". At no time will a "Bargaining Unit Employee" acting as an official, have

any involvement in proposing or deciding an action. In such cases the proposal/decision will be elevated to

the next level of management. 

c. All decisions made by an official "acting" on behalf ofthe delegated official, shall be considered to

have been completely processed at that level of management and will not be subject to review at that same

level. 

d. All proposed adverse actions must be decided at least one level higher than the level doing the

proposing. 

e. If levels ofsupervision have a deputy, the levels are singular in nature and act as one for the

purposes of proposals, decisions, answering appeals or responding to grievances on adverse actions. 

NOTE: 

When applicable, disciplinary actions shall only be taken within the parameters specified in the

section titled "Guideline Schedule ofDisciplinary Offenses and Penalties For Civilian Employees". THE

CREATIVE TITLING OF CHARGES IS PROHIBITED WHEN THE OFFENSE IS IDENTIFIED IN

THE TABLE OF OFFENSES AND PENALTIES. THE DISCIPLINARY OFFENSE TITLES

CONTAINED IN THE GUIDELINE SCHEDULE ARE NORMALLY SUFFICIENT FOR THE

SCOPE OF THIS INSTRUCTION.

B-2-1
RESPONSIBILITIES: 

a. The DDSP Commander is responsible for the general administration of discipline within the

organization and for ensuring that the provisions of this instruction are applied fair and equitable to all those

employees under their jurisdiction without regard to race, religion, sex, color, national origin, age, or physical

or mental handicap which docs not interfere with the performance of duties. Management officials are

encouraged to maintain an objective position concerning disciplinary offenses because of the very real

possibility that they may be involved in a decision making process on these matters. If a Management official

has participated in, the initiation, a decision to propose, an advisory capacity to subordinate official on a

proposal or any decision leading up to an action, the Management official shall be disqualified from making

the final decision to impose a penalty and the matter will be referred to a higher authority. 

b. The Civilian Personnel Officer and members of his/her staff are responsible for providing

technical advice and assistance to all levels of management in disciplinary matters and adverse actions;

reviewing disciplinary and adverse actions for procedural compliance and conformity with the schedule of

offenses and penalties; maintaining records and making required reports; analyzing existing procedures and

recommending changes for their improvement and maintaining disciplinary and adverse action and appeal

files. 

c. Supervisors and other Management officials are responsible for making every effort to prevent the

need for disciplinary and adverse actions through: 

1. early identification of potential problem situations, 

2. reoccurring advisories of rules of conduct and performance, 

3. informal efforts coordinated with the employee to identify and attempt to resolve

problems, 

4. and through application of informal disciplinary measures to the extent that formal

discipline can be avoided. 

Inasmuch as most employees will willingly and readily conform to reasonable instruction and

rules of conduct, it is essential that supervisors and other management officials ensure that employees under

their jurisdiction are informed ofwhat is expected ofthem and understand the necessity for compliance.

Before initiating disciplinary or adverse actions, supervisors are responsible for conducting or having

conducted a thorough investigation of an apparent disciplinary situation to determine and document facts and

assign responsibility.

B-3-1
GUIDANCE IN CHOOSING PENALTIES 

1. General The purpose of this enclosure is to provide advice and guidance to supervisors and

managers in selecting and effecting disciplinary penalties. While none of this advice and guidance is

mandatory, it should be understood to constitute minimum acceptable procedure and followed under normal

disciplinary situations. 

2. Philosophy of Discipline. Discipline is a managerial tool intended to correct deficiencies in

employee behavior and attitude, correct situations which interfere with efficient operations, maintain high

standards of government service and maintain public confidence in the activities covered by this instruction.

It is not the policy of the employer, or the activities covered by this instruction, to utilize disciplinary

measures for the sole purpose of punishing employees. An employee whose behavior is not acceptable to

management but whose behavior is not corrected is quite likely to persist in that unacceptable behavior in the

erroneous belief that it is correct, or at least condoned. Supervisors and managers have an obligation to such

employees to correct behavioral deficiencies while they arcestill minor and before the behavior becomes habit

and a bad example to others. It is easier to correct a first instance of deficient behavior than to ignore the

instance. It is easier and better management to correct a minor case of deficient behavior than to ignore the

situation and allow the problem to become a major one. 

3. Policy. It is the policy of the employer and those activities covered by this instruction to impose

the minimum disciplinary penalty that can be reasonably expected to correct the improper behavior. The

availability of a wide range of penalties from an oral admonishment to removal permits the selection of the

penalty which best fits the needs of the particular situation. Determining the minimum action likely to correct

the problem is extremely important and a responsibility which frequently lies with the first line supervisor. 

a. Like Penalties for Like Offenses. Disciplinary actions must be fair and just. This is

another way of saying that they must be similar actions for similar offenses. This does not mean that all

similar disciplinary situations must result in identical penalties since there are other factors such as

extenuating circumstances which should be considered. It is important that supervisors and management

officials have good reasons for imposing significantly different penalties for similar offenses. Adherence to

this principle will help to ensure equitable and uniform treatment of employees against whom disciplinary

actions are taken. Nevertheless, superficial consistency should be avoided. Supervisors and management

officials must give consideration to all factors involved when deciding what penalty is appropriate, including

not only the gravity of the offense and whether the action accords with good management practice but also

such other matters as the employee's past record, the frequency of the offense and the grade and nature of

the position the employee occupies. 

b. Timeliness. Disciplinary actions should be timely. Being timely does not mean that

disciplinary actions should be taken in haste. Disciplinary actions should not be taken until all facts have

been thoroughly considered . However, the corrective influence of a disciplinary action is greatly diminished

ifit follows the offense by a lengthy period of time. 

c. Extenuating. Unusual, or Aggravating Circumstances. Extenuating, unusual, or

aggravating circumstances should be considered in determining a proper disciplinary penalty. The employee's

version ofthe situation will be obtained before initiating a disciplinary action. It may be that the employee

will have an acceptable explanation or be able to present extenuating circumstances which would be cause for

mitigating a penalty which might otherwise be proposed. 

4. Table of Offenses and Penalties. The purpose ofthe Table of Offenses and Penalties is to assist

supervisors and management officials in: 

a. Properly identifying the offense,

B-4-1
b. Assessing the appropriate penalty within a given range, and 

c. Achieving equitable and just treatment among employees. 

Should an offense be committed which is not adequately or properly identified by one of the listed

offenses, such terms that are listed that best fit the act for which the employee is being disciplined will be

used. The range of penalties offers considerable flexibility and is sufficient to most situations. In unusual

cases, a maximum range provided may be imposed. When a greater penalty than minimum recommended by

the Guideline Schedule of Disciplinary Offenses and Recommended Penalties is imposed, justification for the

more severe penalty shall be included in the advance notice of proposed action and in the notice of decision. 

(1) Identifying an Offense. 

(a) A number of offenses, similar in nature and occasionally overlapping, have been

combined and listed as one item under "Offense" on the schedule. When describing an offense in a

disciplinary situation, care should be exercised that only those portions or phrases which describe the

employee's actual conduct are quoted. 

(b) The offense must be accurately described by a specific and detailed supporting

explanation. Exact and precise terms should be used throughout the description of the offense. Whether a

grievable or appealable adverse action, the description of the offense must meet the specificity and detail

requirements. In offenses involving violations of law, the employee should not be charged with "violation of

U.S. Code etc." Such an offense will stand only ifthe employee has been found guilty in an 

appropriate court oflaw. Accordingly, when defining an offense which may be punishable in a court oflaw,

the offense should be defined in terms of the employee's actual misconduct. 

(2) Series ofOffenses. 

(a) When an employee commits a "series of offenses" within a relatively short period

of time and management has not had time to take individual action although it proceeded in a timely fashion,

the series of offenses may be combined in a single action. In the notice- of proposed disciplinary or adverse

action and in the notice of final decision, each offense will be identified and described as in an individual

action. Included will be an explanation of the more severe penalty. 

(b) When a determination has been made not to take action on a particular offense

or when management has failed to take timely action on an offense, the offense may not be included

subsequently as a part of a series of offenses to be used as the primary basis for disciplinary action. 

(3) Appropriate Penalty. 

(a) Any penalty that is more severe than the range recommended by the Table of

Offenses and Penalties for a particular offense must be justified in the proposal letterwhy that range could

not be expected to correct the offending employee. 

(b) In assessing the appropriate penalty, the employee's prior disciplinary record (if

within the reckoning period), as well as any applicable aggravating and/or mitigating factors, i.e. Douglas

Factors, will be considered. If used, this record will be cited in the notice of proposed disciplinary action and

in the notice offinal decision. 

1. Informal disciplinary actions may not be counted as prior offenses in

determining a penalty. Incidents for which an employee has been admonished and which have not been the

subject of formal action may be used in assessing a penalty for a current offense ifthey occurred within the

reckoning period of the current incident. In such cases, the incidents must be specifically cited in the advance

B-4-2
notice of proposed disciplinary action and the employee must be permitted to respond to these incidents as

well as the current offense. 

2. A letter of reprimand may be counted as a prior offense provided the

letter of reprimand is within the reckoning period. 

3. A suspension or reduction in grade or pay (if effected for disciplinary

reasons) may be counted as a prior offense provided the effective date of the suspension or reduction in

grade or pay is within the reckoning period.

B-4-3
EVIDENCE REQUIREMENTS 

1. General. Every action must be supported by evidence. The type of evidence required, therefore,

is of paramount importance to the supervisor or manager charged with the investigation of employee

misconduct and the defense of management’s action at a hearing. Managers and supervisors are responsible

for ensuring the actions are based upon sufficient evidence as will support a prima facie case. Strict legal rules

of evidence used in courts of law are not applicable. Charges or reasons stated by management in a proposal

letter do not constitute evidence or proof that, in fact, the employee committed the offense ofwhich he/she

is accused. 

2. Standard of Evidence. Evidence is usually in the form of testimony of witnesses, and/or

introduction ofstatements and affidavits, equipment, or other material objects. There is no guideline which

advises what is sufficient evidence to prove a case against an employee. It is necessary, therefore, that every

employee becomes completely aware ofwhat is required to substantiate an alleged violation. The standard of

evidence required to support an administrative action depends upon the nature of the action. The Merit

Systems Protection Board has held that actions must be based upon a preponderance of evidence. A

preponderance of evidence is that degree of evidence which a reasonable mind, considering the record as a

whole, might accept as sufficient to support a conclusion that the matter asserted is more likely to be true

than not true. 

3. Nature of Evidence. Evidence will support a disciplinary or adverse action only ifit is relevant

and material to the offense being addressed. Evidence is “relevant” when it has a bearing on the issues in the

case. Evidence is “material” when it will have some weight in the disposition ofthe case. Once the evidence

has been established as relevant, the manager or supervisor should be aware of the type of evidence he/she

has. 

a. Competent. Evidence is competent ifit comes from a reliable source. The source of the

information must also have knowledge of the issues or subject under discussion. 

b. Authenticity of Evidence. The authenticity of evidence must be verifiable. 

c. Direct evidence. Direct evidence will establish a fact in issue (testimony of eye witness to

the incident.) Statements ofwitnesses must be in writing. 

d. Circumstantial. Circumstantial evidence does not establish a fact, but when considered in

connection with other information and facts, according to common experience of Mankind, the existence of

another fact can reasonably be inferred; i.e., employee stealing TV tubes happens to run a TV repair shop in

his home. 

e. Real evidence. Real evidence is any physical object used or referred to, such as, scars on a

person, photographs, liquor bottles. 

f. Documentary evidence. Documentary evidence is anything in writing that is issued, in

evidence, to establish the truth of certain facts. This could be a drawing, a picture or writing or any material. 

g. Confessions. Confessions are an acknowledgment of guilt and are voluntary in nature.

Confessions are subject to rescission by the employee if they were coerced or obtained under duress. For

these reasons they are unreliable and should be used only in conjunction with more dependable types of

evidence. 

h. Presumptions. Presumption means evidence ofsuch a nature that it can be taken for

granted. It is the actual use of circumstantial evidence, (i.e., man found with a whiskey bottle in his hand

with the cap off and bottle partially empty and an odor of alcohol on his breath can be presumed to have

partaken of the bottle's contents.)

B-5-1
i. Stipulations. Stipulations are written or oral agreements by parties to an administrative

action that certain facts exist or do not exist. 

At the present time employees cannot use the self-incrimination protection of the 5th amendment in

administrative proceedings unless the nature of the charge could also be the cause for subsequent criminal

action. 

4. Validity of Evidence. In reviewing adverse actions for procedural compliance, the LMER office

will review and advise supervisors and other management officials on questions concerning the sufficiency of

the evidence to support the proposed action but are in no position to evaluate the accuracy, authenticity,

reliability, or validity of this evidence. This remains the responsibility of the official initiating the proposed

action. 

5. Disclosure. Any records, documents, or statements ofwitnesses which are to be relied upon to

support an action must be made available, upon request, to the employee and/or his/her representative.

Therefore, information which cannot be disclosed to the employee cannot be used to support an action. 

5. Disposition. Originals or best available copies of all documentary evidence used to support the

reasons for adverse action must be forwarded to the LMER office for inclusion in the case file.

Real or physical evidence must be protected insofar as possible from contamination and

wherever practicable placed in the custody of a responsible official.

B-5-2
INVESTIGATIONS 

1. General. Prior to initiating an adverse action, the supervisor or other management official must

ascertain whether there is sufficient evidence to justify the contemplated action. A prima facie case which can

withstand several tests should exist. Factors Co consider in developing a prima facie case include: 

a. Whether the proposed action can be demonstrated to be "for such cause as will promote

the efficiency of the federal service." 

b. Whether management has made a good faith effort to assist the concerned employee in

correcting the cited deficiencies and whether such efforts have failed in cases citing prior misconduct or prior

poor performance. 

c. Whether the evidence has been documented and can be supported in a hearing which

usually involves the testimony and cross examination of witnesses under oath or affirmation; and, 

d. Whether the proposed action is consistent with other actions taken by the activity for

similar cause. 

2. Representation. A Union which has been recognized as the exclusive representative of employees

in an appropriate bargaining unit will be given the opportunity to be present at any examination of an

employee in the bargaining unit by a representative of the agency in connection with an investigation ifthe

employee reasonably believes that the examination may result in disciplinary action against the employee and

the employee requests Union representation. 

a. The purpose of the examination is basically to obtain information from the employee.

When a union representative is present, the employee should be permitted to consult with the representative.

however, the union representative is not entitled to answer on behalf of the employee or to bargain with

management regarding the results ofthe investigation. 

b. The right to representation applies only where an employee is being questioned or

examined in connection with an investigation. It does not apply to everyday workrelated communication between supervisors and employees.

B-6-1
INSTRUCTIONS FOR THE PREPARATION AND

USE OF THE

ADVERSE ACTION WORKSHEET 

1. Before initiating any form of formal disciplinary action, it is required that the proposing

management official fill out an “Information Sheet for Proposal of Formal Disciplinary/Adverse Action”. (A

sample is enclosed on the following pages). 

2. Instructions. 

a. Prior to the discussion with the employee (and the employee’s representative, if

requested), the management official investigating the incident shall fill out the employee information block at

the top of the first page, as well as Sections 1 and 2. 

(1) Section 1 is the manager’s description of the incident, with appropriate spaces

for the date, time, and location, as well as the names ofindividuals directly involved, if any. If other

statements or Sccurity/Incident Reports are to be included or referenced in block 1d, they shall be made

available for the employee’s review prior to the completion ofsection 3. Block 1e shall list the names of

witnesses providing statements, if any. 

(2) Section 2a denotes the date that the employee was notified of his/her right to

Union representation, 2b the date of the interview, and 2c the name of the interviewing official. NOTE: If

the disciplinary/adverse action carries through to completion, the date entered on line 2b denotes the starting

date of the reckoning period. 

b. The management official will then conduct the interview with the employee (and the

employee’s representative, ifrequested), in order to complete section 3. 

(1) Section 3a is an indication of the employee’s acceptance/declination of Union

representation. 

(2) Section 3b will either contain a brief explanation of the incident in the

employee’s own words, (to be signed in the appropriate space), or a reference to an attached signed and dated

statement. Should the employee decline to provide either one, the manager shall so indicate in block 3b and

sign it. 

(3) The employee (and the employee’s representative, if applicable), shall be

afforded a reasonable amount of official time for the preparation of this statement if the employee elects to

enclose one with the worksheet. 

c. At the conclusion of the interview, the management official will complete sections 4, 5, 6,

and 7, and forward the worksheet to the LMER office for review. 

(1) Section 4 is the claimed title of the offense, as defined by the Guideline Schedule

which appears elsewhere in this instruction. 

(2) Section 5 is a listing of any/all previous actions still within a reckoning period,

and the information relating to them, including an indication ofwhere the manager obtained the record. 

(3) Section 6 is the manager’s assessment of a proposed remedy, based on the

Guideline Schedule. 

(4) Section 7 is the management official’s assertion that the affected employee has b

duly advised that a disciplinary action is being proposed, and the manager’s signature

stating that the provisions of this instruction have been complied with.

B-7-1
INFORMATION SHEET 

FOR PROPOSAL OF 

FORMAL DISCIPLINARY/ADVERSE ACTIONS 

NOTES: 1)If you have any questions or encounter any problems when completing this worksheet, 

please contact your servicing Employee Relations Specialist in the LMER office. 

2) The information contained in this worksheet shall be safeguarded in accordance with the

procedures set forth in the Privacy Act of 1974. 

Name of Employee _____________________________________________

Employee’s SSN _______________________________________________

Employee’s Title/Series/Grade/ ____________________________________

Organization/Division/Branch _____________________________________

Section 1. Description ofIncident- (Please provide all specifics. Remember, more information than necessary

is better than not enough) 

a. Date/Time of Incident _____ __________________________________

b. Location ofIncident __________________________________________

c. Name(s) ofindividual(s) directly involved in Incident: 

(Name) (Title) 

d. Description ofIncident- (attach extra sheets if necessary)

B-8-1
c. Name(s) ofwitnesses), if appropriate. (Attach signed and dated witness statcmcnt(s) to this form. 

Section 2 Specifics of Employee Interviewa. Name of employees Union Representative: 

b. Date employee was interviewed: 

c. Name and title of management official conducting the interview: 

Section 3. Employee's description of the incident- (To be filled out by the employee) 

a. I am aware of my right to Union representation, and I have elected/declined (circle one) to have a

representative present during this interview. 

b. The following is my statement regarding the incident in question: 

(Signature ofEmployee) (Date)

B-8-2
Section 4. Title of Offense- _________________ _____________________________

NOTE: Refer to the LIU Disciplinary procedures, and the Guideline Schedule of Disciplinary Offenses

contained therein. 

NOTE: If the offense is AWOL, attach copy of TALE sheet.. 

NOTE: When applicable, disciplinary actions shall only be taken within the parameters specified in the

section titled “Guideline Schedule of Disciplinary Offenses and Penalties for Civilian Employees. THE

CREATIVE TITLING OF CHARGES IS PROHIBITED WHEN THE OFFENSE IS IDENTIFIED IN

THE TABLE OF OFFENSES AND PENALTIES. THE DISCIPLINARY OFFENSE TITLES

CONTAINED IN THE GUIDELINE SCHEDULE ARE NORMALLY SUFFICIENT FOR THE

SCOPE OF THIS INSTRUCTION. 

Section 5. Previous Actions- Please list all previous informal and formal actions that are currently within

applicable reckoning periods, and the source of that information. 

A. Date: _____________________________

Offense: _____________________________

B. Date: ______________________________

Offense: _____________________________

Action taken: __________________________ Action taken: __________________________ 

Name of manager taking action: Name of manager taking action: 

Please indicate where a record of the action can be found, or enclose a copy. 

Section 6. Proposed Action- NOTE: Refer to the LIU Supplement to DLAR 1406.1, and the Guideline

Schedule of Disciplinary Offenses contained therein. 

a. Ifsuspension, how many days? ________________________________________________

Section 7. Certificationa. Date the employee was advised by me that formal disciplinary may be forthcoming:

I certify that I have made every effort to obtain all the facts relative to this incident and have carefully

weighed the evidence prior to recommending this course of action in accordance with the LIU Supplement to

DLAR 1406.1. I further certify this action to be appropriate based on a complete review of this employee’s

total work record, and that it is consistent with any other actions that have been taken against all other

employees under my control for similar offenses. 

(Supervisor’s signature) (Date) (Ext)

B-8-3
RECKONING PERIODS

AND THEIR EFFECT

ON DISCIPLINARY REMEDIES 

1. Definition. A reckoning period is the length of time, specified in the disciplinary penalty, that the

action will remain in the employee’s Official Personnel Folder with the potential of being used as a prior

offense in the taking of any subsequent disciplinary/adverse action. 

2. Reckoning Period Timeframes. The specified reckoning periods for penalties are the maximum

correction of a disciplinary infraction are as follows: 

a. Informal (admonishment)

b. Letter of Reprimand

6 months 

18 months 

It is the current DDSP policy that the following reckoning periods apply to the disciplinaryactions listed below: 

c. 1-14 day suspension

d. 14+ day suspension

2 years 

3 years 

NOTE: The Reckoning Period begins on the date ofthe decision letter.

B-10-1
APPENDIX C 

GUIDELINE SCHEDULE OF DISCIPLINARY OFFENSES

AND RECOMMENDED PENALTIES FOR CIVILIAN EMPLOYEES 

1. When applicable, disciplinary actions shall only be taken within the parameters specified in the

section titled “Guideline Schedule of Disciplinary Offenses and Penalties for Civilian Employees. THE

CREATIVE TITLING OF CHARGES IS PROHIBITED WHEN THE OFFENSE IS IDENTIFIED IN

THE TABLE OF OFFENSES AND PENALTIES. THE DISCIPLINARY OFFENSE TITLES

CONTAINED IN THE GUIDELINE SCHEDULE ARE NORMALLY SUFFICIENT FOR THE

SCOPE OF THIS INSTRUCTION. 

2. Many of the items listed on this schedule combine several offenses in one statement, connected

by the word "OR”. Usage of the word "OR", in a charge make it nonspecific. Use only the items which

describe the employee's actual conduct and leave out the parts which do nor apply. 

3. Suspension penalties on this schedule apply to calendar days.

C-1
TABLE OF OFFENSES AND PENALTIES 

OFFENSE 

(CAUSE OF ACTION) 

1ST OFFENSE 

PENALTIES 

2ND OFFENSE 3RD OFFENSE 

1. Unauthorized absence of

more than 1 work day 

Reprimand to

5 day susp 

Reprimand to

10 day susp 

5 day susp

to removal 

2. Unauthorized absence

of 1 work day or less 

Reprimand to

1 day susp 

Reprimand to

5 day susp 

5 day susp

to removal 

3. Unexcused Tardiness Reprimand Reprimand to

1 day susp 

Reprimand to

2 day susp 

4. Leaving the Job site

without permission 

Reprimand to

1 day susp 

Reprimand to

5 day susp 

5 day susp

to removal 

5. Failure to request

leave in accordance

with procedures 

Reprimand Reprimand to

5 day susp 

5 day susp

to removal 

6. Insubordination or

Deliberate refusal

to carry out any proper

job related order 

Reprimand to

2 day susp 

2 day susp to

10 day susp 

10 day susp

to removal 

7. Failure or Intentional

unreasonable delay

in carrying out orders

or work assignments 

Reprimand to

2 day susp 

Reprimand to

5 day susp 

5 day susp

to removal 

8. Dishonest or

Notoriously

disgraceful conduct

on duty time 

Reprimand to

5 day susp 

Reprimand to

10 day susp 

10 day susp

to removal 

9. Concealing defective

work or negligent

workmanship resulting

in waste of materials

or funds 

Reprimand to

2 day susp 

1 day susp to

10 day susp 

5 day susp

to removal 

10. Failure to observe

precautions for

personal safety 

Reprimand to

2 day susp 

2 day susp to

5 day susp 

5 day susp

to removal 

11. Violation of safety

regulations which

results in damage to

life or limb or property 

Reprimand to

5 day susp 

5 day susp to 

10 day susp 

10 day susp

to removal 

12. Endangering the

safety of or causing

injury to personnel

through carelessness 

Reprimand to

removal 

C-l-1

5 day susp

to removal 

10 day susp

to removal
13. Willful damage

to government

property 

Reprimand to

10 day susp 

Reprimand to

removal 

5 day susp

to removal 

14. Unauthorized use

or possession of

government property 

Reprimand to 5 day susp 

5 day susp

to removal 

10 day susp

to removal 

15. Theft of government

or private property 

Reprimand to

removal 

5 day susp

to removal 

10 day susp

to removal 

16. Conversion of

government property 

Reprimand to 5 day susp 

2 day susp to

10 day susp 

10 day susp

to removal 

17. Loafing or wasting

time or inattention

to duty or engaging in

horseplay or arguments

which disrupts production 

Reprimand to 2 day susp 2 day susp to 5 day susp 5 day susp

to removal 

18. Sleeping on duty Reprimand to 2 day susp 

2 day susp to 5 day susp 5 day susp

to removal 

19. Loafing or Sleeping

on duty where life or

property is endangered 

Reprimand to

removal 

5 day susp

to removal 

10 day susp

to removal 

20. Fighting or

threatening or

attempting to inflict

bodily injury 

Reprimand to

removal 

5 day susp

to removal 

10 day susp

to removal 

21. Use ofinsulting,

abusive or obscene

language to or about

other personnel 

Reprimand to 2 day susp 

2 day susp to 5 day susp 

5 day susp

to 10 day susp 

22. Rude or

discourteous conduct

to the public while

performing duties 

Reprimand to 1 day susp 

Reprimand to 5 day susp 

5 day susp

to removal 

23. Falsification of

material fact in

connection with an

official record 

Reprimand to 5 day susp 

5 day susp to 

10 day susp 

10 day susp

to removal 

24. False testimony

or refusal to testify

in an official

investigation or

proceeding 

Reprimand to 5 day susp 

5 day susp to

10 day susp 

10 day susp

to removal

C-l-2
25. Intentionally filing

false claims against

the government or

assisting in such claims 

Reprimand to

removal 

5 day susp

to removal 

10 day susp

to removal 

26. Making false or

unsubstantiated

statements against

employees 

Reprimand to

removal 

5 day susp

to removal 

10 day susp

to removal 

27. Gambling or

unlawful betting

during duty hours 

Reprimand to 1 day susp 

Reprimand to 5 day susp 5 day susp

to removal 

28. Being on duty while

under the influence

ofintoxicants or

controlled substances 

Reprimand to 5 day susp 

5 day susp

to removal 

10 day susp

to removal 

29. Unauthorized selling

or possession of

intoxicants or

controlled substances

while on government

property 

Reprimand to

removal 

5 day susp

to removal 

10 day susp

to removal 

30. Discrimination

against personnel

because of any

recognized EEOC

condition 

Reprimand to

removal 

5 day susp

to removal 

10 day susp

to removal 

31. Sexual

harassment 

Reprimand to

10 day susp 

10 day susp

to removal 

30 day susp

to removal 

32. Violation of

security regulations 

Reprimand to 2 day susp 

2 day susp to 5 day susp 

5 day susp

to removal 

33. Failure to safeguard

where classified or

controlled material

has been compromised 

Reprimand to

removal 

5 day susp

to removal 

10 day susp

to removal 

34. Off-duty criminal or

dishonest or notoriously

disgraceful conduct that

adversely affects the

Employer/Public relationship 

Reprimand to

removal 

5 day susp

to removal 

10 day susp

to removal 

35. Minor misuse of a government vehicle 

Reprimand to 5 day susp 

5 day susp to

10 day susp 

10 day susp

to removal

C-l-3
36. Unauthorized use of a

G.O.V. for other than

official purposes 

37. Solicitation or

acceptance of a

gratuity in connection

with an employee's

official capacity 

38. failure to

observe smoking

regulations 

39. failure to observe

smoking regulations where

damage in property results 

30 day susp

to removal 

Reprimand to

removal 

Reprimand

Reprimand to

removal 

30 day susp

to removal 

Reprimand to

removal 

30 day susp

to removal 

Reprimand to

removal 

Reprimand to 5 day susp 

2 day susp to removal 

5 day susp 10 day susp 

to removal to removal

C-l-4
INFORMAL ADMONISHMENT 

1. Definition. An admonishment is any informal, written record to an cmployec(s) concerning the

employee's improper conduct or behavior to advise the recipients of acceptable standards of conduct and to

inform the recipients when their conduct is failing to meet those standards.

C-2-1
FORMAL DISCIPLINARY ACTIONS 

DEFINITION: 

For the purpose and scope of this instruction, formal disciplinary actions are Letters of Reprimand,

Suspensions and Removals. 

Before proposing a disciplinary action, supervisors and managers must comply with requirements for

investigations contained herein and follow the requirements of this instruction as it may pertain.

C-3-1
LETTERS OF REPRIMAND 

1. Definition. A letter of reprimand is a formal written action that is temporarily recorded in the

employee’s Official Personnel bolder (OPF). This type of action is taken when the seriousness of the

misconduct or breach of regulation indicates that an oral admonishment is inappropriate. 

2.Purpose. A letter of reprimand may be issued to an individual employee when a breach in the

employee/employer relationship is of such nature as to warrant the temporary inclusion of a record in the

employee's Official Personnel bolder but is not, in the judgment of the employee's supervisor or other

management official in the employee's chain of command of sufficient gravity to warrant the employee's

suspension, demotion or removal. It Constitutes a fair warning that the employee has failed or is failing to

meet the prescribed standards of behavior of the organization and is the minimum remedy which will

establish for the record the occurrence of a disciplinary offense. 

3. Procedure. The following procedures apply to issuing letters of reprimand. 

a. Investigation. Before issuing a letter ofreprimand, the immediate supervisor or other

management official contemplating reprimanding an employee shall conduct or have conducted an inquiry or

investigation to determine the facts and develop supporting evidence. 

b. Preparation. Letters of reprimand must be prepared on the form contained in this

enclosure by the immediate supervisor or other official at a higher level of management within the employee’s

chain of command. Technical advice and guidance on the preparation of letters of reprimand are available,

upon request, from the Personnel Office. After the letter has been prepared in it’s final form and before it is

issued to the employee, it shall be reviewed by an Employee Relations Specialist for procedural compliance. 

c. Retention. Duplicate copies of letters ofreprimand with the employee's signature and

date of receipt shall be forwarded to Personnel for filing in the Official Personnel Folder for not more than

eighteen (18) months from the date ofthe offense for which the reprimand was issued. If upon appeal, or

other administrative review by the issuing official or an official at a higher level of management in the

employee's chain of command it is determined that the letter ofreprimand was unwarranted or has served its

intended purpose, it will be removed from the official personnel records and destroyed. Letters of reprimand

which are obsolete or removed from the official personnel record upon appeal or administrative review may

not thereafter be used to support a subsequent action. 

c. Grievances. Letters ofreprimand are grievable on the basis of both merit and procedural

compliance through the appropriate grievance procedures. Employees included in a

collective bargaining unit shall use the negotiated grievance procedure contained in the

collective bargaining agreement applicable to the employees in the unit.

C-4-1
REPLACE THIS PAGE WITH THE LEITER OF REPRIMAND FORM

DESIGNATED AS A “SAMPLE”, AND HCTIC1OUSLY EILLED IN.

C-5-1
SUSPENSIONS OF FOURTEEN DAYS OR LESS 

1. Definition. A suspension is a temporary enforced absence from duty in a nonpay status for one

or more work days imposed as a corrective penalty for serious misconduct or repeated lesser infractions.

Suspensions of one to fourteen calendar days are grievablc. 

2.Purpose. Suspensions are usually imposed in connection with serious breaches of conduct and

regulations or for repeated infractions of a lesser nature and may be the final warning step in the progressive

disciplinary process before removal action. 

3. Authority. Notices proposing suspensions of fourteen (14) days or less will normally be issued by

the employee's immediate supervisor but when the situation warrants, they may be issued by an official at a

higher level of management within the employee's chain of command. Notices of decision effecting adverse

actions must be issued by an official in the employee’s chain of command at least one level of management

above that of the official who proposed the adverse action 

4- Coverage. The procedures used in proposing and effecting suspensions of fourteen calendar days

or less shall apply to all employees covered by this instruction. 

a. Notice ofProposed Suspension. After the notice of proposed suspension has been

prepared and reviewed, the Personnel Office will return the letter to the employee's supervisor or other

management official for signature and delivery to the employee. The contents of a letter proposing

suspension, as well as a sample, are contained in this instruction. 

b. Employee's Answer. Employees whose suspensions are being proposed have the right to

answer the proposal both personally and/or in writing and to be represented in making their replies. Answers

to proposals ofsuspensions of fourteen calendar days or less are directed to the official having the authority

to effect the suspension. Employees may submit their written answers and requests for personal interviews

to the appropriate official. Up to eight hours of official time may be granted to the employees by their

immediate supervisors for the purpose of preparing their replies. The employee will be provided ten calendar

days to answer the proposal. Detailed information on the employees' answers is contained in this instruction. 

c. Notices of Suspension. After considering an employee's answer or if the employee

fails to answer, after the time limit for doing so has expired, the official who has the authority to make the

final decision on the proposed suspension shall prepare a written decision at the earliest practical date which: 

(1) considers only the reasons specified in the notice of proposed suspension, 

(2) specifies the reasons for the decisions, 

(3) considers any answer the employee and/or the employee's representative made,

and forward it to the Personnel Office with any written answers and/or summaries of any oral answers

submitted by an employee. The decision must indicate that the deciding official has considered any answers

which the employee may have mate and indicate what, if any, further action is to be taken. The official may

decide to effect the suspension as proposed or reduce or eliminate the proposed penalty; he/she may not,

however, impose a more severe penalty than originally proposed unless the original proposal is canceled and

the employee is given another notice of proposed suspension or adverse action. The contents of the notice

ofsuspension, as well as a sample, are contained in this instruction. Delivery of the notice ofsuspension must

be made prior to the effective date of the suspension. Delivery of notices ofsuspension will be in accordance

with this instruction. 

5.Grievances. Suspensions of fourteen calendar days or less may be appealed on the basis of both

merit and/or procedural compliance through the appropriate grievance procedures. Employees included in a

collective bargaining unit must use the negotiated grievance procedure contained in the collective bargaining

agreement applicable to employees in the unit. C-6-1
ADVERSE ACTIONS 

1. Definition: An adverse action is any one of the following three categories of personnel actions: 

a. Suspensions of more than fourteen calendar days. A suspension is a temporary enforced

absence from duty in a nonpay status imposed as a corrective penalty for serious misconduct or repeated

lesser infractions. Those suspensions which exceed fourteen calendar days in duration are appealable adverse

actions. Suspensions of fourteen calendar days or less are gricvablc adverse actions. 

b. Reductions in Grade and/or Pay. A reduction in grade and/or pay (demotion) is an

involuntary lowering of an employee's level of classification under a position classification system and/or rate

of basic pay fixed by law or administrative action for the position held by an employee as the result of a

decision of a management official, and is taken for reasons other than reduction in force or to return an

employee to his/her regular position or place him/her in one as good or better than his/her regular position

when a temporary promotion is terminated within a period of two years. 

c. Removals. A removal is an involuntary separation from employment based upon the

decision of an administrative officer. It is the most drastic administrative action which can be imposed upon

an employee in that it not only results in his/her separation from his/her employment, but it may also result

in his/her being denied further Federal employment or adversely affect his/her private employment

opportunities. 

2. Purpose. Depending upon the circumstances and the type of action, adverse actions may be used

to correct disciplinary situations. 

a. Suspensions of more than fourteen calendar days. Because of their punitive financial

impact on employees, suspensions of more than fourteen calendar days should not normally be used to

correct first or second disciplinary offenses. 

While there is no maximum limitation on the length of a suspension, suspensions ofindefinite

duration should be used only in those situations where it is impossible to determine in advance when, if ever,

an employee can be permitted to return to duty. 

b. Inasmuch as a demotion is usually related to questions of performance, it is not normally

an appropriate disciplinary action. However, in situations which appear to warrant removal, demotion to a

position of less responsibility and authority may be appropriate and serve as a more moderate remedy; as for

example, the demotion from a supervisor to a non-supervisory position, or the withdrawal of contract

approval authority. An employee's previous employment record and the prospect for satisfactory

performance in another position should be primary considerations in making this determination. 

c. Removals. As a disciplinary action, removals should be taken only after less severe

measures have failed to correct the offending employee, or when the first offense is of such a serious nature

that removal action is clearly warranted. The determination to remove an employee must be based upon the

most careful, accurate, and objective weighing of all pertinent facts and circumstances. The result of this

analysis must support the conclusion that the employee has demonstrated an unwillingness or refusal to

conform to rules of conduct or proper requirements and that removal is appropriate for the offense, fully

supported by the facts and is for such cause as will promote the efficiency ofthe Federal service. 

3. Authority. Notices proposing adverse actions will normally be issued by the employee’s

immediate supervisor but when the situation warrants, they may be issued by an official at a higher level of

management within the employee’s chain of command. Notices of decision effecting adverse actions must be

issued by an official in the employee's chain of command at least one level of management above that ofthe

official who proposed the adverse action.

C-7-1
4. Procedures. The following procedures shall be used when an adverse action against an employee

is contemplated: 

a. Investigation. Before proposing an adverse action, the employee’s immediate supervisor

or other management official contemplating such action shall conduct or have conducted an inquiry or

investigation ofsufficient scope to determine the facts and develop the necessary supporting evidence. 

b. Notice of Proposed Adverse Action. After the notice of proposed adverse action has

been reviewed by the personnel office, it will be sent to the employee’s supervisor or other management

official for signature and delivery to the employee. The contents of a letter proposing an adverse action, as

well as a sample letter, are contained in this instruction. 

c. Employee’s Answer. Employees against whom adverse actions are being proposed have

the right to answer the proposal both personally and/or in writing and to be represented in accordance with

Article 12 of this Agreement in making their replies. Answers to proposals of adverse actions are directed to

the official having the authority to effect the action unless the action has been proposed by the activity head.

If the action has been proposed by the activity head the employee’s reply will be directed to the activity head.

Employees may submit their written answers and/or requests for personal interviews to the appropriate

officials. Up to eight hours of official time may be granted to the employees by their immediate supervisors

for the purpose of preparing their replies. Detailed information on the employees’ answer is contained in this

instruction. A written summary of the employee's personal reply will be prepared. 

d. Notice ofDecision. After considering the employee's answer or if the employee fails to

answer, after the time limit for doing so has expired, the official who has the authority to make the final

decision shall decide what further action, if any, may be appropriate. The official may decide to effect the

action as proposed, or reduce or eliminate the proposed action. He may not however, impose an action more

severe than that originally proposed unless the original proposal is canceled and the employee is given

another notice proposing the more severe action. The employee's written answer and/or summary of his/her

personal answer will be forwarded to the personnel office. 

5. Appeals. Adverse actions may be appealed to the Philadelphia Field Office, MSPB (Merit Systems

Protection Board) or through the negotiated grievance procedure. To be considered timely, an appeal must

be filed with the MSPB any time during the period beginning with the day after the effective date ofthe

action being appealed but not later than 30 calendar days after the effective date. Employees may grieve an

adverse action in accordance with the terms and conditions of the negotiated grievance procedure.

Additional information on appeals is contained elsewhere in this instruction.

C-7-2
EMPLOYEE REPLIES TO PROPOSED ACTIONS 

1. General. Employees covered by the provisions of this instruction pertaining to disciplinary

actions have the right to reply to a proposed suspension or disciplinary action either orally or in writing or

both orally and in writing and to be represented in accordance with Article 12 of this Agreement in presenting

their answers. 

2. Definitions. The right to reply to a proposed disciplinary action is the employee's opportunity to

make any pleas or representations which the employee considers appropriate or believes may influence the

final decision in the employee's favor. The employee's reply need not be restricted to matters relating solely

to the reasons stated in the notice of proposed action. 

a. Written replies. The right to reply to in writing presents no substantial problems in terms

ofwhat is permissible or required. The written reply need not be in affidavit form but if the employee

wishes to collect affidavits the employee may do so. If the employee wishes to present an oral reply, the

employee may request the opportunity to do so as a part of or in conjunction with the written reply. 

b. Oral replies. The right to reply orally does not confer on the employee a right to a formal

hearing in which the employee may call witnesses or cross examine his/her accusers. The right to a hearing

in connection with an appeal is separate and distinct matter arising out of an unfavorable decision on the

proposed disciplinary action. The meeting is not an interrogatory, nor is it an extension of the initial

investigative procedure. 

3. Person to Hear Reply. The employee's written or oral reply should be directed to the

management official who has the authority to make the final decision, although the reply may be directed to

an official who is in a position to effectively influence the decision of the deciding official. Where feasible the

official receiving the reply should be other than the individual who proposed the action; where not feasible,

the proposing official may receive the reply. In any case, if a reply is made, the person receiving the reply will

prepare a transcript or written summary of the reply for inclusion in that case file. 

4. Employee Representation. In replying to a proposed disciplinary action, an employee is entitled

to representation in accordance with Article 12 of this Agreement of his/her choice except when such

representation would constitute a real or apparent conflict ofinterest or position, conflict with priority needs

ofthe activity or would give rise to unreasonable costs to the Government. 

5. Time Limits. An employee is entitled to whatever time is reasonably required to prepare and

submit the reply. This may vary widely from case to case, being affected by such matters as the number and

complexity ofthe reasons for the action; the amount oftime that might be expected for the employee To

collect and submit all information which is reasonably pertinent to the issues raised in the advance notice and

the amount of time the employee might need to review the material relied on to support the reasons in the

notice. Normally, the employee will be provided a minimum often calendar days to present his/her reply

with the opportunity for a reasonable extension ofthe time limit ifrequested by the employee and supported

by adequate justification. If the employee does ask for additional time it should be granted or the activity

must be prepared to show that the amount of time it did allow was in fact reasonable under the

circumstances. 

6. Official Time. An employee who is replying to a proposed action, and the employee's

representative, as per Article 12 of this Agreement, may be granted reasonable amounts of official time

(normally not in excess of eight hours) for such purposes as obtaining advice on rights and privileges under

governing regulations, arranging for affidavits, reviewing the material on which the reasons for the action are

supported and seeking such other information or assistance pertaining to the action as can be obtained only

during the normal duty hours of the employing activity. In presenting a personal reply, the employee, and the

employee's representative, shall be deemed to be in official duty status.

C-8-1
7. Conduct of Personal Interview, The official receiving an employee's oral reply to a proposed

action is responsible for establishing the time, date and place of the meeting in order to provide the employee

an opportunity to present his/her position in a response to the proposed action. 

a. Privacy. Personal interviews with employees should be conducted in such a manner as to

ensure the employee the maximum degree of privacy. Especially in those cases involving the employee's

alleged misconduct or delinquency, lack of privacy may be embarrassing and could inhibit a free and frank

discussion of the facts, genuine expression of contrition or pleas for leniency which might otherwise influence

the final decision. 

b. Participants. Normally, those persons present at the interview will be limited to the

official receiving the reply, the employee involved in the action, the employee's representative, if any, and a

person to prepare a transcript or summary of the discussion. Where the situation warrants and the employee

does not object, other persons may be present but the purpose of their presence should be explained to the

employee 

c. Procedure. The official receiving the reply should attempt to provide as relaxed an

atmosphere as conditions will permit. Regardless of the reasons for which the action is being proposed, the

employee should be treated courteously and with respect. As much as possible, the official receiving the reply

should avoid the appearance of sitting in judgment of the employee or indicating disapproval, condescension,

moral indignation, impatience or disbelief. While the official may ask questions of the employee to clarify

his/her own understanding ofthe employee's position, he/she should not attempt to cross-examine the

employee and he/she should exercise care to preclude argumentative discussions. Before terminating the

meeting the official should ensure that the employee feels that the employee has had an opportunity to

present the employee's position fully by asking the employee a direct question to that effect. The employee

should be informed that the personal reply as well as any written answers that may have been submitted will

be given full consideration before a final decision is made on the proposed action and the employee will

receive the decision in writing at the earliest practicable date. 

d. Employee Responsibility. In presenting a personal reply to a proposed adverse action, an

employee is expected to state the position in reasonable and temperate terms. The employee is solely

responsible for arranging his/her own representation, (if such representative is not affiliated with the Union),

for ensuring that the representative is available to attend the meeting, and for the representative's general

deportment and assertions. 

8. Record. A written summary or transcript of an employee's oral reply to a proposed action will be

prepared for inclusion in the case file.

C-8-2
APPEAL/GRIEVANCE RIGHTS 

1. General. Employees have the right to appeal or grieve all adverse actions. All notices of formal

adverse actions must inform employees of their right to appeal or grieve the action in question and to obtain

guidance and advice on the procedural and regulatory aspects of appealing or grieving the action from the

personnel office.

C-9-1
DISCHARGE DURING PROBATION OR TRIAL PERIOD 

1. Definition. Discharge during probationary or trial period means the termination or removal from

employment of a permanent employee before the employee acquires tenure through the completion of a one

year trial or probationary period. Although it is not an adverse action, the subject is covered in this instruction

for convenience. 

2. Purpose. The probationary period is the final and most significant step in the examining

process. It is during this period that an employee’s conduct and performance of his/her duties can be

evaluated. 

3. Authority. Notices of Discharge during trial or probationary periods will be issued by levels of

management at or above the Branch. When it is necessary to notify the employee in advance that the

employee’s discharge during the probationary period is being proposed, the advance notice may be issued by

the immediate supervisor or at any level of management above the immediate supervisor. 

4. Procedures. The following procedures shall be used when the discharge of a probationer is

contemplated. 

a Conduct of performance on or After Entrance on Duty. When a separation is based

entirely on deficiencies in performance or conduct after entrance on duty, the probationer is notified in

writing why he/she is being discharged and the effective date ofthe action. As a minimum, the notice must

indicate conclusions on the inadequacy of the probationer’s conduct or performance. Although it is not

necessary, it is good practice to furnish every discharged probationer with factual information about the

performance or conduct to make the basis for the discharge clear. 

b. Conduct Before Appointment. When separation action is based wholly or in part upon

the probationer’s conduct before employment (such as intentional falsification of application forms or other

pre-appointment documents) the probationer is entitled to a notice in advance indicating the reasons for the

discharge with sufficient specificity and detail for the probationer to understand them and reply to them. It

must inform the probationer of the right to reply in writing and submit affidavits in support of the reply and

identify the person or office to receive the reply. The notice shall fix a reasonable time for the probationer to

prepare and return the reply. The length of time allowed is governed by the difficulty of preparing a reply to

the allegations made, but normally five work days should be sufficient. Bona fide consideration must be

given to the probationer's answer. Ifthe reasons are successfully rebutted, the action should be canceled or if

mitigating circumstances are present, a lesser remedy may be appropriate. The probationer shall be given a

written decision indicating the basis for of discharge and the right to appeal discharges to the MSPB if the

probationer believes that the discharge was based upon considerations involving partisan politics or the

probationer's marital status. The decision shall also inform the probationer ofthe right to file a

discrimination complaint ifthe probationer believes that the discharge involved improper discrimination

because of the probationer's race, religion, sex, color, age, national origin or handicapping condition. 

c. Discussion. Whenever practicable (i.e., the employee is available and his/her conduct is

not threatening) the probationer's supervisor or other management official contemplating the discharge of the

probationer shall discuss with the probationer the reasons for the discharge. During the discussion, the

probationer will be informed of the basis for the action in a way that will be understandable to the

probationer and the probationer will be given an opportunity to present his/her position. The official

conducting the discussion will prepare a written summary of the discussion and attempt to obtain the

probationer's written concurrence on the accuracy ofthe summary. After considering the probationer's

position, the official will determine what, if any, further action may be appropriate. Ifthe probationer is to be

discharged, a Notice of Discharge during trial or probationary period will be prepared and sent to the

personnel office for review. The notice will indicate management's conclusions concerning the inadequacies

of the probationer's performance or conduct, the basis ofthese conclusions and supporting material.

C-10-1
d. Delivery of Notice. After the Notice of Discharge during trial or probationary period has

been prepared by the supervisor or other management official and reviewed by the personnel office, it will be

forwarded to the appropriate management official for signature and delivery to the employee in accordance

with the provisions of this instruction. If the reasons for discharging the probationer are based wholly or in

part on pre-employment conduct, an advance notice will be prepared and delivered in the same manner.

notices of decision must be delivered prior to the effective date of the probationer’s separation. 

e. Employee’s Answer. Probationers whose employment is being terminated during their

trial or probationary periods on the basis of their pre-employmcnt conduct have the right to answer the

proposal to discharge them. The answer must be in writing and should normally be submitted within five

workdays of their receipt of the proposal although additional time may be allowed in unusual circumstances.

The answer must be supported by affidavits and should be addressed to the management official having

authority to issue the notice of decision, while there is no requirement to grant a personal interview, the

deciding official may do so if he feels that it would contribute to a more equitable decision. 

f.Timing of Separations. In discharging a probationer during a trial or probationary period,

separation from the rolls must be effected before the probationer has completed the trial or probationary

period. Otherwise, the procedures applicable to appealable adverse actions are mandatory. To discharge a

probationer before the completion of the probationary period, the separation must be effective before the

end of the tour of duty on the last day of probation, which is the day before the anniversary date. Because

separations are effective at midnight and probationary periods are completed at the end of a tour of duty, it is

advisable to discharge the probationer no later than the day before the trial or probationary period will have

ended. 

g. Appeals, 

(1) An employee who is discharged from employment during a probationary or trial

period may appeal that decision to the MSPB on the grounds that the discharge: 

• Was based upon partisan politics or marital status when discharge for these reasons is not required by law, or 

• was not in compliance with the regulatory procedures for such actions. 

(2) An appeal to the MSPB must be filed any time during the period beginning with

the day after the effective date of the discharge until not later than twenty calendar days of the effective date.

Additional information on appealing to the MSPB is contained in this instruction or may be obtained from

the personnel office. 

(3) An employee who is discharged from employment in an excepted appointment

has no right of appeal to the MSPB unless the employee preference eligible who has completed one year of

current continuous service in the same or similar position. 

h. Records. Notices of discharge during the probationary or trial periods and background

documents for the action must be kept for two years from the effective date of the action. These records

must be retained in the personnel office, by subject rather than in or with employee personnel records. Upon

request from a state agency for unemployment insurance claims purposes the personnel office must furnish a

brief, factual summary ofthe reasons for the action. The disclosure ofinformation from this file to a state

agency for this purpose is permissible.

C-10-2
DISCHARGE (TEMPORARY EMPLOYEES) 

1. Definition. A discharge is the separation from employment of a temporary employee or other

employee not serving a trial or probationary period or otherwise entitled to the protection of adverse action

procedures. It is not an adverse action, but it is included in this instruction for convenience. 

2. Purpose. Although the employment of an employee may be terminated for a variety of reasons

(c.g. lack of work or lack of funds) the discharge procedures contained in this instruction are applicable only

to those employees whose employment is being terminated as the result of their willful misconduct and/or

unsatisfactory performance. 

3. Authority. Notices of Discharge will be issued by levels of management at or above the Branch

level. 

4. Coverage. The procedures used in discharging an employee apply to all employees of activities

covered by this instruction who are not serving a trial probationary period or entitled to protection under the

adverse action procedures . 

5. Procedures. The following procedures, as well as any collective bargaining agreements, will apply

to discharging an employee for misconduct or unsatisfactory performance: 

a. Discussion. Whenever practicable (i.e., the employee is available and his/her conduct in

not threatening) the employee's supervisor or other management official contemplating the employee's

discharge shall discuss the reason for the discharge with the employee. During the discussion the employee

will be informed ofthe basis for the action in a way that will be understandable to the employee and the

employee will be given the opportunity to present his/ her position. The official conducting the discussion

will prepare a written summary ofthe discussion and attempt to obtain the employees written concurrence

with the accuracy of the summary. After considering the employee's position, the official will determine

what, if any, further action may be appropriate if the employee is to be discharged, a Notice of Discharge will

be prepared indicating the official’s reasons for separating the employee and sent to the personnel office for

review, accompanied by the necessary supporting material 

b. Delivery of Notice of Discharge. After the Notice ofDischarge has been prepared and

reviewed it will be forwarded to the appropriate management official for signature and delivery to the

employee in accordance with the provisions of this instruction. The notice must be delivered prior to the

effective date ofthe employee's separation. 

c. Appeals. An employee who is discharged from temporary employment has no right to

appeal the action to the MSPB on any basis. 

d. Records. Notices ofDischarge oftemporary employees and background material

documenting the reasons for the action must be kept for two years from the effective date of the action.

These records must be retained in the personnel office with the employee's personnel records. Upon request

from a state agency for unemployment insurance claims purposes, the personnel office must furnish a brief,

factual summary ofthe reason for the action. The disclosure ofinformation from the file for this purpose is

permissible.

C-ll-1
LIUNA

AT

Mechanicsburg 

MAILING ADDRESS:

P.O. BOX 306

MECHANICSBURG, PA 17055 

Local Union 

No. 1170 

AFFILIATED AFL-CIO 

PHONE: (717) 605-2070

FAX: (717) 605-1168 

July 8, 2002 

TO: DDSP Commander, Captain Chris McKelvey 

FROM: Jerry Sutton, Business Manager, LIU Local 1170 

In accordance with Article 4, Section 2 ofthe Negotiated Agreement between Defense Depot

Susquehanna Pennsylvania, and Laborers’ International Union ofNorth America, Local 1170,

this serves as notice ofintent to negotiate an amendment to that agreement We propose to

amend Article 16, Section 3 to read as follows: 

Section 3. Employees may be required to furnish a doctor’s certificate or equivalent

documentation within a calendarweek ofreturning to duty after four (4) consecutive

workdays of absence due to sick leave and/or LWOP based on illness, ifthe leave is of a

suspicious nature. 

NOTE: Supervisors and employees are reminded that they should be aware ofthe number of

undocumented Sick Leave days used. 

Supervisors shall notify Depot Security for the purposes ofrequesting an investigation

and courtesy copy the Union and the employee with a copy ofthe written request (Intent is

to use security to investigate those incidents where there is potentially true incidents ofillegal

use of Sick Leave, i.e. fraud; individual had annual leave denied, called offsick; and 

information or evidence becomes available which would prove the individual was not truly in

need of Sick Leave). 

C/C: Simon Ellberger
LIUNA

AT

Mechanicsburg 

MAILING ADDRESS:

P.O. BOX 306

MECHANICSBURG. PA 17055 

Local Uno 

No. 1170 

AFFILIATED AFL-CIO 

PHONE: (717) 605-2070 

• FAX: (717) 605-1168 

July 8, 2002 

TO: DDSP Commander, Captain Chris McKelvey 

FROM: Jerry Sutton, Business Manager, LIU Local 1170 

In accordance with Article 4, Section 2 of the Negotiated Agreement between Defense Depot

Susquehanna Pennsylvania, and Laborers International Union ofNorth America, Local 1170,

this serves as notice ofintent to negotiate an amendment to that agreement. We propose to

amend Article 32, Section 3 to read as follows: 

Section 3. 

a) When the supervisor determines that employees must be moved on a temporary

basis to another building within the same supervisor’s area ofresponsibility,

seniority within title, series and grade will be followed by soliciting for volunteers

and then assigning by inverse seniority, ensuring qualifications for assignment are

met. 

C/C: Simon Ellberger
LIUNA

AT

Mechanicsburg 

MAILING ADDRESS: 

P. O. BOX 306

MECHANICSBURG, PA 17055 

Local Union 

No. 1170 

AFFILIATED AFL-CIO 

PHONE: (717) 605-2070 

30 January 2003 

Subject: OVERTIME/SUPERVISOR AREA OF RESPONSIBILITY 

Employees will perform all overtime to include mandatory overtime within their assigned

supervisor’s area ofresponsibility. All sign up sheets will be by supervisor’s area of

responsibility. Employees may be placed on a loan outside oftheir supervisor’s area of

responsibility ifthe work loads mandates. 

Loan out procedures will be fair and equitable in accordance with the collective

bargaining agreement. 

Jeffery D. Ressler 

Warehousing Division II West 

Mechanicsburg Site 

Defense Depot Susquehanna, Pa 

Jerry D. Sutton

Business Manager

LIU Local 1170
LIUNA

AT

Mechanicsburg 

MAILING ADDRESS:

P.O. BOX 306

MECHANICSBURG, PA 17055 

Local Union 

No. 1170 

AFFILIATED AFL-CIO 

PHONE: (717) 605-2070

FAX: (717) 605-1168 

July 8, 2002 

TO: DDSP Commander, Captain Chris McKelvey 

FROM: Jerry Sutton, Business Manager, LIU Local 1170 

In accordance with Article 4, Section 2 ofthe Negotiated Agreement between Defense Depot

Susquehanna Pennsylvania, and Laborers' International Union ofNorth America, Local 1170,

this serves as notice ofintent to negotiate an amendment to that agreement. We propose to

amend Article 3, Section 2 to read as follows: 

Section 2. The Unit to which this Agreement is applicable is composed of all nonsupervisory Federal Wage System employees of the Defense Logistics Agency and the

Defense Depot Susquehanna Pennsylvania (West Site). 

7/29/02

C/C: Simon Ellberger
Rulesfor Determining the Holiday 

If a holiday falls on a full-time employee’s regularly scheduled day off (RDO), then he/she gets the holiday on another

day, called the “in lieu of’ holiday. This is determined as follows: If the holiday falls on a Sunday, the employee must

take the next regularly scheduled workday following the

holiday as his/her “in lieu of holiday. If the holiday falls on

any day other than Sunday, the employee must take the last

regularly scheduled workday preceding the holiday as his/

her “in lieu of’ holiday.
MEMORANDUM OF AGREEMENT

Car/Van Pooling and Mass Transit Policy 

DLA Distribution Susquehanna, PA and the Laborers' International Union Local 1310

encourage the use of car/van pools and mass transit, and therefore agree to the following

Car/Van Pooling and Mass Transit Policy: 

Employees who wish to participate in carpooling or vanpooling, or use mass transit may

request to adjust their start and stop times to accommodate the majority ofthose with whom they

commute or the mass transit schedule(s) by submitting a request in writing using the attached

form (Request To Adjust Duty Hours to Accommodate Car/Van Pool or Mass Transit Schedule). 

Completed request forms can be mailed via inter-depot envelope to DLA Distribution

Susquehanna, PA Public Affairs Office Room OS 157 in Building 2001 or faxed to 770-7162. 

Management will make every effort to respond to requests within 7-10 days ofreceipt, or

earlier when necessary and identified on the request form. 

It is understood by the parties that every request will be evaluated fairly and on an

individual basis and that additional information may be requested from employees when

necessary to evaluate and respond to their request. If an employee chooses to stop participating

in a car/van pool or use mass transit, he/she will immediately notify the supervisor so that hours

may be adjusted to the original start and stop time. 

It is mutually agreed that changes under this agreement are limited to start and stop times

only, and do not affect shifts or Regular Days Off(RDO). Changes to Compressed Work

Schedules will be handled through the process outlined in the current negotiated agreement. 

For LIU Local 1310: For DLA Distribution Susquehanna: 

Edward R. Visker

Deputy Commander