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DCMA Administrative Record for FY 2013 Furlough Appeals

TABLE OF CONTENTS

Part 4

Location

(tab)

Agency 

File Part

Date Document Source

39 Part 4 of 5 1/11/2006 AFGE Council C170 and DCMA CBA Agency/

AFGE
 AGREEMENT 

BETWEEN 

DEFENSE CONTRACT MANAGEMENT AGENCY 

AND 

AFGE COUNCIL 170 

344 DCMA Administrative Record for FY 2013 Furlough Appeals
TABLE OF CONTENTS

A. OVERARCHING PRINCIPLES Page 

 Preamble 2 

1 - Parties to the Agreement and 3 

 Bargaining Unit Covered 

2 - Effect of the Agreement 5 

3 - Governing Laws and Regulations 6 

4 – Definitions 7 

B. ADMINISTRATION OF THE 

AGREEMENT

5 - Availability of Agreement 9 

6 - Duration and Termination 10 

C. UNION REPRESENTATION

7 - Official Time 11 

8 - Labor Management Relations 17 

 Between the Parties 

9 - Union Rights 27 

D. EMPLOYEE BENEFITS 

10 - Employee Rights and 29 

 Responsibilities 

11 - Employee Benefits 33 

E. EMPLOYEE WELFARE

12 - Employee Assistance Program 35 

13 - Drug-Free Workplace Program 38 

14 - Safety and Health 43 

15 - Wellness 48 

16 - Employee Disability 51 

 Compensation 

17 - Prevention of Workplace 53 

 Violence 

18 - Employee Debt 55 

19 - Equal Employment 56 

 Opportunity (EEO) 

F. PAY AND LEAVE 

ADMINISTRATION 

20 - Absence and Leave 59 

21 - Position Classification 73

 

G. TRAINING AND CAREER ADVANCEMENT 

22 - Career Development and 75 

 Training 

23 - Membership and Participation 78 

 in Professional Associations 

24 - Upward Mobility 79 

25 - Merit Promotion 80 

H. EMPLOYEE PERFORMANCE Page

26 - Performance Management 91 

27 - Awards and Recognition 99 

I. RECORD MANAGEMENT

28 - Employee Records 101 

J. EMPLOYEE CONDUCT 

29 - Maintaining Discipline 103 

K. DISPUTE RESOLUTION

30 - Grievance Procedures 108 

31 - Arbitration 113 

32 - Alternative Dispute Resolution 118 

L. TRAVEL

33 - Official Travel 119 

34 - Travel Gain-Sharing Awards 127 

35 - Transportation Subsidy 130 

36 - Deployable Employees- 131 

 Contingency CAS and 

 Emergency Essential (EE) Positions 

M. WORK ADMINISTRATION

37 - Hours of Duty 134 

38 - Overtime Assignments 141 

39 – Telework 146 

40 - Reassignments and Details 154 

41 - Contracting Out and 157 

 Outsourcing 

42 - Productivity 159 

43 - Research Programs and 160 

 Demonstration Projects 

44 - Furlough of 30 Days or Less 161 

45 - Transfer of Function 162 

46 - Reduction in Force (RIF) 164 

47 - Reorganization 170

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345 DCMA Administrative Record for FY 2013 Furlough Appeals
PREAMBLE

This Agreement is made and entered into by and between the Defense Contract 

Management Agency (DCMA), hereinafter referred to as the “Agency,” and the 

American Federation of Government Employees (AFGE) AFL-CIO, and its agent, 

AFGE Council 170 of DCMA Locals, hereinafter collectively referred to as the 

“Union”. 

The parties agree that the provisions of this Agreement apply to all professional 

and non-professional DCMA employees in the bargaining unit. 

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

best served by a constructive labor-management relations (LMR) program that 

provides for optimum participation of employees, through a cooperative 

relationship in the formulation and implementation of policies and practices which 

affect them. Both parties are committed to the development of a program which 

achieves that objective. 

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ARTICLE 1 

PARTIES TO THE AGREEMENT 

AND 

BARGAINING UNIT COVERED 

SECTION 1 - EXCLUSIVE REPRESENTATIVE

The sole and exclusive representative and the bargaining unit are defined in 

FLRA Certificate Case Number WA-RP-01-0050 dated February 20, 2004 and 

any subsequent amendments thereto. 

SECTION 2 - AUTHORITY

As the delegated bargaining agent of AFGE, the DCMA Council has the full 

authority to meet and confer with the Agency for the purpose of entering into 

negotiated agreements covering the members of the nationwide unit on all 

subjects, matters and issues covered by said agreements, and to administer this 

collective bargaining agreement and all future bargaining agreements covering 

the nationwide unit. The DCMA Council accepts the obligation to represent all 

members of the nationwide unit on a fair and impartial basis. This Agreement is 

the sole and exclusive agreement between the Agency and the Union. Further 

supplemental agreements are strictly prohibited. 

SECTION 3 - DELEGATED AUTHORITY

No other organization, association, or union, or any officer or representative 

thereof, shall be recognized, in any capacity or for any purpose, as the 

bargaining agent of the nationwide unit. When either party designates an agent 

to act on its behalf in filing charges, complaints, petitions or any other documents 

which have the purpose or the result of involving an outside agency or third party 

in any labor management relations matter involving the Agency and the Union, 

each party will notify the other of the name and authority delegated to such 

agent. Such notification shall be in writing. 

SECTION 4 - FUTURE RECOGINITION

A. The DCMA Council and the Agency agree that in the event that AFGE or any 

local affiliated with AFGE obtains recognition in the future as the exclusive 

bargaining agent of any group of DCMA employees which are not presently a 

part of the unit, it will be the joint position of the DCMA Council and the Agency to 

the Federal Labor Relations Authority that the employees should become a part 

of the professional and nonprofessional employees’ nationwide unit. These 

employees will automatically be covered by this agreement. 

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B. The DCMA Council and the Agency agree that, should a new DCMA Council 

Local be established and the employees they represent become a part of the 

bargaining unit, the new DCMA Council Local shall be permitted to negotiate on 

matters relating specifically and solely to the new employees represented as 

allowed in this agreement. 

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ARTICLE 2

EFFECT OF THE AGREEMENT 

This Agreement hereby revokes, supersedes and replaces any and all oral, 

written or otherwise implied collective bargaining agreements, supplements, 

memoranda of understanding, memoranda of agreement and past practices that 

are in place prior to this agreement’s implementation, between the Agency and 

any labor organization or its representative at any level in their entirety.

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ARTICLE 3 

GOVERNING LAWS AND REGULATIONS 

SECTION 1- GENERAL

The Agency and the Union shall be governed by all applicable laws of the United 

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

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

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

is executed. The Agency will not enforce any Government-wide rule or 

regulation promulgated after the effective date of this Agreement which is in 

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

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

SECTION 2 - COMPELLING NEED

The Union, however, recognizes that the Agency is a component of the 

Department of Defense (DoD) and that it must, therefore, operate strictly within 

the limits of the authority delegated to the Director of the Agency by the 

Secretary of Defense and that it must comply with and implement all nondiscretionary directives issued by the Office of the Secretary of Defense (OSD) 

concerning matters not covered in this Agreement and not in conflict with this 

Agreement. At the same time, the Agency recognizes the right of the Union, in 

any given case, to allege that no compelling need exists for the Agency to 

implement a specific DoD directive and to seek relief by exercising the privileges 

accorded to it by 5 U.S.C. Section 7117. Where the DoD, or the Federal Labor 

Relations Authority, determines that no compelling need for the directive exists, 

the matter may be negotiated at that time. 

SECTION 3 - MANAGEMENT RIGHTS

Nothing in this Agreement does, or ever shall, impinge upon, negate, reduce or 

detract from the rights and privileges which are vested in the Agency by virtue of 

the provisions of 5 U.S.C. § 7106, "Management Rights." 

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ARTICLE 4 

DEFINITIONS 

1. Agency – DCMA or its successor. 

2. Agreement – the collective bargaining agreement executed between the 

Agency and the Union governing the personnel practices, policies, procedures, 

and working conditions of employees in the unit. 

3. Consultation – for purposes of labor management relations between the 

Agency and the Union, an exchange of views, opinions, and rationale on matters 

of mutual concern which allows discussions of a broad range of topics that 

require each side duly consider the views of the other. This does not preclude 

negotiations when appropriate. 

4. DCMA Council – the DCMA Council Executive Board or designee. 

 

5. DCMA Council Local – any AFGE local representing DCMA bargaining unit 

employees. 

6. Day – a calendar day unless otherwise specified in the body of the 

Agreement. 

7. Employee – a DCMA bargaining unit employee. 

8. Grievance – any complaint by any employee concerning any matter relating to 

the employment of the employee; by any labor organization concerning any 

matter relating to the employment of any employee; or by any employee, labor 

organization or Agency concerning the effect or interpretation, or a claim of 

breach of a collective bargaining agreement; or any claimed violation, 

misinterpretation, or misapplication of any law, rule, or regulation affecting 

conditions of employment. 

9. Meet – means face-to-face unless otherwise specified in the Agreement. 

Alternatives to face-to-face meetings, such as VTC, conference call, etc., may be 

used for meetings of less than 1 day in duration when agreed to by both parties. 

10. Memorandum of Agreement (MOA) – the document resulting from mid-term 

bargaining during the term of the Agreement. 

11. Negotiate – meet, confer, bargain or otherwise communicate for the purpose 

of discussing and settling terms leading to an agreement. 

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12. Official Time - time during normal duty hours, as approved by the supervisor, 

when a Union representative performs representational duties. 

13. Organization – any subordinate entity below the Agency level. 

14. Position – a position within the bargaining unit. 

15. Statute – the Federal Service Labor Management Relations Statute, 5 

U.S.C. §7101 et seq. 

16. Supervisor – an individual as defined in 5 U.S.C. § 7103(a)(10) of the 

Statute. 

17. Union – the DCMA Council Executive Board, all Local officers, or their 

respective designees, acting as agents for the American Federation of 

Government Employees, AFL-CIO, for purposes of representing employees in 

the unit. 

18. Unit Representative – the principal representative for DCMA Employees 

when a DCMA Council Local President is not an employee of DCMA. 

 

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ARTICLE 5 

AVAILABILITY OF AGREEMENT

The Agency will make this Agreement available electronically to all bargaining 

unit employees. New employees will be made aware of this Agreement and how 

to access it electronically. 

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ARTICLE 6 

DURATION AND TERMINATION 

SECTION 1 - DURATION

This Agreement shall remain in effect for a period of 5 years from its effective 

date and shall be automatically renewed for an additional period of 3 years, 

subject to applicable law and/or regulations, unless either party gives written 

notice to the other party of its desire to renegotiate portions of this Agreement 

between 60 to 90 calendar days prior to 5 year anniversary. Such 

renegotiations, if held, will be separate and distinct from mid-term bargaining set 

forth in this Agreement. 

SECTION 2 - ARTICLES AND SIGNATURES 

This Agreement consists solely of a Preamble and 47 Articles. This Agreement 

is executed and binding upon the parties as of April 3, 2006. 

SECTION 3 - PROVISIONS FOR THE AGREEMENT 

The date of execution shall be the date that the parties sign the Agreement for 

the purpose of Agency Head approval under 5 U.S.C. § 7114(c). Implementation 

shall be effective the day of Agency Head approval, but not later than the 31st 

day after the date of execution, except for any noncompliance noted in the post 

review. 

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ARTICLE 7 

OFFICIAL TIME 

SECTION 1 - UNION REPRESENTATION

The DCMA Council shall inform the Agency of all Union representatives who 

shall be afforded official time to perform representational functions in accordance 

with law and this Agreement. Each organization will recognize Union 

representatives and grant official time, in the amount and circumstances 

described elsewhere in this Agreement. Official time under this Article will only 

be used to perform representational duties on behalf of DCMA bargaining unit 

employees. 

 1. All Union representatives are responsible for judicious use of official 

time. 

 2. Union representatives may not be evaluated on or rewarded for 

representational activities; however this does not preclude the use of nonmonetary awards as a means of recognition. 

 3. In accordance with 5 U.S.C. § 7131(b), official time may not be 

expended for any activities performed by employees relating to internal Union 

business (including the solicitation of membership, election of Union officials, and 

collection of dues). 

SECTION 2 - COUNCIL PRESIDENT

The President of the DCMA Council or designee, if a member of the bargaining 

unit and if otherwise in a duty status, will be entitled to 100% official time to: 

 1. prepare and represent the Union on grievances filed by the DCMA 

Council; 

 2. respond to grievances initiated by the Agency; 

 3. prepare the DCMA Council's case and represent the Union in an 

arbitration hearing; 

 4. participate in meetings arranged by the Agency and interface with 

Agency personnel as necessary; 

 5. represent the DCMA Council in negotiating with the Agency; 

 6. prepare and represent the Union on unfair labor practice cases filed by 

or against the Agency; 

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 7. serve as a member of any National/Department/Agency labormanagement relations committee; 

 8. meet, confer and participate with AFGE officials and DCMA 

Headquarters on representational issues; 

 9. represent the Council on any issues including, but not limited to, 

matters before Merit Systems Protection Board (MSPB), Office of Special 

Counsel (OSC) or Office of Personnel Management (OPM) classification 

appeals, or workers compensation; 

 10. attend training including but not limited to labor management 

relations; 

 11. conduct discussions and inquiries over interpretation of the 

Agreement and higher level law, rules and regulations; 

 12. participate in Senior Leadership Team Meetings; 

 13. participate in the development and implementation of 

instructions/policies promulgated by the Agency which affect the working 

conditions of bargaining unit employees; and 

 14. perform any other duties and responsibilities allowed per 5 U.S.C. 

Chapter 71. 

SECTION 3 - FULL-TIME REPRESENTATIVES

The President of the DCMA Council or designee (assigned in writing by the 

DCMA Council President), shall provide a list of fifteen (15) designees to the 

Agency who will be authorized 100% official time to perform the duties listed in 

Section 2 and Section 4 of this article or other duties assigned by the DCMA 

Council. The Council President, or designee, will provide reasonable advance 

notice in writing when re-designating Union Representatives identified under this 

provision. 

SECTION 4 - TIME FOR REPRESENTATIONAL DUTIES 

A. Local Presidents, Unit Representatives and all other recognized 

representatives of the Union will be accorded time to perform the following 

duties: 

 1. gather input for contract and mid term negotiations; 

 2. attend formal discussions as provided by 5 U.S.C. 7114(a)(2)(A); 

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 3. attend meetings arranged by management, when invited by 

management; 

 4. participation on committees and panels as authorized by this 

agreement; 

 5. attendance at labor management meetings; 

 6. discuss and investigate specifically identified complaints of employees 

with respect to matters covered by this Agreement; 

 7. prepare and present grievances under the negotiated grievance 

procedure; 

 8. attend the examination of an employee by a management 

representative if the examination is in connection with an investigation, if the 

employee reasonably believes that the examination may result in disciplinary 

action against the employee, and if the employee requests a Union 

representative; 

 9. prepare and present a grievance at an arbitration hearing; 

 10. prepare and present unfair labor practice cases filed against the 

Agency; 

 11. prepare and present a reply to a proposed disciplinary or adverse 

action; 

 12. respond to grievances initiated by the Agency; 

 13. prepare and present unfair labor practice cases filed by the Agency; 

14. perform those functions stated elsewhere in this agreement for which 

official time has been expressly provided; 

 15. witness preparation time for all hearings required as a part of the 

Union official’s representational duties; 

 16. Union participation in the development and implementation of 

instructions/policies promulgated by the Agency which affect the working 

conditions of bargaining unit employees; and 

 17. perform any other duties and responsibilities allowed per 5 U.S.C. 

Chapter 71. 

 

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B. Any recognized Union Representative not accorded 100% official time will be 

accorded a reasonable amount of time up to sixteen (16) hours per pay period to 

perform those duties in Section 4 A . Representatives may exceed this limit on 

official time on a case-by-case basis when required by extenuating 

circumstances and the parties agree it is of mutual benefit. Disputes over 

exceeding the limit on official time will be resolved on an expedited basis by the 

Council President and the Agency’s designee. Any time limits in the Agreement 

affected by this dispute will be held in abeyance pending resolution. 

C. The following representational activities will not be counted against the 

limitations on official time in Section 4 A: 

 1. attendance at meetings initiated by management when invited 

(excludes attendance at formal discussions as provided by 5 U.S.C. § 

7114(a)(2)(A) and attendance at the examination of an employee by a 

management representative if the examination is in connection with an 

investigation, if the employee reasonably believes that the examination may 

result in disciplinary action against the employee, and if the employee requests a 

Union representative); or 

 2. travel necessary for the performance of representational functions. 

SECTION 5 - NUMBER OF REPRESENTATIVES

A. Only one employee may be on official time to represent the Union in the 

performance of a particular representational function at any given time. 

Exceptions will be made when: 

 1. there is a need for training; 

 2. where a back-up is deemed necessary by the Union; 

3. more than one representative has been expressly provided for by this 

Agreement; 

4. more than one representative has been invited by management to 

attend a meeting; or 

5. more than one attendee is mutually agreed to by the parties. 

B. The word "representative" as used in this Agreement means one 

representative. However, the Agency agrees that in those situations when 

meetings require the attendance of an employee and their representative, the 

Agency will normally and reasonably limit attendance to not more than two (2) 

supervisory/managerial employees. When more than two 

supervisory/managerial personnel are required, the number of Council 

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representatives may be increased by one (i.e., three management 

representatives equals an employee plus two Council representatives). In the 

event that advisory staff is needed to deal with a matter of mutual concern (i.e., 

labor relations, safety, health, etc.) both parties may mutually agree not to count 

these advisors as supervisory/managerial representatives. The advisory staff will 

be in a duty status with time charged appropriately. 

SECTION 6 - REQUESTING OFFICIAL TIME

Union representatives (except those entitled to 100 percent official time) must 

seek and obtain the approval of their immediate supervisor before engaging in a 

representational activity on official time. 

1. The representative will advise the supervisor of the estimated amount 

of official time needed, the date and time when the official time will be used, 

where the representational function will occur and the reason for which the 

official time is requested. Permission to conduct official Union business, 

including representation and assistance activities, will normally be granted unless 

absence of the representative from his or her work duties would cause 

substantial adverse effect on the work product of his or her area. In those 

instances, an alternate time will be authorized. 

2. To minimize the amount of official time used and employee absences 

from assigned duties, contacts between an employee and his or her 

representative during working time will normally take place at or near the vicinity 

of the employee's work place. The organization will arrange a private enclosed 

space suitable for the employee and the representative to meet if requested by 

the Union representative. 

3. TDY may be authorized, as appropriate, when local on-site 

representation is not available. 

SECTION 7 - SECRETARY/TREASURER

The secretary/treasurer of each local and the DCMA Council shall be granted a 

reasonable amount of official time to maintain records and reports which are 

required by federal agencies and which are not related to internal Union business 

within the meaning of 5 U.S.C. § 7131(b). 

SECTION 8 - IDENTIFICATION OF UNION REPRESENTATIVES

Within 60 days after the effective date of this agreement, the DCMA Council will 

provide the Agency with a current list of representatives and the organization(s) 

they are assigned to represent. An updated listing will be provided as necessary. 

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SECTION 9 - SUBJECT MATTER EXPERTS

Where a subject matter expert is critical to the successful representation of 

employees with the Agency and the expertise is not available from the DCMA 

Council representatives in Sections 2 and 4, the Agency will make that individual 

available and may authorize travel and per diem as appropriate. 

SECTION 10 - LEGISLATIVE ACTIVITIES

The Parties agree to abide by current legislation and Federal Labor Relations 

Authority (FLRA) interpretations (i.e., 54 FLRA 38 & 39) relative to the propriety 

of using appropriated funds for the purpose of influencing pending legislation. 

Unless prohibited by the above constraints, the Union will be authorized official 

time to present the views of the Union to members of Congress on matters 

affecting the working conditions of bargaining unit employees. 

SECTION 11 - WORK CONSIDERATIONS

The Agency shall consider the time utilized by officials to perform labor 

management/representational duties in assigning workload to support mission 

accomplishment, so as to ensure that employees are not adversely affected by 

exercising their right to assist the Union. 

SECTION 12 - RECORDING OFFICIALTIME

All DCMA Council representatives using official time will record their time in the 

labor accounting system using the categories mutually agreed to by the Agency 

and the DCMA Council. This labor accounting system is the sole record for the 

Agency. 

SECTION 13 - NATIONAL AFGE REPRESENTATIVES

 

A. The Agency recognizes that AFGE National is accorded recognition and 

retains the right for any AFGE National Officer, National Vice President or AFGE 

staff to conduct business of AFGE. 

B. The Agency agrees that duly designated National AFGE representatives will 

be admitted to the installation for scheduled meetings with management and/or 

Union representatives during working hours in accordance with local facility 

security requirements. 

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ARTICLE 8 

LABOR MANAGEMENT RELATIONS BETWEEN THE PARTIES 

SECTION 1 - RECOGNITION

A. The Agency will publish the list(s) of identified DCMA Council Officers on the 

Agency website. Changes will be published as they occur. 

B. Quarterly, each organization will provide a copy of their most recent 

organization chart to the DCMA Council Local. The chart will include the 

organizational structure, and the names, series and grades of all assigned 

personnel. 

SECTION 2 - COMMUNICATION

 

A. The Union’s access to and use of the Agency’s communications resource 

(e.g. bulletin boards, Intranet, E-mail) shall not interfere with the mission or 

operation of the Agency. 

B. Any and all Union communication using Agency communication resources or 

distributed on Agency premises will not violate law, advocate violating the law, or 

contain items relating to partisan political matters and will not malign, disparage 

or harm the character of any individual or the Agency. 

C. The Union may distribute paper (i.e. hard copy or leaflet) material on the 

Agency’s premises in work areas to individual employees before and after the 

Agency’s tour of duty, subject to internal security requirements and contractor 

security requirements if applicable, and in the non-work areas, provided that both 

the employee distributing and the employee receiving such material are not in 

duty status. All such material will be properly identified as official Union material. 

SECTION 3 - MEETINGS BETWEEN THE PARTIES

A. The DCMA Council shall be afforded the opportunity to send up to five 

representatives to Agency Commander’s conferences and one representative to 

all other Agency conferences. These representatives will be granted official time 

and travel and per diem to attend. Copies of all briefings charts from the Agency 

Commander’s conferences will be made available to all personnel. 

B. The DCMA Council President and fifteen DCMA Council Representatives as 

designated by the DCMA Council President will be authorized travel and per 

diem to participate in an annual labor-management meeting with the Agency 

Director and/or Deputy Director for the purpose of addressing and discussing 

issues and matters affecting all AFGE bargaining unit employees in DCMA. 

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C. Normally, organization Commanders/Deputies/Directors will meet with the 

Council Local President or designee at least monthly to discuss subjects and 

issues of mutual concern. These meetings will be held during regular duty hours.

D. Labor-Management Relations Committee (LMRC) 

 1. The parties agree to form a labor-management relations committee to 

meet on a quarterly basis for the purpose of cooperative and collaborative 

dealings in resolving ongoing or reasonably foreseeable issues. 

 2. The committee shall be composed of ten members, six from the DCMA 

Council and four from the Agency. At least one of the Agency representatives 

and council representatives in attendance shall have the authority to commit on 

behalf of their respective parties. The Agency and the DCMA Council will chair 

the Labor Management Relations Committee meeting on an alternating basis. 

The Agency will be responsible for the administrative arrangements for the 

meeting. Attendance at a labor-management relations committee meeting by 

employees who are committee members will be on official time. 

 3. The Agency will be responsible for any other costs such as travel and 

per diem for current DCMA employees, in accordance with the JTR. Travel for 

committee members will be scheduled to take place during the normal workweek. 

4. Meetings will be held quarterly on the following schedule, unless 

agreed otherwise: 3rd Week of October, 2nd Week of January, 1st Week of April 

and 2nd Week of July. The duration of the meeting will generally be one to two 

days in length dependent upon the agenda. 

5. The location of the quarterly meeting will be rotated within the Agency. 

6. Proposed agendas and topics shall be submitted to the other party in 

writing as early as possible, but no later than ten days in advance of the date of 

the meeting, including the specific items for discussion. Additional items may be 

added after that date by mutual consent. 

7. The committee may discuss matters of mutual concern pertaining to 

personnel policies and practices and working conditions that have unit-wide 

impact. Individual complaints, grievances or appeals will not be discussed. 

SECTION 4 - OFFICIAL USE OF FACILITIES AND EQUIPMENT

A. Office Space 

The Agency will provide one private office for each DCMA Council Local, to 

include furniture, telecommunications and equipment, a lockable cabinet and 

supplies. In those instances where the 100 percent full time Union 

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representative is not a local president, the 100 percent full time Union 

representative will also be provided a private office as described above. In 

addition to access during regular duty hours, the Union will be provided access to 

the office during non-duty hours subject to local security procedures and 

practices. The work area, equipment, utilities and housekeeping services 

provided by the Agency will be at no cost to the Union. 

B. Meeting Space 

Upon advance request by the DCMA Council or designee, the Agency will 

provide space for meetings with employees for use during non-duty hours of the 

employees involved, provided that space is available. 

C. Bulletin Boards 

 

The DCMA Council or designee may post literature on bulletin boards or other 

authorized areas in accordance with DoD 5500.7-R, Joint Ethics Regulation. 

D. Telephones and Electronic Communications 

To ensure that Union representatives have a reasonable opportunity to 

communicate with employees, other Union representatives, and management 

officials, the Agency agrees that Union representatives may use existing activity 

telephones, fax or other electronic devices for authorized representational duties, 

when such use does not interfere with the Agency requirements. 

E. Mail/Bulletin Boards 

 

 1. The Agency’s internal mail system, including electronic mail, may be 

utilized by the Union in conjunction with official representational duties. 

 2. The Agency shall provide an e-mail bulletin board for the DCMA 

Council’s exclusive use to communicate with all bargaining unit employees in the 

Agency. Posting capability shall be limited to the DCMA Council or designee. 

 3. When appropriate, the Agency agrees to provide suitable wall bulletin 

boards to be placed in locations frequently utilized by bargaining unit employees. 

Posting capability shall be limited to the DCMA Council Local officers or 

designees. 

 4. The Agency agrees that the Union may use inter-office mail and 

regular mail. The Union shall have use of Agency metered mail for labor 

relations representational matters. 

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F. Transportation 

Either local GOV or reimbursement for other transportation will be provided for 

Union representational responsibilities involving bargaining unit employees if use 

of or reimbursement for such transportation meets applicable laws and 

regulations.

G. Email 

The Agency will provide a Union email address for each of the DCMA Council 

Locals. 

H. Office Moves 

When required to relocate from the existing office space, the Agency will notify the 

DCMA Council as soon as possible and the DCMA Council will be afforded the 

opportunity to negotiate. 

SECTION 5 - LOCAL NEGOTIATIONS

A. Any matters covered by the scope of this Agreement are not subject to further 

negotiation below the Agency and DCMA Council level unless otherwise stated 

in this agreement. 

B. If third-party interpretation and/or application of this Agreement is initiated and 

processed by the parties at the DCMA Council Local level, it shall only be binding 

upon the individual DCMA Council Local and the organization. 

C. Local negotiations are limited to those topics mutually agreed upon by the 

Agency and the DCMA Council. If the Agency and the DCMA Council cannot 

agree, the issue will be forwarded to FMCS for mediation after 15 days. Local 

negotiations will be documented in a Memorandum of Agreement (MOA). All 

MOAs negotiated at subordinate organizations shall be subject to review and 

approval by the Agency and DCMA Council prior to implementation. 

D. Procedures for Local Negotiations 

 1. The party requesting approval for local negotiations should forward the 

request to the Agency and the DCMA Council with a courtesy copy to the other 

affected party. The request shall include the specific proposal the requesting 

party is seeking to implement. 

 2. The approval to conduct local negotiations and designation of 

representatives shall be given in writing by the Agency and DCMA Council. 

 3. Each party shall be permitted no more than two representatives unless

expressly agreed to by the Agency and the DCMA Council in advance. 

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 4. Travel and associated costs will be borne by the Agency. 

 5. Upon receipt of approval for local negotiations from the Agency and the 

DCMA Council, the responding party has 14 days to provide its counterproposal. 

 6. Within 14 days of receiving the responding party’s proposals, both 

parties will negotiate, as necessary to achieve an agreement. It is intended that 

this will be accomplished primarily through telephone, video teleconferencing 

and/or written communication when the parties are not at the same physical 

location. 

 7. If at the end of 14 days any proposals remain unresolved, the parties 

will engage in “face-to-face” negotiations within 30 days. If the parties are still 

unable to reach agreement, the parties will refer the matter to the Agency and the 

DCMA Council for further consideration and action. 

SECTION 6 - MID-TERM BARGAINING

A. Matters Not Covered by the Agreement

1. Whenever the Agency or the DCMA Council proposes any change 

under this Article to any DCMA directive or policy relating to the personnel 

practices or matters affecting the condition of employment of bargaining unit 

employees, on matters not covered by this Agreement, the proposal will be 

transmitted to the President of the DCMA Council or the Agency, or their 

designated representatives, as appropriate. 

2. The Agency or the Union will be provided 14 calendar days from 

receipt of the notice to request to bargain. The Agency or the Union will submit 

written bargaining proposals or request additional information or a briefing with its 

request to bargain. If the Agency or the Union has requested additional 

information or a briefing with its request to bargain, the Agency or the Union will 

submit written bargaining proposals within 28 calendar days of the Agency’s or 

Union’s response to the request for information or the date of the briefing. 

3. If the Union fails to request to bargain within 14 calendar days from the 

receipt of the Agency’s notice or fails to submit written proposals within the 

required time frames, the Agency may implement the changes. 

4. The first negotiating session will take place as soon as possible but no 

later than ten (10) working days from the receipt of the written proposals. 

5. The time frames set forth in this section may be modified in writing by 

mutual agreement of the parties. 

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6. If DoD mandates any change in any matters affecting conditions of 

employment on issues not specifically covered by this agreement, the 

procedures set forth in paragraphs 1-5 shall apply. 

B. Matters Covered by the Agreement 

1. If a future law or regulation mandates a change to this Agreement, the 

Agency will promptly notify the DCMA Council President or his/her designee in 

writing of the proposed specific change. 

2. The Union will be provided 14 calendar days from receipt of the notice 

to request to bargain. The Union will submit written bargaining proposals or 

request additional information or a briefing with its request to bargain. If the 

Union has requested additional information or a briefing with its request to 

bargain, the Union will submit written bargaining proposals within 28 calendar 

days of the Agency’s response to the request for information or the date of the 

briefing. 

3. If the Union fails to request to bargain within 14 calendar days from the 

receipt of the Agency’s notice or fails to submit written proposals within the 

required time frames, the Agency may implement the changes. 

4. The first negotiating session will take place as soon as possible but no 

later than ten (10) working days from the receipt of the Union’s written proposals. 

5. The time frames set forth in this section may be modified in writing by 

mutual agreement of the parties. 

6. For purposes of carrying out the intent of this Section, the Agency and 

DCMA Council mutually recognize and agree that their respective proposals may 

be modified during the course of the negotiations to permit realistic good-faith 

bargaining of all aspects of but limited to the negotiable subject matter, including 

aspects directly related to but not anticipated when the written proposals were 

exchanged. 

C. Ground Rules for Mid-Term Bargaining 

 1. When mutually agreed, the Parties will use available technology (e.g. 

VTC, teleconference) to negotiate. 

 2. The Agency will provide a meeting room for negotiations and 

reasonable equipment. 

 3. The Agency and the Union will be represented at the negotiations at all 

times by one duly authorized chief negotiator who is authorized to execute 

agreements. 

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 4. The Union will be authorized the same number of Union 

representatives on official time as the Agency has representatives at the 

negotiations table. There shall be a minimum of two Union representatives at the 

table. The designated Union negotiators will be granted official time for time 

spent during the actual negotiations, including attendance at impasse proceeding 

during the time the employee would otherwise be a duty status. The Union will 

be permitted to have negotiators who are not employees of the Agency but if it 

does so, it agrees to pay any and all costs incurred by these negotiators. 

D. Execution of Agreements 

All written agreements or memoranda of understanding reached under the 

provisions of this Article will be duly executed and incorporated into, and to the 

extent not inconsistent with this agreement, will be subject to all the terms and 

conditions of this agreement. 

E. No Waivers 

Nothing in this agreement shall be deemed to waive either party’s statutory rights 

including, without limitation, the right to assert the “covered by” doctrine. 

SECTION 7 - DUES WITHHOLDING

A. General 

For the purpose of this Article: 

 1. The term "employee" refers to any bargaining unit employee who is a 

member in good standing of any DCMA Council Local. 

 2. The term "servicing payroll office" refers to the Defense Accounting and 

Finance Service (DFAS), which is responsible for processing the pay of DCMA 

employees . The Agency acts as a liaison for the process of dues withholding 

between the Union and DFAS. 

 3. The term "payroll allotment" refers to a voluntary authorization by the 

employee for a deduction in a specified amount to be made from the employee's 

pay each pay period for the payment of dues associated with their membership, to 

the DCMA Council Local. 

B. The Agency and the DCMA Council agree that: 

 1. The DCMA Council Local is responsible for fully informing the employee 

that their authorization for a payroll allotment: 

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 a. is completely voluntary; and 

 b. cannot be revoked for a period of 1 year from the date that the 

Agency receives the assignment. Thereafter, such revocation will not be effective 

until the first full pay period following September 1, provided the form is received 

by the Agency no later than September 1 and no earlier than August 1. 

2. When dues are erroneously withheld due to the DCMA Council’s failure 

to comply with the procedures above, any overpayment of dues by the employee 

will be a matter solely between the Union and the employee. When dues are 

erroneously withheld due to the Agency’s failure to comply with the procedures 

above, any overpayment of dues by the employee will be the Agency’s 

responsibility. 

 

C. Authorization of Payroll Allotment 

 1. Only one payroll allotment for dues withholding shall be authorized for an 

employee. 

 2. Standard Form (SF) 1187, Request for Payroll Deductions for Labor 

Organization Dues, or equivalent shall be used. The DCMA Council Local shall 

distribute this form to the employees. 

 3. The DCMA Council Local shall furnish the Agency with written notification 

of the name and title of the DCMA Council Local official who is designated to sign 

the certification on the SF 1187 or equivalent. 

 4. The DCMA Council Local shall be responsible for furnishing the servicing 

payroll office with a certified schedule of payroll allotments supported by completed 

SF 1187 or equivalent signed by the designated DCMA Council Local official and 

the employees. 

 5. The payroll allotment shall be in an amount determined by the DCMA 

Council Local. 

 6. The DCMA Council Local shall furnish a written notification of a change in 

the amount of the payroll allotment to the servicing payroll office. 

 7. The change in the amount of the payroll allotment shall become effective 

with the first complete pay period which occurs 30 days after the written notification 

is received by the servicing payroll office. 

D. Termination of Authorization 

The payroll allotment shall be terminated when any of the following situations occur: 

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 1. the employee retires; 

 2. the employee dies; 

 3. the employee is separated; 

 4. the employee ceases to be a member of the bargaining unit; 

 5. the employee ceases to be a member in good standing of the DCMA 

Council Local. If this occurs, the DCMA Council Local shall be responsible for 

promptly furnishing written notification to the servicing payroll office; or 

 6. the employee files a written notification through the DCMA Council Local 

(SF 1188, Cancellation of payroll Deductions for Labor Organization Dues or 

equivalent) to the servicing payroll office. This revocation must be signed by the 

local president or designee prior to processing. In this case the termination 

becomes effective on the first full pay period after the notification is received by the 

servicing payroll office. 

E. Processing Payroll Allotments 

 1. The parties recognize that payroll processing matters are the exclusive 

province of the Defense Finance and Accounting Service (DFAS). However, 

insofar as the Agency is able to request certain action discussed in the provision, it 

will facilitate them to the extent practicable. 

 2. Payroll allotments shall be processed at no cost to the DCMA Council 

Local or the employee. 

 3. The DCMA Council Locals agree to furnish DFAS with the name and 

address of the Union Official designated to receive the Union dues withholding 

monies and the Union dues withholding list. 

 4. After each pay period the servicing payroll office shall remit a check or 

electronic deposit to the DCMA Council Local for the payroll allotment deductions 

together with the following: 

 a. the names of employees from whom deductions were made and 

 the amount of each deduction, their Social Security Numbers and their 

 organization assignment; 

 b. the total number of employees from whom dues were withheld; 

 c. the total amount withheld; 

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369 DCMA Administrative Record for FY 2013 Furlough Appeals
 d. the names of employees from whom no dues were deducted; 

 and 

 e. a copy of any written revocation received by the servicing 

 payroll office since the previous remittance. 

F. Effective Dates 

 1. Completed SF 1187s or equivalent will be submitted by the Union to 

the Agency for certification of dues withholding eligibility. This certification will be 

completed within 5 days of receipt. Dues withholding will be effective at the 

beginning of the first full pay period after receipt of a certified SF 1187 or 

equivalent by the Agency. 

 2. Revocation of dues withholding will be effected by filing SF 1188 or 

equivalent with the Agency. Such revocation will not be effective until the first full 

pay period following one year from the date the Agency received the assignment. 

(See D.6 above). 

 3. Termination of dues withholding as a result of the separation of an 

employee or other action affecting the employee’s eligibility for withholding will be 

effective at the end of the pay period in which the separation or other action 

occurs. 

 4. If the Agency fails to process SF 1187s or SF 1188s (or equivalents), 

and the Local suffers a financial loss, the Agency will reimburse the Local.

SECTION 8 - LABOR-MANAGEMENT TRAINING

A. It is to the advantage of both the Agency and the DCMA Council if the Union 

representatives are knowledgeable about applicable laws, regulations, and new 

developments pertaining thereto. Subject to mission requirements, Union 

representatives may be granted reasonable amounts of administrative leave to 

attend AFGE-sponsored training sessions or other training courses which are 

available at no cost to the Agency, either for tuition or for travel and per diem. 

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ARTICLE 9 

UNION RIGHTS 

SECTION 1- UNION RIGHTS

In all matters relating to personnel policies, practices and other conditions of 

employment, the parties will have due regard for the obligations imposed by 5 

U.S.C. Chapter 71 and this Agreement. 

SECTION 2 - APPROPRIATE ARRANGEMENTS

See the Labor-Management Relations Between the Parties Article 8, Section 6, 

and 5 U.S.C. Chapter 71. 

SECTION 3 - ORDER OF PRECEDENCE

In any conflict between this Agreement and Agency Regulations, the provisions 

of this Agreement will be followed. 

 

SECTION 4 - PRESENTING VIEWS

The Union has the right to present its views to the Agency on matters of concern, 

either orally or in writing. The Union has the right to negotiate personnel policies, 

practices and working conditions as provided in 5 U.S.C. Chapter 71. 

SECTION 5 - FORMAL DISCUSSIONS

A. Consistent with 5 U.S.C. § 7114(a)(2)(A), as the exclusive representative of 

unit employees, the Union shall be given the opportunity to be represented at any 

formal discussion between one or more representatives of the Agency and one 

or more employees or their representatives concerning any grievance or any 

personnel policy or practices or other general condition of employment. 

B. The DCMA Council Local will be advised in advance of the time, location and 

general nature of the subject matter to be addressed at these formal discussions. 

Normally the Agency will provide such notification two (2) working days in 

advance. Copies of any briefing charts/documents provided to the bargaining 

unit employees will be provided to the DCMA Council Local prior to the formal 

discussion. 

C. During the formal discussion, the Union representative will be permitted to 

respond to issues affecting bargaining unit employees and any comments made 

about the Union and/or its views. 

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SECTION 6 - COMMUNICATIONS WITH BARGAINING UNIT EMPLOYEES

Consistent with 5 U.S.C. Chapter 71, the Agency may communicate directly with 

employees regarding conditions of employment provided that it does not do so in 

a manner which will improperly bypass the Union under the statute. 

SECTION 7 - SURVEYS

A. Employee surveys related to personnel policies, practices or working 

conditions will be provided to the Union in advance of dissemination. The Union 

shall respond with any concerns within ten working days. 

B. In those instances when the information received as a result of the survey 

causes the Agency to implement changes that affect bargaining unit employees 

in the areas of personnel policies, practices, or working conditions, the Agency 

agrees to negotiate as appropriate. 

SECTION 8 - UNION OFFICIAL ASSIGNMENTS

Union officials will be given consideration for lateral assignment to vacancies that 

will better enable them to perform their representational duties. 

SECTION 9 - ACCESS TO RECORDS

Upon a written request demonstrating a particularized need, the Union has the 

right to reasonable access to data normally maintained by the Agency pertaining 

to personnel and conditions of employment. Release of data to the Union is 

subject to applicable regulatory and legal restrictions. 

SECTION 10 - RESPONSIBILITY

The President of the DCMA Council Local, or designee, will be the primary 

person in all contacts with the organization(s) on matters involving personnel 

policies and/or practices or other general conditions of employment affecting 

employees represented by the DCMA Council Local. The President of the 

DCMA Council Local will notify the organization(s) of those officials who will carry 

out the provisions of this Agreement in his/her absence. 

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ARTICLE 10

EMPLOYEE RIGHTS AND RESPONSIBILITIES 

SECTION 1 - GENERAL

In accordance with 5 U.S.C. § 7102, each employee shall have the right to form, 

join, or assist any labor organization, or to refrain from any such activity, freely 

and without fear of penalty or reprisal, and each employee shall be protected in 

the exercise of such right. 

SECTION 2 - EMPLOYEE RIGHT TO PARTICIPATE

Employees have the right to engage in collective bargaining with respect to 

conditions of employment through representatives of the Union. 

SECTION 3 - EMPLOYEE CONCERNS

Employees have the right and shall be encouraged to bring matters of personal 

concern regarding conditions of employment to the attention of the appropriate 

Agency or Union representative at the lowest level capable of resolving the 

matter. 

SECTION 4 - EMPLOYEE RIGHT TO REPRESENTATION

A. A representative of the Union shall be given an opportunity to be present at 

any examination of an employee in connection with an investigation if: (1) the 

employee reasonably believes that the examination may result in a disciplinary 

action against them; and (2) the employee requests such representation. When 

such an examination is held, every reasonable effort will be made to schedule it 

at a time and site, which is acceptable to all of the participants. 

B. When an employee exercises their rights under this section and when the 

DCMA Council Local representative of the employee is not immediately 

available, the meeting will be deferred for a reasonable period of time to permit 

the presence of the DCMA Council Local representative if the Agency elects to 

hold the meeting. 

C. The Agency shall annually inform all members of the bargaining unit of their 

rights, as set forth in this Section. 

D. The Agency will recognize the employee’s right to seek DCMA Council Local 

representation at any time after the employee has been asked to make a 

statement about another bargaining unit employee should the employee 

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reasonably believe that such discussions could lead to subsequent disciplinary 

action against them. 

SECTION 5 - EMPLOYEE NOTICE TO SUPERVISOR

If an employee has a problem or situation which he or she desires to discuss with 

a DCMA Council Local representative during working hours, he or she will advise 

his or her supervisor and request permission to leave the work area. Supervisors 

will grant reasonable requests for temporary absence for this purpose at such 

times and for such a period of time as the employee can be excused without 

unduly impeding the work of the Agency. If not immediately approved, the 

supervisor will inform the employee of the earliest time that the employee can 

leave. 

SECTION 6 - EMPLOYEE PAY AND W-2 ASSISTANCE

A. Employees are entitled to their pay at the proper time and in the proper 

amount. The Agency will make reasonable efforts to assure that employees 

receive their proper pay at the proper time, and that their leave and earnings 

statements are available on the day they are due. 

B. The Agency will make reasonable efforts to assure that W-2s are available 

by the end of January of each year. 

SECTION 7 - NEW BARGAINING UNIT EMPLOYEES

A. The DCMA Council Local will be notified when bargaining unit employees are 

assigned to or separate from an organization. 

B. The Agency will advise new employees of their right to join or assist the Union 

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

and will provide new employees access to the names and phone numbers of 

appropriate DCMA Council Local representatives. 

C. All new employees shall be informed by the Union that the DCMA Council is 

the exclusive representative of employees in the unit. Each new employee will 

have access to a copy of this Agreement. 

SECTION 8 - HEALTH BENEFITS

A. The Agency shall keep employees informed of “open seasons” and the health 

benefits available. The Agency shall support Health Fairs, which provide 

employees health benefits information on individual benefit carriers. Such fairs 

are contingent on the cooperation and availability of representatives from various 

health benefit carriers. Employees shall be given reasonable time to attend 

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Federally-sponsored Health Fairs in their local area to the extent individual 

participation does not conflict with other mission requirements. 

B. The Agency will notify employees annually of the general requirements for 

payment of Health Benefits premiums during their non-pay status and the 

effects of cancellation of coverage. This notice will also remind the employees 

of their responsibility to seek Human Resources (HR) counseling and assistance 

on a case-by-case basis. 

SECTION 9 - SUBPOENA AND WARRANTS

If any employee is to be served with a warrant or subpoena, it will be done in 

private to the extent such circumstances can be reasonably controlled by the 

Agency. 

SECTION 10 - SENSITIVE DISCUSSIONS

Agency/employee discussions concerning performance deficiencies and 

disciplinary and adverse actions shall be conducted in a location which will 

ensure privacy. 

SECTION 11 - RIGHTS AND BENEFITS

None of the rights and/or benefits accorded the DCMA Council through this 

agreement shall be waived except by the Council in writing. 

SECTION 12 - LUNCH FACILITIES

The employees shall be provided a lunch area at each site where employees are 

duty stationed. If a separate room is available at the duty station or work site, the 

Agency shall provide this area as a lunch room. Lunch facilities on or adjacent to 

the duty station will satisfy these requirements. 

SECTION 13 - RELOCATION OF WORKSTATION

Where management has a legitimate business-related reason for designating 

that bargaining unit members sit at particular work stations, this will be discussed 

with the employees and the DCMA Council Local. Those bargaining unit 

members who are physically relocated shall select their individual workstations 

by consensus within a set of workstations designated by management. If the 

bargaining unit members are unable to arrive at a consensus, seniority by service 

computation date shall be used to resolve the matter. 

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SECTION 14 - COMBINED FEDERAL CAMPAIGN (CFC)

Gifts to the Combined Federal Campaign (CFC) shall be confidential. 

Information shall not be gathered, published or disseminated regarding individual 

charitable contributions or lack thereof. Bargaining unit employees will be 

encouraged to volunteer to assist in the administration of the campaign. The 

Agency will encourage appropriate recognition of these volunteers. 

SECTION 15 - DAMAGE TO EMPLOYEES CLOTHING

Employees will be compensated for damage to clothing incident to service in 

accordance with 31 U.S.C. § 3721. 

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ARTICLE 11

EMPLOYEE BENEFITS 

SECTION 1- PARKING

The Agency will arrange for employee parking wherever practicable. 

Implementation may be negotiated locally. 

SECTION 2 - EMPLOYEE USE OF THE INTERNET

A. The Agency has authorized limited personal use of the Internet including email through government furnished resources in accordance with the Joint Ethics 

Regulation, DoD 5500.7-R. 

B. Employees’ use of the Internet utilizing Government furnished equipment and 

computer networks is consent to monitoring usage. 

C. Examples of prohibited use of the Internet includes, but is not limited to, the 

following: 

 1. Storing, receiving, processing, displaying, sending or otherwise 

transmitting material that puts the Agency’s communication system to use that 

adversely reflects on DCMA, such as chain letters, and offensive or obscene 

material. Offensive material includes, but is not limited to, “hate literature,” such 

as racist literature, materials or symbols and sexually harassing materials. 

Obscene material includes, but is not limited to, pornography and other sexually 

explicit materials. 

 2. Participating in “chat lines” or open forum discussion unless for official 

purposes. 

 3. All Agency employees should report all suspected intrusions or 

compromises of Agency Internet or Intranet services, controls or any suspected 

alterations of the information that the Agency makes available on its Internet 

sites. Employees should contact the Agency Information Technology (IT) office 

to report suspected intrusions.

 SECTION 3 - DEPENDENT CARE

 A. The Parties to this Agreement support flexibility for employees in balancing 

their work and dependent needs. At Agency facilities where child care services 

are available, the Agency agrees that such facilities will be governed by 

applicable DoD regulations and the Military Child Care Act to ensure that a safe 

and healthful environment is provided. The Agency agrees to meet, confer, and 

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attempt to resolve specific issues related to child care services with the 

applicable DCMA Council Local.

B. To assist those employees in balancing work with family needs, the Agency 

will: 

 1. encourage the use of workplace flexibilities and programs such as 

flexible work schedules, compressed work schedules, telework, part-time 

employment, job share, and leave programs; 

 2. educate employees annually about Long-Term Care Insurance; and 

 3. increase manager and employee awareness of family-friendly 

programs. 

C. The Agency may arrange for annual Child/Elder care fairs at each 

organization. Employees may attend these seminars during duty time and at no 

cost. The Agency will provide a link to the OPM website regarding dependent 

care. 

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ARTICLE 12 

EMPLOYEE ASSISTANCE PROGRAM 

SECTION 1 - GENERAL

A. The federal Employee Assistance Program (EAP) provides free, confidential 

short term counseling to identify the employee's problem and, when appropriate, 

make a referral to an outside organization, facility or program that can assist the 

employee in resolving his or her problem. It is the employee's responsibility to 

follow through with this referral, and it is also the employee's responsibility to 

make the necessary financial arrangements for this treatment, as with any other 

medical condition. 

B. The Agency agrees to implement and promote an EAP for individuals 

suffering from alcoholism, drug abuse, financial problems or emotional disorders 

that may affect job performance and to make employees and supervisors aware 

of the program. 

C. Employees suffering from any of the above may request from the EAP 

information and/or assistance in locating appropriate rehabilitative services or 

community support groups. 

D. The objectives of this program are two-fold: (1) to enhance employee 

productivity and efficient personnel management by providing a mechanism for 

dealing with conduct and performance-related employee problems; and (2) to 

provide professional counseling services. The range of problems includes ANY 

employee problem which may adversely impact on job behavior, performance or 

conduct. These problems may include emotional, alcohol and drug-related, 

familial and marital, financial, legal and other problems. 

E. Confidentiality is an essential component of the EAP. All counseling records 

will be maintained in the strictest confidence. 

F. The Agency will insure that no employee will have job security or promotion 

opportunities jeopardized by a request for counseling or referral services. 

 

SECTION 2 - COUNCIL/AGENCY COOPERATION

The DCMA Council agrees to cooperate fully with the Agency in attempting to 

rehabilitate and improve the work performance of affected employees who need 

assistance under the provisions of this program. 

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SECTION 3 - EMPLOYEE RESPONSIBILITY

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

performance of their duties, reduces their dependability, or reflects discredit upon 

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

pursue help through the EAP before considering disciplinary or other corrective 

action. 

 1. Formal Agency Referrals 

 a. When the Agency formally refers an employee for EAP 

 counseling, the time associated with the initial assessment/referral and all 

 additional assessment visits with an EAP counselor will be without charge 

 to leave. 

 b. Subsequent visits to the referred provider for rehabilitation or 

 treatment of an employee problem will be charged to sick leave or other 

 leave at the employee’s option. 

B. Employees retain the right to refuse to participate in the EAP. If the Agency 

refers the employee to EAP and the employee refuses to participate, the Agency 

is free to pursue disciplinary or other corrective action. Referring an employee 

for counseling service is not a bar to initiating corrective action. If an employee is 

referred, but there is still no improvement in performance or conduct, corrective 

action may be taken as warranted, on the basis of the deficiency. 

C. The Agency will utilize a Management-encouraged referral to EAP in those 

situations when a supervisor becomes aware that an employee is experiencing a 

personal problem, but the work environment has not been affected. The 

supervisor will suggest use of the EAP services and offer to assist the employee 

in obtaining an EAP Counselor. No record will be made of the discussion. The 

time associated with the initial assessment/referral and all additional assessment 

visits resulting from Management-encouraged referrals will be without charge to 

leave. Subsequent visits to the referred provider (non-EAP counselor) for 

rehabilitation or treatment of an employee problem is charged to sick leave or 

other leave at the employee’s option. 

D. Employees who suspect they have such problem(s) whether or not it currently 

affects their work are encouraged to use EAP on a voluntary basis. 

SECTION 4 - USE OF SICK LEAVE UNDER THE PROGRAM

Employees undergoing a prescribed program of treatment will be granted sick 

leave, upon request, on the same basis as any other illness when absence from 

work is necessary. 

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SECTION 5 - PROGRAM TRAINING AND PUBLICITY

A. DCMA Council Local representatives will attend local seminars, workshops, 

conferences or training sessions designed to acquaint supervisors, managers 

and employees with the program and its operation. 

B. The Agency shall inform employees of the program and its services annually. 

C. Information on services and the coordinator’s name and telephone number 

will be made available to employees. 

D. New employees will be provided orientation on the EAP Program and 

services available. 

E. When the EAP provider is changed, all employees will be given information 

on the new provider in a timely manner. 

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ARTICLE 13 

DRUG FREE WORKPLACE PROGRAM 

SECTION 1 - GENERAL 

The parties recognize that the Agency's principal mission is to protect the 

national defense. Accomplishment of this mission requires the highest standards 

of employee competence, reliability and integrity. Illegal use or possession of 

drugs by employees, on or off duty, is inconsistent with accomplishing the 

Agency’s mission. Such conduct constitutes a hazard to personnel, property and 

operations; contributes to reduced employee productivity, reliability and 

increases employee absenteeism; and undermines the morale and discipline of 

the work force. Deterrence of illegal drug use and detection of employees who 

illegally use drugs is, therefore in furtherance of the Agency's national defense 

mission. Accordingly, the Agency, pursuant to Executive Order 12564, has 

established a Drug Free Workplace Program (DFWP) in furtherance of its 

national defense mission. 

1. Where an employee is entitled to rely on a management personnel 

policy, rule or regulation with respect to drug testing, for which the employee 

derives some benefit; or conversely, where management’s noncompliance would 

cause an adverse effect on the affected employee, management’s own 

compliance with its personnel policy, rule or regulation, shall be subject to the 

negotiated grievance procedure. The parties recognize that as of the execution 

date of this Agreement these laws, rules and regulations include: Executive 

Order 12564, Pubic Law 100-71, government-wide Department of Health and 

Human Services (DHHS) and OPM regulations. 

2. Employees are required to refrain from the illegal use or possession of 

drugs, on or off duty, as a condition of continued employment. Persons who 

illegally possess or use drugs, on or off duty, are not suitable for federal 

employment because such conduct is contrary to the efficiency of the service. 

Employees are required to comply with the DFWP, and refusal to do so will 

subject the employee to disciplinary action, including removal from the service. 

3. It is agreed that drug abuse or addiction may not be used as an excuse 

for misconduct or less than fully satisfactory work performance. The employee's 

cooperation of availing him or herself of assistance will be considered by the 

Agency when proposing or effecting disciplinary or adverse action, related to 

conduct or performance of the employee.

SECTION 2 - EMPLOYEES SUBJECT TO TESTING

The goal of the DFWP is deterrence of illegal drug use through a carefully 

controlled and monitored program of drug testing. The program will include:

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 1. Random drug testing of bargaining unit employees in Testing 

Designated Positions (TDPs) and other bargaining unit employees who volunteer 

to be included in the random testing program; 

 2. Drug testing of any employee when: 

 a. there is a reasonable suspicion that the employee may be using 

 drugs illegally; 

 

 b. the test is authorized as part of an investigation of an accident 

 or unsafe practice and there is a reasonable basis to believe that the 

 employee's actions may have contributed to the incident; or 

 c. the test is conducted as part of or follow-up to rehabilitation or 

 counseling program under the EAP; 

 3. Testing of applicants for appointment (including reassignment, transfer, 

or detail for more than 120 days) in a TDP; and 

 4. All employees required to take a drug test at the direction of the Agency 

will be in a duty status. If the test extends beyond the regular shift, the employee 

will receive overtime or compensatory time or be released. When an employee 

is selected for random testing and is unable to transport themselves (for 

example, due to being in a car pool) to the collection facility, the Agency will 

make transportation arrangements to and from the facility. In cases of 

reasonable suspicion, accident or unsafe practice, or follow-up testing, the 

Agency will arrange for transportation of the employee to and from the collection 

site. 

SECTION 3 - RANDOM SELECTION FOR TESTING

The Agency agrees that, except for volunteers, only those employees in TDPs 

will be subject to random selection for drug testing. 

 1. TDPs. The Agency agrees that designation of a position as a TDP will 

be in accordance with applicable law, rule and regulation. 

 a. An employee occupying a TDP will receive written notice that 

 his or her position has been determined to meet the criteria and 

 justification for random drug testing at least 30 days before the individual is 

 subject to unannounced random testing. 

 b. Any bargaining unit employees selected for random testing will 

 be selected on the basis of neutral criteria. 

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 2. Volunteers. Any bargaining unit employee who does not occupy a TDP 

may volunteer to be included in the random testing program by informing the 

Agency Drug Program Coordinator (DPC) in writing of his or her desire to be 

included in the pool of TDPs subject to random testing. Employees volunteering 

to be included in the TDP pool will be subject to the same conditions and 

procedures for random testing as persons occupying TDPs. 

SECTION 4 - SPECIFIC NOTIFICATION OF TEST 

Employees selected for drug testing will be specifically informed of any 

impending test in accordance with applicable regulations. Each employee will be 

informed reasonably in advance of each of the following: 

 1. the reasons for ordering the drug testing and how the employee was 

selected for the test (e.g., random, reasonable suspicion (must be articulated), 

investigation of an accident, etc.); 

 2. the consequences of a positive result and the consequences of a 

refusal to cooperate, including possible adverse action(s); and 

 3. the right to grieve actions pursuant to the drug testing program under 

the negotiated grievance procedure and be represented by the Union in those 

proceedings. 

 

The parties agree that methods and equipment used to test for illegal drug usage 

will conform to the DHHS mandatory guidelines. 

SECTION 6 - COLLECTION PROCEDURES 

The Agency agrees that collection procedures will be performed in accordance 

with applicable law, rule, and regulation. 

 1. Upon direction by management, designated employees will report to 

the designated location to be tested. 

 2. Unless direct observation collection is authorized by regulations, 

employees subject to testing will be permitted to provide a urine specimen in a 

rest room stall or similar enclosure so that the employee is not observed while 

providing the sample. 

 3. All samples collected will be subject to a strict chain of custody. 

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SECTION 7 - SAFE HARBOR 

The Agency agrees to provide an opportunity for assistance to those employees 

who voluntarily seek treatment for illegal drug use. "Safe Harbor" insulates the 

employee from discipline only for admitted acts of using illegal drugs when the 

Agency was unaware of such use. 

SECTION 8 - ADMINISTRATIVE ACTION 

Any employee who is determined to be an illegal user of drugs and who occupies 

a sensitive position must be removed from that position through appropriate 

personnel action. The employee may be returned to duty in a sensitive position 

as part of a counseling or rehabilitation program if, in the sole discretion of the 

head of the organization, he or she determines that returning the employee to 

duty in the sensitive position would not endanger public health, safety or national 

security. Such determinations will be made in a fair, equitable and 

nondiscriminatory manner. 

SECTION 9 - EAP REFERRAL

A. Employees who receive a first confirmed positive test result or who voluntarily 

admit illegal drug use under Section 7, will be referred to the EAP consistent with 

laws, rules and regulations. 

B. When it appears EAP referral is appropriate, the Union will encourage the 

employee to respond positively to the referral. 

C. Because of its special relationship with bargaining unit members, the Union 

will guide, support, represent and otherwise influence an employee to effect the 

most positive outcome possible. 

SECTION 10 - CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION

A. Records, files, and information pertaining to employee drug tests and test 

results will be handled confidentially in accordance with applicable laws, rules 

and regulations. 

B. Information will be released only to those officials of the Agency who have a 

need to know and are authorized by applicable law, rule or regulation to receive 

such information. 

C. Regardless of the test results, any employee who is the subject of a drug test 

will, upon written request to the DPC, have access to any records relating to his 

or her drug test. 

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SECTION 11 - UNION REPRESENTATION

A. An employee who believes his or her position was improperly designated a 

TDP may grieve the matter under the negotiated grievance procedure. 

B. A grievance concerning an alleged impropriety in the drug testing process will 

be handled by the parties in the same manner as any other grievance. The 

parties will cooperate in attempts to resolve any dispute according to the 

negotiated grievance procedure. 

C. The Union will be provided information concerning the general drug testing 

process and the chain of custody consistent with the provisions of 7114(b)(4) of 

the Statute. 

D. Employees, at their election, may have Union representation as an observer 

during the collection process, in discussion with the Medical Review Officer and 

in discussion with supervisors concerning the test results. Unavailability of a 

Union representative will not delay collection of the sample. 

SECTION 12 - DISCLOSURE OF INFORMATION TO THE DCMA COUNCIL

Upon request, the Agency agrees to provide the DCMA Council an annual report 

that documents statistical information regarding the DFWP. The report will 

include the total number of bargaining unit employees tested, the total number of 

bargaining unit employees who tested positive, total number and types of 

disciplinary actions taken. The Agency also agrees to provide the DCMA Council 

an annual list by office of all bargaining unit positions designated as TDP and the 

reason for such designation. Following receipt of such information, the DCMA 

Council may submit documentation to the Agency requesting a review of 

positions designated as TDP. The documentation will include the specific 

rationale for disputing the TDP designation. Either party may include discussion 

of issues regarding the Drug Free Workplace Program as it relates to bargaining 

unit personnel as an agenda item for quarterly labor management meetings. 

SECTION 13 - TRAINING

When the Agency provides training on DFWP, the Union may be invited. 

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ARTICLE 14 

SAFETY AND HEALTH 

SECTION 1 - POLICY

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

healthful working conditions for all employees. Safe and healthful working 

conditions will be determined in accordance with the definitions and standards 

contained in Section 19 of the Occupational Safety and Health Act (OSHA), in 

Executive Order 12196, DCMA Instruction “Safety and Occupational Health 

Program” and other implementing regulations and directives. 

SECTION 2 - SAFETY AND OCCUPATIONAL HEALTH PROGRAM (SOHP)

The DCMA Safety and Occupational Health Program shall establish and 

implement DCMA policy regarding safety and occupational health. The program 

is designed to provide DCMA personnel a safe and healthful workplace and work 

operations, whether working at DCMA facilities or at other locations. 

SECTION 3 - ACCESS TO INFORMATION, DATA AND REPORTS

A. The Agency will provide employees electronic access to the DCMA plan, 

references, forms and other related information. 

B. The Agency will allow the DCMA Council an opportunity to comment on the 

Agency proposed SOHP before it is finalized and implemented. Any comments 

submitted by the DCMA Council will be considered in developing the plan. A 

copy of the SOHP and the annual SOH report to the Department of Labor will be 

provided to the DCMA Council. 

SECTION 4 - UNION REPRESENTATION

It is the intent of the DCMA Council that Union representatives will be engaged in 

investigations of work related accidents, reports of unsafe or unhealthful working 

conditions, safety, and health inspections, or other safety and health related 

complaints as part of their representational duties. 

SECTION 5 - PERSONAL PROTECTIVE EQUIPMENT (PPE)

A. The Agency will furnish PPE to employees without cost or charge when it 

determines that such equipment is necessary for the work to be done safely. 

Employees may be allowed to retain such equipment, if it is no longer needed 

and it is not suitable for use by other employees.

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B. Employees will use the safety equipment, PPE and other devices and 

procedures provided or directed by the Agency. Employees will take reasonable 

care of safety and protective equipment. The Agency will provide storage space 

for protective clothing and equipment assigned to employees. 

C. Requests for PPE shall be considered as high priority action items by the 

Agency. 

D. Prior to the entry by employees into contractor facilities, they shall be given all 

information on PPE required at the particular facility. If an employee is unsure of 

the working conditions and/or PPE requirements at a specific location, the 

employee is encouraged to contact his/her supervisor. PPE shall be provided 

prior to their entry into these facilities, if same is not provided by the contractor. 

Qualified safety and health personnel shall perform these evaluations and 

recommend appropriate PPE. 

SECTION 6 - SAFETY INSPECTIONS

A. The Agency shall ensure that each workplace is inspected annually by 

qualified SOH personnel (29 CFR 1060.25(a)). The Agency SOH personnel may 

eliminate the annual inspection requirement in contactor installations where 

DCMA personnel are duty stationed and where previous inspections have shown 

no significant hazards. The need for an inspection shall be reviewed annually to 

ensure that DCMA personnel are not placed at risk due to deteriorating 

conditions at the contractor site. Collateral Duty Safety Monitors (CDSMs) may 

be used to perform inspections of low risk areas, e.g. administrative work areas. 

B. The DCMA Council Local President or designee will be notified when a 

federal health officer, Agency SOH personnel or a private contractor visits the 

facility for the purpose of a safety inspection of spaces used by bargaining unit 

employees. A representative designated by the DCMA Council Local will be 

invited to participate in these inspections. The Agency will provide the DCMA 

Council Local with a copy of the inspection report. 

SECTION 7 - FIRST AID 

At activities where local health services are not available, the Agency will furnish 

one industrial first-aid kit for every 50 employees and will ensure that at least two 

employees are qualified to administer first aid. The Agency will provide 

Automated Electronic Defibrillators (AED) at DCMA offices where deemed 

necessary and/or appropriate. 

SECTION 8 - HEALTH SERVICES AND MEDICAL EVALUATION

A. The Agency will provide the necessary occupational health medical 

surveillance for employees whose exposure in the performance of official duties 

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requires medical surveillance. At a minimum, this will include all bargaining unit 

employees who are covered by a Medical Surveillance Program (MSP). Such 

employees will be notified in writing of the reasons for inclusion in the MSP. 

Such employees will be provided appropriate baseline, periodic and exit medical 

surveillance evaluations as determined by the occupational health physician. 

B. The Agency maintains the right to require medical examinations in 

accordance with 5 CFR 339.301 at no cost to the employee, for employees 

covered by an MSP. However, employees maintain the right to submit additional 

medical documentation from sources of their choice at no cost to the Agency. 

C. The Agency will provide employees whose positions are not covered by an 

MSP with a diagnostic examination if they have been exposed to hazardous 

material or prolonged exposure to unhealthful working conditions and such 

examination is determined by competent medical authority to be necessary. In 

addition, employees have the option of seeking medical examinations from 

sources of their own choice at no cost to the Agency. Employees have the right 

to decline medical examinations that are not a condition of employment. If 

employees indicate exposure to workplace hazards on data collection forms 

(DCFs) that would not normally trigger medical surveillance, the employees will 

indicate their intention of declination at the time they complete or update their 

DCFs to facilitate budget planning. 

D. Employees will be provided with copies of the results of their medical 

monitoring tests within a reasonable time. 

SECTION 9 - UNSAFE WORK AREAS 

A. The DCMA Council will support the Agency efforts to acquaint every 

employee with his or her safety and health rights and responsibilities. Any 

bargaining unit member who is performing duties, which he or she believes 

endangers his or her health or safety, will promptly notify the nearest available 

supervisor. If the supervisor agrees with the employee and cannot solve the 

problem by providing immediate adequate protection, the supervisor shall 

remove the employee from the situation and refer the problem through 

appropriate channels for action. 

B. An employee has the right to decline to perform an assigned task because of 

a reasonable belief that under the circumstances the task poses imminent risk of 

death or serious bodily harm, coupled with a reasonable belief that there is 

insufficient time to seek effective redress through normal hazard reporting and 

abatement procedures (29 CFR 1960.46). 

C. The DCMA Council Local will be promptly notified of all work areas used by 

bargaining unit employees that are determined to be unsafe or unhealthful. 

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Copies of safety or health inspections of such spaces will be provided to DCMA 

Council Local. 

D. If an employee alleges that an unsafe work condition exists, the employee will 

inform the supervisor and may notify the DCMA Council Local and the 

organization‘s safety officer. 

E. The provisions of DCMA safety instructions, E.O. 12196, and 29 CFR § 1960 

in effect at the time will be followed so that employees who are involved in 

occupations with identified safety/health hazards are made aware of the hazards, 

informed of safe work practices, and educated in the use of appropriate PPE. 

F. Appropriate abatement procedures in accordance with DCMA safety 

instructions, E.O. 12196, and 29 CFR § 1960 in effect at the time will be followed 

to correct a work area which has been determined by a competent authority to be 

unsafe or unhealthful. 

G. Employees shall report accidents immediately as required by DCMA 

instruction. 

SECTION 10 - SAFETY AND HEALTH COMMITTEES

Where the Agency establishes a Safety and Health Committee to ensure 

compliance with OSHA requirements, the appropriate DCMA Council Local will 

have a representative on that committee. The Safety and Health Committee 

shall have access to appropriate Agency information relevant to their duties, 

including information on the hazardous nature of substances in the Agency 

workplace. 

SECTION 11 - FIRE SAFETY

The Agency will provide fire evacuation routes and post evacuation plans in all 

work areas and will ensure all work areas meet applicable fire codes. 

SECTION 12 - OFFICE WORK ENVIRONMENT

A. Should temperatures fall below 65 degrees Fahrenheit or exceed 85 degrees 

Fahrenheit in office spaces, the Agency will place employees in a more suitable 

environment until temperatures are within the specified range. If such 

accommodation cannot be made, employees may be released from the worksite 

without charge to leave. 

B. Management will consult with the appropriate facility management to correct 

adverse work environment conditions. 

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C. The employee has the right to request the Agency perform an evaluation of 

air quality. The Agency will respond to the employee’s request commensurate 

with the level of risk but no later than 6 months. 

SECTION 13 - TRAINING

A. The Agency will provide appropriate job-related safety and health training for 

employees, including specialized job safety training appropriate to the work 

performed by the employee. Employees who are assigned to positions that are 

covered by a MSP or who are required to certify hazardous material will be 

provided the necessary training (necessary training may include the identification 

and classification of hazardous materials, proper packing and shipping methods, 

emergency procedures, etc.). 

B. The Agency will train and certify volunteers in CPR, first aid and the use of 

AEDs. 

SECTION 14 - ERGONOMIC PROGRAM

A. The Agency will establish an ergonomic program in accordance with DODI 

6055.1, Enclosure 6. 

B. The Agency will ensure that office furniture and equipment will adjust to a 

sufficiently broad range of body types. Upon request of an employee, the 

Agency will consider specific physical characteristics in providing special chairs 

and furnishings. 

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ARTICLE 15 

WELLNESS 

SECTION 1 - POLICY

 

A. It is the goal of this Agency to provide employees with an environment which 

enhances the development of healthful lifestyles and high productivity by: 

 

1. encouraging and assisting employees to establish and maintain dietary 

habits contributing to good health, disease prevention and weight control; 

2. reducing job related stress and encouraging the development of 

positive methods of stress management; 

3. discouraging the abuse of alcohol and drugs and assisting employees 

with alcohol or drug-related problems in obtaining needed treatment and 

rehabilitation; 

4. assisting and supporting employees with controllable diseases in the 

management of their illness; and 

 

5. discouraging the use of tobacco products. 

 

B. The Agency and the DCMA Council recognize that employees are 

responsible for their own health and fitness. While the Agency encourages all 

employees to adopt healthy lifestyles and actively pursue fitness in coordination 

with their physician’s advice and guidance, participation in any Agencysponsored health promotion or activity must be purely voluntary. 

 

C. The Agency will publicize the availability of medical programs (such as flu 

shots, blood pressure screening, education programs relating to health such as 

smoking cessation and diet and nutrition) that may be offered to employees as 

part of a Wellness Program. Participation in such programs is voluntary, is 

subject to availability of Agency funds, and may be done on duty time if the 

program is offered during the employee’s duty hours. 

SECTION 2 - HEALTH PROMOTIONS

 

A. Smoking 

1. It is the policy of the executive branch to establish a smoke-free 

environment for Federal employees and members of the public visiting or using 

Federal facilities. The smoking of tobacco products is prohibited in all interior 

space owned, rented or leased by the executive branch of the Federal 

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Government, and in any outdoor areas under executive branch control in front of 

air intake ducts. 

2. When possible, an outdoor area which provides a measure of 

protection from the elements will be designated. The area will be reasonably 

accessible to employees. Outdoor smoking policies may be developed and 

negotiated locally and will be consistent with current regulations. 

3. Smoking reduction and cessation programs will be conducted in 

accordance with applicable law and regulations and subject to available funding. 

B. Nutrition 

Where feasible, dining facilities will provide caloric information and meals with 

reduced amounts of fat, salt and calories. Information shall be made available to 

employees on the importance of good nutrition to overall health, weight control 

and the prevention and management of disease. 

 

C. Stress Management 

The Agency shall provide the employees with access to information on 

scientifically supported stress management techniques when requested. 

 

D. Alcohol and Drug Abuse 

The Agency shall make alcohol and drug abuse counseling and referral services 

available to all employees through the Agency EAP in accordance with Agency 

and DOD policy and the DCMA Drug-Free Federal Workplace Plan. 

 

E. Serious Illnesses 

The Agency shall provide the employees with information regarding serious 

illnesses and medical conditions when requested. 

SECTION 3 - COMMERCIAL FITNESS MEMBERSHIPS

Funding supplements for commercial fitness memberships will be provided in 

accordance with the DCMA instruction governing fitness memberships. 

SECTION 4 - AUTHORIZED TIME FOR PHYSICAL FITNESS

A. The Agency and the Union agree that the fitness program goal is to promote 

the health and wellness of the workforce. Full time employees will be authorized 

two hours per week to voluntarily participate in physical fitness activities during 

their tour of duty. This does not include Agency sponsored activities. 

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B. Fitness activities must address cardiovascular/aerobic endurance, muscular 

strength, endurance, flexibility and/or body conditioning. Employees will be 

authorized a minimum of 30 minutes per day up to a maximum of 1 hour per day 

for exercise activities, not to exceed 2 hours per week. Employees who choose 

the beginning or the end of their tour of duty for an authorized exercise period 

must use the time for actual exercise or for transportation or cleanup time, 

provided that it immediately precedes or follows the actual exercise. Physical 

fitness periods can be taken in conjunction with the regularly scheduled lunch 

period. 

C. Unused periods cannot be banked and carried over to the next week. Two 

(2) hours per week includes time for changing clothes, showering and travel 

to/from the exercise location. On base facilities should be utilized, where 

available. 

D. The employee must initiate a written request to the first level supervisor, 

including the employee’s projected times, location and nature of the fitness 

activity. Specific times for participation will be dictated by mission requirements 

and approved in advance. Management may suspend participation privileges if 

mission requirements warrant. Management may revoke participation if abuse is 

identified. Additionally, the employee must provide a doctor’s certificate from 

his/her primary care provider/physician certifying which physical fitness activities 

are permitted and there exists no limiting physical conditions unless otherwise 

noted on the doctor's certificate. Individuals with performance and/or conduct 

issues may be ineligible to participate in the program. 

E. The employee will report physical fitness activities time using the appropriate 

labor and accounting system. Employees must maintain an informal diary of all 

activities, goals and progress. 

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ARTICLE 16 

EMPLOYEE DISABILITY COMPENSATION 

SECTION 1 - GENERAL

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

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

Federal Employees Compensation Act. The DCMA HR services provider will 

administer the OWCP program for the Agency. The Agency will publish 

information about the program and its benefits, points of contact at the DCMA HR 

services provider and telephone numbers for employees needing information 

concerning processing of OWCP claims. The Agency will provide a toll free 

number for CONUS employees to contact the DCMA HR services provider. 

SECTION 2 - RESPONSIBILITIES

A. Employees are responsible for reporting all job-related injuries and illnesses 

to the appropriate supervisor. If an employee requires medical treatment for the 

injury, the Agency should complete the front of Form CA-16, Authorization for 

Examination and /or Treatment. When there is no time to complete a Form CA16, the Agency may authorize medical treatment by telephone and send the 

completed form to the medical facility. Unless precluded by medical emergency, 

employees have the right to treatment by the health care provider of their choice. 

When an employee is injured on the job and is unable to transport himself/herself 

to a medical facility, the Agency will make transportation arrangements to and 

from the facility, unless the employee requests otherwise. Transportation from 

the medical facility will not be the responsibility of the Agency if the employee is 

admitted to the hospital. 

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

injury in the performance of duties, the supervisor and/or the HR services 

provider will counsel the employee in such matters as their right to file for 

compensation benefits, the appropriate compensation forms to be filed, the types 

of benefits available, the procedure for filing claims and the option to use 

compensation benefits in lieu of sick leave. 

C. The injured employee will be furnished a Form CA-1 (Federal Employees 

Notice of Traumatic Injury and Claim of Continuation of Pay/Compensation) 

normally within 48 hours after report of injury for completion. If the employee is 

unable to complete the Form CA-1, the Agency will promptly complete as much 

as the form as practicable and forward the form through the appropriate 

channels. An employee who incurs a traumatic injury may be entitled to 

continuation of pay (COP) of up to 45 calendar days for wages lost or treatment 

due to the injury. If the employee, supervisor or someone acting on the 

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employee’s behalf does not file a CA-1 within 30 days of the injury, entitlement to 

COP is lost, in which case, the employee may file for compensation for wages 

lost on a CA-7. COP must be supported by medical documentation. 

D. An employee may file a CA-2 for an occupational illness which resulted from 

a condition produced in the work environment over a period longer than one 

workday or shift. An occupational illness does not entitle an employee to COP. 

E. The Agency will not prevent an employee from filing a claim and will process 

the claim that has been submitted. However, it is understood the Agency will 

document its knowledge of the circumstances surrounding the injury, which may 

be different from the information provided by the employee. If the Agency 

controverts the OWCP claim, the employee will be provided a copy of all 

information pertaining to the claim which is retained by the Agency. 

F. The HR services provider will assist the employee in contacting appropriate 

OWCP authorities in an effort to expedite payment of claims. Assistance will also 

be given to the employee in pursuit of resolution of claims. 

G. If an employee is re-injured or aggravates a compensable injury during the 

period ending not later than 90 days after the employee returns to duty and the 

Agency authorizes a medical examination in connection therewith, the absence 

for such examination shall not be charged to personal leave. 

H. Employees receiving COP may be ordered to report for medical examination 

for the purpose of enabling the Agency to determine medical limitations, which 

may affect placement decisions. 

I. A link will be included on the Agency website which provides pertinent OWCP 

information on the current DCMA claim procedures and frequently raised 

questions and answers forwarded by the Department of Labor regarding the 

benefits of the Federal Employees Compensation Act. 

J. Employees filing worker’s compensation claims are expected to keep their 

supervisor informed of his/her status. 

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ARTICLE 17 

PREVENTION OF WORKPLACE VIOLENCE 

SECTION 1 - POLICY

A. It is the Agency’s policy to promote a safe working environment for its 

employees. The Agency and the Union are committed to working with 

employees to maintain a work environment free from violence, threats of 

violence, harassment, intimidation and other disruptive behavior. 

B. Violence, threats, harassment, intimidation and other disruptive behavior in 

the workplace will not be tolerated. Such behavior could include oral or written 

statements, gestures or expressions that communicate a direct threat of physical 

harm. Reports of incidents will be dealt with appropriately. Individuals who 

commit such acts may be removed from the premises, subjected to disciplinary 

action and/or subjected to criminal penalties. 

SECTION 2 - PREVENTION

The Agency may employ various methods of alternate dispute resolution, 

including but not limited to an ombuds program, Employee Assistance Program, 

mediation, interest-based problem solving and facilitation as strategies to prevent 

workplace violence. 

SECTION 3 - INDICATORS OF POTENTIAL VIOLENCE 

Indicators of potential violence include but are not limited to: 

 1. direct or veiled threats; 

 2. intimidating, belligerent, harassing, bullying or other inappropriate and 

aggressive behavior; 

 3. confrontation with supervisors or other employees; 

 4. bringing a weapon to the workplace; 

 5. statements indicating desperation to the point of contemplating suicide 

or other violent behavior; 

 6. drug/alcohol abuse; or 

 7. extreme change in behavior. 

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SECTION 4 - RESPONSE PROCEDURE 

A. If any of the indicators listed above or other indicators of potential violence 

are reported to a supervisor, the supervisor will immediately evaluate the 

situation for appropriate action. 

B. If the supervisor determines there is potential for immediate violence, the 

supervisor will contact the appropriate security and/or law enforcement 

personnel. If the supervisor determines there is no immediate threat, the 

supervisor may employ any of the preventive strategies identified in Section 2. 

 

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ARTICLE 18 

EMPLOYEE DEBT

 

SECTION 1 - GENERAL

A. Information on employee debt can be found in 5 CFR Parts 582, 835 and 

1210. 

B. The Agency and DCMA Council agree that employees are responsible for 

their debts and repayment of such. 

C. The Agency agrees that no Agency personnel shall be assigned to perform 

the work for a collection agency for debts allegedly due by an employee to a 

private individual or firm. 

D. Employees that are experiencing financial difficulties are encouraged to 

contact EAP for assistance. 

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ARTICLE 19 

EQUAL EMPLOYMENT OPPORTUNITY (EEO) 

SECTION 1 - POLICY

The Agency and the Union agree that discrimination in employment because of 

race, color, religion, sex, national origin, age, disability, or sexual orientation as 

these terms are defined by appropriate law, regulation or Executive Order is 

prohibited. Sexual harassment is also a form of discrimination and the Agency 

and Union agree that all personnel will work toward its prevention. 

SECTION 2 - THE EQUAL EMPLOYMENT OPPORTUNITY PROGRAM 

The DCMA Equal Employment Opportunity/Affirmative Employment Program 

(EEO/AEP) shall be designed to promote equal employment opportunity in 

accordance with applicable law and government-wide regulation. 

SECTION 3 - INFORMATION DATA AND REPORTS

A. The Agency will provide employees electronic access to regulations in the 

Agency’s possession which describe the discrimination complaint process. 

B. The Agency will provide employees electronic access to the DCMA AEP. 

C. The Agency will allow the Union an opportunity to comment on the Agency’s 

proposed AEP before the Plan is submitted to EEOC. Any comments submitted 

by the Union will be considered in developing the Plan. A copy of the approved 

AEP and any Reports of Accomplishments submitted to EEOC will be provided to 

the Union. 

SECTION 4 - COMPLAINTS 

A. Any employee who seeks advice, wishes to file or has filed an EEO complaint 

shall be free from coercion, interference or reprisal due to the complaint. 

B. Complaints must be initiated within 45 days of the date of the incident. 

Employees seeking assistance will be advised concerning the procedures 

involved in processing an EEO complaint. 

C. An employee is entitled to designate a representative of her or his choice. If 

a Union representative is designated as the employee’s representative, the 

Union representative is not acting in their Union capacity, but rather in their 

individual capacity. 

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D. Pursuant to the Statute, an aggrieved employee who alleges discrimination 

may at his or her option raise the matter under a statutory procedure (EEO 

complaint) or the negotiated grievance procedure, but not both. The employee 

shall be deemed to have exercised his or her option, when, on or after the 

effective date of the appealable action, the employee timely files a formal written 

EEO complaint or initiates a notice of MSPB appeal under the statutory 

procedures or files a written grievance in accordance with the negotiated 

grievance procedure, whichever event occurs first. 

E. Selection of the negotiated grievance procedure in no manner prejudices the 

right of the aggrieved employee to request, as appropriate, the MSPB or EEOC 

to review the final decision in the case of any personnel action that could have 

been appealed to the MSPB or the EEOC. For the purpose of seeking review by 

the MSPB or EEOC, the decision of the organization head in the negotiated 

grievance procedure will be considered the final decision in the absence of the 

timely invocation of arbitration. Nothing in this agreement shall constitute a 

waiver of any further appeal or review rights permissible under the Statute. 

F. Employees who allege discrimination or who participate in the investigation 

and/or presentation of such complaints will be free from restraints, interference, 

coercion, discrimination or reprisal. 

G. Any bargaining unit employee who is a complainant or witness and is 

involved in the complaint process shall be in a duty status and entitled to a 

reasonable amount of time to fulfill her or his responsibilities, as well as travel 

and per diem. A bargaining unit employee who is acting as the complainant’s 

representative shall be in a duty status and entitled to a reasonable amount of 

time to fulfill his or her responsibilities but is not entitled to travel and per diem. 

H. The Agency shall maintain adequate staffing to process requests for 

assistance and EEO complaints. 

SECTION 5 - EEO COUNSELORS

A. Individuals providing EEO counseling services will be properly trained in 

accordance with appropriate regulations. Counseling will be made available to 

employees during their duty time if otherwise in a duty status. The EEO 

Counselor will provide information on her/his role as the Counselor and the EEO 

Counseling process. 

B. The Agency will post information in conspicuous places on how to obtain EEO 

counseling along with appropriate telephone numbers. This information shall be 

kept current. 

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SECTION 6 - MEDIATION OF AN INFORMAL OR FORMAL COMPLAINT

The Union will be given the opportunity to review any settlement agreement 

reached as a result of a mediation of an EEO complaint filed by a bargaining unit 

employee at either the informal or formal stage, prior to implementation. The 

purpose of this review will be to determine the impact on the bargaining unit. 

SECTION 7 - SOFTWARE

Future software applications developed or purchased by the Agency shall be 

consistent with the requirements of Section 508 of the Rehabilitation Act of 1973, 

as amended, and its implementing regulations. 

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ARTICLE 20 

ABSENCE AND LEAVE 

SECTION 1 - GENERAL POLICIES

A. Employees will be entitled to accrue and use leave in accordance with law, 

Government-wide rule and regulation and the provisions of this article. Any 

reference to leave approving official in this article includes both the leave 

approving official and his/her designee. 

B. Employees are expected to apply in advance for approval of all anticipated 

leave. Leave requests and approval or denial will be made in writing or 

electronically. The leave approving official agrees to respond to all leave 

requests in a timely manner. 

C. When an employee has not received advance approval for leave and does 

not report to work, the employee must, by the latest allowable arrival time 

depending on the employee’s official duty station and work schedule, speak 

directly to his/her leave approving official or leave a phone message with the 

leave approving official. The leave approving official or designee will contact the 

employee and approve or deny the leave requested. Where individual 

circumstances are determined warranted by the manager, the leave approving 

official may ask the employee to speak to them directly or to leave a message 

which includes where the employee can be reached. 

D. Leave may be taken in the smallest increment permitted by the timekeeping 

system. 

SECTION 2 - ANNUAL LEAVE

A. Annual leave is provided and used to allow employees an annual vacation or 

extended leave for rest and recreation and to provide periods of time off for 

personal and emergency purposes. The use of accrued annual leave is the right 

of the employee, subject to the right of the Agency to approve the time at which 

leave may be taken. Employees must apply in advance for approval of all 

anticipated leave to permit the orderly scheduling of leave and to avoid leave 

forfeiture. The Agency shall make reasonable attempts to approve leave 

requests such that employees may have an annual vacation period of at least 2 

consecutive weeks. Reasonable efforts will be made to accommodate 

employees who desire leave for special occasions such as religious and other 

holidays, birthdays and attendance at funerals. Employees are not required to 

give reasons for requesting annual leave. All annual leave requests, submitted in 

advance, will be approved/ disapproved within a reasonable time after 

submission (normally within 24 hours). 

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B. The Agency may cancel approved leave to meet situations of immediate or 

pressing operational need or work requirements. Leave must not be canceled for 

arbitrary or capricious reasons. Cancellation of leave is not disciplinary in 

character and must not be used as a punitive measure. When previously 

approved leave must be rescheduled, the employee will be advised of the reason 

for the change as soon as practicable after the need for the change has been 

determined. Reasonable efforts shall be made to accommodate the employee’s 

request to reschedule his/her leave. 

C. When “use or lose” leave is requested in writing before the start of the third 

biweekly pay period prior to the end of the leave year and cannot be approved or 

used prior to the end of the leave year, the excess annual leave will be restored 

in accordance with law or Government wide rule and regulation and carried over 

into the next leave year. 

D. The leave approving official should request an advance schedule for leave for 

periods of high annual leave usage. Leave approval/denial should be provided 

by the leave approving official or designee within 14 calendar days after the 

suspense date. Initial attempts to resolve scheduling conflicts will occur between 

the employees. If scheduling conflicts remain, the leave approving official will 

make the final decision. 

E. In the case of voluntary or involuntary reassignment from one supervisor to 

another, every reasonable attempt will be made to honor previously approved 

leave to the extent that it does not adversely affect the choice of another 

employee or hamper the mission of the organization. 

SECTION 3 - UNSCHEDULED ANNUAL LEAVE

 A. Leave may be granted when it is not requested in advance unless an 

immediate or pressing operational need or work requirement would preclude the 

granting of leave for the time requested. 

B. The employee must contact their supervisor or designee, as soon as possible 

to request annual leave. Unscheduled annual leave will be approved on a 

case-by-case basis. The Agency will identify those individuals with the authority 

to approve/disapprove requests for unscheduled leave. This request will be 

made to the leave approving official via direct conversation, in writing, e-mail or 

phone message. In event of an emergency, approval may be given after the fact. 

C. To the extent practicable, the supervisor will provide written disapproval with 

justification to the employee, upon request of the employee. 

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SECTION 4 - ADVANCED ANNUAL LEAVE

Employees are not automatically entitled to advanced annual leave. The 

maximum amount of advanced annual leave which may be granted is the 

number of hours which will be accrued by the employee before the end of the 

leave year, or for those employees serving under temporary appointments, that 

amount they will earn by the scheduled expiration date of their appointments. 

SECTION 5 - LEAVE FOR RELIGIOUS OBSERVANCES

Employees may utilize annual leave, credit hours, comp time or religious comp 

time when their personal religious beliefs require the abstention from work during 

certain periods of the work day or work week. 

SECTION 6 - SICK LEAVE

A. The use of sick leave is an employee benefit. In accordance with applicable 

regulation, the Agency will grant sick leave to an employee when the employee 

meets one of the following conditions: 

 1. the employee receives medical, dental or optical treatment; 

 2. the employee is incapacitated for the performance of duties by physical 

or mental illness, injury, pregnancy or childbirth; 

 3. the employee provides care for a family member who is incapacitated 

as a result of physical or mental illness, injury, pregnancy, childbirth, or who 

receives medical, dental or optical examination or treatment; 

 4. the employee makes arrangements necessitated by the death of a 

family member or attends the funeral of a family member; 

 5. the employee would, as determined by the health authorities having 

jurisdiction or by a health care provider/practitioner, jeopardize the health of 

others by his or her presence on the job because of exposure to a communicable 

disease; or 

 6. the employee must be absent from duty for purposes relating to the 

adoption of a child, including appointments with adoption agencies, social 

workers, and attorneys, court proceedings, required travel, and any other 

activities necessary to allow the adoption to proceed. 

B. Medical/Practitioner Certificates 

1. A certificate in support of an application for sick leave of five 

consecutive workdays or less will not be required unless the supervisor has 

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reason to believe the employee has abused sick leave. Supervisors may 

consider employee self certification as acceptable evidence for absences of any 

length. 

2. An approval from an attending physician/practitioner may be required 

prior to the employee’s return to duty after an absence to ensure they are able to 

resume work without endangering themselves or other employees. 

C. When requested, an employee will provide written medical certification to the 

Agency, along with the request for leave in a timely manner, but not later than 15 

days of the request. If the employee fails to provide the required medical 

documentation within the 15 day time period, the employee’s sick leave request 

may be denied. Extensions of the 15 day time period may be granted where the 

manager determines the particular situation warrants an extension. Medical 

certification for sick leave will include all of the requirements contained in 

regulation or other relevant requirements as determined necessary by the 

Agency. 

D. An employee who expects to be absent more than one day will inform the 

leave approving official of the expected date of return to duty. In such cases, 

daily contacts with the leave approving official may not be required. In case of an 

extended illness (including use of sick leave for family care and bereavement 

purposes and family and medical leave under the FMLA), the employee will 

inform the leave approving official as soon as he/she becomes aware of an 

expected return to duty date. 

E. Employees, upon request, and with the approval of the leave approving 

official, may change previously-authorized annual leave, credit hours or leave 

without pay to sick leave if the requirements for usage of sick leave are met. 

Additionally, an employee may use annual leave, credit hours or comp time in 

lieu of sick leave. 

F. Advanced Sick Leave 

 1. Advanced sick leave may be granted in cases of serious disability or 

illness. Such requests must be supported by medical certification. Employees 

should also consider the Leave Transfer and Donation Program for additional 

leave. Employees are not automatically entitled to advanced annual/sick leave. 

Denials of requests for advanced sick leave should be conveyed to the employee 

promptly and contain a specific explanation for the reasons of the denial. 

 2. When there is reasonable expectation that an employee will return to 

duty in cases of serious illness or disability, an employee may be advanced sick 

leave up to the maximum of 240 hours provided that: 

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a. the employee submits a written request to the supervisor prior to 

 the desired effective date of the advanced leave unless precluded or 

 prevented from doing so by the disability or illness and it is supported by a 

 physician’s/practitioner’s statement; 

b. there is reasonable assurance that the employee will return to 

 duty for a sufficient period of time to earn the sick leave that is advanced; 

 and 

c. all earned sick leave is used before the date the advanced leave 

 is to begin. 

 3. The Agency may grant an employee’s request for advanced sick leave 

of 24 hours or more for other than a major illness or long-term incapacitation, 

when there is a reasonable expectation that the employee will return to duty and 

sick leave abuse is not evident. 

G. Job-Related Medical Examinations 

Employees obtaining job related medical examination or treatment at the 

appropriate health unit will be in a duty status. 

H. Leave and Earnings Statement 

The Agency and the DCMA Council recognize the privacy of the information, 

including sick leave, contained on individual leave and earnings statements. 

They agree that these statements will be handled in a practical but discreet 

manner. 

I. Request for Leave 

1. Sick leave for illness, injury or other circumstances which cannot be 

anticipated in advance will be requested as soon as possible. This request can 

be made via direct conversation, in writing, e-mail or phone message. In event of 

a medical emergency, approval may be given after the fact. 

2. The supervisor will provide written disapproval with justification to the 

employee, upon the employee’s request. 

SECTION 7 - COURT LEAVE (CL)

A. In accordance with federal law, an employee with a regular scheduled tour of 

duty is entitled to CL. The employee should present a court order, subpoena or 

summons to his/her leave approving official when they request CL for appearing 

as a witness or a juror. CL will be approved if the employee is summoned: 

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 1. for jury duty; or 

 2. to court to serve in an unofficial capacity as a witness for any party 

when the Federal, District of Columbia, state or local government is a party. 

B. Upon return to duty, the employee must submit written proof of attendance 

from the court to the leave approving official. 

C. Compensation will not be received for serving on jury duty in a Federal court. 

However, employees may keep expense money received for mileage, parking or 

required overnight stay. Monies received for performing jury duty in state or local 

courts are indicated on the pay voucher or check as either “fees for services 

rendered” or “expense money”. “Expense money” may be retained by the 

employee. “Fees for services rendered” must be submitted to the Agency’s 

finance office. 

D. CL is not granted to an employee who appears in court on matters of a 

personal nature. 

E. An employee serving in an official capacity as a Government witness will be 

compensated by the Agency through overtime pay or compensatory time for time 

spent in excess of the employee’s normal work schedule. 

SECTION 8 - FAMILY AND MEDICAL LEAVE ACT

A. In accordance with applicable regulations, an employee who has completed 

at least 12 months of Federal service is entitled to a total of 12 weeks of leave 

without pay (LWOP) during any 12 month period under the Family Medical and 

Leave Act (FMLA) for one or more of the following reasons: 

 1. the birth of a son or daughter of the employee and the care of such son 

or daughter; 

 2. the placement of a son or daughter with the employee for adoption or 

foster care; 

 3. the care of a family member of the employee with a serious health 

condition. Family member is defined as: 

 a. spouse; 

 b. children, including adopted children; or 

 c. parents or those who stand, or stood, in loco parentis to an 

employee, but not parents-in-law; or 

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 4. a serious health condition of the employee that makes the employee 

unable to perform the essential functions of his or her position. 

B. In accordance with applicable regulations, a “serious health condition” is 

defined as an illness, injury, impairment or physical or mental condition which 

includes, but is not limited to, the following: 

 1. any period of incapacity or treatment in connection with, or consequent 

to, inpatient care (i.e. an overnight stay) in a hospital, hospice or residential 

medical care facility; or 

 2. continuing treatment by a health care provider that includes (but is not 

limited to) examination to determine if there is a serious health condition and 

evaluations of such conditions if the examinations or evaluations determine that a 

serious health condition exists. 

C. Substitution of Paid Leave 

 1. The employee may elect to substitute paid leave in accordance with 

applicable regulation for any part of the applicable period. An employee may not 

retroactively substitute paid leave for unpaid family and medical leave. An 

employee may continue to use earned compensatory time and credit hours, 

subject to supervisory approval, in addition to his/her entitlement to leave under 

the FMLA. 

 2. An employee may request leave on an intermittent basis or under a 

reduced leave schedule. The employee must consult with the leave approving 

official and make a reasonable effort to schedule intermittent LWOP and/or paid 

leave so as not to disrupt the operations of the Agency. 

D. Notice of Leave 

 1. Requests for the use of family and medical and unpaid leave under the 

FMLA will be made in writing on an authorized form. The employee must 

indicate on that they are invoking their entitlement to family and medical leave 

for: birth/adoption/foster care, serious health condition of a spouse, son, 

daughter or parent, or the serious health condition of oneself as appropriate. 

 

 2. When the need for unpaid family and medical leave is foreseeable, the 

employee will provide such notice as is practicable. If the need is foreseeable 

and the employee fails to give 30 days notice with no reasonable excuse for the 

delay of notification, the Agency may delay the taking of family and medical 

unpaid leave until at least 30 days after the date the employee provides notice of 

his or her need for family and medical leave. 

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E. Medical Certification 

 1. The written medical certification under FMLA for the employee’s illness 

shall include: 

 a. the date the serious health condition commenced; 

b. the probable duration of the serious health condition or specify 

 that the serious health condition is a chronic or continuing condition with 

 an unknown duration and whether the patient is presently incapacitated 

 and the likely duration and frequency of episodes of incapacity; 

c. the appropriate medical facts within the knowledge of the health 

 care provider regarding the serious health condition including a general 

 statement as to the incapacitation, examination or treatment that may be 

 required by a health care provider; and 

d. a statement that the employee is unable to perform one or more 

 of the essential functions of the position or requires medical treatment for a 

serious health condition based on written information provided by the 

 Agency on the essential functions of the employee’s position, or if not 

 provided, discussion with the employee about the essential functions of 

 the position. 

 2. In the case of medical certification under the FMLA for a family member 

of the employee, in addition to a. through d. in 1 above, it shall include: 

 a. a statement from the health care provider that the spouse, son, 

 daughter or parent of the employee requires psychological comfort and/or 

 physical care, needs assistance for basic medical, hygienic, nutritional, 

 safety or transportation needs or in making arrangements to meet such 

 needs and would benefit from the employee’s care of presence; and 

 b. a statement from the employee on the care he or she will 

 provide and an estimate of the amount of time needed to care for his or 

 her spouse, son, daughter or parent. 

 

3. In the case of medical certification for intermittent leave or leave on a 

reduced schedule for either the employee’s own illness or a family member’s 

illness, it shall also include the dates (actual or estimates) on which such planned 

medical treatment is expected to be given, the duration of the treatment and the 

period of recovery if any, or specify that the serious health condition is a chronic 

or continuing condition with an unknown duration, whether the patient is 

presently incapacitated and the likely duration and frequency of episodes of 

incapacity. 

 

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 4. If the Agency doubts the validity of the original certification, the Agency 

may require at the Agency’s expense that the employee obtain the opinion of a 

second health care provider designated by the Agency concerning the 

information certified. 

 5. The definition of “health care provider” will be consistent with the 

provisions of applicable law. 

 6. To remain entitled to family and medical leave, an employee or the 

employee’s spouse, son, daughter or parent must comply with any requirement 

from the Agency that he or she submit to examination (not treatment) to obtain a 

second medical certification from a health care provider other than the 

individual’s health care provider. 

 7. An employee must provide the written medical certification signed by a 

health care provider no later than 15 calendar days after the date the Agency 

request such medical certification. If it is not practicable under the particular 

circumstances to provide the requested medical certification no later than 15 

calendar days after the date requested by the Agency, despite the employee’s 

diligent good faith efforts, the employee must provide the medical certification 

within a reasonable period of time under the circumstances involved, but not later 

than 30 calendar days after the date the Agency requests such medical 

certification. 

8. If the employee fails to provide the requested medical certification, the 

Agency may: 

 

 a. charge the employee as AWOL or 

 b. allow the employee to request that the provisional leave be 

 charged as LWOP or charged to the employee’s annual and/or sick leave 

account, as appropriate. 

F. Medical Recertification 

While an employee is on family and medical leave, the Agency may require 

subsequent medical recertification from the health care provider if the 

circumstances described in the original medical certification are subject to 

change significantly, if the Agency receives bona fide information that casts 

doubt upon the continuing validity of the medical certification or for any reason 

that the Agency determines to be necessary. Such requests for medical 

recertification will not occur more frequently than every six weeks except as 

determined necessary by the Agency. 

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G. Protection of Employment and Benefits 

Upon return from family and medical leave, the employee will be returned to the 

same position as he/she occupied before the leave or to an equivalent position 

with equivalent benefits, pay status and to the extent possible, other terms and 

conditions of employment. 

H. When an employee requests leave under FMLA, the Agency will provide 

guidance concerning the employees rights and obligations under FLMA. 

I. An employee who meets the criteria for leave and has complied with the 

requirements under this section will be granted leave, consistent with all 

applicable rules governing FMLA.

SECTION 9 - FAMILY FRIENDLY LEAVE POLICIES

A. The Agency agrees to follow a liberal leave policy in granting requests for 

leave in connection with family care needs. To provide care for a family member, 

the employee will be allowed the maximum amount of time under law and 

government-wide rule and/or regulation if leave is available. 

B. In accordance with applicable regulations, a full time employee may use up to 

40 hours of his/her accrued sick leave in a leave year for general family care 

purposes, including making arrangements for or attending the funeral of the 

following family members: 

 1. spouse and parents thereof; 

 2. children, including adopted children, and spouses thereof; 

 3. parents, brothers and sisters, and spouses thereof; or 

4. any individual related by blood or affinity whose close association with 

the employee is the equivalent of a family relationship. 

C. In addition to the 40 hour basic entitlement, full-time employees who have a 

sick leave balance of 80 hours (after the use of the 40 hours) may use an 

additional 64 hours of sick leave for general family care purposes, bringing the 

maximum yearly allowance to 104 hours, or in the case of a part time employee, 

the number of sick leave hours accrued during a leave year. Part time 

employees may use sick leave according to the average number of hours worked 

per week. For example, an employee who works 20 hours per week would be 

allowed to use 20 sick leave hours per year (basic entitlement) and an additional 

32 hours of sick leave provided that he/she has a sick leave balance equal to 

twice the average number of hours in the weekly tour of duty (40 hours). 

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D. An employee who is caring for a family member with a serious health 

condition may use a total of up to 12 weeks (480 hours) of sick leave during a 

leave year provided the employee maintains a sick leave balance of at least 80 

hours. 

 1. For part-time employees, the amount of sick leave available to care for 

a family member with a serious health condition is equal to 12 times the average 

number of hours in the employee’s regularly-scheduled tour of duty. For 

example, an employee who works 20 hours a week would be allowed to use up 

to 240 hours of sick leave per year for a seriously ill family member provided the 

employee maintains a minimum sick leave balance at all times of 40 hours (twice 

the number of hours in the weekly part-time tour of duty). 

 2. If, at the time an employee uses sick leave for a family member’s 

serious health condition, the employee has used any portion of the 104 hours of 

sick leave allowable for general family care purposes during that leave year, that 

amount must be subtracted from the maximum number of allowable sick leave 

hours (480). This will determine the total number of sick leave hours that may be 

used during the remainder of the leave year for a family member with a serious 

health condition. 

 3. An employee may not use more than 12 weeks (480) hours of sick 

leave each leave year for all family care purposes. Consequently, if an employee 

previously used 12 weeks of sick leave to care for a family member with a 

serious health condition, he/she cannot use any additional sick leave under the 

general family care provisions as noted above. 

E. For a family member’s serious health condition, an employee will provide 

written medical certification to the Agency along with a leave request within 15 

days of the Agency’s request for such documentation. If the employee fails to 

provide the required documentation within the specified time period, the 

employee will not be entitled to sick leave. Medical certification for this leave will 

include all of the requirements contained in applicable regulations as determined 

necessary by the Agency. The Agency may require an employee to provide an 

additional written statement certifying that the family member requires 

psychological comfort and/or physical care, the family member would benefit 

from the employee’s care or presence and the employee is needed to care for 

the family member for a specified period of time. 

SECTION 10 - ADMINISTRATIVE LEAVE 

A. General 

For the purpose of this Article, administrative leave is defined as an excused 

absence from duty without loss of pay and without charge to leave. 

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B. Registration and Voting 

With the exception of those instances when the polls are open for 2 hours before 

or after the employee's scheduled tour of duty, an employee who desires to vote 

shall be authorized administrative leave for that purpose. 

C. Inclement Weather or Emergency Conditions 

 

1. When it becomes necessary to close any duty station because of 

inclement weather or any other emergency condition as determined by the local 

Commander/Director or their designee, the following procedures apply: 

a. Notification procedures shall be negotiated and established to 

 address each local situation. 

b. When a facility is officially closed for an entire day, 

 nonemergency employees, including those on preapproved leave will be 

 granted excused absence for the number of hours they were scheduled to 

 work. This does not apply to employees on leave without pay, worker’s 

 compensation, suspension or in another nonpay status. Employees on 

 alternative work schedules (AWS) are not entitled to another AWS day off 

 in lieu of the workday on which the Agency is closed. 

 

2. When it becomes necessary to close any duty station because of 

inclement weather or any other emergency condition developing during working 

hours, whether an employee should or should not be charged leave for an 

absence depends upon the employee’s duty or leave status at the time of 

dismissal: 

a. If the employee was in a duty status and was excused, there is 

 no charge to leave for the remaining hours of the work shift following 

 excusal. 

b. If the employee was in a duty status and departed on leave after 

 official word was received but before the time set for dismissal, leave is 

 charged only for the time the employee departed until the time set for 

 dismissal. 

c. If the employee was scheduled to report for duty after a leave 

 period and dismissal is given before the employee can report, leave is 

 charged until the time set for dismissal. 

3. When a duty station or an assigned site away from the duty station is 

open, but inclement weather or other emergency conditions affecting travel to the 

duty station or an assigned site away from the duty station prevents an employee 

from getting to work on time or not at all, the employee may be granted 

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administrative leave on a case-by-case basis, provided that the employee 

presents a reasonably acceptable explanation and/or documentation related to 

the inclement weather or other emergency conditions to the supervisor. 

4. In those individual instances where an employee needs to advise 

management of inclement weather conditions existing in their area, employees 

will contact their offices utilizing local procedures. The Commander/Director or 

designee will make the decision as to whether the employee is providing a 

reasonably acceptable explanation for the purpose of granting administrative 

leave. 

5. If an employee is an Emergency Responder (definition of Emergency 

Responder will be negotiated locally), in cases of local or national emergency, 

the employee will be granted administrative leave in accordance with law, 

regulation and/or Executive Order. 

6. The Commander/Director or designee may excuse, on an individual 

basis, employee tardiness of less than two (2) hours when emergency conditions 

exist. 

D. Veterans Participating in Military Funeral Ceremonies 

Employees who are veterans may be granted administrative leave to enable 

them to participate as active pallbearers or as members of an honor guard in 

funeral ceremonies for members of the Armed Forces, subject to applicable law 

and regulation. 

E. Blood Donation 

DCMA employees are encouraged to serve as blood and or blood platelet 

donors. When approved by management, employees should be excused from 

work for up to 4 hours without charge to leave for the time necessary to donate 

blood and platelets, for recuperation following such donations, and for necessary 

travel to and from the donation site. When unusual circumstances exist, 

additional time may be authorized on a case-by-case basis. 

F. Leave for Bone Marrow or Organ Donation 

1. Employees shall be entitled to take up to seven (7) days of paid leave 

in a calendar year (in addition to sick or annual leave) to serve as a bone marrow 

donor. 

 2. Employees shall be entitled to take up to 30 days of paid leave in a 

calendar year (in addition to sick or annual leave) to serve as an organ donor. 

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G. Labor Disputes in Contractor’s Facility 

When employees are prevented from working because of temporary shutdowns 

or safety issues due to labor disputes at a contractor’s facility to which they are 

assigned, every effort will be made to assign them to other work. If that is not 

possible, such employees may be dismissed without charge to leave for a 

maximum of 5 days or until management determines alternate work 

arrangements. 

H. Absences for Emergency Conditions or Other Management Reasons 

1. When bargaining unit employees are prevented from working at the 

location to which they are assigned due to emergency conditions or alerts and 

they do not choose to take leave, every effort will be made to assign them to 

another work site within a reasonable commuting distance to include telework if 

appropriate. If this is not possible, employees will be excused without charge to 

leave or loss of pay. 

2. When bargaining unit employees are prevented from working at the 

location to which they are assigned due to scheduled or unscheduled plant 

closure or other reasons, and they do not choose to take leave, every effort will 

be made to assign them to other work within a reasonable commuting distance, 

to include Telework if appropriate. If this is not possible, employees will be 

excused without charge to leave or loss of pay. 

3. Management will ensure the maximum use of alternate work sites. 

 

4. The DCMA Council Local shall be notified as far in advance as 

possible that a no work situation will exist. 

SECTION 11 - LEAVE OF ABSENCE WITHOUT PAY TO SERVE AS A 

NATIONAL OFFICIAL 

LWOP will be granted to a bargaining unit employee who is elected to a position 

of National Officer of the American Federation of Government Employees, AFLCIO for the purpose of serving full-time in the elected position or who is selected 

as an AFGE National Union Representative. The Agency shall be given not less 

than 30 days advance notice. Any LWOP granted or approved in accordance 

with this article is subject to appropriate Government-wide regulations. To the 

extent of its authority, the Agency shall place the employee in the position the 

employee left, or one of like, status, grade, location and pay upon their return to 

duty. 

SECTION 12 - HOLIDAY LEAVE

See Article 37, Hours of Duty, Section 7 - Holidays. 

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ARTICLE 21 

POSITION CLASSIFICATION 

SECTION 1 - BASIC POLICY

A. The Agency and the DCMA Council endorse the principle of equal pay for 

substantially equal work. 

B. The Agency supports the policy of properly classifying positions consistent 

with the assigned duties. Supervisors will review all position descriptions 

annually with their employees in conjunction with the annual performance 

appraisal to assure that positions accurately reflect the assigned duties. 

SECTION 2 - POSITION DESCRIPTIONS

A. The Agency will maintain an accurate position description for each position 

that will reflect the significant duties to be performed. Position descriptions 

containing "and other duties as assigned" or similar phrases will not be used as a 

basis for assigning duties to an employee on a recurring basis which are 

unrelated to their principal duties. 

B. Employees will be furnished a current copy of his/her position description 

normally within 30 days of assignment. When major changes are made to an 

employee’s position description, they will be fully explained to the employee in 

advance of the employee undertaking the new duties. When major changes are 

anticipated in a position description, the affected employee(s) will have input to 

those changes. New or revised position descriptions will be provided to the 

employee normally within thirty (30) days. 

C. Duties of a physical nature which exceed the normal physical demands of the 

job will be brought to the attention of the supervisor by the employee. The 

supervisor will ensure that the safety and health of the employee are protected. 

SECTION 3 - POSITION DESCRIPTION ACCURACY

When differences concerning the accuracy of the contents of a position 

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

employee/DCMA Council Local representative may file a grievance under the 

negotiated grievance procedure. Such grievances will not include issues 

concerning the appropriate classification of the title, grade and/or series of the 

position. The matter concerning content accuracy must be resolved before an 

employee may file a position classification appeal. 

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SECTION 4 - CLASSIFICATION ACCURACY

A. An employee who feels his/her position description is improperly classified will 

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

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

arrange for a teleconference with the appropriate position classifier, the 

supervisor and the employee. The Union shall be afforded an opportunity to 

participate if requested by the employee. Should this teleconference fail to 

resolve the employee’s classification issues, a face-to-face meeting with all 

parties involved may be held. This will be jointly determined by the parties. 

Should the issue remain unresolved to the employee’s satisfaction, the employee 

may file a position classification appeal. Upon written request by the employee 

or Union in connection with the appeal, the Agency will provide the requestor with 

an analysis which shall cite the standards used to classify the position being 

appealed. Position classification standards are available on the OPM website. 

B. Upon request, the employee and the Union will be provided copies of 

documentation and/or status information regarding any classification action 

affecting the employee’s position. 

C. If the position description appealed is identical to other encumbered positions 

in the Agency which may be impacted, the Union will be provided information 

regarding the results of any review conducted upon request. 

D. If requested by the employee who files a classification appeal, the Union may 

observe any onsite classification audit.

SECTION 5 - SURVEYS

The Agency shall provide the DCMA Council with information on occupational 

surveys to be conducted or being conducted as a result of OPM direction, OPM 

issuance of a proposed Government-wide classification standard or development 

by the Agency of a supplemental classification guideline in accordance with the 

OPM position classification standards.

SECTION 6 - HAZARDOUS DUTY PAY

Hazardous duty pay for General Schedule employees shall be paid in 

accordance with governing laws and regulations. 

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ARTICLE 22

CAREER DEVELOPMENT AND TRAINING 

SECTION 1 - GENERAL

A. The Agency will provide training, education and development opportunities in 

accordance with 5 CFR, Part 410 and subject to the availability of space and 

funds. The DCMA Council and the Agency shall encourage employees to take 

advantage of training and educational opportunities. Such training shall add to 

the skills and qualifications needed to increase their efficiency in the performance 

of their duties, meet future Agency requirements and qualify for advancement. 

B. Where non-job related courses are available only during duty hours at an 

area institution, the Agency will give appropriate consideration to an employee’s 

request for a special tour of duty to permit the employee to take the course. 

C. To the extent practicable, training directed by the Agency will be scheduled 

within employees’ work hours. When it is not possible to do so, the employee’s 

shift may be adjusted to encompass the hours of the training. Overtime pay for 

training is generally prohibited for FLSA Exempt positions, except as specifically 

addressed in exceptions described in 5 CFR 410. Overtime pay for training or 

attending lectures, meetings or conferences for employees covered by FLSA is 

described in 5 CFR 551.423, which provides for payment of overtime only when 

the training is directed (rather than permitted) by the Agency and the purpose of 

the training is to improve the employee’s performance of the duties and 

responsibilities of his/her current position. 

D Training classes normally should consist of a combined total of classroom 

training and outside assignments not to exceed 8 hours per day. For all training 

classes requiring assignments beyond the 8 hour classroom day, the employee 

will be compensated in accordance with applicable laws and regulations. On 

those days when the class is dismissed prior to completion of the 8 hours of 

training, the employee is required to return to regular duty or take leave for the 

balance of the day. 

E. The Agency agrees to provide appropriate job related training to employees 

without regard to disability, race, religion, sex, age, national origin or Union 

affiliation or non-affiliation. 

SECTION 2 - INDIVIDUAL DEVELOPMENT

An Individual Development Plan (IDP) will be prepared and/or updated annually 

and discussed in conjunction with performance evaluation discussions. The 

Agency will provide access to appropriate sources of formal training (e.g. web 

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sites, catalogs). Upon an employee’s assignment to a new or different position, 

the Agency will inform him or her of the purpose of an IDP and develop an IDP 

that outlines the skills or knowledge required for performance in the position and 

recognizes the employee’s development interests. Additionally, the Agency shall 

make every reasonable effort to provide training and developmental activities 

identified on each employee’s approved IDP when such training is related to the 

employee’s official job duties, subject to the availability of space and funds. 

SECTION 3 - EXPENSES

Subject to the availability of funds, the Agency will pay approved job related 

training and/or formal education expenses. Employees who are interested in 

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

encouraged to do so. Employees may document such training in their 

resumes/job applications and will be given credit for such if appropriate. 

SECTION 4 - VOLUNTARY PARTICIPATION/SELECTIONS

Participation in career development programs will be completely voluntary. 

DCMA Council participation will not be considered when selecting career 

development program participants. 

SECTION 5 - ANNUAL TRAINING REQUIREMENTS

A. The Agency will conduct an annual review of training requirements. The 

Agency will consider the DCMA Council’s views in evaluating training needs, 

formulating programs to meet those needs and the training program content.

B. The Agency will put the DCMA Council on distribution of all training 

coordinator guidance related to bargaining unit employee training. 

SECTION 6 - TRAINING PROGRAMS

Agency’s training programs may include but are not limited to the following: 

 1. classroom training; 

 2. on-the-job training; 

 3. technology-based training, e.g. computer-based, satellite, e-learning; 

 4. coaching and mentoring; 

 5. cross-training and rotational assignments; 

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 6. upward mobility programs (including OPM approved waivers of 

qualification requirements); 

 7. internship and other career ladder positions; or 

 

 8. retirement planning (the parties encourage employees to participate in 

retirement planning training early in their careers to facilitate proper retirement 

planning). 

SECTION 7 - ACCREDITATION

When an institution of higher learning provides for accreditation of on-the-job 

training or experience, the Agency will, upon request of the institution, seek to 

have the institution accredit the Agency program. The Agency will assist 

employees in obtaining the appropriate credit based on their participation. 

SECTION 8 - EMPLOYEE ORIENTATION

A. The Union will be given the opportunity to make a presentation at new 

employee orientation briefings attended by bargaining unit employees. The 

Union will be provided reasonable advance notice of the orientation sessions so 

that a representative can be made available. 

B. The Agency will provide DCMA Council with a quarterly listing of all newly 

hired employees. This listing will include the organization, name, title, series and 

grade of the employees gained during the previous quarter. 

SECTION 9 - ADVANCE NOTICE

Normally, employees will be given at least two weeks advance notice of training 

courses that require TDY. When scheduling training that will require TDY, the 

Agency will upon request, take into consideration personal hardship or other job 

related training courses a candidate is enrolled in that would conflict. 

SECTION 10 - USE OF FACILITIES AND EQUIPMENT

Supervisors may permit employees the use of Government equipment (i.e., 

computers, copy machines) if the use serves a legitimate public interest such as 

enhancing professional skills, or job searching in response to downsizing efforts 

provided: the use does not adversely affect the performance of official duties by 

the employee or the employee’s organization; the use is of reasonable duration 

and frequency, and accomplished during the employee’s personal time, i.e., 

before or after duty hours or during lunch periods; the use does not put Federal 

Government resources to uses that would reflect adversely on DoD; and the use 

creates no significant additional cost to the Agency. 

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ARTICLE 23

MEMBERSHIP AND PARTICIPATION 

IN 

 PROFESSIONAL ASSOCIATIONS

Consistent with ethics laws and regulations, employees are encouraged to join 

and participate in professional organizations and their functions. Expenses for 

such membership and/or participation in these meetings, including travel and per 

diem, will be borne by the employee. At the discretion of the Agency, employees 

may be authorized duty time and/or travel expenses to participate in such 

meetings when workload permits and participation in the meeting is in the 

interest of the Agency. When an employee is directed by the Agency to join and 

participate in professional organizations and their functions, the expenses, 

including travel and per diem, will be borne by the Agency.

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ARTICLE 24 

UPWARD MOBILITY

 

SECTION 1 - GENERAL

The Agency and the DCMA Council agree to the importance of providing lowergraded employees with opportunities to satisfy their career aspirations through 

competition for positions in career fields in the general schedule (GS-1-12) or at 

equivalent wage grade full performance levels. 

SECTION 2 - UPWARD MOBILITY OPPORTUNITY

A. Upward mobility must support Agency mission and organizational objectives. 

The Agency and the DCMA Council agree that opportunity for upward mobility is 

in the best interest of the Agency and the employee. The Agency agrees to 

provide employees with opportunities to reach their maximum level of job 

achievement through establishing upward mobility positions whenever 

reasonable and possible. 

B. Upward mobility provides new career opportunities to permanent DCMA 

employees who occupy positions with limited grade levels by enabling them to 

compete for positions which offer growth to targeted grade levels. 

SECTION 3 - AVAILABILITY

A. Upward mobility is open to all career fields and shall not be limited to any one 

geographical area. 

B. Determination of reasonableness will be based upon: mission requirements, 

fiscal responsibility, position criticality, overall workforce experience, downsizing, 

availability of training, etc. The establishment of any position is at the discretion 

of management. 

SECTION 4 - IDENTIFICATION AND SELECTION OF CANDIDATES

Selection procedures will be in accordance with Article 25, Merit Promotion. 

SECTION 5 - TRAINING

Training for Upward Mobility positions will be in accordance with Article 22, 

Career Development and Training. 

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ARTICLE 25 

MERIT PROMOTION 

SECTION 1 - GENERAL 

A. The purpose of this Article is to enable the Agency to meet the challenges it 

faces and to respond quickly and effectively to changes in its mission and 

priorities through the promotion, reassignment and detail of its employees. Merit 

system principles will apply to all competitive promotion actions taken under this 

Article. 

B. Promotions will be carried out in accordance with applicable law, 

Government-wide rule or regulation and this Article. 

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

placement (for over 120 days) of employees to positions at grade levels higher 

than those of their current positions. They will also apply to placement into 

positions which offer promotion to grades which are higher than the specific full 

performance level of any position previously held on a permanent basis. Any 

and all references to “position” in this Article mean a bargaining unit position. 

This Article does not apply to promotions, reassignments or details for nonbargaining unit positions or bargaining unit positions filled via special hiring 

authorities. 

D. The Agency retains the right to use any lawful means to fill positions either 

concurrently with or in lieu of competitive procedures. Toward this end, and in 

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

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

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

reassignment, excepted appointment or those within reach on an appropriate 

OPM or delegated examining unit certificate. 

SECTION 2 - POLICY

A. The Agency and the Union share an interest in a fair and open merit 

promotion process that provides employees with the opportunity to advance in 

their careers based on merit. 

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

management that goes beyond the particular cases involved. Proper promotion 

actions are essential to assure that the Agency is being staffed by the best 

persons available and employees are receiving fair consideration. Thus, the 

Agency agrees to take appropriate and timely measures to correct deficiencies 

discovered. 

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SECTION 3 - PRIORITY CONSIDERATION AND PLACEMENT 

A. Definition 

For the purpose of this Article, a priority consideration is the consideration for 

non-competitive selection given to an employee as the result of a previous failure 

to properly consider the employee for selection because of procedural, regulatory 

or program violation. Normally, employees will receive priority consideration for 

each instance of improper consideration. When circumstances warrant, the 

Agency and DCMA Council agree to consider additional instances of priority 

consideration. Priority consideration does not give the employee a right or 

guarantee to be selected for any vacancy. 

B. Procedure 

An employee will receive bona fide consideration by the selecting official before 

any other candidate is referred for consideration. The employee will not be 

considered in competition with other candidates and will not be compared with 

them. 

C. Mandatory Placement Actions 

If an employee in any of the categories below is available and qualified when a 

vacancy occurs, that employee must be given appropriate placement entitlement: 

 

 1. persons with statutory, regulatory, or administrative reemployment or 

restoration rights. These include employees returning from military service, 

employees returning from overseas assignments under the terms of a return 

rights agreement or persons whose names appear on a Reemployment Priority 

List; 

 2. placement actions required in connection with Reduction in Force 

(RIF); 

 3. placement, reassignment or promotion that is directed by the OPM, the 

MSPB or other authority to effect a corrective action resulting from an appeal, 

grievance, EEO complaint decision or to correct a violation of law or regulation; 

 4. placement of employees entitled to mandatory placement under 

provisions of the DoD Priority Placement Program. Refer to the DoD Priority 

Placement Program Operations Manual; or 

 5. placement of qualified recovered disability annuitants and former 

employees receiving workers compensation. 

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D. Employees entitled to priority consideration will be notified when they are 

considered for placement under priority consideration procedures. 

SECTION 4 - PERSONNEL ACTIONS COVERED BY THE MERIT 

PROMOTION PROGRAM (COMPETITIVE ACTIONS) 

A. Competitive actions are a result of competition among applicants and that are 

based on job related factors, OPM or OPM-approved minimum qualification 

standards and basic statutory/regulatory eligibility requirements for promotional 

opportunities. Competitive procedures apply to the following actions: 

 1. temporary promotion of more than 120 days; 

 2. selection for detail for more than 120 days to either a higher graded 

position or to a position with known promotion potential; 

 3. reassignment or change to lower grade to a position with higher 

potential than the employee's current position (except as permitted by RIF 

regulations); 

 4. transfer to a higher graded position or one with more promotion 

potential than previously held permanently in the competitive service; or 

 5. reinstatement to a permanent or temporary position at a higher grade 

or with more promotion potential than the highest grade previously held on a 

permanent basis in the competitive service.

SECTION 5 - EXCEPTIONS TO THE MERIT PROMOTION PROGRAM 

A. Competitive procedures may not be required for: 

 1. a promotion resulting from the upgrading of a position without 

significant change in the duties and responsibilities due to the issuance of a new 

classification standard or the correction of a prior classification error; 

 2. a position change permitted by RIF procedures; 

 3. promotion resulting from upgrading of a position due to the accretion of 

duties; 

 4. career promotion of an employee without further competition when at 

an earlier stage the employee was selected from an OPM certificate of eligibles 

under competitive promotion procedures for an assignment intended to prepare 

the employee for the position being filled. This includes any promotion up to and 

including the full performance level of the position; 

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 5. temporary promotions of 120 days or less; 

 6. details of not more than 120 days to higher graded positions or to 

positions with known promotion potential; 

 7. repromotion of an employee who was demoted without personal cause 

and not at his or her request. Except for good cause, employees involuntarily 

downgraded without personal cause will be repromoted at the first opportunity. 

Good cause includes but is not limited to management’s decision not to fill or to 

abolish the position or to select a better qualified candidate from any appropriate 

source. In the event of non-selection for repromotion, the employee will be 

provided written reasons for non-selection; 

 8. selection of a permanent government employee from OPM delegation 

of authority registers for higher graded positions or positions with known 

promotion potential; 

 9. promotion of an employee to any position and/or grade level which he 

or she formerly held on a permanent basis. Since employees already competed 

at a previous time, they must only meet the basic qualification requirements of 

the position; 

 10. transfer of a current Federal employee or reinstatement of a former 

Federal employee to a position that is no higher than a position previously held 

on a permanent basis under a career or career conditional appointment, provided 

the employee was not demoted or separated from that previous position for 

cause or for performance deficiencies; 

 11. position change (either reassignment, demotion, or promotion) of any 

permanent employee from a position having known promotion potential to a 

position having no higher potential; or 

 12. selection of an individual accorded priority consideration. 

 

SECTION 6 - RESPONSIBILITIES

A. The Agency will: 

 1. administer the Merit Promotion Program and assure adequate advice 

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

discharge their responsibilities in connection with the program; 

 

 2. ensure each employee on a promotion certificate may ascertain 

whether they were selected through the Automated Notification System Web 

Enabled Response (ANSWER) or equivalent; and 

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 3. publish job opportunity announcements on USA Jobs or equivalent and 

provide information to employees with respect to the filing of applications and the 

regulatory aspects of the promotion program. 

B. The DCMA Council will bring matters of concern regarding the promotion 

program to the attention of the Agency as early as possible in an effort to reach 

informal resolutions. The Parties shall address and attempt to resolve the 

concern prior to commitment of the position. In addition the Agency and the 

Union will: 

 1. encourage and assist employees to improve their potential for 

promotion through self help activities; 

 2. assist employees in identifying appropriate positions for which they are 

qualified; and 

 3. assist employees to overcome weaknesses which have been identified 

as reasons they have not been promoted. 

C. Employees are expected to: 

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

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

selected; 

 2. assure the applications filed for consideration are completed accurately 

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

 3. cooperate in the resolution of questions concerning their qualifications 

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

information as may be requested or required; 

 4. familiarize themselves with the merit promotion program and seek 

desired clarification from supervisors and/or their servicing Human Resources 

Office; 

5. respond to the requirements of JOAs; 

 6. maintain awareness of the status of their application for a position 

through the ANSWER system or equivalent; and 

 7. request a discussion with the selecting official, if so desired, upon 

notification of non-selection. The selecting official may suggest 

improvements/changes that may enhance future promotion possibility. 

 

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SECTION 7 - AREA OF CONSIDERATION

A. The area of consideration for positions to be filled through competitive 

promotion procedures must be broad enough to obtain a sufficient number of 

highly qualified candidates from which to select and to provide adequate 

promotion opportunities for employees. 

B. The area of consideration in announcing vacancies will be no less than: 

 1. Agency-wide and Acquisition Technology, and Logistics (AT&L) 

Workforce in the Department of Defense (DoD) Components outside the military 

departments for permanent acquisition workforce positions (i.e. Defense 

Acquisition Workforce Improvement Act (DAWIA)); and 

 

2. Agency-wide for all other permanent bargaining unit positions. 

 

SECTION 8 - JOB OPPORTUNITY ANNOUNCEMENTS

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

publicized by means of a JOA and posted on the Agency’s web site. 

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

 1. the JOA number; 

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

 

 3. opening and closing dates; 

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

 5. area(s) of consideration; 

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

established qualifications requirements; 

 7. selective placement factors, if any; 

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

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

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

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

 10. any test(s) required; 

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

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

financial statement filing requirement, security requirements, etc.; 

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

30 percent or more disabled veterans if appropriate; 

 13. the statement: "The Defense Contract Management Agency is an 

equal employment opportunity Agency"; 

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

minimum qualifications and other regulatory requirements must be met by the 

date the referral is issued; 

 15. length of temporary promotion or detail (if appropriate); 

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

 17. statement concerning authorization of Permanent Change of Station 

(PCS) payment; 

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

position; 

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

 20. statement as to Security Clearance requirement; 

 21. statement as to whether the position is Emergency Essential (EE). 

(Deployable); and 

 22. statement as to whether the position is a bargaining unit position. 

C. JOAs will be posted electronically during the time limits within which 

applications will be accepted. 

 1. Employees are expected to keep applications submitted for open 

continuous and continuing promotion registers current by submitting updated 

resumes. 

 

 2. Multi-location JOAs/Registers: JOAs may be issued to establish 

registers for similar positions located throughout the Agency. Applicants are 

required to specify their geographical/organizational preference(s) when 

requested or they will only be considered for positions within their assigned 

organization. 

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D. For vacancies announced on an open continuous basis cut off dates for any 

and all vacancies will be defined in the JOA. 

E. JOAs for positions for which there is an anticipated frequent, repetitive or 

continuous need may either be announced on an open continuous basis or may 

be announced for a limited period and used to establish a register of candidates 

to be referred as appropriate vacancies arise. 

F. To be accepted, applications must be received by the date specified. 

G. Amendments, cancellations or extensions will be made available in the same 

manner as the JOA.

SECTION 9 - EVALUATION, CERTIFICATION AND SELECTION OF 

APPLICANTS UNDER COMPETITIVE PROCEDURES

 A. The Agency and DCMA Council recognize their shared interest in a 

consistent and efficient merit promotion system that provides for prompt filing of 

vacancies with high quality applicants. 

B. The Agency will use an automated system for evaluation of candidates. The 

Agency agrees to provide training to employees and Union representatives 

regarding the operations of the automated system. For each position or group 

of positions, which will be filled through competitive promotion procedures, the 

method of rating must be documented. This job analysis will address: 

 1. the skills identified through job analysis as necessary for successful job 

performance and the relative weight assigned to each; 

 2. the measurement methods to be used; and 

 3. evaluation procedures to be followed and measuring information to be 

used based solely on job related criteria. 

C. Skills to be used for evaluation purposes must be derived from the official 

position description for the position being filled. 

D. Candidates who have a current rating of record of Unacceptable will not be 

certified for promotion consideration. They will be notified that they are ineligible 

for further consideration. 

E. Applicants for promotion will be evaluated based upon relative skills, 

education and awards. The relative importance of skills may be weighted. 

Skills to be used and the weights of skills will be determined prior to issuance of

the JOA. 

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SECTION 10 - USE OF PANELS IN THE PROMOTION PROCESS

A. Panels may be used to evaluate, rank and/or interview candidates for 

selection consideration. 

B. Panels may not function in a way which preempts the selecting official's 

authority. 

SECTION 11 - REFERRAL OF CANDIDATES FOR SELECTION

A. A list of the top ten best qualified candidates will be referred to the selecting 

official for consideration (unless there are less than ten qualified applicants). The 

number to be referred will not exceed ten promotion candidates for each vacancy 

being filled, unless there are tie scores. Ties will not be broken. When there is 

more than one vacancy, one additional applicant will be referred for each 

additional vacancy. 

B. When a promotion certificate contains at least three qualified promotion 

candidates the selecting supervisor may not reject the certificate as inadequate 

solely on the basis that it contains an insufficient number of eligibles. 

C. If the promotion certificate contains fewer than three qualified promotion 

candidates or if declinations reduce the number to fewer than three, the selecting 

official may request that recruitment effort be renewed or he/she may proceed 

with the selection process. If recruitment is renewed, previous applicants need 

not apply to receive consideration. 

D. In cases where the position was announced at more than one grade level, the 

selecting official will be provided a list for each grade level. 

SECTION 12 - CANDIDATE INTERVIEWS

A. The selecting official has the option to interview or not interview the 

candidates referred. If one bargaining unit candidate is interviewed, all 

bargaining unit candidates will be interviewed. Interviews will be conducted in 

essentially the same manner in regard to questions asked and the information 

being sought so that all candidates are given an equitable opportunity to present 

themselves and their qualifications. 

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

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

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SECTION 13 - SELECTION

A. Selecting officials may select any of the candidates referred on the promotion 

certificates, or any candidate eligible for noncompetitive consideration. 

B. If the vacancy is one for which an under-representation exists and is a 

targeted occupation as identified in the Affirmative Employment Plan and there 

are well qualified candidates whose selection would reduce the underrepresentation, then the selecting official will give the appropriate consideration 

consistent with the Affirmative Employment Plans. 

C. The employee’s promotion will not be affected by the Agency’s inability to 

release the employee to their new position in a timely manner. 

D. Management shall select by seniority when: (1) it has determined to fill a 

vacancy and (2) it has narrowed its choice to two employees equally capable and 

equally qualified under management's criteria. 

SECTION 14 - RECORDS

Promotion actions will be documented and records maintained in accordance 

with requirements established by OPM. The DCMA Council Local representative 

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

to the limitations of the Privacy Act. 

SECTION 15 - EXPEDITED GRIEVANCE PROCEDURE FOR MERIT 

PROMOTION

A. The Agency and the DCMA Council share an interest in fair consideration of 

applicants for promotion. This expedited grievance procedure provides a means 

for rapid review of employee or Union grievances regarding qualifications or 

rating decisions. This procedure may be used by an employee or by the Union 

within five (5) workdays after issuance of the Web Based Referral List or 

equivalent. 

B. In the event a grievance is filed using this procedure, the Agency will stay the 

selection process for five (5) workdays or until the grievance decision is 

rendered, whichever occurs first. If multiple grievances are filed, the Agency will 

suspend the selection process for five (5) workdays from receipt of the first 

grievance. 

C. A representative of the Agency will communicate telephonically or in person 

with the Union/employee(s) to discuss the grievance within three (3) workdays 

from receipt of the grievance. The Agency will provide a written decision within 

two (2) workdays of the communication. 

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D. A grievance not resolved by this procedure may be advanced to the second 

step of the negotiated grievance procedure. 

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ARTICLE 26 

PERFORMANCE MANAGEMENT 

SECTION 1- GENERAL

Performance management is the process of creating a work environment or 

setting in which people are enabled to develop their full potential and perform to 

the best of their ability. Performance management supports the desire to create 

a customer serving, motivated, accountable, reliable and dedicated workforce. It 

provides enough guidance so employees understand what is expected of them. 

It provides enough flexibility so that individual creativity and strengths are 

nurtured but enough control so that employees understand organizational 

missions/goals. A performance management plan contains clear expectations 

and robust measures that make meaningful distinctions across levels of 

performance and reinforces accountability. The performance management plan 

will support human capital decisions such as training and development, 

succession planning, recognizing top performers, reduction-in-force, etc. 

Performance plans will be applied so that each employee has the opportunity to 

excel. 

SECTION 2 - ESTABLISHING WRITTEN PERFORMANCE PLANS 

A. A written performance plan provides the employee with clear 

expectations/goals based on position requirements and a method for the 

supervisor/manager to rate his/her progress objectively. The plan consists of a 

set of rating elements and performance standards used to evaluate such 

elements. 

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

responsibilities of the position and be attainable. 

C. Upon request, the Agency will provide the DCMA Council with a copy of the 

guidance provided to management for the purpose of developing written 

performance plans. 

SECTION 3 - CRITICAL ELEMENTS 

A. Rating elements must address the critical functions of an employee’s position. 

A performance plan normally consists of four to six critical elements. A critical 

element is a work assignment or responsibility of such importance that 

unacceptable performance of the element would result in a determination that an 

employee’s overall performance is Unacceptable. When developing critical 

elements, consideration should be given to work quality, productivity, customer 

support, teamwork and cooperation for employee performance plans and 

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management, coaching and leadership for supervisory and managerial plans. 

The critical elements are to be tied to the core competencies of each 

occupational group and related customer outcomes/expectations. DCMA 

managers and supervisors are to develop critical elements for all employees that 

link to the Agency’s Performance Plan. 

B. Performance plans containing critical elements should identify and measure 

work outcomes and achievements rather than the work processes employed to 

produce the results. When organizational goals and metrics are used in 

employees’ performance plans, they should be directly linked to an individual’s 

critical elements, be reasonably attainable and be clearly stated in terms of 

quality, quantity, timeliness and manners of performance. 

Critical elements for bargaining unit employees shall address individual 

performance only. 

SECTION 4 - NON-CRITICAL ELEMENTS

A non-critical element is a dimension or aspect of individual, team or 

organizational performance, exclusive of a critical element, that is used in 

assigning a summary level. Such elements may include, but are not limited to, 

objectives, goals, program plans, work plans and other means of expressing 

expected performance. 

SECTION 5 - PERFORMANCE STANDARDS

Supervisors/managers will develop standards of performance on the critical 

elements that are credible and reliable measures of performance. Employees 

are to participate in the development of the performance standards for 

Contribution to Mission Accomplishment. The standards are to delineate the 

supervisor’s expectation of performance at the Fully Successful and Outstanding 

levels. They should be expressed in results-oriented terms. Supervisors must 

communicate with employees regarding their performance elements and 

standards. Employees are to receive a copy of their performance plan during 

initial entry into their position, at the beginning of each rating period and 

whenever the plan is revised. Employees will be given the opportunity to 

participate in the initial development and any revision of performance plans for 

their positions. Employees may suggest changes to their performance plans 

during the rating cycle. The employee will be allowed a reasonable amount of 

time to review and comment on any new or revised standards. The employee 

may discuss the standards with a Union representative, if desired. 

SECTION 6 - MANAGING PERFORMANCE AND PROGRESS REVIEW

A. Performance plans cover the appraisal period which runs from 1 January to 

31 December. The rating official and the employee meet at the beginning of the 

appraisal period to discuss performance requirements and expectations. A copy 

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of the plan shall be provided to the employee. Periodic reviews and discussions 

provide ongoing, consistent feedback that addresses both employee strengths 

and the weaker areas of their performance. 

B. Rating officials should determine whether training or other developmental 

opportunities would help an employee perform better on the job. Managing 

performance should help identify remedial or developmental training necessary 

for an employee to meet a specific performance standard or expectation. Rating 

officials are to include training requirements or assignments focused on 

improving future performance on the employee’s IDP. 

SECTION 7 - EVALUATING AND RATING PERFORMANCE AT THE END OF 

THE RATING PERIOD

 

A. The rating period begins January 1 and ends December 31 of each year. 

B. Sufficient time shall be scheduled for the employee to discuss their 

performance appraisal. 

C. Supervisors must provide ratings based on a minimum of 90 consecutive 

calendar days when employees have worked for the same supervisor under the 

same performance plan. 

D. A supervisor must provide an employee with summary ratings when an 

employee leaves their position during the last 90 consecutive calendar days of 

the rating period and has served a minimum of 90 consecutive calendar days or 

more in his/her former position working for that supervisor under the same 

performance plans. This also applies if the supervisor leaves his/her position 

during this same period and the employee has served 90 consecutive calendar 

days or more working for that supervisor under the same performance plan. This 

rating is considered the rating of record for the employee for the entire rating 

period. 

E. In those situations where the employee and/or supervisor do not meet the 

minimum 90 consecutive calendar day requirement, the supervisor must delay 

the rating until such time as the employee works for the gaining supervisor at 

least 90 consecutive calendar days. When the 90 day period ends, the rating 

must be prepared within 15 days of the end of the extended rating period. 

SECTION 8 - APPRAISING TEMPORARY DUTY PERFORMANCE

A. When an employee is temporarily assigned for 120 days or more, the 

temporary rating official gives the employee a written performance plan reflecting 

the temporary assignment as soon as possible, but no later than 30 days of 

entering the position. When the temporary assignment ends, the temporary 

rating official will complete an evaluation and provide it to the permanent rating 

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official for consideration in completing the employee’s annual performance 

evaluation. 

B. When an employee is on a temporary assignment for a period of 90 days and 

an annual evaluation is due, the temporary rating official shall complete the 

evaluation. 

C. If the evaluation is due and the employee has been on the temporary 

assignment for less than 90 days, the permanent rating official shall assign the 

rating. 

D. Employees who fail to meet expectations while on detail or other temporary 

assignment shall be returned to their regular positions. 

SECTION 9 - APPRAISING PERFORMANCE UNDER OTHER 

CIRCUMSTANCES 

A. Employees who are on long-term training, leave without pay for uniformed 

service or other lengthy absence from duty and have not completed the minimum 

90 consecutive days of work necessary for a rating are not eligible for a rating at 

the end of the rating period. Supervisors will annotate “Not Rated” and provide 

the reason on the performance appraisal form and forward to the HR services 

provider. Employees who receive such a rating will be assigned a presumptive 

rating of Fully Successful for reduction in force (RIF) purposes only. 

B. An employee's use of official time to carry out representational functions shall 

not influence his or her performance appraisal. Employee representatives having 

spent insufficient time in their official duties to be rated thereon will not be 

provided an annual performance rating of record until such time as they shall 

have spent sufficient time in the performance of their official duties as to permit 

management to provide, consistent with applicable regulations, an annual 

performance appraisal. When in the above circumstances, the employee 

representatives have not been given an annual performance appraisal, such 

employees, as necessary for RIF purposes only, will be given a modal rating in 

accordance with applicable RIF regulations. 

SECTION 10 - COMPLETING THE PERFORMANCE EVALUATION 

A. Supervisors must evaluate employees on each rating element in the 

performance plan unless they determine that the employees have not had 90 

consecutive days to demonstrate performance on the element. In this event, 

supervisors must annotate the rating element as “Not Rated” and must not 

consider it in determining employees’ summary rating. 

B. Supervisors must annotate the rating level for each critical element in 

accordance with the Agency’s chosen performance appraisal system. 

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C. Supervisors must consider the employee’s actual performance in determining 

the rating level. Once each performance element is rated, the supervisor must 

determine the summary rating in accordance with the Agency’s chosen 

performance appraisal system. 

D. Supervisors must discuss the performance evaluations with employees. The 

performance discussions will incorporate how the employee’s position and 

performance supported the Agency’s goals. The supervisor is to obtain the 

employee’s signature on the applicable appraisal form and provide a copy of the 

completed form to the employee. If the employee refuses to sign the form, the 

supervisor should annotate the form to that effect. 

E. The employee’s signature on the completed form does not imply that the 

employee agrees with the evaluation. It only verifies that the supervisor has 

discussed the rating with the employee and that they have received a copy of the 

evaluation. An employee may add comments to the form. 

SECTION 11 - DETERMINATION OF PERFORMANCE AWARD

 

Employees evaluated as Fully Successful or above are eligible for consideration 

for performance awards. Employees rated Outstanding may be considered for 

Quality Step Increases (See Article 27). 

SECTION 12 - PROBATIONARY AND TRIAL PERIOD EVALUATIONS

A. Employees given a career or career-conditional appointment from an OPM 

certificate of eligibles must serve a one-year probationary period. This applies to 

any competitive appointment from a certificate of eligibles regardless of whether 

the employees have previously completed a probationary period after competitive 

appointment. During this probationary period, supervisors must observe the 

employee’s conduct and performance. Supervisors must evaluate the 

employee’s performance against the requirements of the employee’s 

performance plan. Supervisors may separate employees during the probationary 

period in accordance with applicable regulations. 

B. Employees who receive an excepted service appointment are required to 

serve a trial period. Preference eligibles receiving such appointments must serve 

a trial period. This trial period has the same purpose as a probationary period for 

competitive service employees. 

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SECTION 13 - TAKING ACTIONS BASED UPON UNACCEPTABLE 

PERFORMANCE

Supervisors must warn employees of serious performance deficiencies when 

they occur. The following course of action must be taken regardless of whether 

the employee’s performance rating is due: 

 1. Counseling sessions will be conducted with the employee concerning 

their performance deficiencies and specifically identify areas of performance that 

are in danger of failing to meet expectations, explain the required improvements, 

and identify means to successfully attain the improvements to include remedial 

training and development. These counseling sessions will be conducted on an 

as-needed basis. 

 2. If the employee’s performance does not improve as a result of the 

counseling sessions, the supervisor must notify the employee in writing of an 

opportunity period to meet expectations. This written notification is a formal 

warning to the employee that their performance is Unacceptable in one or more 

critical elements. It should establish a period of reasonable length, normally 90 

days, during which the employee is required to improve performance so as to 

meet expectations. The written notice must contain: 

 a. identification of each critical element in which performance is 

 unacceptable, along with specific examples of deficient performance; 

 b. a statement identifying what the expected performance is on 

each of those specific critical elements; 

 c. identification of the assistance which will be provided to the 

 employee to enable the employee to meet expectations; 

 d. identification of the programs and services available to the 

 employee under the EAP, as appropriate; and 

 e. a statement regarding the performance based action 

management may take to reassign, demote or remove from Federal 

 service if the employee’s performance does not improve to meet 

 expectations and remains at that level throughout the remainder of the 

 rating period; 

 3. During the opportunity period, the supervisor must periodically counsel 

the employee. These discussions note improvements and/or continued 

deficiencies. The supervisor must keep a record of these counseling sessions 

and provide the employee with a copy, if requested; and 

 

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 4. If the annual performance evaluation is due during the opportunity 

period, the supervisor must extend the rating period until after the opportunity 

period and notify the employee of such. The supervisor should initiate the 

opportunity period early in the rating period so as to avoid this type of extension. 

SECTION 14 - ACTIONS AT THE END OF THE OPPORTUNITY PERIOD

A. If the employee’s performance has improved to the Fully Successful level 

during or at the end of the opportunity period, the supervisor must cancel the 

opportunity period and inform the employee. The employee must sustain the 

Fully Successful level of performance for one year from the beginning of the 

opportunity period. If he/she does not sustain performance at this level for the 

one year period, the supervisor may propose a performance-based action 

without granting a new opportunity period. 

B. If an employee’s performance remains Unacceptable at the end of the 

opportunity period, the supervisor must initiate a performance-based action to 

reassign, demote to a position where it is considered that they will meet 

expectations or remove the employee from Federal service. 

SECTION 15 - ADVERSE ACTIONS BASED UPON UNACCEPTABLE 

PERFORMANCE

 

A. Supervisors must use the following procedures to take a performance-based 

action: 

 1. Provide a minimum 30 calendar day advance notice. The notice must 

contain: 

 a. identification of the critical elements and performance standards 

 found unacceptable. A description of the facts concerning specific 

 performance deficiencies that developed during the opportunity period; 

 b. identification of the specific records or documents used in 

 support of the action; and 

 c. a statement that the employee is entitled to representation by an 

attorney or other representative of their choice, to include Union 

 representation, when making a reply. If otherwise in a duty status, the 

 employee and his/her representative are entitled to a reasonable amount 

 of official time to prepare and present a reply to the proposed action. 

B. The deciding official must be at least one level higher than the supervisor who 

proposed the action and must make the final decision regarding the proposed 

action. The deciding official must consider the employee’s reply before making a 

final decision on the proposed action. If the employee makes only an oral reply, 

the deciding official must make a written summary of the reply for the record. 

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C. The deciding official must notify the employee in writing of his/her decision. 

D. The written decision must contain the applicable grievance and/or appeal 

rights. 

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ARTICLE 27 

AWARDS AND RECOGNITION 

 

SECTION 1- AWARDS PROGRAM

A. The Incentive Awards Program will be administered in accordance with 

Agency policy. The parties recognize the importance of teamwork in reaching 

organizational and Agency goals. The Agency agrees to give due consideration 

to using group and team awards to foster teamwork and promote overall 

organizational achievement in recognition of the efforts of groups, organizations, 

and teams which have enhanced organizational excellence. The Agency has the 

discretion to use a wide variety of awards to recognize its employees for 

performance in support of the Agency’s mission. The Agency is encouraged to 

give out awards throughout the year and not be limited to the annual 

performance rating cycle. 

B. An effective awards program recognizes the contribution of the employee in a 

timely manner. Efforts by authorized approving officials should be directed 

toward equality of award consideration for employees within their respective 

organizations. 

SECTION 2 - INCENTIVE AWARDS COMMITTEES

Organizations may have incentive awards committees. Incentive awards 

committees may be used to advise approving officials regarding awards 

programs and proposed awards. When more than one organization is 

represented on an incentive awards committee each cognizant DCMA Council 

Local will be afforded an opportunity to have a representative participate on that 

incentive awards committee. However, the DCMA Council Local representative 

may vote only with respect to nominations from the organization he/she 

represents. Procedures for the organization’s incentive awards committee may 

be negotiated locally. 

SECTION 3 - AWARDS PROCESS

A. The following awards may be awarded by the Agency to bargaining unit 

employees: performance based cash awards, on-the-spot awards, time-off 

awards, quality step increases, honorary awards, special act or service awards, 

suggestion/invention award and non-monetary awards. 

1. Any employee considered deserving of an award by his/her supervisor 

will be nominated in a timely manner. 

2. Employees evaluated as Fully Successful or above are eligible for 

consideration for performance based cash awards. However, an appraisal that 

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meets the eligibility requirement for an award does not automatically entitle an 

employee to an award. The decision whether to approve an award remains a 

management right and, as such, is not a grievable matter. 

3. Performance awards will be approved based on written 

recommendations that describe objective, verifiable, job-related performance 

contributions and/or accomplishments. General statements concerning an 

employee exceeding one or more performance standards will not be considered 

to be an objective, verifiable statement. 

4. Award consideration will be based on performance based criteria. With 

the exception of exclusions provided for in law and regulation, employees will not 

be excluded from award consideration solely because the employee was recently 

promoted, in training, detailed or loaned during the rating cycle, or is a Union 

official or any other non-merit reasons. 

B. In addition to the organization directly awarding the awards listed above, an 

employee may nominate another employee for an on-the spot award, time-off 

award or special act or service award. Nominations must be submitted to the 

nominee’s immediate supervisor. In the case of group awards, the nomination 

must be submitted to the supervisor with overall responsibility for the project, 

assignment, or initiative. Once a nomination is received, the supervisor will act 

on the nomination by approving an award (determining the type of award and 

dollar amount), denying the nomination or forwarding the nomination to the 

Incentive Awards Committee for consideration. A supervisor is not restricted by 

the nominator’s recommended award type or monetary value in deciding upon 

the nomination. Timely feedback concerning the outcome of the award 

recommendation will be given to the individual(s) submitting the recommendation 

when a recommendation is disapproved. 

SECTION 4 - AWARDS REPORT

The Agency will provide the Union with a report showing names, titles, series and 

grades of bargaining and non-bargaining unit employees, the type of awards 

received and dollar amount for each organization. 

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ARTICLE 28 

EMPLOYEE RECORDS

SECTION 1 - GENERAL

The Agency will maintain systems of personnel records authorized by the OPM and 

those Agency systems published in the Federal Register in compliance with the 

provisions of the Privacy Act of 1974. Personnel records referred to in this Article 

will be maintained in such a manner so as to prevent disclosure to individuals who 

do not have an official need for the information. 

SECTION 2 - OFFICIAL PERSONNEL FOLDER (OPF)

A. The OPF is the official repository for records affecting an employee's status and 

Federal service. The folder provides the basic source of factual data about the 

employee's Federal employment history and this is used primarily by the HR 

services provider in screening qualifications, determining status, computing length 

of service and other information needed in providing personnel services. 

B. The Agency shall provide for the maintenance of an OPF for every employee. 

Upon request, employees will be informed as to the location of their OPF. 

C. Material will be filed in the OPF in compliance with applicable rules and 

regulations of the OPM and 5 CFR Part 293 

D. Each employee and/or their designated representative shall be permitted to 

review any document appearing in the employee's OPF upon request. If the 

representative seeks to review the OPF without the employee present, the 

employee must provide written authorization to the Agency. 

E. Upon request, an employee will be entitled to a copy of any document in his/her 

OPF. 

F. Authorized personnel not employed by the Agency may inspect an 

employee's OPF only after producing appropriate credentials. As required by the 

Privacy Act of 1974, an accurate accounting will be made for disclosure of 

information from the OPF and the information from this accounting will be made 

available to the employee.

G. Upon request, employees shall be advised of the length of time the Agency 

intends to maintain unfavorable material in the OPF. 

H. Records of charges placed in the OPF determined to be unfounded will be 

removed. Such charges will not be considered a factor in connection with any 

future personnel actions. 

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I. Any adverse material removed from the employee's OPF will be returned to the 

employee for final disposition by the employee. 

SECTION 3 - SUPERVISOR RECORDS

Derogatory material of any nature shall not be placed in the supervisor’s files (the 

now obsolete SF-7B card, memoranda for record, etc) without the employee’s 

knowledge. When a notation concerning counseling, oral admonishment, 

disciplinary action, adverse action, etc., is entered into the supervisor’s files, the 

entry will be discussed and the employee shall be advised of their right to make 

written comments to the file. Upon request, employees shall be furnished copies 

of any data the supervisor is maintaining concerning their employment. 

Comments regarding any counseling or oral admonishments and supporting 

information, may be retained beyond one year provided the supervisor notifies 

the employee. Should the employee’s conduct improve, such notations may be 

removed from the supervisor’s file at any time. 

SECTION 4 - SUBMISSION OF MEDICAL INFORMATION/ PRIVACY OF 

RECORDS

The information collected pursuant to any request for medical information shall 

go directly and without interception to the Medical Review Officer of the Agency 

or to such other similarly qualified physician identified by the Agency in advance. 

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ARTICLE 29 

 

MAINTAINING DISCIPLINE

SECTION 1- DEFINITIONS

A. Disciplinary Action: Written reprimand or a suspension for 14 calendar days 

or less. Oral admonishments are not considered disciplinary actions. 

B. Adverse Action: Removal, a suspension for more than 14 calendar days, or a 

reduction in grade and/or pay taken for cause. For purposes of this Article, the 

term “adverse action” does not apply to the separation of an employee serving a 

probationary or trial period under an initial appointment pursuant to 5 U.S.C. § 

7511(a)(1)(A), a suspension or removal taken in the interest of national security, 

an action taken under reduction-in-force procedures, return to the grade formerly 

held by a supervisor or manager who has not satisfactorily completed his/her 

supervisory/managerial probationary period, or the reduction-in-grade or removal 

of employees based on unacceptable performance pursuant to 5 U.S.C. § 4303. 

C. Progressive Discipline: Procedure for evaluation by a management official to 

decide what the penalty shall be as part of a disciplinary action. Progressive 

discipline is an element of just cause and provides guidelines in assessing 

penalties. It does not require any rigid application of a progression of penalties

but, rather requires an evaluation of whether the application of the progression of 

lesser penalties to more harsh penalties is appropriate. More severe, or the 

harshest of penalties may be appropriate for even a first offense. Under this 

concept of progressive discipline, a manager may select any penalty considered 

appropriate, subject to the overall principle of just cause. 

SECTION 2 - GENERAL

A. Employees will not be subject to disciplinary or adverse action except for just 

and sufficient cause. In keeping with the concept of progressive discipline, 

actions imposed should be the minimum, in the judgment of the disciplining 

official, which can reasonably be expected to correct and improve employee 

behavior and maintain discipline and morale among other employees. All 

circumstances being the same in an organization disciplinary or adverse action 

case, the concept of like remedies for like offenses will be applied. This provision 

shall not prevent the Agency from taking any other appropriate action. 

B. Disciplinary and adverse actions will be taken in a reasonable period of time, 

considering the circumstances of the individual case. 

C. Weingarten rights will be posted on the DCMA website and will be sent to 

employees via e-mail annually. An employee will be advised of his/her right to 

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Union representation prior to the taking of any investigative statement. The 

parties acknowledge that failure to give the employee such notification will not 

preclude the use of that statement. An employee may request Union 

representation at any meeting that he/she reasonably believes may result in 

disciplinary action. If the employee requests representation, the interview will be 

discontinued for a reasonable amount of time until the employee’s representative 

is present. 

D. If the employee elects DCMA Council Local representation, copies of all 

correspondence addressed to the employee on the action will be furnished to the 

representative. 

E. The Agency will notify the DCMA Council prior to changing the table of 

penalties. 

SECTION 3 - ORAL ADMONISHMENT

An oral admonishment is used for minor infractions of rules and/or policies. It is 

intended for those situations that do not merit formal action. Management will 

inform the employee that he/she is being orally admonished. Oral 

admonishments will normally be a matter between the employee and their 

supervisor. Within a reasonable time after discovering an infraction believed to 

warrant an admonishment, the supervisor will discuss the matter and any 

necessary corrective action with the employee. Oral admonishments will be 

done in private. 

SECTION 4 - REPRIMAND 

A reprimand is a written statement given to an employee for misconduct. 

 1. The Agency will give the employee at least 7 calendar days written 

notice of the proposed action. 

 2. Notices will state the nature and specific reason(s) for the proposed 

action. 

 3. The Agency will give the employee at least 7 calendar days to respond 

orally and/or in writing and to furnish materials to support the reply. 

 4. Notices will inform the employee of his/her right to consult with a 

member of the servicing human resources staff regarding procedural adequacy 

of the proposed action and of the employee’s right to reply. 

 5. Notices will inform the employee of his/her right to representation. 

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 6. Notices will inform the employee that any request for extension of time 

for reply must be submitted in writing prior to the expiration of the time period that 

he/she was given to reply. 

 7. The decision notice will indicate whether the proposed action will be 

effected, modified, withdrawn or held in abeyance. In no case will the action 

taken be more severe than that proposed in the advance notice. 

 8. The notice will inform the employee of his/her grievance rights in 

accordance with Article 30 of this Agreement. 

 9. A letter of reprimand will be placed in the employee’s OPF for not more 

than 12 months unless the employee receives another disciplinary or adverse 

action for a similar or related offense within the 12 month period. If this occurs it 

will serve to extend the retention of the former reprimand(s) for another 12 

months. In no case, however, will a reprimand remain in an employee’s OPF for 

more than 24 months. 

SECTION 5 - SUSPENSIONS FOR 14 CALENDAR DAYS OR LESS

A. The Agency will give the employee at least 14 calendar days written notice of 

the proposed action. 

B. Notices will state the nature and specific reason(s) for the proposed action. 

C. The Agency will give the employee at least 10 calendar days to respond 

orally and/or in writing and to furnish materials to support the reply. 

D. Notices will inform the employee of his/her right to consult with a member of 

the servicing Human Resources staff regarding the procedural adequacy of the 

proposed action and of the employee’s right to reply. 

E. Notices will inform the employee of his/her right to representation. 

F. Notices will inform the employee that any request for extension of time for 

reply must be submitted in writing prior to the expiration of the time period that 

he/she was given to reply. 

G. The Agency will provide the employee copies of documentation used to 

support the action. Any material/evidence that is not disclosed to the employee 

may not be used in support of an action against the employee. 

H. The decision notice will indicate whether the proposed action will be effected, 

modified, withdrawn or held in abeyance. In no case will the action taken be 

more severe than that proposed in the advance notice. 

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I. The decision will state the findings with respect to each reason stated in the 

notice of proposed action. 

J. The notice will inform the employee of his/her grievance rights in accordance 

with Article 30 of this Agreement. 

SECTION 6 - REMOVAL, SUSPENSION FOR MORE THAN 14 CALENDAR 

DAYS AND REDUCTION IN GRADE AND/OR PAY

A. All of the procedural requirements in Section 5 apply except that the advance 

period will be not less than 30 calendar days, and the employee will be given at 

least 20 calendar days to respond orally and/or in writing and furnish materials in 

support of the reply to the proposed action. The response may include written 

statements of persons having relevant information and/or supportive documents. 

B. The 30 calendar day advance written notice period is not required for a 

removal or an indefinite suspension when there is a reasonable cause to believe 

the employee has committed a crime for which a sentence of imprisonment may 

be imposed. In such cases, the advance notice period will be not less than 10 

calendar days and the reply period will be not less than 7 calendar days. When 

circumstances require, the employee may be placed in a non-duty status with 

pay not to exceed 10 calendar days during the notice period. Such actions under 

this provision are taken pursuant to 5 U.S.C. § 7513(b). 

SECTION 7 - LETTERS OF DISCIPLINE (LOD)

A. LODs may be used in lieu of regular, formal disciplinary actions for 

suspensions of 14 calendar days or less. Management may elect to use a letter 

of discipline in lieu of an actual suspension for a particular incident of 

misconduct. Otherwise, a regular disciplinary action must be used. The use of 

an LOD for one employee or one incident of misconduct does not obligate 

management to use them for all such incidents or employees. The Agency has 

full discretion to decide when it would be appropriate to use an LOD in lieu of a 

regular disciplinary action. An LOD carries the same weight as an actual 

suspension of 14 calendar days or less in determining penalties for future 

offenses. 

B. Employees have the right to formally question an LOD using the regular 

grievance process. Employees must be informed of this right in the letters. 

C. Employees have the right to be represented in preparing and filing a 

grievance concerning an LOD. Information on this right will be included in letters 

of discipline. 

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SECTION 8 - LETTER OF WARNING AND INSTRUCTION

A. A letter of warning and instruction is not a disciplinary action, but may be used 

to clarify procedure, issue specific instruction, or impose certain requirements in 

an attempt to correct a deficiency in performance or conduct before a disciplinary 

action becomes necessary. 

B. When the Agency issues such a letter, it will fully explain what is required of 

the employee to correct the noted deficiency. The letter will not be placed in the 

Official Personnel Folder. A copy will be placed in the supervisor’s file and the 

employee so notified. Information concerning the letter of warning shall not 

remain in the employee's file for more than 12 months. At anytime after the 

issuance of the letter, the employee's conduct and/or performance will be 

reviewed to determine whether there has been sufficient improvement to warrant 

destruction of the letter. 

SECTION 9 - GRIEVANCE/APPEAL RIGHTS

A. An employee who is dissatisfied with the Agency's decision to effect an 

adverse action may elect to either appeal the decision in accordance with 5 

U.S.C. § 7701 or 7702 as applicable or grieve the decision in accordance with 

the negotiated grievance procedure (Article 30) but not both. 

B. An employee who is dissatisfied with the Agency's decision to effect a 

disciplinary action may elect to grieve the decision in accordance with the 

negotiated grievance procedure (Article 30). 

SECTION 10 - STAYS OF CERTAIN PERSONNEL ACTIONS

An employee has 10 working days after receipt of the notice of decision to file a 

timely grievance in order to be granted a stay of all personnel actions. In the 

event the employee requests a stay and has filed a timely grievance, formal 

disciplinary suspensions and/or adverse actions may be stayed by mutual 

consent of the parties. 

SECTION 11 - LAST CHANCE AGREEMENTS

When an employee elects Union representation, the Union will be allowed full 

participation in all discussions and meetings involving the Last Chance 

Agreement. 

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ARTICLE 30 

GRIEVANCE PROCEDURES 

SECTION 1 - GENERAL

This shall be the exclusive procedure available to the parties and employees to 

resolve grievances. 

SECTION 2 - EXCLUSIONS

Complaints concerning the following matters may not be used under the 

negotiated grievance procedure: 

 1. any claimed violation of Subchapter III of Chapter 73 of Title 5, U.S.C. 

(relating to prohibited political activities); 

 2. retirement, life insurance or health insurance; 

 

 3. a suspension or removal under Section 7532 of Title 5 U.S.C., 

concerning national security; 

 

 4. any examination, certification or appointment; 

 5. the classification of any position which does not result in the reduction in 

grade or pay of an employee; 

 6. nonselection for promotion from a properly ranked and certified list of 

candidates. This does not apply to the right to grieve over improper procedures 

used during the selection process; 

 7. the decision to adopt or grant or the decision not to adopt or grant a 

suggestion, performance, honorary or other discretionary award; 

 8. notice of a proposed disciplinary or adverse action under 5 U.S.C § 4303, 

5 U.S.C. § 7502, or 5 U.S.C. § 7512; 

 9. management’s decision whether to issue a LOD; 

 10. any matter decided by the Office of Workers Compensation Programs 

(OWCP), Department of Labor (DOL); 

 11. mid-term performance reviews; and 

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 12. notice or implementation of a RIF which adversely affects any 

employee. 

SECTION 3 - APPEAL OR GRIEVANCE OPTION 

A. An aggrieved bargaining unit employee affected by a prohibited personnel 

practice under section 2302 (b) (1) of Title 5, United States Code, may raise the 

matter under the appropriate statutory appeal procedure or this Agreement, but not 

both. A bargaining unit employee shall be deemed to have exercised his/her option 

under this provision at such time as the bargaining unit employee either initiates an 

action under the applicable statutory appeal procedure or files a grievance in writing 

under this Agreement, whichever comes first. 

B. An aggrieved bargaining unit employee affected by matters covered under 

section 4303 and 7512 of Title 5, United States Code, may raise the matter under 

the appropriate statutory appeal procedure or this Agreement, but not both. A 

bargaining unit employee shall be deemed to have exercised his/her option under 

this provision at such time as the bargaining unit employee either initiates an action 

under the applicable statutory appeal procedure or files a grievance in writing under 

this Agreement, whichever comes first. 

SECTION 4 - ISSUES RAISED IN GRIEVANCE

Issues (other than grievability/arbitrability issues) must be raised at Step 1. Any 

new issue must be directly and integrally related to the particular action/incident 

underlying the grievance. 

SECTION 5 - EXCLUSIVE PROCEDURE

A. The Union has the right to act on its own behalf or on the behalf of any 

employee(s) to present and process grievances. 

B. An employee who files a grievance under this procedure may only be 

represented by an individual designated by the Union. The provisions of Article 1, 

Section 3 apply as appropriate. 

C. An employee or group of employee(s) may present a grievance under this 

procedure without representation as long as the resolution is not inconsistent with 

the terms of this Agreement and the Union is given an opportunity to be present at 

the grievance proceeding. 

D. A Union representative will be on official time when performing 

representational functions under this Article if otherwise in a duty status. 

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SECTION 6 - EMPLOYEE GRIEVANCES 

A. It is recognized that the grievance process should be a quick and efficient 

resolution of the issue. Before filing a grievance, employees are encouraged to 

discuss issues of concern to them with their supervisor. If management cannot 

resolve this issue immediately and needs additional time, management will 

extend the timelines for filing of a grievance. The employee has the right to have 

a Union representative present at any such discussions. 

B. Grievances at each step will be presented in writing and provide, at a 

minimum: 

 1. the aggrieved employee(s), name, position, title, grade and 

organization; 

 2. a description of the basis for the grievance including appropriate facts 

such as times, dates, names and other pertinent data; 

 3. a brief statement of the step(s) taken to informally resolve the 

grievance; 

 4. the relief being sought; 

 5. a statement whether discrimination based on race, color, religion, age, 

sex or national origin is an issue in the grievance; and 

 6. identification of the grievant’s representative. 

C. Steps 

 

Step 1. Grievances are to be presented in writing to the employee’s 

immediate supervisor and second level supervisor within 21 days after the event 

which gave rise to the grievance or within 21 days after the date the employee 

became aware of the event. The written notice must clearly apprise the 

supervisors of the fact that a grievance is being presented. Both supervisors will 

meet with the grievant and his/her representative. Within 10 days after receiving 

the grievance, the second level supervisor shall render a written decision and 

provide a copy to the grievant and his/her representative. Nothing in this step 

precludes the supervisors and the grievant from resolving the grievance within a 

shorter timeframe than the time limits set. 

Step 2. If the matter is still not resolved after receipt of the Step 1 

response, the grievance may be presented within 7 days by the grievant or 

his/her representative in writing to the Commander/Director of the organization or 

his/her designee. After receiving the grievance, the Commander/Director of the 

organization or his/her designee shall meet with the grievant and the Union 

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representative. Within 7 days of receiving the grievance, the 

Commander/Director or his/her designee shall render a decision in writing to the 

grievant and his/her representative. If the grievance is not resolved at Step 2, 

the Union may refer the grievance to arbitration as provided in Article 31.

SECTION 7 - LOCAL UNION GRIEVANCES

A. A grievance may be classified as a local Union grievance if the issue is within 

the authority of the organization to resolve and the resolution requested has no 

impact beyond the local organization. 

B. Resolution of any local Union grievance will have no binding or precedential 

effect on any other organization. 

SECTION 8 - DISPUTES BETWEEN THE AGENCY AND THE DCMA COUNCIL 

A. This procedure covers disputes over actions taken (or alleged failure to take 

appropriate actions) by the DCMA Council or Agency that involve the interpretation 

and application of this Agreement. 

B. The DCMA Council and the Agency agree to exert every effort to resolve 

matters raised under this procedure informally and as timely as possible. To 

facilitate informal resolution. 

 1. the DCMA Council or the Agency shall fully inform the other party of the 

matter of concern at the earliest opportunity. 

 2. informal resolutions shall not be construed as establishing binding 

precedent on a particular practice or on the interpretation of this Agreement. 

C. If the matter is not resolved informally: 

 1. the DCMA Council President or Director, DCMA or their respective 

designees; whomever is the grieving party, shall communicate in writing to the 

other party as in Section 6 B1-6 as above; 

 2. the responding party shall provide a final written response to the 

grievance to the grievant within twenty-one (21) days following receipt of the 

grievance; and 

 3. the grieving party will notify the respondent in writing of its acceptance of 

the final response or its intent to advance the matter to arbitration in accordance 

with Article 31 of this Agreement within thirty (30) days following receipt of the 

written response. 

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SECTION 9 - TIME LIMITS AND NOTICE 

 

A. The time limits at any step of the negotiated grievance procedures, including 

initial filing, may be extended by the mutual consent of the parties. 

B. Failure on the part of the respondent to meet any of the time limits of this 

procedure without mutual consent will serve to permit the grievant to immediately 

escalate the grievance to the next step of the process. 

C. Any notice or filing required under this Article is considered effective when 

received by the DCMA Council President/DCMA Director or their designee via:

 1. certified mail, return receipt requested when signed for by the other party; 

 2. hand delivery when received by the other party in person; or 

 3. E-mail when email is opened by the other party. 

SECTION 10 - WITNESSES

All DCMA employee(s) called to testify on matters regarding a grievance being 

processed under this Article shall be in a duty status and paid travel and per diem 

expenses in accordance with appropriate regulations. 

SECTION 11 - RECORDS AND DOCUMENTATION

The Agency shall, upon request, furnish the grievant(s) and their Union 

representative with pertinent records regarding a grievance under this Article, 

subject to limitations of the Privacy Act. 

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ARTICLE 31 

ARBITRATION 

SECTION 1 - GENERAL

A. If a grievance remains unresolved after the grievance procedure has been 

exhausted, arbitration may be invoked as follows: 

 1. The Union may invoke arbitration on employee grievances by serving a 

written notice upon the Agency. To be timely, such notice must be served not 

later than 30 days after the decision at Step 2 was delivered to the employee and 

the employee’s representative or no later than 30 days after the date the Step 2 

decision should have been rendered. Only the Agency and the Union may 

invoke arbitration. The Union will process the notice invoking arbitration on 

behalf of employees. 

 2. On other than employee grievances, the Union or the Agency may 

invoke arbitration by serving written notice within 30 days after the decision was 

delivered or should have been rendered. 

B. Any notice or filing required under this Article is considered effective when 

received by the Union President/DCMA Director or their designees via: 

 

 1. certified mail, return receipt requested when signed for by the other party; 

 2. hand delivery when received by the other party in person; or 

 3. E-mail when email is opened by the other party. 

SECTION 2 - OPTIONAL ADR PROCEDURES

The following Sections of this Article must be adhered to in the settlement of 

grievances to be resolved through arbitration unless the parties agree to process 

the grievance(s) in accordance with Article 32 of this Agreement. 

 

SECTION 3 - CREATION AND USE OF THE ARBITRATION PANEL 

A. The parties shall jointly create a panel of eight (8) arbitrators annually. 

 1. Selection Criteria - The arbitrator shall: 

 a. have decided a minimum of 20 federal sector cases; 

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 b. have relative balance in the decisions rendered (no more than 

 25% variance between the percent decided in favor of a Union or the 

 Government); and 

 c. have no more than 5% of decisions overturned by a higher 

 authority. 

B. Both parties shall determine which arbitrators meet the above criteria. If the 

parties agree on fewer than eight (8), the remaining slots will be divided equally 

between the parties to select. The order of the arbitrators on the list will be 

determined by random selection. 

 

C. The parties will contact the first arbitrator on the list for a hearing date no later 

than seven (7) days after arbitration is invoked. 

D. The hearing will be scheduled no sooner than thirty (30) days but not more 

than ninety (90) days after the date arbitration is invoked. 

E. If the arbitrator is not available within this time period, the parties shall contact 

the next arbitrator on the panel. 

F. In subsequent arbitrations the next arbitrator on the panel shall be contacted. 

 

G. Arbitrators selected will hold and maintain a current certification from FMCS 

and/or the American Arbitration Association (AAA). 

 

H. By mutual consent, the parties can remove an arbitrator from the list for any 

improper activity. 

I. The Agency will fund travel expenses for the arbitrators under this section. 

J. The parties agree that this process will be implemented as a one year test 

program. At the end of the test period, the parties further agree to reopen this 

section for re-evaluation and renegotiation as necessary. 

 

SECTION 4 - ADMINISTRATION

 

The Agency shall provide facilities at no cost for the arbitration which will 

normally be at the site of the organization where the grievance arose. 

Arbitration hearings shall be conducted during duty hours unless otherwise 

agreed to by the parties. 

SECTION 5 - THRESHOLD ISSUES 

A. Disputes over the grievability or arbitrability of a grievance shall be submitted 

to the arbitrator as a threshold issue in the dispute. Grievability and arbitrability 

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are preliminary questions that must be resolved at the earliest stage of the 

process. Arbitrators must attempt to resolve this issue at the earliest possible 

date so that the parties do not waste resources preparing for their entire case 

before knowing whether the case is indeed arbitrable. Therefore, when there is a 

dispute over grievability or arbitrability of any issue, the arbitrator: 

 1. may request written briefs on the matter in dispute from all parties; 

 2. may arrange the taking of evidence as part of a pre-hearing session, 

(telephonic testimony via conference call is acceptable for this purpose) in the 

event of factual disputes which must be resolved to decide the request; 

 3. shall issue a written decision before setting the date for the arbitration 

hearing; and 

 4. shall not hold the arbitration hearing if the arbitrator decides that the 

grievance is not arbitrable or grievable. 

B. All costs associated with resolution of the threshold issue will be borne by the 

party raising the issue. 

SECTION 6 - HEARING PROCEDURES

A. The procedures to conduct an arbitration hearing shall be determined by the 

arbitrator. 

B. When an employee grievance is being arbitrated, the grieving employee shall 

be in a pay status for the duration of the hearing if otherwise in a duty status. At 

least fourteen (14) days prior to the arbitration hearing the parties will exchange: 

 1. lists of witnesses whom they expect to testify along with a listing of 

facts and/or evidence that may be stipulated in advance of the hearing; and 

 2. copies of documents, with an index, proposed to be offered into 

evidence. 

C. The grievant, their representative, and the individual(s) who are called as 

witnesses will be excused from duty to participate in the arbitration hearing. All 

participants, including Union representatives, shall be in a duty status and will be 

entitled to per diem and travel in accordance with the JTR. Witnesses and 

representatives will be allowed a reasonable amount of duty time to prepare for 

the arbitration. 

D. Once an arbitration hearing has been scheduled, there shall be no 

postponement or rescheduling of the hearing except by the written mutual 

agreement of the parties. 

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E. By mutual consent, arbitration may be conducted as oral proceedings with no 

verbatim transcript and no filing of briefs. They may also mutually agree to such 

other arrangements as waiving post hearing briefs, requesting an award without 

opinion or requesting a bench decision. 

F. No arbitrator has the authority to compel the taking of a transcript. If the 

parties mutually agree to the need for an official transcript, the cost will be 

equally shared by the parties. If only one party wants an official transcript or 

recording, the requesting party will pay for the cost of the transcript or recording 

and no copy will be made available to the other party. However, the Union may 

request a copy of any transcript in the possession of the U.S. Government 

consistent with the provisions of the Freedom of Information Act (FOIA). 

G. The arbitrator shall be requested to render and serve the written decision 

within 30 calendar days after the conclusion of the hearing. The arbitrator's 

award shall be limited solely to answering the question(s) put to them by the 

parties' submission. In the event the parties are unable to agree to a submission 

statement, the arbitrator shall be empowered to formulate their own statement of 

the issue(s) to be resolved. 

H. In arbitrating a grievance, no arbitrator has the authority to render an award 

that would add to, subtract from, modify or violate the Agreement. 

 

SECTION 7 - COSTS 

 

The arbitrator's fees and expenses shall be shared equally by the parties unless 

otherwise specified in this Article. 

SECTION 8 - ISSUES 

The parties concerned shall attempt to jointly frame the issues for the arbitrator. 

If they cannot agree on the framing of the issues, each party shall separately 

frame the issues and the arbitrator shall determine the issues to be heard. Once 

an arbitrator has been selected there will be no ex parte communications with the 

arbitrator, unless agreed to by the parties. 

SECTION 9 - EFFECT OF AWARD

The arbitrator's award shall be binding on the parties. However, either party may 

file exceptions to an award with the Federal Labor Relations Authority (FLRA) 

under regulations prescribed by the Authority. 

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SECTION 10 - CLARIFICATION

Disputes between the parties over the application of an arbitrator's award may be 

returned for clarification. The party seeking clarification shall bear the full cost of 

such clarification. 

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ARTICLE 32 

ALTERNATIVE DISPUTE RESOLUTION (ADR) 

SECTION 1 - INTERPRETATION OF HIGHER LEVEL REGULATION OR 

POLICY

The parties may attempt to resolve disputes of Agency or higher level regulation 

or policy by mutually developing a request for a non-binding interpretation, which 

will be forwarded by the Agency to the office responsible for issuing the 

regulation or policy in dispute. If agreement cannot be reached on a mutually 

developed request, the parties may develop separate statements, which will be 

forwarded simultaneously by the Agency to the office responsible for the 

interpretation. 

SECTION 2 - MEDIATION

Should the parties determine that mediation by a neutral third party would be of 

benefit, they will jointly contact the FMCS or other selected source. No transcript 

will be made nor will there be any persons in attendance other than the 

designated representatives of the parties. 

SECTION 3 - EXPEDITED ARBITRATION 

A. Both parties support the resolution of disputes where accommodation of 

concerns can be accomplished most expeditiously. Consequently, the parties 

agree that expedited third-party resolution processes may provide swift and 

economical methods for settling disputes and are authorized on a case-by-case 

basis in lieu of the more formal procedures in Article 31. 

B. In those situations where both parties agree to pursue an expedited 

arbitration process, they may utilize the following procedures. Select an 

arbitrator from the approved list and advise him or her that an expedited process 

is being used. Request a bench decision immediately after a hearing or request 

a decision on the record without a hearing with or without the submission of 

briefs. The parties may also agree to use any other ADR process that would 

result in a more expeditious resolution of the dispute. 

 

SECTION 4 - DISPUTE RESOLUTION AGREEMENTS 

Any negotiated dispute resolution that impacts the bargaining unit shall be 

provided to the Union for review and negotiation of appropriate arrangements 

prior to final approval, if necessary. 

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ARTICLE 33 

OFFICIAL TRAVEL 

SECTION 1 - GENERAL

A. The Agency and the DCMA Council recognize that employees may be 

required to travel from their official duty station on official government business 

and that employees will be compensated for such travel expenses in accordance 

with law and existing regulations. 

B. An employee who is authorized official travel shall exercise the same care in 

the incurrence of expenses and accomplishing a mission that a prudent person 

would use if traveling on personal business. In this connection, excess costs, 

circuitous routes, delays or luxury accommodations which are unnecessary or 

unjustified in the performance of a mission, are not considered acceptable as the 

application of prudence by the employee. 

SECTION 2 - TRAVEL TIME

A. Travel shall be scheduled so that the employee shall perform travel during 

their regularly scheduled work hours. Should this not be possible and the 

resultant travel meets the criteria of 5 U.S.C. § 5542 or the Fair Labor Standards 

Act, the employee shall be compensated accordingly. When governing laws 

and/or Government-wide regulations precludes the payment of overtime, the 

Agency shall inform the employee of the rationale. 

B. When travel on official government business results from an event that cannot 

be scheduled or controlled administratively, such travel shall be considered hours 

of work for pay purposes in accordance with law and existing regulations. 

SECTION 3 - AUTOMATED TRAVEL SYSTEM

A. Employees will arrange travel and transportation using the automated travel 

system in effect for the DoD. The Agency will provide training on the use of the 

system as well as any subsequent updates. 

B. Except for emergency situations, as determined by the approving official, 

temporary duty (TDY) travel orders shall be issued in sufficient time prior to the 

departure on TDY so as to permit the employee to make orderly arrangements 

for transportation and obtain an authorized advance for travel expenses. 

C. Local travel authorizations that approve the use of a privately owned 

conveyance (POC) by the employee as being more advantageous to the 

Government or for the convenience of the Government shall be issued in 

advance. 

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SECTION 4 - TRAVEL ADVANCES

Employees will be advanced travel expenses as follows: 

 1. employees who have a Government Travel Charge Card (GTCC) will 

follow the requirements of the GTCC program; or 

 2. for those employees who do not have a GTCC, travel advances will be 

provided by DFAS at the standard rate (normally 80% of the estimated per diem 

and miscellaneous expenses and 100% of the estimated transportation costs) 

provided that the request for the advance is made in sufficient time to permit the 

advance to be processed. Travel advances will be deposited directly to the 

employee’s designated account by electronic funds transfer (EFT). Normally, 

travel advances will not be made for travel expenses of less than fifty (50) dollars 

unless a specific request with supporting justification is made. 

SECTION 5 - REIMBURSEMENT FOR OFFICIAL TRAVEL EXPENSES

A. Upon completion of official travel, the employee shall promptly submit 

vouchers for reimbursement to the appropriate authorizing official for processing. 

B. If more than one TDY occurs back-to-back, the travel voucher may be 

submitted within 5 workdays at the end of the TDY assignments. TDY in excess 

of thirty (30) days will have travel vouchers submitted at the end of each 30-day 

cycle as well as at the end of the TDY assignment. The employee should notify 

the credit card company of any anticipated delays in reimbursement from the 

Agency. 

C. The resolution of financial computations shall be a matter solely between the 

employee and the Defense Finance and Accounting Service (DFAS). The 

employee shall be permitted to resolve this matter during their regularly 

scheduled work hours without loss of pay or charge to leave. 

D. An employee on TDY in excess of 12 hours is entitled to per diem in 

accordance with the JTR. 

E. Organizations shall define the local commuting area within which the 

commuting public travels during normal business hours and will be negotiated 

locally. 

SECTION 6 - GOVERNMENT TRAVEL CREDIT CARD PROGRAM (GTCC)

A. The Travel and Transportation Reform Act of 1998, “TTRA” (Public Law 105-

264) imposes the mandatory requirement that most official travel expenses will 

be charged on the GTCC and that the Agency must have certain procedures in 

place regarding travel.

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B. The GTCC is a Government-issued card for official business only and is not a 

personal credit card of the employee. 

C. Employees will not be required to use their personal credit cards or advance 

their personal funds for Government business. 

D. Credit card debts will be paid by split disbursement with the Government 

forwarding the amount indicated by the employee on the claim form directly to 

the vendor. At a minimum, the amount forwarded to the vendor will include the 

cost of lodging and transportation. Any amount of reimbursement due in excess 

of that paid to the vendor will be remitted to the employee via electronic funds 

transfer. Employees will be responsible for paying all travel card charges not 

covered by the Government’s remittance to the vendor under the split 

disbursement process. 

E. In the event of a billing dispute or other disagreement with the terms and 

conditions governing use of the card, the employee is responsible for notifying 

the vendor of the nature of the dispute. The employee may request the 

assistance of the Agency’s local travel card program coordinator in filing a 

dispute. Employees are obligated to cooperate fully in pursuing resolution to 

disputes. 

F. The employee will not be personally bound by the terms and conditions of any 

vendor agreement between the Agency and the vendor. The employee is 

responsible for, and bound by, the terms and conditions of his or her agreement 

with the credit card company with respect to the use of the GTCC. 

G. Employees are subject to discipline or other appropriate measures to ensure 

compliance with the proper use of the credit card. 

H. Employees will be assigned an account either as a restricted or standard 

account. Restricted accounts generally have lower credit limits and are subject 

to more restrictions on their use. Circumstances wherein a restricted account 

may be established include, but are not limited to: 

1. cases where the cardholder has instructed the vendor not to obtain 

credit reports; and 

2. cases where the program coordinator has requested or approved a 

restricted card. 

I. Employees who are expected to travel on official temporary duty more than 

twice a year must apply for a GTCC. Employees who secure this card are 

eligible for travel advances in accordance with the policies of the GTCC program 

and the JTR. Employees who are not eligible for a GTCC or whose use of the 

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card has been revoked, may be authorized travel advances when requested in 

accordance with applicable regulations. 

J. There will be no adverse action against any employee who is not eligible to 

obtain a GTCC. 

K. All information related to the employee government travel card shall be 

subject to requirements of the Privacy Act. 

L. The Agency will provide training to all employees on the use of the GTCC as 

well as on any subsequent updates to the program. This training will include the 

potential impact on a cardholder’s credit rating. 

M. The Agency shall inform each employee considering applying for a GTCC 

that a credit check will be performed. Employees have the option to decline the 

credit check. If the employee declines the credit check, only a restricted card will 

be issued. Restricted travel cards are limited to $2,000 but may have the value 

raised with appropriate Agency approval to meet specific mission requirements. 

Should the employee opt to receive the restricted credit card, he/she will self 

certify to their creditworthiness. 

N. When TDY expenses are anticipated to exceed the employee’s credit card 

limit, the employee may request that the Agency make appropriate arrangements 

to increase the credit card limit as necessary to meet mission requirements. 

O. Upon request of the employee to the supervisor, the travel card issuing agent 

or Agency Program Coordinator (APC) may authorize increases in ATM cash 

withdrawal limits as needed to meet mission requirements. 

P. Any fees incurred by the employee as a result of a cancellation/change of 

TDY, either by the direction of the Agency or as the result of an approved request 

from the employee, will be reimbursed to the employee. Employees are required 

to notify the approving official as soon as possible of any circumstance that may 

warrant the cancellation/change of TDY. 

Q. The employee may pay his or her balance by mail, by phone or via the 

internet. Regular payment fees are not reimbursable. 

R. Employees who file timely travel claims upon completion of travel (defined by 

the Financial Management Regulation Vol. 9, Chapter 8, Section 080501 to be 

within 5 working days of return to the Permanent Duty Station) but fail to receive 

the allowable reimbursement in a timely manner (after 30 days of receipt of the 

travel claim) and who incur late fees in such cases from the card issuer will be 

authorized to submit a supplemental travel voucher to the servicing travel pay 

office for the reimbursement of the late fees assessed. Employees will also be 

entitled to the appropriate amount of interest authorized by the Prompt Payment 

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Act. This reimbursement provision also applies when an employee cannot file a 

timely claim due to actions of the Agency (e.g., delays in processing vouchers or 

issuing travel orders.) 

S. Outstanding Indebtedness and Delinquency Management 

1. In the event an employee’s account becomes 60 days delinquent, the 

Agency will contact the employee upon receipt of the 60 day notice. Employees 

will be contacted by the Agency Program Coordinator (APC) via email (when 

available) and advised that the employee should contact the APC as soon as 

possible to discuss an urgent matter related to their travel card. When email is 

not available, the Agency will advise the employee, via telephone or in writing of 

the delinquency. Written notices or emails will provide the name and phone 

number of the APC or other official the employee should contact to discuss the 

matter. 

2. Prior to an employee becoming subject to salary offset, the employee 

will be notified in writing, of his/her due process rights under the Debt Collection 

Act of 1982. The Agency will provide such employees with the procedures used 

for salary offset and will respond to questions from the employee regarding the 

process. In the event of an erroneous salary offset, the Agency will provide 

assistance to the employee to resolve the matter, including speaking with and 

writing to the servicing travel pay office on the employee’s behalf. For purposes 

of this paragraph, e-mail is a suitable means of communicating in writing. The 

employee will be provided a copy of the written communication. 

3. When mission-critical travel precludes filing of travel vouchers, 

including interim vouchers, and thereby precludes prompt payment of travel 

charge card bills, the APC is authorized, with the approval of the cardholder’s 

supervisor, to advise the card contractor and ensure that the cardholder’s 

account is designated by the card contractor as mission critical status. Missioncritical travel is defined as travel performed by DOD personnel under competent 

orders and performing duties that, through no fault of their own, prevents the 

traveler from filing travel vouchers and paying the travel card bills. Mission 

critical status must be reflected on the travel orders in order for the traveler to be 

reimbursed for any late charges incurred while in this status. An individual 

charge card account must have been placed in mission critical status before the 

account was suspended. Should there be outstanding bills, the bills shall be 

settled within 45 days of removal from this status. The APC should work with the 

traveler and supervisor to ensure interim vouchers can be processed. Expenses 

incurred prior to a deployment should be processed for payment through split 

disbursement before the individual departs for his/her assignment. 

4. While in a long-term travel status, the traveler shall file interim 

vouchers every 30 days, with split disbursement as the preferred means of 

settlement. 

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T. In the event of the death of the cardholder, the Agency will notify the 

cardholder’s family of any possible death benefits associated with the card. 

SECTION 7 - TEMPORARY DUTY ASSIGNMENTS

In accordance with the JTR, when the TDY assignment requires the employee to 

be away from their permanent duty station for more than 30 days and the 

assignment does not require the employee to remain at the place of TDY on nonworkdays: 

1. the approving official may direct, in the TDY orders, that the employee 

return to their permanent duty station for the non-workdays provided that the cost 

to the Government for round trip transportation and per diem or actual expense 

allowance is less than the per diem or actual expense allowance that would have 

been payable had the employee remained at the place of TDY and the 

employee's availability for duty on the scheduled TDY workdays is not affected 

adversely; or 

2. the employee may voluntarily return to their permanent duty station 

provided that their availability for duty on the scheduled TDY workdays is not 

affected adversely. In the instances of voluntary return, the maximum 

reimbursement to the employee for the round trip shall not exceed the per diem 

or actual expense allowance to which the employee would have been entitled 

had they remained at the place of TDY. 

SECTION 8 - MODES OF TRANSPORTATION

A. In accordance with the JTR, the approving official shall determine the mode of 

transportation which is most advantageous to the Government. In selecting the 

particular method of transportation to be used, the approving official shall 

consider the nature and duties of the employee requiring travel, the total cost to 

the Government, the total distance of travel, the number of points to be visited 

and energy conservation. 

B. If an approving official determines that a vehicle is required for travel, a 

Government-owned or leased vehicle shall be used whenever it is reasonably 

available. The use of POC may be authorized only if it is more advantageous to 

the Government or for the convenience of the Government. The Agency will not 

direct the use of a POC by an employee as either a driver or as a passenger. 

C. When an employee elects to travel by a method of transportation other than 

that officially approved, reimbursement to the employee shall be limited to the 

cost on a constructive basis that would have been incurred by the Government 

for the officially approved mode of transportation or the actual cost incurred by 

the employee, whichever is less. 

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SECTION 9 - AUTHORIZED CALLS WHILE ON TDY

Employees traveling for more than one night on Government business in CONUS 

may request a Government telephone calling card to be utilized for official 

business calls and authorized personal calls. Employees may use the 

Government telephone calling card for authorized personal calls not to exceed 20 

minutes per day. The Government telephone calling card is the only approved 

means for authorized personal calls. 

SECTION 10 - PERSONAL ACCOMMODATIONS

Employees on TDY travel in CONUS will be authorized private sleeping and 

bathroom facilities. In circumstances beyond the Agency’s control, employees 

may be required to utilize shared accommodations and/or facilities. 

SECTION 11 - TRANSPORTATION

The Agency will authorize appropriate transportation to employees when on TDY 

in accordance with the JTR. 

SECTION 12 - TRAVEL RELATED SAFETY AND HEALTH

A. Employees will report any problems associated with Government vehicles for 

further investigation. The Agency will investigate and take appropriate action. If 

an employee reasonably believes a vehicle is unsafe for operation, the employee 

may elect to not utilize that vehicle. 

B. Government vehicles reported and verified as unsafe for operation shall not 

be issued for further use until repaired. 

C. Employees are required to report accidents and mishaps that occur while 

TDY as soon as possible. 

D. In cases of unanticipated absences, the employee is responsible for 

contacting the TDY location point of contact and the employee’s supervisor. If 

the employee fails to report for duty, the Agency TDY location point of contact will 

contact the employee’s supervisor who will then attempt to account for the 

missing employee. 

E. Employees using GOVs or POCs to perform official travel may request a cell 

phone or other communication device if available. This cell phone or other 

communication device will be used for official business and to notify 

management and family of an emergency condition or situation. 

F. When an employee is officially authorized to use their privately owned vehicle 

for the convenience of the Government and that vehicle breaks down or is 

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otherwise inoperative, the employee shall be in a duty status in connection with 

emergency repairs to the vehicle if the breakdown occurs while the employee is 

in an official travel status. In such situations, the employee will, as soon as 

practicable, provide the supervisor with an estimate of the situation and obtain 

appropriate instructions. 

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ARTICLE 34 

TRAVEL GAIN-SHARING AWARDS 

SECTION 1 - GENERAL

A. The Government Employees Incentive Awards Act, 5 U.S.C. § 4501-4507, 

authorizes an Agency to pay a cash award for efficiency or economy. The 

Agency will begin a program that rewards employees who save the Agency 

money from the use of less expensive lodging while on TDY. 

B. Employee participation in this program is voluntary. 

SECTION 2 - TYPES OF COSTS COVERED

Only lodging expenses associated with TDY will be covered under this program. 

SECTION 3 - LODGING SAVINGS

A. The amount of the award for the employee will be 50 percent of the savings 

on lodging expenses. Taxes will be withheld (Federal, State, local, FICA) on the 

award amount. 

B. In most cases, the cumulative savings to the Agency must be at least $400 

before the employee is eligible to receive an award. Awards will be processed 

prior to reaching the minimum dollar limit when: 

 1. the employee leaves the Agency; or 

 2. it is the end of the fiscal year. 

C. Lodging savings may occur: 

 1. when employees stay with relatives or friends while on official travel 

and avoid lodging expenses. These employees will receive one-half of the 

lodging rate for the locality toward the travel savings award; 

 2. when savings result from shared accommodations; or 

 3. when savings result from staying at a hotel with rates less than the 

government contract rates for the per diem.

D. Lodging savings will not occur: 

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 1. when an employee is on travel where lodging was prepaid or 

prearranged through contractual arrangements with the hotel except if savings 

result from shared accommodations; 

 2. for lodging savings at hotels identified under the General Services 

Administration Federal Premier Lodging Program, unless accommodations are 

shared with another employee on travel; 

 3. for lodging costs incurred on personal time such as annual leave during 

official travel or any other type of personal preference travel used in conjunction 

with official travel; or 

 4. when lodging for extended TDY has been contracted by the 

employee’s organization through a lease or purchase order. 

E. Employees should not incur additional expenses in transportation or other 

miscellaneous costs in effort to reduce lodging expenses. Employees who incur 

additional transportation expenses must have those expenses deducted from 

their lodging savings. Examples of excess transportation costs include, but are 

not limited to, renting a vehicle (when one would not normally be rented) at a 

TDY site to travel to a place of free or reduced lodging; when driving a privately 

owned vehicle (POV) more miles than would normally be traveled to/from the 

TDY site to obtain free or reduced lodging; or where a taxi fare is incurred which 

would not normally have been incurred to obtain free or reduced lodging. 

Additional duty time for travel is considered an additional expense. The 

approving official must determine if other transportation expenses incurred were 

excessive. 

F. All employees must utilize hotels/motels that meet the requirements of the 

Hotel and Motel Fire Safety Act of 1990. The list may be accessed through the 

Internet at http://www.usfa.fema.gov/hotel/index/htm. 

G. All TDY travel with lodging expenses, foreign and domestic, will be covered 

under this program. PCS travel is excluded from the gainsharing program. 

H. The first 30 days of extended TDY travel (e.g., a detail of more than 30 days 

where a reduced per diem amount is required) qualify for gainsharing, except 

when lodging has been contracted by an employee’s organization through a 

lease or purchase order. 

SECTION 4 - PILOT PROGRAM

The Agency will conduct a one year pilot study to evaluate the efficacy of the 

gainsharing program. At that time, the program may be expanded to include 

additional areas should further cost saving potential be identified. Prior to any 

implementation, the Agency, in coordination with the Union, will publish guidance 

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and instructions. The pilot will begin not later than 6 months after signing of the 

Agreement. 

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ARTICLE 35 

TRANSPORTATION SUBSIDY 

SECTION 1 - POLICY

The Agency will administer the Transportation Incentive Program in accordance 

with Executive Order 13150 of April 21, 2000 and DoD Memorandum dated 13 

October 2000 and any subsequent amendments thereto. 

SECTION 2 - PROGRAM 

A. National Capital Region (NCR) - The Agency must provide personnel 

vouchers or similar items that may be exchanged only for transit passes that do 

not exceed commuting costs up to the maximum allowed by the Internal 

Revenue Code (IRC). 

B. Outside the National Capital Region - The Agency must offer personnel a 

transportation incentive program identical to the program offered to personnel 

inside the NCR except where vouchers are not readily available. If vouchers are 

not readily available, the Agency shall implement a cash reimbursement program 

to reimburse its employees for expenses incurred or paid by them for 

transportation via mass transit or van pools. 

SECTION 3 - UNUSED VOUCHERS

 

If an employee purchases their pass/voucher in good faith to use for work but is 

unable to use the pass/voucher due to events that were unforeseen at the time of 

purchase, i.e., illness, TDY assignments, weather, etc., the employee will turn in 

the unused pass/voucher and the authorizing official will approve the request in 

the same good faith and allow for reimbursement. 

SECTION 4 - REIMBURSEMENT 

Reimbursement will be claimed in quarterly increments for actual costs incurred 

up to the maximum allowable amount via SF 1164, Claim for Reimbursement for 

Expenditures On Official Business. If the request for reimbursement is denied 

the employee may file a grievance in accordance with Article 30. 

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ARTICLE 36 

DEPLOYABLE EMPLOYEES 

CONTINGENCY CAS AND EMERGENCY ESSENTIAL (EE) POSITIONS 

The Union supports and encourages the Agency’s use of volunteers for 

deployments. 

SECTION 1 - PAY AND ALLOWANCES DURING DEPLOYMENTS

Employees shall receive pay and allowances in accordance with law and 

regulation. 

SECTION 2 - TRAVEL

A. Employees shall be given appropriate quarters while at a Contingency 

Remote Site (CRS)/ Basic Contingency Operations Training (BCOT) in 

accordance with the host component’s regulations and /or policy prior to and 

after deployment. If government quarters are not available, commercial lodging 

and per diem shall be authorized. 

B. Employees shall travel on conveyances in accordance with applicable laws 

and travel regulations. 

C. Employees may be authorized to take leave or layover a weekend during 

their return at the end of their deployment. 

D. Employees shall not be required to travel outside of normal duty hours or on 

weekends whenever possible. If travel outside of normal duty hours or on 

weekends is required, the employee shall be compensated in accordance with 

governing law or regulation. Rest stops will be provided in accordance with 

applicable laws and regulations. 

E. Employees shall be provided government transportation, but in those special 

circumstances when the government transportation is inappropriate, the 

employee shall be reimbursed for in-and-around transportation (taxi, bus, or rail) 

in accordance with the travel regulation during pre and post deployment. 

SECTION 3 - HOUSING WHILE DEPLOYED

Employees shall be authorized lodging appropriate to their grade, per diem and 

other entitlements, as appropriate to the threat level and location to which they 

are deployed. 

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SECTION 4 - EQUIPMENT AND TRAINING

All deployed individuals will be entitled to protective equipment and training 

commensurate with the anticipated threat and theater policy. 

SECTION 5 - AWARDS

A. Employees shall be eligible to earn awards in accordance with the DCMA 

Employee Awards and Recognition Program. 

B. Civilian employees may be granted up to a 40 hour time-off award after 

deployment. 

SECTION 6 - IMMUNIZATIONS/MEDICATIONS

Employees shall be informed of the immunizations/medications to be required in 

the theater(s) to which they may be deployed. This information will be posted on 

the Agency’s web page for review at any time. This web site will also provide 

links to current information available on the potential side effects of any 

mandatory immunizations/medications. 

SECTION 7 - REPRESENTATION

A. In accordance with Article 1, bargaining unit employees will continue to be 

represented by AFGE while deployed. The Agency will provide the DCMA 

Council with a copy of the BCOT briefing when updates are made. 

B. Changes in employment conditions of bargaining unit employees deployed 

require notification to the Union and an opportunity to bargain. During a 

contingency or emergency, management officials may take actions requiring an 

immediate response even if conditions of employment of bargaining unit 

members are affected. In such cases, the Union should be advised of the 

immediate changes being made and offered an opportunity for postimplementation bargaining at the earliest possible date. Any agreement reached 

during this bargaining should be applied retroactively, if practical. 

SECTION 8 - REOPENER

Should the Agency find it necessary to designate all acquisition positions as 

Emergency Essential, the Union shall have the right to renegotiate this article.

SECTION 9 - INVOLUNTARY DEPLOYMENT

A. Should the Agency determine it is necessary to deploy bargaining unit 

employees involuntarily, TDY in the employee’s current position will be 

considered before reassignments or details to EE positions. 

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B. Involuntary TDY assignments will be rotated among equally qualified (based 

on knowledge, skills, and abilities) and available employees with requisite skills in 

inverse order of seniority, based on SCD. 

C. Reassignments and details for involuntary deployments will be implemented 

in accordance with the criteria in Article 40. 

D. Management will consider personal hardships when deploying bargaining unit 

employees. 

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ARTICLE 37 

HOURS OF DUTY 

SECTION 1 - GENERAL

The Agency and the Union agree that within the parameters stipulated in Section 

2 and 3, the establishment of work schedules and the administration of this 

Article are matters for negotiation at the Agency level.

SECTION 2 - DEFINITIONS

A. Administrative Work Week: Normally Monday through Friday. 

 

B. Alternative Work Schedules: Both flexible work schedules and compressed 

work schedules. 

C. Basic Work Requirement (BWR): The number of hours, excluding overtime 

hours, an employee is required to work or to account for by charging leave, credit 

hours, excused absence, holiday hours, compensatory time off or time off as an 

award. 

D. Compressed Work Schedule: 

1. In the case of a full-time employee, an 80-hour biweekly BWR which is 

scheduled for less than 10 workdays and, in the case of a part-time employee, a 

biweekly BWR of less than 80 hours that is scheduled for less than 10 workdays 

and that may require the employee to work more than 8 hours in a day. (See 5 

U.S.C. § 6121(5)). 

2. Compressed work schedules are always fixed schedules. Examples 

are: 

 a. 4/10: Employees work four (4) ten-hour days and schedule 

 one (1) day per week off. 

 b. 5/4/9: The schedule covers a two-week period where the 

 employee works eight (8) nine-hour days and one (1) eight-hour day with 

 one day off scheduled during that biweekly pay period. 

E. Core Hours: Hours of duty between 0830 -1100 and 1300 -1430 when the 

employee must be available for duty. Core hours are only applicable to the 

flexible schedule. 

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F. Credit Hours: The hours within a flexible work schedule that an employee 

elects to work in excess of an employee’s BWR so as to vary the length of a 

workweek or workday. 

G. Duty Hours: Hours that employees must work between 0600-1800 with a 

mandatory lunch period of no less than 30 minutes. 

H. Flexible Hours: The times during the workday, workweek or pay period within 

the tour of duty during which an employee covered by a flexible work schedule 

may choose to vary his or her times of arrival to and departure from the work-site 

consistent with the duties and requirements of the position. 

I. Flexible Work Schedules: Consists of a flexible band of hours during which an 

employee may vary his or her arrival and departure time on a daily basis, during 

which the employee must be present for work in accordance with 5 U.S.C. 6122, 

that: 

1. in the case of a full-time employee, has an 80-hour biweekly BWR that 

allows an employee to determine his or her own schedule within the limits set by 

the Agency; and 

2. in the case of a part-time employee, has a biweekly basic work 

requirement of less than 80 hours that allows an employee to determine his or 

her own schedule within the limits set by the Agency. 

J. Maxi-Flex Work Schedule: A type of flexible work schedule that contains core 

hours on fewer than 10 workdays in the biweekly pay period and in which a fulltime employee has a basic work requirement of 80 hours for the biweekly pay 

period, but in which an employee may vary the number of hours worked on a 

given workday or the number of hours each week within the limits established for 

the organization. 

K. Standard Work Schedules: Eight hours a day, five days a week, with a set 

arrival and departure time. 

L. Tour of Duty: The limits set by the Agency within which an employee must 

complete his or her BWR under a flexible work schedule. Under a compressed 

work schedule or other fixed schedule, tour of duty is synonymous with BWR. 

M. Time Accounting Method: The Agency-wide method for employees recording 

and reporting their time will be via the PLAS system or any subsequent advance 

in technology. No other time accounting method is authorized. All employees 

are required to record and report all leave used as well as all compensatory time 

and overtime earned and used. Additionally, employees on flexible schedules 

will record all earned and used credit hours per pay cycle. 

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N. Full-Time Work Schedule: A schedule that requires employees to work a 

prearranged scheduled tour of duty that is usually 40 hours per week. 

O. Part-Time Work Schedule: A schedule that requires employees to work a 

prearranged scheduled tour of duty for a specific number of hours, usually 

between 16 and 32 hours per week. 

P. Intermittent Employee: One who works on an irregular basis for which there 

is no prearranged tour of duty. 

Q. Rotating Tour of Duty: A regularly scheduled tour that periodically requires 

service on a different shift. 

R. Seasonal Employee: An employee works on an annual recurring basis for a 

period of less than 12 months each year. He/she may have full-time, part time or 

intermittent work schedules during his or her work season. 

S. On-Call Employee: One who works when needed during periods of heavy 

workload with expected cumulative service of at least 6 months in a pay status 

each year. He/she may have either a full time or a part time schedule when in a 

pay status. 

SECTION 3 - PROCEDURES FOR ESTABLISHING STANDARD WORK 

SCHEDULES 

A. Initially, employees will submit their proposed work schedule to their 

supervisor or designee. The supervisor or designee will review and 

approve/disapprove the proposed schedule in writing within a reasonable amount 

of time. 

B. Supervisors may adjust a standard work schedule to meet mission needs or 

for performance or conduct problems. The employee will receive a reasonable 

amount of notice of the change and the reason for it. 

C. Any unresolved issues can be pursued through normal grievance procedures.

D. Consistent with regulations, unless a manager finds that it would adversely 

impact his/her organization in carrying out its function or would substantially 

increase operating costs, the following rules apply in initially establishing or 

changing standard work schedules within an organization: 

 1. assign tours of duty at least one week in advance; 

 2. schedule work on 5 days, Monday through Friday, when possible, with 

2 consecutive days off; 

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 3. set consistent working hours when possible, anywhere between the 

hours of 6 am and 6 pm; 

 4. workday may not exceed 8 hours (without incurring overtime 

entitlements) unless the employee is covered by an alternative work schedule; 

 5. scheduled lunch breaks under a standard work schedule may not 

exceed 1 hour. During this period, an employee is off duty and in a nonpay 

status. If he/she is required to perform duties (that is work) during a lunch break, 

the employee is entitled to pay for that period; and 

 6. basic workweek cannot be rescheduled to avoid paying holiday pay. 

SECTION 4 - PROCEDURES FOR ESTABLISHING ALTERNATIVE WORK 

SCHEDULES

A. Initially, employees will submit their proposed work schedule to their 

supervisor or designee. Election of a flexible or compressed work schedule is 

contingent upon the ability to ensure mission operations. The supervisor or 

designee will review and approve/disapprove the proposed schedule in writing 

within a reasonable amount of time. 

B. Supervisors may take an employee off a flexible or compressed work 

schedule to meet mission needs or for performance or conduct problems. The 

employee will receive a reasonable amount of notice of the change and the 

reason for it. 

C. If more employees request the same work schedule or day(s) off than can be 

accommodated, application of seniority based on SCD will determine which 

employees will have the work schedules and/or day off. 

 

D. Scheduled lunch breaks under a flexible work schedule may not exceed 2 

hours, and under a compressed work schedule may not exceed 1 hour. During 

this period an employee is off duty and in a nonpay status. If he/she is required 

to perform duties (that is work) during a lunch break, the employee is entitled to 

pay for that period. 

E. Any unresolved issues can be pursued through normal grievance procedures. 

F. The basic workweek cannot be rescheduled to avoid paying holiday pay. 

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SECTION 5 - PROCEDURES FOR ESTABLISHING SPECIAL TEMPORARY

WORK SCHEDULES

A. Special Tour of Duty for Educational Purposes: Managers may establish 

work schedules that allow an employee to take courses at a college, university or 

educational institution. The courses taken need not be directly related to the 

work of DCMA nor be considered training under law, but they should contribute 

to making the employee a more effective worker in DCMA. Under these 

circumstances, rescheduling the customary workweek is permitted when it does 

not significantly interfere with the employee completing work assignments. The 

employee is still responsible for a full 40 hour work week. Premium pay may not 

be paid for those duty hours that are rescheduled. 

B. Time on Official Travel: To the maximum extent possible, managers should 

schedule travel within an employee’s regularly scheduled workweek. In 

scheduling temporary duty travel for employees, managers and supervisors 

should comply with this guideline. Compensatory time for travel will be earned in 

accordance with governing laws and regulations. 

C. Temporary Duty: When an employee covered by a FWS is assigned to a 

temporary duty station using another schedule, either traditional or AWS, the 

Agency may allow the employee to continue to use the schedule used at his or 

her permanent work site if suitable or require the employee to change the 

schedule to conform to operations at the temporary work site. 

SECTION 6 - CREDIT HOURS

Credit hours may be worked only by employees covered by a FWS. Employees 

may request to work credit hours subject to supervisory approval. When 

employees use accrued credit hours, such hours are counted as a part of the 

basic work requirement for the pay period to which they are applied. Employees 

are entitled to their rate of basic pay for credit hours, and credit hours may not be 

used by employees to create or increase entitlement to overtime pay. 

Employees may earn no more than 4 credit hours daily during the administrative 

work week. In accordance with applicable law, a full-time employee may only 

carry up to 24 hours from a biweekly pay period to a succeeding biweekly pay 

period. When an employee is no longer covered by a flexible work schedule, 

he/she must be paid for accumulated credit hours at his/her current rate of pay. 

An employee may not be compensated for credit hours for any other reason. 

Payment for accumulated credit hours is limited to a maximum of 24 hours for a 

full-time employee. 

SECTION 7 - HOLIDAYS

A. General 

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Under 5 U.S.C. Chapter 61 and 5 CFR Part 610, the number of hours an 

employee is entitled to for holiday leave is treated differently for employees on 

flexible schedules and compressed schedules. 

 1. Flexible Work Schedules – An employee on a flexible schedule who is 

relieved or prevented from working on a day designated as a holiday: 

 a. is entitled to eight hours of basic pay for that day regardless of 

 the individual tour (or in the case of a part-time employee, the number of 

 hours designated on their Notification of Personnel Action [SF-50] and in 

 accordance with applicable laws and regulations); 

 

 b. may take leave for the additional hour or hours necessary to 

 complete 80 hours BWR for the pay period; or 

 c. with supervisory approval, may work the additional hour(s) to 

 make up the difference. 

 2. Compressed Work Schedules 

 a. an employee on a compressed work schedule who is relieved 

 or prevented from working on a day designated as a holiday is entitled to 

 basic pay for the number of hours that they were scheduled to work on 

 that day, not to exceed 10 hours. 

 b. when a holiday falls on a day that an employee is regularly 

 scheduled to work, the scheduled workday is the employee’s holiday. 

 When a holiday falls on a non-workday, the following applies: 

 (1) if the holiday falls on a Sunday, the first regularly scheduled 

 workday following the Sunday holiday is the employee’s “in lieu of” 

 holiday; or 

 (2) if the holiday is not a Sunday, the last regularly scheduled 

 workday preceding the holiday is the employee’s “in lieu of” holiday. 

B. Part Time Employees 

1. Part-time employees are not entitled to an “in lieu of” day for a holiday 

that falls on an employee’s day off. [5 CFR 610.405(i)] 

 2. Part-time employees receive their regular pay for holidays falling on 

their regularly scheduled workdays. When an installation is closed for an “in lieu 

of” holiday that falls on a part-time employee’s regularly scheduled workday and 

the employee is prevented from working on that day, the Agency will grant the 

employee administrative leave for the hours scheduled to be worked on that day. 

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An employee who is in a pay status either immediately preceding or succeeding 

a holiday is entitled to pay for the holiday. 

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ARTICLE 38 

OVERTIME ASSIGNMENTS 

SECTION 1 - GENERAL

A. As a general rule, overtime work means each hour of work in excess of the 

employee’s normal tour of duty in an administrative work week that is officially 

ordered and approved by management and performed by an employee. It is 

work that is not part of an employee’s regularly scheduled administrative 

workweek and for which an employee must be compensated. 

B. Payment for overtime worked or earning compensatory time in lieu thereof, 

shall be in accordance with applicable laws and Government-wide regulations. 

SECTION 2 - SCHEDULING AND APPROVAL OF OVERTIME

A. Whenever possible and as determined by the approving official, overtime 

work shall be scheduled in advance of and approved in writing (email is 

acceptable) prior to the date on which the overtime is to be worked. Where 

circumstances preclude the advance scheduling, overtime work may be 

approved orally and the oral approval reduced to writing prior to the submission 

of the Time and Attendance Report. 

B. To the maximum extent possible, overtime work shall be scheduled and 

approved in time periods of 15 minutes or multiples thereof. 

C. In assignment of overtime, the Agency agrees to provide the employee with 

advance notice whenever possible. Any employee designated to work overtime 

on Saturday or Sunday normally will be notified by noon Thursday. When 

overtime is to be performed on a holiday, normally two (2) workdays advance 

notice will be given to the employee. 

SECTION 3 - OVERTIME ROSTERS 

When necessary, overtime rosters may be established at the level of the 

immediate supervisor prior to overtime being worked as follows: 

 1. if a roster is established, all employees performing the same or similar 

duties on a regular basis are to be included on the same overtime roster,and are 

to be listed in order of their service computation date (unadjusted, from most to 

least senior). The overtime rosters will be made available to the employees on 

the roster; 

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 2. rosters for each job category will be maintained and labeled "voluntary 

overtime" and another for each job category will be maintained and labeled 

"mandatory overtime". If needed, another will be maintained and labeled 

 "call- back overtime; 

 3. employees assigned (either on a permanent or a temporary basis) to a 

supervisor's work unit after the rosters are established will be placed at the 

bottom of the roster; and 

 4. if an employee is detailed or otherwise temporarily reassigned out of a 

supervisor's work unit, the employee shall not be considered available for 

overtime assignment under the losing supervisor's overtime roster for the 

duration of such temporary assignment. 

SECTION 4 - DISTRIBUTION

A. To the maximum extent possible, overtime assignments to employees within 

an organizational element shall be on a fair and equitable basis. A rotational 

system will be established whereby every fully qualified employee, including 

detailed-in personnel within a team, will be given the opportunity to work overtime 

assignments. 

 1. Overtime assignments shall not be made as a reward or punishment. 

 2. The use of official time during a pay period shall not be sufficient cause 

to exclude an employee from working overtime. 

 3. Refusal to work voluntary overtime shall not reflect unfavorably on an 

employee’s performance appraisal or the option to work future overtime. 

B. When overtime is required and familiarity with the project or particular 

expertise are required for continuity or efficiency, employees normally assigned 

to the duties will perform the overtime work. 

C. When particular expertise or familiarity with the project are not required for 

the performance of an overtime assignment, supervisors will solicit volunteers for 

such overtime assignments by announcing the particulars of the overtime 

assignment to the employees in the needed job category who are on duty at the 

time. 

1. If more employees volunteer than are needed, the supervisor shall go 

to the voluntary overtime roster, as provided in Section 3 above, and assign the 

overtime to the volunteer (or volunteers if more than one employee is needed) 

beginning with the name immediately below the last person on the roster to have 

worked a voluntary overtime assignment. 

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2. If there are insufficient volunteers and employees have to be directed 

to work overtime assignments, the supervisor shall go to the “mandatory 

overtime roster”, as provided in Section 3 above, and assign the overtime to the 

employee (or employees) beginning with the employee immediately below the 

last person on the “mandatory overtime roster” to have worked a mandatory 

overtime assignment. The supervisor will notify the Union as soon as possible 

when using a “mandatory overtime roster”. 

D. Trainees may be considered for overtime assignments provided they are fully 

qualified to perform the necessary duties. Those employees on detail will be 

considered for overtime assignments in their detailed section/unit/work area 

provided they are fully qualified to perform the necessary duties. 

SECTION 5 - CALL-BACK

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

performed by an employee for which they are required to return to the place of 

employment to perform the work or on a day when work was not scheduled for 

them. 

B. Employees shall be provided advance notice, whenever possible of the 

requirement to perform callback overtime work. 

C. An employee who is called back to work at a time outside of and unconnected 

with his or her scheduled hours of work within the basic work week will receive a 

minimum of 2 hours of overtime pay. 

D. Unless a “call-back overtime” assignment requires special skill, familiarity with 

the work or quick responses, call-back overtime will be rotated among employees 

pursuant to Section 4 C. 

E. When it is first determined that call-back assignments are necessary, the 

official responsible for call-back will use the call-back roster and make the 

assignment starting with the first name on the roster that he or she is able to 

contact. As successive call-back assignments are necessary, the official 

responsible for call-back will commence calling or making assignments with the 

name immediately below that person who last worked a call-back assignment 

and make the assignment to the first employee or employees that he or she is 

able to contact. 

SECTION 6 - TIME SPENT ON STANDBY DUTY AND OR IN AN ON-CALL 

STATUS

A. On-call status is defined as those occasional situations when an employee is 

notified that they are subject to call during a specified period of time outside their 

normal tour of duty. Overtime shall be approved only for the specified period of 

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the on-call condition which qualifies as “hours of work” as defined by the 

governing laws and regulations. 

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

shall not be considered hours of work if: 

 

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

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

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

 2. the employee is allowed to make arrangements such that any work 

which may arise during the on-call period will be performed by another 

person. 

C. Standby Duty - an employee is on duty, and time spent on standby duty is 

hours of work if, for work-related reasons, the employee is restricted by official 

order to a designated post of duty and is assigned to be in a state of readiness to 

perform work with limitations on the employee’s activities so substantial that the 

employee cannot use the time effectively for his or her own purposes. A finding 

that an employee’s activities are substantially limited may not be based on the 

fact that an employee is subject to restrictions necessary to ensure that the 

employee will be able to perform his or her duties and responsibilities, such as 

restrictions on alcohol consumption or use of certain medications. An employee 

is not considered restricted for work-related reasons if, for example, the 

employee remains at the post of duty voluntarily or if the restriction is a natural 

result of geographic isolation or the fact that the employee resides on the 

Agency’s premises. 

D. Compensation for time spent in On-Call Status and Standby Duty will be 

determined in accordance with applicable laws and regulations. 

SECTION 7 - CHANGES TO EMPLOYEE’S WORK SCHEDULES

An employee’s work schedule may be changed to meet mission/operational 

needs. An employee’s regularly scheduled workday or workweek shall not be 

changed solely to avoid payment of overtime or earning of compensatory time. 

SECTION 8 - COMPENSATORY TIME

A. FLSA Non-Exempt employees may elect to earn compensatory time in lieu of 

being paid overtime. 

B. The employee may request that accrued compensatory time be charged in 

lieu of annual leave, sick leave, or leave without pay. 

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C. Compensatory time earned by employees must be used within 26 pay 

periods. At the end of twenty-six (26) pay periods, compensatory time not used 

will be paid to the employee at the overtime rate in effect at the time it was 

earned. 

SECTION 9 - UNCOMPENSATED WORK

A. The Agency will not permit performance of work without compensation. 

B. Supervisors shall not direct, request, suggest, authorize or take any action 

which implies approval for employees to perform gratuitous services. 

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ARTICLE 39 

TELEWORK 

SECTION 1 - PURPOSE

A. The Agency and the DCMA Council jointly recognize the mutual benefits of a 

flexible workplace program to the Agency and its employees. 

B. The parties also agree that balancing work and family responsibilities, 

assistance to disabled employees, and meeting environmental, financial, and 

commuting concerns are among its advantages. The DCMA Telework Program 

will: 

 1. promote the Agency as an employer of choice; 

 2. improve the recruitment and retention of high-quality employees 

through enhancements to employees’ quality of life assisting the Agency in 

achieving its Human Capital Goals; 

 3. demonstrate support of “family-friendly” initiatives; 

 4. enhance Agency’s efforts to employ and accommodate people with 

disabilities; 

 5. accommodate employee needs for convalescing from short term 

injuries or illnesses; 

 6. reduce traffic congestion and decrease energy consumption and 

pollution emissions; 

 7. reduce office space, parking facilities and transportation costs, 

including costs associated with payment of the transportation subsidy; and 

 8. complement Continuity of Operations Program (COOP) plans. 

C. Time otherwise spent commuting may be spent with family or in other 

activities, thus giving employees more options to balance work and personal 

demands, resulting in improved morale. It also improves the quality of work life 

by providing a distraction-free and stress-free environment. 

D. In recognizing these benefits, successful implementation of this program 

requires leadership and support from both parties. The parties also acknowledge 

the needs of the Agency to accomplish its mission. 

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E. Applicable law, government wide rules and regulations and this Article will 

govern the DCMA telework program. Any telework program established will be a 

voluntary program that permits employees to work at home or at other approved 

sites. 

SECTION 2 - DEFINITIONS

Ad hoc telework: approved telework performed on an occasional or irregular 

basis. 

Alternative worksite: a place away from the traditional worksite that has been 

approved for the performance of officially assigned duties and as appropriately 

negotiated in accordance with this agreement. It may be an employee’s home, a 

telework center, or other approved worksite including a facility established by 

state, local, or county governments or private sector organizations for use by 

teleworkers. It also includes designated space in another organization, Agency 

work site or contractor facility that is closer to the employee’s residence.

Designated Approving Authority (DAA): responsible management official who 

approves use of personal computers and equipment for telework purposes. 

Within DCMA, the DAA is the Executive Director, Information Technology (IT) 

and Chief Information Officer or designee. 

Regular and recurring telework: an approved work schedule where eligible 

employees regularly work at least one day per biweekly pay period at an 

alternative worksite. 

Telework: any arrangement in which an employee performs officially assigned 

duties at an alternative worksite on either a regular and recurring, or on an ad 

hoc basis (not including while on official travel). 

Telework agreement: a written agreement, completed and signed by an 

employee and authorized official(s) in their organization, that outlines the terms 

and conditions of the telework arrangement. 

Traditional worksite: the location where an employee would work absent a 

telework arrangement. 

Work-at-home telework: an approved arrangement whereby an employee 

performs official duties in a specified work or office area(s) of his or her home. 

SECTION 3 - PROCEDURE

Employee participation in the telework program is strictly voluntary. 

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A. Eligibility Requirements 

 1. The parties recognize that some tasks and functions are generally 

suited for telework and include, but are not limited to; 

 a. thinking and writing; 

 b. policy development; 

 c. research; 

 d. analysis; 

 e. report writing; 

 f. telephone-intensive tasks; 

 g. computer-oriented tasks; or 

 h. data processing 

 2. Employee characteristics indicating suitability for telework: 

 a. dependability and the ability to handle responsibility; 

 b. proven record of high personal motivation; 

 c. ability to prioritize work effectively and utilize good time 

 management skills; 

 d. proven or expected performance rating of Fully Successful;

 e. is not in a probationary status, not to exceed the first year of 

 service in the event the employee serves a probationary period longer 

 than that; 

 f. does not have a disciplinary action in their OPF during the prior 

12 month period from the date they requested to telework. This provision 

may be waived by the telework approving official; and 

 g. is not under a letter of leave restriction. This provision may be 

waived by the telework approving official. 

 3. The parties recognize that some positions are not generally eligible for 

telework. These positions: 

 a. require the employee to have daily face-to-face contact with the 

 supervisor, colleagues, clients or the general public in order to perform his 

 or her job effectively, which cannot otherwise be achieved via email, 

telephone, fax or similar electronic means; 

 b. require daily access to classified information; or 

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 c. are trainee or entry-level positions.

B. Approval 

 1. Prior to commencement of regular and recurring telework 

arrangements, the supervisor and the employee must complete and sign a 

Telework Agreement that outlines the terms and conditions of the arrangements. 

The purpose of the Telework Agreement is to prescribe the approved alternative 

worksite, telework scheduling and to address personnel and security issues. If 

the agreement is for work from home, the employee must designate one area of 

the home as the official workstation and must sign a safety checklist that 

proclaims the home safe. If the agreement is for a telecenter or other 

commercial location, the supervisor and the employee must complete the 

appropriate Telecommuting Facility Reimbursement Information Sheet,or other 

form required by the telecenter. 

 2. Prior to initiating ad hoc teleworking, the employee must complete and 

sign the safety checklist. The employee must obtain approval from his or her 

supervisor prior to each ad hoc telework. 

C. Disapproval 

1. If the supervisor disapproves the request, he or she will provide written 

notification to the employee specifying the reason(s) for disapproval within a 

reasonable period of time. Supervisory disapprovals are justifiable when the 

employee’s job performance is below Fully Successful, the specific duties can 

only be performed at the official duty station or the full eligibility criteria of the 

telework program have not been met. 

 2. An employee’s Union representative status or participation in Union 

activity will not be utilized in denying employees participation in telework or in 

terminating their participation from such. However, for purposes of telework, 

Union representational duties are not considered official agency duties and 

cannot be performed while the employee is in a telework status. See 68 FLRA 

No. 68 (October 8, 2004). 

D. Changes 

 1. Permanent changes to regular and recurring telework require a revised 

application and supervisor approval. 

2. Employees who telework must be available to work at the traditional 

worksite on telework days on an occasional basis if necessitated by work 

requirements. Conversely, requests by employees to change scheduled 

telework days in a particular week or biweekly pay period should be 

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accommodated by the supervisor wherever practicable consistent with mission 

requirements. 

E. Emergency Closing/Late Openings/Early Dismissals 

 

 1. Emergency dismissal or closure procedures for employees (including 

employees teleworking from an alternative worksite) in Federal executive 

agencies are prescribed by OPM on an annual basis. These procedures apply 

not just in adverse weather conditions (snow emergencies, severe icing 

conditions, floods, earthquakes and hurricanes), but in all kinds of emergency 

situations including air pollution, disruption of power and/or water and interruption 

of public transportation. These dismissal and closure procedures will be applied 

Agency-wide. 

 2. If a situation arises at the employee’s alternative worksite that results in 

the employee being unable to continue working e.g. power failure, the supervisor 

should determine action on a case-by-case basis. Depending on the particular 

circumstances, supervisors may grant the teleworker excused absence, offer the 

teleworker the option to take leave or use compensatory time off or credit hours, 

if applicable, or require the employee to report for work at the traditional worksite. 

 3. If the employee knows in advance of a situation that would preclude 

working at the alternative worksite, a change in work schedule, leave or work at 

the employee’s traditional worksite must be scheduled. 

F. Hours of Duty 

The existing rules on hours of duty apply to teleworking employees. An 

employee in a telework status must adhere to his or her approved work schedule. 

G. Employee Responsibilities 

 1. Employees on telework continue to be bound by the Executive Branch 

and DoD standards of ethical conduct while working at the alternative workplace 

or using government-furnished equipment. 

2. Employees on a telework arrangement will protect 

government/Agency/contractor records from unauthorized disclosure or damage 

and will comply with the Privacy Act of 1974, 5 U.S.C. 552a.

 

 3. Classified documents (hard copy or electronic) may not be taken by 

teleworkers to alternative worksites. Contractor proprietary data will not be taken 

by teleworkers to alternative worksites without approval. 

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 4. DCMA teleworkers are responsible for all official information, protection 

of any government-furnished equipment and property, and carrying out the 

mission of DCMA at the alternative worksite. Government data and information 

shall only be stored on media that the Agency provides for transporting the data 

and information between the alternative and traditional worksites. Government 

data or information shall be not be copied or duplicated to any computer or 

portable storage device or media except those provided by the Agency. 

 5. Use of personal computers and equipment for work on unclassified 

data must be consistent with Agency regulations. Employee-owned personal 

computers will be allowed to access DCMA systems and networks remotely in 

accordance with DCMA Instruction, Security – Configuration for Workstations 

Connected to Non-DCMA Networks. 

 6. Prior to each instance of telework, the employee will provide an out-ofoffice message on voicemail. A written message should also be posted in a 

conspicuous location for walk-up customers at the employee's permanent dutystation. These messages should convey that the employee is out of the office 

but is teleworking at another site and is available to be contacted for official 

business. 

H. Equipment and Facilities 

 1. In an effort to promote telework within the Agency, up to 200 computers 

(CPU, monitor, keyboard, mouse and associated cables) that are replaced on a 

periodic basis will be made available by the DAA on a first-come/first-served 

basis for employee use for regular and recurring telework at the alternate work 

site prior to being excessed. Should this equipment fail, the employee may 

continue to telework using their personal computer or secure another computer if 

available. However, the Agency has no obligation to provide maintenance. All 

equipment will be returned upon either termination of the Telework Agreement or 

failure of the equipment. 

2. The Agency will not be responsible for any operating costs e.g. ISP, 

phone line, home maintenance, insurance and utilities that are associated with 

use of the employee’s home as an alternative workplace except employee 

entitlement to reimbursement for authorized expenses incurred while conducting 

business for the government, as provided for by statute and regulations. The 

Agency agrees to reimburse an employee for any toll calls made for official 

business from an alternate work site or provide employees with telephone calling 

or credit cards. The Agency assumes no responsibility for any operating costs 

associated with an employee using their personal equipment. 

 I. Liability 

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 1. The Government is not liable for damages to the employee’s personal 

or real property while the employee is working at the approved alternative 

worksite, except to the extent provided by the Federal Tort Claims Act or the 

Military and Civilian Employees Claims Act. 

 2. The employee must protect all government-furnished equipment and 

software from possible theft and environmental damage. In cases of damage to 

unsecured equipment by non-employees, the employee will be held liable for 

repair or replacement of the equipment or software in compliance with applicable 

regulations on negligence.

J. Equipment 

The Agency will maintain a list of supplies and equipment available at each 

official duty station for teleworkers. Supplies will be provided at no cost to the 

employee. 

K. IT Support 

Employees will have access to the Helpdesk for assistance at all telework sites. 

L. Health and Safety 

 

1. DCMA employees continue to be covered by the Federal Employees 

Compensation Act (FECA) when injured or suffering from work-related illnesses 

while conducting official Government business regardless of the location. For 

work-at-home arrangements, the employee is required to designate one area in 

the home as the official work or office area that is suitable for the performance of 

official Government business. The Government’s potential exposure to liability is 

restricted to this official work or office area for the purposes of telework. 

 2. Work-at-home teleworkers must complete and sign a safety checklist 

that proclaims the home safe for an official home worksite to ensure that all 

requirements to do official work are met in an environment that allows the tasks 

to be performed safely. The employee agrees to permit access to the home 

worksite by Agency representatives as required, during normal working hours for 

a safety-related issue. The employee may request a Union representative 

accompany the Agency representative to the employee’s work site. 

M. Performance Management 

 1. Teleworkers’ performance should be monitored in the same manner as 

all employees at the traditional worksite. The performance standards should be 

based on a results-oriented approach and should describe the quantity and 

quality of expected work products and the method of evaluation. 

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 2. Teleworkers are required to complete all assigned work consistent with 

the approach adopted for all other employees in the work group, and according 

to standards and guidelines in the employee’s performance plan. 

N. Termination 

Telework agreements can be terminated by either the employee or the 

supervisor by giving advance written notice. 

O. Reports 

The Agency will provide the DCMA Council an annual consolidated report on 

participation rates in the DCMA Telework Program. 

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ARTICLE 40 

REASSIGNMENTS AND DETAILS 

SECTION 1 - GENERAL

A. A reassignment is defined as any change of an employee from one position to 

another without demotion or promotion within the Agency. 

B. A detail is the temporary assignment of an employee without change of civil 

service status or pay to a different position other than his/her official position, for 

a specified period of time, with the employee returning to his/her regular duties at 

the end of the detail. 

C. Normally, an employee will be notified in writing at least 15 days prior to an 

Agency-directed reassignment or 15 days prior to a detail that is expected to last 

more than 30 days. The DCMA Council Local will receive the same notification 

afforded the affected employee. The Agency will explain the rationale for this 

action upon request from the DCMA Council Local. 

SECTION 2 - REASSIGNMENTS

A. The Agency reserves the right to make reassignments based upon mission 

requirements. 

B. When the Agency finds it necessary to reassign employees due to staffing 

imbalances and the Agency determines there are more equally qualified 

individuals than the number of positions to be filled, volunteers will be solicited. 

Selections among those equally qualified volunteers will be based on the highest 

SCD. Should it become necessary to involuntarily reassign employees, the 

Agency will consider employee qualifications and capabilities, requirements of 

the position (knowledge, skills, and abilities), location of position, employee 

requests and commuting distance. Equally qualified candidates for reassignment 

will be reassigned in inverse order of seniority based on SCD. The Agency will 

ensure that the needs of employees with disabilities are considered in 

reassignment actions. 

C. Employees desiring reassignment within their current organization may apply 

directly to the supervisor of the vacant position for consideration. If the employee 

is selected for the reassignment, the employee normally will be released within 

30 days from the selection notification date. For employees who wish to be 

considered for reassignment to vacant positions in another organization, the 

employee may forward a resume to the organization’s Deputy 

Commander/Director. 

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D. Normally, the Agency will notify the impacted employees in advance of any 

permanent changes in assignment of their supervisor or team leader. 

SECTION 3 - DETAILS

A. Details are a way of satisfying mission requirements, future skill needs, 

improving job performance, broadening experience and demonstrating ability to 

perform at a higher level. Employees with disabilities may be considered for 

details. 

B. The Agency shall consider temporarily assigning an employee who is 

temporarily disabled from performing the full range of duties of their position to 

duties which the employee is qualified and capable of performing. 

C. The Agency has the right to direct employees to perform detail assignments 

as well as the obligation to make judicious use of this authority. Consideration 

will be given to the current performance of the employee, location of the position, 

the interest and availability of eligible employees, and their SCDs. The Agency 

shall inform the employee of the reason for the detail, including a written 

description of the duties, work direction, supervision and expected duration. 

Details will not be used as a substitute for a permanent personnel action such as 

promotion, reassignment, or appointment. A detail will be limited to the shortest 

practical time limits and will be terminated as soon as the need for the detail no 

longer exists. 

D. If allegations or accusations are made against employees (including 

employees duty-stationed at contractor facilities) and management determines it 

is in the best interests of the Government or for the protection of the employee to 

do so, the employee may be detailed or reassigned. Upon completion of the 

investigation, the Agency will initiate the appropriate personnel action. If the 

Agency determines an employee must be detailed or reassigned, the Agency will 

consider mission requirements and employee qualifications. When appropriate, 

the Agency will also seek and consider the employee’s personal preferences 

regarding their new position and duty location. 

E. Details of 30 calendar days or less do not require formal documentation and 

may be informally arranged between supervisors. Details of more than 30 days 

must be processed in increments of no more than 120 days, and will be 

documented using a formal personnel action. Upon the detailed employee’s

request, a detail of less than 30 days may be documented. 

F. When an employee is to be detailed to a higher graded position for more than 

30 days, he/she shall be temporarily promoted. Temporary promotions will not 

be used for the sole purpose of qualifying or enhancing an employee’s 

qualifications to permanently fill the position to which they are detailed. 

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G. Details to higher-graded positions for less than 30-days will be rotated among 

equally qualified employees. 

H. When possible, the Agency will consider making details on a rotational basis 

among employees given the nature and location of the duties to be performed 

and the duration of the anticipated assignment. Examples where details may be 

appropriate include, but are not limited to, the following: 

 1. to meet abnormal workload situations, mission changes, when a major 

reorganization or reduction-in-force is expected or due to unanticipated absences 

such as sick leave or emergency annual leave; and 

 2. pending official assignments, classification of new positions and for 

training purposes. 

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ARTICLE 41 

CONTRACTING OUT AND OUTSOURCING 

SECTION 1 - GENERAL

For the purposes of this Article, the term contracting out refers to decisions made 

by the Agency subject to the A-76 process. The term outsource as defined here 

applies when the Agency decides to use contractor support to supplement its 

current workforce in addressing fluctuations in mission workload. It is understood 

that the Agency retains the right to contract out work in accordance with 5 U.S.C. 

§ 7106(a)(2)(b). The decision to contract out is not subject to the negotiated 

grievance procedure. 

SECTION 2 - NOTIFICATION OF CONTRACTING OUT

A. The Agency will notify the DCMA Council at the time a study is initiated to 

contract out work which is presently being performed by members of the 

bargaining unit. 

B. The Agency will provide to the DCMA Council such information concerning 

the contracting out study as requested by the DCMA Council as long as the 

information is not restricted by Government wide law, rule, regulation or other 

directives and instructions. 

C. Should the Agency establish a Most Efficient Organization (MEO) or 

Performance Work Statement (PWS) team to implement the A-76 study, the 

DCMA Council may appoint a representative who will be a full participant 

throughout the entire A-76 process and will be governed by all laws and 

regulations. The Union’s team member must sign a non-disclosure statement. 

D. Should the Agency establish a Most Efficient Organization (MEO) or 

Performance Work Statement (PWS) team to implement the A-76 study, the 

DCMA Council may nominate an observer to offer their insight into the process. 

If the meetings involve management deliberations, the Union observer may be 

required to step out of the room to preserve the deliberative process. The parties 

agree to safeguard information, including proprietary information, consistent with 

applicable regulations. 

SECTION 3 - NEGOTIATIONS CONCERNING ADVERSE IMPACT OF 

CONTRACTING OUT

A. Upon award of a contract or implementation of a MEO that will adversely 

affect members of the bargaining unit, the Agency will notify the DCMA Council. 

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The DCMA Council may, within 15 calendar days, request negotiation with the 

Agency in accordance with 5 U.S.C. § 7106(b) (2) and (3) of the Civil Service 

Reform Act. Should Reduction in Force (RIF) procedures be required, the 

Agency will follow the provisions negotiated in Article 46 to attempt to minimize 

the adverse effects on bargaining unit employees (BUEs). 

B. The Agency and DCMA Council recognize the “right to first refusal” required 

by Federal Acquisition Regulation (FAR) 7.305(c). 

SECTION 4 - NOTIFICATION OF OUTSOURCING

The Agency will notify the DCMA Council in writing when it is has decided to 

outsource any job function within the Agency. The Agency recognizes its duty to 

satisfy its bargaining obligations should conditions of employment for BUEs be 

affected by its decision to outsource. Upon request, the Agency will discuss the 

outsourcing decision with the DCMA Council and provide information, if available 

and release of the information is not restricted by Government wide law, rule or 

regulation. 

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ARTICLE 42

PRODUCTIVITY

It is to the mutual advantage of the Agency and DCMA Council to work together 

to improve and increase the productivity of DCMA and the skills and capabilities 

of its employees. 

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ARTICLE 43 

RESEARCH PROGRAMS 

AND 

DEMONSTRATION PROJECTS 

SECTION 1 - SCOPE

For the purpose of this Agreement, research program means a planned study of 

the manner in which public management policies and systems are operating, the 

effect of those policies and systems, the possibilities for change and 

comparisons among policies and systems. Demonstration project means a 

project conducted by the OPM, or under its supervision, to determine whether a 

specified change in personnel management policies or procedures would result 

in improved Federal personnel management. 

SECTION 2 - OPM SPONSORED PROJECTS

In the event that the Agency is requested to participate in an OPM sponsored 

research or demonstration project under Chapter 47 of Title 5, United States 

Code, the Agency will: 

 1. Not approve any project involving BUEs: 

 a. if the project will violate this Agreement unless the DCMA 

 Council has agreed to permit its inclusion, pursuant to 5 U.S.C. § 

 4703(f)(1); or 

 b. until there has been consultation or negotiation, as appropriate, 

 with the DCMA Council, if the project is not covered by this Agreement, 

 pursuant to 5 U.S.C. § 4703(f)(2). 

 2. Abide by 5 U.S.C. § 4703(e) if OPM or the Agency determines the 

project creates a substantial hardship on or is not in the best interests of the 

public, the Federal Government or employees. 

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ARTICLE 44 

FURLOUGH OF 30 DAYS OR LESS 

SECTION 1- GENERAL

This Article establishes procedures and describes actions the Agency will take in 

the event of a furlough of 30 days or less (hereinafter furlough) in accordance 

with applicable law, Government-wide rule or regulation. This Article is intended 

to protect the interests of employees while allowing the Agency to exercise its 

rights and duties in carrying out the mission of the Agency. The Agency is 

responsible for assuring that applicable regulations and this Article are uniformly 

and consistently applied to any furlough. Furloughs of more than 30 days are 

handled under Article 46, Reduction in Force. 

SECTION 2 - DEFINITION

A furlough is the placing of an employee in a temporary nonduty, nonpay status 

because of lack of work or funds, or other non disciplinary reasons. 

SECTION 3 - NOTIFICATION

Whenever the Agency has determined a furlough is necessary, it shall notify the 

DCMA Council in order to negotiate appropriate arrangements. Whenever 

practicable, notice will be given in advance. The Agency agrees to furnish the 

DCMA Council all information pertinent to the cause of any furlough in 

accordance with laws governing public information and existing rules and 

regulations. 

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ARTICLE 45 

TRANSFER OF FUNCTION 

SECTION 1 - DEFINITION

A transfer of function is defined as the transfer of the performance of a continuing 

function from one competitive area and its addition to one or more other 

competitive areas, except when the function involved is virtually identical to 

functions already being performed in the other competitive area(s) affected, or 

the movement of the competitive area in which the function is performed to 

another commuting area. 

SECTION 2 - PROCEDURES

A. In transfers of function within DCMA, the Agency will provide notification to 

the DCMA Council not less than 60 calendar days prior to the effective date of 

any approved transfer of function. The DCMA Council may waive this notification 

period. 

B. Where employees are being relocated to a different commuting area, the 

Agency will: 

 1. provide the appropriate DCMA Council Local with the maximum notice 

possible but not less than 60 calendar days notice prior to the effective date of 

any approved transfer of function in order to negotiate the impact and procedures 

for the implementation of the transfer of function; 

 2. assist, counsel and train the affected employees in seeking placement 

opportunities with other Federal agencies elsewhere in the commuting area; 

 3. counsel the employees on individual rights relating to retirement and 

severance pay and placement potential; 

 4. give any employees affected by a transfer of function outside the 

commuting area causing a physical move, not less than 60 calendar days notice 

in writing of the transfer of function which provides for at least 30 calendar days 

for the employee to respond as to whether they are willing to accompany the 

function. Transfers of function within competitive areas or commuting areas will 

require a minimum notice of 14 calendar days in writing; 

 5. attendant to the circumstances of a particular transfer of function, make 

every effort in dealing with the activity gaining the function to have that gaining 

activity provide affected employees with 30 calendar days to respond to a 

specific job offer; and 

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 6. make every effort to place affected employees in vacant positions for 

which they qualify in the same commuting area and/or in the same competitive 

area. 

C. When the Agency becomes aware that a transfer of function may result in 

employees being separated, it will attempt to minimize the adverse effect on 

BUEs through appropriate means such as reassignment, attrition, use of vacant 

positions for placement, filling positions at the full performance level, waiver or 

modification of qualification requirements and positive placement efforts. The 

Agency will contact and aid the appropriate state employment service concerning 

all affected employees for job placement re-training services. 

SECTION 3 - DOCUMENTATION

Following notification of a transfer of function, the Agency shall furnish the DCMA 

Council, upon request, any relevant and available documentation or information 

concerning the transfer of function, subject to any Privacy Act limitations. 

SECTION 4 - PERMANENT CHANGE OF STATION (PCS) IN CONNECTION 

WITH A TRANSFER OF FUNCTION

The Agency shall authorize all appropriate entitlements incident to a PCS in 

accordance with applicable travel regulations. 

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ARTICLE 46 

REDUCTION IN FORCE 

SECTION 1 - GENERAL

This Article establishes and describes the procedures the Agency will take in the 

event of a RIF in accordance with applicable law, Government-wide rule or 

regulation. This Article is intended to protect the interests of employees while 

allowing the Agency to exercise its rights and duties in carrying out the mission of 

the Agency. The Agency is responsible for assuring that applicable regulations 

and this Article are uniformly and consistently applied to any one RIF. 

SECTION 2 - DEFINITION

A RIF occurs when the Agency releases an employee from his/her competitive 

level by separation, demotion, furlough for more than thirty (30) calendar days, or 

reassignment requiring displacement because of lack of work or funds, 

reorganization, change to lower grade based on reclassification of an employee's 

position due to erosion of duties when such action will take place after the 

Agency has formally announced a RIF in the employee's competitive area and 

when the RIF will take effect within 180 days or when the need to make a place 

for a person exercising reemployment rights requires the Agency to release the 

employee. 

SECTION 3 - NOTIFICATION

Whenever the Agency has determined to initiate a RIF or takes any action which 

results in a RIF, it shall notify the DCMA Council in order to negotiate appropriate 

arrangements arising from unforeseen circumstances surrounding the specific 

RIF. Such notice shall be given at least 90 days in advance of the RIF unless the 

Agency has not officially determined that far in advance to conduct a RIF. 

Affected employees will be notified not less than 60 calendar days prior to the 

effective date. To the extent practicable, RIF notices will be delivered in person. 

The Union will be provided at least two (2) working days advance notification of 

distribution. The notification shall include the approximate effective date of the 

RIF, the approximate number of positions that will be abolished and the reason 

for the RIF. The Agency agrees to furnish the DCMA Council all information 

pertinent to the cause of any RIF or reduction in grade or pay or reorganization in 

accordance with laws governing public information and existing rules and 

regulations. In the event of a RIF, the following process will be followed by the 

Agency: 

 1. Upon receipt of the listings of excess positions and existing vacancies, 

if any, from the affected organizations in the competitive area, the Agency will 

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determine the rights and entitlements of each employee using the information 

available in the retention register and OPF. The Agency will then prepare a 

Mock RIF Listing that identifies each specific employee affected and the type of 

action, i.e., reassignment, change to lower grade, or separation. A copy of this 

listing will be provided to the DCMA Council. 

 2. After development of the listing, the Agency representatives will meet 

with the Union representatives. At that time, the Mock RIF Listing will be 

distributed. Each action will be explained and the representatives will have the 

opportunity to ask questions or raise concerns regarding employee entitlements. 

Retention registers and Qualification Summary Sheets will be provided for review 

to the Union. To the greatest extent possible, any issues will be resolved prior to 

the issuance of RIF notices. 

 3. During the conduct of the RIF, updated RIF listings will be provided to 

the Union. 

SECTION 4 - COMPETITIVE AREAS

Competitive areas will be established in accordance with applicable law and 

regulations. 

SECTION 5 - COMPETITIVE LEVELS

Competitive levels will be established in accordance with applicable law and 

regulations. 

SECTION 6 - CREDIT FOR PERFORMANCE

Credit for performance will be established in accordance with 5 CFR Part 351 

and any other applicable law and regulations. 

SECTION 7 - RIF NOTIFICATION

The Agency shall provide notice to employees in accordance with applicable 

regulations. The notice will include the following information as required by 5 

CFR 351.802: 

1. the action to be taken, the reasons for the action and its effective date; 

2. the employee’s competitive area, competitive level, subgroup, service 

date and three most recent ratings of record received during the last 4 years; 

3. the place where the employee may inspect the regulations and records 

pertinent to this action; 

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4. the reasons for retaining a lower-standing employee in the same 

competitive level, under Sec. 351.607 or Sec. 351.608; 

5. information on reemployment rights, except as permitted by Sec 

351.803(a); and 

6. the employee’s right, as applicable, to appeal to the Merit Systems 

Protection Board under the provisions of the Board’s regulations or to grieve 

under a negotiated grievance procedure. The Agency shall also comply with 

Sec. 1201.21 of 5 CFR. 

SECTION 8 - OFFER OF POSITION

A. The Agency shall make a best offer of employment to each employee 

adversely affected by the RIF consistent with 5 CFR 351. An offer, if made, shall 

be to a position with either no reduction in grade or pay, or with the least 

reduction possible in consideration of positions available, employee qualifications 

and the retention standing of other competing employees. 

B. Employees reassigned or demoted by RIF may, within the specified time 

period for reply, request in writing assignment to a vacant position at the same or 

lower grade with any pay retention to which they may be entitled. Any such 

request shall be answered in writing within 15 workdays. 

C. The Agency will consider placing employees in existing vacant positions 

within the employee's competitive area provided the employee is qualified for the 

position and would otherwise be removed or reduced in grade as a result of the 

RIF. 

D. The Agency agrees to consider the following actions to further minimize the 

effects of a RIF to the maximum extent possible e.g., retraining, restricting 

outside hiring and any other appropriate means to avoid separation/downgrade 

of career or career conditional employees. The Agency agrees to consider: 

 1. adjusting the workforce through reassignment or transfer of unit 

employees to vacancies for which they are qualified; 

 2. filling trainee and development positions under recruitment at the 

target level through RIF regulations; 

 3. offering and funding early out incentives as permitted by law; and 

 4. voluntary RIF. 

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SECTION 9 - EMPLOYEE RIGHTS

A. The Agency will make reasonable effort to find employment in other Federal 

agencies within the commuting area for those employees separated in a RIF. 

Employees for whom no positions are found may be counseled by a 

representative of the Agency on the benefits to which they may be entitled, 

including information concerning early retirement with discontinued service 

annuity, where applicable. Reemployment lists as prescribed by OPM shall be 

established for employees who cannot be retained. 

B. As a minimum, the Agency will provide all RIF-affected employees with 

assistance in obtaining other employment in accordance with the Career 

Transition Assistance Program for Displaced Employees. 

C. The Agency will provide all RIF-affected employees with information and 

assistance on their unemployment rights. 

D. The Agency will authorize administrative leave for the purpose of seeking 

other employment. 

E. The Agency and the DCMA Council share a mutual interest in assisting 

employees who are adversely affected by RIF. 

F. The parties agree that placement efforts are a priority and are most effective 

when employees are actively involved in those efforts. 

G. To the extent practicable, the Agency will provide job education and retraining programs such as resume counseling, lectures, professional conferences 

and workshops, etc. during duty hours. The Agency will authorize a reasonable 

amount of duty time for resume preparation, job interviews, etc. for employees 

who are adversely affected by RIF. 

H. When the Agency becomes aware of the necessity to conduct a RIF, it will 

attempt to minimize the adverse effect on BUEs through appropriate means such 

as reassignment, attrition, use of vacant positions for placement, filling positions 

at the full performance level, waiver or modification of qualification requirements, 

and positive placement efforts. 

I. The Agency will contact and provide administrative assistance to the 

appropriate state employment service concerning all affected employees for job 

placement and re-training services. 

J. The Agency shall arrange for training for affected employees. This training 

shall include, but not be limited to the following: 

1. rights to other positions; 

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 2. bumping; 

 3. retreating; 

 4. grade intervals; 

 5. use of vacate positions; 

 6. RIF related benefits; 

 7. grade retention; 

 8. pay retention; 

 9. repromotion priority; 

 10. severance pay; 

 11. unemployment compensation; 

 12. unused leave; 

 13. life insurance; 

 14. health insurance; 

 15. discontinued service retirement; 

 16. early retirement; 

 17. deferred annuity: and 

 18. Priority Placement Program 

SECTION 10 - RESPONSE TO OFFER

Employees shall respond to an offer of employment in another position in writing 

within 21 calendar days after receipt of a written offer. Failure to respond within 

the 21 calendar days shall be considered a rejection of the offer. 

SECTION 11 - RETENTION REGISTERS AND RIF REGULATIONS

Employees in receipt of a RIF notice shall have the right to review pertinent 

retention registers and applicable RIF regulations. In viewing these documents, 

the employee shall have the right to be accompanied by a Union representative 

and both persons shall be in a duty status for this purpose. In addition to the 

retention register provided at time of RIF, the DCMA Council shall be provided a 

retention register at least once a year. 

SECTION 12 - GRADE AND PAY RETENTION

Grade and pay retention for eligible employees will be that prescribed by 

applicable law and regulation. 

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SECTION 13 - SEVERANCE PAY

Separated employees will be paid severance pay in accordance with applicable 

law and regulation. 

SECTION 14 - WAIVER OF QUALIFICATIONS

A. In accordance with applicable regulations, when the Agency is unable to offer 

an assignment, the Agency may waive qualifications of employees who will be 

separated due to RIF for vacant positions which do not contain selective 

placement factors, provided the Agency determines the employee is able to 

perform the work of the position without “undue interruption” to the mission of the 

Agency, the employee meets any OPM-established minimum education 

requirements and the Agency determines that the employee has the capacity, 

adaptability and special skills needed to satisfactorily perform the duties and 

responsibilities of the position. Undue interruption means a degree of 

interruption that would prevent the completion of required work by the employee 

90 days after the employee has been placed in the position. 

B. The DCMA Council will be informed when a bargaining unit position is filled 

by a waiver of qualifications. 

C. Vacant positions which contain selective placement factors will be reviewed 

jointly by the Agency and the DCMA Council to determine if these factors are 

required or can be waived.

SECTION 15 - RETIREMENT

Prior to and during the RIF, all retirements will be strictly voluntary. There will be 

no coercion, direct or indirect, intended to influence the employee's decision. 

The Agency will freely advise the employee of any prospective retirement rights. 

SECTION 16 - DISPLACEMENT

A. The Agency will not fill a vacant bargaining unit position within the area in 

which the RIF is taking place until it has considered all reasonable alternatives to 

reduce the adverse effects on BUEs who are to be displaced as a result of the 

RIF. In considering these alternatives, the Agency will review the possibility and 

feasibility of redesigning a vacant position. 

B. The DCMA Council shall be advised of any action to fill any bargaining unit 

position prior to the action being taken. 

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ARTICLE 47 

REORGANIZATION 

SECTION 1 - GENERAL

Reorganization is defined as the planned elimination, addition, consolidation, 

redistribution or realignment of significant functions or duties in an organization. 

SECTION 2 - NOTICE

A. The DCMA Council shall be notified as soon as feasible of planned significant 

changes in the organization. 

B. The Agency shall provide the appropriate Union representative with notice of 

reorganization not less than 30 days prior to the effective date of the action. The 

notice will include the rationale for the reorganization, a description of the 

proposed changes and affected positions. 

SECTION 3 - PROCEDURES

If reorganization requires the application of adverse action, RIF or transfer of 

function procedures, they will be executed in accordance with applicable law, 

regulations and the appropriate provisions of this Agreement. If requested, either 

party may enter into negotiations with the other party. 

SECTION 4 - SUCCESSOR POSITIONS

When a position in an organization is abolished as a result of a reorganization 

and an identical position is to be established at the same grade within 30 days in 

a new organization within the Agency, the incumbent of the old position will be 

accorded priority consideration for assignment to the newly established position, 

unless this would conflict with the assignment rights of another employee. The 

foregoing is subject to Agency's discretion to decide to fill the newly established 

position and also subject to the incumbent of the old position being qualified for 

the newly established position. 

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171

EXECUTION OF THE AGREEMENT 

The Defense Contract Management Agency and the American Federation of Government 

Employees Council 170 hereby execute this Agreement on January 11, 2006. 

For the Agency : 

D?fry A. S 

Director 

Defense Contract Management Agency 

Chief Negotiator 

L 4£ 

Theresa Cook 

Team Member 

For the Union: 

President and Chief Negotiator 

American Federation of 

Government Employees Council 170 

Arth

Qdjgt1~ ur Blunt 

Team Member 

~ t.tsA.!m4 JS~ab rd i Team Member 

515 DCMA Administrative Record for FY 2013 Furlough Appeals
172

Team Member 

~(~ eam Member 

~!lJ~ Team Member 

Willia

U~£~ m Porzel 

Team Member 

/~~;7 Team Member 

~J~~ Melinda Varner 

Team Member 

516 DCMA Administrative Record for FY 2013 Furlough Appeals