[ v04 p272 ]
04:0272(39)CO
The decision of the Authority follows:
4 FLRA No. 39
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO
Respondent
and
U.S. AIR FORCE, AIR FORCE LOGISTICS
COMMAND, WRIGHT-PATTERSON AIR FORCE
BASE, OHIO
Charging Party
Case No. 5-CO-4
DECISION AND ORDER
THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
DIRECTOR'S ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
AUTHORITY IN ACCORDANCE WITH SECTION 2429.1(A) (5 CFR 2429.1(A)) OF THE
AUTHORITY'S RULES AND REGULATIONS.
UPON CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASE,
INCLUDING THE PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS AND
BRIEFS SUBMITTED BY THE RESPONDENT, THE CHARGING PARTY AND THE GENERAL
COUNSEL, THE AUTHORITY FINDS: DURING THE COURSE OF CONTRACT
NEGOTIATIONS, THE ACTIVITY (CHARGING PARTY) ADVANCED SEVERAL PROPOSALS
CONCERNING THE FOLLOWING MATTERS: POLICY CHANGES DURING THE TERM OF THE
PARTIES' AGREEMENT, UNION REPRESENTATION, AND THE PARTIES' NEGOTIATED
GRIEVANCE PROCEDURE. THE UNION (RESPONDENT) REFUSED TO NEGOTIATE OVER
PORTIONS OF THESE PROPOSALS ON THE BASIS THAT THEY PERTAINED TO INTERNAL
UNION AFFAIRS AND WERE THEREFORE OUTSIDE THE MANDATORY SCOPE OF
BARGAINING. THE CHARGING PARTY THEREUPON FILED AN UNFAIR LABOR PRACTICE
CHARGE BASED UPON THE REFUSAL TO BARGAIN, AND THE GENERAL COUNSEL
SUBSEQUENTLY ISSUED A COMPLAINT ALLEGING A VIOLATION OF SECTION
7116(B)(5) AND (1) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
STATUTE (THE STATUTE) BASED UPON THE RESPONDENT'S CONCEDED REFUSAL TO
NEGOTIATE. /1/
AS A PRELIMINARY MATTER, THE AUTHORITY WAS PRESENTED WITH THE
CHARGING PARTY'S ASSERTION THAT, AS THE RESPONDENT FAILED TO ANSWER THE
GENERAL COUNSEL'S COMPLAINT, SUCH FAILURE, PURSUANT TO SECTION
2423.13(B) OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2423.13(B)),
SHOULD BE DEEMED AN ADMISSION OF THE ALLEGATIONS CONTAINED IN THE
COMPLAINT AND SHOULD RESULT IN THE FINDING OF A VIOLATION. /2/ THE
AUTHORITY NOTES THAT SUCH ASSERTION WAS RAISED FOR THE FIRST TIME BY THE
CHARGING PARTY IN ITS BRIEF TO THE AUTHORITY, FILED AFTER THE PARTIES
HAD ENTERED INTO A STIPULATION OF FACT APPROVED BY THE REGIONAL
DIRECTOR, IN WHICH STIPULATION THE RESPONDENT DID IN FACT PLEAD TO THE
ALLEGATIONS RAISED IN THE COMPLAINT. MOREOVER, THERE HAS BEEN NO
SHOWING THAT THE RESPONDENT'S FAILURE TO ANSWER THE COMPLAINT IN ANY
MANNER PREJUDICED THE CHARGING PARTY OR THE GENERAL COUNSEL INASMUCH AS
BOTH PARTIES NOT ONLY ENTERED INTO THE STIPULATION BUT WERE AWARE OF THE
RESPONDENT'S POSITION AS EVIDENCED BY THEIR SUBMISSIONS TO THE
AUTHORITY. UNDER THESE CIRCUMSTANCES, THE RESPONDENT'S FAILURE TO
ANSWER THE COMPLAINT DOES NOT, IN AND OF ITSELF, REQUIRE THE AUTHORITY
TO FIND A VIOLATION OF THE STATUTE.
THE UNDISPUTED FACTS, AS STIPULATED BY THE PARTIES, ARE AS FOLLOWS:
ON JANUARY 13, 1978, THE RESPONDENT WAS CERTIFIED AS THE EXCLUSIVE
REPRESENTATIVE OF A CONSOLIDATED UNIT OF APPROXIMATELY 70,000 EMPLOYEES
LOCATED AT A NUMBER OF THE ACTIVITY'S FACILITIES. IN FEBRUARY 1979,
DURING CONTRACT NEGOTIATIONS FOR A MASTER AGREEMENT COVERING THE
EMPLOYEES IN THE FOREGOING CONSOLIDATED UNIT, THE ACTIVITY TO BE OUTSIDE
ITS DUTY TO BARGAIN AND CONCERNING WHICH IT REFUSED TO NEGOTIATE. THESE
PROPOSALS, WHICH ARE SET FORTH IN AN APPENDIX TO THIS DECISION (WITH THE
DISPUTED PORTIONS UNDERSCORED), PERTAIN TO "POLICY CHANGES DURING THE
TERM OF THIS AGREEMENT," "UNION REPRESENTATION," AND "GRIEVANCE
PROCEDURE."
FINDINGS AND CONCLUSIONS
THE RECORD REVEALS THAT THE PROPOSALS IN ESSENCE PRESCRIBE THE
ORGANIZATIONAL LEVEL AND SEGMENT FROM WHICH THE RESPONDENT MUST
DESIGNATE ITS REPRESENTATIVES WHEN DEALING WITH AGENCY MANAGEMENT ON THE
ABOVE-NOTED MATTERS. FOR EXAMPLE, WITH REGARD TO THE APPOINTMENT OF
UNION STEWARDS PURSUANT TO THE ACTIVITY'S PROPOSAL CONCERNING "UNION
REPRESENTATION," THE UNION WOULD BE REQUIRED TO SELECT EACH SUCH STEWARD
ONLY FROM AMONG THE EMPLOYEES LOCATED IN THE ORGANIZATIONAL SEGMENT THE
STEWARD WOULD REPRESENT. AND, WHEN DEALING WITH AGENCY MANAGEMENT
CONCERNING POLICY CHANGES DURING THE TERM OF THE AGREEMENT, THE
DESIGNATED REPRESENTATIVE FOR DEALING WITH MANAGEMENT ON MATTERS BELOW
THE ACTIVITY'S DIVISION LEVEL WOULD BE THE APPROPRIATE DISTRICT STEWARD,
PURSUANT TO THE ACTIVITY'S PROPOSAL, WHILE THE UNION REPRESENTATIVE
DESIGNATED TO DEAL WITH MANAGEMENT ON DIVISION AND DIRECTORATE LEVEL
MATTERS WOULD BE THE DIVISION AND DIRECTORATE STEWARDS, RESPECTIVELY.
MOREOVER, UNDER THE ACTIVITY'S PROPOSAL, MATTERS HAVING ACTIVITY-WIDE
IMPACT COULD BE NEGOTIATED ONLY BY THE RESPONDENT'S PRESIDENT.
SIMILARLY, THE PROPOSAL PERTAINING TO THE GRIEVANCE PROCEDURE WOULD
SPECIFY THE ORGANIZATIONAL LEVEL OF THE STEWARD INVOLVED AT THE SECOND
STEP OF THE GRIEVANCE PROCEEDING.
IN OUR VIEW, IT IS WITHIN THE DISCRETION OF BOTH AGENCY MANAGEMENT
AND LABOR ORGANIZATIONS HOLDING EXCLUSIVE RECOGNITION TO DESIGNATE THEIR
RESPECTIVE REPRESENTATIVES WHEN FULFILLING THEIR RESPONSIBILITIES UNDER
THE STATUTE. SEE, GENERALLY, NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 1451 AND NAVAL TRAINING CENTER, ORLANDO, FLORIDA, 3 FLRA NO.
14(1980), WHEREIN THE AUTHORITY, IN FINDING THAT A UNION PROPOSAL WHICH
WOULD REQUIRE THE ACTIVITY TO DESIGNATE A MINIMUM NUMBER OF
REPRESENTATIVES FOR THE PURPOSE OF NEGOTIATIONS WAS OUTSIDE THE
ACTIVITY'S DUTY TO BARGAIN UNDER THE STATUTE, FURTHER NOTED THAT,
"(A)LBEIT FOR DIFFERENT REASONS, A MANAGEMENT PROPOSAL THAT THE UNION
DESIGNATE A PARTICULAR NUMBER OF REPRESENTATIVES TO NEGOTIATIONS
LIKEWISE WOULD NOT BE WITHIN THE DUTY TO BARGAIN UNDER THE STATUTE."
THE PROPOSALS IN THE INSTANT CASE, AS NOTED ABOVE, WOULD GENERALLY
REQUIRE THE RESPONDENT TO DESIGNATE ITS REPRESENTATIVES FROM PRESCRIBED
ORGANIZATIONAL LEVELS AND SEGMENTS WHEN DEALING WITH AGENCY MANAGEMENT
IN THE PERFORMANCE OF CERTAIN REPRESENTATIONAL FUNCTIONS. AS SUCH, THE
PROPOSALS WOULD INFRINGE UPON THE RESPONDENT'S PREROGATIVE TO DESIGNATE
ITS OWN REPRESENTATIVES FOR SUCH PURPOSES. THE PROPOSALS, THEREFORE,
ARE OUTSIDE THE REQUIRED SCOPE OF BARGAINING AND THE RESPONDENT'S
REFUSAL TO BARGAIN CANNOT BE HELD TO CONSTITUTE A VIOLATION OF THE
STATUTE. THIS IS NOT TO SAY, HOWEVER, THAT A UNION MAY NOT, IF IT SO
ELECTS, BARGAIN OVER SUCH MATTERS. INDEED, THERE IS MERIT TO
FORMALIZING THE BARGAINING RELATIONSHIP TO THE EXTENT THAT IT WOULD LEAD
TO STABILITY AT THE WORKPLACE AND, IN FACT, MANY COLLECTIVE BARGAINING
AGREEMENTS IN THE FEDERAL SECTOR PROVIDE FOR A FORMALIZED BARGAINING
RELATIONSHIP. HOWEVER, IN THIS CASE, THE RESPONDENT ELECTED NOT TO
BARGAIN OVER THE PROPOSALS, WHICH ARE PERMISSIVE IN NATURE AND THEREFORE
OUTSIDE THE REQUIRED SCOPE OF BARGAINING. ACCORDINGLY, ITS CONDUCT IN
THIS REGARD CANNOT BE HELD TO CONSTITUTE A VIOLATION OF THE STATUTE, AND
THE COMPLAINT ALLEGING A VIOLATION OF SECTION 7116(B)(5) AND (1) OF THE
STATUTE MUST BE DISMISSED.
ORDER
IT IS HEREBY ORDERED THAT THE COMPLAINT IN CASE NO. 5-CO-4 BE, AND IT
HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., SEPTEMBER 26, 1980
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
POLICY CHANGES DURING THE TERM OF THIS AGREEMENT
SECTION 1. THE EMPLOYER AND THE UNION, THROUGH APPROPRIATE
REPRESENTATIVES, SHALL MEET AT REASONABLE TIMES AND PLACES AND CONFER IN
GOOD FAITH WITH RESPECT TO PERSONNEL POLICIES AND PRACTICES, AND MATTERS
AFFECTING WORKING CONDITIONS THAT ARE NOT COVERED BY THIS AGREEMENT, SO
FAR AS MAY BE APPROPRIATE UNDER APPLICABLE LAWS AND REGULATIONS AND THIS
AGREEMENT, INCLUDING POLICIES SET FORTH IN THE FEDERAL PERSONNEL MANUAL,
PUBLISHED AGENCY POLICIES AND REGULATIONS FOR WHICH A COMPELLING NEED
EXISTS UNDER CRITERIA ESTABLISHED BY THE FEDERAL LABOR RELATIONS COUNCIL
AND WHICH ARE ISSUED AT THE DEPARTMENT OF DEFENSE LEVEL OR AT THE
HEADQUARTERS AIR FORCE LEVEL, THIS AGREEMENT, AND EXECUTIVE ORDER 11491,
AS AMENDED.
SECTION 2. WHEN THE EMPLOYER ESTABLISHES OR CHANGES PERSONNEL
POLICIES, PRACTICES, OR MATTERS AFFECTING WORKING CONDITIONS WHICH ARE
WITHIN THE DISCRETION OF THE EMPLOYER AND NOT OTHERWISE GOVERNED BY THE
TERMS OF THIS AGREEMENT OR LOCAL SUPPLEMENTS THERETO, THE FOLLOWING
PROCEDURES SHALL APPLY. POLICIES AND PRACTICES ESTABLISHED UNDER THE
PROVISIONS OF THIS ARTICLE SHALL NOT BE CONSTRUED AS SUPPLEMENTS TO THIS
MASTER AGREEMENT OR LOCAL SUPPLEMENTS THERETO. HOWEVER, DISPUTES OVER
THE INTERPRETATION/APPLICATION OF SUCH POLICIES AND PRACTICES SHALL BE
RESOLVED UNDER THE NEGOTIATED GRIEVANCE PROCEDURE AND ARBITRATION
ARTICLES OF THIS AGREEMENT.
SECTION 3. ESTABLISHMENT OF COMMAND-WIDE PERSONNEL POLICIES. PRIOR
TO ESTABLISHING OR CHANGING PERSONNEL POLICIES, PRACTICES, AND MATTERS
AFFECTING WORKING CONDITIONS WHICH INVOLVE A SUBSTANTIAL NUMBER OF
BARGAINING UNIT EMPLOYEES AT ALL OR SEVERAL SUBORDINATE AFLC ACTIVITIES,
THE EMPLOYER SHALL NOTIFY THE PRESIDENT OF THE COUNCIL OR HIS DESIGNEE
OF THE INTENDED ACTION 30 CALENDAR DAYS PRIOR TO THE INTENDED
IMPLEMENTATION DATE.
A. SUBSEQUENT TO SUCH NOTIFICATION, THE PRESIDENT OF THE COUNCIL OR
HIS DESIGNATED REPRESENTATIVE (SEE SECT. 4 BELOW) MAY REQUEST
NEGOTIATIONS ON THE MATTER. SUCH REQUEST MUST BE RECEIVED BY THE
EMPLOYER WITHIN 30 CALENDAR DAYS OF THE DATE OF NOTIFICATION EXCEPT
WHERE MISSION REQUIREMENTS DICTATE OTHERWISE (SEE SECT. 6 BELOW).
B. FAILURE OF THE UNION TO REQUEST NEGOTIATIONS WITHIN THE TIME
LIMITS SET FORTH HEREIN SHALL CONSTITUTE A WAIVER OF THE UNION'S RIGHT
TO NEGOTIATE, AND THE EMPLOYER MAY IMPLEMENT ITS PROPOSAL. A UNION
REQUEST TO NEGOTIATE, TO BE VALID, MUST INCLUDE SPECIFIC WRITTEN
COUNTERPROPOSALS RESPONDING TO THE EMPLOYER'S PROPOSAL.
C. THE UNION MAY, AT ITS DISCRETION AND WITHIN THE TIME LIMITS SET
FORTH HEREIN, SUBMIT COMMENTS AND RECOMMENDATIONS CONCERNING THE
EMPLOYER'S PROPOSAL AS AN ALTERNATIVE TO A REQUEST FOR NEGOTIATIONS.
THE EMPLOYER WILL GIVE SUCH COMMENTS AND RECOMMENDATIONS DUE REGARD
PRIOR TO IMPLEMENTATION.
D. WITHIN 14 CALENDAR DAYS OF A UNION REQUEST TO NEGOTIATE ON A
PERSONNEL POLICY, PRACTICE, OR MATTER AFFECTING WORKING CONDITIONS OR
CHANGE THERETO, THE PARTIES SHALL MEET AND CONFER WITH RESPECT TO THE
EMPLOYER'S PROPOSAL. SUCH NEGOTIATIONS WILL TAKE PLACE AT THE
EMPLOYER'S HEADQUARTERS UNLESS OTHERWISE MUTUALLY AGREED. THE EMPLOYER
WILL GRANT OFFICIAL TIME FOR ONE-HALF THE TIME SPENT IN SUCH
NEGOTIATIONS FOR UP TO THREE UNION REPRESENTATIVES ATTENDING SUCH
NEGOTIATIONS WHERE THOSE REPRESENTATIVES WOULD OTHERWISE BE IN A DUTY
STATUS.
E. ALL TIME LIMITS SET FORTH HEREIN MAY BE EXTENDED UPON MUTUAL
AGREEMENT OF THE PARTIES.
F. IF AGREEMENT WITH THE UNION IS NOT REACHED UNDER THE PROVISIONS
OF THIS ARTICLE AND AN IMPASSE IS DECLARED BY EITHER PARTY, THE EMPLOYER
MAY TAKE SUCH ACTION AS NECESSARY, CONSISTENT WITH LAWS, REGULATIONS,
AND THE ORDER, TO IMPLEMENT SUCH PROPOSAL(S).
SECTION 4. IN ORDER TO FACILITATE DEALINGS AS DESCRIBED IN SECTION 2
ABOVE, THE UNION AGREES TO DESIGNATE AN OFFICIAL OR OFFICIALS TO
REPRESENT THE UNION. SUCH OFFICIAL OR OFFICIALS SHALL BE LOCATED IN
CLOSE PROXIMITY TO THE EMPLOYER'S HEADQUARTERS AND SHALL BE VESTED WITH
FULL AUTHORITY TO SPEAK FOR, BIND, AND COMMIT THE UNION IN ALL MATTERS
ARISING OUT OF THE ADMINISTRATION OF THIS AGREEMENT.
SECTION 5. ESTABLISHMENT OF ACTIVITY/ORGANIZATIONAL PERSONNEL
POLICIES. WHEN THE COMMANDER OF A SUBORDINATE AFLC ACTIVITY OR CHIEF OF
AN ORGANIZATIONAL SUBDIVISION THEREOF (OR EQUIVALENT) ESTABLISHES OR
CHANGES PERSONNEL POLICIES, PRACTICES, AND MATTERS AFFECTING WORKING
CONDITIONS WHICH ARE NOT GOVERNED BY THE TERMS OF THIS AGREEMENT OR
LOCAL SUPPLEMENTS THERETO AND WHICH ARE WITHIN THAT MANAGEMENT
OFFICIAL'S DISCRETION, SUCH ACTION WILL NOT BE TAKEN UNTIL THE
DESIGNATED UNION REPRESENTATIVE FOR THAT PARTICULAR ACTIVITY OR
ORGANIZATION HAS BEEN NOTIFIED. THE DESIGNATED UNION REPRESENTATIVE
WILL HAVE SEVEN (7) CALENDAR DAYS TO RESPOND. A UNION REQUEST TO
NEGOTIATE, TO BE VALID, MUST INCLUDE SPECIFIC WRITTEN COUNTERPROPOSALS
TO THE MANAGEMENT PROPOSAL(S).
A. IF THE UNION DOES NOT RESPOND WITHIN THE TIME LIMITS SPECIFIED
HEREIN, THE EMPLOYER MAY IMPLEMENT PROPOSED CHANGES.
B. THE UNION MAY REQUEST TO MEET AND CONFER WITH OFFICIALS OF THE
EMPLOYER IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
(1) THE DESIGNATED UNION REPRESENTATIVE SHALL SUBMIT A WRITTEN
REQUEST FOR A MEETING TO THE RESPONSIBLE MANAGEMENT OFFICIAL IN RESPONSE
TO THE EMPLOYER'S NOTIFICATION OF A PROPOSED CHANGE. THE DESIGNATED
UNION REPRESENTATIVE FOR MATTERS BELOW DIVISION LEVEL WILL BE THE
APPROPRIATE DISTRICT STEWARD. THE DESIGNATED UNION REPRESENTATIVE FOR
MATTERS AT THE DIVISION LEVEL SHALL BE THE DIVISION STEWARD. ON MATTERS
AT THE DIRECTORATE LEVEL, THE DESIGNATED UNION REPRESENTATIVE IS THE
DIRECTORATE STEWARD. MATTERS WHICH HAVE ACTIVITY-WIDE IMPACT WILL BE
NEGOTIATED BY THE PRESIDENT OF THE UNION. IN THE ABSENCE OF AN
APPROPRIATE DESIGNATED UNION REPRESENTATIVE, THE UNION WILL NAME A
REPRESENTATIVE TO ATTEND THE MEETING WHO WILL HAVE THE AUTHORITY TO BIND
THE UNION.
(2) ATTENDANCE AT SUCH MEETING SHALL BE ON OFFICIAL TIME FOR UP TO
TWO (2) UNION REPRESENTATIVES WHO WOULD OTHERWISE BE IN A DUTY STATUS
(REFERENCE ARTICLE . . . , OFFICIAL TIME) FOR ACTIVITY-WIDE MATTERS AND
ONE REPRESENTATIVE FOR MATTERS BELOW THAT.
(3) THE DESIGNATED UNION REPRESENTATIVE SHALL HAVE THE AUTHORITY TO
BIND THE UNION ON SUCH ACCORDS THAT MAY BE REACHED AT THESE MEETINGS.
THESE ACCORDS SHALL NOT CONFLICT WITH EXISTING PROVISIONS OF THIS
AGREEMENT OR LOCAL SUPPLEMENTS THERETO.
(4) THE MEETING WILL NORMALLY TAKE PLACE WITHIN THREE DAYS AFTER THE
UNION'S REQUEST FOR A MEETING IS RECEIVED.
C. IF AGREEMENT WITH DESIGNATED UNION REPRESENTATIVE(S) IS NOT
REACHED UNDER THE PROVISIONS OF THIS ARTICLE AND AN IMPASSE IS DECLARED
BY EITHER PARTY, OFFICIALS OF THE EMPLOYER MAY TAKE SUCH ACTION AS
NECESSARY, CONSISTENT WITH LAWS, REGULATIONS, AND THE ORDER, TO
IMPLEMENT SUCH PROPOSAL(S).
SECTION 6. MISSION ESSENTIAL SITUATIONS.
A. THE PARTIES AGREE THAT CRITICAL SITUATIONS SOMETIMES OCCUR WITHIN
THE AFLC WHICH REQUIRE THE IMMEDIATE ADJUSTMENT OF WORK SCHEDULES AND
MISSION/WORKLOAD PRIORITIES. ACTIONS TAKEN TO ACCOMMODATE SUCH CRITICAL
SITUATIONS IN ORDER TO MEET MISSION REQUIREMENTS AT TIMES DO IMPACT
PERSONNEL POLICIES, PRACTICES AND WORKING CONDITIONS OF EMPLOYEES. SUCH
MISSION ESSENTIAL DECISIONS AND CHANGES TO PERSONNEL POLICIES,
PRACTICES, AND MATTERS AFFECTING WORKING CONDITIONS AS A RESULT OF SUCH
DECISIONS ARE EXPRESSLY EXEMPTED FROM THE MIDTERM NEGOTIATIONS PROCEDURE
SET FORTH ABOVE. HOWEVER, SUCH REQUIRED CHANGES WILL NOT BE TAKEN,
EXCEPT IN EXTRAORDINARY CIRCUMSTANCES, UNTIL THE UNION AT THE COMMAND
LEVEL OR SUBORDINATE AFLC ACTIVITY WHERE IMPLEMENTATION IS TO TAKE PLACE
HAS BEEN NOTIFIED OF THE PROPOSED IMPLEMENTATION AND THE REASONS
THEREOF. THE UNION REPRESENTATIVE WILL BE GIVEN AN OPPORTUNITY TO
PROVIDE COMMENTS AND RECOMMENDATIONS ON THE MATTER TO THE EMPLOYER. IF
THE SITUATION AND TIME TO IMPLEMENT PERMITS, REPRESENTATIVES OF THE
EMPLOYER AND THE UNION SHALL MEET AND DISCUSS THE PROPOSED
IMPLEMENTATION AND THE UNION COMMENTS. THE EMPLOYER WILL GIVE DUE
REGARD TO ALL UNION RECOMMENDATIONS.
B. UPON RECEIPT OF UNION COMMENTS AND CONSIDERATION THEREOF, THE
EMPLOYER MAY IMPLEMENT ITS PROPOSED POLICIES OR CHANGES THERETO. THE
APPLICATION AND INTERPRETATION OF PERSONNEL POLICIES ISSUED UNDER THE
LIMITED CIRCUMSTANCES AND PROVISIONS OF THIS SECTION SHALL BE GRIEVABLE
UNDER THE TERMS OF THIS AGREEMENT AND SHALL BE ARBITRABLE AT THE
ACTIVITY LEVEL PURSUANT TO ARTICLE . . . , ARBITRATION.
C. IN KEEPING WITH THE INTENT OF THIS SECTION, ALL NOTIFICATIONS,
RESPONSES, AND DISCUSSIONS SHALL TAKE PLACE IN THE SHORTEST POSSIBLE
TIME SO THAT MISSION ESSENTIAL NEEDS MAY BE ACCOMMODATED. THE UNION
ACKNOWLEDGES THAT A FAILURE TO TIMELY RESPOND TO AN EMPLOYER NOTICE OF A
DECISION WHICH CAUSES MISSION ESSENTIAL CHANGE IN PERSONNEL POLICIES,
PRACTICES, OR WORKING CONDITIONS SHALL PERMIT THE EMPLOYER TO IMPLEMENT
ITS DECISION UNILATERALLY.
SECTION 7. DISPUTES OVER THE INTERPRETATION AND/OR APPLICATION OF
THIS ARTICLE SHALL BE RESOLVED EXCLUSIVELY THROUGH THE NEGOTIATED
GRIEVANCE PROCEDURE AND ARBITRATION ARTICLES OF THIS AGREEMENT.
UNION REPRESENTATION
SECTION 1. THE EMPLOYER AGREES TO RECOGNIZE AFGE COUNCIL OFFICIALS,
LOCAL OFFICERS OF THE UNION, UNION STEWARDS, AND OTHER AUTHORIZED
REPRESENTATIVES DESIGNATED BY THE UNION. THE EMPLOYER AGREES TO
RECOGNIZE A TOTAL NUMBER OF STEWARDS AT EACH ACTIVITY EQUAL TO ONE
STEWARD TO 80 EMPLOYEES IN THE BARGAINING UNIT OR FRACTION THEREOF.
TOTAL NUMBERS OF STEWARDS IN THE RATIO SPECIFIED ABOVE WILL BE ALLOCATED
BY SUBORDINATE ACTIVITY AND SHALL BE ALLOCATED ON THE BASIS OF THE
BARGAINING UNIT POPULATION AT EACH SUBORDINATE ACTIVITY AS OF 1 OCTOBER
1978. THE EMPLOYER AGREES, AS AN EXCEPTION TO THE ABOVE, TO RECOGNIZE
FIVE UNION STEWARDS IN ADDITION TO THOSE ALLOCATED UNDER THE RATIO SET
FORTH ABOVE AT ITS FACILITY AT THE CATALOGING AND STANDARDIZATION OFFICE
(CASO), BATTLE CREEK, MICHIGAN AND THREE STEWARDS AT AFPRO BOEING,
WICHITA, KANSAS. DESIGNATED STEWARD AREAS OF REPRESENTATION WILL BE
ESTABLISHED IN ACCORDANCE WITH THE FOLLOWING:
A. THE UNION MAY APPOINT FROM AMONG THE TOTAL NUMBER OF STEWARDS
ALLOCATED TO A PARTICULAR SUBORDINATE ACTIVITY, AND THE EMPLOYER SHALL
RECOGNIZE, ONE STEWARD FOR EACH DIRECTORATE, DIVISION, STAFF OFFICE,
TENANT (OR DEPUTATE AT HQ AFLC) AT THAT PARTICULAR ACTIVITY. SUCH
ORGANIZATIONAL STEWARD DISTRICTS SHALL CONFORM TO THE EMPLOYER'S
ORGANIZATIONAL STRUCTURE UNLESS OTHERWISE MUTUALLY AGREED. STEWARDS
APPOINTED TO REPRESENT A PARTICULAR ORGANIZATION MUST BE DRAWN FROM
EMPLOYEES IN THAT ORGANIZATION (E.G. THE MAINTENANCE DIRECTORATE STEWARD
MUST BE A MAINTENANCE EMPLOYEE).
B. OFFICIALS OF THE EMPLOYER AND THE UNION AT EACH SUBORDINATE AFLC
ACTIVITY SHALL SUBSEQUENTLY ESTABLISH SHOP STEWARD DISTRICTS BELOW THE
DIVISION LEVEL, AS APPLICABLE, WHICH NUMBER OF DISTRICTS SHALL CONFORM
TO THE NUMBER OF STEWARD ALLOCATIONS FOR THAT ACTIVITY REMAINING AFTER
ORGANIZATIONAL STEWARD DISTRICTS HAVE BEEN ESTABLISHED AND DESIGNATIONS
MADE PURSUANT TO SECTION 1.A. ABOVE. SUCH SHOP STEWARD DISTRICTS MAY BE
DEFINED ORGANIZATIONALLY (BRANCH, SECTION, UNIT, ETC.) OR GEOGRAPHICALLY
(E.G. BY BUILDING). SUCH DISTRICTS WILL BE ESTABLISHED WITH THE INTENT
TO PROVIDING STABILITY AND CONTINUITY IN SUPERVISOR-STEWARD
RELATIONSHIPS AND MINIMIZING STEWARD MOVEMENT AND TIME AWAY FROM
ASSIGNED WORK AREA.
C. DISTRICTS SO ESTABLISHED MAY BE MODIFIED ONLY BY MUTUAL AGREEMENT
OF AUTHORIZED REPRESENTATIVES OF THE EMPLOYER AND THE UNION. ONCE SHOP
STEWARD DISTRICTS HAVE BEEN ESTABLISHED, THE UNION MAY APPOINT, AND THE
EMPLOYER SHALL RECOGNIZE, ONE STEWARD FOR EACH SHOP STEWARD DISTRICT.
STEWARDS APPOINTED TO REPRESENT A PARTICULAR DISTRICT MUST BE DRAWN FROM
EMPLOYEES ASSIGNED TO THAT ORGANIZATION IN TERMS OF DUTY ASSIGNMENT
(E.G. A BRANCH STEWARD MUST BE EMPLOYED WITHIN THAT PARTICULAR BRANCH).
D. DISPUTES OVER THE ESTABLISHMENT OF SHOP STEWARD DISTRICTS MAY BE
RESOLVED THROUGH THE GRIEVANCE AND ARBITRATION PROCEDURES OF THIS
AGREEMENT.
SECTION 2. NO MORE THAN ONE STEWARD WILL BE RECOGNIZED FOR EACH
DISTRICT ESTABLISHED UNDER SECTION 1 ABOVE. HOWEVER, ONE ALTERNATE
STEWARD MAY BE DESIGNATED FOR EACH RECOGNIZED STEWARD. SUCH ALTERNATE
STEWARDS SHALL ACT FOR THE RECOGNIZED STEWARD ONLY WHEN THE RECOGNIZED
STEWARD IS IN A NON-DUTY STATUS OR TDY.
SECTION 3. STEWARDS WILL BE RECOGNIZED BY THE EMPLOYER UPON WRITTEN
NOTIFICATION BY THE UNION TO THE APPROPRIATE ACTIVITY LABOR RELATIONS
OFFICER. THE UNION AGREES TO FURNISH EACH ACTIVITY LABOR RELATIONS
OFFICER A COMPLETE MASTER LIST OF ACTIVITY UNION STEWARDS BY ASSIGNED
REPRESENTATION DISTRICT; SUCH LIST WILL ALSO INCLUDE THE OFFICIAL DUTY
ASSIGNMENT OF EACH STEWARD AND APPROPRIATE TELEPHONE EXTENSIONS. THE
UNION FURTHER AGREES TO UPDATE THIS LISTING ON AT LEAST A QUARTERLY
BASIS.
SECTION 4. DISTRICT SHOP STEWARDS RECOGNIZED UNDER SECTION 1 ABOVE
SHALL BE RESPONSIBLE FOR ACCOMPLISHING THE FOLLOWING FUNCTIONS WITHIN
THEIR PARTICULAR DISTRICTS:
A. REPRESENTATION OF ALL BARGAINING UNIT EMPLOYEES WITHIN THE
ASSIGNED DISTRICT IN THE INVESTIGATION, PREPARATION, AND PRESENTATION OF
ALL GRIEVANCES FILED UNDER THE NEGOTIATED GRIEVANCE PROCEDURE AT STEP 1
(INFORMAL STEP) ON THAT PROCEDURE.
B. MEETING AND CONFERRING WITH SUPERVISORS AND/OR MANAGEMENT
OFFICIALS WITHIN THE STEWARD'S ASSIGNED AREA OR DISTRICT CONCERNING
PROPOSED CHANGES TO PERSONNEL POLICIES, PRACTICES, AND MATTERS AFFECTING
WORKING CONDITIONS, AS PROVIDED IN ARTICLE . . . , NEGOTIATIONS DURING
THE TERM OF THE AGREEMENT.
C. UPON REQUEST, REPRESENTING EMPLOYEES IN NONFORMAL INVESTIGATORY
INTERVIEWS OR EXAMINATIONS CONDUCTED BY THE EMPLOYER, AND ASSISTING IN
THE PREPARATION OF EMPLOYEE REPLIES TO NOTICES OF PROPOSED DISCIPLINARY
ACTION, AS PROVIDED IN ARTICLE . . . , DISCIPLINE.
D. IF NO DISTRICT STEWARD IS DESIGNATED TO REPRESENT A PARTICULAR
ORGANIZATIONAL ELEMENT, THE STEWARD AT THE NEXT HIGHER ORGANIZATIONAL
ELEMENT SHALL SERVE IN THAT CAPACITY.
SECTION 5. DIVISION AND DIRECTORATE STEWARDS (OR EQUIVALENT
ORGANIZATIONAL STEWARDS) SHALL BE RESPONSIBLE FOR ACCOMPLISHING THE
FOLLOWING FUNCTIONS WITHIN THEIR PARTICULAR ORGANIZATIONS:
A. REPRESENTATION OF BARGAINING UNIT EMPLOYEES WITHIN THEIR ASSIGNED
ORGANIZATION IN THE PREPARATION AND PRESENTATION OF GRIEVANCES FILED
UNDER THE NEGOTIATED GRIEVANCE PROCEDURE AT STEP 2 OF THAT PROCEDURE.
B. MEETING AND CONFERRING WITH APPROPRIATE MANAGEMENT, OFFICIALS
CONCERNING PROPOSED CHANGES TO PERSONNEL POLICIES, PRACTICES, AND
MATTERS AFFECTING WORKING CONDITIONS AS PROVIDED IN ARTICLE . . . ,
NEGOTIATIONS DURING THE TERM OF THIS AGREEMENT.
SECTION 6: WHEN UNUSUAL CIRCUMSTANCES MAKE THE PERFORMANCE OF
REPRESENTATION FUNCTIONS BY THE DESIGNATED DISTRICT OR ORGANIZATIONAL
STEWARD IMPRACTICAL, EXCEPTIONS MAY BE AUTHORIZED UPON MUTUAL AGREEMENT
OF THE ACTIVITY LOCAL UNION PRESIDENT AND LABOR RELATIONS OFFICER.
UNION REPRESENTATIVES WHO ARE NOT EMPLOYEES OF THE EMPLOYER MAY SERVE AS
AN EMPLOYEE'S UNION REPRESENTATIVE IN LIEU OF A STEWARD AT ANY LEVEL.
WHERE A STEWARD HAS BEEN DESIGNATED AND IS AVAILABLE TO REPRESENT A
PARTICULAR DISTRICT OR ORGANIZATION, UPPER LEVEL STEWARDS OR UNION
OFFICERS WILL NOT BE USED IN PLACE OF SUCH STEWARDS, EXCEPT AS OTHERWISE
PROVIDED IN THIS SECTION.
SECTION 7. RECOGNIZED STEWARDS WILL BE RELEASED FROM THEIR DUTY
STATION AND GRANTED OFFICIAL TIME TO PERFORM AUTHORIZED FUNCTIONS IN
ACCORDANCE WITH ARTICLE . . . , OFFICIAL TIME.
SECTION 8. THE EMPLOYER WILL, UPON WRITTEN REQUEST, MAKE
ARRANGEMENTS FOR THE ISSUANCE OF IDENTIFICATION CREDENTIALS AND VEHICLE
REGISTRATION DECALS TO LOCAL UNION OFFICIALS WHO ARE NOT EMPLOYEES OF
THE EMPLOYER, SO THAT SUCH UNION OFFICIALS MAY PERFORM AUTHORIZED
FUNCTIONS ON BASE. ISSUANCE AND REVOCATION SHALL BE GOVERNED BY THOSE
REGULATIONS AND AUTHORITIES APPLICABLE TO BARGAINING UNIT EMPLOYEES.
GRIEVANCE PROCEDURE
SECTION 1. THIS ARTICLE SHALL CONSTITUTE THE SOLE AND EXCLUSIVE
PROCEDURE AVAILABLE TO THE EMPLOYER, THE UNION, AND EMPLOYEES OF THE
BARGAINING UNIT FOR THE RESOLUTION OF GRIEVANCES SUBJECT TO THE CONTROL
OF THE EMPLOYER AS IT APPLIES TO ANY MATTER INVOLVING THE
INTERPRETATION, APPLICATION, OR VIOLATION OF THIS AGREEMENT OR LOCAL
SUPPLEMENTS THERETO, ANY MATTER INVOLVING WORKING CONDITIONS, OR ANY
MATTER INVOLVING THE INTERPRETATION AND APPLICATION OF POLICIES,
REGULATIONS, AND PRACTICES OF THE AIR FORCE, AFLC, AND SUBORDINATE AFLC
ACTIVITIES NOT SPECIFICALLY COVERED BY THIS AGREEMENT.
SECTION 2. THE SOLE EXCLUSIONS TO THIS GRIEVANCE PROCEDURE ARE AS
FOLLOWS:
A. MATTERS SUBJECT TO A STATUTORY APPEAL PROCEDURE, EXCEPT AS MAY
OTHERWISE BE REQUIRED BY APPLICABLE LAW.
B. NONSELECTION FOR PROMOTION FROM A GROUP OF PROPERLY RANKED AND
CERTIFIED CANDIDATES.
C. WRITTEN NOTICES OF PROPOSED DISCIPLINARY ACTIONS WHERE SUCH
ACTIONS WOULD BE GRIEVABLE UNDER THIS PROCEDURE WHEN EFFECTED. THIS
EXCLUSION DOES NOT INFRINGE UPON AN EMPLOYEE'S RIGHT TO OBTAIN
REPRESENTATION FOR ASSISTANCE IN PREPARING A RESPONSE TO SUCH NOTICES.
D. GRIEVANCES FILED BY EMPLOYEES OVER ALLEGED HEALTH AND SAFETY
VIOLATIONS, WHERE ISSUED CONTAINED THEREIN HAVE BEEN PREVIOUSLY FILED BY
THOSE EMPLOYEES AND/OR ADJUDICATED UNDER THE PROCEDURES SET FORTH IN 29
CFR 1960 AND APPLICABLE IMPLEMENTING REGULATIONS.
E. NONADOPTION OF A SUGGESTION OR DISAPPROVAL OF A QUALITY SALARY
INCREASE OR PERFORMANCE AWARD.
F. SEPARATION OF PROBATIONERS, TRIAL PERIOD EMPLOYEES, AND TEMPORARY
HIRES.
G. AN ACTION TERMINATING A TEMPORARY PROMOTION WITHIN A MAXIMUM
PERIOD OF TWO YEARS AND RETURNING THE EMPLOYEE TO THE POSITION FROM
WHICH HE OR SHE WAS TEMPORARILY PROMOTED OR TO A POSITION OF LIKE GRADE.
H. ACTIONS OR DECISIONS TAKEN UNDER THE PERSONAL SECURITY PROGRAM.
I. IG COMPLAINTS. HOWEVER, SUCH COMPLAINTS MAY SERVE AS A
SUBSTITUTE FOR THE INFORMAL GRIEVANCE, SUBJECT TO THE TIME LIMITS SET
FORTH HEREIN. IF THE IG COMPLAINT IS NOT RESOLVED WITHIN 14 DAYS OF ITS
SUBMITTAL, THE EMPLOYEE MAY PURSUE THE UNRESOLVED GRIEVANCE BY
SUBMITTING SAID GRIEVANCE AT STEP 2 OF THIS PROCEDURE, SUBJECT TO THE
TIME LIMITS SET FORTH HEREIN, PROVIDED THAT THE EMPLOYEE WITHDRAWS THE
IG COMPLAINT BY WRITTEN NOTIFICATION TO THE IG TERMINATING THE IG'S
INVOLVEMENT IN THE GRIEVANCE. THIS SHALL NOT PRECLUDE AN EMPLOYEE FROM
PURSUING A GRIEVANCE AT STEP 2 OF THIS PROCEDURE, SUBJECT TO THE TIME
LIMITS THEREIN, IF THE RESPONSE FROM THE IG IS NOT SATISFACTORY. THE
EMPLOYEE MAY BE ACCOMPANIED BY A DESIGNATED REPRESENTATIVE WHEN USING
THE IG COMPLAINT SYSTEM.
SECTION 3. THE EMPLOYER AGREES TO FURNISH THE UNION A FINAL WRITTEN
DECISION CONCERNING THE NON-GRIEVABILITY OR NON-ARBITRABILITY OF A
GRIEVANCE, WITHIN THE TIME LIMITS PROVIDED FOR THE WRITTEN DECISION IN
STEP 3 OF THIS PROCEDURE. IF THE GRIEVANCE IS ALLEGED TO BE SUBJECT TO
STATUTORY APPEAL PROCEDURES, THE DECISION SHALL EXPRESSLY STATE THAT IT
IS THE ACTIVITY'S FINAL DECISION IN THE MATTER. ALL DISPUTES AS TO
WHETHER OR NOT GRIEVANCES ARE PRECLUDED FROM BEING PROCESSED UNDER THIS
PROCEDURE BY EXISTING STATUTORY APPEAL PROCEDURES SHALL BE REFERRED TO
THE ASSISTANT SECRETARY OF LABOR FOR DECISION. ALL OTHER DISPUTES OF
GRIEVABILITY OR ARBITRABILITY SHALL BE REFERRED TO AN ARBITRATOR AS A
THRESHOLD ISSUED OF THE GRIEVANCE IN ACCORDANCE WITH ARTICLE . . . ,
ARBITRATION.
SECTION 4. TIME LIMITS IN THIS ARTICLE MAY BE EXTENDED BY MUTUAL
AGREEMENT OF THE EMPLOYER AND THE UNION. MUTUAL AGREEMENT MUST BE IN
WRITING AND SIGNED BY THE ACTIVITY LOCAL UNION PRESIDENT, OR A
DESIGNATED REPRESENTATIVE, AND THE ACTIVITY LABOR RELATIONS OFFICER, OR
A DESIGNATED REPRESENTATIVE.
SECTION 5. IF A UNIT EMPLOYEE PRESENTS A GRIEVANCE DIRECTLY TO
MANAGEMENT, WITHOUT UNION REPRESENTATION, FOR ADJUSTMENT CONSISTENT WITH
THE TERMS OF THIS AGREEMENT, THE LOCAL SHALL BE GIVEN AN OPPORTUNITY TO
HAVE AN OBSERVER PRESENT AT ANY DISCUSSIONS OF THE GRIEVANCE ON OFFICIAL
TIME OF THE OBSERVER WOULD OTHERWISE BE IN A DUTY STATUS.
SECTION 6. THE EMPLOYER AND THE UNION AGREE THAT EVERY EFFORT WILL
BE MADE BY MANAGEMENT AND THE AGGRIEVED TO SETTLE GRIEVANCES AT THE
LOWEST POSSIBLE LEVEL. INASMUCH AS DISSATISFACTIONS AND DISAGREEMENTS
ARISE OCCASIONALLY AMONG PEOPLE IN ANY WORK SITUATION, THE FILING OF A
GRIEVANCE SHALL NOT BE CONSTRUED AS REFLECTING UNFAVORABLY ON AN
EMPLOYEE'S GOOD STANDING, PERFORMANCE, LOYALTY OR DESIRABILITY TO THE
ORGANIZATION.
SECTION 7. PROCEDURE FOR EMPLOYEE GRIEVANCES SUBMITTED TO THE
EMPLOYER
THE FOLLOWING PROCEDURE SHALL BE EXCLUSIVELY USED FOR THE SUBMISSION
OF EMPLOYEE GRIEVANCES TO THE EMPLOYER UNDER THIS ARTICLE. THIS SECTION
SHALL APPLY TO GRIEVANCES OF INDIVIDUAL EMPLOYEES THAT ARE SUBMITTED FOR
PERSONAL RELIEF IN MATTERS THAT ARE SUBJECT TO THE CONTROL OF THE
EMPLOYER.
A. INFORMAL STEP 1. AN EMPLOYEE OF THE BARGAINING UNIT DESIRING TO
FILE A GRIEVANCE MUST FIRST DISCUSS THE MATTER INFORMALLY WITH HIS FIRST
LEVEL SUPERVISOR WITHIN TWENTY-ONE (21) CALENDAR DAYS OF THE DATE OF THE
MANAGEMENT ACTION OR OCCURRENCE GIVING RISE TO THE GRIEVANCE OR
REASONABLE AWARENESS OF SUCH ACTION OR OCCURRENCE. SUCH INFORMAL
GRIEVANCES MAY BE PRESENTED ORALLY OR IN WRITING. IF THE GRIEVANCE IS
PRESENTED IN WRITING, THE STANDARD GRIEVANCE FORM (APPENDIX . . . ) WILL
BE USED.
(1) AN EMPLOYEE DESIRING TO FILE AN INFORMAL GRIEVANCE MAY REQUEST
THE ASSISTANCE OF HIS DISTRICT SHOP STEWARD IN PREPARING AND PRESENTING
THE INFORMAL GRIEVANCE. A GRIEVANT WILL INFORM HIS SUPERVISOR OF THE
NATURE OF HIS GRIEVANCE AND REQUEST THE ASSISTANCE OF THE DISTRICT SHOP
STEWARD SO THAT ARRANGEMENTS MAY BE MADE TO INFORMALLY DISCUSS THE
GRIEVANCE.
(2) SUBJECT TO THE PROVISIONS OF ARTICLE . . . , OFFICIAL TIME, A
GRIEVANT AND THE DISTRICT SHOP STEWARD WILL BE ALLOWED A MAXIMUM OF UP
TO 60 MINUTES OF OFFICIAL TIME, IF OTHERWISE IN A DUTY STATUS, IN
REASONABLE PRIVACY AND IN THE GRIEVANT'S IMMEDIATE WORK AREA, TO PREPARE
FOR THE INFORMAL DISCUSSION OF THE GRIEVANCE. THE GRIEVANCE SHALL THEN
BE DISCUSSED WITH THE GRIEVANT, THE DISTRICT SHOP STEWARD, THE FIRST
LEVEL SUPERVISOR, AND ANY OTHER PERSON(S) THE SUPERVISOR BELIEVES
NECESSARY FOR RESOLUTION. HOWEVER, IF UPON BEING INFORMED OF THE NATURE
OF THE GRIEVANCE PURSUANT TO PARAGRAPH (1) ABOVE, THE FIRST LEVEL
SUPERVISOR DETERMINES THAT IT IS NOT WITHIN HIS AUTHORITY TO RESOLVE THE
MATTER, THE SUPERVISOR SHALL MAKE ARRANGEMENTS WITH THE APPROPRIATE
MANAGEMENT OFFICIAL WITH REQUISITE AUTHORITY TO INFORMALLY DISCUSS THE
GRIEVANCE WITH THE EMPLOYEE AND HIS DISTRICT STEWARD.
(3) THE RECORD OF DISCUSSION OF INFORMAL GRIEVANCE (APPENDIX . . .
), FURNISHED BY THE DISTRICT SHOP STEWARD, SHALL BE COMPLETED AND SIGNED
AT THE INFORMAL DISCUSSION MEETING WITH A COPY TO THE SUPERVISOR.
(4) IF THE MATTER IS NOT SATISFACTORILY RESOLVED AT THE INFORMAL
DISCUSSION MEETING, A FINAL INFORMAL DECISION WILL BE ISSUED TO THE
GRIEVANT BY THE FIRST LEVEL SUPERVISOR (OR OTHER MANAGEMENT OFFICIAL AS
APPROPRIATE) WITHIN 14 CALENDAR DAYS OF THE INFORMAL DISCUSSION. IF THE
INFORMAL GRIEVANCE WAS PRESENTED IN WRITING ON THE STANDARD GRIEVANCE
FORM PROVIDED BY THE EMPLOYER, THE FORMAL DECISION WILL BE IN WRITING.
B. STEP 2. IF THE INFORMAL DISCUSSION OR DECISION AT STEP 1 FAILS
TO RESOLVE THE MATTER, THE GRIEVANCE MUST BE FILED BY THE EMPLOYEE AND
RECEIVED BY THE DIRECTORATE, STAFF OFFICE, TENANT COMMANDER, OR (IN THE
CASE OF GRIEVANCE FILED BY UNIT EMPLOYEES OF HQ AFLC, TO THE DEPUTY
CHIEF OF STAFF) OR EQUIVALENT LEVEL OF HIS/HER ORGANIZATION WITHIN SEVEN
(7) CALENDAR DAYS OF THE DATE OF THE STEP 1 DECISION. THE STANDARD
GRIEVANCE FORM PROVIDED BY THE EMPLOYER, WITH A COPY OF THE RECORD OF
DISCUSSION OF INFORMAL GRIEVANCE AND A COPY OF THE STEP 1 DECISION,
WHERE APPLICABLE, WILL BE FILED WITH THE APPROPRIATE MANAGEMENT OFFICIAL
AT THIS STEP. ADDITIONAL ISSUES MAY NOT BE RAISED AT THIS STEP UNLESS
FIRST CONSIDERED AT THE INFORMAL STEP.
(1) IF THE WRITTEN GRIEVANCE DOES NOT INCLUDE APPLICABLE INFORMATION
REQUIRED BY THE STANDARD GRIEVANCE FORM, THE GRIEVANT OR THE DESIGNATED
REPRESENTATIVE WILL BE CONTACTED BY THE EMPLOYER AND WILL BE GIVEN FIVE
CALENDAR DAYS TO SUBMIT THE MISSING INFORMATION. THEREAFTER, THE
EMPLOYER MAY REJECT A GRIEVANCE ALLEGING THAT THE WRITTEN GRIEVANCE WAS
NOT COMPLETE IN ACCORDANCE WITH THE REQUIREMENTS OF THE AGREEMENT. IF
THE EMPLOYER SO REJECTS A GRIEVANCE, THE UNION MAY INVOKE ARBITRATION IN
ACCORDANCE WITH ARTICLE . . . , ARBITRATION, ALLEGING THAT EMPLOYER'S
REJECTION OF THE WRITTEN GRIEVANCE WAS NOT JUSTIFIED. THE ARBITRATOR
SHALL HEAR EACH PARTY'S ARGUMENTS RELATE TO THE REJECTION OF THE
GRIEVANCE. IF THE ARBITRATOR RULES THAT THE GRIEVANCE WAS UNJUSTIFIABLY
REJECTED UNDER THE PROVISIONS OF THE AGREEMENT, THE ARBITRATOR SHALL
THEN HEAR THE PARTIES' ARGUMENTS AND RULE ON THE MERITS OF THE WRITTEN
GRIEVANCE ITSELF IN ACCORDANCE WITH THE ARBITRATION PROCEDURE.
(2) THE DIRECTOR, STAFF OFFICER CHIEF, TENANT COMMANDER, OR DSC, OR
DESIGNATED MANAGEMENT REPRESENTATIVE THEREOF WILL REVIEW THE GRIEVANCE
AND SCHEDULE A MEETING WITH THE GRIEVANT AND HIS DIVISION OR DIRECTORATE
STEWARD. AT SUCH MEETING, THE GRIEVANT AND HIS REPRESENTATIVE WILL BE
AUTHORIZED OFFICIAL TIME IF OTHERWISE IN A DUTY STATUS AND MAY PRESENT
EVIDENCE OR WITNESS IN SUPPORT OF THE GRIEVANCE.
(3) WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF THE MEETING, OR
WITHIN TWENTY-ONE (21) CALENDAR DAYS OF THE DATE THE 8RIEVANCE WAS FILED
AT STEP 2, WHICHEVER OCCURS LATER, THE DIRECTOR, STAFF OFFICER CHIEF,
TENANT COMMANDER, DSC, OR HIS DESIGNATED MANAGEMENT REPRESENTATIVE SHALL
RENDER HIS DECISION ON SAID GRIEVANCE IN WRITING TO THE GRIEVANT.
C. STEP 3. IF THE DECISION AT STEP 2 FAILS TO RESOLVE THE MATTER,
THE GRIEVANCE MUST BE SUBMITTED TO THE COMMANDER OF THE SUBORDINATE AFLC
ACTIVITY (FOR HQ AFLC, THE 2750TH ABW COMMANDER). THE GRIEVANCE MUST BE
SUBMITTED TO AND RECEIVED BY THE SERVICING ACTIVITY'S LABOR AND EMPLOYEE
RELATIONS DIVISION WITHIN 7 CALENDAR DAYS OF THE DATE OF THE STEP 2
DECISION.
(1) THE STANDARD GRIEVANCE FORM WITH ANY ADDITIONAL INFORMATION
DISCOVERED AT STEP 2, AND THE DECISIONS RENDERED AT STEPS 1 AND 2, WHERE
APPLICABLE, WILL BE FILED AS PART OF THE CASE FILE. NEW OR ADDITIONAL
ALLEGATIONS OR ISSUES NOT CONSIDERED AT PRECEEDING STEPS OF THE
GRIEVANCE PROCEDURE SHALL NOT BE RAISED.
(2) THE COMMANDER OF THE SUBORDINATE AFLC ACTIVITY OR HIS DESIGNATED
REPRESENTATIVE SHALL REVIEW THE GRIEVANCE, AND, AT HIS DISCRETION, MAY
SCHEDULE A MEETING WITH THE GRIEVANT AND HIS/HER DESIGNATED
REPRESENTATIVE. AT SUCH MEETING, THE GRIEVANT MAY PRESENT ANY EVIDENCE
OR TESTIMONY IN SUPPORT OF HIS/HER GRIEVANCE. THE GRIEVANT AND HIS/HER
DESIGNATED REPRESENTATIVE SHALL BE GRANTED OFFICIAL TIME FOR SAID
MEETING IF OTHERWISE IN A DUTY STATUS.
(3) WITHIN FOURTEEN (14) CALENDAR DAYS OF THE DATE OF THE MEETING OR
WITHIN TWENTY-ONE (21) CALENDAR DAYS OF THE DATE THE GRIEVANCE WAS FILED
AT STEP 3, WHICHEVER OCCURS LATER, THE EMPLOYER SHALL RENDER A DECISION
IN WRITING TO THE GRIEVANT. SUCH DECISION SHALL CONSTITUTE THE
EMPLOYER'S FINAL DECISION ON THE GRIEVANCE FOR THE PURPOSE OF INVOKING
ARBITRATION WHERE THE GRIEVANCE INVOLVES DISCIPLINARY ACTION OF ANY
KIND, SUPERVISORY APPRAISAL, MATTERS CONCERNING ACTIVITY PERSONNEL
POLICIES, PRACTICES, AND WORKING CONDITIONS AND/OR THE INTERPRETATION
AND APPLICATION OF AGENCY REGULATIONS OR LOCAL SUPPLEMENTS TO THIS
AGREEMENT. EXCEPT AS PROVIDED ABOVE, GRIEVANCES WHICH CONCERN THE
INTERPRETATION OR APPLICATION OF THIS MASTER AGREEMENT MUST BE PROCESSED
THROUGH STEP 4 BELOW BEFORE ARBITRATION MAY BE INVOKED.
D. STEP 4. IF THE DECISION AT STEP 3 OF THE GRIEVANCE PROCEDURE
FAILS TO RESOLVE THE MATTER, THE GRIEVANCE MUST BE SUBMITTED TO THE
LABOR AND EMPLOYEE RELATIONS DIVISION, HQ, AFLC, FOR REVIEW AND FINAL
DECISION BY THE EMPLOYER. THE REQUEST FOR REVIEW MUST BE FORWARDED
WITHIN SEVEN (7) CALENDAR DAYS OF THE DATE OF THE STEP 3 DECISION, WITH
POSTMARK INDICATING DATE FORWARDED.
(1) THE REQUEST FOR REVIEW MUST CONTAIN THE STANDARD GRIEVANCE FORM
WITH ANY ADDITIONAL INFORMATION DISCOVERED AT STEP 3 AND THE DECISIONS
RENDERED AT STEPS 1, 2, AND 3 AS APPLICABLE. NEW OR ADDITIONAL
ALLEGATIONS NOT CONSIDERED AT PRECEEDING STEPS OF THE GRIEVANCE
PROCEDURE SHALL NO BE RAISED.
(2) HQ AFLC SHALL REVIEW THE GRIEVANCE AND RENDER A FINAL DECISION
THEREON WITHIN FOURTEEN (14) CALENDAR DAYS OF RECEIPT OF THE REQUEST FOR
REVIEW. FAILURE OF THE EMPLOYEE TO RENDER A DECISION WITHIN THIS TIME
LIMIT SHALL CONSTITUTE A REJECTION OF THE GRIEVANCE. THE EMPLOYER'S
FINAL DECISION SHALL BE SERVED ON THE GRIEVANT WITH A COPY TO THE
COUNCIL PRESIDENT.
SECTION 8. FOR GRIEVANCES BETWEEN THE EMPLOYER AND THE UNION AT THE
SUBORDINATE AFLC ACTIVITY CONCERNING THE INTERPRETATION/APPLICATION OF
THIS AGREEMENT AND SUPPLEMENTS THERETO NOT INVOLVING GRIEVANCES OF
PERSONAL CONCERN TO INDIVIDUAL EMPLOYEE(S), THE FOLLOWING PROCEDURES
SHALL APPLY:
A. IF THE EMPLOYER IS AGGRIEVED AT THE SUBORDINATE ACTIVITY LEVEL,
ITS REPRESENTATIVE SHALL FILE A WRITTEN GRIEVANCE WITH THE PRESIDENT OF
THE UNION LOCAL REPRESENTING BARGAINING UNIT EMPLOYEES AT THAT
PARTICULAR ACTIVITY WITHIN 21 CALENDAR DAYS OF THE DATE OF THE
OCCURRENCE CAUSING SAID GRIEVANCE. REPRESENTATIVES OF THE PARTIES SHALL
MEET AS SOON AS POSSIBLE ON A MUTUALLY AGREEABLE DATE, BUT NOT LATER
THAN 14 CALENDAR DAYS FROM THE DATE OF SUBMISSION OF THE GRIEVANCE, AT
THE SUBORDINATE AFLC ACTIVITY TO DISCUSS THE MATTER. WITHIN 14 CALENDAR
DAYS OF SAID MEETING, THE PRESIDENT OF THE RESIDENT AFGE LOCAL SHALL
RENDER HIS DECISION IN THE MATTER TO THE COMMANDER OF THE SUBORDINATE
AFLC ACTIVITY. IF SUCH DECISION FAILS TO RESOLVE THE MATTER, THE
EMPLOYER MAY INVOKE THE PROCEDURES FOR ACTIVITY LEVEL ARBITRATION AS SET
FORTH IN ARTICLE . . . .
B. IF THE UNION IS AGGRIEVED AT THE SUBORDINATE AFLC ACTIVITY LEVEL,
THE PRESIDENT OF THAT ACTIVITY'S RESIDENT AFGE LOCAL SHALL, WITHIN 21
CALENDAR DAYS OF THE DATE OF THE ACT OR OCCURRENCE CAUSING THE
GRIEVANCE, FILE SAID GRIEVANCE AT STEP 3 OF THIS PROCEDURE AS OUTLINED
HEREIN AND PROCESS SAID GRIEVANCE THROUGH STEP 4. IF EMPLOYER'S
DECISION AT STEP 4 FAILS TO RESOLVE THE MATTER, THE UNION MAY INVOKE THE
PROCEDURES FOR ACTIVITY LEVEL ARBITRATION IN ACCORDANCE WITH ARTICLE . .
. , ARBITRATION.
SECTION 9. GRIEVANCES BETWEEN THE EMPLOYER AND THE UNION AT THE
COMMAND LEVEL OVER INTERPRETATION/APPLICATION OF THIS AGREEMENT
INVOLVING ACTIONS OR DECISIONS OF THE EMPLOYER'S HEADQUARTERS OR THE
UNION'S EXECUTIVE OFFICERS SHALL BE FILED DIRECTLY BY THE AGGRIEVED
PARTY AS FOLLOWS:
A. WITHIN 30 CALENDAR DAYS OF THE INCIDENT, THE AGGRIEVED PARTY MUST
FILE A WRITTEN GRIEVANCE ON THE STANDARD GRIEVANCE FORM WITH THE PARTY
ALLEGED TO HAVE VIOLATED THIS AGREEMENT. ALL PERTINENT DOCUMENTATION,
INFORMATION, AND CORRESPONDENCE MUST BE INCLUDED.
B. THE PARTIES, AT EITHER THE COMMAND OR THE ACTIVITY LEVEL, MAY
MEET INFORMALLY TO DISCUSS AND ATTEMPT TO RESOLVE THE MATTER.
C. WITHIN 30 DAYS OF THE DATE OF THE INITIAL GRIEVANCE, THE
RESPONDING PARTY SHALL ISSUE A FINAL DECISION IN THE MATTER. QUESTIONS
OF GRIEVABILITY/ARBITRABILITY MUST BE RAISED AT THIS POINT. THE
PRESIDENT, AFLC COUNCIL OF AFGE LOCALS, AND THE CHIEF, LABOR/EMPLOYEE
RELATIONS DIVISION, HQ AFLC, ARE AUTHORIZED TO FILE AND/OR RESPOND TO
GRIEVANCES AT THE COMMAND LEVEL FOR THE UNION AND THE EMPLOYER
RESPECTIVELY.
SECTION 10. RELEASE OF STEWARDS FROM THEIR OFFICIAL DUTIES FOR THE
PURPOSE OF EMPLOYEE REPRESENTATION WILL BE GRANTED IN ACCORDANCE WITH
ARTICLE . . . , UNION REPRESENTATION/OFFICIAL TIME.
SECTION 11. EMPLOYEES SHALL BE MADE AVAILABLE AS WITNESSES AT ANY
STEP AND WILL NOT SUFFER LOSS OF PAY OR CHANGE TO LEAVE WHILE THEY ARE
SERVING IN THAT CAPACITY IF OTHERWISE IN A DUTY STATUS.
SECTION 12. IT IS AGREED THAT EXCEPT FOR MATTERS INVOLVING STATUTORY
APPEALS PROCEDURES, ALL QUESTIONS OF GRIEVABILITY OR ARBITRABILITY SHALL
BE REFERRED TO AN ARBITRATOR AS THRESHOLD ISSUES IN THE GRIEVANCE IN
ACCORDANCE WITH ARTICLE . . . , ARBITRATION. IF THE ARBITRATOR
DETERMINES THAT THERE IS A REASONABLE PRIMA FACIE BASIS THAT THE ISSUE
IS ARBITRABLE, THE ARBITRATOR WILL HEAR THE MERITS OF ARBITRATION.
--------------- FOOTNOTES$ ---------------
/1/ THE INSTANT CASE, INVOLVING AN ALLEGED UNFAIR LABOR PRACTICE
ARISING UNDER SECTION 7118 OF THE STATUTE AND PART 2423 OF THE
AUTHORITY'S REGULATIONS, IS THEREFORE DISTINGUISHABLE FROM VETERANS
ADMINISTRATION MEDICAL CENTER, SALISBURY, NORTH CAROLINA AND AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1738, 2 FLRA NO.
54(1980), WHEREIN THE AUTHORITY DISMISSED A NEGOTIABILITY APPEAL FILED
BY AN AGENCY, CONCLUDING THAT THERE IS NO BASIS IN THE LANGUAGE OR
LEGISLATIVE HISTORY OF SECTION 7117(C) OF THE STATUTE FOR AN AGENCY TO
FILE A NEGOTIABILITY APPEAL AND THAT PART 2424 OF THE AUTHORITY'S
REGULATIONS DO NOT PROVIDE THAT AN AGENCY MAY DO SO.
/2/ SECTION 2423.13(B) OF THE AUTHORITY'S RULES AND REGULATIONS
PROVIDES AS FOLLOWS:
SECTION 2423.13 ANSWER TO THE COMPLAINT; EXTENSION OF TIME FOR
FILING; AMENDMENT.
* * * *
(B) THE ANSWER: (1) SHALL SPECIFICALLY ADMIT, DENY, OR EXPLAIN EACH
OF THE ALLEGATIONS OF
THE COMPLAINT UNLESS THE RESPONDENT IS WITHOUT KNOWLEDGE, IN WHICH
CASE THE ANSWER SHALL GO
STATE; OR (2) SHALL STATE THAT THE RESPONDENT ADMITS ALL OF THE
ALLEGATIONS IN THE
COMPLAINT. FAILURE TO FILE AN ANSWER OR TO PLEAD SPECIFICALLY TO OR
EXPLAIN AND ALLEGATION
SHALL CONSTITUTE AN ADMISSION OF SUCH ALLEGATION AND SHALL BE SO
FOUND BY THE AUTHORITY,
UNLESS GOOD CAUSE TO THE CONTRARY IS SHOWN.