1. RECOGNITION: The Employer recognizes that the Union has the exclusive right to represent all employees in the unit in negotiations and formal meetings with the Employer, with regard to matters affecting the conditions of employment.
a. The Employer agrees to respect the rights of the Union.2. UNION-MANAGEMENT MEETING PROCEDURES: The meeting is intended to provide the parties an opportunity to mutually explore matters concerning the labor-management relationship and effective operations of the organization. The party requesting the meeting shall provide an agenda of subjects to be discussed. The other party may also provide a list of subjects which will be discussed. The agenda items shall not be subjects of individual or institutional grievances but will pertain to matters of mutual concern of the parties. The meeting will be for one day.b. The Union has the right to present its views, ideas or recommendations to any level of management, or other officials of the executive branch of the Government, the Congress, or other appropriate authorities regarding personnel policies, practices or conditions of employment.
c. Upon request from either party, Union officials and Employer supervisors shall informally discuss items of concern in the application of the Agreement or law, rule or regulations to avoid misunderstanding. Representatives of the union and Employer shall not refuse to meet to discuss these matters.
d. The Employer will recognize elected union officers and appointed representatives throughout the bargaining unit. The Union will supply the Employer in writing, and will maintain on a current basis, a list of the Union officials. At a minimum, the list shall be forwarded to the Employer on a semi-annual basis. The list will identify the group of bargaining unit employees each official is designated to represent. Except as provided in paragraph e, Union officials will provide representational services on official time only to employees within their representational area.
e. In any field agency where the Union is unrepresented by an official or steward, the Union President will be given advance notice of any formal change in policies, procedures, working conditions or grievance discussions. In those instances the Union may assign another Union official from outside the Agency to assist the employee. These dealings will be undertaken to the fullest extent possible by telephone, mail or other means. If it becomes necessary for a Union official to personally visit the Passport Agency to assist the employee, it shall normally be the nearest official. The Employer will not be responsible for travel and per diem cost of the Union official. However, the official shall be permitted official time as provided in Section 5 to represent the employee and for travel time to and from the location.
f. The Employer agrees to recognize duly accredited representatives of the NFFE National Office. The Union shall provide notice in accordance with Section 6 to the Employer of visit to be made by representatives of the National Office.
The meeting will be held on a mutually agreeable date during the first year of this agreement and each year thereafter. Management will provide official time and expenses for travel and per diem for the Union President and up to 3 other representatives as designated by the Union. The names of the Union official must be provided to the Employer 30 days in advance of the meeting.
3. REPRESENTATION:
a. The initial point of contact shall be the lowest level Employer official and lowest level Union official having responsibility to act. If either Party at the initial point of contact feels a matter is outside its jurisdiction, the matter shall be referred immediately to the next higher level.4. FORMAL DISCUSSIONS: The Union shall be provided an opportunity to be present at any formal discussions between Management and an employee(s) concerning any grievance, personnel policy or practices or other general condition of employment.b. The Employer's contact for matters affecting more than one agency or beyond the headquarters office is the Union President, or in the case of a vacancy in that position whomever the Union designates. The Union may authorize the NFFE National Office to act on its behalf in any dealings with the Employer. Dealings will be undertaken by mail, telephone, or as otherwise mutually agreed.
6. PROCEDURE FOR OFFICIAL TIME: The representative will consult his/her supervisor to obtain concurrence for official time usage. The representative will provide the approximate amount of official time that will be needed, a telephone number where the representative may be contacted and a general description of the duties (e.g. employee complaints, ULP investigations). If the representative requires more official time than originally approved by the supervisor, he/she will contact the supervisor to obtain additional time.Official Time will be granted in accordance with 5 U.S.C. 7131.
a. The following Union officials shall be granted a reasonable amount of official time to perform representational and contract administration functions:
(1) Presidentb. Reasonable time for representational and contract administration functions must necessarily depend on the facts and circumstances of each case, e.g., number and nature of allegations, number and complexity of supporting specifics, the volume of supporting evidence, availability of documents and witnesses and similar considerations. To that end, except for the Union President, reasonable time is presumed to be up to 15% of duty time during any week as requested and approved. Any additional time as needed will be approved on a case by case basis by the Regional or office Director. The decision to approve additional time will depend on the facts and circumstances of each case. Any Union official may request a two hour block of time per week for representational purposes. The two hour block will count against the alloted amount for the week. All requests for representational time will be made in advance.(2) Secretary/Treasurer
(3) One Vice-President at each Regional Agency and one for headquarters
(4) One Steward at each agency/location where there are less than 40 bargaining unit
employees; two stewards at each agency/location where there are 40 to 80 employees; and three stewards at each agency/location where there are more than 80 employees.(5) Unit employees appointed to represent the Union to discuss or negotiate with the Employer in a joint meeting.
c. The Union President will be granted 60% duty time for representational functions including, but not limited to, handling complaints, contract administration, assisting representatives with representational issues, and appropriate legislative functions.
d. Thirty-two (32) hours of official time will be provided annually to the Secretary/Treasurer for preparation of information reports required under 5 USC 7120 (c), including financial reports and trusteeship reports. The Secretary/Treasurer will be granted official time for actual time spent communicating and transmitting dues withholding issues to the Personnel Office, or other designated management official. No official time is authorized for the processing or batching of dues withholding forms. The Secretary/Treasurer shall also be entitled to up to 2 hours per week for time approved and actually used for representation purposes, subject to conditions in this article. The Secretary/Treasurer shall also receive official time in accordance with the subsection above when serving as Local 1998 President.
e. In addition to the above, Union officials will be granted reasonable amounts of official time to attend Employer initiated meetings. Official time will not be authorized for the performance of internal Union business, which includes soliciting membership, election of officers, and collection of dues.
Normally a representative will be released unless work conditions require his/her presence on the job. When release cannot be accomplished immediately, the representative will be released as soon as possible and the representative will be notified by the supervisor of approximately when that time will occur. If a visit to a bargaining unit employee is required, the representative must consult with and obtain concurrence from the supervisor of the employee on the proposed time before the visit.
The representative will inform his/her supervisor upon return to his/her official duties. If the supervisor is absent, the representative will leave a note documenting the time of return.
All Union representatives shall document their use of official time in the same manner as their work output is accounted. Employees who use official time but do not have a regular work output form for accountability shall record official time on the official time charge form.
Bargaining unit members who are conferring with recognized Union officials will be granted official time on the same basis that the Union official has requested official time.
The Policy and Procedures of this Article on the use of official time must be used by employees who are engaging in self representation.
7. INTERNAL UNION BUSINESS: Internal Union business (solicitation of Union membership, election of Union officials or collection of dues) will be conducted during the non-work time of the employees involved. Upon request and subject to normal security limitations, the Union will be granted authority at each agency to conduct two (2) membership drives of up to fifteen (15) days each per year, before and after work hours and during scheduled break periods and lunch periods. The agency will provide tables and easels at convenient locations for the use of the Union drive.
8. FREEDOM FROM RESTRAINT: There shall be no restraint, coercion or discrimination against any Union official because of the performance of duties in consonance with this Agreement and the Civil Service Reform Act of 1978, or against any employee for filing a complaint or acting as a witness under this Agreement, the aforementioned Act, or applicable regulations.
9. The Employer agrees to keep the Union informed about proposed
changes to employee benefit programs and new proposals, such as family
leave, subsidized childcare, and transit vouchers. Periodic updates
will include information on the progress of development and proposed deployment
timeframes.