Agreement Between

Passport Services and the

National Federation of Federal Employees—Local 1998

ARTICLE

No. TITLE Page

I PREAMBLE 2

II RECOGNITION AND UNIT DESIGNATION 4

III DEFINITIONS 5

IV MANAGEMENT RIGHTS 7

V EMPLOYEE RIGHTS AND RESPONSIBILITIES 8

VI UNION RIGHTS AND REPRESENTATION 12

VII NEGOTIATIONS 17

VIII GRIEVANCE PROCEDURE 20

IX ARBITRATION 25

X VOLUNTARY ALLOTMENT OF UNION DUES 28

XI USE OF OFFICIAL FACILITIES AND SERVICES 30

XII ORIENTATION OF NEW EMPLOYEES 34

XIII SAFETY, HEALTH AND SECURITY 35

XIV DISCIPLINARY AND ADVERSE ACTIONS 38

XV ACTIONS BASED ON UNACCEPTABLE PERFORMANCE 41

XVI POSITION DESCRIPTIONS 43

XVII INCENTIVE AWARDS 44

XVIII PERFORMANCE STANDARDS AND EVALUATION 45

XIX MERIT SYSTEM ‑ PROMOTION AND DETAIL 48

XX EQUAL EMPLOYMENT OPPORTUNITY 52

XXI UPWARD MOBILITY 55

XXII EMPLOYEE ASSISTANCE PROGRAM 56

XXIII TRAINING 57

XXIV LABOR‑MANAGEMENT RELATIONS TRAINING 58

XXV WORKWEEK AND HOURS OF WORK 59

XXVI FLEXITOUR 61

XXVII OVERTIME 65

XXVIII CONTRACTING OUT OF WORK 66

XXIX REDUCTION‑IN‑FORCE/OUTPLACEMENT 68

XXX LEAVE 70

XXXI PREMIUM PAY 77

XXXII SEASONALS 78

XXXIII DURATION AND EXTENT OF AGREEMENT 79

ARTICLE I: PREAMBLE

Pursuant to the policy set forth by Title VII of the Civil Service Reform Act of 1978 (P. L. 95‑454) governing Federal Labor‑Management Relations, the following articles of this basic agreement, together with any and all supplemental agreements and/or amendments which may be subsequently agreed to, constitute the total agreement between Passport Services, Bureau of Consular Affairs, United States Department of State, (hereinafter called the EMPLOYER), and the National Federation of Federal Employees, Local 1998 (hereinafter called the UNION), for the employees in the unit described in Article II, below (hereinafter called the EMPLOYEES). The Employer and the Union are collectively referred to as the PARTIES.

This agreement is entered into pursuant to the Certificate of Representative, dated September 10, 1985, in Federal Labor Relations Authority Case No. 3‑UC‑50003.

The mission of the Employer is to serve and protect the public interest through the issuance of passports in accordance with applicable laws, regulations and policies, and to perform other duties with respect to the entry and exit of persons into and from the United States of America.

The Parties agree that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them:

a. safeguards the public interest;

b. contributes to the effective conduct of public business, and

c. facilitates and encourages the amicable settlement of disputes between the Employer and the Union involving conditions of employment.

The Parties further agree that the public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government. Therefore, labor organizations and collective bargaining in the Civil Service are in the public interest. The Parties also agree that this contract should be interpreted and administered in a manner consistent with the requirement of an effective and efficient Government.

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ARTICLE III: DEFINITIONS

For purposes of this Agreement, the terms listed below are defined as follows:

I. UNION: The National Federation of Federal Employees, Local 1998.

2. EMPLOYER: U.S. Department of State, Bureau of Consular Affairs, Passport Services, Passport Agencies.

3. PARTIES: The Employer and the Union collectively.

4. UNION OFFICIAL and/or UNION REPRESENTATIVE: A duly elected or appointed representative or designee of the Union, and any accredited National Representative of the National Federation of Federal Employees.

5. NEGOTIATION: The performance of the mutual obligation of the Employer and the Union representatives to meet at reasonable times and to bargain in a good faith effort to reach an agreement with respect to the conditions of employment affecting employees and to execute, if requested by either party, a written document incorporating any agreement reached.

6. NEGOTIABILITY DISPUTE: A disagreement between the Parties as to the obligation of either Party to negotiate over a proposal.

7. JOINT MEETINGS: Meetings between the Parties which are held for communication and exchange of views on matters that affect conditions of employment of unit employees.

8. AMENDMENTS: Modification of this Agreement through negotiated changes, additions and deletions to any Article or section thereof.

9. SUPPLEMENTS: Additional articles, negotiated during the term of this Agreement, to cover matters not adequately covered by this Agreement.

10. GRIEVANCE: Any complaint by an employee concerning any matter relating to employment of the employee; by the Union concerning any matter relating to the employment of any employee; by any employee, the Union or the Employer concerning the effect or interpretation or claim of breach of a collective

bargaining agreement, or any claimed violation, misinterpreta-

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ARTICLE IV: MANAGEMENT RIGHTS

1. In the administration of all matters covered by this agreement, the Parties and the employees are governed by existing or future laws.

2. Subject to Section (3) of this Article, nothing in this Agreement shall affect the authority of any management official of the Employer:

a. To determine the mission, budget, organization, number of employees, and internal security practices of the Employer; and

b. In accordance with applicable laws:

1. To hire, assign, direct, lay off, and retain employees in the agency (Department of State), or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

2. To assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency (Department of State) operations shall be conducted;

3. With respect to filling positions: To make selections for appointments from: (A) among properly ranked

and certified candidates for promotion; or (B) any other appropriate source; and

4. To take whatever actions may be necessary to carry out the Employer's mission during emergencies.

3. Nothing in this Article shall preclude the Employer and the Union from negotiating:

a. At the election of the Employer, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work.

b. Procedures which management officials of the Employer will observe in exercising any authority under this Article; or

c. Appropriate arrangement for employees adversely affected by the exercise of any authority under this Article by such management officials.

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ARTICLE V: EMPLOYEE RIGHTS & RESPONSIBILITIES

1. UNION MEMBERSHIP:

a. Employees in the unit shall be protected in the exercise of their right, freely and without fear of penalty or reprisal, to form, join, and assist an employee organization, or to refrain from such activity. This Agreement does not prevent any employee, regardless of employee organization membership, to bring matters of personal concern to the attention of appropriate officials in accordance with applicable laws, regulations, or Employer policies, or from choosing his or her own representative in a statutory appeal action.

b. Nothing in this Agreement shall abrogate any employee right or require an employee to become or to remain a member of a labor organization except pursuant to a voluntary, written authorization by a member for the payment of dues through payroll deductions.

c. The Employer shall not discipline or otherwise discriminate against any employee because he or she has filed a complaint or given testimony under the Civil Service Reform Act, this grievance procedure, or any other available procedure for redressing wrongs to an employee.

d. The Employer will not coerce or in any manner require employees to invest their money, donate to charity, or participate in activities, meetings, or undertakings not related to their performance of official duties.

2. REPRESENTATION: An employee has the right to the opportunity to be represented by the Union at:

a. Any formal discussion between one or more representatives of the Employer and one or more employee(s) or their representatives concerning any grievance or any personnel policy, practice or other general condition of employment.

b. Any examination of the employee by a representative of the Employer in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee and the employee requests representation. Employees shall be provided annual notification of this right.

3. INFORMING THE EMPLOYEE: Employees shall be kept informed of rules, regulations and policies under which they

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are obligated to work. Such information will be given to each new employee and will be highlighted during orientation sessions for new employees.

4. Employees have the right to engage in outside activities and employment of their own choosing, and otherwise conduct their private lives as they see fit, provided they meet all applicable laws and regulations.

5. All unit employees and Employer officials deserve and shall be entitled to be treated with mutual respect, dignity, common courtesy and consideration.

6. NONDISCRIMINATION: No employee will be discriminated against by either the Employer or the Union on account of race, color, creed, religion, sex, national origin, age, marital status, nondisqualifying physical handicap or lawful political affiliation.

7. OFFICE ATTIRE: Employees will observe reasonable dress, appearance and grooming standards. Reasonable standards are those which are conducive to a working environment that is safe, productive and non‑disruptive and conveys a sense of service to the public. For reference purposes those standards are comparable to those expected in major department stores or commercial banking operations.

B. NAME PLATES: All employees who are expected to deal with the public will be provided a name plate by the Employer. The employees' name plates must be displayed at the work station. Employees within each agency will by a majority agree on uniform wording for the name plates in that agency.

9. ACCESS TO INFORMATION: Upon written request, employees will be given the opportunity to review State Department and Employer directives and regulations. The employee may be given time during the work day to review these regulations and directives. On written request, the Employer will provide copies of directives and regulations not locally available. In addition, when a written request is imprecise in its request for information, the Employer agrees to help an employee identify and find a specific law, rule, regulation or directive.

The name and phone number for the Agency's servicing personnel specialist shall be posted in a prominent location.

10. Permission must be obtained from the immediate supervisor and arrangements made with the Regional Director/

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office Director before the employee leaves the work station. Normally an employee will be released as soon as possible when requested unless work conditions require his/her presence on the job. When release cannot be accomplished immediately, the employee will be released as soon as possible. An employee not on duty need only make arrangement with the Regional Director/ Office Director.

11. RELOCATION: An employee may request relocation in writing at any time. The request must be submitted to the Regional or Office Director stating the specific reasons for the request and the office or Agency to which the employee would like to be assigned. The Employer will consider the request and will provide a written response within 30 days of receipt. If the Employer rejects the request, the reasons for rejection will be given.

It is understood that a negative decision on a relocation request may not be grieved unless there is an allegation that the Employer has violated this Agreement or a published law, rule or regulation.

12. CORRECTIVE ACTIONS: Employees will normally not be admonished, counselled or given verbal warnings except in a setting that protects an individuals' dignity and confidentiality. It is recognized, however, that in some instances the corrective action must be given immediately, on‑the‑site where the improper behavior occurred.

13. RECORD RETENTION: Employees will receive copies of all documents placed in their official personnel files and in the administrative files maintained on employees by management at the local level. Records will not be retained longer than the period prescribed by Governmentwide or Agency regulations. Copies of employee records will be provided to employees upon request and where permitted by regulations.

14. TESTIFYING: When an employee is requested to testify in his/her official capacity on behalf of the Government, the employer will determine the appropriate response to the request. If an employee is directed to testify, the employer will ensure that the employee, to the extent possible, will receive all necessary cash advances and transportation arrangements prior to the commencement of travel.

15. EMPLOYEE REPORTS: Employees working with the public may request time away from the public area if the employee has been threatened either verbally or physically by an applicant.

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ARTICLE VI: UNION RIGHTS AND REPRESENTATION

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.

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 them cost of the Union official. Travel time will be charged to the appropriate leave category. However, the official shall be permitted official time as provided in Section 5 to represent the employee.

f. The Employer agrees to recognize duly accredited representatives of the NFFE National Office. The Union shall

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provide notice in accordance with section 6 to the Employer of visit to be made by representatives of the National Office.

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.

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 for the Union President and up to 3 other representatives official expenses for travel and per them will be paid for up to three representatives, including the President, as designated by the Union. The names of the Union official must be provided to the employee 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. This will normally be the first level supervisor for the Employer and the Vice‑President (or the Steward in the V.P.'s absence or specific unavailability) for the Union. 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.

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.

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.

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5. OFFICIAL TIME: The following Union officials shall be granted a reasonable amount of official time to perform representational and contract administration functions:

a. President

b. One Vice‑President at each Regional Agency and one for headquarters

c . One steward at each Agency with the following exceptions:

‑ One additional steward at the Rockefeller Center and Washington Agencies

‑ Two stewards for the K Street headquarters

- One steward at Main State

d. Unit employees appointed to represent the Union to discuss or negotiate with the Employer in a joint meeting.

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 no more than 15% of duty time during any pay period. Any additional time has to be approved by the Regional or office Director. The decision to approve additional time will depend on the facts and circumstances of each case.

Reasonable time for the Union President is presumed to be no more than 30% of duty time during any pay period. On a case by case basis the President may request up to an additional 5% of the duty time within the pay period. The request will specify the amount of time and the purpose or type of representational activity. The only such requests which may be authorized are for matters which arise from employees requesting assistance. This includes assistance of employees who have concerns regarding a grievance or potential grievance, questions on personnel or office policies, etc. Approval of requests will also be subject to workload requirements and other procedures of this agreement.

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, shall be accorded to Union

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officials. In addition to the above, the 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.

6. PROCEDURE FOR OFFICIAL TIME: When a representative needs official time to perform his/her duties it will be requested on an individual case by case basis. All requests for the use of official time must be approved by the representative's supervisor prior to the representative leaving his/her work location.

The representative will inform his/her supervisor of the approximate amount of official time that will be needed, the location where the representative will be performing the duties 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 approval for additional time.

Normally a representative will be released when requested 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 of approximately when that time will occur, by the supervisor upon request. If a visit to a bargaining unit employee is required, the representative must obtain prior permission from the supervisor of the employee 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

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ARTICLE VII: NEGOTIATIONS

1. The Parties to this agreement have the responsibility to conduct negotiations and other dealings in good faith and in such a manner as will further the public interest.

2. MANAGEMENT OBLIGATION:

a. The Employer agrees to give reasonable advance written notice to the Union and the opportunity to negotiate any new or change in personnel policy or practice affecting working conditions of unit employees, which is proposed during the life of the Agreement. Negotiation of procedures to implement decisions which are Management rights and impact bargaining on those decisions will also be handled in accordance with this Article.

b. Notification may include a final date for the Union to request negotiations with respect to the proposed change.

In no case shall such final date be less than ten (10) calendar days from receipt of the notification of the proposed change. When the notification does not include a final date for the Union to request negotiations, and the Union wishes to negotiate, the Union shall make such a request within thirty (30) calendar days from the date of receipt of the notification. Nothing herein shall preclude the Parties, by mutual consent, from extending any time limits imposed under this Section.

c. The Employer notice also shall state the identity of the Employer official authorized to enter into a binding agreement, and the names of other Employer representatives, if any, who are authorized to participate in the negotiations.

3. UNION OBLIGATION:

a. When the Union desires to negotiate with respect to a change proposed by the Employer, the Union shall notify the management official from whom the notification was received. Such notification will be in writing, and within the specified time, if any, or within the standard time period.

b. If the Union believes it needs more or better information in order to respond to the proposal, it must request that information within five (5) days of receipt of the proposal. The request will be made by telephone and directed to the named Employer representative. The employer's representative will provide the information in writing within five (5) days of the request. The time limits for the union

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response will be extended 10 days if it requests information under this provision.

c. Any subsequent Union response shall state the specific language the Union wishes to offer for negotiations.

d. The Union agrees that any Union proposals will be directly related to the adverse impact of the proposed changes to the terms and conditions of employment and will not deal with matters unrelated to the proposal.

e. The Union's notice also shall state the identity of the Union official authorized to enter into a binding agreement, and the names of other Union representatives, if any, who are authorized to participate in the negotiations.

f. If the Union does not respond within the specified period of time of notification of a proposed change in policy affecting conditions of employment, then the policy may be implemented.

g. If proposals are submitted by the Union, they shall be negotiated by the Parties at a time mutually agreed upon. Any necessary face to face negotiations will take place in Washington, D.C., unless otherwise agreed to by the Parties.

h. In any negotiations in accordance with the provisions of this Article, the number of Union negotiators on official time shall not exceed the number of Employer negotiators.

i. To the extent feasible, where the designated representatives of the Parties are not in the same commuting area, the Parties agree to use the mail and telephone to conduct negotiations under this Agreement in order to reduce costs.

4. NEGOTIATIONS PROCEDURES:

a. In cases where there is mutual agreement to negotiate on a mid‑contract proposal, or where either Party may unilaterally request negotiations in accordance with the Article on "Duration and Extent of Agreement", Section 2. b., the Employer will provide official time, and, as appropriate, travel and per diem to Union negotiators to attend the bargaining sessions. Likewise, Union negotiators attending mid‑contract bargaining sessions to negotiate the impact and implementation of Employer initiated proposals, will receive official time, and as appropriate, travel and per diem.

b. Union officials will be on official time when

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negotiating during regular duty hours. Overtime will not be paid to members of the Union negotiating team while in negotiations.

c. Upon reaching agreement on all articles, the agreement shall be signed by the members of both negotiating teams, ratified by the Union members in a manner prescribed by the Union and, upon ratification, signed by the Union President, and approved by the Employer.

5. PREPARATION TIME: When initiating a proposal in accordance with this Article, the Employer will provide the Union representative a "reasonable" amount of official time to develop a Union response. The Employer will inform the Union the amount of time, if any, it considers "reasonable" at the same time it presents its Employer proposal to that Union representative. If the Union representative disagrees with the amount of official time provided for preparation of a response, the Union representative immediately will initiate a discussion with the appropriate Employer representative designated for this purpose. The Employer will not delay negotiations on, or the implementation of, proposals pending the resolution of disagreements over the amount of official time that would be appropriate for the Union representative to develop a response. Agreements reached through formal bargaining at the Local 1998 level shall be signed by the Union President and whomever is authorized by the Employer.

6. NEGOTIATIONS IMPASSE: When the Parties cannot agree on a negotiable matter and an impasse has been reached, the item shall be set aside. After all the negotiable items on which agreement can be reached have been disposed of, the Parties shall again attempt to resolve any impasses. Either or both Parties may seek the services of the Federal Mediation and Conciliation Service. When the services of mediation do not resolve the impasse, either Party may seek the services of the Federal Service Impasses Panel.

7. NEGOTIABILITY QUESTION: If management believes a union proposal is nonnegotiable, it will raise the issue of negotiability in a timely fashion in the early stages of the negotiations process. Upon written request, the Union will be provided with a written statement of the rationale for a claim of nonnegotiability.

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ARTICLE VIII: GRIEVANCE PROCEDURE

1. PURPOSE: The purpose of this Article is to provide a mutually acceptable method for the prompt and equitable settlement of grievances filed by bargaining unit employee(s), the Union or the Employer.

The Employer and the Union recognize the importance of settling disagreements and disputes promptly, fairly, and in an orderly manner that will maintain the self‑respect of the employee and is consistent with the principles of good management. To accomplish this, the Parties will attempt to settle grievances expeditiously and at the lowest level of supervision. Employees and their representatives will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal, consistent with 5 U.S.C. and this Agreement, in seeking adjustment of grievances.

2. DEFINITIONS: A grievance means any complaint by an employee concerning any matter relating to employment of the employee; by the Union concerning any matter relating to the employment of any employee; by any employee, the Union or the Employer concerning the effect or interpretation or 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.

3. EXCLUSIONS: This grievance procedure does not apply to:

a. Those matters excluded by Section 7121(c) of USC; i.e., any grievance concerning:

1. Any claimed violation of USC Chapter 73, Subchapter III, relating to prohibited political activities;

2. Retirement, life insurance, or health insurance;

3. A suspension or removal for reasons of national security;

4. Any examination, certification, or appointment; or

5. The classification of any position which does not result in the reduction of grade or pay of an employee.

b. Reductions‑in‑Force.

c. Non‑adoption of a suggestion; disapprovals of quality step increases; performance awards or other kinds of discretionary or honorary awards.

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d. The content of critical elements and performance standards;

e. The termination of temporary and probationary employees.

Employees have the option of raising the following matters under a statutory appeals procedure or the negotiated grievance procedure but not both: Adverse Action (5 U.S.C. 7512); Actions Based on Unacceptable Performance (5 U.S.C. 4303); and Discrimination (5 U.S.C. 2302 (b) (1). An employee shall be deemed to have exercised his/her option under this section to raise the matter under either a statutory procedure or the negotiated procedure at such time as the employee timely initiates an action under the applicable statutory procedure, or timely files a grievance in writing in accordance with the negotiated procedure, whichever event occurs first.

4. APPLICATION: A grievance may be undertaken by the Union, the Employer, an employee, or a group of employees. Only the Union may represent employees in such grievances. However, any employee, or group of employees, may personally present a grievance and have it adjusted without representation by the Union, provided that the Union will be given the opportunity to be represented in all the discussions in the grievance process. Any adjustment of the grievance must be consistent with the terms of this agreement. Employees who choose the Union as the representative are individually and collectively bound by the actions and decisions of the representative.

5. INFORMAL PROCEDURE:

a. An employee may present orally or in writing a matter of dissatisfaction with the immediate supervisor, or with the lowest level official who can adjust the grievance, within fifteen (15) days of an act or occurrence, or the date the employee becomes aware of the act or occurrence. The immediate supervisor may extend this time limit for good cause.

b. The immediate supervisor shall investigate, and, if necessary, discuss the matter with higher levels of Management, and interview witnesses, or any other persons having knowledge of the pertinent facts relating to the incident or matter of concern. Within ten (10) days of the employee's presentation, the supervisor shall then render a decision and take appropriate action. The decision will be rendered orally if the grievance was presented orally or in writing if presented in writing. The grievant, if still dissatisfied, or if no decision is given within the ten (10) day limit, shall have the right to proceed in filing a Formal Grievance.

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c. Supervisors and employees shall make every effort to resolve the problem or correct any misunderstanding at the lowest level possible.

6. FORMAL PROCEDURE: If the matter causing dissatisfaction has not been resolved under the Informal Procedure, the grievant shall within ten (10) days of the informal decision or the expiration of the decision period file a Formal Grievance in accordance with the steps set forth in the following paragraphs. Failure to meet this time limit waives the right to grieve.

a. Step 1:

A grievance must be presented in writing, in a standard format agreed to by the Parties, to the employee's immediate supervisor, or to an official who can adjust the grievance. The employee's written presentation must identify matters and issues which form the basis of the grievance and the personal relief sought, and state the specific agreement provision, law, rule or regulation alleged to have been violated. Within ten (10) days from receipt of the grievance, or the date of the meeting held in accordance with (g) below, whichever is later, the immediate supervisor will issue a decision in writing, granting, modifying, or denying the relief requested. The decision will advise the employee of the name and location of the Step 2 official with whom to proceed if necessary.

b. Step 2:

The employee may appeal to the Step 2 official (Regional or Office Director, or appropriate management official) using the Step 1 format within ten (10) days after the Step 1 decision was or should have been issued. If the Step 1 official is the Regional or Office Director, the Step 2 Deciding Official will be the management official next in the chain of command. The Step 2 official will not be the DAS for CA/PPT. Copies of the original Step 1 grievance and the written answer to the grievance will be given to the Step 2 deciding official. Failure by the Union or employee to file a timely appeal automatically terminates the grievance. Within ten (10) days from receipt of the grievance, or the date of the meeting held in accordance with (g) below, whichever is later, the Step 2 official will issue a decision in writing to the employee granting, modifying, or denying the relief requested. The decision will advise the employee of the name and location of the Step 3 official with whom to proceed, if necessary.

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c. Step 3:

The employee may appeal to the Step 3 official (Deputy Assistant Secretary for Passport Services, or appropriate management official) using the Step I format within fifteen (15) days after the Step 2 decision was or should have been issued. Copies of the complete grievance file and the written answers to the grievance will be given to the Step 3 deciding official. Failure by the Union or employee to file a timely appeal automatically terminates the grievance. Within fifteen (15) days from receipt of the grievance, the Step 3 official will issue a final Employer decision in writing to the employee granting, modifying, or denying the relief requested.

d. If the grievance is not satisfactorily settled at Step 3, the Union may refer the matter to arbitration in accordance with Article IX (Arbitration).

e. All time limits in the Article may be extended only by mutual written consent of the Parties.

f. At any stage of the grievance procedure, if the grievance is filed with an inappropriate management official or supervisor, the official will forward the grievance to the appropriate deciding official and promptly notify the grievant who the deciding official will be.

g. Upon written request, the Step 1 or Step 2 official, or designee, will discuss the grievance with the employee and/or representative within five (5) days of presentation of the grievance. The meeting will extend the time limit for the Employer's response by five (5) days.

h. At any step of the negotiated grievance procedure, when any management deciding official designates someone to act on his/her behalf, that designee will have complete authority to render a decision at that step and will render the decision. The designee will never be someone who decided the issue at any previous step.

i. In the event either party should declare a grievance non‑grievable or non‑arbitrable, the original grievance shall be considered amended to include this issue. The Employer agrees to raise any question of grievability or arbitrability of a grievance no later than the time the Step 2 decision if given.

j. Failure of the Employer to observe the time limits

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ARTICLE IX: ARBITRATION

1. A grievance processed under Article VIII of this Agreement may be referred to arbitration as provided for in this Article. Such referral shall be made within twenty (20) days after receipt of the written decision rendered in the final step of an action processed under Article VIII, Article XV, or Article XIV. A request to invoke arbitration can be made only by the Union or the Employer and shall be in writing and delivered to the appropriate Union or Department official.

2. SELECTION OF AN ARBITRATOR: Within five (5) calendar days from the date of the request for arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service to provide a list of seven (7) impartial persons qualified to act as arbitrators. A brief statement of the nature of the issue(s) in dispute will accompany the request to enable the Service to submit the names of arbitrators qualified for the issue involved. The Parties shall confer within fifteen (15) calendar days after the receipt of such list. if they cannot mutually agree upon one (1) of the listed arbitrators, the Employer and the Union will alternately strike arbitrators' names from the list of seven until one name remains. This remaining person shall be the duly selected arbitrator. The order of striking shall be decided by the flip of a coin.

3. The arbitration hearing shall be held at the locale where the grievance originated, or at another mutually agreeable location. The Arbitration hearing will be held, if possible, on management's premises and during the regular day shift hours.

4. During any 12 month period, beginning with the effective date of the agreement, the Employer agrees to pay the first $1,500 of arbitration costs. For any arbitration costs in excess of $1,500 in any 12 month period, the parties agree to share them equally. The arbitration costs shall include the arbitrator's fees and all expenses, including any transcripts or copies thereof that the Arbitrator may order. Either party may elect to have a verbatim transcript of the proceedings. In those cases, such transcript shall be made by an authorized court reporter, and the costs shall be borne by the Party ordering. If clarification of an Arbitrator's decision is necessary, the requesting party will pay for the additional arbitration fees and expenses. The arbitrator will be requested to complete the clarification within thirty (30) calendar days. If jointly requested, the costs will be shared.

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5. ARBITRATION PROCESS: The arbitration process to be used may be one of the following:

a. A stipulation of facts to the arbitrator can be used when both Parties agree to the facts at issue, and further agree that a hearing would serve no useful purpose. In this case, all facts, data, documentation, etc., are jointly submitted to the arbitrator with a request for a decision based upon the facts presented.

b. An arbitrator inquiry can be used when the Parties agree that a formal hearing would serve no useful purpose. In this case, the arbitrator would make such inquiries as he/she deemed necessary (e.g., inspecting the work sites, taking statements).

c. An arbitration hearing should be used when a formal hearing is necessary to clarify the matter in dispute and develop the facts that are in dispute between the Parties, or when the Parties cannot agree to the procedures set forth in subsections a. or b. of this section. In this case, a formal hearing is convened and conducted by the arbitrator.

6. WITNESSES: The Parties agree to keep the number of witnesses to a reasonable number. The expenses of any witness shall be borne by the Party calling the witness. The expenses of any witness requested by the arbitrator shall be borne equally by the Parties. There will be a mutual exchange of a list of witnesses at least fifteen (15) days in advance of the hearing.

7. An employee of the unit serving as the grievant's representative, the aggrieved employee, and the employee witnesses who are otherwise on duty shall be on official time as necessary to participate in the arbitration proceedings. Employee participants on shifts other than the regular day‑shift will be temporarily placed on the regular day‑shift for the day(s) of the hearing in which they are involved. The parties will designate their representatives at the time an arbitrator is selected. Notice of change of the representative will be given to the other party as soon as possible. Employee participant on shifts will be temporarily placed on the regular day shift for the day(s) of the hearing in which they are involved.

8. The arbitrator will be requested to render a decision as quickly as possible, but in any event not later than thirty (30) calendar days after the conclusion of the hearing, or the

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ARTICLE X: VOLUNTARY ALLOTMENT OF UNION DUES

1. The Employer agrees to continue to deduct Union dues from the pay of bargaining unit employees who voluntarily request such deductions, and who are members in good standing in the Union.

2. Any employee desiring to have Union dues deducted from pay may complete and sign the appropriate portions of Standard Form 1187, "Request and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues." SF 1187. Section A of the form will be completed and certified by the Treasurer of the Union of other designee(s), who will forward or deliver it to the Personnel office of the Bureau of Consular Affairs, Department of State, where it will be certified by the Personnel Officer if the employee is eligible next full pay period following receipt by the Payroll Office of Standard Form 1187. If a request for allotment is denied, the Employer will immediately advise the Union Treasurer in writing of the reason for denial.

3. The President or other authorized officer of the Local shall notify the Personnel Office of the Bureau of Consular Affairs, Department of State, when the local dues structure changes.

4. Authorized deductions will be made each bi‑weekly pay period from the pay of an employee who has requested such allotment. It is understood that no deduction will be made in any period for which the employee's net earnings after other deductions are insufficient to cover the full amount of the allotment for dues.

5. A check for the aggregate bi‑weekly authorized deduction will be transmitted to the National Union's Secretary Treasurer on behalf of Local 1998.

6. No fee will be charged an employee or the Union for services rendered in connection with the deduction.

7. A Union member make revoke his/her allotment for Union dues by submitting to the Bureau of Consular Affairs Personnel office two (2) copies of a completed and signed Standard Form 1188. Other written notification of revocation signed and dated in duplicate by the member will also be accepted. A revocation received by the Bureau of Consular Affairs Personnel Office during the course of the employee's first year of dues allotment shall not become effective until one (1) full year of

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dues allotment has elapsed. Any subsequent revocation can only be effectuated on the anniversary date and shall take effect within three full pay periods of its receipt by the Payroll Office. The Department will provide the Secretary/Treasurer with a copy of the Standard Form 1188 or revocation document submitted in lieu thereof.

8. All deductions of Union dues provided for in this Article shall be automatically terminated in the event of loss of exclusive recognition, or upon termination of the obligation to withhold dues under this Agreement. Any individual allotment for dues withholding shall be automatically terminated upon the separation or transfer of the employee from the unit, or when an employee has been suspended or expelled from the Union. The Employer will notify the Union on a bi‑monthly basis when there is an interruption in the dues withholding status of bargaining unit employees.

9. The Union will give prompt written notice to the Bureau of Consular Affairs Personnel Office in the event an employee having Union dues deducted ceases to be a member in good standing, in order that the Department may terminate his/her allotment for dues.

10. The Union will advise the Personnel Office, Bureau of Consular Affairs, in writing of the identity of the officer authorized to certify Section A of Standard Form 1187.

11. Nothing in this article shall require any employee to become or remain a member of the Union or to pay money to the organization except pursuant to a voluntary, written authorization by a member for payment of dues.

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ARTICLE XI: USE OF OFFICIAL FACILITIES AND SERVICES

1. SPACE:

a. The Employer will provide a desk or work station for use by Union representatives who have not been assigned a permanent desk.

b. The employer shall identify existing and available bar lock cabinets. In agencies where available cabinets exist, the employer will provide the designated representative one cabinet with a minimum of two drawers. In Agencies where no existing cabinets are available, and there is a designated representative, the employer shall provide a two drawer cabinet. In both cases the Employer and designated union representative shall work together to identify a mutually agreeable location for cabinet placement.

c. On a space available basis, the Employer will provide the Union with space for Union meetings of bargaining unit members who are in a non‑duty status. Requests for use of space for meetings must be initiated at least 36 hours prior to the meeting so that the availability of the space may be determined. This space will be provided at a time when security requirements would not cause additional managerial hours to be worked, or when additional costs would not be incurred. when security requirements conflict, an alternate time or location for the meeting will be established.

d. The employer acknowledges that it is desirable for the Union representative to have access to space which is reasonably private to conduct meetings with employees and conduct other required representational duties. Where the employer has such space available, it will be made available to the representative to the extent feasible. Depending upon the situation this space may be assigned indefinitely or temporarily. The parties recognize that in some locations there may not be any space available.

e. The Union understands that the Employer has the right to preempt for their use space previously provided to or reserved by the Union. When the Employer determines the need to relocate or temporarily preempt for its own use space previously used or reserved by the Union, the Employer's representative and the appropriate Union official will cooperate in minimizing the impact of this change.

f. The union will comply with all Employer security and GSA

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buildings management regulations with respect to its use of any facilities.

g. The Union agrees to exercise reasonable care in using such space, and will leave it in a clean and orderly condition. The Union understands that its failure to leave space in a clean and orderly condition would be cause for a suspension or termination of this privilege.

h. Management will attempt to secure space in the work place that can be used for employee meals and breaks. Such space will be located in an area that is accessible to all unit employees. The area should be of sufficient size and furnished to accommodate the work force in that location.

i. The employer will notify the union prior to undertaking any major moves (agency or larger) of bargaining unit employees. The union may request negotiations over impact and implementation.

2. USE OF TELEPHONE SERVICE: Upon notice to his/her respective supervisor or designee, a Union official may use the FTS telephone for communication of representational matters. Representatives will obtain authorization before making a call and upon receiving a call. Calls made during work hours will be on official time which shall be arranged in accordance with Article VI, Section 6. The Employer, upon request, will make suitable privacy arrangements for designated representatives to use a telephone for representation functions.

Requests to use the telephone must include the location and office to be called. If such calls are made during duty hours, they will be in accordance with Article VI. This includes keeping records of outgoing and incoming calls. The Union will be billed and required to pay for any unauthorized calls. Agency telephone services will not be used for internal union business.

3. INTERNAL MAIL SERVICE:

a. The Employer will permit the Union to use the existing Passport Services mail and distribution facilities to correspond with:

1. Members of the bargaining unit;

2. Union officials; and

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3. Appropriate management officials on matters concerned with the Union's role in administering this agreement. The Union will place such correspondence in individually addressed envelopes.

b. The Employer will not charge the Union for this mail and distribution service. The Employer will not process or pay for the Union's mailing through the U.S. or any other franked mail system.

4. BULLETIN BOARDS:

a. Bulletin board space of approximately 24" by 36" for posting notices and literature, limited to NFFE local use only, will be available at each location where there is an employee information bulletin board.

b. The Union is responsible for posting and maintaining material on its bulletin boards in an orderly manner.

c. The Union agrees that all material posted on union bulletin boards will be appropriate for a professional work place, be factually correct, and will comply with all applicable laws.

d. All postings will be marked prominently as "Union Notices", and only the designated bulletin boards will be used for such postings.

e. The Union assumes all responsibility for the preparation and reproduction of materials posted under this Section.

g. Management has the right to remove any union material not posted in accordance with the provisions of this Section.

5. COPIES OF AGREEMENT: Booklet copies of this Agreement shall be furnished by management to all management officials, bargaining unit employees on duty as of the date of the Agreement, and to all bargaining unit employees entering on duty after the date of this Agreement. Twenty‑five (25) additional copies of this Agreement will be furnished to the Union for its use. The cost of printing this Agreement shall be borne by the Employer.

6. UNION ACCESS TO REGULATIONS:

a. The Employer will make available to the Union officials publications of the Office of Personnel Management, the Merit

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Systems Protection Board, including regulations, supplements and classification standards which may be available. In addition, upon request, each Regional or Office Director will provide the Union officials access to FPM and Passport Services/ Department of State policy directives and regulations relating to unit employees or their working environment, if available.

b. The Employer agrees to provide the Union President with copies of appropriate 3 FAM regulations along with copies of PPT directives and regulations.

7. OTHER SERVICES: Union representatives may request to use copying machines for representational purposes. The representatives shall state the number of copies to be made, and the general nature of the document(s) to be copied. The request will be granted where the request seems appropriate and where the workload permits. The use of the copier will not arbitrarily be withheld.

Union representatives may be permitted to use typewriter and word processors for representational purposes. Requests will be granted where the employer determines the work permits and the machines are available. Where offices have only one word processor, that machine shall not be available for use by the Union.

The use of the Agency FAX facilities may be made available to the Union to communicate documents to management officials.

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ARTICLE XIII: SAFETY, HEALTH AND SECURITY

1. The Employer is committed to provide and maintain safe and healthful working conditions for employees in accordance with the following laws, rules and regulations:

a. The Occupational Safety and Health Act of 1970 (P.L. 91‑596);

b. Executive Order 12196, Occupational Safety and Health Programs for Federal Employees;

c. Department of Labor Regulations on Federal Employee Occupational Safety and Health Program (29 CFR 1960);

d. Occupational Safety and Health General Industrial Standards and Interpretations (29 CFR 1910); and

e. 6 FAM 610.

a. The Employer will appropriately designate a Safety and Health Officer and a Unit Security Officer at each major duty station. The Employer will publicize the names of the designated Safety and Health and Unit Security Officers.

b. The Union through its designated representative may request periodic meetings with the Safety and Health Officer and Unit Security Officer to discuss general matters of safety and health and security concern. At the periodic meetings or at any other time, the designated Union representative may recommend to the Employer:

1. Procedures for the Employer's consideration for use in emergency evacuation;

2. Improvements in the workplace, equipment or procedures that will reduce or eliminate risks of accidents or injuries;

3. Improved methods or approaches to skill training that may result in greater safety to employee(s), thereby increasing efficiency and morale; and

4. Procedures to improve the physical and personal safety of employees.

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c. The Safety and Health and Unit Security Officers will advise the Regional or office Director of problems raised in their periodic discussions with the designated Union representatives.

3. The Employer shall encourage employees to work safely and to report any unsafe or unhealthful conditions to the employee's immediate supervisor.

4. SAFETY INSPECTIONS: The Employer shall conduct an annual safety inspection of all areas occupied by unit employees, and a designated Union representative shall have the right to participate in the inspection on official time. When safety inspections are made pursuant to OSHA or other statutes, or Departmental regulations in areas where unit employees work, the Union will be notified and a Union representative may accompany the inspector or inspecting team. The Employer agrees to provide the Union with a copy of all reports of safety inspections. Upon request, the Employer agrees to provide the Union statistical summaries of accident reports.

5. EMPLOYEE RIGHTS: The employee has the right:

a. To have access to copies of the Department's safety standards and injury and illness statistics;

b. To comment on occupational safety and health standards which the Employer follows or proposes;

c. To report and request inspections of workplaces which the employee believes to be unsafe or unhealthful, without fear of coercion or reprisal; and

d. To appeal to the Safety Director or the Assistant Secretary for Administration if the employee disagrees with the final disposition by the Department concerning working conditions reported as unsafe or unhealthful.

6. ALLEGATIONS OF REPRISAL: No employee shall be subject to restraint, interference, coercion, discrimination, or reprisal because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to Section 19 of the Occupational Health and Safety Act of 1970 or to Executive Order 12196, or because such employee has participated in or is about to participate in any such proceeding, or because of the exercise by such employee on behalf of himself, herself, or others any right afforded by Section 19 of the Act or Executive Order 12196. These rights

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ARTICLE XIV: DISCIPLINARY AND ADVERSE ACTIONS

1. The Employer agrees that action taken against unit employees will be consistent with applicable laws and be taken for just cause, and be fair and equitable. The Parties agree that the concept of progressive discipline, designed primarily to correct and improve employee behavior rather than to punish, will be followed.

2. Prior to proposing disciplinary action against an employee(s), the Employer may conduct a preliminary investigation to develop the facts. The investigation may include, where necessary, a discussion with the employee who is alleged to have committed the offense. All disciplinary and adverse actions will be initiated within a reasonable time after the investigation. The Union shall be given the opportunity to be represented at any examination of a unit employee by a management official in any investigation which the employee reasonably believes may result in disciplinary or adverse action being taken against the employee and the employee requests representation. In such instances the employer will defer the discussion until the employee secures a representative.

3. Letters of reprimand shall contain information to indicate specifically why the letter is being issued. The letter will also advise the employee of how long and where the letter may be retained and if the letter may be used in determining an appropriate penalty if further infractions occur. The letter shall inform the employee that she/he has the right to file a grievance under the negotiated grievance procedure. The supervisor shall discuss the letter with the employee at the employee's request.

4. For the purpose of this Agreement disciplinary actions shall be letters of reprimand, suspensions for 14 days or less. Adverse actions are removals, suspensions of more than 14 days, furloughs of 30 days or less, or reductions in pay or grade.

a. Letters of Reprimand: Letters of reprimand may be issued directly to an employee without a proposal letter.

b. Suspension of 14 pays or Less: The following applies to an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary

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appointment limited to I year or less. Such an employee is entitled to:

1. an advance written notice stating the specific reasons for the proposed suspension;

2. a reasonable time to answer orally and/or in writing and to furnish affidavits and other documentary evidence on support of the answer;

3. be represented by a NFFE representative, an attorney or other representative;

4. review the material, including statements of witnesses, documents, and investigative reports. The notice shall inform the employee where this material may be reviewed and that his/her representative may also review the material as well;

5. a written decision and the specific reasons therefore, at the earliest practicable date;

6. grieve the decision through the negotiated grievance procedure contained in Article VIII. The written decision shall advise the employee of this right.

c. Removal, suspension for more than 14 days, furloughs of 30 days or less, reductions in pay or grade: The following applies to an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less. Such an employee is entitled to:

1. At least 30 days advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action;

2. A reasonable time but not less than 7 days, to answer orally and/or in writing and to furnish affidavits and other documentary evidence in support of the answer;

3. Be represented by a NFFE representative, an attorney or other representative;

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ARTICLE XV: ACTIONS BASED ON UNACCEPTABLE PERFORMANCE

1. This Article does not apply to the reduction in grade or removal of an employee in the competitive service who is serving in a probationary or trial period under an initial appointment or who has not completed one year of current continuous employment under other than a temporary appointment limited to one year or less.

2. An employee whose performance indicates that he/she is likely to receive an unsatisfactory rating is entitled to a written notice that contains the following:

a. The specific critical elements and standards of the position that the employee is failing to achieve;

b. A statement of the specific improvements the employee must make in performance to avoid the unsatisfactory rating;

c. The steps or actions the supervisor will take to help in that effort;

d. The remedial period (45‑90 calendar days) given the employee to bring performance to a satisfactory level.

3. Where subsequent to the remedial period the employee is rated unsatisfactory and where the Employer proposes to remove or reduce in grade an employee for unsatisfactory performance, the employee will be entitled to a thirty (30) day written notice of the proposed action based on unsatisfactory performance. The notice of proposed action will state:

a. The critical elements and performance standards of the position which the employee failed to meet.

b. How the employee failed to meet those critical elements and performance standards.

c. How the supervisor sought to help the employee meet those critical elements and standards.

d. That the employee has ten (10) days to respond orally and/or in writing to the notice of proposed action for unsatisfactory performance, and the name of the deciding official to whom the reply should be made.

e. That the employee has a right to a representative.

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ARTICLE XVI: POSITION DESCRIPTIONS

1. Each employee is entitled to a complete and accurate position description. The position description shall be reviewed annually by the employee and the work supervisor to ensure accuracy. Employees will be provided a copy of their position description upon entering on duty, and whenever the position description is changed. Any employee in the unit who feels that he/she is performing duties outside the scope of his/her position description, and believes that they should be incorporated, may request, through the immediate supervisor, that the position be reviewed by the next level supervisor. In conducting such a review, the next level supervisor will consider the employee's written or oral comments, and advise the employee of the findings.

2. AGENCY COMPLAINTS AND APPEALS: An employee in the unit may appeal the classification of his/her position at any time, as follows:

a. Employees may appeal to the Department; through the Department to the Office of Personnel Management (OPM); or directly to the OPM. Any direct appeal to OPM eliminates the Department as an appeals channel.

b. Employees who have been downgraded as a result of a reduction‑in‑force or a reclassification may appeal the classification of their new position as noted in subsection (a) above.

c. An employee who files a classification appeal with the Department pursuant to this Section shall receive an agency decision within sixty (60) days from the date the appeal is received in the Office of Position and Pay Management (PER/PPM).

d. In accordance with applicable FPM regulations, the Parties agree that employees have no right to have a representative present at the desk audit. However, it is recognized that employees have the right to representation during any other phase of the appeals procedure.

e. Employees, or their representative, will be provided, upon request, a copy of the classification appeal file.

3. The Employer will provide the Union with copies of new position classification standards affecting unit positions prior to implementation. The Employer will discuss and/or negotiate with the Union the impact and implementation of these standards on unit positions.

4. DOWNGRADINGS: Saved grade and saved pay rights, where applicable, shall be afforded to an employee who is placed in a lower grade as a result of a RIF or reclassification, even if he/she declines a valid offer outside the competitive area.

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ARTICLE XVIII: PERFORMANCE STANDARDS AND EVALUATION

1. The performance appraisal system shall incorporate all requirements of Chapter 43 of the Civil Service Reform Act.

2. The performance appraisal system and the parts that make up the system as applied to bargaining unit employees will permit, to the maximum extent feasible, the accurate evaluation of job performance on the basis of objective criteria, and will be fair, reasonable, equitable and job‑related. For employees administering this Agreement on a continuing basis, the Employer agrees to give due consideration to the amount of officially approved time a union representative spends in representational duties. Upon request, the Employer agrees to discuss with the representative how this consideration was factored into the performance evaluation.

3. The development of performance standards and critical elements will be established in writing for each unit position prior to the beginning of each performance rating period. They will be consistent with the duties and responsibilities covered in each employee's position description. Employees will be afforded an opportunity to participate in the establishment of performance standards and the identification of critical elements. All employees will be provided a copy of their performance standards and critical elements before the date of implementation. The supervisor will make a reasonable effort to provide the employee an opportunity to demonstrate fully successful performance in each critical element as described by the employee's current work requirements statement. If workload levels are not sufficient for an employee to have an opportunity to be rated against a standard, a pro‑rata method of rating will be used. In instances where the employer determines the level of work is insufficient to use the pro‑rata method, the employee will not be rated on the element.

4. In the interest of providing objectivity in appraising performance, an employee should have been working under the evaluation supervisor for at least one hundred twenty (120) days. An interim appraisal report is required when an employee or rating official leaves a position and the period of performance is 120 days or more. If the period covered is less than 120 days, supervisors will consider preparing an interim report to cover any unusual and noteworthy achievements, when such a report is requested by the employee. This does not preclude the supervisor submitting an interim report, at his/her option, on an employee for any reason.

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5. The rating official shall be an individual, with access to all the employee's performance records for that rating period, who has direct knowledge about the employee's performance.

6. APPLICATION:

a. The evaluation given employees by their supervisor shall be objective and shall be prepared in accordance with the following:

1. The supervisor will discuss the employee's job performance with the employee in private surroundings at least twice during the rating period. One such discussion shall occur before the the midpoint of the employee's appraisal cycle.

2. If the supervisor has identified shortcomings in the employee's performance, the employee shall be notified when the problem is perceived and at the performance discussion. The supervisor will suggest ways for the employee to improve his/her work performance.

3. The annual performance appraisal will be in written form.

4. The rating and reviewing officials each have ten (10) calendar days to complete their portions of the report and discuss the report with the employee. The employee has ten (10) calendar days from receipt of the report in which to sign it. In any event, all performance evaluations shall be completed within thirty (30) calendar days after the end of the appraisal period.

b. The decision on whether or not to grant a within grade increase will be based on the most recent rating of record. To be eligible for a WGI, the rating of record must be at least fully successful.

If the supervisor's decision is to deny a WGI and that decision is contrary to the rating of record, the supervisor must comply with the Performance Management Plan. If the final decision is to deny the WGI, the employee will receive written notice to that effect. The employee will also be informed of the right to reconsideration, any griev‑ ance/appeal rights and/or representation rights.

7. Procedures for Implementing Changes in Work Requirements

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ARTICLE XIX: MERIT SYSTEM ‑‑ PROMOTION AND DETAIL

1. GENERAL: All personnel actions involving career progression shall be consonant with the spirit and intent of the merit system and the Civil Service Reform Act. The Employer will respond to the Union's requests for information concerning the staffing of vacancies within the bargaining unit. When appropriate, the Employer agrees to include information in training sessions for bargaining unit employees to enhance their understanding of the merit system and to assure fair promotion procedures. The Employer will ensure that all qualified employees have equal opportunity for promotion in accordance with Article XX of this Agreement.

2. VACANCIES: When management has determined to fill a vacancy in the bargaining unit, thru non competitive procedures the position and the method of filling the vacancy shall be posted in advance. When the merit promotion program is to be used, vacancy announcements shall be appropriately publicized to ensure that all employees have an equal opportunity to compete. The Union shall be furnished with copies of all announcements of bargaining unit vacancies concurrently with their posting.

a. When a position is to be filled under the provisions of the Merit Promotion Plan, it shall be fully identified as to grade, title, organizational location, and whether permanent or temporary. If a position is announced as temporary and the announcement does not state that it may become permanent, the position will be announced again if it does become permanent.

b. The qualification requirements and selective placement factors for positions to be filled through merit promotion procedures shall be fully relevant to such positions.

c. Promotion procedures will apply to selection by transfer, reinstatement or reassignment to positions with known promotion potential greater than present position of candidate or position last held in the competitive service.

d. Bargaining unit job opportunity announcements will be open for three (3) weeks from the date of the announcement.

3. EVALUATION PANELS:

a. When there are ten or more qualified candidates, a Merit Promotion Panel will be convened to evaluate and rank candidates on job related factors. The Union will be informed

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when a panel is convened to evaluate candidates for a bargaining unit position.

b. When there are fewer than ten qualified candidates, no Merit Promotion Panel will be convened.

4. EXCEPTIONS: The Employer will inform the Union when a unit position (other than an entry level position) is filled through means other than the merit promotion process.

5. PROMOTION EVALUATION FACTORS: Factors and weights used by the Employer to rank candidates must be fair, job related, applied equitably and form the sole basis for determining best qualified individuals in the merit promotion plan. Employees have the right to review and have copies upon request of the factors and weights for positions for which they are applying.

6. SELECTIONS: The selecting official may choose any candidate from the best qualified list.

7. NON‑SELECTED EMPLOYEE RIGHTS: A non‑selected employee who requests information regarding non‑selection for a bargaining unit position advertised in accordance with the Department of State's Merit Promotion Plan may request representation by the Union. The following information about specific promotion actions shall be made available to an employee and/or representative upon request:

a. Whether the employee was considered for promotion, and, if so, whether he/she was eligible on the basis of the minimum qualification requirements for the position;

b. Whether the employee was one of those in the group from which the selection was made;

c. Who was selected for the promotion; and

d. In what area, if any, the employee should improve to increase chances of future consideration.

e. Employees or employee representatives shall be permitted to review only those documents used in evaluating candidates for promotion which can be sufficiently sanitized, in accordance with the provisions of the Privacy Act, to protect the identities of all candidates and Merit Promotion Panel members.

f. Any employee who has a complaint, for which the only

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basis is that he/she was not selected from a group of properly ranked and certified candidates, does not have a valid grievance.

8. CAREER LADDER PROMOTIONS: Any employee, upon being assigned to a career ladder position, will be given a position description as required by section I of Article XVI. Upon request by an employee, the Employer will provide the performance plan for the next higher grade in the employee's job series. The plan indicates the level of performance expected of an employee at the next grade level.

The parties understand that ladder promotions are not automatic, and that mere satisfactory performance at an employee's current level is not sufficient for a career ladder promotion to the next higher level. The employee's supervisor also must determine that the employee is capable of performing satisfactorily in all elements at the next higher level as well, and recommend the employee for promotion when ability has

been satisfactorily demonstrated and qualification requirements have been met. When these requirements have been met and a recommendation for promotion has been made the employee will be considered ready for promotion. Employees readiness to be promoted will be addressed during the job performance discussions held under Article XVIII, Section 6a. Supervisors may also make such assessments at any other time during the year. If the supervisor determines that the employee is deficient in demonstrating his/her ability to perform at the next higher level, the employee will be informed of the areas(s) that must be improved. The employer will make a reasonable effort to assist the employee in improving performance so that he/she may advance in the career ladder.

9. REPROMOTION: An employee who is demoted without personal cause and not at his/her own request shall be entitled to priority consideration for repromotion in accordance with the appropriate provisions of FPM Chapter 536.

10. DETAILS:

a. Manner: In the interest of effective employee utilization, details to positions or work assignments requiring higher or different skills will be based upon bona fide needs and will be consonant with the spirit and intent of this Article, applicable regulations and the merit system. Details may be used to meet emergencies or other situations such as occasioned by abnormal workload, changes in mission or organization, or absences of personnel.

b. Official Credit:

Details in excess of thirty (30) consecutive days shall be recorded in the employee's Official Personnel Folder, and copies forwarded to the employee.

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ARTICLE XX: EQUAL EMPLOYMENT OPPORTUNITY

1. POLICY: The Employer and the Union reaffirm their commitment to the policy of providing equal employment opportunities to all employees and to prohibit discrimination because of race, color, religion, sex, national origin, mental or physical handicap, age or marital status. The Employer will have a positive, continuing and results‑oriented program of affirmative action. The Parties agree that Equal Employment Opportunity shall be administered in accordance with authorizing legislation and applicable regulations.

2. MUTUAL CONCERN: The Union and the Employer agree to discuss with each other perceived general areas of discrimination, and potential remedies. The Employer will provide the Union a copy of the Department of State's multi‑year Plan for Affirmative Action.

3. Upon request, the Department's office of Equal Employment Opportunity will meet at a mutually agreeable time with a representative of the Union to discuss general EEO matters related to personnel practices, policies and/or working conditions affecting Department employees. The Union representative will be granted official time in accordance with Article VI. The Employer will not assume the travel and per them costs if the representative is from outside the Washington Agency. Travel time will be charged to an appropriate leave category.

4. EEO counselors shall meet the criteria and perform the functions prescribed by the Department's Equal Opportunity Programs. Their duty is to attempt to resolve informally allegations of unlawful discrimination.

5. COUNSELOR SELECTION PROCESS:

a. Management shall solicit nominations for EEO counselor vacancies through announcement at local staff meetings. Management will ensure that all employees are made aware of the vacancy.

b. Any employee may nominate himself/herself for the position.

c. It is agreed by the Parties that the Union may submit nominees for EEO counselor positions. The office of S/EEOCR will appoint the EEO Counselors and will give consideration to the Union nominees.

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6. The establishment and implementation of the Affirmative Action Plan (AAP) is a fundamental Department of State objective. The Employer will continue to provide overall management support and budgetary planning to achieve affirmative action objectives throughout the bargaining unit. The AAP includes as part of that plan an outline of the action the Employer is to take to prevent sexual harassment.

7. AAP AND THE EEO COMPLAINT PROCESS:

a. The Employer shall make available to employees written information describing the AAP and the EEO complaint procedure. The names and telephone numbers of EEO counselors will be posted on bulletin boards and kept current.

b. When feasible, employees may request EEO counselors of their choosing.

c. Union representatives representing employees in EEO complaints will have, subject to applicable procedures, access to the EEO counselor and Investigative Reports and the personnel records of the complainant.

8. GRIEVANCES AND EEO COMPLAINTS:

a. Any employee who wishes to file or has filed a complaint shall be free from coercion, interference, and reprisal. Any employee who seeks to file a complaint shall have the right to select a representative of his/her choosing, who may be a Union representative, in accordance with the CSRA (P. L. 95‑454) and this Agreement.

b. An employee has the option of filing a formal complaint under the negotiated grievance procedure or the EEO complaint procedure, but not both.

c. The Employer agrees to furnish the Union statistical reports concerning discrimination complaints where the Union is the representative of record.

9. Employees who make an outstanding contribution to the advancement of the EEO program shall be recognized for their contribution. This recognition may include an oral commendation, an appropriate letter, an honorary award, or a cash award.

10. UNION REPRESENTATION: An employee discussing a problem of alleged discrimination with an EEO Counselor, or at

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ARTICLE XXI: UPWARD MOBILITY

1. The Department of State Upward Mobility program is designed to:

a. Comply with the law, and Office of Personnel Management (OPM) regulations;

b. Adhere to merit principles;

c. Provide equal opportunity for advancement of Civil Service career and career conditional employees in grades GS‑9 and below, or equivalent; and

d. Give underutilized or underdeveloped employees with high potential the opportunity to utilize their skills and abilities.

2. The Employer in conjunction with the Upward Mobility Coordinator will continue to attempt to identify specific jobs in the bargaining unit as Upward Mobility positions, with target grades usually two grades (or their equivalent) above the trainee level.

3. Review Panels: Review panels will be established to consider candidates for any Upward Mobility positions identified within the bargaining unit. Review panel members must be a career or career conditional employee of a grade equivalent to, or higher than, the target position, and have knowledge of the position to be filled.

4. The Upward Mobility Coordinator will monitor the panel review process, directing the members in their evaluation and reconciling the consensus process. The panel will fairly evaluate the quality of the candidates' work experience, training, supervisory appraisals, and other evidence of potential using the evaluation and rating plan designed for Upward Mobility, and rank the candidates.

5. The Upward Mobility Coordinator will determine the list of the "best qualified" candidates based on the scores awarded by the review panel. The names of the "best qualified" candidates will be placed on a final selection roster in alphabetical order, which will be sent to the selecting official in the operating office where the target position exists. Final selection will be made by the selecting official after interviewing all the referred candidates.

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ARTICLE XXII: EMPLOYEE ASSISTANCE PROGRAM

1. The Employer recognizes alcoholism, drug abuse and other medical/behavior problems as treatable illnesses. The employer recognizes that such problems may adversely affect an employee's job performance or conduct. Employees having these illnesses will receive the same careful consideration and offer of assistance that is extended to employees having any other illness or health problem. The Employer will attempt to provide employees with reasonable accommodation to overcome problems which have contributed to poor performance or conduct.

2. Employer representatives shall maintain contacts with the local federally sponsored health facility, to which employees who request assistance can be referred. In locations where no federally sponsored health facility is readily available, the Employer representative will refer employees who request assistance to local community mental health and/or alcohol and drug abuse treatment facilities, and for this purpose will maintain an up to date listing of such facilities. The Employer shall publicize the availability of the Employer representative to provide these referrals.

3. An employee who wishes to request referral assistance may bring a Union representative to the initial discussion with the Employer representative.

4. No employee will have his/her job security or promotion opportunities jeopardized by his/her request for referral assistance, except as limited by applicable law. In cases where an employee has sought professional help, the supervisor shall consider the professional's timely opinion regarding the employee's prospects of rehabilitation before taking action to discipline or terminate that employee.

5. Supervisors should not attempt to diagnose an illness, or counsel the troubled employee, unless the employee asks for the supervisor's personal assistance.

6. Supervisors should encourage and support any employee's attempt at rehabilitation, including the granting of leave in accordance with applicable regulations, for the purpose of undergoing rehabilitative treatment.

7. CONFIDENTIALITY: The confidential nature of records of employees with medical/behavioral problems shall be maintained. Such records, and information about the employee's participation in a counseling or rehabilitation program, will be released only in accordance with applicable laws and regulations.

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ARTICLE XXIII: TRAINING

1. While it is expected that personnel be qualified to perform their duties as a prerequisite to employment, the Parties recognize the need for additional training to maintain the competency of the work force. The Parties agree that the function of training is to assure the optimum use of human resources in fulfilling organizational requirements, and that any training will be in accordance with applicable law and OPM regulations. In conjunction with these requirements, the Employer will, as funds permit, provide training to improve employee efficiency and to assist employees affected by a reduction‑in‑force, or reorganization. In developing such training, the Employer agrees to consider the views of the Union.

2. EXPENSES: The Employer may pay approved and authorized expenses in connection with approved training requests, and employees may be granted time to attend training sessions. An employee desiring to enroll in a non‑Government facility shall submit a memorandum of request via the supervisor at least thirty (30) days prior to the date of registration; and the Employer shall respond to the request. If the Employer does not respond prior to the registration date, and the employee enrolls at his/her own initiative, the Employer will not be obligated to pay any of the expenses.

3. The Employer agrees to provide to employees, upon request, available information concerning government sponsored training programs in the vicinity of their duty station.

4. If the Employer assigns training duties to an employee, this assignment will be given appropriate consideration in the employee's performance appraisal. The Union will encourage employees to review their personnel folders to ensure that training achievements are properly recorded.

5. The Employer agrees to place records of completed training courses in the employee's official personnel folder when the employee provides the necessary documentation to the Employer.

6. The Parties agree that appropriate training courses, seminars, conferences and meetings shall be scheduled, whenever possible, during work hours to allow the employees the opportunity to gain information, education and training.

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ARTICLE XXV: WORKWEEK AND HOURS OF WORK

1. STANDARD WORKWEEK: The standard workweek shall consist of forty (40) hours spread over a maximum of five (5) consecutive eight (8) hour days. The standard workweek will be the period for which an employee is paid his/her straight‑time pay rate. The Employer will give the Union notification of any change in the hours of work, shifts or tours of duty affecting Unit employees in accordance with the procedure set forth in Article VII (Negotiations). The Union shall be given the opportunity to request negotiations as appropriate.

2. TOURS OF DUTY: If the Employer proposes to change the workweek from the regular Monday through Friday schedule (standard workweek), the Employer and the Union will meet and discuss the need for a nonstandard tour and negotiate on the new tours. The Employer will give notice to employees in advance of any change in tours of duty.

3. RELIGIOUS OBSERVANCES: Employees whose personal religious beliefs require that they be absent from work during scheduled work periods may elect, with the approval of their supervisors, to engage in available overtime work within six (6) weeks (before or after) of the time which may be lost as the result of meeting those religious requirements. Employees who elect such overtime work with the approval of their supervisors shall be granted equal compensatory time off from their scheduled tour of duty (in lieu of overtime pay) for such religious reasons, or requirements.

4. REST BREAK: Each employee is authorized one fifteen (15) minute rest break during each four (4) hours worked in the normal workday for that employee. Additionally, one fifteen (15) minute rest break is authorized within each four (4) hour period of overtime worked.

5. LUNCH PERIOD: Every employee shall be entitled to a forty‑five (45) minute period of time for lunch, which normally will be scheduled between 11 a.m. and 2 p.m.. In other than exceptional situations, the supervisor will not change the assigned lunch period. The employee shall be free to leave the worksite during this period.

6. TIME ACCOUNTABILITY: All employees, whether or not on Flexitour, will have to account for their time on the job. Employees will, therefore, have to sign‑in/out for arrivals, lunch, and any departures from the office. (Departures does not include breaks which may be taken away from the immediate

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ARTICLE XXVI: FLEXITOUR

1. The objectives of the Flexitour Plan, conducted under Title 5 U.S.C. are:

a. To provide the public with expanded hours of service;

b. To provide a work environment conducive to the reduction in short‑term employee absences and tardiness;

c. To improve employee morale by permitting employees to adjust their work hours to meet the needs of their personal lives;

d. To facilitate the use of alternative forms of transportation (including car pools, mass transit, etc);

e. To facilitate improvements in office productivity.

2. The Flexitour Plan is designed to provide advantages to both the Employer and the employees. Responsibility for the success of the plan must be shared equally by the Employer and the employees.

a. Participation in the plan is voluntary and no employee may force another employee to join the plan;

b. After selection of a Flexitour schedule, no employee should suffer a personal hardship as a result of the assignment of a subsequent Flexitour schedule to another employee. Any employee who would suffer a hardship as the result of the program may remain on a fixed schedule with a regular tour of duty.

3. A Flexitour Plan shall continue within Passport Services. The Employer may not terminate Flexitour without providing the Union notice and opportunity to negotiate. Flexitour Plans may vary based on the requirements of each Passport Agency.

a. Each employee who wishes to participate in the Flexitour Plan must submit a written request to the Regional or Office Director through his/her immediate supervisor. The Regional or Office Director will make a reasonable effort to approve the Flexitour schedule requested by each employee. When the Regional or Office Director determines that a Flexitour schedule impacts, or would impact, adversely on Employer costs, productivity, efficiency and/or service to the public,

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the Regional or Office Director will propose alternative Flexitour hours, if practicable, after considering the views of the employees affected. If a temporary modification in an employee's Flexitour plan is required by an emergency situation, the modification will be rescinded effective the first pay period following the end of that emergency situation.

b. An employee must arrange in advance his/her Flexitour schedule for a period of one quarter of the calendar year;

c. Except for a temporary change initiated by an employee and agreed to by his/her supervisor, starting and stopping times must be the same for each workday and must remain the same until a written request for a change is approved by the Regional Director or designee;

d. Employees who withdraw from the Flexitour Plan may do so at any time by giving the Regional Director two weeks written notice.

e. The Employer agrees to attempt to accommodate requests for change in Flexitour schedules at any time where the request is motivated by unforseeable circumstances in an employee's personal life, such as loss of a car pool, illness in the family, etc., provided such a change does not interfere with the accomplishment of the mission of the Employer.

a. At the time Flexitour is initiated at a Passport Agency, any on‑board employee who wishes to join the plan, or wishes to change his/her tour of duty, will be permitted to submit a written request to join or change the Flexitour Plan. After initiation of the Flexitour Plan, such a request may be submitted during the last two weeks of February, May, August and November. Upon approval of the request, the employee will begin his/her Flexitour participation, or effect the desired change at the beginning of the first full pay period in the following calendar quarter. Newly eligible employees may begin participation at the beginning of any pay period subject to approval.

b. Those employees who are not authorized, or elect not to work a Flexitour schedule, shall continue to work their present hours.

5. Only full time employees with nine months work experience with the Employer will be eligible to participate in the Plan.

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6. CRITERIA FOR MODIFICATION OR RESTRICTION OF FLEXITOUR SCHEDULE:

a. Modifications or restrictions of the use of Flexitour by employees shall be based on one or more of the following:

1. Operational consideration, including emergencies, related to the work situation only;

2. Abuse of Flexitour, meaning misconduct of a serious nature during the scheduled work day that would be alleviated by the presence of a supervisor;

3. Temporary suspension of the employee's participation in the Flexitour program for formal training;

4. Requirement for close supervision for the initial training required to understand and perform the duties of the position;

5. Requirement for close supervision of employees with serious deficiencies in the performance of their primary tasks over a period of at least one month, to the extent that the level of their performance would constitute grounds for an unsatisfactory performance rating. The intent here is that employees operating at this level would have the attention, to the extent practicable, of their regular or acting supervisors during times that the supervisors would not be available if the employees were participating in the Flexitour Plan.

b. Justifications for modifications or restrictions may be reviewed upon a change in conditions.

7. REQUIREMENTS OF THE PLAN: The following requirements represent the limitations within which the individual Passport Agencies will establish their Flexitour Plans. These requirements apply to all bargaining unit employees:

a. The earliest an employee may begin work is 7:15 a.m. the latest time an employee may work is 6:00 p.m.;

b. A lunch period must be incorporated into the workday. This lunch period may not be taken at the beginning nor the end of the core time established by the Employer;

c. An employee must account for 8 hours and 45 minutes in each workday (inclusive of lunch period). Employees may work a

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ARTICLE XXVIII: CONTRACTING OUT OF WORK

1. The Employer agrees to comply with all provisions of OMB Circular A‑76 (and with any supplements or superceding circulars or directives) and with this negotiated agreement.

2. Pursuant to OMB Circular A‑76, the Parties agree that activities will not be contracted out solely to meet personnel ceilings or to avoid salary limitations.

3. The Employer agrees to furnish the Union with a copy of, and, upon written request, brief the Union on, schedules when published in the Commerce Business Daily or the Federal Register pertaining to review of commercial/industrial activities performed by Unit employees. Should any of these schedules be revised, copies of the changes will also be provided.

a. The Union may request copies of any relevant and pertinent data in connection with the implementation of A‑76. After review of any such written request, the Employer will provide the Union with the desired information, as appropriate under law and other controlling governmentwide regulations.

b. The Union will be notified when A‑76 bids pertaining to work performed by Unit employees are solicited. Further, the Union will be notified of the bid opening time and location. The Union may send a representative.

c. At the time the Employer announces the results of any cost comparison concerning work normally performed by unit employees, the Union will be notified. Copies of the relevant analysis and pertinent documentation will be provided to the Union upon written request.

5. When the Employer determines that unit work will be contracted out, the Employer will notify the Union and provide an opportunity to request negotiations over the impact of the decision on the employees, and the procedures for implementing the decision.

6. In the event that the Employer decides that unit work will be accomplished by contract, the Parties agree that no bargaining unit employee will be under the supervision of a person who is not an employee of the Federal Government.

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ARTICLE XXIX: REDUCTION‑IN‑FORCE/OUTPLACEMENT

1. The Employer and the Union jointly recognize the desirability of maintaining the stability of employment for employees.

2. The Employer, recognizing the Union's interest in protecting and representing employees, will give the Union advance notice and an opportunity to negotiate on the impact and procedures to be used in a RIF, and keep the Union informed of RIF developments. Such notification shall be in writing and provided to the Union prior to any official notification to employees.

3. The Employer will notify the Union of a proposed RIF at least forty‑five (45) days before the proposed effective date. At that time, the Employer will advise the Union of the reason for the reduction‑in‑force and/or transfer of function, the number, title, series, and grades of employees affected, and the measures being considered at that time by the Employer to reduce the adverse impact on employees.

4. The Employer will give affected employees as much advance notice of reduction‑in‑force and/or other transfer of function as is administratively feasible (normally 30 days). Notice to employees shall comply with governing OPM regulations and shall contain the employees’ grievance and appeal rights.

5. The Employer agrees to make retention registers and other RIF and transfer of function documents available to the affected employee(s) and his/her representative.

6. In an effort to provide assistance to affected employees, the Employer agrees to maintain a Displaced Employee Program consistent with OPM regulations. The purpose of this program is to help place present and former career or career‑conditional employees who have been displaced or who are scheduled to be displaced from their positions.

7. The Union and the Employer will jointly encourage each employee to see that his/her personnel file and SF‑171 are up‑to‑date as soon as the RIF transfer of function is announced. The Employer will add to the personnel file appropriate changes or amendments requested by the employee. Both the personnel file and SF‑171 will be used to match employees with vacancies and other positions. Employees possessing skills in more than one area will be considered for positions in such areas.

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ARTICLE XXX: LEAVE

1. ANNUAL LEAVE:

a. The earning of annual leave, as provided by applicable law, is a right; however, the use of annual leave is granted subject to the needs of the Employer.

b. The Employer has the primary responsibility for scheduling and approving leave. It is the responsibility of supervisors and employees to consult so that leave may be scheduled fairly and equitably and to avoid forfeiture of annual leave. The Employer shall encourage each employee to schedule at least one (1) week of available annual leave every year in order to allow the employee rest and recreation away from the worksite.

c. Except when such a practice would interfere with the mission, the Employer will schedule work assignments and annual leave so that each employee who desires and who has sufficient leave may take a vacation. Reasonable efforts consistent with the needs of the Employer and equity to other employees will be made to satisfy the desires of employees with respect to requests for more than two consecutive weeks. When annual leave has been scheduled and approved, an employee shall not be required to change

the date of leave except when required by an emergency.

d. Employees shall state in advance the desired times for annual leave. If several employees desire the same day or time for leave, leave for that period shall be granted to the employee with the most seniority

based on length of duty with Passport Services. However, this rule shall not allow the senior employee to take leave during the same two month period more than two (2) years in succession if other employees, of less seniority, who have requested leave during the same period, would be denied leave at that time.

e. Request for annual leave for emergency or unforeseen reasons will be considered on an individual basis. However, the approval of leave cannot be presumed by an employee. In an emergency which could not be anticipated in advance, the employee must contact his/her supervisor or the supervisor's

designated representative, either personally or by phone, as early as possible, but normally within two hours

after the start of his/her shift on the first day of absence and request the use of annual leave. In cases

where the employee's record establishes a pattern of leave

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usage, failure to obtain the supervisor's permission may result in an employee's absence being charged to absence without leave (AWOL) and disciplinary or other administrative action taken as the circumstances may warrant.

f. The Parties recognize that it is in the employee's best interest to maintain a reasonable balance of annual leave for emergency purposes; however, no employee shall be required to maintain a minimum annual leave balance.

g. Forfeited annual leave which had been scheduled and approved in advance shall be restored to the employee if he/she is unable to use the leave prior to the end of the leave year because of exigencies of the public business, sickness of the employee during scheduled annual leave, or administrative error. This section will not apply in cases where leave is forfeited due to operation of Section 1d of this Article.

The parties recognize that decisions on whether exigencies exist which preclude the use of scheduled and approved annual leave are made at a level beyond Passport Services, Bureau of Consular Affairs. Grievances over a refusal to restore leave in such cases will go immediately to arbitration under Article IX.

2. SICK LEAVE:

a. Sick leave shall be granted to employees for any of the following reasons:

1. When the employee is incapacitated for the performance of duty because of sickness, injury, or pregnancy or confinement.

2. For medical, dental, or optical examination or treatment;

3. When a local public health authority determines: a) that a member of the employee's family is afflicted with a contagious disease and requires the personal care of the employee for a specific period, or b) that, through exposure to contagious disease, the presence of the employee at the place of duty during a specific period would jeopardize the health of others.

b. An employee who is absent because of illness will notify the appropriate supervisor as early as practicable on the first day of the illness, normally within two (2) hours

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after the employee is scheduled to report to work, and keep the supervisor advised regularly as to when the employee expects to return to duty.

c. Requests for sick leave for medical, dental or optical examinations or treatment will be submitted for approval prior to the beginning of leave. Where practical, these appointments would be scheduled early or late in the workday to minimize the amount of leave required.

d. Employees shall not be required to furnish a medical certificate to substantiate requests for approval of sick leave unless:

- the leave exceeds three (3) consecutive work days; or

- the employee has been placed on leave restriction; or

‑ when the employee has established an unusual and questionable pattern of sick leave usage, or where there is reasonable doubt as to the validity of the claim to such leave. Failure of the employee to submit an acceptable medical certificate or to provide an acceptable reason for the lack of one may result in the absence being charged to AWOL and appropriate disciplinary action initiated.

‑ Sick leave in excess of three (3) days must be supported by medical certificate, a statement from the employee acceptable to the supervisor, or other evidence acceptable to the supervisor.

e. Subject to law and regulations, an employee seriously injured or ill may request use of anticipated future sick leave accruals if the disability surpasses current accumulations. A maximum of thirty (30) days sick leave may be advanced under these circumstances. Applications for advanced sick leave must be supported by a medical certificate signed by a physician or practitioner. Advance of sick leave is contingent upon the reasonable expectation that the employee will return to work upon recovery.

3. LEAVE FOR MATERNITY AND PATERNITY REASONS: Employees who are pregnant will be allowed to work as long as they and their doctors feel is wise, prior to delivery. Sick leave will be used for physical examinations and periods of incapacitation which are supported by medical certification, i.e., by a physician or medically licensed midwife. After delivery and recuperation, the employee may desire a period of adjustment or

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need to make arrangements for the care of the child. These additional leave requirements may be taken care of by the use of available annual leave or leave without pay. The employee shall be returned to her position or a like position at the end of such leave, unless termination is otherwise required by expiration of appointment, by reduction‑in‑force, for cause, or for other reasons unrelated to the maternity absence. The father may request the use of annual leave or leave without pay in order to care for his newborn child, the child's mother or other minor children. The amount of time allowed shall depend upon the circumstances of the individual case, taking into account workload considerations and the desires of the employee. Appropriate leave arrangements, including annual leave, leave without pay and sick leave, as provided for in applicable regulations may be granted to employees who become adoptive parents.

4. MILITARY LEAVE: Permanent employees who are members of the National Guard or Reserves earn fifteen (15) days of military leave per fiscal year for active duty training. On‑call or seasonal employees are considered permanent if they are hired under career or career conditional appointments. To the extent it is not used, military leave accumulates for use in the succeeding fiscal year until it totals fifteen (15) days at the beginning of a fiscal year. If an employee is called to active duty as a member of the National Guard or Reserves and has used all of his/her military leave, he/she will be granted available annual leave if requested.

5. ADMINISTRATIVE LEAVE OR EXCUSED ABSENCE: Administrative leave shall be granted to employees for participation in such civic activities as blood donations, Federally recognized civil defense drills (not to exceed 40 hours in any calendar year), and voting. Administrative leave also shall be granted to employees for attendance at conferences and conventions when it is determined that attendance will serve the best interest of the Federal Service. Administrative leave may also be granted when the activity shuts down due to circumstances beyond the agency's control for a short period of time. Instances involving snow storms, floods, lack of heat or electricity and similar events are examples of situations when this type of leave may be appropriate. In addition, administrative leave shall be granted for labor relations training in accordance with Article XXIV of this agreement.

6. HOLIDAYS: Employees shall be granted all holidays given to Federal employees by statute and shall also receive holidays granted through Executive Order. If the holiday

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falls on a nonworkday, the holiday will be observed according to the provisions of 3 FAM 414.

7. LEAVE WITHOUT PAY: Employees who do not have leave to their credit and wish to take leave for emergencies or other necessities may request leave without pay. Eligibility for leave without pay is not dependent on a specific length of service, and may be authorized whether or not the employee has annual leave to his credit. Advanced sick leave or advanced annual leave will be considered in accordance with OPM regulations. Leave without pay shall be granted upon request to disabled veterans needing medical treatment, and to reservists and National Guard personnel for military training duties officially ordered by the reservist's unit and for which military leave is not available. Leave without pay may also be granted on an extended basis for educational purposes, while awaiting action on a retirement or Official Workers Compensation (OWCP) claim, while serving as an officer or representative of the Union, and for other reasons.

8. COURT LEAVE: In every instance the Employer will allow the employee to fulfill the citizenship duties of jury duty, and to serve as a witness for the Federal, state or county government unless a significant unexpected workload or other emergency at the Passport Agency would preclude it.

9. LEAVE USAGE: Leave usage shall be charged in increments of fifteen (15) minutes.

10. TARDINESS: Supervisors shall have the option to excuse infrequent absences and tardiness of less than an hour on the part of individual employees. Each case shall be considered on its merits and no employee shall receive disparate treatment in excusing such tardiness.

11. LEAVE RESTRICTION: Leave restriction is a non disciplinary action designed to assist the employee to overcome his/her inability to manage leave. In this regard, the employer will make every effort to assist employees who have established a pattern of leave misuse/abuse.

When a supervisor determines that an employee has established a leave pattern that indicates possible misuse or abuse, the supervisor will counsel the employee and assist him/her in developing methods for reducing leave usage. It is understood that no single leave usage will be controlling in establishing or supporting continuation of a pattern(s) of alleged leave abuse. In addition, the supervisor will notify the employee

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verbally and in writing and when appropriate, establish a date for expected improvement. If the employee fails to improve, the supervisor will request the issuance of a letter of leave restriction. Noncompliance with the letter of leave restriction may result in disciplinary action.

Leave restriction will be imposed for a period of six months with a supervisory review after three months. If there is significant improvement the employee may be removed from leave restriction and he/she will be notified in writing. Continued abuse, however, will result in a recommendation for disciplinary action.

All annual and sick leave for medical appointments, regardless of the amount requested, must be requested by submitting a completed SF‑71, Application for Leave, at least two (2) full workdays in advance and fully explain the need for leave. When it is not possible to request two (2) days in advance, the supervisor will fully consider the circumstances of the particular case before making a decision on the request.

12. LEAVE SHARING: Subject to law and regulations, an employee who has a personal emergency, i.e. medical or family emergency or other hardship situation that is likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave, may apply to become a leave recipient for the transfer of unused accrued annual leave from donating employees. The absence from duty without available leave because of the personal emergency must be or must be expected to be at least ten (10) workdays or longer.

Application forms to become a leave recipient or a leave donor shall be made available through request to supervisory personnel. Any other employee may make application on behalf of an employee to become an approved leave recipient as long as the supervisory personnel is satisfied that he/she would be entitled to accrue in the leave year of donation. A donor projected to lose annual leave at the end of the leave year may donate no more than the number of hours actually remaining in the leave year. Donors may make donations as often as they wish within the limits set forth. When documentation exists reflecting that an employee has abused or made inappropriate use of leave and loss of income can be attributed in whole or in part to low leave balances as a result thereof, the application may be denied.

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ARTICLE XXXI: PREMIUM PAY

1. FLSA OVERTIME: Employees entitled to overtime pay under the provisions of the Fair Labor Standards Act (FLSA) who, with the approval or knowledge (suffer and permit) of their supervisors, perform work for more than forty (40) hours during an administrative workweek shall be compensated for such work by receiving either overtime pay, or compensatory time off, for those hours in excess of forty (40) hours, in accordance with the provisions of Section 2 of this Article.

2. FLSA COMPENSATORY TIME OFF: Employees covered by the Fair Labor Standards Act (FSLA), whose overtime entitlement under Title 5, U.S.C. is equal to or greater than the overtime entitlement under the FLSA, may be granted compensatory time off in lieu of overtime payments for irregular or occasional overtime, if the employee so requests and if the Employer agrees. The request for compensatory time off in lieu of overtime pay and the authorizing officer's approval or disapproval will be documented on Form DST‑984.

3. TITLE V OVERTIME AND COMPENSATORY TIME OFF: Employees who perform work that is officially ordered or approved in excess of eight (8) hours in a workday or forty (40) hours in an administrative workweek shall be compensated for such work by receiving either overtime pay or compensatory time off. Compensatory time off from a scheduled tour of duty may be granted by the Employer at the request of the employee for time spent in irregular or occasional overtime work, except that an employee whose basic rate of pay is in excess of GS 10, step 10, the Employer may require compensatory time off in lieu of overtime payment. Form DST‑984 will be used for authorization and compensation, including compensatory time off, for irregular or occasional overtime. No coercion shall be used to get the employee to request such compensatory time off rather than payment.

4. HOLIDAY PAY: Subject to the maximum rate limitation of Title 5, U.S.C., or other legal or regulatory limitation, employees performing non‑overtime work for up to eight (8) hours on a holiday granted to Federal employees by statute will receive pay at twice their basic rate. In addition, employees will receive overtime pay for overtime work on a holiday according to the provisions of Title 5, U.S.C. Employees covered by the Fair Labor Standards Act (FLSA) will be paid in accordance with Sections 1 and 2 of this Article.

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ARTICLE XXXII: SEASONALS

1. Application Procedures

a. The Employer and the Union recognize that employees want to obtain permanent employment status with Passport Services. Seasonal employees who have indicated a written desire to convert to permanent status shall be notified of the existence of attrition created vacancies which will be filled by conversion. If the Employer initiates a survey to find interested employees, every reasonable effort will be made to contact employees on non‑pay status. Employees who have expressed interest will be considered for conversion under this Article.

b. Each organization will post on official bulletin boards the criteria to be used in ranking employees for conversion to permanent status. Among the criteria to be used are:

‑‑ Most recent performance assessment;

‑‑ Management assessment of initiative, dependability, and potential;

‑‑ employee must not be on leave restriction at time of assessment, and,

‑‑ employee must not have had any absences without leave for the four months immediately preceding the conversion.

c. In the event of a tie, length of service within Passport Services will be used.

d. Each Agency will maintain a rank ordered list of interested employees. Conversions will be made from this list for attrition related vacancies.

e. The Regional Director shall post the position, title and grade of those permanent vacancies to be filled by this conversion process.

f. The name of the selected employee(s) will be posted on the official bulletin board at the time of selection.

Section 2. In considering work requirements, the employer will consider whether recall of seasonal employees will meet the expected needs, and will recall these employees where it is determined this will best meet the needs of the employer.