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PAACE Contract
UNION PUBLICATIONS AND
INFORMATION
SECTION 1. The
Employer shall provide bulletin board space for the posting of Union material. This
space shall be made available as mutually agreed by the Parties. There
shall be no restriction on the content of publications and announcements placed
on the Union's bulletin board space by the Union. Posted
materials shall not be removed by the Employer. The
Parties recognize that the posting of scurrilous or inflammatory material is
prohibited.
Materials shall be posted during nonduty time. Bulletin
board privileges are the exclusive right of the Union and shall not be extended
to any other labor organization.
SECTION 2. The
Employer shall approve the Union's use of facility space at no cost to the Union
for periodic meetings with employees in the Unit provided the space requested is
available, and the use of the space does not interfere with operational/training
requirements of the facility. These
meetings shall take place during the nonduty hours of the employees involved.
SECTION 3. The
Employer shall provide the Union a suitable space to store reference material
and hold confidential discussions between a Union representative and employee,
provided space is available and use of the space does not interfere with
operational or training requirements of the Academy. Such
discussions shall be held during nonduty hours of employees involved or during
official time authorized under the provisions of this Agreement. A
message slot may be installed in the door. In no
case shall the Employer be required to provide equipment for use by the Union
and if at any time the space becomes needed, the Employer reserves the right to
withdraw from such arrangement.
SECTION 4. The
Union shall have the right to solicit advertisements for its publications, in
accordance with regulations, from persons or businesses which have no business
or financial relationships with the Employer and which are not regulated by the
Employer.
SECTION 5. The
Union may place literature in individual slots/boxes of bargaining Unit
employees where they presently exist. The
Employer shall not be required to install any additional boxes and does not
assume any responsibility for such Union literature. In areas
where individual slot/boxes do not exist, appropriate officials of Management
and the Union shall establish a mutually acceptable means of distributing such
literature.
SECTION 6. The
Employer shall allow the Union the use of the internal mail system (to include
electronic mail, where available) for communications on proper labor relations
subjects between Union officers/representatives, bargaining Unit employees and
between the Union and the Employer.
DISCIPLINARY/ADVERSE
ACTION
SECTION 1.
a.
This article covers actions involving written warnings, written
reprimands, suspensions, removals, reduction in grade or pay, or furloughs of 30
days or less.
Adverse action may not be taken against an employee covered by this
Agreement except for such cause as shall promote the efficiency of the service. A just
and substantial cause is necessary as a basis for an adverse action, and the
action must be determined on the merits of each individual case.
b.
All facts pertaining to a disciplinary action shall be developed as
promptly as possible.
Disciplinary actions under this Article shall be promptly initiated after all
the facts have been made known to the official responsible for taking
disciplinary action.
SECTION 2. An
employee and/or their designated representative shall have the right to review
the information relied upon to support the charges when disciplinary action is
proposed under this Article.
SECTION 3. At the
employee's request, the Union shall be provided with a copy of all
correspondence to the employee that is related to the disciplinary action.
SECTION 4. The
Employer's table of penalties should be used, when applicable, as a guide to
determine an appropriate penalty. If
applicable, appropriate penalties for offenses unlisted in the table of
penalties may be derived by comparing the nature and seriousness of the offense
to those listed in the table, the employee's previous history of discipline, and
other relevant factors in each individual case. In
assessing penalties, consideration shall be given to the length of time that has
elapsed from the date of any previous offense. As a
general guide, a two year time frame should be used in determining the
applicability of a previous offense to a current action.
SECTION 5. Letters
of reprimand and documents related to them should be removed from the Official
Personnel Folder after 1 year if no further related instances have occurred but
in no case shall it remain for more than 2 years. They
shall be removed from the Folder and destroyed immediately if ruled to be
unjustly issued.
TRAINING
SECTION 1. The Employer, in accordance with
existing agency regulations, shall make a reasonable effort to modify an
employee's work schedule consistent with operational requirements to assist in
the undertaking of an outside educational program. Requests to modify a work schedule
shall receive impartial consideration based on operational requirements.
SECTION 2. Employees may participate on their
own time in educational and training programs directly related to trhe
improvement of their job performance within their occupation or profession. The Government Employees Training
Act may authorize reimbursement for tuition and related costs. Requests for approval must be
submitted through channels to the Aeronautical Center Organizational
Effectiveness Division (AMH-400) in advance to permit final determination to be
made prior to enrollment. Approvals
shall not be given on a retroactive basis and are dependent on the availability
of funds.
SECTION 3. The Employer agrees to follow the
priorities established by the agency in recommending employees for training.
INSTRUCTOR PERFORMANCE
AND CAREER PLANNING
SECTION 1. The Employer recognizes the Union's
continuing interest in instructor performance and career planning. In recognition of this interest, the
Employer agrees to establish a committee appointed by the Superintendent
consisting of five members. This
committee shall meet with a five-member committee appointed by the Union on a
quarterly basis beginning the first quarter the Agreement is effective. The Employer Committee and the Union
Committee shall be prepared to discuss and consult on any of the topics related
to instructor performance and career planning in these quarterly meetings. The topics may include such items of
interest as performance evaluation, incentive awards, methods to be used in
selection of instructors for training, career counseling plans, the use of
temporary duty assignments either for training or as specific instructor duty
performed away from the permanent duty station, and other related subjects. When mutually agreed upon plans are
developed, goals for the accomplishment of these plans shall be established.
SECTION 2. It shall be the responsibility of
the Employer Committee to consult with the Union Committee at any time the
Employer is considering changes that would alter policies and procedures that
would affect Instructor Performance and Career planning.
SECTION 3. The Union Committee may prepare and
submit to the Employer Committee any special studies or reports it deems
appropriate. The Employer Committee
shall be prepared to discuss the study or report if requested to do so by the
Union Committee.
SECTION 4. As requested, Management shall
assist employees in preparing individual development plans. Also, as requested, Management shall
provide advice and assistance where possible to employees in obtaining the
objectives of their individual development plans.
POSITION DESCRIPTIONS
SECTION 1. Each employee covered by this
Agreement shall be provided a position description which accurately reflects the
duties of his/her position.
Position descriptions shall be provided to employees normally within 30 days
after the employee reports for duty in the position. If an employee believes that his/her
position description is not accurate, he/she may request a review by the
appropriate supervisor and be assisted by a Union representative. A dispute regarding the accuracy of
an employee's position description may be handled under Article 10 of this
Agreement.
SECTION 2. The Employer shall annually review
position descriptions under his/her jurisdiction to insure accuracy.
DETAILS AND TEMPORARY
PROMOTIONS
SECTION 1. The Parties agree that the Employer
retains the right to decide which position, if any, shall be filled by detail.
SECTION 2. Employees in the Unit shall be
detailed in accordance with applicable laws and regulations.
SECTION 3. Informal details of employees for 30
calendar days or less may be authorized.
The Employer agrees that a copy of the official action authorizing a
detail in excess of 30 days to positions involving different basic duties, shall
be incorporated in the employee's Official Personnel Folder. The Parties agree that it is the
responsibility of individual employees to update their personal qualifications
of record to reflect experience and training gained through informal details
whenever different duties were performed.
SECTION 4. Details to higher grade positions
shall not exceed 120 days unless selections are made through the Merit Promotion
Plan. Details to positions of like
grade involving different basic duties shall not exceed 120 days without prior
approval of the Personnel Management Division.
To the extent practical, opportUnities for details/temporary promotions
within the immediate work group/area shall be afforded to those employees of the
immediate work group/area in a equitible manner among qualified employees.
SECTION 5. When it is known that a higher grade
position shall be temporarily vacant for a period of 30 days or more and a full
performance level bargaining Unit employee is assigned to fill the position for
the period of the vacancy, that employee shall be given a temporary promotion as
soon as the administrative requirements can be met and the necessary paperwork
is effected. Temporary promotions
shall not exceed 120 days unless selections are through the Merit Promotion
Plan. Temporary promotions shall be
effected in accordance with the regulations governing such promotions.
SECTION 6. Assignments to duties normally
performed at higher grade levels shall never be considered as upgrade training
for the purpose of avoiding payment at the higher rate.
SECTION 7. If administrative restrictions on
promotions are imposed by appropriate authority, the provisions of this Article
relative to temporary promotions do not apply.
PROMOTIONS AND TRANSFERS
SECTION 1. The Parties agree that the purpose
and intent of the Merit Promotion Plan is to insure that employees are given
full and fair consideration for advancement and to assure selection from among
the best qualified candidates. It
is further agreed that the plan in the Academy shall be administered in
accordance with applicable laws and regulations.
SECTION 2. Department of Transportation,
agency-wide, and regional vacancy announcements shall be available to all
interested personnel in the Aeronautical Center Library located in the Academy
Building. The Employer agrees that
a copy of all announcements received shall be promptly forwarded to the Library
for posting.
SECTION 3. Upon request, the Employer shall
make the following information available to an employee and his/her
representative if representation is requested.
a. Whether the employee was
considered for promotion and, if so, whether he/she was found 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
promotion; and d. In what areas, if any, the employee should improve himself/herself to increase his/her chances of future promotion.
SECTION 4. The Parties recognize that minimum
qualification standards used for promotions shall be standards prescribed by the
Office of Personnel Management (OPM).
In keeping with the spirit and intent of Federal laws and regulations
regarding discrimination, the Employer agrees to recognize and establish
qualification requirements and selective placement factors in accordance with
applicable laws and regulations.
SECTION 5. An employee desiring ingrade or
downgrade transfer to a position for which he/she is qualified may file an
application for such position in accordance with FAA Internal Placement
Procedures. These procedures assure
the employee consideration for ingrade/downgrade positions.
SECTION 6. To the extent possible when filling
Academy bargaining Unit positions by either promotion or ingrade transfers, the
Employer shall consider bargaining Unit members before considering employees
from other sources.
SECTION 7. Employees selected for developmental
positions shall be promoted at the completion of 52 weeks in the developmental
positions, unless Management
advises them by the 50 th week of the intent to delay the promotion and the
reason(s). Promotion at an earlier
date shall be dependent on the employee meeting qualifications and other OPM
requirements and demonstration of performance at the higher grade level. SECTION 8. Nothing in this Article shall serve to negate or alter in any way the provisions of Article 13. |