PAACE Contract

 

ARTICLE 15 

UNION PUBLICATIONS AND INFORMATION  AND USE OF EMPLOYER'S FACILITIES  

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.   

ARTICLE 16 

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.   

ARTICLE 17 

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.  

ARTICLE 18 

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.  

ARTICLE 19 

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.   

ARTICLE 20 

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.   

ARTICLE 21 

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.