SECTION 1.  It is the intent of the FAA Academy to program and schedule periodic field refresher training for its instructor personnel where appropriate to maintain their technical skills and to maintain required currency for the instructional position they now occupy.  Familiarization trips for instructors may be required by the Academy, or may be requested by the instructor.  Approval of requests shall be subject to operational staffing or resource limitations.  

ARTICLE 46 

REDUCTION-IN-FORCE  

SECTION 1.  Reductions-in-force (RIF) shall be administered in accordance  with prescribed laws and Office of Human Resource Management regulations .  The Employer agrees to notify the Union when it is determined that reduction-in-force  actions shall be necessary within the bargaining Unit.  The notice shall include the reasons for the RIF, the number and types of positions affected, and the approximate date the actions shall take place.  At this time, the Union President may submit proposals for negotiation concerning the procedures Management shall follow within the scope of Public Law 95-454 and the Employer's authority.

Following receipt of the notice, the Union, upon request, shall be provided a listing of Academy vacancies. 

SECTION 2.  In the event of a reduction-in-force, vacancies which Management has decided to fill shall be used to the maximum extent possible to place employees in continuing positions who would otherwise be affected by the action.   

SECTION 3.  An employee affected by reduction-in-force has the right to inspect all reduction-in-force records pertaining to him/her.  He/she also has the right to designate a representative to assist him/her to resolve a dissatisfaction. 

SECTION 4.  The Union shall be provided, at the end of the reduction-in-force, with a list of all vacancies filled during the reduction-in-force.   

ARTICLE 47 

PSYCHOLOGICAL TESTING 

SECTION 1.  The Employer shall not require psychological testing as a part of any annual recurring physical examination.  Nothing in this article precludes the Employer from requiring psychological testing on a case by case basis whenever the Federal Air Surgeon or his designee may determine that such examination is necessary.  A psychological test shall not be required solely on the basis of hearsay type statements.   

ARTICLE 48 

OFFICIAL PERSONNEL FOLDER  

SECTION 1.  Material placed in an employee's official personnel folder shall be of an official nature only as defined in the Federal Personnel Manual, and shall bear the name of the person originating the material.  The employee may be given copies of all FAA-initiated material to which he/she is permitted access by law or Office of Personnel Management regulation which is placed in his/her Official Personnel Folder subsequent to the effective date of this Agreement.

SECTION 2.  There shall be maintained one Official Personnel Folder only for each Unit employee.  The Official Personnel Folder shall be located in the Office of Human Resource Management. 

SECTION 3.  An employee or, upon request, his/her designated representative shall be afforded reasonable access to the employee's Official Personnel Folder and the material therein, except that material restricted by law or Office of Personnel Management regulation. 

SECTION 4.  Access to an employee's Official Personnel Folder shall be granted to other persons only as authorized by law or Office of Personnel Management regulation. 

SECTION 5.  An employee who, pursuant to Office of Personnel Management regulations, attempts unsuccessfully to correct or amend a record contained in his/her Official Personnel Folder, may have a statement of disagreement placed in his/her folder.   

ARTICLE 49 

TELECOMMUTING   

SECTION   1.  The Union has the right to negotiate on programs that affect bargaining Unit employees conditions of employment.  This right extends to telecommuting.  Each organization that wishes to participate in telecommuting must conduct the necessary discussions with the Union if its bargaining Unit members are affected by the program. 

SECTION  2.  An employee's off-site work must not adversely affect the organizational mission and functions.  If, at any time, it is determined that a telecommuting arrangement is having an adverse impact on  work operations,  the arrangement shall be modified or terminated immediately.  If it is determinined that the telecommuting program is having a adverse impact on work operations, it may be terminated, subject to fulfilling labor relations obligations.   

a.   Telecommuting is a Management option rather than an employee benefit and does not change the terms and conditions of appointment. 

b.   Participation in telecommuting by employees and supervisors is voluntary.  Supervisors are responsible for determining if a position is appropriate for telecommuting and for approving employees' participation. 

c.   Because telecommuting is a supervisor-approved work option, there is no automatic right of the employee to continue  participation in the event of a change of supervisor. 

d.    Telecommuting may be implemented for bargaining Unit employees only after appropriate labor relations obligations have been fulfilled. 

e.  A telecommuting work agreement is required for all participants. 

f.   Employees and their supervisors must attend an orientation session prior to beginning the program,  and they must be Shalling to participate in program evaluation activities as contained in current agency directives. 

g.   Working at home is not a substitute for child/elder care.      

ARTICLE 50 

ALLEGED UNFAIR LABOR PRACTICES

SECTION 1.  The Union and the Employer agree to the methods described in Sections 2 through 5 below in an attempt to informally  resolve alleged unfair labor practices (ULP), other than Section 7116(b)(7) of the law, prior to the filing of ULP charges with the Federal Labor Relations Authority (FLRA). 

SECTION 2.  ULP charges contemplated by the Union against the Employer shall be brought to the attention of the Academy Superintendent through the Manager, Organizational Effectiveness Division, by the Union President.  ULP charges contemplated by the Employer shall be brought to the attention of the Union President through the Manager, Organizational Effectiveness Division , by the Academy Superintendent. 

SECTION 3.  The Parties involved shall investigate the alleged ULP so that all the facts are known, and attempt to informally resolve the matter. 

SECTION 4.  These informal procedures do not extend the 6 month statutory time limit established in Section 7118(a)(4)(A) of the law.  Thus, the total resolution time used in this informal procedure shall normally be limited to 30 days.  If the Parties are unable to informally resolve the alleged ULP within 30 days, the charging party, that is the Union President or the Academy Superintendent, may file the ULP with the FLRA.  ULP charges are not subject to the arbitration provisions in the Agreement. 

SECTION 5.  A ULP charge alleging a violation of Section 7116(b)(7) of the law may be filed immediately with the FLRA without following the provisions of this Article.   

ARTICLE 51 

PRINTING OF CONTRACT AGREEMENT  

SECTION 1.  The Employer shall print and distribute sufficient copies of this Agreement in booklet form to insure that every covered employee shall have a copy. 

The Employer shall bear the cost of printing and distributing such copies to affected employees, including new employees as hired.  The Union shall be supplied with 50 copies of this Agreement.   

ARTICLE 52 

FURLOUGHS FOR LESS THAN 30 DAYS  

SECTION 1.  Furloughs for less than 30 days shall be administered in accordance with prescribed laws and Office of Personnel Management Regulations. 

SECTION 2.  When budget-imposed furloughs are required, the Employer shall allow the affected employees to choose either continuous or discontinuous days off, unless legitimate mission requirements dictate otherwise.  Subject to operating requirements, furlough days may be scheduled in conjunction with annual leave or instead of previously approved annual leave.   

ARTICLE 53 

SMOKING POLICY  

SECTION 1.  Smoking is prohibited in all buildings and facilities controlled or occupied by AMA-1, except in properly ventilated and separated areas designated by the Employer as smoking areas. 

SECTION 2.  A properly ventilated and separated area is one that is physically separated from non-smoking areas by enclosed walls and doors.  It must have a ventilation system that vents tobacco smoke to the outside so as not to enter non-smoking areas.  It also must not be an area employees are required to use. 

SECTION 3.  If a properly ventilated and separated area exists, or if a properly ventilated area can be separated by making minor modifications within funding limitations, it may be designated as a smoking area if the Employer determines it is appropriate. 

SECTION 4.  If a properly ventilated and separated space is not available or can not be made available in accordance with Section 3 above, the Employer shall designate outside smoking areas.  There shall be a minimum of one non-smoking entrance designated for each area, normally the entrance most used by employees. 

SECTION 5.  The Parties agree to explore the feasibility of minor modifications (overhangs, etc.) to allow for adequate protection from the elements.  The findings shall be reported and considered by the Parties.   

ARTICLE 54 

SUBSTANCE TESTING   

SECTION 1.  All drug/alcohol testing conducted by the Employer shall be done in accordance with applicable law, Government-wide rules, regulations, and agency directives. 

SECTION 2.  Any testing of employees shall be conducted in a secure, sanitary area, and the privacy and dignity of the employee shall be respected in accordance with Department of Health and Human Services Guidelines. 

SECTION 3.  An employee who wishes to have a Union representative present during the specimen collection or alcohol test, shall be permitted to do so, provided a representative is readily available and the collection is not delayed.  The employee shall notify their supervisor of their desire to obtain representation as soon as the employee learns that he/she is to be tested.  The representative shall be permitted to observe the actions of the collector but shall not interfere with the collection process in any manner.  The employee shall be allowed to confer for a reasonable period of time with the representative. 

SECTION 4.  When reasonable suspicion exists that an employee is using illegal drugs/alcohol, either on or off duty, the Employer may require that an employee submit to drug testing.  Reasonable suspicion must be based on specific objective facts and reasonable inferences drawn by an appropriate Management official from these facts in light of experience.  The determination that reasonable suspicion exists shall be based on DOT 3910.1C such as:  a)  observable phenomena such as direct observation of drug/alcohol use and/or physical symptoms of being under the influence of a drug/alcohol; or b)  information provided either by reliable and creditable sources or independently corroborated. 

SECTION 5.  At the time an employee is ordered to submit to drug/alcohol testing based on reasonable suspicion of illegal drug use, he/she shall be given a written statement setting out the basis for establishing reasonable suspicion.  Upon the employee's request, a copy of the statement shall be provided to the Union representative.  In the event that a reasonable suspicion test (urinalysis or breathalyzer) produces a negative result, any references to reasonable suspicion shall be expunged from all formal and informal files. 

SECTION 6.  Educational materials shall be made available to all employees which explain the requirements of the drug and alcohol program and the agency's policies and procedures. 

SECTION 7.  Union representatives shall be provided training comparable to that provided supervisors and managers, as prescribed in DOT 3910.1C. 

SECTION 8.  Random testing of bargaining Unit employees shall be conducted in accordance with DOT 3910.1C. 

ARTICLE 55 

TECHNOLOGICAL CHANGES  

SECTION  1.  The Parties recognize that technological changes shall be continually studied, evaluated and\or integrated into the performance of work within the FAA Academy.  These proposed changes shall be addressed through the collective bargaining process. 

SECTION  2.  In the event that technological changes require training, the Employer and the Union shall discuss the content, length, and delivery schedule of such training to bargaining Unit members. 

SECTION  3.  Technological changes initiated outside the purview of the FAA Academy shall be subject to impact and implementation bargaining prior to adoption.    

ARTICLE 56 

EFFECT OF AGREEMENT  

SECTION 1.  Any provision of this Agreement shall be determined a valid exception to and shall supersede any existing FAA/DOT and/or Aeronautical Center rules, regulations, orders and practices which are in conflict with the Agreement, except in those cases where a compelling need is established.    

ARTICLE  57

REOPENER 

SECTION 1.  The Union shall be notified of any changes required by United States law affecting conditions of employment of employees in the bargaining Unit and in the event such required changes leaves areas of discretion to the Employer, the Employer shall consult with the Union before implementing such changes.  The Employer agrees to negotiate upon request by the Union on any changes that conflict with this Agreement or shall adversely impact employees of the bargaining Unit. 

SECTION 2.  By mutual agreement, the Parties may reopen and renegotiate any Article of this Agreement. 

SECTION 3.  In the event that any law or action of the Government of the United States renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall continue in effect for the term of the Agreement.

ARTICLE 58

EFFECTIVE DATE AND DURATION  

SECTION 1.  This Agreement, signed by the Parties hereto, shall become effective the day approved by the FAA Administrator or his/her designee and the President, Professional Association of Aeronautical Center Employees. 

SECTION 2.  This Agreement is for a period of 3 years following signature and approval.  Thereafter, it shall annually renew itself for a 1year period unless either party gives written notice to the other of its desire to amend or terminate the Agreement.  The written notice must be given not more than 105 calendar days or not less than 60 calendar days preceding the expiration date of this Agreement.  Within 30 days after receipt of this written notice to amend, the Parties shall meet and begin negotiations.  This Agreement shall remain in full force and effect until a new Agreement is reached.  If this Agreement is automatically extended under the terms of this Article, government-wide regulations, the policies of DOT and FAA, current at the time of extension, shall be controlling in the event of conflict or incompatibility with this Agreement.