2011 Labor Master Agreement Between The U.S.

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1952011 Labor Master Agreement between theU.S. Department ofVeterans Affairsand theNational Federationof Federal EmployeesVA Council of Consolidated LocalsAFL-CIOJuly 2012PAM 05-75   P54537

Master Agreementbetween theU.S. department of Veterans Affairsand theNational Federationof Federal Employees2011

Table of ContentsPREAMBLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Article 1:Recognition And Unit Description. . . . . . . . . . . . . . . . . . . . . . 2ARTICLE 2:UNION RIGHTS AND REPRESENTATION . . . . . . . . . . . . . . . . . . . . . . 3ARTICLE 3:EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8ARTICLE 4:VOLUNTARY ALLOTMENT OF UNION DUES . . . . . . . . . . . . . . . . . 13ARTICLE 5: GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16ARTICLE 6:ARBITRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22ARTICLE 7:MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26ARTICLE 8:NEGOTIATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27ARTICLE 9:USE OF OFFICIAL FACILITIES AND SERVICES . . . . . . . . . . . . . . . . 30ARTICLE 10: PARTNERSHIP/COLLABORATIVE RELATIONSHIPS. . . . . . . . . . . . 33ARTICLE 11: MERIT PROMOTION & VACANCY ANNOUNCEMENTS(TITLE 5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34ARTICLE 12: PROFESSIONAL EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40ARTICLE 13: PAY SURVEYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41ARTICLE 14: PHYSICAL STANDARDS BOARD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42ARTICLE 15: PROFESSIONAL STANDARDS BOARDS(Pure Title 38 Employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43ARTICLE 15A: PROFESSIONAL STANDARDS BOARDS (Hybrids). . . . . . . . . . . 44ARTICLE 16: PROFICIENCY RATINGS (Pure Title 38 Employees). . . . . . . . 46ARTICLE 17: REPRESENTATION AT BOARDS OR HEARINGS . . . . . . . . . . . . . . . 47ARTICLE 18: VACANCY ANNOUNCEMENTS(Title 38 and Title 38 Hybrids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48ARTICLE 19: EMPLOYEE AND UNION DATA SECURITY. . . . . . . . . . . . . . . . . . . . 50ARTICLE 20: RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS. . . 51ARTICLE 21: SAFETY AND HEALTH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52ARTICLE 22: LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59Department of Veterans Affairs Labor Management Relations DVA /NFFE Master Agreementiii

Table of ContentsARTICLE 23: PAY, LEAVE STATEMENTS AND PER DIEM. . . . . . . . . . . . . . . . . . . . 67ARTICLE 24: PERFORMANCE APPRAISAL SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . 69ARTICLE 25: ACTIONS BASED ON UNACCEPTABLE PERFORMANCE(Title 5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71ARTICLE 26: DISCIPLINARY ACTIONS, ADVERSE ACTIONSAND MAJOR ADVERSE ACTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73ARTICLE 27: EMPLOYEE ASSISTANCE PROGRAM. . . . . . . . . . . . . . . . . . . . . . . . . 78ARTICLE 28: EQUAL OPPORTUNITY AND UPWARD MOBILITY. . . . . . . . . . . . 80ARTICLE 29: POSITION DESCRIPTIONS (Title 5). . . . . . . . . . . . . . . . . . . . . . . . . . 85ARTICLE 30: WORKWEEK, HOURS OF WORK AND ALTERNATIVEWORK SCHEDULES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87ARTICLE 31: OVERTIME-TITLE 38 REGISTERED NURSES. . . . . . . . . . . . . . . . . . . 89ARTICLE 32: OVERTIME- TITLE 5 AND HYBRID TITLE 38. . . . . . . . . . . . . . . . . . . 91ARTICLE 33: OUTPLACEMENT (Title 5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93ARTICLE 34: REDUCTION-IN FORCE AND REORGANIZATION. . . . . . . . . . . . . 94ARTICLE 35: CONTRACTING OUT WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97ARTICLE 36: TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99ARTICLE 37: LABOR-MANAGEMENT RELATIONS TRAINING. . . . . . . . . . . . . . 102ARTICLE 38: ORIENTATION OF NEW EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . . 104ARTICLE 39: PROBATIONARY/TRIAL PERIOD EMPLOYEES (Title 5). . . . . . 105ARTICLE 40: SEXUAL HARRASSMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106ARTICLE 41: CHILDCARE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107ARTICLE 42: PARKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109ARTICLE 43: ALTERNATE DISPUTE RESOLUTION (ADR). . . . . . . . . . . . . . . . . . 110ARTICLE 44: MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111ARTICLE 45: Telework. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113ARTICLE 46: FUNCTIONAL STATEMENTS (Title 38) . . . . . . . . . . . . . . . . . . . . . 114ARTICLE 47: WORKERS’ COMPENSATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115ARTICLE 48: DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116ivDepartment of Veterans Affairs Labor Management Relations DVA /NFFE Master Agreement

Preamble and Articles

PreamblePREAMBLEPursuant to the Civil Service Reform Act of 1978 regarding Federal LaborManagement Relations, the following Articles of this National Agreement,together with any and all supplemental agreements and/or amendments whichmay be agreed to at later dates or by the representatives of the Parties at the locallevel, constitute a total agreement by and between the Department of VeteransAffairs, hereinafter referred to as the Employer, and the National Federation ofFederal Employees, Council of Consolidated Veterans Affairs Locals, hereinafterreferred to as the Union, for the employees in the unit described below,hereinafter referred to as the employees.This Agreement is entered into pursuant to the Certification of RepresentativeFLRA Case No. WA-RP-00059, dated July 5, 2001.WHEREAS, the well-being of the employees and efficient administration of thegovernment are benefited by providing employees an opportunity to participatein the formulation and implementation of personnel policies and practicesaffecting the conditions of their employment;WHEREAS, collective bargaining through the Union:(A) safeguards the public interest;(B) contributes to the effective conduct of public business;(C) f acilitates and encourages the amicable settlement of disputes betweenemployees and their employers involving conditions of employment;WHEREAS, the public interest demands the highest standards of employeeperformance and the continued development and implementation of modernand progressive work practices to facilitate and improve employee performanceand the efficient accomplishment of the operations of the government; andWHEREAS, this Agreement promotes the ease and efficiency of the Employer’soperation;NOW, THEREFORE, the Parties to this Agreement, intending to be bound hereby,agree as follows:Department of Veterans Affairs Labor Management Relations DVA /NFFE Master Agreement1

Article 1: Recognition And Unit DescriptionArticle 1: Recognition And Unit DescriptionSection 1: RecognitionThe Employer recognizes that the Union is the exclusive representative of all GSand Title 38 professional employees in the consolidated units described in theFLRA Certification of Representative Case No. WA-RP-00059, dated July 5, 2001.Section 2: UnitsThis Agreement is applicable to the Department of Veterans Affairs GS andTitle 38 professional employees covered by the Certification of RepresentativeFLRA Case No. WA-RP-00059. The Parties agree that this Agreement will applyto additional groups of Department of Veterans Affairs professional employeesfor whom the Union may be certified as exclusive representative into theconsolidated unit.2Department of Veterans Affairs Labor Management Relations DVA /NFFE Master Agreement

Article 2: Union Rights And RepresentationARTICLE 2: UNION RIGHTS AND REPRESENTATIONSection 1The Union is the exclusive representative of the employees in the bargaining unitand is entitled to act for and negotiate agreements covering all of the employeesin the bargaining unit. The Employer will not communicate directly withemployees regarding changes to conditions of employment for which there is anobligation to bargain.A. The Employer agrees to respect the rights of the Union and to meet jointlyand negotiate with the Union, when requested, regarding the implementationof any new policy or change in existing policy affecting employees or theirconditions of employment, except as provided by law.B. The Employer agrees to meet its labor-management obligations when itproposes changes in working conditions that impact the employees in one ormore NFFE bargaining units.C. Consistent with law, government-wide regulations and this Agreement, theUnion has the exclusive right to represent an employee or group of employeesin presenting complaints. An employee or group of employees may present agrievance themselves without representation by the Union provided the Local isa party to all discussions and the grievance proceeding. The Employer will notifythe president or designee before such discussions are held. The Union shallnormally be allowed up to twenty-four (24) hours to provide a representative.The representative shall be permitted to present the views of the Local duringthe discussions.D. The Union has the right to have a representative present at all discussionsbetween the Employer and an employee or employees held in the course ofproceedings conducted to resolve complaints or grievances submitted underthis Agreement by a member of the bargaining unit. The Employer will notifythe local president or designee before such discussions are held. The Union shallnormally be allowed up to twenty-four (24) hours to provide a representative.The representative shall be permitted to present the views of the Local duringthe discussions.Section 2A. Formal Meetings: The Union will be given the opportunity to be representedat any formal discussion between one or more representatives of the Employerand one or more employees in the unit or their representatives concerning anygrievance or any personnel policy or practices or other general conditions ofemployment. The Union will be given a reasonable amount of advance notice,normally 24 hours.Department of Veterans Affairs Labor Management Relations DVA /NFFE Master Agreement3

Article 2: Union Rights And RepresentationB. Weingarten Rights: The Union shall be given the opportunity to berepresented under 5 USC § 7114(a) (2) (B) at any examination of an employee inthe unit by a representative of the Employer in connection with an investigationif: (1) the employee reasonably believes that the examination may resultin disciplinary action against the employee and (2) the employee requestsrepresentation. The Union will be given a reasonable amount of advance notice,normally 24 hours. When employees have a right to Union representationunder Weingarten, the Employer will notify them in advance of the meeting.Confidentiality will be maintained.C. The Parties agree that mission accomplishment is of primary concern toboth, and that improved communication and cooperation between the Partiescan contribute to the solution of mutual problems and improved employeerelations. Representatives of each Party will meet on a regular basis to discusslabor‑management issues. Such meetings should be held as often as the localparties agree. These meetings will be conducted during regular duty hourswith Union representatives authorized official time if otherwise in a duty status.Additional arrangements concerning these meetings may be negotiated at thelocal level.Section 3A Union representative wishing to use official time will notify his/her immediatesupervisor. Such release will not be arbitrarily withheld. The supervisor must beadvised of the general purpose of the request (whether the issue is a grievance,negotiations, investigation of a complaint, EEO, etc.), how the representativemay be contacted and the estimated time of return. If the Union representativewill be delayed beyond the estimated time, he/she will notify the immediatesupervisor to request additional time. The Union representative will notify thesupervisor when he/she returns to work. If release is not possible at the timerequested due to a work requirement which is pressing, the representative willbe released as soon as possible thereafter. If there is an operational necessitythat prevents the representative from being released immediately, arrangementswill be made for the Union representative to be released, normally within thenext tour of duty, or the Union may opt to assign another representative. Allgrievance time frames and meetings with employees shall be extended if theemployee’s failure to be released would cause the time limits to be missed.Union representatives will be allowed a reasonable amount of time to notify theUnion when they are assigned to a workplace other than their normally assignedworkplace and they need to keep the Union informed of their whereabouts.Section 4There shall be no restraint, coercion, or discrimination against any Union officialbecause of the performance of duties in consonance with this Agreement andthe Statute, or against any employee for filing a complaint or acting as a witnessunder the Agreement, the Statute, or applicable regulations.4Department of Veterans Affairs Labor Management Relations DVA /NFFE Master Agreement

Article 2: Union Rights And RepresentationSection 5The Employer agrees to have one face-to-face meeting with the VA Councilofficers annually to discuss Union views on items of concern, and agrees toreview those items that cannot be resolved at the meeting. Additional meetingsmay be held if agreed to by mutual consent.A. VA Annual Meeting: During the years in which the Council does not hold itsconvention, the Parties will meet in Washington. The Council shall request themeeting, with a preliminary agenda and a list of representatives who will beattending at least four (4) weeks in advance so that arrangements can be madefor the Council officers’ absence from their duties. The Employer will provideofficial time, if otherwise in a duty status, and travel and per diem expenses for upto nine (9) Union officials to be named by the Union. The meeting will not exceedone day unless through mutual agreement it is extended.B. NFFE Convention: During convention years, the Employer agrees to meetwith nine (9) Union officials to be named by the Union on the day prior to thebeginning of the Council convention. The nine (9) Council officers attending thismeeting will be provided official time for the day of this meeting, if otherwise in aduty status.C. Other VA employees may attend the meetings but they will not be providedexcused absences without charge to leave. This does not preclude approval oftime for training under other portions of this contract. The Employer agrees tomake every effort to arrange schedules so as to allow the nine (9) designatedUnion officials to take annual leave or leave without pay during the conventionand annual meeting years to the extent the workload allows.Section 6Internal union business, such as soliciting members, collecting dues, and electionof Union officers and officials will be conducted during the non-duty hours of theemployees involved.Section 7The Union shall be entitled to receive, upon request, and to the extent notprohibited by law, data which is normally maintained by management in theregular course of business, which is reasonably available and necessary for fulland proper discussion, understanding and negotiation of subjects within thescope of collective bargaining, and which does not constitute guidance, advice,counsel, or training provided for management officials or supervisors relating tocollective bargaining.Department of Veterans Affairs Labor Management Relations DVA /NFFE Master Agreement5

Article 2: Union Rights And RepresentationSection 8A. This Agreement grants the following official time to the Union nationalofficers:Council President – 100%National Midterm Bargaining Chair – 40%Council Secretary/Treasurer – 30%5 Council Vice-Presidents – 20% eachNational Safety Officer – 20%B. Each VHA NFFE Local is entitled to not less than 24 hours of official timeper pay period. One official in each NFFE Local in a VBA facility is entitled to areasonable amount of official time.C. For all Locals already above the minimum amount of official time describedabove, existing local agreements and past practices regarding official time onthe effective date of this Master Agreement shall remain in full force and effect,unless and until the local parties negotiate a change.D. The minimum amounts of official time described above are not intended tolimit the amount of official time that can be negotiated by the parties locally.E. Official time other than the above for stewards and officers is an appropriatesubject for local supplemental bargaining.F. Both Parties recognize that there will be instances when a local presidentwho has been granted official time will be absent for 2 weeks or more. If thelocal Union designates another local official to act with the full authority of thelocal president during this absence, the designee will be granted the amount ofofficial time that the Union president has been granted. The Union will notifymanagement as soon as the need arises, but in no case will the notice be lessthan 48 hours. Management may, however, limit the amount of official timegranted to the designee during the extended absence based on patient care. Inthis case the Union may designate another official.6Department of Veterans Affairs Labor Management Relations DVA /NFFE Master Agreement

Article 2: Union Rights And RepresentationSection 9The designated Union negotiators will be placed on official time duringnegotiations. Any changes may be made without regard to contract provisionson tours of duty. No overtime or compensatory time will be authorized fo

July 2012 PAM 05-75 P54537. MAStEr AgrEEMENt between the U.S. DEPArtMENt OF VEtErANS AFFAIrS and the NAtIONAL FEDErAtION OF FEDErAL EMPLOyEES 2011. Department of Veterans Affairs Labor Management Relations DVA /NFFE Master Agreement iii tAbLE OF CONtENtS PrEAMbL

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