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Article 10

PERSONNEL RECORDS

SECTION 10.01: Management shall maintain the Official Records of each employee in accordance with applicable laws, rules, and regulations.

SECTION 10.02: Employees and/or their representatives designated in writing shall have the right to examine official records personally identified to the employee. Employees, or their representative designated in writing, may receive, at no cost, a copy of personally identified records which have not previously been furnished.

SECTION 10.03: The Employer will make an employee aware of and provide a copy of all derogatory material that is placed in his Official Personnel Folder or Supervisory Personnel Record (supervisory working file.)

SECTION 10.04: Employees are entitled to request clarification or express disagreement with any record included in their supervisory working file or employee performance file.

Article 11

REDUCTION IN FORCE, TRANSFER OF FUNCTION AND REORGANIZATION

SECTION 11.01: The Employer has a reduction in force (RIF) when it releases a competing employee from his competitive level by furlough for more than 30 days, separation, demotion, or reassignment requiring displacement, when the release is required because of lack of work; shortage of funds; insufficient personnel ceiling; reorganization; the exercise of re-employment rights or restoration rights; or reclassification of an employee's position due to erosion of duties when such action will take effect after an agency has formally announced a reduction in force in the employee's competitive area and when the reduction in force will take effect within 180 days.

SECTION 11.02: To minimize adverse effects upon employees in a RIF situation, the Employer will, to the extent possible, accomplish any RIF through attrition.

SECTION 11.03: The Employer will provide complete information needed by affected employees in order that they fully understand reductions. Specifically, the Employer shall:

    A. inform affected employees as soon as possible of the necessity for a RIF;

    B. inform all affected employees of the extent of the competitive area, the regulations governing RIF, and the kinds of assistance provided for affected employees;

    C. provide equitable treatment for all employees; and

    D. provide assistance for affected employees through the appropriate Federal Employee Placement Programs.

SECTION 11.04: The Union will be informed of any pending RIF at least ten (10) work days prior to official notification of employees. The notification, in writing, will include the competitive levels initially affected, the number of employees involved, the proposed effective date, and the reason for the action. The Union will be afforded the opportunity to present its views and have those views considered, and to submit proposals, if desired, on impact and implementation.

SECTION 11.05: The Employer will give the affected employee a written notice. The Agency will issue a specific notice if the specific RIF action is known, or a general notice followed by a specific notice if the specific RIF action is not known. The general notice will state:

    A. the Agency will issue a specific notice to the employee as soon as it determines what RIF action, if any, will be taken in his case;

    B. the date the general notice will expire unless it is renewed or supplemented by a specific notice; and

    C. the employee shall not file an appeal to the Merit Systems Protection Board before a specific RIF action is taken.

The specific notice will state

    A. the action to be taken, i.e., demotion, reassignment, furlough for more than thirty days, or separation, and any salary retention information if appropriate;

    B. the effective date of the action;

    C. why the action is being taken;

    D. the employee's competitive area, competitive level, subgroup and service date, and the three (3) most recent annual performance ratings received during the 4-year period prior to the date of issuance of reduction-in-force notices;

    E. the place and time where the employee may receive copies of regulations, his OPF, records, and retention registers pertinent to the case;

    F. why, if such is the case, any lower standing employee is retained in the competitive level for more than thirty (30) calendar days;

    G. the employee's rights, entitlements and responsibilities with respect to the Outplacement Programs described in Section 11.03, above; and

    H. information concerning how to apply for unemployment insurance and the right to appeal to the Merit Systems Protection Board, the time limit on the appeal, and the address to which the appeal is to be forwarded; a copy of the MSPB appeal form will accompany the notice.

SECTION 11.06: Career and career-conditional employees in a RIF will be given sixty (60) days notice (120 days notice if 50 or more employees are released) in an active duty status. Within this period, the employee will be given thirty (30) calendar days in which to accept or reject any reassignment offer made in accordance with his rights under Government-wide rules and regulations.

SECTION 11.07: Career employees who have completed a trial period (Group 1) and employees serving in trial periods and career-conditional employees (Group 2) will be entitled to a reasonable offer of assignment when released if the Employer has a suitable job from which he can displace an incumbent by bumping or retreat. A suitable job is a job of the same or no lower than three (3) grades or grade intervals (or equivalent) in the same competitive area for which the employee is fully qualified and able to do the work without undue interruption. (The "save pay" provisions are explained in 5 U.S.C. 5362.)

    Within each group, there is a subgroup AD made up of veteran preference employees who have compensable service-connected disability of 30% or more, a subgroup A, made up of veteran preference employees not included in subgroup AD, and a subgroup B made up of non-veteran employees. The employee can bump if the position is occupied by an employee in a lower subgroup. He can retreat to a position not more than three grades or grade intervals (or equivalent), (five grades, grade intervals or equivalent in the case of 30% compensable veterans) if he was promoted from the job or one like it and it is occupied by an employee with a later service date in the same subgroup. An employee with an annual performance rating of “minimally successful” has retreat rights only to a position held by an employee with the same or lower rating. An employee may be reassigned to a vacant position but he has no right to such an assignment. The Agency is required only to make a reasonable offer of assignment, not necessarily the job the employee would prefer to have.

SECTION 11.08: If an employee has received a specific notice of separation or assignment to a lower grade level, the Employee or his designated representative shall have a right to review appropriate records (to the extent that the registers and records have a bearing on a specific action taken, or to be taken, against the employee). This includes the retention register for his competitive level and for those positions for which the Agency has determined the employee is qualified. If separation occurs, this includes information concerning those positions for which he is qualified, either under bumping or retreat rights.

SECTION 11.09: Employees have the right to appeal, in writing, to the Merit Systems Protection Board if they believe the RIF regulations have not been applied correctly in their cases. In accordance with 5 C. F. R. 1201.22, an appeal must be filed during the period beginning on the day after the effective date of the action being appealed and ending thirty (30) days after the effective date.

SECTION 11.10: The Agency will explain and provide benefit information concerning discontinued service retirement to those eligible employees affected by a RIF.

SECTION 11.11: If there is a tie in retention standing, the employee with the most government service will be placed ahead of employees with less service.

SECTION 11.12: The competitive area for all DCAA offices in the Central Region is identified by Management and made known to all employees.

SECTION 11.13: Transfer of Function.

    Transfer of function means (1) the transfer of the performance of a continuing function from one competitive area and its addition to one or more other competitive areas, except when the function involved is virtually identical to functions already being performed in the other competitive area(s); or, (2) the movement of the competitive area in which the function is performed to another local commuting area.

SECTION 11.14: The Agency shall:

    A. inform the employees in accordance with Section 11.06.

    B. if the transfer of function results in a RIF, make a reasonable offer to an affected employee of an assignment if there is a suitable job from which the incumbent can be displaced by bumping or retreat.

    C. assist and counsel affected employees on such matters as retirement and severance pay.

    D. provide assistance for affected employees through the Displaced Employee Program, the DoD Program for Stability of Civilian Employment, and other Federal outplacement programs.

SECTION 11.15: The Union will be informed of any pending transfer of function at least ten (10) work days prior to official notification of employees. The notification, in writing, will include the competitive levels initially affected, the number of employees involved, the proposed effective date and the reason for the action.

SECTION 11.16: Reorganization.

    Reorganization is the planned elimination, addition or redistribution of functions or duties in a particular work group or organization.

SECTION 11.17: The Employer shall notify the Union at least ten (10) work days prior to official notification of employees of a pending reorganization. The notification, in writing, will include the competitive levels affected, the number of employees involved, the proposed effective date and the reason for the action.

SECTION 11.18: The Employer shall, to the extent possible and consistent with its rights to direct the work force, consider individual employee's requests in the implementation of any reorganization.

SECTION 11.19: Bargaining.

    Written proposals which are submitted within five (5) work days of notification as described in Sections 11.04, 11.15, and 11.17 above, will be the only issues dealt with by the Parties. The Parties will negotiate within five (5) work days of management's receipt of the Union Proposals. The Local shall inform FMCS of the dates of the negotiations. Official time for such negotiations at the Local level shall be limited to three (3) consecutive work days. If issues remain unresolved, then the Parties shall immediately request mediation. Should mediation fail to resolve those issues, final written offers by each Party shall be submitted within three (3) work days to a management representative and a designated Union representative. Within three (3) work days, these two persons will negotiate for up to eight (8) hours on official time. If the issues remain unresolved, then the Parties shall immediately submit the above-mentioned final offers to the Federal Services Impasses Panel (FSIP). If Management determines that an exigency of the public business exists, the RIF may be implemented.

Article 12

HOURS OF WORK AND FLEXIBLE WORK SCHEDULES

SECTION 12.01: The basic work week is forty (40) hours, for which an employee is paid a straight-time rate. The regular tour of duty is scheduled Monday through Friday, including an unpaid thirty-minute lunch period each eight-hour workday, except as otherwise provided for under the flexible work schedule.

SECTION 12.02: Rest periods not to exceed fifteen (15) minutes will be granted by the Employer during each four-hour work period. Rest periods are paid time and may not be accumulated or be taken as an extension of the lunch period or at the beginning or end of the day.

SECTION 12.03: The purpose and scope of this Article is to implement the provisions of 5 USC 6122 allowing alternate work schedules, by establishing a Flexible Work Schedule program for the employees covered by this Agreement.

SECTION 12.04: Definitions.

    A. Basic Work Requirement (BWR). BWR is the number of hours, excluding overtime and credit hours, which an employee is required to work or to account for by leave or other means within a biweekly pay period. For full-time employees, the BWR is eighty hours per biweekly pay period. For part-time employees, the BWR is the number of hours the part-time employee is scheduled to work during the biweekly pay period.

    B. Basic Work Week (BWW). The standard work week consisting of 40 hours, scheduled during the hours permitted in this Article on Monday through Friday of each week.

    C. Business Hours. Business hours are the hours the office is expected to be adequately covered to serve the public.

    D. Compensatory (COMP) Time. Compensatory hours are time off granted in lieu of payment for overtime worked.

    E. Credit Hours. Credit hours are hours which are in excess of an employee's BWR (eighty hours for a full-time employee) and which the employee elects to work so as to vary the length of a succeeding workweek or workday, or use in lieu of annual leave or sick leave.

    F. Flexible Time. Flexible time is that part of the schedule of working hours previously approved by the supervisor during which employees may choose their time of arrival and departure from the work site within limits consistent with the duties and requirements of the position.

    G. Maxiflex. Maxiflex is the term used to describe a flexible schedule which has fewer than ten (10) days in the biweekly pay period and in which a full-time employee has a BWR of 80 hours for the biweekly pay period, but may vary the number of hours worked on a given day or the number of hours worked each week within the limits established in this Article and FPM Supplement 990-2. (Maxiflex is a type of flexible work schedule as described in 5 USC 6122. Maxiflex is not a Compressed Work Schedule as described in 5 USC 6127.)

    H. Office Hours. Office hours are the range of hours available to employees to schedule their tour of duty.

    I. Overtime Hours. Overtime hours are all hours in excess of eight hours a day or forty hours in a week which are officially ordered in advance as paid overtime work hours, and are not to be confused with Credit Hours as defined in paragraph E., above. Employees working overtime will be paid in accordance with applicable provisions of Title 5 of the United States Code or the Fair Labor Standards Act.

SECTION 12.05. Within the parameters of this Article, all employees GS-12 and below may choose to work an 8-hour workday, or may propose a work schedule of up to 10 hours per day (maxiflex). If an employee works more than 80 hours in a pay period, any time worked beyond 80 hours is accumulated as credit hours. These credit hours may be used to meet the basic work requirement of 80 hours in the subsequent pay periods. If the total of work hours and credit hours exceeds 80 hours, a maximum of 24 credit hours may be carried forward to subsequent pay periods.

SECTION 12.06. Procedures.

    A. The Flexible Work Schedule program has the following characteristics:

      1. The basic work week is forty (40) hours for which an employee is paid a straight time rate. The regular tour of duty is scheduled Monday through Friday inclusive, with an unpaid thirty (30) minute lunch period each 8-hour workday.

      2. Office hours are 0630 to 1800, Monday through Friday, for all employees. Business hours are 0800 to 1630.

      3. Credit hours may be used any workday. Supervisors and employees together must schedule their usage of credit hours to ensure adequate coverage at all times. An employee may not accumulate more than twenty four (24) credit hours. Credit hours can only be earned between 0630 and 1800 on Monday through Friday.

      4. Employees will begin work between 0630 and 0900 and leave between 1500 and 1800 on any day of the work week. The official lunch period is between 1100 - 1300 hours and will consist of a minimum of one-half hour. A longer lunch period may be taken if approved by the supervisor and it is reflected in the work schedule.

      5. All work schedules will be approved no later than the Thursday prior to the beginning of the pay period.

      6. Rest periods are paid time and may not be accumulated, nor may they be taken as an extension of the lunch period or at the beginning or end of the duty day.

SECTION 12.07: Scheduling the Basic Work Requirement.

    A. Employees and supervisors will schedule their BWR to ensure that each office will have adequate coverage for scheduled business hours at all times.

    B. All employees, within the provisions of this Article, may choose a flexible work schedule subject to the approval of the supervisor.

    C. Employees will inform their supervisors in advance of any planned deviation of their schedule or any substantial changes to their schedule necessitated by unforeseen situations. Changes to work schedules will be granted only if they do not impair productivity or adversely affect reporting due dates.

    D. Supervisors may modify the schedule of employees to meet mission requirements. The supervisor will discuss changes to an employee's work schedule with the employee prior to the effective date of such change.

SECTION 12.08: Employees attending training will work the hours of the training site.

SECTION 12.09: Employees in local travel status at mobile contractor sites or on TDY will have to work the hours available at the site and thus may be unable to work the selected work schedules. Should such conditions arise, employees should coordinate them as soon as possible with the supervisors and develop new work schedules. In developing the new schedules, consideration should be given to the use of credit hours and/or annual leave, in order to account for the 80 hours work requirement. When it is known in advance that the available hours are limited, such limitations will be provided for in determining selected work schedules.

SECTION 12.10: Time off during flexible time bands must be charged to the appropriate leave category, unless the employee is authorized compensatory time off or an excused absence. An employee working a Maxiflex Schedule (e.g., four days per week), who takes one day off of annual, or sick leave, will be charged leave for the number of hours scheduled for that day. Each employee must complete or account for the full 80 hours of the biweekly pay period.

SECTION 12.11: Administrative leave granted in advance for any purpose (e.g., jury duty, CPA examinations) will be at the rate of 8 hours per day. Employees and supervisors will be responsible for scheduling the remaining hours in the pay period to ensure that the full 80 hours are accounted for. Administrative leave granted for emergency reasons (e.g., snowstorms, floods) will be for the number of hours the employee was scheduled to work on the day for which the leave is granted.

SECTION 12.12: Employee requests to grant accrual of COMP time shall be in accordance with Title 5 USC which covers overtime and compensatory time. The accumulation of COMP time has no impact or relationship to accumulated credit hours. However, it is the supervisor's responsibility to ensure that the employee uses accrued COMP time within six pay periods.

SECTION 12.13: Full-time employees will receive 8 hours credit toward completion of the basic work requirement for each holiday that falls within the biweekly pay period. Each employee must complete or account for 72 hours during the nine (9) remaining workdays of the pay period in order to ensure credit for the full 80 hours. If a holiday falls on a day during the tour of duty of a part-time employee, the employee is entitled to an appropriate portion of their biweekly basic work requirement for that day. A part-time employee is not entitled to holiday pay if the employee is not scheduled to work on the day the holiday is celebrated.

SECTION 12.14: Employees are responsible for providing their timekeeper with a breakdown of hours worked, overtime worked, credit hours earned and used and leave taken, etc. This information will be provided to the timekeeper on the appropriate Agency form.

SECTION 12.15: All time will be accounted for on an hourly basis, but time worked, credit hours earned and used, overtime worked, and leave taken. etc., will be recorded on the hour or half-hour, , i.e., 0630, 0700, 1500, 1530 etc.

SECTION 12.16: Nonexempt employees under the Fair Labor Standards Act may elect to work credit hours. Hours worked in excess of 8 hours per day, or 40 hours per week, as credit hours are not payable as overtime.

SECTION 12.17: Employees will not be required to use annual leave during contractor shutdown. Employees may volunteer to work compensatory time for use during contractor shutdown.

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