The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
BLS B U L L E T IN NO. 1451 £T Dayton & Mont'p“ «}ry Co Public Lu.-i-y SEP 7 l9bj DO CUM C LLEC N ENT O TIO COLLECTIVE BARGAINING AGREEMENTS IN THE FEDERAL SERVICE, LATE SUMMER 1964 U N I T E D S T A T E S D E P A R T M E N T OF LABOR W. Willard Wirtz, Secretary BUREAU OF LABOR STATISTICS Ewan Clague, Comm issioner BLS BULLETIN NO. 1451 COLLECTIVE BARGAINING AGREEMENTS IN THE FEDERAL SERVICE, LA TE SUMMER 1964 A u g u s t 1965 U N ITED STATES DEPARTM ENT OF LABOR W. W illard W irtz, Secretary BUREAU OF LABOR STATISTICS Ewan Clague, Commissioner For sale by the http://fraser.stlouisfed.org/ Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.. 20402 Federal Reserve Bank of St. Louis Price 50 cents Preface By late s u m m e r 1964, about Z l/ z y e a r s a ft e r the issu an ce o f the P r e s i d e n t ’ s E x e c u tiv e o r d e r esta blish in g a u n ifo r m la b o r re la t io n s p o lic y fo r the e x e c u tiv e d e p a r t m ents o f the F e d e r a l G o vern m e n t, 209 f o r m a l c o l l e c t i v e b a rga inin g a g r e e m e n t s , c o v e r in g about 600,000 F e d e r a l e m p l o y e e s , had been n ego tiated under the t e r m s of the o r d e r . F o r m o s t of the a g e n c ie s and s e v e r a l o f the unions, c o l l e c t i v e b a rg a in in g was a new e x p e r ie n c e , and so m e o f the f i r s t a g r e e m e n t s sim p ly r e c a s t the E x e c u tiv e o r d e r . Since the m a j o r t e r m s of com pensation and su p p le m en tary ben efits f o r F e d e r a l w o r k e r s a r e esta b lish ed by the C o n g r e s s , the scope o f bargaining with individual a g e n c ie s can n e v e r be as w id e as in p r iv a te industry. Th is study p resen ts a deta iled pictu re o f the e a r l y re su lts o f b argainin g in the F e d e r a l S e r v i c e , as r e f l e c t e d in w r itte n a g r e e m e n t s . C o n s id e r in g the pace at which union o rg a n iz a t io n and c o l l e c t i v e b a rga inin g a r e m o v in g , the study soon m a y have h i s t o r ic a l i n t e r e s t m a in ly , but it w i l l continue to s e r v e as a base upon which the changes in c o l l e c t i v e b argainin g can be m e a s u r ed . The a g r e e m e n t clau ses quoted in this study, i d e n tifie d by a gen cy and union in an appendix, a re not intended as m o d e l o r r e c o m m e n d e d cla u ses. The c la s s i f i c a t i o n and in te rp r e t a t io n o f cla u s e s , it must be em p h a s iz e d , do not n e c e s s a r i l y r e f l e c t the understanding o f the p a r t ie s who n ego tiated the cla u ses. M in o r e d it o r ia l changes w e r e made w h e re n e c e s s a r y to enhance c l a r i t y and i r r e l e v a n t parts w e r e o m itted w h e r e fe a s ib le . Th is bulletin was p r e p a r e d by H a r r y P . Cohany, a s s is t e d by H. J am es N e a r y , under the d ir e c t io n o f Joseph W. Bloch, C h ief o f the B u r e a u ’ s D iv is io n of Indus t r i a l and L a b o r R e la tio n s , under the g e n e r a l d i r e c t i o n o f L e o n a r d R. L i n s e n m a y e r , A s s i s t a n t C o m m is s io n e r f o r W a g es and In d u stria l R ela tio n s. iii Contents Pase C h a p t e r I. I n t r o d u c t i o n ___________________________________________________________________ S c o p e o f s t u d y ------------------------------------------------------------------------------------------------- 1 4 C h a p t e r II. A g r e e m e n t p r o v i s i o n s in a g e n c i e s o t h e r than P o s t O f f i c e -------------------------------------------------------------------------------------G e n e r a l p o l i c y s t a t e m e n t s ----------------------------------------------------------------------------H o u r s o f w o r k and o v e r t i m e -------------------------------------------------------------------------D a i l y and w e e k l y h o u r s ----------------------------------------------------------------------------H o l i d a y p a y -----------------------------------------------------------------------------------------------W o r k i n g c o n d i t i o n s ______________________________________________________________________ R e s t p e r i o d s ----------------------------------------------------------------------------------------------W a s h u p a n d / o r c le a n u p p r o v i s i o n s ----------------------------------------------------------S p e c i a l c l o t h i n g -----------------------------------------------------------------------------------------W o r k b y s u p e r v i s o r s -------------------------------------------------------------------------------------S u b c o n t r a c t i n g -----------------------------------------------------------------------------------------------S a f e t y m a t t e r s -----------------------------------------------------------------------------------------------P o l i c y s t a t e m e n t s -------------------------------------------------------------------------------------S a f e t y c o m m i t t e e s ------------------------------------------------------------------------------------A c c i d e n t r e p o r t s --------------------------------------------------------------------------------------W o r k u n d er h a z a r d o u s c o n d i t i o n s _______________________________________________ D i s a b l e d e m p l o y e e s ---------------------------------------------------------------------------------L e a v e p o l i c i e s -----------------------------------------------------------------------------------------------A n n u a l l e a v e ----------------------------------------------------------------------------------------------S ic k l e a v e -----------------------------------< --------------------------------------------------------------C i v i c d u t ie s ______________________________________________________________________________ J u r y d u t y ______________________________________________________________________________ V o t i n g l e a v e ----------------------------------------------------------------------------------------------C h a r i t y d r i v e s ------------------------------------------------------------------------------------------C r a f t j u r i s d i c t i o n ------------------------------------------------------------------------------------------W a g e s u r v e y s ____________________________________________________________________________ S u r v e y r e q u e s t s ----------------------------------------------------------------------------------------U n io n p a r t i c i p a t i o n __________________________________________________________________ A p p e a l s ________________________________________________________________________________ P e r s o n n e l a c t i o n s ------------------------------------------------------------------------------------------P r o m o t i o n s -----------------------------------------------------------------------------------------------D e m o t i o n s ____________________________________________________________________________ R e d u c t i o n - i n - f o r c e __________________________________________________________________ Jo b d e s c r i p t i o n s and r a t i n g s ______________________________________________________ D i s c i p l i n a r y a c t i o n __________________________________________________________________ A p p r e n t i c e s h i p and t r a i n i n g ---------------------------------------------------------------------R e c r u i t i n g -------------------------------------------------------------------------------------------------U n io n a c t i v i t i e s __________________________________________________________________________ U n io n a f f a i r s and m e e t i n g s ________________________________________________________ P u b l i c i t y _______________________________________________________________________________ S t e w a r d s and r e p r e s e n t a t i v e s ------------------------------------------------------------------V i s i t a t i o n r i g h t s ---------------------------------------------------------------------------------------U n io n l e a v e -----------------------------------------------------------------------------------------------D u es w i t h h o l d i n g _____________________________________________________________________ 9 9 13 13 17 17 17 18 18 19 19 ZO 20 20 22 22 22 23 23 24 25 25 26 26 27 28 29 29 31 31 31 33 33 34 35 37 39 40 40 41 42 44 45 46 v Contents— Continued P a Se Union-management activities ------------------------------------------------------------------------Cooperation committees---------------------------------------------------------------------------Negotiating committees-----------------------------------------------------------------------------Factfinding committees-----------------------------------------------------------------------------Mediation----------------------------------------------------------------------------------------------------Decision and appeals----------------------------------------------------------------------------------Grievances and arbitration-----------------------------------------------------------------------------Rights of union and individual-------------------------------------------------------------------Scope of procedures_______________________________________________________ Procedural steps----------------------------------------------------------------------------------------Advisory arbitration----------------------------------------------------------------------------------Supplemental agreements-------------------------------------------------------------------------------Chapter III. Provisions in the National Postal Agreement ___________________ 49 49 51 52 54 55 56 57 58 59 62 64 65 Tables: 1. 2. 3. 4. 5. Federal collective bargaining agreements by agency and union affiliation, late summer 1964_______________________ Federal collective bargaining agreements by agency and number of employee organizations, late summer 1964 -----------------------------------------------------Federal collective bargaining agreements by agency and broad occupational coverage, late summer 1964 --------------------------------------------------------------------------------Federal collective bargaining agreements by size of bargaining unit, late summer 1964-----------------------------------------Federal collective bargaining agreements ex clu sive of P o s t O ffice , 5 6 7 8 by r e g i o n , late summer 1964_______________________________________________________ 8 Appendixes: A. B. C. D. Executive Order 10988___________________________________________________ Standards of conduct for employee organizations and code of fair labor practices_______________________________________ Merit staffing (Department of Labor) --------------------------------------------------Identification of clauses__________________________________________________ 71 76 81 86 Collective Bargaining Agreements in the Federal Service, Late Summer, 1964 Chapter i. Introduction Executive Order 10988, issued by President John F. Kennedy on Jan uary 17, 196 2, established for the first time a uniform labor relations policy in the executive departments of the Federal Service, including the right to nego tiate agreements. 1 The order followed closely the recommendations made by a special task force on November 30, 1961, appointed by the President on June 22, to advise him on employee-management relations in the Federal Government. 1 2 The task force, after an extensive survey, concluded that the "Federal Govern ment has no Presidential policy on employee-management relations, or at least no policy beyond the barest acknowledgement that such relations ought to exist. Lacking guidance, the various agencies of the Government have proceeded on widely varying courses. Some have established extensive relations with employee organizations; most have done little; a number have done nothing. The task force is firmly of the opinion that in large areas of the Government we are yet to take advantage of this means of enlisting the creative energies of Government workers in the formulation and implementation of policies that shape the conditions of their work. " The report went on to say: "The task force believes the time has come to establish a governmentwide Presidential policy which acknowledges the legitimate role which these organizations should have in the formulation and implementation of Federal personnel policies and practices. " The task force acknowledged that "the benefits to be obtained for em ployee organizations, while real and substantial, are limited" because "many of the most important matters affecting Federal employees are determined by Con gress, and are not subject to unfettered negotiation by officials of the Executive Branch." For example, wages, perhaps the key issue in collective bargaining in private industry, are, in the Federal Service, set either by statute (such as the Classification Act) or are determined on the basis of prevailing rates of pay in comparable occupations in private employment in the area (for "wage board employees"). 3 For all categories of employees, fringe benefits— e. g. , retire ment and insurance benefits, annual and sick leave, paid holidays— are uniformly applicable through legislation and regulations, and are thus not subject to nego tiation. Agency regulations, however, such as those implementing the above practices, as well as seniority rights, grievance procedures, the methods of determining prevailing rates of pay for wage board employees, and other regu lations, allow some scope to union negotiations. 1 See appendix A and B, respectively, for the text of the order and the "Standards of Conduct for Em ployee Organizations and Code of Fair Labor Practices in E m ployee-M anagem ent Cooperation in the Federal Service, " issued pursuant to the order. 2 Its members were Arthur J. Goldberg, Secretary of Labor, chairman; John W . M acy, Jr., Chairman, U .S . C iv il Service Com m ission, v ice chairman; David E. Bell, Director, Bureau of the Budget; J. Edward Day, Postmaster General; Robert F. M cNam ara, Secretary of Defense; and Theodore C . Sorenson, Special Counsel to the President. 3 Salaries set by statute include those of the Classification A c t, covering most professional, administrative, and clerical em ployees, the Postal Field Service, the Foreign Service, and the m edical service of the Veterans A d m in istration. They are payable on an annual basis. W age board em ployees, excluded from the Classification A c t for paysetting purposes only, are those in trades, crafts, and manual occupations. T hey are paid on a hourly basis. It should be noted that statutory systems do not apply to employees in a number of agencies who are governed by separate pay systems. Am ong these agencies are the Tennessee V alley Authority and the A tom ic Energy Com m ission. See table 3. 1 2 Union activity in the Federal Service, it should be emphasized, is not a recent development. Organizations of blue-collar workers in Government installa tions existed in the 1830! s and 1840‘ s and contributed to efforts to reduce daily hours of work to 10 and, subsequently, to 8. At the urgings of union leaders, Congress passed the first "prevailing wage" statute in 1861. Postal unions were founded in the 1880's and 1890's. As a result of growing union activity among Federal blue-collar workers, the International Association of Machinists, in 1904, chartered a separate division for such members, known as District 44. Four years later, a number of unions affiliated with the American Federation of Labor established the Metal Trades Department which was authorized to form local metal trades councils to coordinate representation and bargaining efforts and to resolve jurisdictional disputes among affiliates. A charter was granted that year to organizations at the Brooklyn Navy Yard. 4 The right of Federal employees to join unions and to petition Congress was established by the Lloyd-LaFollette Act of 1912, which stated in part: (c) Membership in any society, association, club, or other form of organization o f postal e m ployees not affiliated with any outside organization imposing an obligation or duty upon them to engage in any strike, or proposing to assist them in any strike, against the United States, having for its objects among other things, improvements in the condition of labor of its m em bers, including hours of labor and compensation therefor and leave of absence by any person or groups of persons in said postal service, or the presenting by any such person or groups of persons of any grievance or grievances to the Congress or any member thereof shall not constitute or be cause for reduction in rank or compensation or rem oval of such person or groups of persons from said service. (d) The right of persons em ployed in the c iv il service of the United States, either individually or c o llec tiv e ly , to petition Congress, or any m em ber thereof, or to furnish information to either House of Congress, or to any com m ittee or m em ber thereof, shall not be denied or interfered with. Although originally a rider to a Post Office appropriation bill, the act has, by extension, been held to apply to all Federal employees and the right of Federal employees to organize. It is still the only significant Federal statute protecting this right. The first general union of civil servants, the National Federation of Federal Employees (NFFE), was formed in 1917 when the American Federation of Labor issued a charter to several directly affiliated local unions. Disagreement with the AFL over jurisdictional matters resulted in the withdrawal of the NFFE from the Federation in 1932. In the same year, local unions opposed to secession formed the American Federation of Government Employees (AFGE). Both unions are still in existence. The Presidents task force found that in 1961 approximately one-third of all Federal employees were members of unions. This overall total, however, was largely influenced by postal unions which accounted for nearly 490, 000 of the 762, 000 members, and represented 84 percent of postal employment. Other agencies reporting a large proportion of organized employees were the Tennessee Valley Authority (82 percent of its employment), the St. Lawrence Seaway Develop ment Corporation (80 percent), the Panama Canal Co. (67 percent), and the Gov ernment Printing Office (54 percent). Of 57 Federal departments and agencies surveyed, 22 did not have a formal labor relations policy, while 11 other agencies provided briefly that employees had the right to join or not to join employee organizations. In 21 agencies, labor relations policies followed the Suggested Guide for Effective Relationships with Employee Croups in the Federal Service, issued by the Federal Personnel Council in 1952. In essence, the Guide suggested 4 Members of the IAM 's District 44 and of the M etal Trades Department have for a number of years served on the Navy W age C om m ittee which reviews data on lo ca l prevailing wage rates and determines area pay scales for each craft. 3 that M . . representatives of organized employee groups should be encouraged, . and insofar as practicable may from time to time be requested, to discuss with officials of the agency questions of personnel policy of general interest to em ployees . . . n In addition, it recommended that certain services, such as bul letin boards, distribution of literature, collection of dues and official facilities for meetings, be provided to employee organizations. Labor relations policies of an advanced nature were found in three Federal agencies, the Post Office, the Tennessee Valley Authority, and the Department of the Interior, with negotiations leading to written agreements confined to the latter two. 5 The task force further noted: The absence of Presidential policy at this late date is an unnecessary situation; in many ways it is an anomalous one. For a quarter century it has been the public policy of the Government to en courage em ployees in private enterprise to organize and deal c o llec tiv e ly ; yet the Government con tinues to have almost nothing to say concerning the role of organizations of its own em ployees . . . Despite the obvious sim ilarities in many respects between the conditions of public and private em ploym ent, the task force feels that the equally obvious dissimilarities are such that it would be neither desirable, nor possible, to fashion a Federal system of em p loyee-m an agem en t relations directly upon the system which has grown up in the private econom y . . . The task force wishes . . . to note its conviction that there need be no conflict between the system of e m p loyee-m an ag em en t relations proposed . . . and the C iv il Service merit system, which is and should remain the essential basis of the personnel policy of the Federal Government. The principle of entrance into the career service on the basis of open com petition, selection on merit and fitness, and advancement on the same basis, together with the full range of principles and practices that m ake up the C iv il Service system govern the essential character of each individual's em ploym ent. C o lle ctiv e dealing cannot vary these principles. It must operate within their framework. T he C iv il Service system has provided an excellent and, indeed, indispensable method of selecting government em ployees and rewarding their achievem ents. However, it has not, on the w hole, pro vided a means by which em ployees acting in concert m ay promote the c ollective interests of civil servants. In this light it is clear that the systems are both m utually com p atible, and in fact c o m plem ent each other. The Executive order, in line with the recommendations of the task force, reaffirms the right of employees to join or not to join unions ’’without fear of penalty or rep risal." Recognition is denied to unions which assert the right to strike against the Government, which advocate the overthrow of the constitutional form of Government, and which discriminate because of race, color, creed, or national origin, and which are found to be subject to corrupt influences. The order* s principal feature, however, is the provision for granting three forms of recognition to employee organizations— informal, formal, and exclusive. Informal recognition permits an organization to be heard on matters of interest to its members, regardless of the form of recognition accorded to others, although the agency need not consult it on personnel policy. Organizations having at least 10 percent membership among the employees in a given unit may seek and obtain formal recognition, in which case they speak for their members only in consul tations with management on matters relating to working conditions and the formu lation and implementation of personnel policies. Note that formal recognition cannot be granted or retained if another organization has exclusive recognition, although informal recognition of other units may continue. Finally, to obtain exclusive recognition, an organization must qualify for formal recognition and must be selected by the majority of the employees in the appropriate unit. The union so chosen must represent all employees in the unit and is authorized to 5 T V A has carried on collective bargaining with 16 craft unions represented by the V a lle y Trades and Labor C ouncil since 1937, and with 7 w h ite -collar unions represented by the Salary Policy Em ployee Panel since 1943. The Department of the Interior reported 24 agreements as of the end of 1961, covering em ployees on the Alaska Railroad, the Bureau of R eclam atio n , Bonneville Power Administration, Bureau of Mines, H elium A ctiv ity , and powerplants run by the Bureau of Indian Affairs and Southwestern Power Administration. These agreements are not covered in this study. 784-562 0 - 6 5 - 2 4 negotiate collective bargaining agreements. Units may be established on plant, craft, functional, or departmental lines, or on any other basis which establishes a community of interests among employees. In case of disagreement between unions and agencies as to what constitutes a proper bargaining unit, resort may be had to advisory arbitration. 6 The scope of negotiations is broadly stated as covering "personnel policy and practices and matters affecting working conditions, n but does not "extend to such areas of discretion and policy as the mission of an agency, its budget, its organization and the assignment of its personnel, or the technology of performing its work. " Agreements are subject to existing and future laws and regulations and must be approved by the head of the agency. A variety of other management rights dealing, in the main, with promotions, demotions, transfers, layoffs, and disciplinary actions are also included in the order. As required, by July 1, 1962, agency heads issued appropriate rules and regulations to implement the order, often after consultations with employee organizations, and the three forms of recognition began to be extended shortly thereafter. The first agreement under the order was negotiated by the Depart ment of Agriculture and Meat Inspection Dodges affiliated with the American Federation of Government Employees (AFL-CIO) and went into effect on Septem ber 3, 1962. In early 1965, 3 years after the order was issued, the Civil Serv ice Commission had a record of 627 exclusive units covering 760, 000 employees, of which 245 with 660,000 employees had negotiated agreements (515,000 in the Post Office Department). This study describes the provisions of 209 agreements which were availa ble to the Bureau of Labor Statistics by late summer 1964. Agreements nego tiated prior to Executive Order 10988 are excluded from this study. 7 Because of procedural requirements and other problems, the Bureau is not in a position to account for all agreements that may have gone into effect as of that date. 8 The study focuses on the types and varieties of provisions that the parties in their first effort of this kind have agreed to incorporate into their written agree ments. Thus, it serves as a benchmark against which to measure developments in the scope of collective bargaining over time. Scope of Study The 209 agreements negotiated under Executive Order 10988, with which this study deals covered nearly 600,000 workers in 21 Federal departments or agencies (table 1). Nearly 90 percent of the agreements studied were negotiated by unions affiliated with the AFL-CIO, representing about 87 percent of all covered workers. By far the largest number of workers, more than 471,000, were ac counted for by a national agreement between the Post Office Department and six unions. Negotiations between local post offices and postal unions are expected to result in more than 20, 000 supplementary agreements. Approximately 8, 000 local supplementary agreements have already been reached; these, however, are not accounted for in this study. Outside of the Post Office, the largest agreement and worker coverage was in Department of Defense agencies— 109 contracts for Twenty arbitration cases conducted through D e c . 31, 1963, are described in Federal Em ployee Unit Arbitration (U . S. Department of Labor, Labor-M anagem ent Services Adm inistration, June 1964). As of m id -1 9 6 5 , a total of 41 advisory arbitration decisions have been rendered. 7 See footnote 5. 8 One of the difficulties o f accounting for all agreements as of a particular date results from the fact that contracts reached at the lo ca l le v e l must be approved at agency headquarters before they can go into effect, a pro cedure which, at tim es, takes a month or longer. Other difficulties arise from delays in printing and distributing agreements. The Bureau of Labor Statistics is not the depository of Federal agreements, but depends on other agencies for copies. 5 Table 1. Federal C ollective Bargaining Agreements by Agency and Union Affiliation, Late Summer 1964 Number Union affiliation A F L-C IO Agency Agreem ents Employees covered Agreem ents Unaffiliated Employees covered T o t a l ---------------------------------------------------- 209 599, 542 1 183 525, 274 A gricu ltu re----------------------------------------------------C o m m e r c e -----------------------------------------------------D e fe n se -----------------------------------------------------------A ir F o r c e -------------------------------------------------------A r m y ---------------------------------------------------------------N a v y ---------------------------------------------------------------Health, Education, and W e lfa r e ---------------In ter io r-----------------------------------------------------------L abor---------------------------------------------------------------Post O f f i c e ----- -----------------------------------------------T re a su r y ---------------------------------------------------------A to m ic Energy Com m ission ---------------------C iv il Aeronautics Board-----------------------------Federal Aviation A g e n c y -------------------------General Services Adm inistration---------------Interstate C om m erce C o m m is s io n ----------National Labor Relations Board-----------------Railroad Retirem ent B o a r d -----------------------Smithsonian Institution--------------------------------T ariff C o m m is s io n --------------------------------------Veterans A d m in istra tio n ---------------------------- 3 3 1 9 34 65 2, 983 230 264 7 ,2 1 0 14, 337 66, 696 12, 259 72 4 4, 079 4 7 1 ,4 1 4 732 22 2 3 1 7 30 58 9 12 3 2, 558 230 264 4, 910 10, 445 6 4 ,5 6 8 12, 207 609 4, 079 40 8 , 333 732 22 11 839 1 ,2 2 1 10 14 3 1 5 1 1 4 21 1 1 1 1 1 29 11 839 1 ,7 7 2 20 42 1 ,8 0 0 30 7 1 4 ,0 7 1 U 5 1 1 4 16 1 _ 1 1 1 26 20 _ 1 ,8 0 0 30 7 12, 389 Agreements 127 Employees covered 74, 268 1 _ 425 _ _ _ 2 4 7 1 2 _ ll 2, 300 3 ,8 9 2 2 ,1 2 8 52 115 _ - 6 3 ,0 8 1 _ - _ - _ 5 551 1 42 3 1 ,6 8 2 _ _ _ _ 1 National Post O ffice agreement covers 4 unions affiliated with the AF L-C IO and 2 unaffiliated unions. ment coverage, however, is allocated by affiliation. _ _ _ _ A gre e 88, 507 employees. Other agencies with significant contract or worker coverage were Health, Education, and Welfare, and Interior, Labor, General Services Administration, and the Veterans Administration. Thirty-four unions, twenty-three affiliated with the AFL-CIO, were parties to the collective agreements studied (table 2). The extent of collective bargaining activity generated by the order can be gaged by the number of different unions which deal with a single agency. Thus, the Navy Department had agreements with 14 different organizations. Among the major ones, in terms of worker representation, were the local metal trades councils of the Metal Trades Depart ment (AFL-CIO), the American Federation of Government Employees, the Inter national Association of Machinists and Aerospace Workers, the National Maritime Union, and the National Association of Government Employees (Ind. ); smaller number of workers were represented by the International Union of Operating Engineers, the International Association of Fire Fighters, and the International Printing Pressmen and Assistants1 Union of North America. The Federal Aviation Agency bargained with four unions for 839 workers: The American Federation of Government Employees, the International Association of Machinists and Aero space Workers, the International Brotherhood of Electrical Workers, and the Lithographers and Photoengravers International Union. 6 Table 2. Federal Collective Bargaining Agreements by Agency and Number of Employee Organizations, Late Summer 1964 Number Agency AFL--C IO Employee organizations Unaffiliated Employees covered 1 T o t a l -------------------------------------------------- 34 5 9 9 .5 4 2 A g r ic u ltu r e ------------------------------------------------Com m erce ------------------------------------------------D e f e n s e -------------------------------------------------------Air F o r c e -----------------------------------------------------A r m y -----------------------------------------------------------Navy -----------------------------------------------------------Health, Education, and W e l f a r e ----------Interior ------------------------------------------------------Labor -----------------------------------------------------------Post O ffice ------------------------------------------------Treasury -----------------------------------------------------A to m ic Energy C o m m is s io n -------------------Civil Aeronautics Board -------------------------Federal Aviation A g e n c y -------------------------General Services A d m in istra tio n ----------Interstate Com m erce C o m m issio n --------National Labor Relations B o a r d -------------Railroad Retirem ent B oard---------------------Smithsonian In stitu tio n ---------------------------T ariff C o m m issio n ------------------------------------Veterans A d m in istra tio n -------------------------- 2 3 1 5 12 14 2 7 1 2 ,9 8 3 230 264 7 ,2 1 0 14, 3 3 7 6 6 ,6 9 6 1 2 ,2 5 9 724 4 ,0 7 9 4 7 1 ,4 1 4 732 22 11 839 1, 772 20 42 1 ,8 0 0 30 7 1 4 ,0 7 1 1 Union affiliation 6 4 1 1 4 5 1 1 1 1 1 4 Employee Employees organizations covered 1 23 5 2 5 .2 7 4 1 3 1 4 9 11 1 6 1 4 4 1 1 4 2 1 Employee organizations 2 ,5 5 8 230 264 4 ,9 1 0 1 0 ,4 4 5 6 4 ,5 6 8 1 2 ,2 0 7 609 4 ,0 7 9 4 0 8 ,3 3 3 732 22 11 839 1 ,2 2 1 20 - 1 1 1 2 Employees covered 1 - 1 ,8 0 0 30 7 1 2 ,3 8 9 11 7 4 ,2 6 8 1 425 - 1 3 3 1 1 - 2 - _ 3 - 1 _ - 2 ,3 0 0 3 ,8 9 2 2 ,1 2 8 52 115 _ 6 3 ,0 8 1 - _ _ _ 551 - 42 _ - - - - 2 1 ,6 8 2 These columns are nonadditive; many unions bargain with more than 1 Federal agency. The jurisdiction of 16 unions with 540, 000 workers was limited to the Federal Service, The study reveals that since issuance of the order several new employee organizations have come into existence, such as the National A sso ciation of Government Employees (Ind. ) (8 agreements), the National Association of Government Inspectors (Ind. ) (Z), and the Social Security District Office Em ployees Union (Ind.) (1). At the time of the study, however, the largest number of agreements were held by organizations with a long history of activity among Federal employees. The American Federation of Government Employees had 111 contracts, followed by the Lithographers and Photoengravers with 14, and metal trades councils with 11. Bargaining units outside of the Post Office comprised 21, 000 Classifi cation Act employees and 63,000 wage board employees, while 44,000 were in mixed units (table 3). Comparing these figures with corresponding employment totals, it is clear that, except for the Post Office, unions still face major orga nizing tasks. 9 Several large agencies, predominantly white-collar, had no agree ments or very little coverage under agreements. The Department of Labor*s agreement with AFGE is the only one covering virtually all eligible Washington headquarters' employees. 9 In 1964, the C iv il Service Com m ission reported 1 .1 m illion classified em ployees, 6 2 4 ,0 0 0 wage board e m ployees, and 5 8 5 ,0 0 0 em ployees in the postal service. 7 Table 3. Federal Collective Bargaining Agreements by Agency and Broad Occupational Coverage,* Late Summer 1964 Type of bargaining unit Number Classification A ct Agency Agree ments Employ Agree ees ments covered Employ ees covered 4 9 2 , 73 7 Total — --------------------------------------------- 209 5 9 9 ,5 4 2 A g r ic u ltu r e -------------------------------------------------Com m erce — --------------------------------------------D e f e n s e ------------------------------------------------------Air F o r c e -----------------------------------------------------Arm y ----------------------------------------------------------Navy -----------------------------------------------------------Health, Education, and W e l f a r e -----------Interior -------------------------------------------------------Labor -----------------------------------------------------------Post o f f i c e --------------------------------------------------Treasury -----------------------------------------------------A to m ic Energy C o m m issio n ----------------— Civil Aeronautics Board---------------------------Federal Aviation A g e n c y -------------------------General Services A d m in istration -----------Interstate Com m erce C o m m ission ---------National Labor Relations B o a rd -------------Railroad Retirem ent B oard---------------------Smithsonian In stitu tio n ---------------------------T ariff C o m m issio n ------------------------------------Veterans A d m in istra tio n -------------------------- 3 3 1 9 34 65 10 14 3 1 5 1 1 4 21 1 1 1 1 1 29 2 ,9 8 3 230 264 7 ,2 1 0 1 4 ,3 3 7 6 6 ,6 9 6 1 2 ,2 5 9 724 4 ,0 7 9 4 7 1 ,4 1 4 732 22 11 839 1, 772 20 42 1 ,8 0 0 30 7 1 4 ,0 7 1 34 3 - 1 4 6 9 1 3 1 1 - W age board A gree ments M ixed Employ ees covered 93 6 2 ,6 3 5 - 2 150 - - 1 1 1 1 1 - 42 1 ,8 0 0 30 - 2 17 33 - 11 - 4 - 1 2 18 1 1 1 - 1 ,9 3 0 2 ,9 1 4 54, 733 481 - 582 - 11 119 1 ,3 7 6 20 7 312 Employ ees covered 82 4 4 ,1 7 0 1 1 6 13 26 1 2 80 264 5 ,1 3 0 1 0 ,6 7 9 1 1 ,6 2 4 1 ,2 0 0 225 - _ _ 2 ,9 8 3 150 744 339 1 1 ,0 5 9 18 4 ,0 7 9 4 7 1 ,4 1 4 22 46 11 - A gree ments - 1 1 2 28 - 150 674 385 - 13, 759 1 See footnote 3, p. 1. Nearly half of the 209 bargaining units accounted for were made up of 150 or fewer employees, but these encompassed fewer than 6, 000 workers (table 4). About 510, 000 workers were in six bargaining units with 5, 000 or more workers each. Excluding Post Office agreements which could not be allocated on a geographic basis, more than half of the remaining 128, 000 employees were in installations in two regions, the South Atlantic and the Pacific (table 5). In the former, Maryland contributed about 11,500, with the District of Columbia and South Carolina adding about 7, 000 each. The largest number of covered employ ees as of late summer 1964 were in New York, 13, 700, and California, 12, 300. Most of the agreements accounted for in this study went into effect in the first half of 1964. In general, it took from 4 to 9 months after the date of granting exclusive recognition to reach an agreement, although in some cases it took as little as 3 months and in a few as much as 19 months. 8 Table 4. Federal C ollective Bargaining Agreements by Size of Bargaining Unit, Late Summer 1964 Number Agreem ents negotiated byA F L-C IO affiliates Number of em ployees in bargaining unit Agreements Employees covered Agreem ents U naffiliated unions Employees covered Agreem ents Employees covered T o t a l ---------------------------------------------------- 209 5 9 9 ,5 4 2 *183 5 2 5 ,2 7 4 *27 7 4 ,2 6 8 1 - 5 0 ---------------------------------------------------------------5 1 - 1 0 0 ------------------------------------------------------------ 60 19 21 14 19 16 19 10 22 6 3 1 ,5 9 4 1 ,3 4 0 2 ,7 3 4 2, 492 4 , 609 6, 485 1 2 ,1 6 2 55 15 19 12 16 14 16 7 20 6 3 1 ,4 8 3 1 ,0 6 7 2 ,4 6 9 2, 134 3 ,9 3 1 5, 660 1 0 ,3 6 0 6, 307 4 5 , 306 1 4 4 6 , 557 5 4 2 2 3 2 3 3 2 1 111 273 265 358 678 825 1 ,8 0 2 2 ,5 2 3 4 ,3 5 2 1 6 3 ,0 8 1 101 1 5 0 ---------------------------------------------------------151 200 ---------------------------------------------------------2 0 1 - 3 0 0 ---------------------------------------------------------301 - 5 0 0 ---------------------------------------------------------501 7 5 0 ---------------------------------------------------------751 1 ,0 0 0 -----------------------------------------------------1 , 0 0 1 - 5 , 0 0 0 ------------------------------------------------Over 5 ,0 0 0 ---------------------------------------------------Not a v a ila b le -------------------------------------------------- 1 8, 830 4 9 ,6 5 8 509, 638 See footnote 1, table 1. T ab le 5. R egion Federal C o lle c tiv e Bargaining Agreem ents Exclusive of Post O ffice, by R e g io n ,1 Late Summer 1964 Agreem ents 1 T o t a l ---------------------------------------------------- Employees covered 208 4 4 ,8 3 3 East North C e n tra l ------------------------------------W est North C e n t r a l --------------------------------- 16 30 16 14 7 ,0 9 8 2 3 ,3 9 1 6, 838 2, 808 Agreem ents * Employees covered 128, 128 -------------- R egion Interregional agreements 2 \T/aiAf r n rrl n IN C W V 1 cillVJ. o I V l l U U l C /A f l d U l liC A ll n n f r South A t l a n t i c ---------------------------------------------East South C e n t r a l ------------------------------------W est South C e n t r a l --------------------------------“ 50 10 17 11 36 Outside the United S t a t e s ----------------- 4 AA a i i n t o xVJaJLllxLcL111 P o p 1X1C 1 "f 1 p 1 —— ——— —— — —— — —— — 36, 7, 5, 2, 30, 915 800 828 343 009 265 The regions used in this study include: New England— Connecticut, M aine, Massachusetts, New Hampshire, Rhode Island, and Verm ont; M iddle A tlantic— New Jersey, New York, and Pennsylvania; East North Central— Illinois, Indiana, M ichigan, Ohio, and Wisconsin; W est North Central— Iowa, Kansas, Minnesota, Missouri, Nebraska, North D akota, and South Dakota; South A tla n tic — Delaware, District of Colum bia, Florida, Georgia, Maryland, North Carolina, South Carolina, Virginia, and West Virginia; East South C entral— A la ba m a , Kentucky, Mississippi, and Tennessee; W est South Central— Arkansas, Louisiana, Oklahom a, and T exas; Mount a in~— Arizona, Colorado, Idaho, Montana, New M exico, Nevada, Utah, and W yom ing; and P acific— Alaska, California, H awaii, Oregon, and Washington. 2 Includes 2 agreements negotiated by the Department of Agriculture covering tobacco and m eat inspectors, by the Department of C o m m erce (Saint Lawrence Seaway) covering installations in M ichigan and New York, and 1 by the Railroad Retirem ent Board covering offices throughout the country. Chapter II. Agreement Provisions in Agencies Other Than Post Office This part of the study describes and quotes provisions of Federal agree ments reached under Executive Order 10988 by late summer 1964, except for the Post Office agreement which is discussed separately. These 208 agreements were, in most cases, the result of the first negotiating efforts between the parties. Items included in supplementary or second agreements are accounted for under particular headings, but the characteristics of these supplements are summarized at the end of the chapter. General Policy Statements Virtually all agreements incorporated a statement, usually in the form of a preamble or among the opening paragraphs, setting forth the purpose and function of the collective agreements. The language of these statements was in large measure derived from various sections of the Executive order. For example: The purposes o f this agreement are to: 1. Identify the parties to the agreement and define their respective roles and responsibilities under the agreement. 2. State the policies, procedures, and methods that w ill govern the working relationships between the parties. 3. Indicate the nature o f subject matters of proper mutual concern. 4. Insure em ployee participation in the formulation o f personnel policies and procedures. 5. Provide for the highest degree o f efficiency in the accom plishm ent o f the objectives of the hospital. 6. Promote system atic e m p loyee-m an ag em en t cooperation. sje * (1) i \( . . . it is the intention and purpose o f the parties hereto to promote and improve the efficient ad ministration o f the Federal Service and the w ell being o f journeyman pressmen within the m eaning of Executive Order 1 0988; to establish a basic understanding relative to personnel p olicy, practices, pro cedures, and matters affecting conditions o f em ploym ent; and to provide means for am icable discussion and adjustment of matters o f mutual interest at the Bureau of Engraving and Printing . . . (2) As required by section 7 of the order, the 208 agreements incorporated provisions delineating the rights reserved to management and acknowledged that the contract was subject to all present and future Federal laws, regulations, and policies. The pertinent sections of the order read as follows: (1) In the administration o f all matters covered by the agreem ent officials and employees are governed by the provisions o f any existing or future laws and regulations, including policies set forth in the Federal Personnel Manual and agency regulations, which m ay be applicable, and the agreement shall at all times be applied subject to such laws, regulations and policies; (2) M anagem ent officials of the agency retain the right, in accordance with applicable laws and regulations, (a) to direct em ployees o f the agency, (b) to hire, prom ote, transfer, assign, and retain em ployees in positions within the agency, and to suspend, d em ote, discharge, or take other discipli nary action against em ployees, (c) to relieve employees from duties because o f lack o f work or for other legitim ate reasons, (d) to m aintain the efficien cy o f the Government operations entrusted to them , (e) to determine the m ethods, means and personnel by which such operations are to be con ducted; and (f) to take whatever actions m ay be necessary to carry out the mission of the agency in situations of em ergency. 9 10 In addition, about 4 out of 5 agreements defined the issues which the parties considered appropriate for bargaining, frequently coupled with a listing of those matters which were not subject to bargaining. The latter items were usually those listed in section 6(b) of the order— budget matters, mission of the agency, assignment of personnel, and the technology of performing work. For example: It is agreed that matters appropriate for consultation and negotiation between the parties shall include personnel policies and working conditions including, but not lim ited to, such matters as safety, training, labor-m anagem ent cooperation, em ployee services, methods o f adjusting grievances and appeals, granting leav e, promotion plans, demotion practices, pay regulations, reduction in force practices, and hours o f work which are within the discretion o f the em ployer. It is further agreed that these matters relate to the policy determination in the above areas and not to day to day operations or individual dissatisfactions. No obligation on the part of the employer exists to consult or negotiate with Local 43 7 with respect to such areas of discretion and policy as the mission of the unit, its budget, its organiza tion, and the assignment of its personnel or the technology o f performing its work. The employer w ill, when deem ed appropriate by him , discuss with the union any changes contem plated or foreseen as m ay affect employees in the unit in such matters. Any im plication to the contrary notwithstanding, m anagem ent is not obligated to negotiate on matters for which it does not have the authority to change. (3) General subject areas which are considered appropriate subjects for negotiation under this agreement are: a. b. c. d. e. f. g. h. o f pay, i. j. Work environment. Supervisor— em ployee relations. Work shifts, tours of duty, and leave. Grievance procedures. Promotion procedures. Safety. Training. Employee organization— m anagem ent cooperation, im plem entation o f policies relative to rates wage surveys, and other matters consistent with the merit system principles. Parking control. Employee services. The parties recognize that negotiations are not appropriate and m ay not take place with respect to any matter not within the administrative authority of the hospital director, or which extends to such areas of discretion and policy such as the mission of the station, its budget, organization, assignment o f personnel, or the technology o f performing work. The above restriction is not construed as precluding discussion o f these matters when m utually advantageous to the parties. (4) All agreements contained a recognition clause which by means of in clusions or exclusions defined the categories of employees covered by the agree ment. As required by section 6(b) of the order, the clause frequently also im posed an obligation on the union to represent all employees in the unit regardless of union membership or other factors. Two examples follow: This agreement is applicable to all civilian employees of the unit which consists of: a. b. Department of Graphic Arts andDistribution. 1. Quality Analysis Division. 2. Reproduction Division. 3. Techniques and Testing Division. Department o f Cartography, Manuscript Production Division. 1. Special Drawings Branch. 2. Manuscripts Engraving Branch, Excluded from the unit for purposes o f recognition and representation are m anagem ent officials, profes sional em ployees, supervisors, and employees engaged in personnel work in other than a purely clerical capacity. (5) 11 The employer recognizes that the council is the exclusive representative o f all em ployees in the unit . . . , and the council recognizes its responsibilities o f representing the interests o f all such em ployees (without discrimination and without regard to em ployee organization m em bership) . . . The unit to which the agreement is applicable is composed o f all eligib le em ployees in the ungraded unit. This includes all general wage service em ployees including ungraded inspection service e m ployees, planners and estimators, progressmen, ship schedulers, ship surveyors, and shop planners. Excluded are patternmakers and their apprentices. (6) Various other requirements of the Executive order (and other Federal laws and regulations) were incorporated in a large number of agreements, dealing, in the main, with the right of employees to join or not to join unions, discrimina tion because of race, national origin, creed and color, and no-strike bans. Employees have the right to organize or join or refrain from joining em ployee organizations and to designate representatives for the purpose o f consulting and negotiating with m anagem ent and in proc essing individual grievances. In the exercise o f this right, em ployees and em ployees' representatives shall be free from any and all restraint, interference, coercion, and discrimination. Employee orga nization membership shall not be encouraged or discouraged by any supervisor or m anagem ent o fficia l o f the installation . . . (7) Section 1. No em ployee in the unit, or no one seeking em ploym ent in the unit shall be required as a condition of em ploym ent, transfer, promotion, reassignment, or retention, to join or refrain from joining, any labor organization. Section 2. Employees of the unit shall have, and shall be protected in the exercise o f the right, freely and without fear o f penalty or reprisal, to form , join , and/or assist any em ployee organization or to refrain from any such activity. Section 3 . The employer shall take such action, consistent with law , as m ay be required in order to assure that employees in the unit are appraised o f the rights described in section 1, and to ensure that no interference, restraint, coercion or discrimination is practiced within this activity to encourage or discourage membership in any em ployee organization. Section 4. The union agrees to accept employees as members upon the same basis as all other ap plicants without discrimination as to race, color, creed, or national origin. (8) The council and the em ployer affirm their joint opposition to any discriminatory practices in con nection with em ploym ent, promotion or training, believing that the public interest requires the full utilization o f em ployees' skills and abilities without regard to considerations of race, creed, color, or national origin. (9) > ) < The AFGE Lodge 2250 recognizes that it does not have the right: a. To strike against the Government o f the United States or any agency thereof, or to assist or participate in any such strike, or impose a duty or obligation to conduct, assist or participate in any such strike, or; b. To advocate the overthrow o f the constitutional form o f government in the United States, or; c. To discriminate with regard to the terms or conditions o f membership because o f race, color, creed, or national origin. (4) More than 90 percent of the agreements specified a term of 1 year, subject to automatic renewal for an equal period at the anniversary date. Most of the remaining agreements were for a 2-year term. Notice to terminate was 784-562 0 - 65-3 12 usually required. Four out of five agreements could be reopened at any time to negotiate changes and supplements, if the parties so agreed. This general agreement shall be in full force and effect for 1 year from the effective date hereof and from year to year thereafter unless either party shall give to the other party written notice o f intention to terminate this agreement in its entirety no less than 6 0 days prior to its anniversary date, provided that, after such notice has been given, the parties m ay by agreement extend the contract for any agreed upon period beyond the term ination date. A t any tim e in the life o f this general agreement, either party m ay give the other party written notice o f its desire to effect changes and revisions herein through joint conference. However, no changes in the agreement m ay be put into effect without the written concurrence o f both parties. (10) >>> \ ,< ! t ' < The agreement w ill be subject to renegotiation biannually and any proposed changes must be announced in writing not less than 60 days prior to the renegotiation date. Such notice must be acknowledged by the other party within 10 days o f receipt and a joint conference held within 30 days on the subject o f such notice. If either party finds its interest adversely affected by any provision o f this agreem ent, or finds through experience the necessity o f adding further provisions, it shall serve notice o f intent to negotiate an am endm ent, or to supplement the existing agreem ent. Within 6 0 days o f such notice both parties shall m eet for such purpose . . . Any such amendments or supplements w ill be subject to review on the same date as the basic agreem ent. (11) In about two-thirds of the agreements, the duration clause included a statement of termination should the union no longer qualify for exclusive representation. The agreement w ill also be term inated: (a) By mutual consent o f the parties; (b) A t any tim e it is determined the union is no longer entitled to exclusive recognition under Executive Order 109 8 8 . (12) * > > :< ;< This basic agreement and all supplemental agreements hereto shall terminate in the event exclusive recognition is withdrawn from the A m erican Federation o f Government Em ployees, Lodge No. 4 9 0 . (13) A number of agreements negotiated by the Army and the Department of Agriculture differed from the above in that they specified the proportion of em ployees necessary for a new election or the number the union had to enroll to qualify for continued recognition: After the first year, the union's status as exclusive representative m ay be challenged upon a showing that at least 30 percent o f the em ployees o f the Arm y Pictorial Center desire a new determination, provided that where a negotiated agreement is in force challenges m ay be m ade during the 60 days im m ediately preceding the expiration o f such agreem ent. (14) '!< > * !« R ecognition m ay be term inated on any anniversary date o f recognition follow ing a finding that the Federal T obacco Inspectors Mutual Association has less than 51 percent membership in the unit involved. (15) In about 30 percent of the agreements, the various clauses of the type cited and brief references to joint meetings and union activities comprised the entire or virtually the entire agreement (although not necessarily the agreements identified above). Such arrangements were relatively more frequent in bargain ing units for classified act than for wage board employees, covering agencies and unions unaccustomed to negotiating activities. They thus essentially rep resent a desire to embody exclusive recognition rights into a written agreement. 13 A variety of substantive provisions have been written into Federal agreements, as shown in an analysis of the remaining 70 percent of the contracts, which are described in subsequent sections, although some of these clauses reflect existing regulations of the agencies. Hours of Work and Overtime The provisions described in this section deal with hours of work, over time, shift changes, unforeseen dismissals, and holidays. They were found, generally, in contracts applying to wage board employees, with a particularly heavy incidence in various Department of Defense agreements. This is not sur prising since work schedules are more likely to vary in industrial activities than in offices. Daily and Weekly Hours. Work schedules appeared in more than 30 per cent of the 208 contracts and, as a rule, were set forth in general terms, as the following illustrations indicate: The basic workweek w ill consist o f five 8-hour days, normally Monday through Friday except for em ployees who are assigned other basic workweeks deem ed necessary by the employer to carry out the mission o f the activity . . . (16) * The normal basic tour o f duty for this installation w ill consist o f 5 consecutive 8 - hour days, 0 8 0 0 to 163 0 horn’s, Monday through Friday, less 30 minutes for lunch period each day. A period o f 7 con secutive days beginning at 0001 hours on Sunday and ending at 240 0 hours the follow ing Saturday con stitutes an administrative workweek. Tours o f duty w ill em ployees. cover a m inim um o f 40 hours per administrative workweek for all fu ll-tim e Wherever possible the basic 40-hour workweek w ill be scheduled over 5 days, Monday through Friday so that the 2 days outside the basic workweek w ill be consecutive. As a m inim um , 1 regular day off— preferably Sunday— w ill be provided. (17) Virtually all of the agreements which specified work schedules also in* corporated overtime provisions. In addition to stipulating the premium rate for work, the clauses frequently also set forth the reasons for which an employee could refuse overtime work and the order in which assignments were to be made. Overtim e pay for graded and ungraded em ployees shall be com puted in accordance with applicable regulations. It is understood that each em ployee who is assigned to necessary overtim e work should consider such assignment as paramount to his personal convenience. Overtim e work assignments shall be distributed as fairly as practicable am ong qualified em ployees. It is agreed and understood that the assignment of overtim e work is a function o f m anagem ent. In assigning overtim e work, the employer w ill normally take into consideration em p loyee's skill, ab ility, attendance record, and the expressed desires o f employees to the extent practicable. Super visors shall not assign overtim e work to em ployees as a reward or penalty, but solely in accordance with the em ployer's needs. Employees assigned to overtim e work w ill be given as much advance notice o f such assignment as possible. Necessary pertinent information concerning overtim e hours worked w ill be provided to employees and/or council stewards to aid in resolving specific complaints concerning overtim e distribution. (9) * * * 14 Overtime assignments shall be distributed fairly and equally to all em ployees in the particular job rating in the assigned branch. Upon approval o f this agreem ent, seniority (service computation date) lists w ill be established; these lists shall constitute rosters for the purpose o f overtim e assignment, and the most senior on the list shall be the first to be offered overtim e duty. He m ay refuse overtim e provided he goes to the bottom o f the list. The most junior on the list w ill be the first for involuntary selection if all employees in the particular job rating inthe assigned branch refuse overtim e assignment. Overtime assignments m ay be reviewed on request o f the union on a m onthly basis. If any in equalities are discovered, the employer w ill attempt to correct them during the ensuing month. Pay for overtim e work shall be in accordance with applicable laws and regulations. It normally w ill be one and o n e -h a lf tim es the basic pay for all hours worked over 8 in any day and 40 in any basic workweek. In situations o f national emergency and act o f such duties as m ay be required regardless of m ay refuse to work overtim e for valid reasons he goes to the bottom o f the list for overtim e God, all em ployees are expected to work and perform tim e or the provisions o f this agreement. An em ployee such as sickness and fam ily com m itm ents, provided that consideration, and that the national interests are m et. Classification A c t em ployees grade 9 and below and wage board em ployees m ay not be required to take compensatory tim e for overtim e worked. (18) > !< >< \ No em ployee shall be laid o ff during any regular shift hours in his basic workweek in order to com pensate or offset overtim e hours worked outside o f his regular shift or basic workweek. Employees who are required to work overtim e in excess o f 4 hours in their work shift shall be given a lunch period in accordance with applicable rules and regulations. A ll hours o f work in excess o f the 8 hours in the em p loyee's regular work shift or in excess o f the 4 0 hours in his basic workweek shall be paid for at not less than tim e and o n e -h a lf the em ployee's hourly rate. Employees requested to work 2 or 3 continuous shifts within a 24-hour period w ill be paid at the overtim e rate for all tim e in excess o f 8 hours. (19) A few agreements granted overtime compensation for work performed on Saturday, Sunday (or the 6th and 7th day of the workweek), and for work outside of regularly scheduled hours: A ll hours o f work performed on Saturday or Sunday (or days corresponding to Saturday and Sunday) . . . shall be paid for at the appropriate overtim e rate. (20) * * * Overtim e shall be paid for work performed in excess o f 8 hours per day, for work performed after 1700 and before 0 8 0 0 , Monday through Friday, and for work performed on Saturdays, Sundays, and holidays. (21) . . . It is further understood that if an em ployee is directed by the em ployer to report at a desig nated location at a specified tim e prior to the scheduled start o f his shift, such tim e w ill be con sidered compensable in accordance with applicable pay regulations. (9) About 15 percent of the agreements provided for "callback pay" guar antees, which apply when management requests employees to report outside of regularly scheduled hours, or on an offday, or after they have completed their regular day’ s work and have left the place of employment. Callbacks were to be paid for at premium rates, usually for a minimum of 2 hours. Any em ployee who is "c a lle d b a c k " to perform unscheduled overtim e work either on a regular work day after he has com pleted his regular schedule o f work and left the bureau or on a day outside his basic workweek, w ill be paid a m inim um o f 2 hours of pay at the overtim e rate even if his services cannot be utilized after he reports to work. (22) » > * !« ;« 15 Employees called in on em ergencies occurring outside their regular work hours shall be granted 2 hours m inim um pay at the applicable established overtim e rate. (23) * * > !< W hen watches are broken and licensed engine officers are called back or called out between 1700 and 0 8 0 0 , Monday through Friday, for the purpose of taking on fuel, shifting ship, or making repairs, they shall be paid a m inim um of 2 hours overtim e for each c all. If they are called back or called out to perform such work at any tim e on Saturdays, Sundays, and holidays they shall be paid a m in i m um of 4 hours overtim e for each c a ll. The m inim um allowances in this provision shall not apply when the ship performs lighterage, towage, or shuttle service within the harbor lim its of a port . . . (21) In a few agreements, the amount of the minimum guarantee differed, depending on whether the employee was called back during or outside his regu lar workweek. If necessary to utilize an em ployee outside of his basic workweek the employer agrees to schedule at least 4 hours of work for which the em ployee w ill receive pay at the applicable overtim e rate. A n em ployee w ill be paid a m inim um o f 2 hours' pay at the applicable overtim e rate if he is called back on unscheduled overtime work within his basic workweek. (24) Approximately the same proportion of agreements assured employees a full day's pay if, after reporting to work, they were dismissed for reasons be yond their control, such as power or machinery breakdowns, fire, inclement weather, or other emergencies. The term "administrative leave" means leave paid for by the employer and not charged to the employee. In the granting of administrative excused leave because of inclem ent weather, breakdown of equipment or other administrative reasons, all employees affected who are scheduled to work or who report for work and whose services are not specifically required during such situations shall be given administrative excused leave for that portion of the work shift for which excused. (20) * * * W hen an em ployee in a duty status is relieved from duty by the employer during his regular shift hours for reasons other than misconduct or physical inability to perform his duties, such as interruption or suspension of operations, inclem ent weather, breakdown of equipment, or other emergencies or Acts of God, he shall be excused for the balance of the workday without loss of pay or charge to le a v e , unless assigned by the employer to other work. (25) * > !' * W hen administrative excused leave is granted due to inclem ent weather or other natural phenomena, all e ligib le em ployees shall be entitled to be excused for the period of tim e authorized, except for those em ployees as designated by the unit head to which the early dismissal and off duty closing provisions do not apply. (24) In the provision cited below, employees were assured 4 hours1 pay (or work) for reporting on schedule, but 8 hours* pay if they worked more than 4 hours. W hen an em ployee is relieved from duty by the employer during the first 4 hours of his regularly scheduled 8-hour day, due to unscheduled interruption or suspension of operations, he shall be carried on administrative leave for the balance of the 4 hours unless he is in the category such as temporary em ployees not eligib le for administrative leave per CPR. If the em ployee is relieved by the em ployer, due to interruption or suspension of operations, after having been on duty more than 4 hours in his work day, he shall be carried on administrative leave for the balance of the shift unless not e lig ib le . (26) Although management retained the right to change scheduled working hours, about one-fourth of the agreements required notice to, or consultation with, the union before such changes were made. Where a specific notice period was indicated, it ranged from 90 days to 24 hours, although most required 16 3 days. In some cases, a schedule once established had to remain in effect for a designated period. Mention was frequently made that notice requirements were not to apply in emergency situations. Virtually all of the notice provisions were in contracts for employees in wage board or mixed units, predominantly in Navy installations. Hours of work for each regular work shift are promulgated by the employer and any changes thereto w ill be discussed in advance with the council. (27) * * Pursuant to NCPI /TRavy C ivilian Personnel Instruction^ 610, em p loyees'w ork schedules shall be m ain tained as stable as practicable and employees w ill be given advance notice of change in their work schedules in order that they m ay make such advance plans for use of their nonworktime as they m ay desire. (28) * * * Whenever a change in the workdays or workweeks currently in effect is contem plated involving a m ajority o f the em ployees in an affected area of work, the employer agrees that he w ill consult with the employees concerned and the em ployee organization, prior to making such change. If a change is m ade, except in em ergencies, 3 days' advance notice w ill be given the affected em ployees. (29) * * * W hen a tw o-shift operation is scheduled, at least 48 hours notice (unless em ergency conditions exist necessitating deviation) w ill be given to the affected em ployee . . . No second or third shift w ill normally be established for any period of less than 2 full weeks unless em ergency conditions exist necessitating deviation. (30) Under the terms of a few agreements, failure to observe the notice pe riod permitted the employee to claim work on two shifts, as follows: Changes in work schedules shall be posted 96 hours in advance. If an em p loyee's schedule is changed so that he is required to begin work on a revised schedule with less than 96 hours' notice in advance of the new starting tim e , the em ployee m ay claim the right to work both the previously scheduled shift and the revised scheduled shift on his first rescheduled duty day only. If any part o f these shifts runs concurrently, he w ill be paid for one shift only during the concurrent period. "Jacking" schedules w ill not be permitted to avoid payment of overtim e. (31) A relatively small number of Federal activities require second or third shift operations, and hence compensation for such work was found in only 25 agreements. About half (13) were in Navy installations, and the remainder in other agencies. The amount of the shift differential was rarely specified; rather, it was to be determined by area wage surveys (see p. 28, ff. ). A ll em ployees working during the hours of the second and third shift shall receive a premium which is determined in accordance with the A rm y -A ir Force W age Board Schedule and C iv il Service policy and procedures for shift differentials. (26) * * # A ll em ployees working on second and third shift assignments shall receive the applicable shift d if ferential determined in accordance with NCPI 6 1 0 . 5 - 2 . (24) * ae * f l Employees regularly assigned to a second or third shift w ill receive the applicable shift differential, as determined by the agency's pay policies and procedures. The currently authorized differential applicable to both such shifts is 10 percent of the appropriate basic hourly rate. (25) * e 17 Employees subject to this agreement who are assigned to regular scheduled tour o f duty at night shall be paid a differential of $ 0 .1 2 additional per hour for work on shift number 1 (12 midnight to 8 a. m . ) and a differential of $ 0 . 08 additional per hour for work on shift number 3 (4 p. m . to 12 m idnight). (32) Holiday Pay. One in every five agreements contained references to holidays or work on holidays. Frequently, the clause simply affirmed existing policies regarding observances and pay practices. It is further agreed that legal national holidays w ill normally be observed as provided by law and pay for service, if required, w ill be consistent with law and existing regulations. (33) * Eligible em ployees shall be entitled to regulation and Air Force policy. * observe * all holidays in accordance with applicable law, Holidays falling on an em ployee's nonworkday w ill be observed on the preceding or succeeding day, as prescribed by current regulations. Eligible em ployees shall receive the same rate of pay for not working on holidays as for other days during which an ordinary day's work is performed. Employees working on a holiday shall be paid overtim e, holiday pay, and shift differential in accordance with applicable regulations. The employer agrees that em ployees shall not be required to perform work on days designated as holidays by statute or Executive order except when operating needs require. (34) A number of Army and Navy agreements specified different rates of pay for work on holidays falling during or outside an employee's workweek. W hen no work is performed on the holiday, an em ployee w ill receive his regular rate of pay in effect for that day. If the holiday falls within the regularly scheduled workweek and work is per form ed, he w ill be paid holiday premium pay. H oliday prem ium pay is tw ice the regular basic rate and is applied in lieu of regular basic compensation for the hours worked. If the work is per form ed on a holiday, but outside the regularly scheduled 40-hour tour of duty, compensation w ill be at standard overtim e rates. (35) In two other agreements, an employee forfeited holiday pay— . . . if he fails to report for work on the holiday when ordered to do so unless the absence is e x cused on the basis of warranted circumstances. (36) Working Conditions The subjects discussed under this heading cover rest periods, washup and/or cleanup time, and provisions for work clothing or protective equipment. A variety of other working conditions, such as safety matters, training, con tracting out, and so on are described separately. Rest Periods. Provisions for rest periods were found in only nine agree ments, five of which were negotiated by the Army. All agreements applied to either mixed units or to wage board employees. The clauses, as a rule, specified the number and scheduling of rest periods and their duration (10—15 minutes). A few also referred to the revocation of such privileges in case of abuse. Each em ployee is entitled to a 15-minute rest period during the first and during the second half of his work shift. (30) * * 18 Each em ployee shall normally be granted a 10-m inute rest period during each 4 hours of continuous duty. Rest periods m ay not under any circumstances be continuations of the lunch period, and they m ay not be granted im m ediately after the beginning of the workday or im m ed iately prior to quitting tim e— nor shall they be accum ulated. (1) * * * F u ll-tim e em ployees normally m ay be given a 10-m inute rest period during each on e-h a lf work shift of each day. Supervisors w ill make every effort to plan work so as to permit such rest periods. Employees who are unable to take a rest break due to work conditions or by personal choice m ay not lengthen lunch periods, other rest periods, start work later, or end a tour of duty earlier due to having missed a rest period. Any em ployee or group of em ployees who abuse the rest period p olicy m ay lose the privilege. (37) Washup and/or Cleanup Provisions. Provisions dealing with washup and/or cleanup time and related preparatory activities before lunch or the end of the workday were found in 37 agreements for six Federal agencies, but Z out of 3 covered naval facilities. With one exception, the employees were in mixed or wage board units. While some agreements referred to only one of the allowances, several may have been intended to apply to both. The time allowed was frequently ex pressed as "reasonable” or "adequate. " Adequate tim e, as determined by the em ployer, w ill be provided to em ployees as a part of their work assignments, where necessary, to enable them , for personal hygiene, to rem ove toxic or hazardous substances and/or to draw, turn in or put away tools, Government property and equipment in their possession. (38) sje >;< >|c The employer w ill allow em ployees reasonable cleanup tim e prior to the end of each shift for the purpose of returning tools, cleaning up work areas and m achinery, and personal hygiene. (29) * * * It is agreed by the employer that reasonable tim e prior to the lunch period and at the end of the workday w ill be permitted for cleanup purposes. No em ployee w ill be required to rem ain beyond the end of the workday for this purpose. Reasonable tim e cannot be sp ecifically defined to m eet all situations, but w ill be set by the supervisor as the needs of the situation demands. (39) Special Clothing. Provisions for special clothing and/or equipment to be furnished by the employer were included in 10 agreements. Two agreements referred to maintenance and were not clear as to who was to provide the items designated. The em ployer agrees to bear the full expense for all special clothing and/or equipment that e m ployees m ay be required to use in connection with their assigned work. It is understood that safety shoes must be obtained at the em p loyee’ s expense. (9) * It is m utually understood that em ployees who normally work outside and those who ordinarily handle m aterial which could cause hand injuries are expected to dress appropriately for their jobs. However, in the interest of safety and to provide for unusual circumstances, the employer w ill m aintain six rain suits in the m aterial department, six rain suits in the fuel department, and a pool of work gloves. These articles w ill be issued to em ployees on a temporary basis in exchange for signed receipts. (40) >!« sjc s]c Except for cooks’ caps, chef hats, aprons, jackets, and white fly-fron t trousers for steward's personnel and arm bands for watchm en, MSTS w ill not launder, dryclean, or otherwise m aintain any items of uniform clothing. (41) 19 Work by Supervisors Under the terms of 19 agreements, supervisors were prohibited from doing work normally performed by members of the bargaining unit, except in emergency situations and under other specified circumstances. In a few instances, this ban also encompassed military personnel and employees outside of the bar gaining unit. Clauses of this type were in effect in agreements negotiated by three agencies, with Navy accounting for 13. The employer agrees that, as a matter of general practice, supervisors (leadingm en and above) shall not be assigned to perform the duties as outlined in jo b descriptions of unit em ployees except when instructing or training em ployees, or in cases of emergencies, or when unforeseen production or schedule difficulties dictate such assignments. (42) * > > ;< ;< Section 1. Supervisory em ployees shall be permitted to perform work on any job covered agreement but only in the following types of situations: by this (a) In emergencies when regular em ployees are not im m ed iately availab le. (b) In instruction and training of em ployees. (c) In the performance of work in a skill le v e l that is not im m ed iately obtainable from among the regular em ployees. (d) In the performance of necessary work when production difficulties are encountered on the jo b . Section 2. Provisions of section 1 of this provision shall not allow in any way a supervisor or e m ployee not covered by this agreement to deprive an em ployee covered by this agreement of his or her em ploym ent or prevent an em ployee from working overtim e. (43) -!< * '!< The employer agrees that work regularly and historically assigned to and performed by bargaining unit em ployees covered by this agreem ent, w ill not be assigned to m ilitary personnel or to public works center employees excluded from the bargaining unit. (16) Subcontracting Provisions for contracting out of work, included in nine wage board and mixed unit agreements, required notice to or consultation with the union before such actions were taken. It is agreed and understood that when the work regularly and historically assigned to and performed by em ployees under this agreement is assigned to another agency or to private employers or m ilitary personnel, the employer w ill make every effort to give as much advance notice as possible to affected em ployees and to the union. . . . (34) In most cases, however, notice was only required where contracting out of work would displace workers in the bargaining unit. Whenever the em ployer proposes to contract out work normally performed by em ployees of the station to the extent that such contracting out of work m ay result in a reduction or realignment of personnel, the union w ill be advised. (44) > !< Employer agrees to notify the union in advance of all contracting actions which have a tendency to displace career em ployees. Employer further agrees to m inim ize displacem ent action through realignm ent, retraining, restricting in-hires, and to exert any other action necessary to retain career em ployees. 784-562 0 - 65-4 (17) 20 Other agreements placed a restriction on the employer in that work could only be farmed out if it was more economical to do so, or if it could not be done locally. In such cases, presumably, the union could ask the employer to justify his actions. Also, the parties agreed to discuss previous subcontracts, perhaps to see if in the future such work could be assigned to workers in the bargaining unit. It w ill be the policy of the employer that work norm ally performed by em ployees in the unit w ill not be contracted out unless beyond the capacity or capability of the unit em ployees to perform or if econom ic considerations dictate that such work be performed outside the unit. The employer agrees that, upon request, he w ill consult with the union concerning work that has been previously performed outside the unit. (45) Safety Matters Safety provisions were, at times, expressed in general policy statements, pledging the parties to comply with all safety regulations, but more frequently the agreement called for the establishment of a joint safety committee. In some contracts, the union was to be notified of all accidents. Regulations to govern work under hazardous conditions were specifically dealt with in several agree ments. The various safety provisions were found in about one-third of the con tracts studied, virtually all for employees in wage board or mixed units. Policy Statements. In about 5 percent of the agreements, all but one of the group covering employees engaged in printing or other reproduction op erations, the only reference to safety matters was usually a general statement pledging compliance with pertinent laws and regulations. The com m ission w ill endeavor to com ply with applicable laws and regulations relating to the safety and health of em ployees and w ill take additional steps as m ay be necessary to make adequate pro visions therefor. Employees shall com ply with the safety rules of the * * com m ission. (46) > !< The board w ill take appropriate steps to provide a safe and healthful working environment and w ill pay the cost of such m edical examinations as m ay be required by it. Employees w ill com ply with all safety rules and regulations. (47) * » * !< The employer w ill make every reasonable effort to provide and maintain safe working conditions and to com ply with applicable Federal, State, and lo ca l laws and regulations relating to the safety and health of em ployees. Each supervisor w ill take prompt and appropriate action to correct any unsafe condition or action which is reported to or observed by him . The union recognizes that observing safe work practices and wearing prescribed protective equipment is primarily the responsibility of each em ployee. So that safe working conditions m ay be m aintained, the union agrees to encourage all em ployees to observe safe work practices and wear protective equip ment prescribed by the employer while performing assignments, and to promptly correct or report to the appropriate supervisor any unsafe conditions or acts. (48) Safety Committee< About 3 out of 10 agreements either established a , joint safety committee, permitted employee representation on existing safety com mittees, or provided for other types of labor-management meetings at which safety problems would be discussed. Three-fourths of these provisions were in agreements negotiated by Department of Defense agencies. 21 Employee representation was determined in 1 of Z ways: (1) The em ployer designated a specified number of employees selected by the union, or (2) the designation was the sole responsibility of the union. The com m anding officer's A ccident Prevention Advisory Board shall have one member appointed by the employer from among members of the unit. The union w ill submit to the employer for his consideration the names of three employees recom m ended for appointment to the board. The e m ployer agrees to accept one o f these names for appointment. The com m ittee shall m eet during regular day shift hours with no loss of pay or leave to the com m ittee m em ber appointed from the unit. (8) * * * The National C apital R egional O ffice and Local 1632 agree to form a joint com m ittee which shall be known as the Painters Safety C om m ittee with a membership of four members, two to be appointed by Local 1632 and two by the National C apital R egional O ffic e. This com m ittee shall m eet monthly or as often as m ay be decided by the com m ittee for the purpose of promoting m axim um efficiency with safety. (49) Other clauses permitted the union to have representation on existing safety bodies or provided for consultations with designated management representatives. The agency and the em ployee organization agree that one m em ber of the em ployee organization to be chosen by the em ployee organization w ill be an active member of the Installation Safety C ouncil. (50) * * * The council m ay designate an em ployee in the unit to serve as the council's representative on the Supervisors' Safety C o m m ittee, and on the Steering C om m ittee which develops the agenda for its m eetings. (9) * * * The employer agrees that the council m ay designate an em ployee representative to m eet with the safety officer without loss of pay or leave at scheduled intervals to consider safety problems and to make recom mendations to the employer. (20) Many of th^ agreements stipulated that safety meetings would be held during regular working hours and/or that employees attending such meetings would suffer no loss of pay or leave. . . . The com m ittee shall m eet monthly to consider safety problems and to made recommendations to the chief, aircraft services base. Meetings shall be held without loss of pay or charges to leave of com m ittee m em bers. (51) A few agreements set a time limit for employee representatives serving on safety committees. The union m ay have representation on the follow ing com m ittees: a. b. Shop safety com m ittees— one m em ber on each. Safety policy com m ittee— one m em ber. . . . For each union membership on the above boards and com m ittees, the union shall furnish the names of at least three em ployees, one of whom w ill be selected by the employer to serve one term . No union representative shall serve on the sam e board or com m ittee for more than one consecutive term . (44) Only a few agreements touched on the operations and procedures of committees. In matters dealing with safety, fire prevention, and c ivil defense, the union shall be given repre sentation on a com m ittee organized for the purpose of safeguarding the em ployees' interest in these areas. The chairman of this com m ittee shall be appointed by the safety officer. The com m ittee should m eet at least once a month and submit a written report over the signature of the chairman to the chief of the Payment Center, with a copy to the president of the union. (52) * * * 22 The corporation w ill be responsible for the creation of a safety com m ittee who shall hear complaints with respect to safety problems and maintain an active interest in all aspects of safety, the reduction of accidents and the elim ination of safety hazards. The safety com m ittee w ill comprise the assistant administrative officer, who shall be chairman, one representative from the Operations, M aintenance, and Marine Divisions respectively, and a representative from the union. The com m ittee m ay make reports and recom mendations, as it sees fit, to the administrative officer on any matter of which it m ay take cognizance. (31) Accident Reports. A small number of agreements, about 10 percent, required notification to the union of accidents which involved members of the bar gaining unit. In a few cases, the union had the right to request copies of accident reports. All except two of the agreements with such clauses covered employees in Navy and Army facilities. The safety office w ill notify a designated m em ber of the council of accidents involving serious injury as soon as the extent of the injury is known. In addition, a copy of injury report Navexos 110 /E x e cu tive O ffice of the Secretary of the N a v y /, available quarterly, w ill be forwarded to the council. (24) afle aje % The safety officer w ill furnish the union a copy of the monthly summary of accident experience. '!< A copy of accident reports involving officials upon request. (31) >!< (26) * em ployees who are union members shall be furnished union Work Under Hazardous Conditions. A number of the foregoing agreements extended the scope of the safety clause by stipulating that employees would not be required to work under conditions detrimental to their health and safety. No em ployee shall be required to perform repair work, on or about m oving or operating machines; nor shall any em ployee be required to work in areas where conditions exist detrimental to health without the proper personnel protective equipment and other proper safety devices. (20) * > * ;< No em ployee shall be required to work in areas where unsafe conditions exist. Safety officers des ignated by the FAA shall decide whether or not unsafe conditions exist. Nothing in this section shall be applied or interpreted so as to require a condition, activity, or area to be declared unsafe based upon the personal state of health or disabilities of an individual em p loyee. (51) A few agreements provided for an adequate number of workmen in certain areas or jobs: Whenever a plate printer has to work alone in a plate printing section, must be in the room at all tim es. a second bureau em ployee (22) Sj< * No em ployee shall be required to work in tanks, mud drums, steam drums, or sim ilar closed spaces without a standby co-w orker at access to the area to insure that access is not closed and that the man working in such spaces can have help if required. (38) Disabled Employees. Two agreements referred to the placement of handi capped employees. Both noted that in these cases retraining may be necessary. The coordinator for em ploym ent of the handicapped shall maintain a continuing program for p la ce m ent of handicapped em ployees who can perform needed work within their capacity, and who cannot be utilized in their parent shops or departments. It is recognized that in some cases of this type a brief period of job indoctrination m ay be required. (9) 23 Leave Policies Although leave policies are regulations, more than one-fourth of with various aspects of annual leave ments, and about one-fifth contained set forth in considerable detail in Federal the agreements included provisions dealing (vacations), primarily scheduling arrange rules governing sick leave. Annual Leave. A few agreements stressed the desirability of a vacation period each year and urged employees to avail themselves of this right. Liberal leave provisions have been m ade for all Federal em ployees. The purpose of annual leave (vacation tim e) is to insure that all em ployees have an opportunity to rest and relax. Therefore, it is agency policy that all em ployees w ill be encouraged to use 2 consecutive weeks for vacation purposes each year . . . (37) Most agreements, however, focused on resolving various scheduling problems, particularly the following: Requesting of leave, establishing of sched ules, resolving conflicts in dates, and scheduling of leave to meet work or emer gency requirements. Earned annual leave shall be granted to every em ployee for the period requested by the em ployee except under written certification by said em ployee's im m ediate supervisor that annual leave by such em ployee for the period requested would result in serious impairment to the district o ffic e 's function, setting forth the reasons thereof. The notice to the em ployee shall state the next nearest tim e in which said em ployee m ay take the requested leave without serious impairment of office function. Where practical, every em ployee shall request annual leave o f more than 2 days at least 2 weeks in advance o f the anticipated leave period and when the anticipated leave period shall be for more than 5 working days, when practical, the request shall be submitted 30 days in advance of the re quested leave. When practical, leave w ill be approved or disapproved within 48 hours o f the request. (53) '!< '!' * The employer w ill schedule annual leave for vacation purposes for each eligible em ployee for the year. The em ployee w ill make every effort to adhere to the schedule. In establishing a leave schedule the employer w ill consult with each em p loyee. Full consideration w ill be given each e m ployee's preferred vacation period. W hen it is necessary to restrict the number of employees granted leave during a particular period, due consideration w ill be given to such factors as operating needs, s k ills a v a ila b ility , a n d s e n io r ity , based on elapsed tim e since the em p loyee's return from le a v e . Where all other factors are judged to be substantially equal, the em ployee with greatest seniority w ill be given preference for the desired vacation period. (34) s $ fc > !< Section 1. Employees shall be given an opportunity to use a ll annual leave accrued during the year. Approval of an em ployee's request for annual leave w ill be granted when he has given his supervisor reasonable notice to permit arrangements to be made for the staffing necessary to m eet the work re quirements of the operation. In the event the em p loyee's request is for a day or days for which more requests have been received than can be approved consistent with the work requirements, approvals w ill be granted on the basis of the earliest requests received. Section 2. The granting of summer and Christmas leave shall be determined by a drawing in each plate printing section after em ployees in the unit have submitted in writing, their first and second choice of dates that they desire, after appropriate period of tim e has elapsed since posting of notice. Such drawings shall be conducted by supervisor and union representatives in each plate printing section. Every reasonable effort w ill be made to adhere to leave scheduled in accordance with section 1 and section 2. If, however, the employer cannot avoid cancelling previously approved leave because of the program needs of the bureau, the reasons for such actions w ill be explained to the affected e m ployee or em ployees at the earliest possible tim e , and every effort w ill be made to reschedule leave for such em ployees at another tim e most nearly suitable to their preference. (22) 24 The following clause, in addition to covering various scheduling arrange ments in considerable detail, also discusses the treatment of employees without vacation credits during a temporary plant shutdown. When annual leave is requested in advance, approval w ill be based upon the needs o f the activity. Employees are encouraged to schedule annual leave in advance which w ill m inim ize work interruption by large numbers o f em ployees taking leave at the same tim e . . . If for any reason the employer schedules a shutdown o f the Naval Air Station, . . . every effort w ill be m ade to provide work for em ployees not having annual leave to their credit. If work cannot be provided to such em ployees, the employer agrees to advance annual leave to such em ployees holding permanent status to cover the period o f shutdown operation not to exceed the amount o f leave the em ployee would earn during the remainder o f the leave year. As requested by individual em ployees, the em ployer agrees to schedule approved annual leave for vacation purposes o f not less than 2 weeks' continuous duration on the basis o f seniority (based on service computation date) and job ratings in each shop and/or office . Only the first such 2 -w ee k period o f annual leave taken by the em ployee during the current leave year w ill be granted on a priority basis. Seniority list shall be com piled for such purposes and each em ployee in the order o f seniority shall select his vacation period o f not less than 2 weeks' duration. Once an em ployee has m ade his selection, he shall not be perm itted to change his selection thereby disturbing the choice o f another em ployee. The em ployee's supervisor m ay approve a change in selection pro vided another em ployee's choice is not disturbed. Priority for annual leave (for a 2 -w ee k period) based on seniority w ill be recognized only when written request is submitted at least 6 0 calendar days prior to the beginning of the leave. If for any reason the request cannot be granted, the em ployee w ill be so notified at least 45 calendar days prior to effective date. Thereafter, the em ployer w ill not cancel the leave except in emergency situations, and the em ployee w ill be required to take the leave as scheduled unless m odification or cancellation is agreeable to the em ployer. (20) Safeguards against loss of leave were included in a few agreements. Thus, leave was to be scheduled in such a way as to prevent forfeiture, or the employee was to be notified of the amount credited to him. Supervisors shall be responsible for scheduling and granting annual leave on an equitable basis with due regard for the staffing needs o f the service and the w elfare o f em ployees. Care shall be ex ercised to assure that no em ployee is required to forfeit any part o f his annual leav e. (54) * * * Granting o f annual leave shall not be restricted to the extent that an em ployee forfeits earned leave because o f the restrictions on the amount o f annual leave which m ay be carried forward to the next leave year. Employees shall be notified at least four tim es during the leave year the amount o f leave that must be used to avoid forfeiting leav e. (8) Sick Leave. Clauses relating to sick leave were of two general types. One, not very frequent, stated directly that agency and Civil Service Commission regulations would be observed. More often, however, clauses dealt with several of the following aspects of sick leave policy: Reporting of absences, situations in which medical certification would or would not be required, advancement of leave, as well as efforts to eliminate abuse of leave. Permanent em ployees with regular tours o f duty shall earn sick leave in accordance with applicable laws and regulations. N otification o f absence on account o f sickness shall be given as soon as possible, usually within the first hour o f the work shift. Unused sick leave shall be accum ulated and available for future use in accordance with applicable laws and regulations. (33) * * s je 25 Employees shall earn sick leave in accordance with applicable Federal laws and regulations. ment for sick leave taken shall be at the base rate of pay. Pay Notification of absence on account of sickness shall be given as soon as possible on the first day of absence. If such notification is not made such absence m ay be regarded as absence without leave and charged to leave without pay. A n em ployee found to have abused the sick leave privilege, including misrepresentation or falsification, shall be subject to disciplinary action. Unused sick leave shall be accum ulated and available for future use in accordance with applicable laws and regulations. (55) * * * Employees shall earn sick leave in accordance with applicable statutes. Approval of sick leave shall be granted to em ployees when they are incapacitated for the performance of their duties, and when they have given notice within 2 hours after the start of the work shift, or later if a reasonable e x cuse is given to their im m ediate supervisor or some one who is delegated to receive such a report. Sick leave shall be approved in advance for visits to doctors, dentists, practitioners, opticians, and for the purpose of securing diagnostic examinations and X -ra y s. A n appropriate certificate must be' submitted to cover such absence approved in advance. Employees shall not be required to furnish a d octors certificate to substantiate request for approval of sick leave of 3 days continuous duration or less; except in cases where the em ployer has given officia l written notice to an em ployee that he has an unsatisfactory sick leave record and must fur nish a doctor’ s certificate for each absence from work which is claim ed as sick le a v e . The union recognizes the importance of sick leave and the obligation of the em p loyee, as w ell as the advantage to him , to utilize it only when incapacitated for the performance of duty by sickness, injury, or other valid reasons. T he union, therefore, agrees to support the employer in efforts to elim inate unwarranted or improper use of sick le a v e . Employees who, because of illness, are released from duty, shall not be required to furnish a m edical certificate to substantiate sick leave for the day released from duty. Such release by the m edical office shall constitute the equivalent of the required notice to the employer in the event the e m ployee is unable to return to work on the follow ing day or days. A d octors certificate w ill be re quired, however, for absence in excess of 3 full days in addition to the day on which the em ployee was sent hom e. Unearned sick leave shall be advanced to an em ployee with career or career-conditional status not exceeding a total of 30 days on request for advancement of such unearned sick le av e ; provided, there is reasonable reason to b elieve that the em ployee w ill return to work. Provided further, that the em p loyee’ s annual leave w ill be prorated until all sick leave is repaid; that such advanced sick leave approval m ay be lim ited to increments of 5 days; that certification w ill be provided by the em ployee from his physician as to the nature and seriousness of the illness and the probable date of return to duty, and that the absence from duty must be for a period of five or more consecutive workdays. Advanced sick leave w ill not be granted when it is not warranted. (22) Civic Duties Approximately 15 percent of the agreements contained clauses dealing with jury duty and leave for voting, and slightly less than 5 percent discussed charity drives among installation employees. As a rule, these agreements ap plied to workers in wage board units, frequently in Army and Navy installations. Jury Duty. While all jury duty provisions made reference to present regu lations on this subject, a number went into considerable detail on such adminis trative matters as proof of service, compensation, and availability for work assignments. In the event an em ployee performs jury duty or is required by law to qualify for jury duty, he w ill be paid his regular rate of pay for the tim e necessary for absence from this work, in accordance with the applicable statutes and regulations, and provided further that all eligib ility and other requirements, including disposition of court fees paid, have been fully com plied with by the em p loyee. Service of an em ployee on jury duty . on premium paydays. (27) . . w ill not preclude his consideration for assignment to work * * * 26 In the event an em ployee is subpoenaed for jury duty or witness for the Federal Government, the e m ployer w ill pay him at his basic rate for the tim e (not to exceed 8 hours per day) necessarily lost from his normal work schedule for such purposes. The fee received by the em ployee w ill be delivered to the disbursing officer. The em ployee w ill not be paid a fee for Federal jury service or as a Govern ment witness in Federal Court except periods of nonduty tim e . If an em ployee is subpoenaed for jury or witness service, he shall promptly notify his supervisor in order that arrangements m ay be m ade for his absence from the activity. T he em ployee w ill present to the employer a signed jury service evidence of the tim e served on such duties. (26) certification or other satisfactory Voting Leave. Leave for registration and/or voting were similar in scope to those cited below. Employees scheduled to work on any election day who are eligib le to vote in such election shall be granted tim e for voting in accordance with applicable regulations, (35) * * * Excused absence w ill be given em ployees to vote in national, State, and lo c a l m unicipal elections or referendums. In this connection, an em ployee living within the normal com m uting distance of 3 5 -4 0 m iles w ill be given absence as necessary to vote, without charge to le a v e , which w ill per m it him to report for work 3 hours after the polls open or leave work 3 hours before the polls close, whichever requires the lesser amount of tim e off. If the e m p loyee’ s voting place is beyond normal com m uting distance of 3 5 -4 0 m iles and absentee b allot is not perm itted, he m ay be granted sufficient tim e off to vote. A llow able tim e w ill be computed at the rate of 1 hour excused absence for each 30 m iles in excess of normal com muting distance so as to allow the em ployee to be at the polls up to 2 hours after the polls open or 2 hours before the polls close whichever requires the lesser amount of tim e off. T he em ployee w ill be notified in writing whenever he cannot be released from work to vote b e cause his absence w ill interfere seriously with operations. For em ployees who vote in jurisdictions which require registration in person, excused tim e to register w ill be granted on the same basis as for voting, except that no tim e shall be granted if registration can be accom plished on a nonworkday. (51) * > $ ;< It is the policy of the Department of the Navy to encourage em ployees to exercise their right to vote. Engineer officers desiring to register and vote in any election or referendum shall be excused for that purpose under the follow ing standards. As a general rule, where the polls are not open at least 3 hours before or after an engineer officer’ s regular working hours, he shall be excused for whatever amount of tim e w ill permit him to report for duty 3 hours after the polls open or to leave 3 hours before the polls close, whichever requires less excused tim e . An engineer officer whose place of voting is beyond normal com m uting distance and in a location where absentee ballots are not permitted m ay be excused, not to exceed 1 day, for the necessary trip. T im e in excess of 1 day must be charged to le a v e , but COM STSPAC /C o m m a n d e r, M ilitary Sea Transportation Service, Pacific Area/ shall observe a liberal leave policy for this purpose. For engineer officers who vote in jurisdictions which require registration in person, excused tim e to register m ay be granted on substantially the same basis as for voting, except that no tim e shall be granted if registration can be accom plished on a nonworkday and the place of registration, is with reasonable 1 -d a y , round-trip travel distance of the engineer officer’ s place of residence, (56) Charity Drives. These clauses, found in seven agreements, emphasized union cooperation and, at times, provided for a joint committee to publicize and organize charity campaigns. Several stressed the voluntary nature of campaign contributions. The employer agrees that the principle of voluntary donating to annual approved fund raising c a m paigns shall be upheld. The council, in turn, agrees to support such cam paigns. (9) 'i' 27 The union agrees to support, enthusiastically, and to assist, if requested, in the solicitation of funds for fund drives which are on the approved list in NCPI 5 4 30. 3—la . It is further agreed that the union w ill, upon request o f the com m anding officer, nominate at least one person to serve on the fund drive com m ittee when and if such a com m ittee is appointed by the com m anding officer for recognized fund drives. Employees so appointed, upon approval of their supervisor, w ill be excused from regular work for a ll tim e spent in connection with fund drives. Publicity relative to fund drives w ill re c ognize unit participation in the drive. (8) * * * Voluntary contributions w ill be truly voluntary giving. Any practice that involves com pulsion, coer cion, or reprisal directed at the individual em ployee because o f the size of his contribution or his failure to contribute has no place in the Federal program. In addition, the contributor has the privilege of disclosing or keeping his gift confidential by placing it in a plain white sealed envelope, if he so desires. It is understood that it is the policy of the Executive Branch of the U . S. Government to permit appropriate agencies to solicit funds for charitable and other humanitarian purposes from Federal em ployees at their places of em ploym ent. The worthwhile efforts of these agencies on behalf of all citizens m erit a generous voluntary contribution from em ployees. It is agreed that AFGE Lodge 2250 recognizes the respect and high esteem with which the hospital is regarded in the com munity . . . Recognizing this position, it is further agreed that hospital e m ployees have an individual responsibility, as citizens of the com m unity and as em ployees of the hospital, to assist in its improvement also. The union agrees to publicize and take a positive attitude toward the fund drives and w ill inform the members as to the reasons why m anagem ent needs fair share giving in order to m eet the estab lished hospital goals. (4) Craft Jurisdiction Thirteen contracts, nine negotiated with Navy, provided means for han dling jurisdictional disputes among craft unions. Most stated that in making a s signments the employer would observe customary trade jurisdiction wherever possible; changes would be discussed with the union. The employer agrees, prior to im plem entation, to discuss with appropriate union officers any sig nificant changes regarding basic and fundamental trade or craft jurisdiction, including m ajor journey man training programs. The em ployer further agrees to consider the views and recom mendations of the union in matters relating to trade or craft jurisdiction. The employer agrees to notify and to m eet with union officers to discuss trade jurisdiction with respect to the introduction and application of new equipment, materials and processes o f a significant nature over which the union has jurisdiction. (2) * * * . . . Where custom, practice or tradition has established work boundaries between crafts or personnel covered by this agreem ent, to which the various crafts agree and where such boundaries do not create in efficien cy, or additional work or assignments, or conflict with the maintenance of job stability, the em ployees shall normally perform the work within the boundaries so established. In em ergencies, or in the absence of custom, agreements, awards, or understandings, m anagem ent shall assign the work to those em ployees who in its judgment are best qualified to perform the work. (57) Several agreements negotiated by local Metal Trades Councils (MTC) gave to their affiliates an opportunity to resolve jurisdictional problems among themselves. While the employer agreed to be guided by agreements reached by affiliates of the MTC, he retained the right to make work assignments in ac cordance with section 7 of the Executive order. These points are set forth in considerable detail in the following agreement; The matter of jurisdictional boundaries between and among crafts for the purpose of establishing a c la im to the work is recognized as an appropriate subject for determination by the various unions affiliated with the council, and the council w ill advise the employer of agreements reached. The em ployer agrees to be guided in the assignment of work by any mutual agreements between the unions involved, but in accordance with section 7 of E. O . 10988, the employer retains the basic right to assign work in the manner considered best to m aintain the e fficien cy of Government operations. 784-562 0 - 65-5 28 When because of workloads or other reasons, the employer proposes to issue significant job order assignments contrary to trade lines previously accepted in the shipyard, then whenever practicable, the council w ill be advised of the intended action and given an opportunity to express its views to the employer. It is agreed that in the event of a dispute over cognizance between em ployee crafts within the unit, the council w ill make every effort within its power to bring the disputing crafts together, w ill pro vide them with all possible assistance, and w ill prevail upon them to reach an agreement that is equitable to all concerned. In the process, the council agrees to consider m anagem ent's position if requested by the em ployer. The council w ill com m unicate to the employer any agreement reached by the disputants and the employer w ill assign work in accordance with such agreement provided it is consistent with the best interests of the Government. Nothing in the foregoing shall act to restrict the accom plishm ent of work pending resolution of any dispute or to restrict the employer in his right to assign work. In case of new work of significant volum e where, in the opinion of the em ployer, there is reasonable doubt as to the respective jurisdictional claim s of the crafts, it is agreed that the employer w ill, whenever practicable, discuss the matter with the council before issuing job order assignments. Reasonable tim e w ill be allowed bounds of the preceding sections. council (58) representatives to discuss trade assignments within the Wage Surveys While the compensation of the greater proportion of Federal employees is set forth in schedules in the Classification Act of 1949, as amended, the rates of pay for more than 600, 000 employees (slightly less than one-third of total Federal employment) are determined by various prevailing-rate wage board pro cedures. The wage board group is defined in the Classification Act as those "employees in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, semiskilled, or skilled manual-labor occupations, and other em ployees including foremen and supervisors in positions having trade, craft, or laboring experience and knowledge as the paramount requirement . . . " As to pay policy, the act states only: "The compensation of such employees shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. " The methods of setting pay are left to the administrative discretion of particular agencies, and differ in a num ber of details, but generally, rates are based on wage surveys conducted by agency representatives or by the Bureau of Labor Statistics. 1 It should be noted 0 that an actual wage board is not involved in all cases. A number of agencies set rates for blue-collar workers without boards or committees. Matters relating to wage surveys were stipulated in 55 agreements cov ering approximately 71,000 workers for the following agencies: Agency Commerce---------------------------------Air F o r c e ---------------------------------Army-----------------------------------------Navy-----------------------------------------Health, Education, and Welfare In terior-------------------------------------Treasury -----------------------------------Civil Aeronautics B oard-----------Federal Aviation A g e n c y ----------Interstate Commerce Commission Tariff Commission---------------------Veterans Administration------------ Agreements 2 1 8 30 1 2 1 1 2 1 1 5 Workers 180 1,430 7,129 58,315 1,200 249 250 11 119 20 7 2,067 10 For details on wage board operations, see "R a te Setting by the A rm y-A ir Force W age B o ard ," Monthly Labor R eview , October 1958, pp. 1 1 0 7 -1 1 1 2 , and J. Kenneth M ulligan, "T h e Federal W age Board Program ," Public Personnel R eview , Chicago, October 1958 and January 1959. 29 Most of the preceding agreements granted the union the right to nominate data collectors or observers in local wage surveys. A smaller number per mitted the union to request that a new survey be made, and several dealt with appeal rights after findings had been issued. Survey Requests. The union1s right to request a new wage survey was established in 26 agreements, with one exception covering Defense agencies— Navy, 20 contracts; Army, 4; and Air Force, 1. Ten agreements were negotiated by Metal Trades Councils, four each by the International Association of Machinists and Aerospace Workers and the American Federation of Government Employees, and three by the International Brotherhood of Electrical Workers. In its simplest form, found in a few agreements, the employer agreed to forward union requests to higher authorities: The employer agrees to forward via the Area quest submitted by the union. W age and Classification O ffice any wage survey re (59) > > !« ;< W henever possible, the union shall be given notice of impending wage board surveys, or m ay request that a survey be made by the Department in accordance with the HEW Personnel Guide. (52) Typically, however, the union’ s request was to be accompanied by evi dence that present scales were out of line with those paid to workers in similar occupations in the locality. It is agreed that the council has the right to request area full scale and wage change surveys to be conducted when significant industry wage raises have taken place in the area, and that such request and substantiating data shall be promptly forwarded via channels to OIR, Department of the N avy. (9) > ;< >\z > !< The union shall have the right to request, via the com manding officer, full scale and wage change wage surveys of the lo ca l wage survey area provided: (1) That the request is submitted in writing and; (2) that the request contains substantiating evidence in a form that clearly establishes that specifically identified private industry activities normally included in a lo ca l wage survey have granted wage increases of specific amounts to specified numbers of em ployees occupying positions of a type normally included in a local wage survey. It is agreed that such requests and substantiating data shall be promptly forwarded via channels to appropriate higher authority in the Navy with appropriate recom mendations. (42) One agreement limited the number of requests per contract year, as follows: The employer agrees to consider representations of the union for requesting special wage change surveys for em ployees of the bargaining unit when the union can reasonably demonstrate that estab lished rates or schedules are inconsistent with wages paid by comparable types of industry in the lo ca lity area for comparable work. It is agreed that such requests shall not exceed one submission during the contract year . . . (30) Union Participation. Typically, union participation in wage surveys in cluded one of the following or more: Notification of survey, observers on survey committees, nomination of individuals to be data collectors, and the right to rec ommend the inclusion or exclusion of firms or jobs to be surveyed. Twentyeight of the fifty-two agreements with such provisions were negotiated by the Navy Department, 7 by the Army, 5 by the Veterans Administration, and the rest by 8 other Federal agencies. 30 Agreements between the Navy and Metal Trades Councils usually cov ered the areas of union participation in considerable detail as in the follow ing illustrations: The employer agrees to advise the council of the receipt of o ffic ia l notification that preliminary preparations are being made for the conduct of a full scale wage survey. Such notification to the council w ill, insofar as practicable, be made within 5 working days after its receipt by the em ployer. W hen notified of the tentative starting date of a wage survey, the council m ay submit a list of names of em ployees in the unit for nomination as data collectors. It is agreed the employer w ill give serious consideration to those employees on the list of names submitted by the council whose qual ifications, in the judgment of the em ployer, m eet the criteria outlined in NAVEXOS P—1 4 1 7 . The employer agrees that one ungraded em ployee in the unit, selected from a list of three names submitted by the council, shall be designated as the em ployer's observer on the Area W age Survey C o m m itte e . The observer shall hold in the strictest confidence all wage data provided by private firms during the survey. The council m ay petition the Area W age Survey C o m m ittee orally or in writing for the addition and deletion of industry firms to be surveyed, the addition and deletion of job ratings to be surveyed, and the expansion and contraction of the area to be surveyed. (38) * * * It is agreed that the council m ay submit a list of em ployees' names to be considered by the e m ployer when he appoints his representative to the Area W age Survey C o m m itte e . The council agrees that em ployees nominated by them to serve as the em ployer's representative on the com m ittee shall be responsible activity officials who possess administrative ability and a wide knowledge of Navy occupations, wage administration practices, and industrial organizations. The council further agrees to submit their nominations in sufficient tim e to permit the employer to appoint his representative within the tim e lim itations imposed by OIR. The council further recognizes that the employer w ill consider further responsible activity officials than those nominated by the council. It is agreed that the council w ill be notified on all details concerning the ordering of wage surveys as promptly as they are released to the activity. It is further agreed that the council m ay provide the employer with a list of names of unit e m ployees who m eet the criteria as outlined in NAVEXOS P—1417 for consideration by the employer in selecting of data collectors. (24) In agreements negotiated by the Department of the Army, the following aspects of wage survey participation were generally covered: . . . the union m ay designate one representative to attend the organization m eeting of the lo cality wage survey board; such attendance w ill be without loss of pay or charge to le a v e . The lo cality wage survey board w ill give full consideration to information, requests, or recommendations (sub m itted by the union) concerning area boundaries, firm coverage, and augmentation of the key job list. On other subjects, the union w ill be advised as to the proper method for obtaining consideration. In response to the lo ca lity wage survey board's request for data collectors, the employer agrees to include among the individuals he selects a representative number who have had experience in the jobs for which data is being collected . Employees selected for this activity must m eet the qual ification requirements for data collectors. Upon com pletion of the survey the chairman of the lo cality consult with the union representative for the purpose of: wage survey board w ill, if requested, a. R eview ing the results of the survey so far as they are known. In this connection, the rates of individual companies w ill not, under any circumstances, be revealed to other companies or to em ployee groups. b. R eceivin g any additional information or recom mendations. (57) 31 Illustrative of how non-Defense agencies have provided for the union’ s role in wage surveys are the following excerpts: . . . the corporation w ill pay its wage board employees in accordance with wage rate schedules, which are to be established annually through wage surveys, beginning on or about the first day of September, conducted jointly by the corporation and the union based on rules of procedure m utually agreed upon and issued in advance of the survey . . . (31) * * * A t least 30 days prior to a scheduled V A locality wage rate survey, a m eeting w ill be held for planning purposes. T he union president and any two members he may select w ill be invited to m eet with the personnel officer, his assistant and one other m anagem ent representative. These meetings w ill be for the purpose of determining the nature of a proposed survey, firm lists, and general planning of survey procedures. reviewing of The union m ay submit a list of recom m ended data collectors from which m anagem ent agrees to se le ct an appropriate number, provided they m eet the qualification requirements as outlined in Pro gram Guide G -4 , W age Surveys. Any data collectors . . . w ill serve as required by m anagem ent and w ill represent m anagem ent. Even though recom m ended by the union, data collectors w ill be required to observe all rules of conduct and procedures established for all data collectors. (37) Appeals. The availability of an appeal was set forth in six agreements, all negotiated by the Lithographers and Photoengravers International Union, in cases where the union felt that the data had been compiled or collected incorrectly. . . . Nothing in this agreement shall prevent appeal by the union to the Interdepartmental Litho graphic W age Board if the union feels there has been an error in com piling or in the collection of the data . . . (47) Personnel Actions A variety of personnel policies which are spelled out in considerable detail in Civil Service Commission and agency regulations v/ere also dealt with in about one-fifth of the agreements, usually for employees in industrial activi ties. Provisions in this category include such employment aspects as promotions, demotions, layoffs, job descriptions and ratings, discipline, and training, among others. The agreements, as a rule, defined the uniords role when particular personnel actions were contemplated or taken. Promotions. Procedural matters to be observed in the selection of em ployees for promotion were found in 47 agreements for 10 agencies. Included in this total were 29 Navy agreements, 6 for the Veterans Administration, and 5 for the Department of the Army. All but four applied to wage board or mixed units. Nearly all of these agreements provided for the posting of promotional opportunities, frequently coupled with a statement that vacancies would, where possible, be filled from within. W hen the employer determines to fill a nonsupervisory position in the unit by promotion, notices of a promotional opportunity w ill be posted on all o fficia l bulletin boards at least 10 calendar days prior to the closing date for accepting applications for the position. Such notices shall either con tain the m inim um qualifications standards for appointment to such positions or an indication where the m inim um qualifications for appointment to such positions are available for review. The employer agrees to promote from qualified eligibles within the activity. In no instance shall positions be fille d from outside recruitment as long as there are qualified eligibles em ployed within the activity, provided demonstrably superior persons cannot be obtained by extending the area of consideration. (45) 32 It is the policy of the Department of the Arm y to fill vacant positions on the basis of merit and fitness, and to afford m axim um opportunity for continuity of em ploym ent and optim um development and utilization of em ployee skills. In the interest of creating a stable work force and providing m axim um opportunity for em ployee advancement, first consideration normally w ill be given to filling vacant positions from within the activity work force . . . The employer agrees to post on a ll official bulletin boards, notices of all vacancies to be filled by promotions at least 5 days prior to filling sam e. Such notices shall clearly state the m inim um qualifications for appointment to such positions. (35) Less frequently, the contract called for notice to the union of upcoming promotions and/or permitted it to have observers on promotion boards. The employer agrees to notify the shop stewards of all promotional opportunities, prior to the closing date for filing application . . . (19) at least 10 days > > > ;< ;< ;< The president of the union shall be notified at least 3 days in advance of meetings of the promotion board. He m ay designate a unit mem ber to serve as an observer of promotion board m eetings. The observer m ay not be chosen from divisions or services having candidates for the vacancy being fille d . (37) * * * The union m ay assign a representative to observe the procedures by which candidates are declared eligib le for selection for positions in the agency for which members of the exclusive unit may be considered. (60) Union membership on the rating panel was only rarely specified. In one agreement, the composition and functions of the panel were described, in part, in this manner: There w ill be established a rating panel as follows: 1. 2. basis. 3. 4. Personnel technician to serve as chairman. A representative from the junior management staff to be assigned on a prearranged The im m ediate supervisor of the vacant position. A representative, or his alternate, designated by the union, rotating to serve for 1 year. It shall be the responsibility of this com m ittee to review the information submitted to it by the personnel offic e , which includes the confidential supervisory evaluations, and from it prepare the final numerical rating for each eligible applicant. (61) In addition to the points illustrated above, agreements for several agen cies described at great length the operations of the promotion (merit staffing) program, focusing on such aspects as eligibility, evaluation of qualifications, operations of panels, selection, employee appeals, and the role of the union in the course of the proceedings. These issues are perhaps treated most exten sively in a supplementary agreement between the Department of Labor and Lodge 12 of the AFGE, reproduced in whole in appendix C. Seventeen agreements provided for a temporary promotion of an em ployee performing the duties of a higher rated job for a designated period, usually exceeding 30 days. The bulk of these agreements applied to workers in Navy installations and provided that: Employees tem porarily promoted to perform the duties of a higher paid position within the activity shall receive the pay authorized for the position . . . (19) In a Federal Aviation Agency agreement, the rule governing temporary promotion read: No em ployee shall be detailed to perform the dutiesof a vacant established position of higher grade within the unit for any continuous period in excess of 60 days without considering him for a te m porary promotion. If the em p loyee’ s assignment to the vacant higher grade position is to be con tinued for an additional period of at least 30 but not more than 90 days, he shall be given a te m porary promotion without com petition in accordance with the Agency Merit Promotion Plan. (51) 33 Demotions. Downgrading of an employee can result from a variety of factors, such as layoffs, reclassification of the positions, and above all, dis ciplinary (adverse) actions. Thus, demotions as such are only rarely dealt with in Federal agreements; instead, they are implicitly or explicitly encompassed under the issues noted above. Provisions in two agreements which referred to demotions are cited in their entirety below: The employer agrees to observe applicable appeal rights o f employees who are dem oted and shall in no case recom m end the demotion o f an em ployee except for such cause as w ill promote the efficiency o f the service. (34) * * The em ployer agrees that cases o f demotions which result from gradual changes in duties w ill be m ade according to the seniority principles contained in the Reduction in Force Regulations except where it can be shown how or why a specific individual must be dem oted. It is also agreed that arbitrary downgrade o f positions to m eet fiscal lim itations is prohibited. (17) In about 5 percent of the contracts, an employee about to be laid off had the option of asking for a demotion. He was, however, required to be able to perform the duties of the lower rated job. In addition, the clause usually stipu lated that the employee was to receive preference for "repromotion" to the job previously held. In the case o f a demotion taken voluntarily in lieu o f a red uction-in-force action, the employer agrees to reinstate such em ployee to his former rating when a vacancy exists therein, provided the position is not obligated to an em ployee o f higher retention standing. In situations where an em ployee elects to take a demotion in lieu o f a red uction-in-force action, the em ployee must be qualified to perform the job duties o f a lesser rated position. (35) > * ;< In case of a demotion taken voluntarily in lieu o f a red uction-in-force action, the em ployer shall give reasonable consideration in returning such em ployee to his former rating in inverse order o f the reduction-in-force action when a vacancy occurs therein, before filling said position with any other person. (62) Reduction-in-Force. About 15 percent of the agreements, all for wage board or mixed units, dealt with the role of the union in layoff (reduction-inforce or RIF) situations. As a rule, the contract provided for notice to the union before the work force was curtailed. It is agreed that the employer w ill inform the union o f pending reductions-in-force as soon as possible and that reductions-in-force shall be accom plished in accordance with statutory requirements and C ivil Service Commission rules and regulations. (8) -!< > !< The em ployer agrees that prior to the issuance of o ffic ia l notice to the employees involved in a redu ction -in -force action, the council shall be notified o f the number of em ployees and com petitive levels to be affected, the date action is to be taken, and the reasons for the red u ction -in -fo rce. The council w ill render its assistance in com m unicating to em ployees the reasons for the reductionin -fo rc e . (9) In one agreement, notice was limited to layoffs of 25 employees or more. Several contracts went beyond the notice requirement and permitted the union to present its views prior to the reductions. The council w ill be notified by the em ployer or his cognizant m anagem ent officials o f proposed reductions-in-force and the council w ill be invited to discuss with and to present its views to the em ployer for consideration prior to the im plem entation o f reductions-in-force. (27) 34 To avoid or minimize the layoff of employees, about one-third of the agreements with RIF procedures called for the filling of vacant positions, trans fers, attrition, and similar measures. For example, Navy agreements used language such as the following: The em ployer agrees that in order to m inimize the im pact o f any re d u ction -in -fo rce, existing vacancies w ill be filled to the extent practicable through placem ent o f qualified em ployees who m ight other wise be affected by the reduction-in-force action. (9) The employer agrees to m ake a reasonable effort to avoid or m inim ize a red u ction -in -fo rce by ad justing the work force through promotion, reassignment, or transfer of employees to available vacancies for which they are qualified. (58) Other agencies employed different phraseology to reach the same goal. Before abolishing an encumbered position in the unit, the employer w ill consult with the union on the necessity and tim ing o f the actions and explore possible alternatives suggested in light o f the agency obligation to perform its mission by the most efficient and econ om ical m eans. (25) . . . W henever possible, any reduction in personnel should be achieved by restricting recruitment and promotions and by m eeting ceiling limitations through normal attrition. Employees in surplus positions should be reassigned as other positions becom e vacant . . . (17) One agreement provided for a tripartite committee to advise the employer in reduction-in-force situations. It is further agreed that within 30 days o f the effective date o f this agreem ent, a tripartite com m ittee com posed o f one representative o f the employer, one representative designated by the council, and one representative (who shall act as chairman) m utually acceptable to both the employer and the coun c il designee shall be established and said com m ittee shall advise the em ployer concerning com petitive areas in the unit for reduction-in-force purposes or abolishment or transfer o f functions. . . (24) Nine agreements mentioned '’bumping1 or "retreat rights" of employees ' reached for layoff. With minor variations, the agreements stated that these rights "shall be governed by applicable statutes, Civil Service Commission regu lations, and Department directives. " Similarly, existing regulations were to be followed in rehiring laid— off employees: Any career or career-conditional em ployee who is separated as a result o f red uction-in-force shall be placed on the reem ploym ent priority list and such em ployees shall be given preference for re em ploym ent in accordance with applicable regulations. (25) * * Any permanent status em ployee who is separated because o f a red u ction -in -force action shall be placed on a reem ploym ent priority list for 2 years if career and 1 year if career-conditional, subject to e ligib ility requirements as established by regulations. Such em ployees shall be given preference in rehire in the reverse order o f their separation within their job rating. (30) Job Descriptions and Ratings. The majority of white-collar positions in the Federal Service are classified either in accordance with or consistent with standards published by the Civil Service Commission, or consistent with keypositions defined by statute (postal field service). Blue-collar positions are classified, or rated, in accordance with standards authorized by the employing agency or department. These systems are designed to achieve equal pay for substantially equal work. A job or position description is a formalized state ment of duties and responsibilities contained in a single position or a group of like positions. The primary purpose of a job description is for classification and pay purposes, but it also serves as a tool for organizing work, and for 35 informing prospective employees of their duties. An employee seeking a higher grade or rating would initially claim that his actual duties are not accurately reflected in his present job description. About 10 percent of the agreements allowed the union, usually upon an employeefs request, to assist and represent an employee who feels that his job description does not properly describe his duties. A ll em ployees in the unit, after the steward has taken the matter up with the first line supervisor, shall be perm itted to consult with the em ployer on an informal basis for the purpose o f reviewing their job descriptions or ratings for any alleged inequities. Such em ployees are entitled to council representa tion or assistance in discussing the above with the employer . . . (20) * * * A ll em ployees in the bargaining unit shall be freely and fully provided with adequate means o f se curing review o f what they consider to be inequities in their existing grade or rating . . . Such em ployees are entitled to union representation or assistance in discussing the above with the e m ployer; in reviewing and reading classification standards or Arm y rating definitions that pertain to their position or rating . . . (26) A few agreements elaborated on the above points by stipulating that the employer was to furnish information on which the job description was based. Upon request by the em ployee or his representative, the em ployer w ill produce data on rates and job descriptions of any job questioned. The information w ill include how the rates were established, the type o f work to be performed, the skill required in relation to other rates, etc. If m utually agreed that the descriptions are inaccurate, corrective action w ill be taken. (45) Several Treasury agreements provided for an annual review of job de scriptions; the employee, however, could seek a review at any time. A joint review o f job descriptions by supervisors and their subordinates w ill be m ade annually and it is anticipated that inconsistencies which m ay exist w ill be brought to light at that tim e . At any tim e , however, that an em ployee feels that there are inconsistencies between the duties he is required to perform and the description for his position, he m ay discuss the matter with the supervisor or division head. In this connection he m ay review classification standards and rating definitions pertaining to his position or rating. Such em ployees are entitled to union representation or assistance in discussing the above . . . (63) At times, the union, acting on its own, was authorized to ask for a change in job descriptions or rating. The lodge m ay m ake representations and present supporting evidence to the em ployer regarding the adequacy or equity o f position classification standards and the assignment o f wage board grades. (43) % >< > * :< The em ployer agrees to advise the union concerning any change in job standards which affects the pay le v e l o f an upgraded rating. The union at any tim e m ay initiate a recom m endation for change in job standards for a particular category o f positions. Appropriate representatives of the employer and union w ill m eet to discuss the facts pertinent to the recom mendations. Any form al recom m enda tions o f this nature shall be submitted in writing and shall include full justification for the recom m ended change . . . (34) Disciplinary Action. Disciplinary (adverse) actions against Federal em ployees can be taken for violations of designated laws, regulations, or generally accepted standards of work or conduct, and can lead to demotion, suspension, or dismissal. The procedures governing disciplinary cases are set forth in Civil Service and agency regulations, stating in detail the reasons for which action can be taken and the appeal rights available to affected employees. A relatively small number of agreements, about one-fifth, dealt with the role of the union in adverse action cases against members of the bargaining unit. 784-562 0 - 65-6 36 One-half of the agreements with such provisions covered workers in Navy instal lations, the other half was distributed among 11 other agencies. Generally, the union was to be notified when members of the bargaining unit were subject to discipline. The union w ill be em p loyee. (44) advised when the employer proposes * * to take disciplinary action against an > !< In all cases o f proposed suspension, discharge, or other disciplinary action by the em ployer against any em ployee covered by this agreem ent, the council shall be notified o f such proposed action by the em ployer at the same tim e as the em ployee is notified. (24) In a few agreements, the union was to be notified only if the employee affected requested a hearing. An illustrative clause of this type included the following conditions: Prior to receipt of a request for a hearing from the affected em p loyee, the em ployer w ill hold any information relative to a proposed disciplinary action such as suspension, dem otion, or rem oval, to be a privileged and private matter between the employer and the em ployee even though the em ployee m ay divulge such information at his own discretion. When any em ployee o f the unit requests such a hearing, the employer agrees to notify the council at the sam e tim e the em ployee is notified o f the date set for the hearing. (58) If the case involved certain confidential or personal matters, notice by the em ployer was waived. The em ployer w ill notify the union o f all disciplinary actions taken against an em ployee o f the unit as soon as possible after notification is given to the em ployee except in those cases where the action taken is based on a purely confidential matter individual to the em ployee . . . (42) . . . Labor Lodge 12 w ill be given information identifying the em ployee except in those cases agreed to between m anagem ent and the lodge. In cases where agreement to withhold information is not reached, Labor Lodge 12 w ill be given the name o f the em p loyee, except when the matter is referred to the Secretary o f Labor and he . . . decides the individual should not be identified. Labor Lodge 12 agrees to respect the lim itations requested by m anagem ent on the use o f information supplied to them under this section. (10) Several agreements left notification in such situations to the discretion of the employee. Any em ployee against whom formal adverse or disciplinary action is contem plated shall first be noti fied in writing o f the reason for the contem plated action and the action to be taken. A copy o f such notification w ill be given to the representative o f the union within 1 working day o f such action unless the em ployee has been charged with moral turpitude, in which event sufficient copies w ill be furnished the em ployee so that he m ay, or m ay not, provide the union with a copy in accordance with his own personal desires. (53) In cases where the union acted as the employee’ s representative, it had the right to be present during hearings and to introduce statements. In the case o f violation o f rules when disciplinary action m ay be proposed, the union shall autom atically have the right to be present throughout the disciplinary procedures. (45) > > > :< ;< :« The council is entitled to have an observer at hearings conducted by the Hearing Advisory C om m ittee and the observer m ay m ake a statem ent for the record o f the council's views concerning the case. The statem ent shall be m ade at a tim e determined by the chairman o f the Hearing Advisory C om m ittee. The council w ill com m it its observer at such hearings to treat information received concerning the em ployee as privileged and private to the em ployee. (58) 37 The em ployee organization shall have the right to be present as an observer at any personal presenta tion or form al hearing before a com m ittee in the case o f a . . . adverse action appeal. It shall be the responsibility o f the em ployer to notify the em ployee organization o f the tim e and place o f each such personal presentation or hearing as soon as it is scheduled. Upon request o f the em ployee involved, the em ployee organization shall have the right to consult with m anagem ent officials at any stage o f a . . . proposed adverse action or appeal, and to represent the em ployee in any dis cussion, presentation, or hearing. The foregoing provisions m ay not be construed to preclude any em ployee from designating a person other than a m em ber of the em ployee organization to represent him in a . . . adverse action. (64) On the subject of discipline, several agreements stated that the em ployer would not take action against employees for alleged debts either when the employee denied owing the debt or legal judgment had not been obtained. The employer agrees that no personnel o f the activity shall be assigned to perform work as a c o l lection agent for debts allegedly due by an em ployee to any private individual or firm . No e m ployee shall have disciplinary action taken by the employer against him for failure to pay alleged debts unless he admits his indebtedness or there is an appropriate c ivil court judgment rendered against him . (35) One agreement, however, listed several exceptions to this provision: The em ployer further agrees that no em ployee shall be subject to disciplinary action by the e m ployer for an alleged nonpayment o f debt unless it is for m ed ical, hospital bills, and/or State tax, or is validated by an appropriate civil court judgment rendered against the affected em p loyee. (45) Disputes arising out of disciplinary cases were to be settled under ap propriate personnel procedures. Only two agreements referred specifically to the negotiated grievance and arbitration procedure, stating: . . . Any such disciplinary /suspension, discharge, e tc._/ action must be for just cause, and the e m ployee m ay exercise his rights under the grievance and arbitration procedures o f the agreement. (20) Apprenticeship and Training. About one-fifth of the agreements dealt with various aspects of apprenticeship and/or training and retraining programs. With few exceptions, agreements which referred to apprenticeship also discussed general training activities. Programs of both types were almost wholly confined to blue-collar workers, particularly in Navy installations. Apprenticeship clauses were found in 11 agreements, all, of course, negotiated by unions representing apprenticable crafts, such as the International Association of Machinists and Aerospace Workers, the International Brotherhood of Electrical Workers, and Metal Trades Councils. Changes in and other matters relating to the programs were to be discussed with the union; several contracts provided for union observers on apprenticeship committees. The apprentice training program m aintained by the em ployer shall m eet all standards established for such programs by the Navy Department and the Bureau o f Ships. The employer w ill consult with the council prior to effecting any significant changes in the apprentice program relative to the trades included or the content of training plans. The council m ay take up questions affecting the apprentice program with the em ployer. It is agreed that the membership o f the Apprentice Training Subcom m ittee o f the Shipyard Training C om m ittee shall include an em ployee in the unit designated by the council as its representative. (9) Apprentice training programs w ill be provided as considered necessary by the em ployer. Such ap prentice training shall be in keeping with the applicable regulations o f higher authority, including those specified in NCPI 4 1 0 , and with the standards prescribed by appropriate naval authorities. The em ployer agrees that the details o f the council at its request. (27) apprentice training program w ill be discussed with the 38 In one agreement, the parties agreed to establish an apprenticeship train ing program, the details of which were to be spelled out at a later date. The following factors were to guide the parties: In order that an adequate supply of com petent skilled craftsmen shall be available at all tim es, it is agreed between the parties hereto that an apprenticeship program may be established by mutual agreement between the project and the union. The terms of such apprenticeship program to be mutually agreed upon and shall at least equal the standards recom m ended by the Federal C om m ittee on Apprenticeship; it shall also m eet or exceed the m inim um standards required of apprenticeship pro grams registered with the Bureau of Apprenticeship and Training of the U. S. Department o f Labor. Apprentice rates of pay, conditions of em ploym ent, training, and other necessary functions in connection therewith, shall be incorporated in a supplement to the agreement. (65) Union membership, other than as observers, on apprenticeship com mittees was, where specified, confined to designated functions. It is agreed that both the employer and the council w ill establish Apprentice C om m ittees of not less than three nor more than five members each to m aintain a cooperative interest in the apprentice training program. The com m ittees will m eet jointly at appropriate tim es to consider suggestions or re c o m mendations for the improvement of apprentice training but w ill not concern them selves with such matters as trades apprenticed, number of apprentices c a lled , or the selection of individuals to be apprenticed. It is further agreed that the employer w ill m aintain an apprentice program consistent with the considerations and instructions of NCPI 4 1 0 . 10. Apprenticeship programs shall m eet the standards prescribed by the appropriate naval authorities. (58) Forty-one agreements provided for training and retraining so as to qual ify employees for new ratings and skills. While more than one-half of these provisions were negotiated by the Department of the Navy, they were also found in contracts for nine other agencies covering, with one exception, workers in wage board and mixed units. It was a characteristic of a number of these clauses that they stressed the mutual benefits to be derived from such a program which they agreed to develop jointly. The employer and the union agree that the training and developm ent of em ployees is m utually b en e fic ia l. By mutual agreement the employer and the union w ill m eet and discuss the possible estab lishment of a form al training program covering any or all of the em ployees in the unit at an appro priate tim e in the future. (25) * * It is agreed that a training program shall be established in the unit for the purpose of improving production, quality of personnel, and qualifying em ployees for higher le v e l vacancies. A Training C o m m ittee consisting of one representative from the Personnel and Safety Division and one representative from the O ffice of Cartography, and two representatives from the union shall be established. The com m ittee shall m eet upon the request of either of the parties, or at least once every 2 months, for the purpose of developing and maintaining a comprehensive training program. The com m itte e 's program shall be submitted to the Assistant Director for Cartography and the per sonnel officer for approval and im plem entation. (33) Frequently, agreements referred to training needs for new positions, particularly those arising out of technological change. Whenever technological changes dictate that com posite job ratings must be used which w ill utilize the skills of more than one craft or trade, the employer w ill make every effort to train em ployees affected for the new rating in question insofar as is practicable and consistent with applicable regu lations, funds, and workload. (24) * % * 39 It is agreed that the em ployer w ill make a reasonable effort to reassign em ployees whose positions are elim inated. It is agreed that the employer w ill make a reasonable effort to train em ployees where necessary for reassignment, when positions are elim inated because of automation or adoption of laborsaving devices, provided cost of such training is not excessive and provided the em ployee has the necessary aptitude as determined by the em ployer. (66) * >!< * When technological changes occur, the com mission w ill take appropriate and practical steps, with cooperation of the union, to train em ployees in the use of new machinery and equipment in order that they m ay be able to properly assume new skills. (67) The fact that training of employees for new jobs was to eliminate or reduce the need for recruiting on the outside was specifically stated in several Navy agreements. W hen new ratings are established, m anagement w ill endeavor to retrain em ployees before resorting to outside recruiting. (68) interested, qualified unit Training programs, a few agreements specified, were to be conducted during duty hours, at no expense to the employee. A t the discretion of the em ployer, o n -th e -jo b training required by the em ployer, as distinguished from training for which the em ployee voluntarily applies, shall be accom plished on the em ployer's tim e . (38) * * * Consistent with m anagem ents' needs, and considering the individual worker's interest, capabilities and experience, and considering em ployee potential for future promotion beyond the next promotion, management w ill provide for ascension training using the "jo b training" procedure. Job training w ill be given in-house on equipm ent, procedures, and techniques required in actual production. Generally training w ill be under the direction of skilled journeym en or personnel of a higher grade or under supervisors. (36) At the same time, training furnished by the employer did not relieve the employee of his obligation to strive toward self-improvement. The union agreed to stress this point to its members. The employer and the council recognize that each . em ployee is responsible for applying reasonable effort, tim e , and initiative to keep abreast of the changing technology of his occupation. The council therefore agrees to encourage employees to take advantage of training and educational opportunities which w ill add to the skills and qualifications needed by them for advancem ent, or as prerequisites for further training provided by the employer in their occupational fields. (9) * * * The union agrees to stress to the employees the need for self-d evelop m en t and training to increase efficiency and output. (59) Recruiting. Thirteen agreements, 6 negotiated by several seagoing and 7 by printing-trades unions, provided, in a qualified way, for union partici pation in hiring. As typically stipulated, the union could refer applicants for employment or was to serve as a recruiting source. The right of final selec tion remained with the employer. . . . /The employer/7, by his representatives, m ay m ake known to the union the nature and extent of current recruiting efforts and shall include the union in invitations to refer applicants for em ploym ent. (69) * * * 40 MEBA w ill be used as a recruiting source for qualified engineer officers. In this connection, MEBA w ill be furnished information by /e m p lo y e ^ concerning engineer officer recruitment needs by means of telephone calls or recruitment announcements that contain the engineer officer positions for which applications are being accepted for consideration. MEBA members who desire to apply m ay then do so and w ill be accorded full consideration with other eligible applicants . . . The right of selection or nonselection of an engineer officer from among eligib le applicants regardless of the source rests solely with ^ e m p lo y e r/. (70) * > * !< W hen the normal recruiting procedures for filling vacancies are nonproductive, the employer agrees to contact the union for referral of qualified candidates. The union recognizes that such qualified candidates referred for consideration must be processed through the appropriate channels and procedures of the C iv il Service Com m ission. (48) * * * Appointments to positions in the unit shall be made in accordance with the C iv il Service A c t, rules and regulations, on the basis of merit and ability. The board w ill consider any applicants submitted by the union in developing lists of eligibles to supplement C iv il Service registers. (47) Union Activities Approximately three-fifths of the agreements touched on one aspect or more of union activities, ranging from time for meetings to activities of stewards and check-off of dues. While a large number of these agreements were nego tiated by the Department of the Navy, a considerable proportion were in effect in other agencies, notably Army, Air Force, Interior, and Veterans Administra tion. In terms of employee coverage, wage board units predominated, followed by units of mixed composition. Union Affairs and Meetings. About 30 percent of the agreements r e stated, in various forms, section 9 of the Executive order which provides, in part, that the "solicitation of memberships, dues, or other internal employee organization business shall be conducted during the nonduty hours of the em ployees concerned. " Representatives of Lodge 1884 w ill be afforded opportunities to solicit membership am ong PVFO e m ployees, but such solicitation, collection of dues, or other internal business of Lodge 1884 m ay not occur during working hours . . . (71) * * * . . . In no event m ay solicitation of memberships, collection of dues or other internal union business be conducted on o ffic ia l tim e . O fficial tim e does not include the luncheon periods. (72) * * * . . . It is agreed that tim e off from work granted to stewards or other council representatives shall not be used for discussion of any matters connected with the internal m anagem ent or operations of the council or any other em ployee organization; the collection of dues, assessments, or other funds; the solicitation of memberships; cam paigning for e lectiv e offic e ; . . . ^ o r/ the distribution of literature or authorization cards . . . (9) Membership meetings were also to be held during off-duty hours, but facilities were made available by the employer, as stipulated in slightly more than 15 percent of the agreements. A t the request of the lo d ge, and subject to availability and to safety and security regulations, space w ill be made available for m eetings of the lodge during nonduty hours of the em ployees involved. Such space w ill be m aintained without dam age and restored to a reasonable state of good order by the lodge after use. (73) * * * 41 Facilities of the shipyard, including utilities, w ill be made available, where practicable, for meetings of the council outside regular working hours. The council agrees to leave the facilities in a clean and sanitary condition. (6) * * * The employer agrees that the union m ay use available conference rooms or other suitable areas on the depot for the purpose of holding m eetings. The union agrees that such facilities shall be used only during nonduty hours. The union shall arrange for use of the rooms or areas with the appro priate m anagem ent o ffic ia l, and shall conform to all fire protection and security requirements. V io lation of fire or security regulations shall autom atically term inate this privilege accorded the union. (74) Publicity. Under the terms of 95 agreements, the union was granted the right to publicize meetings, elections, membership drives, social affairs, etc., on installation bulletin boards or, less frequently, in installation newspapers. Generally, material had to be cleared by agency officials before posting and could not contain anything considered ’'propaganda1 or derogatory of Federal officials 1 or policies. The union is authorized to post notices on unofficial bulletin boards. The number and location of such boards shall be determined by the m anagem ent offic ia l concerned. Union notices w ill be screened by the industrial relations officer prior to posting. Notices containing propaganda against or attacks upon agencies, individuals or activities of the Federal Government, or involving p olitical issues, w ill not be approved for posting. A copy of this agreement shall be posted on each officia l bulletin board in those working areas where em ployees subject to this agreement are em ployed. (75) * > * !< The employer agrees to provide space on unofficial bulletin boards wherever located in shops and offices for the posting of union notices and similar informational m aterial. A ll m aterial shall be subject to screening and approval of the employer before posting. The union agrees that no m aterial casting an adverse reflection on the conduct, integrity, or motives of any offic ia l, agency, or a c tivity of the Federal Government shall be distributed in any manner to em ployees in the unit. (25) In other agreements, the screening requirement was waived for an nouncements of routine union activities or if the union agreed to adhere to the ”no propaganda" rule. Space on appropriate bulletin boards w ill be made available to the lodge for posting o fficia l lodge information. The lodge w ill obtain prior approval of the content of articles posted on the bulletin boards except notices of m eetings, the names of lodge representatives, social events, and AFGE bulletins. (76) * Space on bulletin boards w ill be made Prior approval of the content and the lodge agrees that such literature w ill individual, or activity of the Federal * * available to the lodge for pasting officia l lodge information. specific details for the posting w ill not be required, but the not contain propaganda against or attacks upon any agency, Government. Any lodge m aterial posted w ill be signed by a duly authorized representative of the lodge. involved in the preparation of lodge m aterial w ill be borne by the lodge. (43) A ll costs Less frequently, the union was also allowed space in the installation news paper to publicize its activities, usually under the same conditions as applied to use of the bulletin boards. The employer agrees that the union shall be permitted to use bulletin boards throughout the installation for posting o ffic ia l union bulletins. A ll costs incident to reproduction, preparation and distribution of such m aterial shall be borne by the union. The union agrees that m aterial relating to partisan political matters, or m aterial which reflects discreditably upon the integrity or m otives of any individual, another em ployee organization, or upon the Federal Governm ent, shall not be posted. 42 The union agrees that a ll m aterial shall be submitted to the employer prior to posting. Excepted from this requirement are notices of union m eetings and notices of union elections. The union further agrees that m aterial shall be of current nature only, and shall occupy only a reasonable amount of space. The em ployer agrees to publish notices of union m eetings for any one notice. The union agrees to submit notices the em ployer. Items submitted w ill be reviewed by the lication w ill be returned with a note stating the reasons * * in the daily bulletin, not to exceed three in such form as to obviate any editing by em ployer, and those not suitable for pub for nonacceptance. (74) £ Space w ill be provided the union on bulletin boards and in the D epot's newspaper, "Soundings, " provided that all m aterial is submitted to the employer in advance for review and approval. (40) Stewards and Representatives. About three-fifths of the agreements (124) defined, at least in some measure, the rights and duties of employees who functioned as union stewards, committeemen, representatives, or o fficers.1 1 Provisions were found in agreements negotiated by all except four agencies and by 19 of the 29 unions accounted for in this study. More than 90 percent of these agreements pertained to employees in wage board or mixed units. Marked dif ferences among agencies and unions were noted in the treatment of such details as the number of stewards, time allowed for designated activities, protection against discrimination, and assignment limitations. In its briefest form, these clauses in their entirety read as follows: The union shall be authorized to appoint one steward and an alternate for each shift. w ill be advised of the names of the em ployees appointed. (60) * * The agency * The area director agrees that to enable the officers and representatives of the council to discharge their obligations and responsibilities under this agreement they shall be permitted to m eet and dis cuss matters pertaining to this agreement with area officials and supervisors during working hours, and to process grievances, without taking leave or leav e without pay . . . (77) * * * W hen specifically requested by an em ployee, an officer of the union m ay be authorized to leave his work area without loss of pay, to discuss a specific em ployee grievance or com plaint. T otal tim e lost from the job w ill be kept to a m inim um and permission denied when tim e lost becom es e x cessive. Permission w ill otherwise be granted in the absence of com pellin g circumstances. N orm ally, arrangements w ill be m ade for the em ployee and union officer to m eet during the lunch period. (11) More often, however, the agreements stipulated the rules governing stewards’ activities in greater detail, particularly the number of employees who were to function in this capacity and the time allowed for such duties without loss of pay. Typically, a particular number or time limit was not specified; rather, the agreements used terms such as "reasonable" or "not excessive. " For example: The employer agrees to recognize a reasonable number of shop stewards or craft com m itteem en (hereinafter referred to as council representatives . . . ) duly authorized by the council as the repre sentatives of a particular area or craft on appropriate matters or grievances arising within that area or craft. The council shall supply the em ployer in writing and shall m aintain with the employer on a current basis, a com plete list of all authorized council representatives together with the des ignation of the area or craft each is authorized to represent. 11 W hile a few agreements referred to these categories of union officials separately, in most cases they were either treated alike or the terms were used interchangeably by different agencies. H en ce, the provisions concerning these officials have been com bined in this report. 43 Reasonable tim e during working hours ("tim e a llo w e d ") w ill be allowed council representatives for attendance at m eetings with the em ployer. Reasonable tim e w ill also be allowed for representatives to discuss with em ployees grievances and appropriate matters directly related to the work situations in their area or craft. C ouncil representatives w ill guard against the use of excessive tim e in the handling of such matters. (58) * * * Labor Lodge 12 stewards shall be designated by Labor Lodge 12 and shall be recognized as em ployee representatives for employees in the subdivision in which they are designated to be stewards. The union w ill supply the Department with their names, which shall be posted on appropriate bulletin boards . . . Stewards shall not use their offices for matters outside the scope of this agreem ent. duct their business with dispatch. They shall con (10) Where the number of stewards or other officials were designated, the provision was set forth in a number of ways. Some agreements set a maximum number; others referred to the number for particular shops, areas, districts, etc. , or established ratios of stewards to employees in the unit. The National Capital R egional O ffice recognizes the right of Local 1632 to designate job stewards and alternates. The number of jo b stewards so designated shall not exceed two, plus an equal num ber of alternates . . . (49) * * * The em ployer recognizes the right of the AFGE to appoint four shop stewards within the unit to carry out the responsibilities of the AFGE in representing the em ployees . . . A com plete definition of their zone of responsibility and the em ployees whom they are designated to represent w ill be set forth . . . (78) * * * . . . A ll work areas of the unit w ill be divided into districts by mutual agreement between the e m ployer and the union. Districts as agreed upon shall be recorded as appendix " A " hereto. One steward w ill be assigned to each district and that steward's activities w ill be restricted to his district and he shall represent only those em ployees assigned to his district . . . The em ployer agrees to recognize seven zone com m itteem en designated by the union. Five zone com m itteem en are to be assigned to zones m utually agreed upon and recorded in appendix " A " hereto within the Overhaul and Repair Department, and there shall be one zone com m itteem an each for the Supply Department and Public Works Department. (42) ?j< >je * . . . The number of stewards, including chief stewards, designated shall not exceed the ratio of 1 to every 100 nonsupervisory em ployees, or major fraction thereof, in the ungraded unit on each nor m ally scheduled shift, except in the case where this ratio provides less than one shop steward per shop group, the council m ay designate additional shop stewards in excess of the above ratio to a m axim um of one shop steward for each shop group where a norm ally scheduled shift is worked. (6) Some agreements which designated the number of stewards also listed the amount of time they could normally spend on such duties. It is agreed and understood that a total of nine shop stewards, be appointed by AFGE Lodge 1539 . . . and two alternate shop stewards w ill Stewards w ill be perm itted to leave their normal work areas to perform duties . . . only with per mission of their supervisor. Supervisors w ill permit stewards not to exceed 3 hours per pay period to carry out appropriate steward duties. Should more tim e be required by a steward, he w ill consult with his supervisor and division or service chief. This permission w ill be granted in the absence of com pellin g reasons which require the em ployee's presence at the tasks he is then performing. (79) 44 . . . one m em ber of the unit shall be designated by the em ployee organization to perform shop stew ard duties . . . This shop steward shall be allowed a reasonable amount o f tim e to perform the shop steward duties, but in any event not to exceed 4 hours per month . . . (80) Many agreements required union representatives to comply with various plant rules before engaging in authorized activities. Usually, permission of the supervisor was to be obtained before leaving the work area and to report to him upon returning to work. At times, permission of the supervisor of the depart ment entered was also necessary. . . . It is understood that, permission of the im m ediate supervisor w ill be obtained for such absence from normal work and that such permission w ill normally be granted in the absence of com p ellin g circumstances. (81) * * # Union representatives, when leaving their work area, shall first obtain permission and the required pass from their im m ediate supervisor in accordance with Bureau regulations governing em ployee m ovem ent within the buildings. Permission shall also be obtained from the im m ediate supervisor of any em ployee being contacted. The representatives w ill report their return to work to their supervisor . . . (2) A small number of agreements stressed that stewards or other repre sentatives would not suffer discrimination or be restrained in any way in carrying out agreed upon duties. . . . There shall be no restraint, interference, coercion, or discrimination against the representatives because of the performance of such duties . . . (82) * * * It is understood that all persons (including supervisors and stewards, but not lim ited thereto) involved in em ployee-supervisor relations w ill assert themselves in a tem perate and gentlem anly manner in their mutual dealings and w ill \ssume responsibility for conforming to appropriate standards of per sonal conduct. The employer agrees that chief stewards, stewards, council officers, and representatives w ill not be discriminated or retaliated against or transferred from one work shift or shop to another due solely to legitim ate em ployee organization activities perm itted under the provisions of applicable NCPI's or this agreem ent. (9) A limitation on transfers of union officials, as illustrated above, was a characteristic of a number of Navy contracts. Should a change in work or shift have become necessary, the union was to be notified in advance, except where an emergency situation ruled this out. Under normal circumstances the employer agrees that no m em ber of the council conference com m ittee or designated overall chairman of the shop stewards or craft com m itteem en w ill be transferred from one work shift or shop to another. W hen such transfers are necessary the employer w ill give prior notification to the council if possible. (58) * # * In the event it becom es necessary to transfer an authorized shop steward from one shift to another, the employer agrees to give a 3 -d a y notice to the union prior to the effective date of transfer. It is further agreed that the above procedure shall apply to the transfer of shop stewards from one cost center to another, except that a 5 -d a y notice must be given to the union. (83) Visitation Rights. The right of nonemployee union officials to visit the installation to engage in union activities, participate in meetings with manage ment, or to discharge undefined ’’responsibilities under the agreement” was set forth in 59 agreements, largely those covering Navy (33) and Army (1Z) facilities. Provisions of this type were present in virtually all agreements negotiated by 45 unions of seagoing employees and local metal trades councils. Reference was usu ally made to the necessity of visitors complying with existing security regulations. . . . During nonoperational periods and by prior arrangement, union representatives m ay visit e m ployees aboard vessels covered by this agreement for the purpose of discussing union business and affairs. (84) sj« >;< $ The employer agrees to arrange for the prompt adm ittance to the station of authorized representatives of the council and its affiliated unions, upon approval of request to visit, in carrying out permissible functions within the scope of their responsibilities. A ll such visits shall be governed by national security regulations. (20) * * * Representatives of the union who are not em ployees m ay participate, by prior arrangement, in meetings with m anagem ent representatives. Subject to obtaining prior permission from COMSTSGULF, or his designated representative, as required by CMPI 7 2 1 .2 - 1 0 g , such union officials may visit union ship representatives aboard ship for the purpose of preparing agenda items to be discussed with COMSTSGULF. (85) sje >\< sje The project agrees that to enable the union to m eet and discharge its obligations and responsibilities under this agreem ent, authorized representatives shall be permitted to visit the project and places of work of the project during working hours, provided that in restricted areas they shall be accom panied by a bureau representative. Authorized union representatives shall confine their activities during such hours to matters relating to this agreem ent, and w ill first make their presence known to the project representative. (65) One agreement dealt specifically with visitation rights during hazardous operations, and established the following conditions: Authorized representatives of the association w ill be permitted to go aboard floating plant covered by the agreement upon request to the master of the vessel, when the plant is in port or not operating. N orm ally, association representatives w ill not be permitted to board floating plant while in operation. However, when there are m itigating circumstances an association representative m ay request per mission to go aboard the floating plant while it is operating. Such a request w ill be submitted in writing to the district engineer at least 24 hours in advance of the tim e it is desired to board the vessel. The district engineer w ill consider the circumstances involved and w ill notify the association representative of his decision in writing. The district assumes no obligation to transport association representatives to and from vessels while in operation. The association shall take out insurance which w ill protect the Government against any claim s, loss of life , or injury occurring to a representative of the association while on the property or while on board a vessel of the district. (86) Union Leave. A leave of absence with or without pay to attend union meetings or conventions, to hold full-time union office, or to accept other union assignments was available to members under more than one-fourth of the agree ments studied. As a rule, however, such leave was contingent upon work r e quirements at the activity, as determined by the employer. Navy agreements, which accounted for the majority of these provisions, often read as follows: Employees m ay, at the discretion of the em ployer, be granted leaves of absence without pay in accordance with applicable statutes and regulations, including those contained in NCPI 6 3 0 .8 . The em ployer agrees to give consideration to council officers' and representatives' requests for leave with pay or leave without pay in accordance with applicable regulations to attend outside conferences, conventions, or other special m eetings. (27) * * > !< 46 W ritten notice to the em ployer by the union of election or appointment of em ployees in the unit to a union office or as a delegate to a union activity w ill be accepted as a justification for leaves of absence unless there are com pelling circumstances to the contrary. Should the application for leave of absence be disapproved, the employer agrees to notify the union, in writing, of the reasons therefor. (45) Where the period of leave was indicated, it was, in accordance with agency regulations, for 1 year. Any m em ber of the unit elected or appointed to a national office in the union shall be given leave without pay upon application. In the event the em ployee so elected or appointed occupies a position which could not be satisfactorily filled on a temporary appointment basis, m anagem ent m ay deny the requested leave without pay. Leave without pay for the above purpose w ill not exceed 1 year, but m ay be renewed upon appropriate application. Elected delegates to a union function m ay be given annual leave or leave without pay to attend such functions provided that the hospital is given 30 days' advance notice. Division or service chiefs m ay accept less than 30 days' notice if work conditions perm it. (37) A few agreements, however, without pay, for union business. stipulated shorter leave periods with or The employer agrees that the union m ay designate em ployee members as representatives elected or appointed to a union office or as a delegate to any union activity necessitating a le av e o f absence, not to exceed 15 workdays per year. Upon written notification to the employer by the union, such em ployee shall be granted, insofar as possible, a reasonable amount of annual leave or approved leav e without pay as appropriate. (35) Employees on an authorized leave of absence accrue all benefits to which they are otherwise entitled. This was specifically spelled out in about 10 percent of the agreements. For example: Journeyman pressmen in approved leave of absence without pay status shall accrue all rights and privileges in respect to retirement status and coverage under the Group Life Insurance and Federal Employees H ealth Program, in accordance with current laws and regulations. (2) * * sje . . . He shall not lose his seniority established at the tim e of the leave of absence and shall accrue seniority subject to applicable C iv il Service regulations . . . (8) Fifteen agreements dealt with various aspects of reemployment rights of employees returning from a leave of absence. A n em ployee returning to service from leave without pay who has maintained all necessary quali fications w ill normally be returned to the job rating and pay status he enjoyed before going on le a v e . If an em p loyee's status is changed during the period he was on le a v e , such changed status shall be reflected upon his return to work. (34) > * ;< > ;< An em ployee absent on extended leave w ill normally be carried on the rolls during his absence in the rating held at the tim e his leave com m enced. The employer recognizes the bumping and retreat rights of an em ployee on leav e of absence in situ ations where the em ployee is affected by reduction-in-force action during his leave of absence. (9) Dues Withholding. Civil Service Commission regulations governing the withholding of union dues by Federal agencies and transmittal of such dues to employee organizations went into effect in January 1964. By late summer 1964, 47 37 12 agreements had incorporated dues checkoff provisions, although several of these were concluded before the regulations were issued, to go into effect as soon as permissible. W hen withholding of lodge dues on a voluntary basis is authorized for Federal em ployees, the c o m mander agrees that this practice will be im plem ented on the base, provided the lodge meets the requirements of the applicable statutes, executive orders, or rules or regulations. (82) Most checkoff provisions spelled out this arrangement in extensive de tail, restating, in various forms, the points covered by CSC regulations, notably such matters as authorization, remittances, revocation, and costs (2 cents per deduction). A rticle X X IV — Dues Deduction Section 1. The em ployer shall deduct dues from the pay of a ll eligib le em ployees who voluntarily authorize such deductions and who are em ployed within the appropriate unit for which the council holds exclusive recognition, in accordance with the provisions set forth herein. Section 2. Union dues (the regular, periodic amount required to maintain an em ployee in good standing in his appropriate lo ca l union affiliated with the council) shall be deducted by the employer from the em ployee's pay each payroll period when the following conditions have been m et: a. The em ployee is a m em ber in good standing of his appropriate lo ca l union affiliated with the council or has signed up for membership in his appropriate lo ca l union subject to the payment of his first month's dues through voluntary allotm ent as provided herein. b. The em ployee's earnings are c. The em ployee has voluntarily by the council. regularly sufficient to cover the amount of the allotm ent. authorized such a deduction on Standard Form 1187 supplied d. The appropriate lo ca l union of the council, through its authorized o ffic ia l, has com pleted and signed section A of such form on behalf of such affiliated lo ca l union. e. Such com pleted form has been turned over to the em ployer, code 1351, by the council. Section 3. The council is responsible for purchasing the standard allotm ent form prescribed by the Com ptroller General; distributing it to its mem bers; certifying as to the amount of its dues; delivering com pleted forms to the em ployer, code 1351; and educating its members on the program for a llo t ments for payment of dues, its voluntary nature, and the uses and availability of the required form . Section 4 . Deduction of dues shall begin with the first pay period which occurs after receipt of the Standard Form 1187 by the em ployer, code 1 3 51, providing that Standard Form 1187 is received by 1000 hours of the Wednesday preceding the beginning of the biw eekly pay period. Section 5. The amount of the union dues to be deducted each biw eekly pay period shall rem ain as originally certified on such allotm ent forms until a change in the amount of such dues is certi fied to by the authorized o ffic ia l, and such certification is transmitted to the em ployer, code 1351, by the council. Such change shall begin with the first pay period after receipt of the notice of change by the em ployer, code 1351, or a later date if requested by the council. Such changes shall not be made more frequently than once each 12 months. In addition, changes made as a result of changes in membership classification such as promotion to journeym an, w ill be m ade upon submission of a new Standard Form 1187, effective the beginning of the first pay period follow ing receipt by the em ployer, code 1351. * * 2 This figure would tend to underestimate the prevalence of such arrangements, since unions having obtained form al recognition are eligib le to participate under C iv il Service Com m ission rules. 48 Section 6. A n em p loyee's voluntary allotm ent for payment of his union dues shall be terminated with the start of the first pay period following the pay period in which any of the follow ing occur: a. Loss of exclusive recognition by the council. b. Separation of an em ployee from the unit for which the council holds exclusive recognition. c. R eceipt by the em ployer, code 1351, of notice from the council that the em ployee has been expelled or has ceased to be a m em ber in good standing of his lo ca l union. Such notice shall be promptly forwarded by the council to the em ployer, code 1351. Section 7. A n allotm ent for the deduction of an em p loyee's union dues m ay also be term inated by the em ployee through submission to the em ployer, code 1351, of a Standard Form 1188 or individual substitute, properly executed in duplicate by the individual em p loyee. Such duplicate shall be promptly forwarded by the em ployer, code 1351, to the council. A termination of allotm ent under this section shall be effective with the first full pay period follow ing either March 1 or September 1, whichever is the earlier, provided the revocation is received by the em ployer, code 1351, by such date. Section 8. The em ployer, code 1351, shall transmit to the council after each regularly scheduled payday, the follow ing: a. Lists in duplicate voluntary dues allotm ents. number and name of each include the total monetary bers of such affiliated lo ca l secretary-treasurer promptly, for each affiliated lo ca l union of the council which has em ployees on Each such list shall identify within each union dues code, the badge em ployee, and the amount of his allotm ent deduction. Each list shall amount of a ll such allotm ent deductions m ade for the em ployee m e m unions, together with the total number of such allotm ent deductions. b. A summary sheet in duplicate listing the total monetary amount of the allotm ent deduction for dues made on behalf of each affiliated local unions identified by lo ca l union name and number. T he summary sheet shall also include the grand total of all such monetary allotments deducted in favor of all such affiliated lo c a l unions for the pay period covered and the grand total of the num ber of allotm ent deductions m ade. c. A listing of em ployees who have term inated their deductions within the pay period. d. A check drawn on the Treasury of the United States and m ade payable to the council in an amount equal to the grand total of a ll such monetary allotm ent deductions m ade, less 2 cents for each deduction. (87) * sje * Pursuant to the Basic Em ployee-M anagem en t Agreem ent between the Bureau of R eclam ation, U. S. D e partment of the Interior, M iddle R io Grande Project, and the A m erican Federation of Government Em ployees, AFL— CIO Lodge No. 2 2 4 6 , approved February 2 8, 1 9 64, representatives of the project and the union conferred on March 24, 1964, and agreed to adoption of the following plan with respect to payroll deduction of union membership dues: 1. Em ployee union members desiring to have union dues deducted from their pay must submit a written request for such deductions to an authorized representative of the project. 2. The project shall make such deductions from em ployees' wages only upon receipt of a properly executed request, in duplicate, from employees on Standard Form 1187. The original of the request shall be retained by the payroll office and the copy shall be forwarded to the union. 3. The form prescribed for authorization of payroll deduction of union dues shall be furnished by the union. 4. T he project shall effect requests for changes in the amount of allotm ents for the payment of dues on the first day of the pay period beginning 4 workdays or more after requests have been received. 5. Changes in the amount of allotm ents for payment of union dues frequently than once each 12 months. m ay not be made more 6. Before the project m ay start payroll deductions for union dues, the union shall furnish the project a written schedule of regular basic biw eekly dues applicable to members covered by this agreem ent. 49 7. A 2 -c e n t withholding fee w ill be charged by the project for each deduction made per pay period for each em ployee. 8. The union shall be furnished a biweekly list reflecting the names of members for whom deductions were made and the amount of each deduction with appropriate totals on number of m e m bers, amounts withheld, and amount of the 2 -c e n t fe e . 9. The union shall promptly notify the project in writing when a m em ber is expelled or ceases to be a m em ber in good standing so that the allotm ent for the em ployee can be term inated effective with the close of the pay period in which the notice was received. 10. Employees m ay terminate union dues allotments effective at the beginning of the first full pay period after March 1 or September 1, whichever is earlier, by furnishing the project a written revocation. 11, The finance officer w ill send a copy of each written revocation received by the agency to the union within 5 workdays after receipt. (88) Union-Management Activities The Executive order provides that management and an employee organi zation designated as the exclusive representative "shall meet at reasonable times and confer with respect to personnel policy and practices and matters affecting working conditions, . . . " This, as specifically stated, also encompasses the negotiation of agreements. This section of the study describes the various policies adopted by the parties to foster union-management cooperation and to reach agree ment on bargaining issues. Grievance procedures are discussed under a subse quent heading. Cooperation Committees. About one-fourth of the agreements, distributed over 14 agencies and 13 unions, established a variety of committees whose func tion was either to "improve cooperation" generally or to deal with somewhat more specific problems, such as the elimination of waste, improvement in workman ship, employee morale, and other work problems. Negotiation of agreements or the processing of grievances was explicitly or implicitly outside the scope of these committees. The following examples illustrate the kinds of joint committees estab lished to deal with mutual problems not otherwise identified* In order to achieve the fullest possible benefits from the contributions of its em ployees, there is established a joint Em ployee-M anagem en t C om m ittee to consist of an equal number of representatives (not more than five and not less than two) chosen by the union from among its members and by the m ain station supervisor from among his staff. (89) >[c i\' sjc For the purpose of fostering better labor-m anagem ent cooperation the lodge shall select two repre sentatives and m anagem ent shall select two representatives from its supervisory staff to form a LaborM anagement C o m m ittee at each helium plant. (90) More typical, however, were clauses which addressed themselves to specific problems of concern to the parties. For example: A com m ittee of not more than three representatives of the em ployee organization w ill m eet with representatives of m anagem ent from tim e to tim e as the need arises, to consider and make r e c com mendations to the activity head on the elim ination of waste, im provement of workmanship and correction of conditions leading to a misunderstanding. (68) > > > !« !< !< The shop steward and the unit supervisor shall m eet from tim e to tim e , as m ay be reasonably ap propriate without interfering with the work of the unit, for the purpose of advising board m an ag e ment and union officials on any m atter which by cooperative action would improve relations between em ployees and m anagem ent o fficia ls, and submission of advisory proposals for elim ination of waste; conservation of materials and supplies; im provement of quality of workmanship and services; pro m otion of education and training; the correction of working conditions making for grievances and misunderstandings; safeguarding of health and elim ination of em ploym ent hazards; the im provement of working conditions and the strengthening of em ployee m orale, but not including grievances, dis agreements, or matters relating to rates of pay. (47) * * * 50 A regular m eeting w ill be held monthly between m anagem ent and the union. Purpose of these regular m eetings w ill be to review m an agem en t-em p loyee relationships, to identify possible problem areas at an early stage, to provide management an informal report or " f e e l " for em ployee m orale and to discuss any current problems or impending actions. T im e and place of this m eeting w ill be arranged and announced by m anagem ent. (91) Several agreements, in addition to listing the purposes of the committee, also referred to its procedures and operations. The employer and the union, having recognized that cooperation between m anagem ent and em ployees is indispensable to the accom plishm ent of the purposes for which the activity has been established, maintain and support a joint cooperative com m ittee as an effective means by which to foster such cooperation. This joint cooperative com m ittee shall give consideration to and make recom mendations to the director on such matters as the elim ination of waste, the conservation of m aterials, supplies, and energy, the im provement of quality of workmanship and services, the conditions of em ploym ent on new or improved equipment or machines different from those now in use within the jurisdiction of the em ployer, the promotion of education, the establishment of an effective training program, and the correction of conditions making for misunderstandings. This joint cooperative com m ittee shall consist of six m em bers. The three shop com m ittee members shall represent the union and three members appointed by the em ployer shall represent m anagem ent. A t each m eeting the com m ittee shall elect a nonvoting chairman from among its m em bers. The selection shall be made alternately from among the group of members representing the union and the group of members representing m anagem ent. The com m ittee shall make its recom mendations to the director in writing. This joint cooperative com m ittee w ill m eet at the c all of either the union or the em ployer at tim es m utually agreeable to both parties. The party calling the m eeting shall provide to the other party, at least 3 working days in advance of the m eeting, a written agenda of matters to be discussed. Minutes shall be kept and copies supplied to the union. (92) i|c >Jc There shall be established im m ediately a com m ittee consisting of representatives of the union and supervisory staff of the unit in equal numbers, not to exceed three. However, the union and the agency m ay each invite an o ffic ia l advisor. This com m ittee shall m eet once every 3 months. A n agenda shall be submitted by either party at least 5 working days prior to com m ittee m eeting. Minutes shall be kept and the m eetings. agency shall provide the com m ittee members with minutes of all Consideration by the com m ittee shall be given to such matters as the elim ination of waste, conser vation of materials . . . The com m ittee shall report periodically to the officers of the union and the agency on any m a t ter which by cooperative action would improve relations between em ployees and m anagem ent officia ls. (93) Union participation on single-purpose committees concerned, for ex ample, with incentive awards, food service, charity drives, and recreation, were provided for in about 15 percent of the agreements. As a rule, more than one committee was listed in the contract. The em ployer agrees to allot to the union not less than 50 percent membership on a ll com m ittees appointed to administer such e m p loyee-em p loyer activities as charity and bond drives, food service, recreation, solicitation, w elfare, or other such com m ittees appointed to provide services or assistance (not job related) to em ployees within the bargaining unit. The m ethod of selecting the representatives of the union w ill be as follows: The union w ill furnish the em ployer, within 7 calendar days of request, a list of not less than tw ice the number necessary to fu lfill the requirements, and the em ployer w ill select them from the list. The union agrees that it w ill actively support such causes and that com m ittee members w ill be re c om m ended who are considered capable of performing their functions w e ll. 51 The em ployer agrees to appoint to the incentive awards com m ittee two representatives nominated by the union. T o effect this agreem ent, the union agrees to submit a list of five names of e m ployees of A R & SB and the em ployer w ill select from the list and appoint two em ployees to the com m itte e . (63) The em ployer agrees that the council m ay have representatives on the boards and com m ittees not covered elsewhere in this agreem ent, as follows: a. Puget Sound Naval Shipyard R ecreation Board of Directors, one m em ber. b. Puget Sound Naval Shipyard Incentive Awards C o m m ittee, (1) Beneficial Suggestion Panel, two members. (2) Superior Accom plishm ent Panel, one m em ber. c. Puget Sound N aval Shipyard Restaurant Board of Trustees, two members . . . (58) Negotiating Committees. While bargaining committees exist in all cases where an agreement has been reached, references to such a committee, frequently also defining its composition and procedures, were found in 112 agreements, or more than half of those studied. Seventeen of twenty nonpostal agencies were parties to these agreements, as were 19 out of 29 employee organizations. The largest number of agreements, 53, applied to employees in mixed units, followed by units of wage board (43) and classified employees (16), respectively. Agreements Employees covered Total ------------------------------- 112 56,319 Agriculture-------------------------------Commerce---------------------------------D efen se------------------------------------Air F o r c e ---------------------------------Army-----------------------------------------N avy-----------------------------------------Health, Education, and Welfare Interior ------------------------------------L a b or---------------------------------------Treasury ----------------------------------Federal Aviation Agency-----------General Services AdministrationInterstate Commerce Commission Railroad Retirement Board--------Smithsonian Institution------------Tariff Commission--------------------Veterans Administration------------ 1 1 1 7 10 12 9 14 2 2 1 19 1 1 1 1 29 Agency 2,528 80 264 3,680 4, 431 10,500 12,245 724 4, 045 151 46 1,697 20 1,800 30 7 14,071 A number of agreements did little more than state the existence of a negotiating committee. The union and the payment center shall each select eight payment center em ployees to serve as its negotiating com m ittee for the purpose of negotiations hereunder. Not more than four members of each of these groups w ill attend and participate in conferences as a working group. (94) >[< >[c >!< Working conditions affecting the em ployees covered by this agreement shall be determined through the process of negotiation between the union and NAVO CEAN O . For this purpose, the union and NAVOCEANO shall elect a negotiating com m ittee which shall consist of em ployees within N AVOCEANO, and other representatives designated by the union. In addition to the negotiating c om m ittee, other representatives of the union and other representatives of N AVO CEAN O , m ay be permitted to attend the conference. (95) Agreements negotiated by the General Services Administration specified, by title or name, the management and union official who were to make up the committee. 52 Procedures for the Consultation and Negotiation of Issues Arising Under the Agreem ents. In order of rank the contact representatives of the employer are: First line supervisor, second line supervisor, third line supervisor of the section concerned, assistant buildings m anager, buildings manager, area manager of area five, chief of buildings m anagem ent division, regional director of public buildings service, and regional administrator of region seven. In order of rank the contact rep resentatives of the em ployee organization are: President, vice-p resid ent, welfare director, and craft representative. Regular m eetings quarterly. attended by employer and em ployee organization representatives shall be held In attendance w ill be buildings manager, assistant buildings m anager, custodial force supervisor, or any other supervisor required in accordance with the business to be discussed as shown by the agenda, or their designee and the em ployee organization officers, president, vice-p resid ent, craft representative or their designees or any other officer designated by the president who m ay be required in accordance with the business to be discussed as shown by the agenda. The president shall notify the em ployer of those designated to attend a m eeting and shall lim it his selection to three em ployee organization representatives, unless m utually agreed that more might attend. A ny meetings m ay be cancelled by mutual consent of both parties. Special meetings m ay be arranged at the request of either party. A n agenda w ill be prepared in advance by a designated representative of the employer and w ill be based on suggestions from employer and em ployee organization officials . . . Minutes shall be m ade of the regular meetings attended by employer and em ployee organization representatives, a copy of which shall be furnished to the em ployee organization. (96) A considerable number of agreements were silent on whether meetings would be conducted during duty or off-duty hours; others, particularly those ne gotiated by the Veterans Administration, restated that part of section 9 of the order which provides that . . consultations and meetings . . . shall, when ever practicable, be conducted on official time, but any agency may require that negotiations . . . be conducted during . . . nonduty hours . . . n, as follows: The negotiating com m ittee shall be made up of eight m em bers; four representing m anagem ent and four representing the union. Additional temporary members m ay be added by both parties to the agreem ent, providing that membership for each party at any one tim e m ay not exceed a total of six mem bers. Ordinarily, negotiation meetings w ill be held on o ffic ia l tim e without charge to le a v e . If such meetings take an inordinate amount of tim e , the center director, at his discretion, m ay require that these meetings be conducted during the nonduty hours of the em ployee representatives involved. (97) Less frequently, agreements provided that all time spent in negotiations would be "off the clock. M . . . Employees from th^ bargaining unit, including the m em bers of the local*s negotiating c o m m ittee, who attend the conference shall be charged with leave or leave without pay. (98) Factfinding Committees/ The resolution of deadlocks in contract nego tiations can be a particularly troublesome issue in bargaining situations where the union is not permitted to strike, the employer not permitted to resort to lockouts, and where arbitration of contract terms, even of an advisory nature, is prohibited. 13 At present, parties to Federal agreements have agreed on three methods to overcome a bargaining impasse: (1) By means of a factfinding com mittee; (2) mediation; and (3) submittal of issues in dispute to higher authorities. Various factfinding committees were established under the terms of about one-fourth of the agreements, scattered over 10 agencies, with the Veterans Ad ministration accounting for about three-fifths of the total. Nine out of ten bar gaining units were made up of wage board or comprised both wage board and classified employees. 13 Section 8 (b ) of the order permits advisory arbitration of grievances, but states that this does not apply to "changes in or proposed changes in agreements or agency p olicy. " 53 Agreements A rm y__________________________ N a v y __________________________ Health, Education, and WelfareInterior________________________ L a b o r -------------------------------------Treasury----------------------------------General Services Administration Railroad Retirement B oa rd ____ Smithsonian Institution -----------Veterans Administration------------ 20,126 5 1 3 9 1 1 1 1 1 29 Total Employees covered 52 Agency 1, 127 30 2,415 423 45 118 67 1,800 30 14,071 While some factfinding committees were made up of an equal number of management and union representatives, others provided for an additional member to be selected by the parties. The agreements, however, failed to indicate whether the additional member was to be an outsider or could be an agency employee or in some way connected with the parties. While the power of some committees was limited to a statement of findings, to be presented to the negotiators, in a few cases it extended to both findings and recommendations. W hen an agreement is not reached in direct negotiation under this agreement, the chief of the pay ment center and the union shall, in good faith, exhaust a ll acceptable techniques of c ollective bar gaining. After all acceptable techniques of collective bargaining have been exhausted and there is still an impasse in negotiations, a factfinding com m ittee as hereinafter provided for, m ay be appointed to study the situation. The findings of the factfinding com m ittee w ill be used by the negotiating com m ittee to help resolve the issue . . . The payment center chief determines the need for factfinding com m ittees as provided for in this agreement, after consultation with the union. Such com m ittees shall consist of an equal number of representatives appointed by the payment center chief and the union president, respectively. (52) > !< >',< -v W hen agreement cannot be reached upon working conditions or matters subject to negotiation, the negotiating parties shall submit the dispute to a joint factfinding com m ittee consisting of five m e m bers, two selected by the agency, two selected by the union and the fifth m em ber w ill be selected by the four members. The factfinding com m ittee shall ascertain the facts involved and submit its findings and recom m end a tions to the negotiating parties within 10 days. (99) >!< * s|e W hen agreement cannot be reached on any matter(s) subject to negotiation or being negotiated . such m a tters) shall be submitted by the negotiating parties to a joint factfinding c om m ittee. The factfinding com m ittee shall consist of five members, two selected by the em ployer . selected by the union . . . and the fifth selected by the four members. . . . . two The factfinding com m ittee shall ascertain the facts involved and submit a report of its findings and recom mendations to the negotiating parties within 10 days. The negotiating parties shall then, if possible, resolve the findings and recommendations so reported. (100) disputed matter(s) in the light of the Typically, VA agreements specifically ruled out recommendations by factfinding committees. These agreements were also unique in the procedure set forth on how to resolve issues still in dispute. When agreement is not reached after serious and diligent submit the issue to a joint factfinding com m ittee. negotiation, the parties hereby agree to 54 The com m ittee shall consist of three VA em ployees; Veterans Administration Hospital . . . m anage ment and Lodge 331 . . . shall each appoint one m em ber and these two shall select the third m e m ber. No m em ber of the negotiation com m ittee shall serve on the factfinding c o m m ittee. The issues in dispute w ill determine the amount of tim e to be granted the com m ittee in securing the facts. The parties w ill, upon submitting a disagreement to the factfinding c o m m ittee, set a specific date for the com m ittee to report. O ffic ia l duty tim e shall be allow ed the com m ittee for discharging its functions. The com m ittee shall, by inquiry, research and conference, ascertain the exact facts at the basis of the dispute and submit their findings, without recom mendations, to the negotiating parties for consideration. The parties w ill consider the facts submitted by the com m ittee and w ill make at least one more effort to reach agreement within 30 days after receipt of the report. In the event the parties are still unable to reach agreem ent, negotiations on the disputed issue w ill terminate at the end of the 3 0 -d a y period. (1 0 1) In several agreements, particularly those negotiated by the Department of the Interior, a factfinding committee was set up before negotiation got under way so as to help define the issues before the parties. These agreements, it should be noted, also provided for subsequent mediation and, should this turn out to be unsuccessful, for referral to a higher agency official to render a final and binding decision. The factfinding clause read as follows: Prior to such negotiations, the regional director and the union shall set up a joint factfinding com m ittee for the purpose o f establishing any relevant facts pertaining to rates o f pay, job com parability, and working conditions. Consideration shall be given by the negotiating com m ittees in their nego tiations to any facts so established and to such other evidence as m ay be submitted by either party. (102) Mediation. The use of qualified neutrals to help resolve contract dis putes was provided for in a relatively small number of agreements (24), with onehalf of these accounted for by a single agency, the Department of the Interior. Agreements Employees covered T o t a l----------------------------- 24 7,897 Agriculture____________________ Commerce-------------------------------D efen se----------------------------------Army---------------------------------------N avy---------------------------------------In te rio r----------------------------------General Services Administration 1 1 1 6 2 12 1 2,528 80 264 3,697 548 697 83 A gency Mediation, as the term is customarily understood, is a process whereby a neutral assists the parties, at their request, in reaching an agreement and was so treated in the majority of the contracts. At such tim e as negotiations reach an impasse, either party m ay invoke the services o f a m ediator who shall be the joint selection o f both parties. The m ediator shall use his best efforts to bring the parties to agreement by m ediation. Expenses arising from em ploym ent o f a m ediator shall be borne equally by the union and the project. (65) # s jc >)< It is agreed by the em ployer and the em ployee organization that in the event o f disputes that occur during negotiations, and it is patently clear that agreement cannot be reached, a m utually agreeable third party w ill be used to develop facts and m ediate on an advisory basis. Such m ediation w ill not be construed or considered as advisory arbitration as provided in section 8 and 11 o f Executive Order 109 8 8 . (103) 55 In a few agreements, however, the mediator was also empowered to issue recommendations for settlements, a practice not usually found in agree ments in private industry. If consultation and negotiation on a negotiable matter fail to produce an am icab le agreem ent, it shall be the prerogative of either the head of the agency or the union to request the use of a dis interested third party for developm ent of facts bearing on the dispute and for the presentation of an advisory recom m endation. The use of such advisory m ediation shall in each instance be subject to the approval of the head of the agency and the union. The selection of a mediator shall be lik e wise subject to the approval of the head of the agency and the union. (104) . . . After three such meetings are held, if the matter remains unresolved, the corporation and the union shall submit the problem to an impartial expert, m utually agreed upon, who shall weigh the facts presented by both sides and endeavor to m ediate a settlem ent. The mediator shall document his actions and advice in the performance of his functions and present a copy thereof with his re c ommendations for settlem ent to both sides. His services shall be terminated as the parties m ay decide, provided that the m ediation period shall not extend beyond a 3 -d a y period unless agreed upon between both parties. The cost of the services of the mediator shall be paid by the corporation and the union in equal shares. (31) If an impasse in negotiation has been reached, representatives of m anagem ent and the association m ay, upon mutual agreement to m ediate, m eet within 10 days to agree upon the selection of a mediator from within the Federal Government Service. If agreement cannot be reached, then either the association or m anagement m ay request the Federal M ediation and C onciliation Service to submit a list of five impartial persons qualified to act as mediators. The parties w ill m eet within 5 days after the receipt o f such a list. If they cannot m utually agree upon one of the listed mediators, then m anagement and the association successively w ill each strike one m ediator's name from the list of five, and shall then repeat this procedure. The remaining name shall be that of the duly selected mediator. The mediator w ill be requested to m eet with the parties, study the issues, and make recommendations and suggestions designed to assist the parties in resolving the matters at issue. (105) As the above clauses indicate, the cost of the service, where indicated, was to be shared equally by the parties. In one agreement, however, the em ployer agreed to pay expenses for negotiations and mediation if the dispute reached designated agency and union levels: Expenses for the national joint council chairman, the service le v e l negotiating com m ittee, mediator in the resolution of impasses shall be borne by the service or division. (106) and the Decision and Appeals. Finally, should the negotiators, with or without the help of factfinding and/or mediation, be unable to resolve an impasse, they could, under the terms of about one-fourth of the agreements, submit the issues in dispute to an agency official for a final and binding decision. This method of arriving at a contract settlement was a feature of agreements in the Depart ment of the Interior and the General Services Administration, as the following clauses illustrate: If efforts to bring about agreement through m ediation are not successful, the dispute shall be sub m itted by the parties to the Director, Bureau of C o m m ercial Fisheries, for consideration of the merits and his decision shall be final and binding on both parties to the dispute. Copies of briefs, docu mentary evidence, statements by the mediator, or other m aterial filed with the bureau director as pertinent to the dispute by either the regional director or the union shall be furnished to the other party to the dispute. (107) > ;< > jc Impasses between the employer and the em ployee organization m ay be submitted to the Administrator of GSA. The two parties m ay submit a joint statement in writing explaining the issue and their differing points of view , or they m ay submit separate statements. If deem ed necessary, the adm in istrator or the assistant administrator for finance and administration m ay require further investigation or hearing at the lo ca l le v e l. The decision of the administrator w ill be binding upon all c o n cerned. (108) 56 In contrast, in a few agreements, the authority of higher management was limited to an advisory opinion, for consideration by the negotiators: If the problem is not resolved after the negotiating parties exam ine the /fa c tfin d in g / com m ittee re port, the matter shall be referred to the Department le v e l for an advisory opinion, and a copy of the referral sent to the National O ffice of this Federation. (99) Finally, issues not settled at the local level could also be referred to higher management and union levels for further negotiations. If the j/negotiatin^y com m ittee is unable to agree upon any negotiable matter properly before it for consideration, the dispute w ill be referred to the Department of the A rm y, Washington, D. C . , through channels, and the International Brotherhood of Electrical Workers, Washington, D . C . , for decision. The resulting agreement shall then constitute a supplementary agreem ent, or an am endm ent to this agreement, as appropriate. (30) >\< jjc In lieu of the use of such /T actfinding/ com m ittee, the union and the employer m ay agree to an impasse reviewed at higher levels in both the Arm y and the em ployee organization. (74) have Grievances and Arbitration The term "grievance" has a more limited application in the Federal Serv ice than in private industry. 14 Chapter 771 of the Federal Personnel Manual describes a grievance as "a matter of personal concern or dissatisfaction to an employee the consideration of which is not covered by other systems for agency review. " Employee grievances may include matters such as working conditions, relationships with supervisors, management decisions covered by the agency’ s grievance procedures, and implementation of personnel policies and employee management agreements. Grievances can be initiated by an employee or group of employees; they may not be initiated by an employee organization, although an organization may represent employees in a grievance action. Each Commission, agencies may recognition. agency, subject to broad standards issued by the Civil Service is free to establish its own grievance system. Within its system, negotiate specific procedures applicable to an exclusive unit of Such procedures may include provisions for advisory arbitration. The President's task force, after an extensive study of agency griev ance systems, stated that "most large agencies of the Government in which em ployee organizations are active will find it both necessary and desirable to pro vide such organizations with a recognized role in the grievance system . . . " In addition, it recommended that a provision for advisory arbitration may be included in agency agreements. It further suggested that agreements should not "be allowed to impair the right of an individual employee to handle his own grievance . . . and to choose his own representative. However, a repre sentative of an organization granted exclusive recognition has the right to be present at such proceedings. " These points were subsequently incorporated in the Executive order as follows: Section 8 . (a) Agreem ents entered into or negotiated in accordance with this order with an em ployee organization which is the exclusive representative of em ployees in an appropriate unit m ay contain provisions, applicable only to em ployees in the unit, concerning procedures for consideration of grievances. Such procedures (1) shall conform to standards issued by the C iv il Service Com m ission, and (2) m ay not in any manner diminish or impair any rights which would otherwise be available to any em ployee in the absence of an agreement providing for such procedures. (b) Procedures established by an agreement which are otherwise in conformity with this section m ay include provisions for the arbitration of grievances. Such arbitration (1) shall be advisory in nature with any decisions or recom mendations subject to the approval of the agency head; (2) shall extend only to the interpretation or application of agreements or agency p olicy and not to changes in or proposed changes in agreements or agency policy; and (3) shall be invoked only with the approval of the individual em ployee or em ployees concerned. 14 For an analysis of policies in private industry, see Major C o lle c tiv e Bargaining Agreem ents: cedures (BLS Bulletin 1 4 2 5 -1 , 1964). Grievance Pro 57 The present study reveals that one of the points or more mentioned in the Executive order have been incorporated in about two-thirds of the agreements. Most, to be sure, simply refer to notice to the union that a grievance has been filed or emphasize an employee’ s right to process a case on his own. A con siderable number, however, have established a variety of procedures patterned after those in private industry, spelling out such matters as its scope, proce dural steps, time limits, and the conduct of (advisory) arbitration hearings. It is also an area marked by a diversity of approaches among agencies and unions, which defy easy categorization as indicated by the illustrations cited in subse quent paragraphs. Rights of Union and Individual. The single most prevalent reference to grievance matters, found in about two-thirds of the contracts, was a state ment that the union was to be notified or be present at formal grievance pro ceedings in cases, presumably, where the employee had not selected it as his representative. The right of the employee to initiate and process a grievance unaided by the union was emphasized in more than one-half of the agreements, often by offering him a choice between the agency and the negotiated procedures. As exclusive representative . . . the lodge shall have the right to consult with m anagem ent at any stage of a grievance . . . The lodge shall have the opportunity to be represented at discussions b e tween m anagement and em ployees or em ployee representatives concerning form al grievances. The lodge m ay also provide an em ployee with a representative to represent and assist him in the pre sentation of a grievance . . . when desired by the em ployee concerned . . . The lodge shall be notified of grievances when they are submitted in writing . Nothing in this section precludes an em ployee from represent him in a grievance . . . (109) designating the . . union or any other person to . . . this agreement does not preclude any em p loyee, regardless of em ployee organization m em b er ship, from bringing matters of personal concern to the attention of appropriate officials . . . or from choosing his own representative in a grievance or appeal action. . . . A representative of the union shall be given the right to be present when an em ployee in the unit presents his grievance or appeal to m anagem ent . . . (110) vU v»c Any individual em ployee, or group of em ployees, shall have a right at any tim e to present grievances and have such grievances adjusted without representation of the union as long as the adjustment is not inconsistent with the terms of this agreement, providing further that the proper union representative shall have been given the opportunity to be present at such adjustment. If not more than two e m ployees are involved in such a situation and neither requests representation by the union, the union representative shall still have the right to be present at all discussions and hearings with his attendance at the proceedings charged to his annual leave or LWOP, at his discretion. (53) The com plaint or grievance w ill first be presented by the aggrieved em ployee and representative of his choice if he desires one . . . /t h e e m p lo y e e / w ill . . . indicate in writing on a form mutually agreed to by the employer and the union, the choice of either this negotiated grievance procedure or established Coast Guard appeals or grievance procedure as appropriate . . . If the em ployee selects the Coast Guard general procedure, and if the em ployee does not choose a union member as his representative, the union w ill be given the opportunity to have an observer present at d is cussions between the em ployee and supervisory officials concerning the grievance . . . (63) > !< The union has the right to . . . '!' be present throughout a grievance hearing as an observer in the event the em ployee does not choose the union to represent him . (Ill) An em ployee has the right to select whomever he desires to represent him . The union shall have the follow ing rights in form al grievances: (1) T o be notified of the tim e and place of the proceedings at each step of the grievance. (2) T o be present at all steps of the grievance. (3) T o be furnished with a copy of the written decision and summary, at any step at which a written decision and/or a summary is involved. (4) T o have an opportunity to state its position on grievance whether or not it is the designated representative of the aggrieved. (112) 58 A few agreements which specifically gave the union the right to exer cise its judgment whether to process a grievance also permitted it to pursue the particular issue on its own, in the following manner: Nothing in the procedure set forth in this article shall be construed as to in any manner diminish or impair any rights which would otherwise be available to an em p loyee in the unit. Nothing in this agreement shall be so interpreted as to require the council to represent him , if the council considers the grievance to be invalid or without m erit. If at any step o f the grievance procedure set forth herein the aggrieved em ployee decides to accept the decision rendered by the responsible o ffic ia l of the employer, the grievance shall be term inated. However, if the council feels that a significant issue of general application still requires resolution, the council m ay pursue the matter under the provisions of A rticle V , matters Appropriate for Consultation and N egotiation. (38) Scope of Procedures. The scope of the grievance fined either by listing the types of disputes subject to it or issues excluded from the process. In the latter case, the referred to separate appeals procedures which, as set forth and regulations, could be invoked for particular issues. procedure was de by also stating the agreement usually in applicable rules Generally, grievances relating to the interpretation and application of the agreement were admissible, as were complaints about working conditions. Issues frequently excluded were those dealing with various disciplinary (adverse) actions, security clearances, reduction-in-force, and equal employment opportunities. An em ployee or group of em ployees m ay present in writing any disagreement with the com mission growing out of grievances related to the application or interpretation of this agreement . . . (46) > > > !< :< !< Be "g r ie v a n c e " we m ean an em ployee's feelings of dissatisfaction with some aspect of his em p loy ment or with a m anagem ent decision affecting him . For exam ple, dissatisfaction with working condi tions or work relationships; promotional disputes; b e lie f that an admonishment or reprimand is un justified; or com plaints arising from reassignments and transfers for administrative purposes. (37) % > i< !< | . . . These procedures apply to an em ployee's expressed fe e lin g of dissatisfaction with aspects of his working environment or work relationships and m anagem ent decisions concerning them which are out side his control. The procedures also cover the application of established personnel practices and the interpretation and application of this agreem ent. These procedures do not apply to cases in which other Coast Guard, Treasury, or C iv il Service Com m ission regulatory or statutory appeals procedures are applicable . . . (63) s[c >|c >jc T o provide for the m utually satisfactory settlem ent of questions involving the interpretation or appli cation of this agreement or any alleged violation thereof, or any other dispute which m ay arise b e tween the parties, or with the interpretation or application of agency policies and regulations. G riev ances resulting from the follow ing types of actions w ill not be considered under this agreem ent, as separate avenues of appeal are established: R edu ction s-in -force (NCPI 351) Position classification (NCPI 512) Performance ratings and related letters (NCPI 430) Discrimination and Government em ploym ent policy (NCPI 713) Incentive awards (NCPI 450) Adverse action under EO 10450 and failure to be cleared for sensitive duties (NCPI 732) Ungraded rating determinations, wage determinations and pay alignments (NCPI 531) Nonselection for promotion when the sole grievance is an allegation by an em ployee that he is better qualified than the person selected (NCPI 770) Letters of caution or requirement (NCPI 750) Adverse actions involving discharge, suspension for more than 30 days, reduction in rank or compensation, or furlough without pay (NCPI 7 7 0 ). (20) 59 Procedural Steps. The process by which a dispute moved from the ag grieved worker through successive steps involving higher levels of union and management to final settlement was stipulated in slightly less than 50 percent (96) of the nonpostal agreements. Such procedures were negotiated by 15 agencies and 19 unions, in all but eight cases for employees in wage board or mixed units. A number of these also described such procedural aspects as time limits, wit nesses, and the availability of pertinent records and transcripts. Agreements Employees covered Total------------------------------- 96 80,778 Agriculture------------------------------Commerce-------------------------------Air F o r c e -------------------------------Army---------------------------------------Navy---------------------------------------Health, Education, and Welfare In terior----------------------------------Treasury ---------------------------------Civil Aeronautics Board---------Federal Aviation Agency---------Nadonal Labor Relations Board Railroad Retirement Board------Smithsonian Institution-----------Tariff Commission-------------------Veterans Administration----------- 1 3 1 16 40 1 14 3 1 3 1 1 1 1 9 2,528 230 1,430 8,620 59,693 14 724 464 11 793 42 1,800 30 7 4, 392 Agency A relatively simple procedure is represented by the following: The shop steward of the em ployee concerned w ill attem pt to settle the problem with the line super visor and is lim ited to the le v e l of the line supervisor in voicing the position of the em ployee and the AFGEC In the event that the shop steward and the line supervisor cannot settle the area of dispute to the satisfaction of both parties, the AFGE chief steward is then authorized to take the AFGE and the em ployee's views to the department head . . . W hen the department head and the chief steward cannot solve the problem, ment in principle or lim it of authority, the business agent of the AFGE position known to the employer or his designated representative. either due to disagree m ay make the union's If the business agent and the appointed m anagem ent official cannot resolve the grievance, the final step in the lo ca l grievance action w ill be consultations between AFGE officials of the Santa Ana Unit of Lodge 1881 and representatives of the em ployer. A written transcript of the final lo ca l grievance action w ill be kept in the sam e manner as hearings under NCPI 7 7 0 . (78) Provisions on procedural matters, where found, generally dealt with time limits and other aspects described below: The dispute or grievance shall first be taken up by the steward, the aggrieved em p loyee, and the appropriate supervisor of the em ployee involved. The supervisor must give his answer within 3 working days. If no satisfactory settlem ent is reached between the steward and the supervisor, the grievance shall be reduced to writing on a form m utually agreed to by the employer and the council and submitted by the chief steward within 3 working days to the department head concerned, who, with lesser ranking supervisors concerned, shall m eet with and discuss the grievance with the chief steward, the steward and the aggrieved em ployee or em ployees within 3 working days after receiving the grievance. If no satisfactory settlem ent is reached between them within the next 3 working days, then the grievance m ay be referred by the chief steward to the appropriate council officer for proc essing. It is agreed by both parties to this agreement that at this point the aggrieved em ployee w ill indicate in writing the choice of either the council's grievance procedure, a part of this agreement, or the Navy Grievance Procedure . . . If the council's grievance procedure is follow ed, appeal to step 3 must be within 3 working days . . . 60 Upon receipt of request from the appropriate officer of the council, the head of the activity, or his designated representative with such m anagem ent personnel as he deems necessary or desirable, shall arrange to m eet within 3 working days with appropriate officers of the council, the chief steward and the aggrieved em ployee or em ployees, in an effort to reach a satisfactory settlem ent of the grievance or dispute. In the event the grievance or dispute is satisfactorily settled, such settlem ent shall be reduced to writing and copies supplied to a ll persons involved. If the council is not satisfied with the settlem ent offered or the position taken on the dispute or grievance by the head of the agency, they m ay, within 30 calendar days thereafter, make form al request . . . that such unresolved grievance . . . be submitted to impartial arbitration . . . Any grievance not taken up with the em ployee's im m ediate supervisor within 10 days after the o c currence of the matter out of which the grievance arose, such grievance shall not be presented or considered at a later date. A ll tim e lim its specified in this article shall be exclusive of Saturday, Sunday, and holidays. Extensions m ay be m utually agreed upon to provide for unusual cases. A t each and every step of the grievance procedure, the council shall be permitted to c a ll relevant em ployee witnesses who shall suffer no loss of pay for so serving. The employer w ill, upon request, produce pertinent payroll and other records insofar as permissible without violating laws, regulations, and governm ental p olicy, for the purpose of substantiating the contentions or claim s of the parties, w ell in advance of the form al third step of the grievance procedure. Failure of m anagem ent to answer written grievances within the tim e lim its prescribed in each step of the grievance procedure shall permit the council to refer the case to the succeeding step of the procedure. (20) An element in the procedure of about one-half of the agreements covering grievances was the availability of a joint hearing or factfinding committee, usually at a later state of the process. The composition of these committees and their function in the grievance machinery are set forth in the following excerpts: Every effort shall be made to settle any grievance im m ed iately , but if the grievance is not satis factorily settled within 5 working days, it m ay be appealed through supervisory channels to the appropriate department chief. If it is not then satisfactorily settled within 5 working days, it m ay then be appealed to the personnel officer or other appropriate staff officer, and shall be discussed by the personnel officer or his designated representative and the president of the union or his repre sentative. If it is not then satisfactorily settled within 5 working days, it m ay be referred to the joint hearing com m ittee by either party . . . The joint hearing com m ittee shall make a report of its hearing and findings to the com manding officer within 10 working days . . . The union and the . . . agency shall each appoint two members and two alternates to joint hearing com m ittees composed of agency em ployees which shall hear all grievances not otherwise settled . . . The members of the join t hearing com m ittees shall organize by selecting a chairman and a secretary, which offices shall be fille d and held for 1 year alternately by a union m em ber and a department m em ber of the com m itte e . The com m ittees shall form ulate rules for the conduct of proceedings consistent with guidelines estab lished by the C iv il Service Com m ission for the conduct of hearings. (5) s j< * Step 1. Presentation, in person or in writing, of grievance to the im m ediate supervisor within 10 days after the crew m em ber learns of the circumstances giving rise to the dissatisfaction. Wherever possible, the supervisor w ill give his decision in 24 hours. Step 2. If not satisfied with the im m ediate supervisor's decision, or if the supervisor cannot act on tEe" grievance, presentation of the grievance, personally or in writing, within 24 hours to the depart ment head. Wherever possible, the department head w ill give his decision within 24 hours. Step 3. If the crew m em ber is not satisfied with the department head's decision, he m ay within 24 hours appeal to the first stage of appeal, the master, in writing, via the department head. The letter w ill follow the outline of CMPI 7 7 0 . 2 -4 a . The purser w ill provide technical assistance and typing aid to the crew m em ber. 61 Step 4 . W ithin 48 hours after receipt of the appeal, the master w ill appoint a grievance hearing com m ittee to conduct a hearing. The com m ittee shall consist of one department head and two additional m em bers, all of whom shall be from departments other than that of the appellant. One of the additional mem bers shall be a m em ber of the unit to which this agreement is applicable. The com m ittee w ill conduct a hearing in accordance with CMPI 7 7 0 . 2 -4 d . W ithin 5 days after the conclusion of the hearing, the com m ittee w ill submit to the master a copy of the hearing record and the c o m m ittee's findings of fact. A copy of the report shall be furnished the appellant and his representative, and another copy w ill be furnished to CO M STSLAN TAR EA for transmission to the union. The master w ill notify the em ployee in writing of his decision within 3 calendar days after he receives the c o m m ittee's report. Step 5. If the crew m em ber is not satisfied with the decision of the master, he m ay appeal via the master to C O M STSLAN TAR EA, the second stage of appeal. This appeal must be in writing and be submitted within 5 days after receipt of the master's decision. If requested by the crew m em ber, the purser w ill provide technical assistance and typing aid. A copy of this appeal w ill be furnished the union. Step 6. The union, within 5 days after receipt of the copy of the appeal w ill notify C O M ST SLA N T AR EA, in writing whether it wishes to submit a statement of its position on the appeal. If the union does so indicate, it w ill submit such statement in writing within 10 days after the date of notifi cation to CO M STSLANTAR EA for his consideration before decision. In such case, CO M STSLAN TAREA w ill not make his final decision until after expiration of the tim e in which the union can submit a statement of its position. In any event, COM STSLAN TAREA w ill render his decision within 30 days after receipt of the seam an's appeal, wherever possible. (113) As noted in earlier clauses, the agreement frequently gave the employee a choice between the negotiated or the agency procedure in settling grievance disputes. In several agreements negotiated by the Veterans Administration, how ever, the negotiated procedure applied only to what was termed "informal1 adjust 1 ments; for grievances not resolved at this stage the agency procedure had to be used. The following procedure is an alternate and optional method that settlem ent of grievances by em ployees of the bargaining unit: m ay be used for the informal First Step: The em ployee w ill first take up his grievance with his im m ediate supervisor. The request for the informal adjustment of a grievance should be made as soon as possible and not later than 30 days from the date of the incident or circumstances com plained of occurred. The super visor is expected to give full and fair consideration to all available facts. He w ill see that any matters for which he does not have authority to make a decision, are brought to the attention of a higher le v e l supervisor who does have authority. A decision w ill normally be given within 5 working days, with the reason for the decision explained. Any reason for delay w ill also be explained. Second Step: If the em ployee is not satisfied with the decision of his supervisor, he m ay present the facts of the case to the com m itteem an assigned to his area to assist him in the informal settle ment of the grievance. The com m itteem an may discuss the grievance with the supervisor in an effort to effect a satisfactory settlem ent. Third Step: If the em ployee is still not satisfied with the decision of his supervisor and if he desires to pursue his grievance further with union assistance, he shall present the facts of the case in writing to his com m itteem an , and request the com m itteem an to engage the assistance of the chairman of the grievance com m ittee. The chairman of the grievance com m ittee w ill discuss the grievance with the chief of the division or service where the aggrieved em ployee is assigned. The chairman of the grievance com m ittee or the chief of the division or service m ay seek the advice and assistance of the personnel officer. The personnel officer m ay also be invited by either party to participate in the discussion(s). W ithin 5 working days the chairman of the grievance com m ittee w ill furnish the em ployee a signed statem ent summarizing the results of the discussion(s) with the chief of the d iv i sion or service. The chief of the division or service w ill also sign the statem ent. If the grievance is not settled inform ally, the em ployee outlined for grievance hearings. (114) m ay then use the existing V A procedure 62 In one case, the employee was free to abandon the negotiated for the agency procedure at any time. Before, during or after the em ploym ent of the procedure above set forth, the aggrieved em ployee m ay abandon the said procedure and proceed under the grievance procedure provided by the Depart m ent of Health, Education, and W elfare Personnel M anual. (53) Advisory Arbitration. Two-thirds of the 96 agreements establishing a grievance procedure permitted advisory arbitration of unsettled disputes as the next to the last step. The recommendations of the arbitrator were to be considered by the designated agency official authorized to make a final and binding decision. Agreements Agriculture---------------------Commerce------------------------Army--------------------------------Navy--------------------------------Interior---------------------------Treasury--------------------------Civil Aeronautics Board — Federal Aviation Agency — Railroad Retirement Board Veterans Administration-— 62,926 1 2 13 25 14 3 1 1 1 2 T o ta l---------------------- Employees covered 63 Agency 2,528 180 5,537 50,151 724 464 11 674 1,800 857 Advisory arbitration clauses shared a number of characteristics. The selection of the arbitrator was initially left to the parties; should they fail to agree, the Federal Mediation and Conciliation Service or another organization was to furnish a list of qualified candidates. Costs were to be shared equally, although, in some cases, agency expenditures could not exceed an amount set by regulations. If the em ployee wishes to take the grievance to arbitration, the assistant director-^health and safety— shall appoint an arbitrator recom m ended by the district supervisor and the president of the lodge. The arbitrator shall study all records of the case and conduct such investigations as he m ay deem necessary. He shall then recom m end a settlem ent to the assistant director— administration, Bureau of Mines, Washington, D. C . — through the assistant director— health and safety— with copies to the district supervisor, the lodge, and the em ployee. The assistant director— administration's decision on the advisory arbitration recom m endation w ill be final and binding on both parties. This constitutes the final disposition of the case under the authority of this agreement. The expenses of arbitration including the compensation and expenses of the arbitrator shall be borne equally by the lodge and the district. (115) * * * . . . arbitration shall extend only to the interpretation or application of an agreement or agency policy and not to changes in or proposed changes in agreements or agency policy. T he request for arbitration must be m ade in writing and include the written consent of the lodge to pay o n e -h a lf of the cost of arbitration. T he cost of this arbitration w ill com e exclusively from the lo ca l funds of Lodge No. 1732, AFGE, and funds budgeted to the hospital. W ithin 3 working days after receipt of a request for arbitration, the party receiving the request shall arrange for a m eeting to choose an impartial arbitrator. If within a period of 10 days after the date of the m eeting, the parties fa il to agree on such im partial arbitrator, the A m erican Arbitration Association . . . shall be requested to submit a list of five names. W ithin 5 days of the receipt -of the names, the hospital and the lodge shall in joint session alternately strike four of the five names. The rem aining name shall be the arbitrator. The arbitrator shall proceed forthwith to e x am ine into and make determination of the matters in dispute. 63 A ll proceedings . . . shall be started and carried to conclusion as expeditiously as possible. Each party shall bear the expense of preparing and presenting its own case . . . The findings of the arbitrator shall be advisory to the hospital director, who w ill make a decision. The director's decision m ay be appealed to the Administrator within 10 calendar days from date of receipt of the decision . . . The arbitrator shall not have the authority to add to, subtract from or m odify any provisions of this agreem ent, nor to submit findings on any question except the one submitted for arbitration. (37) About one-half of the arbitration provisions specified that hearings would be on official time, without loss of pay to the grievant, union representatives, or witnesses. If the employer and the council fail to settle any grievance arising under A rticle X X I— Grievance Procedure, with respect to the interpretation, application, or alleged violation of this agreem ent, or of any policy or regulation of the activity, such grievance shall upon written notice by the party requesting arbitration, and the approval of the em ployee concerned, be referred to arbitration. Such written notice must be served not later than 30 working days following conclusion of the third step of the grievance procedure. W ithin 7 working days from the date of receipt of the arbitration request, the parties shall m eet for the purpose of endeavoring to agree on the selection of an arbitrator. If agreement cannot be reached, then either party m ay request the Federal M ediation and C onciliation Service to submit a list of five im partial persons qualified to act as arbitrators. The parties shall m eet within 3 working days after the receipt of such list. If they cannot m utually agree upon one of the listed arbitrators, then the employer and the council w ill each strike one arbitrator's name from the list of five and shall then repeat this procedure. The remaining name shall be the duly selected arbitrator. The fee and expenses of the arbitrator shall be borne equally by the employer and the council, provided that the em ployer's share of the per diem cost of the arbitrator's fee does not exceed that authorized by applicable regulations. The arbitration hearing shall be held during the regular day shift work hours of the basic workweek of Monday through Friday and the em ployee representative, em ployee appellants and em ployee witnesses shall be in a pay status without charge to annual leave while participating in the arbitration proceedings. The arbitrator is requested by the parties to render his decision as quickly as possible but in any event no later than 30 days after the conclusion of the hearings unless the parties otherwise agree. (19) Eight agreements, covering mainly maritime waived the use of grievance arbitration for the present. personnel, specifically Until such tim e as additional experience is gained by both parties under the operation of the agree m ent, it is resolved that the subject of advisory arbitration of grievances not be included in this agreem ent. Should future experience show an appreciable number of irreconcilable differences, this matter m ay be reopened in accordance with section 4 , A rticle X (Reopenings and Am endm ents). (113) In one agreement, advisory arbitration was available for individual but not for group grievances, defined as follows: Individual Grievance. An individual grievance is an em p loyee's expressed feelin g of dissatisfaction with aspects of his working conditions and relationships which are outside his control, the solution or settlem ent of which w ill usually affect only that particular individual. Group Grievances. Matters affecting general working conditions which m ay be matters of em ployee concern, such as those regarding general policy, administrative practice and working conditions. Group grievances are not subject to advisory arbitration. This type of grievance m ay go through a ll the steps set forth in this plan up to "advisory arbitration. " If the director's decision is not acceptable to the union, the group grievance matter m ay be referred by the union to the Secretary of the Navy via NPPS, Individual or elect . . . identical (116) grievances m ay be Washington, subject to advisory D. C. arbitration if the em ployee(s) 64 Supplemental Agreements By late summer 1964, parties to 30 of the 208 nonpostal agreements had negotiated supplements to the basic agreements which, in almost all cases, addressed themselves to two issues or more. About two-thirds of the basic agreements, it is of interest to note, contained little more than recognition clauses and restatements of several sections of the Executive order. The subject most frequently dealt with in these supplements was the e s tablishment of a grievance procedure, added to 12 contracts. Next in prevalence were aspects of hours of work and rights of union stewards (nine agreements each) and union representation on various committees (eight). Provisions for dues checkoff were found in seven supplements, as were those on matters re lating to annual and sick leave. Scattered through several other supplements were clauses dealing with promotion policies, training, work by supervisors, and subsistence and quarters allowances for seagoing personnel. Almost all of these aspects have been accounted for in the appropriate sections of this bulletin. Chapter III. Provisions in the National Postal Agreement The approximately 471,000 postal employees accounted for by the depart mentwide Post Office agreement with six unions, 1 as noted earlier in this bulletin, 5 represented the largest group of Federal employees covered by a collective bar gaining agreement negotiated under Executive Order 10988. In addition to the national agreement, local post offices and various postal unions are expected to negotiate more than 20,000 supplementary local agreements, in the future (more than 12,000 had been reached during 1964). Such agreements, however, since they deal with purely local situations, are outside the scope of this study. The employee organizations which are parties to the nationwide agree ment received exclusive recognition on September 11, 1962. Their employment coverage and their total membership for 1964, according to reports submitted to the Bureau were as follows: Employee organizations Employment 1964 coverage membership2 United Federation of Postal Clerks ---------------------------------------228,740 National Association of Letter Carriers of the United States of Am erica--------------------------------------------------------171,351 National Rural Letter Carriers* Association (I n d .)--------------------43,276 National Association of Post Office and General Services Maintenance Employees (In d .)----------------------------------------------------19,805 National Federation of Post Office Motor Vehicle Employees____ 4,224 The National Association of Special Delivery Messengers_________ 4,018 139,000 167,913 42,300 8,424 6,200 1,500 1 The Post Office Mail Handlers, because of the recognition date, are not accounted for in the above tabulation. (See footnote 15.) Source: Reports submitted for the forthcoming Directory of National and International Labor Unions in the United States, 1965. NOTE: All unions are A FL-C IO affiliates unless designated independent (Ind.). Labor-management activities, however, are not limited to employee organizations having exclusive status. The Department also deals with six other organizations, including three associations of supervisors, which had secured formal recognition by late summer 1964. Employee organizations 1 National Association of Post Office Mail Handlers, Watchmen, Messengers and Group L e a d e rs----------------------National Alliance of Postal Employees (Ind.)--------------------National Association of Postal Supervisors (Ind.)--------------National Postal Union (In d .)---------------------------------------------National Association of Postmasters (In d .)-----------------------National League of Postmasters of the United States (Ind.)— Date of recognition Sept. 11, 1962 Sept. 11, 1962 Apr. 1, 1963 Sept. 1, 1962 Apr. 1, 1963 Apr. 1, 1963 1964 . . membership £ 29,000 26,000 28,000 62,000 33,881 14,500 See notes to the tabulation above. The National Association of Post O ffice M ail Handlers, W atchm en, Messengers and Group Leaders (AFL-CIO ) received exclusive recognition from the Post O ffice Department on D ec. 8, 1964, and on Feb. 18, 1965, becam e the seventh union to be covered by the National Postal Agreem ent. As of late 1964, the total number of workers covered had risen to 515, 00 0 . 65 66 The initial national agreement, signed on March 20, 1963, was in effect from April 1, 1963, to March 31, 1964. The second agreement was signed on June 18, 1964, to run from July 1, 1964, until October 31, 1965. Several key features of the second agreement are described in the following sections. 16 The postal agreement is noteworthy not only for the extent of its worker coverage (it is the largest agreement in the United States with a single employer), but also, when compared with other Federal agreements, for the scope and de tail of its provisions. Its 25 articles and 5 supplements (for particular crafts) cover 87 printed pages. A number of provisions deal with issues which relate specifically to postal operations, such as ’’Tools for Vehicle Maintenance Per sonnel," "City Carrier Transportation (Driveout) Agreements, " "Heavy Duty Com pensation,’’ and "U n iform s." Other provisions follow the practice of Federal agreements generally of incorporating parts of the Executive order, such as the ban, in section 2, on strikes, discrimination, and subversive activities. An interesting departure occurs in the agreement* s section dealing with management rights. As required by section 7(1) of the order, the agreement emphasizes that it is subject to all laws and regulations, but then goes on to say, "except as provided in article XXIV, entitled Postal Manual Conflict. " This article reads as follows: T o the extent provisions of the Postal Manual which are in effect on the effective or renewal date of the agreement are in conflict with this agreement the provisions of this agreement w ill govern. Since this agreement is national in scope, it covers, in addition to labormanagement relations at the national and regional level, procedures which are to govern local negotiations and alleged violations of the national agreement at local installations. At the national level, it calls for regular monthly meetings between Post Office and union officials "to confer, but not negotiate, with respect to nationwide personnel policies and practices and matters affecting working conditions, matters affecting the basic agreement, supplements thereto and interpretations and disputes arising out of local agreements. " Disputes concerning local agreements, however, must first be considered at the local and regional levels. Regional meetings, designed to achieve "full and complete communication from management to employee and employee to management, " are to be held at least quarterly, at no loss of pay to employee representatives. Similar quarterly meetings are to be held at local installations, but may be dispensed with at small post offices "where there exists daily contact between the postmaster and all or the majority employees . . . " While the total number of employees who may attend such meetings is a matter for local negotiations, the number authorized on official time is designated as follows: One representative from each craft or occupational group having exclusive recognition with 25 or less regular em ployees; 2 representatives from each craft or occupational group having exclusive recognition with 26 or more regular em ployees. Craft or occupational groups represented by an em ployee organization not having exclusive recognition shall not be invited or attend these m eetings. Extensive rules are set forth for the conduct of local negotiations, dealing with such procedural aspects as time and place of meetings, designation of spokes men, various committees, availability of specialists and technicians, use of written ^ Note that wages and fringe benefits for postal em ployees are prescribed by statute. ules are in effect for Post O ffice headquarters em ployees and those in the field service. Different w age sched 67 proposals and counter-proposals, etc. On the methods for resolving a local con tract deadlock, the agreement has this to say: It is mutually agreed that an impasse occurs only after both parties have presented proposals and counter-proposals in good faith and both parties have considered the proposals and counter-proposals o f the other party in good faith and despite such honest and diligent efforts no agreement can be reached on the subject being negotiated. When it has been determined that an impasse has been reached, the following shall be the procedures: Impassee items shall be reported at the conclusion of the 10th and 20th days o f the negotiation period to the special assistant for em ployee relations and the regional representative o f the organization(s) for recom mendations. Such submission shall be signed by the ch ief negotiator o f both parties. Furthermore, issues not resolved during negotiations may be reopened by mutual consent 6 months after the local agreement's effective date. Local agreements are subject to review by regional post office and union officials for conformance with the national agreement, laws, and postal regula tions. If a particular provision is held to be invalid, the matter can then be resolved at successively higher levels of authority: In order to preserve the spirit in which these negotiations were entered into and the agreements reached, the review shall not result in an invalidation of an entire article covering a particular subject because one o f the provisions o f the article is alleged to be invalid. If the regional and em ployee organization reviewers agree that deletion, addition, or re-wording of an article or pro vision can be m ade without changing the intent or operation o f the article or provisions in question, it shall be remanded to the postmaster and local em ployee organization with the suggested language changes. Such suggestions w ill not be adopted except by mutual consent o f both parties at the lo ca l le v e l. Should the review result in an allegation that there is a conflict in law, the Postal Manual or the national agreement, and supplements thereto, consultation shall be arranged between the regional special assistant for em ployee relations and the regional representative of the organization concerned. If the matter can be resolved by means o f this consultation, the postmaster and lo ca l em ployee organization shall be notified o f the decision agreed upon. In n o case s h a ll a n a rtic le o r p ro v is io n b e in v a lid a te d u n til a fte r it has b e e n re v ie w e d b y th e re g io n a l o fficia l and the em ployee organization representative. If the issue cannot be resolved at the regional le v e l it shall be forwarded to the special assistant for em ployee relations, bureau o f personnel, who w ill review the alleged invalidation with the repre sentative o f the em ployee organization concerned. N otification o f the decision arrived at shall be given to parties in volv ed. If the alleged invalidation deals with an interpretation o f the national agreement or supplements thereto, and an em ployee organization other than one having exclusive recognition at the national le v e l is involved, the em ployee organization that has exclusive recognition for the craft shall be present at the m eeting with the special assistant for em ployee relations, bureau of personnel and the em ployee organization. Charges concerning violations of the national agreement at the local level are to be filed with a designated regional postal official. If the charge is up held, the installation head is to be ’’advised" to take corrective action. If not upheld, the official and union representatives will attempt to settle the dispute on the basis of previous interpretations made at the national level. Failing this, the dispute is then referred to Washington for joint discussions and, by mutual agreement, can be submitted to advisory arbitration. 68 Two related topics, discipline and actions arising therefrom, are treated at length in separate sections. Article VIII, Policy on Discipline, emphasizes that M the action taken shall be corrective rather than punitive and that it must be influenced by impartial considerations of the dignity of the individual, justice and equality." Two types of disciplinary actions are described— informal, to con sist of discussions, counseling, and a letter of warning; and formal, leading to reprimand, suspension, and finally, removal. An elaborate appeals procedure is available to employees faced with an "adverse action" (suspension, discharge, furlough without pay, and reduction in rank or compensation). The notice of proposed adverse action against an employee "must state specifically and in de tail the reason for the action thereby affording the employee a fair opportunity of offering refutation to the charges . . . " The employee can then present his case to a hearing officer who subsequently "will present a summary of the hearing and his findings of fact as well as other record evidence to the regional direc tor . . . The hearing officer shall not make any recommendation for a decision or state whether or not charges are sustained. " Ten days later, the regional director notifies the employee of his decision who, in turn, has the choice of either asking for advisory arbitration or bypassing this step by appealing directly to the Departments Board of Review and Appeals. The board may, at its dis cretion, schedule a second hearing. Its decision "is final . . . and shall be considered as the decision of the Postmaster General. In cases involving policy matters the board may make privileged recommendations to the Postmaster General who will render the final decision. " The possibility of further appeals to the Postmaster General would seem to be available under the following clause: The Postmaster General retains the authority to review particular decisions o f the Department's Board of Appeals and R eview and to direct further consideration. The negotiated grievance procedure applies to any employee1s "dissatis faction" arising out of his job and where "the remedy sought is within the authority of the Postmaster General . . . " , and can also be invoked in promotion disputes and alleged violations of local agreements. Supervisors, the contract stresses, should try to resolve misunder standings and problems before they develop into formal grievances. "To this end, the practice of friendly discussions of problems between employees and their supervisors is not only encouraged but directed. " Under this policy, the initial meetings involve the employee, his union representative, the immediate super visor, and the installation head. If these meetings fail to settle the grievance, it is then submitted in writing to the installation head for decision. Subsequently, the aggrieved employee can, within designated time limits, call for a hearing or he can appeal directly to the regional director (the so-called "second level of appeal"). In either case, the next decision is made by the regional director. The hearing committee is made up of the following members: The grievant w ill name the person o f his choice to be a m em ber, the installation head w ill name the second m em ber, and these two members w ill agree, within 3 working days, on a third m em ber who w ill act as chairman. A ll three members must be em ployees o f the postal service . . . As for the conduct of the hearing the agreement stipulates these rules: . . . W hile the hearing com m ittee w ill listen to and ask questions o f both sides, there shall be no confrontation o f witnesses nor shall either side be perm itted to cross-exam ine the other . . . . . . W hile the hearings w ill not be lim ited by le ga l rules o f evidence and procedures, testimony should be within reasonable bounds o f relevancy . . . The grievant and his representative shall be present throughout the hearing. A n abstract o f the proceedings covering all pertinent facts shall be kept. The abstract shall be signed by and copies furnished to all members o f the hearing c om m ittee. Within 5 working days after the com pletion o f the hearing, the hearing com m ittee shall furnish the installation head, the grievant and his representative with a summary of the hearing together with its decision . . . 69 One of two further appeal steps are available to a grievant dissatisfied with the regional d irectors decision: (1) He can ask for advisory arbitration, or (2) he can submit his case to the Departments Bureau of Review and Appeals. The latter body functions here in the same way as in adverse action cases. Its decision is final, but the agreement also states that "These procedures in no way impair the residual authority of the Postmaster General," thereby perhaps per mitting a further consideration of cases. The role of the union in the grievance process is set forth in a sepa rate section: The exclusive organization at each le v e l has the following rights in grievance matters processed at that le v e l: (1) To be notified o f the tim e and place o f the proceedings at each step of the grievance b e gining with discussion with the head of the installation or designee. (2) To be present at all steps o f the grievance procedure. (No right to be present at initial contact with the supervisor if the aggrieved has not selected a representative. ) (3) The organization, if any, with exclusive recognition at the level where the grievance is being processed shall be furnished with a copy o f the written decision and summary, at any step at which a written decision and/or summary is involved. (4) If not the designated representative o f the grievant, shall have an opportunity to state the exclusive organization's position on the grievance. This right shall be exercised only one tim e , at each step, and shall follow the presentation m ade by the em ployee and/or his representative. Advisory arbitration, as noted earlier, can be resorted to in adverse actions and grievances after the first and second level of appeal, respectively, 1 7 but, by mutual consent, can also be used to resolve differences regarding the meaning and application of agreement provisions, including violations of the na tional agreement at local installations. Before arbitration can be invoked, the union must agree to pay one-half of the cost. The arbitrator is selected by the parties from a list of five fur nished by the Federal Mediation and Conciliation Service. On the matter of procedural rules and powers of the arbitrator, the agreement provides: The method to be used in arbitrating the dispute is under the arbitrator's jurisdiction and control, subject to such rules and procedures as the parties m ay jointly prescribe. He is to m ake his own awards and write his own opinions based on the record established. He m ay not delegate this duty and responsibility to others in whole or in part without the knowledge and prior consent o f both parties. The power o f the arbitrator m ay be exercised in the absence o f any party, who after due notice, fails to be present or obtain a postponement. The advisory award o f the arbitrator, how ever, must be supported by evidence as it cannot be based solely upon the default o f a party. The arbitrators decision is subject to further appeals by either party within 10 days after receipt of the award. 17 For employees em ployed at lo ca l post offices, this level o f appeal is, in both cases, the regional director. For most other— and generally sm aller - -g roups, such as those em ployed in m ail equipment shops, supply centers, m oney order audit offices, etc. , the designated o fficia l is the bureau head. Appendix A Executive Order 10988 18 E m p lo y e e - M a n a g e m e n t C o o p e ra tio n In The F e d e r a l S e r v i c e W h e r e a s p a r tic ip a tio n of e m p lo y e e s in the fo r m u la tio n and im p le m e n ta tio n of p e r sonnel p o l i c i e s a ffe c tin g them contributes to e f f e c t i v e conduct of public business; and W h e r e a s the e ffic ie n t a d m in is tra tio n of the G o vern m en t and the w e l l - b e i n g of e m p l o y ees r e q u ir e that o r d e r l y and con s tru c tiv e r ela tio n sh ip s be m ain tained b etw een e m p lo y e e org a n iz a tio n s and m an agem en t o f f i c i a l s ; and W h e r e a s subject to law and the paramount r e q u ir e m e n t s of the public s e r v i c e , e m p lo y e e - m a n a g e m e n t re la tio n s within the F e d e r a l S e r v i c e should be i m p r o v e d by p ro v id in g e m p lo y e e s an opportunity fo r g r e a t e r p a rtic ip a tio n in the fo r m u la tio n and im p le m e n ta tio n of p o l i c i e s and p r o c e d u r e s a ffe c tin g the conditions of th eir e m p lo ym en t; and W h e re a s e f f e c t i v e e m p lo y e e - m a n a g e m e n t c o o p e ra tio n in the public s e r v i c e r e q u ir e s a c le a r statem ent of the r e s p e c t i v e righ ts and oblig ations of e m p lo y e e o rg a n iza tio n s and a gen cy m anagem ent: Now, t h e r e f o r e , by v ir tu e of the authority v e s t e d in m e b y the Constitution of the United States, by section 1753 of the R e v i s e d Statutes (5 U.S.C. 631), and as P r e s i d e n t of the United States, I h e r e b y d ir e c t that the fo llo w in g p o l i c i e s shall g o v e r n o f f i c e r s and a gen cies of the exe c u tiv e branch of the G o v e rn m e n t in a ll d ealin gs with F e d e r a l e m p lo y e e s and o r g a n ization s r e p r e s e n t in g such e m p lo y e e s . Sectio n 1. (a) E m p lo y e e s of the F e d e r a l G o v e rn m e n t shall have, and shall be p r o te c te d in the e x e r c i s e of, the right, f r e e l y and without f e a r of pen alty or r e p r i s a l , to fo r m , jo in and a s s is t any e m p lo y e e o r g a n iz a tio n or to r e f r a i n f r o m any such activity. E x c e p t as h e r e in a ft e r exp ressly p ro v id e d , the f r e e d o m of such e m p lo y e e s to a s s is t any e m p lo y e e o r g a n iz a tio n shall be r e c o g n i z e d as extending to p a r tic ip a tio n in the m an agem en t of the o r g a n iz a tio n and actin g fo r the o rg a n iz a tio n in the c a p a c ity of an o r g a n iz a tio n r e p r e sentativ e, including p re s e n ta tio n of its v ie w s to o f f i c i a l s of the e x e c u tiv e branch, the C o n g re s s or other a p p ro p ria te authority. The head of each exe c u tiv e d epartm ent and a gen cy ( h e r e i n a fte r r e f e r r e d to as " a g e n c y " ) shall take such action, consistent with law, as m a y be r e q u ir e d in o r d e r to a s s u re that e m p lo y e e s in the a gen cy a r e a p p r is e d of the righ ts d e s c r ib e d in this section, and that no in t e r f e r e n c e , r e s tr a in t, c o e r c io n or d is c r im in a t io n is p r a c t ic e d w ithin such a gen cy to e n cou rage or d is c o u ra g e m e m b e r s h ip in any e m p lo y e e organization. (b) The righ ts d e s c r ib e d in this section do ment of an e m p lo y e e o rg a n iza tio n , or acting as a w h e r e such p a r tic ip a tio n or a c t iv it y would r e s u lt in com p atib le with la w or with the o f f i c i a l duties of not extend to p a r t ic ip a t io n in the m a n a g e r e p r e s e n t a t iv e of any such o r g a n iz a tio n , in a c o n flict of in t e r e s t or o th e r w is e be an e m p lo y e e . S ection 2. When used in this o r d e r , the t e r m " e m p l o y e e o rg a n iz a t io n " m eans any la w fu l a sso cia tio n , la b o r o rg a n iza tio n , fe d e ra tio n , council, or bro th erh o o d having as a p r i m a r y pu rpose the im p r o v e m e n t of w o r k in g conditions among F e d e r a l e m p lo y e e s , or any c ra ft, trade or in du strial union whose m e m b e r s h ip includes both F e d e r a l e m p lo y e e s and e m p lo y e e s of p r iv a t e o rg a n iz a tio n s ; but such t e r m shall not include any o r g a n iz a tio n (1) w hich a s s e r t s the rig h t to s trik e against the G o v e rn m e n t of the United States or any a gen cy th e re o f, o r to a s s i s t o r p a r t ic ip a t e in any such s tr ik e , o r which im p o s e s a duty o r ob ligation to con duct, a s s is t o r p a r t ic ip a t e in any such s trik e , o r (2) which ad vocates the o v e r t h r o w o f the c o n stitutional f o r m o f G o v e r n m e n t in the United States, o r (3) which d is c r im in a t e s with r e g a r d to the t e r m s o r conditions of m e m b e r s h ip becau se of r a c e , c o l o r , c r e e d , o r national o rig in . 18 27 Federal Register 551. 71 72 S ection 3. (a) A g e n c ie s shall a c c o r d in fo r m a l, f o r m a l or e x c lu s iv e re c o g n it io n to e m p lo y e e o r g a n iza tio n s whic h re q u e s ts such r e c o g n it io n in c o n fo r m it y with the r e q u ir e m e n t s s p e c ifie d in sections 4, 5, and 6 of this o r d e r , except that no re c o g n it io n shall be a c c o r d e d to any e m p lo y e e o r g a n iz a tio n which the head of the ag e n c y c o n s id e r s to be so subject to c o rru p t influ ences or influences opposed to b a s ic d e m o c r a t i c p r in c ip le s that r e c o g n it io n would be inconsis tent with the o b je c t iv e s of this o r d e r . (b) R e c o g n itio n of an e m p lo y e e o r g a n iz a tio n shall continue so long as such o r g a n iz a t io n s a t is fie s the c r i t e r i a of this o r d e r applicable to such re c o g n itio n ; but nothing in this s ectio n shall r e q u ir e any a gen cy to d e te r m in e w heth er an o r g a n iz a tio n should b e c o m e or continue to be r e c o g n i z e d as e x c lu s iv e r e p r e s e n t a t iv e of the e m p lo y e e s in any unit w ithin 1Z months a fte r a p r i o r d e te rm in a tio n of e x c lu s iv e status w ith r e s p e c t to such unit h a s b een made pursuant to the p r o v is io n s of this o r d e r . (c) R e cogn ition , in w h a te v e r f o r m ac c o rd e d , shall not— (1) P r e c l u d e any e m p lo y e e , r e g a r d l e s s of e m p lo y e e o r g a n iz a tio n m e m b e r s h ip , f r o m b rin g in g m a t t e r s of p e r s o n a l co n c e rn to the attention of a p p ro p ria te o f f i c i a l s in a c c o rd a n c e with applicable law, rule , regulation, or e s ta b lish ed a g e n c y p o lic y , or f r o m choosin g his own r e p r e s e n t a t iv e in a g r ie v a n c e or appellate action; or (Z) P r e c l u d e or r e s t r i c t consultations and d ealin gs b etw een an ag e n c y and any v e te r a n s o r g a n iz a tio n w ith r e s p e c t to m a t t e r s of p a r t ic u la r in t e r e s t to e m p lo y e e s w ith ve te r a n s p r e f e r e n c e ; or (3) P r e c l u d e an ag e n c y f r o m consulting or dealin g with any r e lig io u s , s o c ia l, fr a t e r n a l or other law ful a sso cia tio n , not qu a lifie d as an e m p lo y e e o rg a n iza tio n , w ith r e s p e c t to m a tte r s or p o l i c i e s w hich in v o lv e indiv idual m e m b e r s of the a s s o c ia t io n or a r e of p a r tic u la r a p p lic a b ility to it or its m e m b e r s , when such consultations or dealings a r e duly lim i t e d so as not to assum e the c h a r a c te r of f o r m a l consultation on m a t t e r s of g e n e r a l e m p lo y e e - m a n a g e m e n t p o l i c y or to extend to a r e a s w h e r e r e c o g n it io n of the in te r e s ts of one e m p lo y e e group m a y r e s u lt in d is c r im in a t io n against or in ju ry to the in te r e s ts of oth er e m p lo y e e s . Section 4. (a) An a gen cy shall a c c o r d an e m p lo y e e orga n iza tio n , w h ich does not q u a lify fo r e x c lu s iv e or f o r m a l rec o g n itio n , in f o r m a l r e c o g n it io n as r e p r e s e n t a t i v e of its m e m b e r e m p lo y e e s without r e g a r d to w hether any other e m p lo y e e o r g a n iz a tio n has been a c c o r d e d f o r m a l or e x c lu s iv e re c o g n it io n as r e p r e s e n t a t i v e of som e or all e m p lo y e e s in any unit. (b) When an e m p lo y e e o r g a n iz a tio n has been i n f o r m a l l y r e c o g n iz e d , it shall, to the extent consistent with the e ffic ie n t and o r d e r l y conduct of the public business, be p e r m i t t e d to p r e s e n t to a p p r o p r ia te o ff i c i a l s its v ie w s on m a t t e r s of c o n c e rn to its m e m b e r s . The ag e n c y need not, h o w e v e r , consult with an e m p lo y e e o r g a n iz a tio n so r e c o g n iz e d in the f o r m u lation of p e r s o n n e l o r other p o l i c i e s with r e s p e c t to such m a t t e r s . Section 5. (a) An ag e n c y shall a c c o r d an e m p lo y e e o r g a n iz a tio n f o r m a l re c o g n it io n as the r e p r e s e n t a t i v e of its m e m b e r s in a unit as defined by the ag e n c y when (1) no other e m p lo y e e o r g a n iz a tio n is q u a lifie d f o r e x c lu s iv e re c o g n it io n as r e p r e s e n t a t i v e of e m p lo y e e s in the unit, (Z) it is d e te r m in e d by the ag e n c y that the e m p lo y e e o r g a n iz a tio n has a sub stantia l and stable m e m b e r s h ip of no le s s than 10 p e r centum of the e m p lo y e e s in the unit, and (3) the e m p lo y e e o r g a n iz a tio n has submitted to the ag e n c y a r o s t e r of its o f f i c e r s and r e p r e s e n t a t i v e s , a copy of its constitution and b y - la w s , and a statem ent of o b je c t iv e s . When, in the opinion of the head of an agency, an e m p lo y e e o r g a n iz a tio n has a sufficien t number of lo c a l o rg a n iz a tio n s or a s u fficien t total m e m b e r s h ip w ithin such agency, such o r g a n iz a tio n m a y be a c c o r d e d f o r m a l re c o g n it io n at the national l e v e l , but such re c o g n it io n shall not p re c lu d e the a gen cy f r o m dealing at the national l e v e l with any other e m p lo y e e o r g a n iz a tio n on m a t t e r s a ffe c tin g its m e m b e r s . (b) W h e n an e m p lo y e e o r g a n iz a tio n has been f o r m a l l y r e c o g n iz e d , the agency, through a p p ro p ria te o f f i c i a l s , shall consult with such o r g a n iz a tio n f r o m tim e to tim e in the fo r m u la t io n and im p le m e n ta tio n of p e r s o n n e l p o l i c i e s and p r a c t i c e s , and m a t t e r s a ffe c tin g w o r k in g conditions that a r e of c o n c e rn to its m e m b e r s . A n y such o r g a n iz a tio n shall be en titled f r o m tim e to tim e to r a i s e such m a tte r s f o r d is c u s s io n with a p p ro p ria te o f f i c i a l s 73 and at all t im e s to p r e s e n t its v i e w s th e re o n in w rit in g . In no c a s e , h o w e v e r , shall an ag e n c y be r e q u ir e d to consult with an e m p lo y e e o rg a n iz a tio n which has been f o r m a l l y r e c og n ize d with r e s p e c t to any m a tte r which, if the e m p lo y e e o r g a n iz a tio n w e r e one entitled to e x c lu s iv e reco g n itio n , would not be included within the ob ligation to m e e t and con fer, as d e s c r ib e d in se c tio n 6(b) of this o r d e r . Section 6. (a) An a gen cy shall r e c o g n i z e an e m p lo y e e o r g a n iz a tio n as the e x c lu s iv e r e p r e s e n t a t iv e of the e m p lo y e e s in an a p p ro p ria te unit when such o r g a n iz a tio n is e lig ib le f o r f o r m a l re c o g n it io n pursuant to s ectio n 5 of t h i s o r d e r , and has been d esignated or s e le c t e d by a m a j o r i t y of the e m p lo y e e s of such unit as the r e p r e s e n t a t iv e of such e m p lo y e e s in such unit. Units m a y be e sta b lish ed on any plant or installatio n, craft, fu n c tio nal or other b asis whic h w i l l ensure a c le a r and id e n tifia b le com m u n ity of in t e r e s t among the e m p lo y e e s concerned, but no unit shall be e sta b lish ed s o l e l y on the basis of the extent to w hich e m p lo y e e s in the p r o p o s e d unit have o rga n ized . E x c e p t w h e r e o th e r w is e r e q u ir e d by esta b lis h e d p r a c t ic e , p r i o r a g re e m e n t, or s p e c ia l c ir c u m s ta n c e s , no unit shall be e s ta b lis h e d f o r pu rposes of e x c lu s iv e r e c o g n itio n which includes (1) any m a n a g e r ia l e xecu tive, (2) any e m p lo y e e engaged in F e d e r a l p e r s o n n e l w o r k in other than a p u r e ly c l e r i c a l capacity, (3) both s u p e r v is o r s who o f f i c i a l l y evaluate the p e r f o r m a n c e of e m p lo y e e s and the e m p lo y e e s w h om th ey s u p e rv is e , or (4) both p r o fe s s io n a l e m p lo y e e s and n o n p ro fe s s io n a l e m p lo y e e s unless a m a j o r i t y of such p r o f e s s i o n a l e m p lo y e e s vote fo r inclusion in such unit. (b) When an e m p lo y e e o rg a n iz a tio n has been r e c o g n i z e d as the e x c lu s iv e sentativ e of e m p lo y e e s of an a p p ro p ria te unit it shall be entitled to act f o r and to negotiate a g r e e m e n t s c o v e r in g a ll e m p lo y e e s in the unit and shall be r e s p o n s ib le f o r r e p r e s e n tin g the i n t e r e s t s of a l l such e m p lo y e e s without d is c r im in a t io n and without r e g a r d to e m p lo y e e o r g a n iz a tio n m e m b e rs h ip . Such e m p lo y e e o r g a n iz a tio n shall be g iv e n the opportunity to be r e p r e s e n t e d at discu ssion s b etw een m a nagem ent and e m p lo y e e s or e m p lo y e e r e p r e s e n t a t iv e s con cern in g g r ie v a n c e s , p e rs o n n e l p o l i c i e s and p r a c t ic e s , or other m a t t e r s a ffe c tin g g e n e ra l w o r k in g conditions of e m p lo y e e s in the unit. The ag e n c y and such e m p lo y e e organ ization , through ap p ro p ria te o f f i c i a l s and r e p r e s e n t a t iv e s , shall m e e t at re a s o n a b le t im e s and confer with r e s p e c t to p e r s o n n e l p o l i c y and p r a c t ic e s and m a tte r s a ffe c tin g w o r k in g conditions, so fa r as m a y be a p p ro p ria te subject to law and p o l i c y re q u ir e m e n ts . Th is extends to the negotiation of an a g r e e m e n t, or any question a r is in g thereunder, the d e te rm in a tio n of a p p r o p r ia te techniques, consistent with the t e r m s and pu rposes of this o r d e r , to a s s is t in such negotiation, and the execu tion of a w r it t e n m e m o ra n d u m of a g r e e m e n t or understanding i n c o r p o ra tin g any a g r e e m e n t re a c h e d by the p a rtie s . In e x e r c i s i n g authority to m ake ru les and reg u la tio n s r e la tin g to p e r s o n n e l p o l i c i e s and p r a c t i c e s and w o r k in g conditions, a g e n c ie s shall have due r e g a r d f o r the o b liga tio n im p o s e d by this section, but such o b liga tio n shall not be con stru ed to extend to such a r e a s of d is c r e t io n and p o l i c y as the m i s s i o n of an agency, its budget, its o r g a n iz a tio n and the a ssign m en t of its p erso n n el, or the tech n o lo g y of p e r f o r m i n g its work. Section 7. A n y b a s ic or in itia l a g r e e m e n t e n tered into with an e m p lo y e e o r g a n iza tio n as the e x c lu s iv e r e p r e s e n t a t i v e of e m p lo y e e s in a unit must be a p p ro v e d by the head of the a g e n c y or any o f f i c i a l d esign ated by him. A l l a g r e e m e n ts with such e m p lo y e e orga n iza tio n s shall a ls o be subject to the f o llo w in g r e q u ir e m e n ts , w hich shall be e x p r e s s l y stated in the in itia l or b a s ic a g r e e m e n t and shall be applicable to all supplemental, im p lem en tin g, sub s i d i a r y or in f o r m a l a g r e e m e n t s b etw een the a gen cy and the org a n iza tio n : (1) In the a d m in is tra tio n of a ll m a tte r s c o v e r e d by the a g r e e m e n t o ff i c i a l s and e m p lo y e e s a r e g o v e r n e d by the p r o v is io n s of any e x istin g or future law s and regu lation s, including p o l i c i e s set fo r th in the F e d e r a l P e r s o n n e l Manual and a gen cy regu lation s, w hich m a y be ap p licab le, and the a g r e e m e n t shall at a ll t im e s be applied subject to such law s, re gu la tion s and p o l i c i e s ; (2) M an agem en t o ff i c i a l s of the agen cy r e ta in the rig ht, in acc o rd a n c e with a p p li cable law s and re gu lation s, (a) to d ir e c t e m p lo y e e s of the agency, (b) to h ire , p ro m o te , t r a n s f e r , assign, and r e t a in e m p lo y e e s in p ositions w ithin the agency, and to suspend, dem ote, d is c h a rg e , or take other d i s c ip lin a r y action against e m p lo y e e s , (c) to r e l i e v e e m p lo y e e s f r o m duties because of lack of w o r k or f o r other le g it im a t e re a s o n s , (d) to m ain tain the e f f i c i e n c y of the G o v e rn m e n t operations entrusted to them, (e) to d e te rm in e the methods, means and p e r s o n n e l by which such operation s a r e to be conducted; and (f) to take w h a te v e r actions m a y be n e c e s s a r y to c a r r y out the m is s io n of the agency in situations of e m e r g e n c y . repre 74 Sectio n 8. (a) A g r e e m e n t s e n te re d into or negotiated in acc o rd a n c e with this o r d e r with an e m p lo y e e o r g a n iz a tio n which is the e x c lu s iv e r e p r e s e n t a t iv e of e m p lo y e e s in an a p p ro p ria te unit m a y contain p r o v is io n s , applicable only to e m p lo y e e s in the unit, con cern in g p r o c e d u r e s fo r c o n s id e ra tio n of g r ie v a n c e s . Such p r o c e d u r e s (1) shall c o n fo r m to standards issued by the C i v i l S e r v i c e C o m m is s io n , and (Z) m a y not in any m anner dim in ish or im p a ir any righ ts whic h would o th e r w is e be a va ila b le to any e m p lo y e e in the absence of an a g r e e m e n t p ro v id in g fo r such p ro c e d u r e s . (b) P r o c e d u r e s esta b lis h e d by an a g r e e m e n t which a r e o th e r w is e in c o n fo r m it y with this section m a y include p r o v is io n s f o r the a r b it r a t io n of g rie v a n c e s . Such a r b itr a tio n (1) shall be a d v i s o r y in nature with any de c is io n s or rec o m m e n d a tio n s subject to the ap p r o v a l of the ag e n c y head; (Z) shall extend only to the in te r p r e ta tio n or application of a g r e e m ents or a gen cy p o l i c y and not to changes in or p r o p o s e d changes in a g r e e m e n t s or agen cy p o lic y ; and (3) shall be invoked only with the a p p ro v a l of the individual e m p lo y e e or e m p lo y e e s concerned. Section 9. Solicitation of m em bersh ips, dues, or other internal em ployee o rg a n i zation business shall be conducted during the nonduty hours of the em ployees concerned. O ffic ia lly requested or approved consultations and m eetings between management o ffic ia ls and represen tatives of recogn ized em ployee organizations shall, whenever p racticab le, be conducted on o ffic ia l tim e, but any agency m ay requ ire that negotiations with an em ployee organization which has been accorded exclu sive recognition be conducted during the nonduty hours of the em ployee organization represen tatives in volved in such negotiations. S ection 10. No la te r than July 1, 196Z, the head of each a gen cy shall issue a p p r o p r ia t e p o lic ie s , ru les and regu lation s fo r the im p le m e n ta tio n of this o r d e r , including: A c le a r sta tem ent of the righ ts of its e m p lo y e e s under the o r d e r ; p o l i c i e s and p r o c e d u r e s with r e s p e c t to re c o g n it io n of e m p lo y e e org a n iz a tio n s ; p r o c e d u r e s fo r d e te r m in in g a p p ro p ria te e m p lo y e e units; p o lic ie s and p r a c t i c e s r e g a r d in g consultation w ith r e p r e s e n t a t iv e s of e m p lo y e e o rg a n iz a tio n s , other org a n iza tio n s and individual e m p lo y e e s ; and p o l i c i e s with r e s p e c t to the use of a gen cy f a c i l i t i e s by e m p lo y e e o rga n iza tio n s. In sofar as m a y be p r a c t ic a b le and a p p ro p ria te , age n c ie s shall consult with r e p r e s e n t a t iv e s of e m p lo y e e o rg a n iz a tio n s in the fo r m u la t io n of these p o lic ie s , ru les and regulations. S ection 11. Each agen cy shall be r e s p o n s ib le fo r d e te rm in in g in a c c o rd a n c e with this o r d e r whether a unit is a p p ro p ria te fo r pu rposes of e x c lu s iv e re c o g n it io n and, by an e l e c t io n or other a p p ro p ria te m eans, whether an e m p lo y e e o rg a n iz a t io n r e p r e s e n t s a m a j o r i t y of the e m p lo y e e s in such a unit so as to be entitled to such re c ogn ition . Upon the re q u e s t of any agency, or of any e m p lo y e e o rg a n iz a tio n w hich is seeking e x c lu s iv e r e c o g n itio n and w h ich qu a lifie s fo r or has been a c c o r d e d f o r m a l re c o g n itio n , the S e c r e t a r y of L a b o r , subject to such n e c e s s a r y rule s as he m a y p r e s c r i b e , shall nominate f r o m the N ational P a n e l of A r b i t r a t o r s m ain tain ed by the F e d e r a l M e d ia tio n and C o n c ilia tio n S e r v i c e one or m o r e q u a l if ie d a r b it r a t o r s who w i l l be a va ila b le f o r em p lo y m e n t by the a gen cy con cern ed fo r e ith er or both of the fo llo w in g pu rposes, as m a y be r e q u ir e d : ( l ) T o in v e s tig a te the facts and issue an a d v i s o r y d e c is io n as to the a p p ro p ria te n e s s of a unit fo r p u rposes of e x c lu s iv e r e c o g n it io n and as to r e la t e d issu es submitted fo r c on sid era tion ; (Z) to conduct or s u p e r v is e an e le c t io n or o th e r w is e d e te r m in e by such means as m a y be a p p ro p ria te , and on an a d v i s o r y b a s is , w hether an e m p lo y e e o r g a n iz a tio n r e p r e s e n t s the m a j o r i t y of the e m p lo y e e s in a unit. Consonant with law, the S e c r e t a r y of L a b o r shall r e n d e r such a s s is ta n c e as m a y be a p p r o p r ia t e in connection with a d v i s o r y de c is io n s or d e te rm in a tio n s under this section, but the n e c e s s a r y costs of such a s s ista n ce shall be paid by the a gen cy to which it r e la t e s . In the event questions as to the a p p ro p ria te n e s s of a unit or the m a j o r i t y status of an e m p lo y e e o r g a n iz a tio n shall a r i s e in the D e p a rtm e n t of L a b o r , the duties d e s c r ib e d in this section w h ich would o th e r w is e be the r e s p o n s ib ilit y of the S e c r e t a r y of L a b o r shall be p e r f o r m e d by the C i v i l S e r v i c e C o m m is s io n . Sectio n 1Z. The C i v i l S e r v i c e C o m m is s io n shall es ta b lis h and m aintain a p r o g r a m to a s s is t in c a r r y in g out the o b je c t iv e s of this o r d e r . The C o m m is s io n shall d e velo p a p r o g r a m f o r the guidance of a g e n c ie s in e m p lo y e e - m a n a g e m e n t re la tio n s in the F e d e r a l S e r v ic e ; p r o v id e tech n ica l a d vice to the a g e n c ie s on e m p lo y e e - m a n a g e m e n t p r o g r a m s ; a s s is t in the d ev e lo p m e n t of p r o g r a m s f o r tra in in g agen cy p e r s o n n e l in the p r in c ip le s and p r o c e d u r e s of consultation, negotiation and the s e ttlem en t of disputes in the F e d e r a l S e r v i c e , and f o r the 75 train in g of m an agem en t o ff i c i a l s in the d is c h a rg e of th eir e m p lo y e e - m a n a g e m e n t re la tio n s r e s p o n s ib ilit ie s in the public in t e r e s t ; p r o v id e fo r continuous study and r e v i e w of the F e d e r a l e m p lo y e e - m a n a g e m e n t r e la tio n s p r o g r a m and, f r o m tim e to tim e, make re c o m m e n d a tio n s to the P r e s i d e n t f o r its im p r o v e m e n t. Section 13. (a) The C i v i l S e r v i c e C o m m is s io n and the D ep a rtm en t of L a b o r shall jo in t ly p r e p a r e (1) p r o p o s e d standards of conduct fo r e m p lo y e e o r g a n iza tio n s and (2) a p r o p o s e d code of f a i r la b o r p r a c t ic e s in e m p lo y e e - m a n a g e m e n t re la tio n s in the F e d e r a l S e r v i c e a p p ro p ria te to a s s is t in s ecu rin g the u n ifo rm and e f f e c t i v e im p le m e n ta tio n of the p o lic ie s , rights and r e s p o n s i b i l i t i e s d e s c r ib e d in this o r d e r . (b) T h e r e is h e r e b y esta b lis h e d the P r e s i d e n t 's T e m p o r a r y C o m m itte e on the I m p l e m entation of the F e d e r a l E m p lo y e e - M a n a g e m e n t R ela tion s P r o g r a m . The C o m m itte e shall con sist of the S e c r e t a r y of L a b o r , who shall be c h airm an of the C o m m itte e , the S e c r e t a r y of D efen se, the P o s t m a s t e r G e n e ra l, and the C h airm an of the C i v i l S e r v i c e C om m is s io n . In addition to such oth er m a tte r s r e la t in g to the im p le m e n ta tio n of this o r d e r as m a y be r e f e r r e d to it by the P r e s i d e n t , the C o m m itte e shall ad v is e the P r e s i d e n t w ith r e s p e c t to any p r o b le m s a r is in g out of c o m p le tio n of a g re e m e n ts pursuant to sections 6 and 7, and shall r e c e i v e the p r o p o s e d standards of conduct fo r e m p lo y e e o r g a n iza tio n s and p ro p o s e d code of f a ir la b o r p r a c t ic e s in the F e d e r a l S e r v i c e , as d e s c r ib e d in this section, and r e p o r t t h e re o n to the P r e s i d e n t with such r e c o m m e n d a tio n s or amendments as it m a y d e e m a p p r o p ria te . Consonant w ith law, the d epartm ents and a g e n c ie s r e p r e s e n t e d on the C o m m itte e shall, as m a y be n e c e s s a r y f o r the effectu ation of this section, furnish a s s is ta n c e to the C o m m itte e in a c c o rd a n c e with s ectio n 214 of the A c t of M a y 3, 1945, 59 Stat. 134 (31 U.S.C. 691). U nle ss o th e r w is e d i r e c t e d by the P r e s id e n t , the C o m m itte e shall cea se to e x is t 30 days a fte r the date on which it submits its r e p o r t to the P r e s i d e n t pursuant to this section. S ection 14. The head of each agency, in a c c o rd a n c e with the p r o v is io n s of this o r d e r and regu lation s p r e s c r i b e d by the C i v i l S e r v i c e C o m m is s io n , shall extend to all e m p lo y e e s in the c o m p e titiv e c i v i l s e r v i c e righ ts id en tica l in a d v e r s e actio n cases to those p r o v id e d p r e f e r e n c e e l i g i b l e s under s ectio n 14 of the V e t e r a n s ' P r e f e r e n c e A c t of 1944, as amended. Each e m p lo y e e in the c o m p e titiv e s e r v i c e shall have the rig h t to appeal to the C i v i l S e r v i c e C o m m is s io n f r o m an a d v e r s e d e c is io n of the a d m in is t r a t iv e o f f i c e r so acting, such appeal to be p r o c e s s e d in an id e n tic a l manner to that p r o v id e d f o r appeals under s e c tion 14 of the V e t e r a n s ' P r e f e r e n c e Act. A n y r e c o m m e n d a tio n by the C i v i l S e r v i c e C o m m i s s i o n submitted to the head of an agen cy on the basis of an appeal by an e m p lo y e e in the c o m p e titiv e s e r v i c e shall be c o m p lie d with by the head of the agency. T h is section shall b e c o m e e f f e c t i v e as to a ll a d v e r s e actions c o m m e n c e d by issuance of a n o tific a tio n of p r o p o sed action on or a fte r July 1, 1962. S ection 15. Nothing in this o r d e r shall be construed to annul or m o d ify, or to p r e c lu d e the r e n e w a l or continuation of, any la w fu l a g r e e m e n t h e r e t o f o r e e n te r e d into b etw een any ag e n c y and any r e p r e s e n t a t i v e of its e m p lo y e e s . N o r shall this o r d e r p re c lu d e any ag e n c y f r o m continuing to consult or deal with any r e p r e s e n t a t iv e of its e m p lo y e e s or other o r g a n iz a tio n p r i o r to the tim e that the status and r e p r e s e n ta tio n righ ts of such r e p r e s e n t a t iv e or o rg a n iz a t io n a r e d e t e r m in e d in c o n fo r m it y with this o r d e r . S ection 16. Th is o r d e r (e x c e p t se c tio n 14) shall not apply to the F e d e r a l Bureau of In vestigation , the C e n tr a l In te llig e n c e A g en cy , or any other agency, or to any o ffic e , bureau o r entity w ithin an agency, p r i m a r i l y p e r f o r m i n g in te llig e n c e , in v e s t ig a t iv e , or s e c u r it y functions i f the head of the a gen cy d e te r m in e s that the p r o v is io n s of this o r d e r cannot be applied in a manner consistent with national s e c u r it y r e q u ir e m e n t s and c o n s i d e r ations. When he d eem s it n e c e s s a r y in the national in te re s t, and subject to such conditions as he m a y p r e s c r i b e , the head of any ag e n c y m a y suspend any p r o v i s i o n of this o r d e r ( e x cept s ectio n 14) with r e s p e c t to any ag e n c y installation or a c t iv it y w hich is lo c a te d outside of the United States. /s/ T H E W H I T E HOUSE, January 17, 1962. John F. Kennedy Appendix B Standards of Conduct For Employee Organizations and Code of Fair Labor Practices 19 Sectio n 1. 1. P u r p o s e and S c o p e . T h e s e Standards o f Conduct f o r E m p lo y e e O r g a n izations and the Code of F a i r L a b o r P r a c t i c e s in E m p lo y e e - M a n a g e m e n t C o op era tion in the F e d e r a l S e r v i c e a r e issu ed pursuant to E x e c u tiv e O r d e r No. 10988. T h e i r p u rp ose is to a s s is t in secu ring the u n ifo r m and e f f e c t i v e im p le m e n ta tio n o f the p o l i c i e s , r ig h ts , and r e s p o n s i b i l i t i e s d e s c r ib e d in the o r d e r by fixing m o r e d e fin it e ly the r e s p o n s i b i l i t i e s o f e m p lo y e e org a n iz a tio n s and a g e n c ie s , p r o v id in g m o r e d e ta ile d c r i t e r i a f o r the p r o te c tio n o f rig h ts sec u re d under the o r d e r , and establishing p r o c e d u r e s in both o f these a re a s w hich w i l l a s s u re a n e c e s s a r y m e a s u r e o f u n ifo r m it y w ith in the e x e c u tiv e branch o f the F e d e r a l G o v e rn m e n t. Section (a) in the 1. 2. D efinitions " O r d e r " m eans E x e c u tiv e O r d e r No. (b) " A g e n c y , " order. "e m p lo y e e o rg a n iza tio n ," 10988. and " e m p l o y e e " have the sam e m eaning as (c) " A g e n c y m a n a g e m e n t" includes the agen cy head, and a ll m a n a gem en t o f f ic ia ls and r e p r e s e n t a t iv e s o f m a n a gem en t having authority to act f o r the agen cy on any m a tte r s r e la tin g to the im p le m e n ta tio n o f the agency e m p lo y e e - m a n a g e m e n t c o o p e r a tio n p r o g r a m as e sta b lish ed under the o r d e r . (d) " R e c o g n i t i o n " m eans re c o g n itio n w hich is o r m a y be a c c o r d e d to an e m p lo y e e o r g a n iz a tio n pursuant to the p r o v is io n s o f the o r d e r . S ection 1. 3. G e n e r a l R e s p o n s ib ilit ie s o f the C i v i l S e r v i c e C o m m i s s i o n . T h e C i v i l S e r v i c e C o m m is s io n , in a c c o rd a n c e w ith the p r o v is io n s o f section 12 of the o r d e r , shall be r e s p o n s ib le fo r the d is s e m in a tio n o f in fo r m a tio n w ith r e s p e c t to the Standards o f Conduct and Code o f F a i r L a b o r P r a c t i c e s , and shall in su re an adequate exchange o f in fo rm a tio n b etw een a gen cies as to its application and e n fo r c e m e n t. PART A Standards o f Conduct F o r E m p lo y e e O rg a n iza tio n s Sectio n 2. 1. A p p lic a t io n . T h e p r o v is io n s o f this P a r t a r e ap p licab le to a ll a gen cies subje ct to the p r o v is io n s o f the o r d e r and to all e m p lo y e e o rg a n iz a tio n s a c c o r d e d r e c o g n itio n under the o r d e r . Sectio n 2. 2. Standards o f Conduct. No agen cy shall a c c o r d r e c o g n itio n to any e m p lo y e e o r g a n iz a tio n unless the e m p lo y e e o r g a n iz a tio n is subject to g o v e rn in g r e q u ir e m e n t s , adopted by the o r g a n iz a tio n o r by a national o r in tern ation al e m p lo y e e o r g a n iz a tio n o r f e d e r a tio n o f e m p lo y e e o r g a n iza tio n s w ith w hich it is a ffilia t e d o r in w hich it p a r t ic ip a t e s , containing e x p lic it and d eta ile d p r o v is io n s to which it s u b s c rib e s c a llin g fo r the follo w in g : (a) T h e m aintenance o f d e m o c r a t ic p r o c e d u r e s and p r a c t i c e s , including p r o v is io n s f o r p e r i o d i c ele c tio n s to be conducted subject to r e c o g n i z e d safegu ards and p r o v is io n s d e fining and s ecu rin g the righ t o f individual m e m b e r s to p a r tic ip a tio n in the a f fa ir s o f the o r g a n iz a tio n , to f a i r and equal tr e a tm e n t under the g o v e rn in g ru le s o f the o r g a n iz a tio n , and to f a i r p r o c e s s in d is c i p l i n a r y p r o c e e d in g s ; * *9 28 Federal Register 5127. 76 77 (b) The e x c lu s io n fr o m o ffic e in the o rg a n iz a tio n o f p e rs o n s a ffilia te d w ith C o m m u n ist o r o th er to ta lita r ia n m o v e m e n ts and p erso n s id e n tifie d w ith c o rru p t in flu e n c e s ; (c ) The p ro h ib itio n o f b u sin ess o r fin a n c ia l in te re s ts on the p a rt o f o rg a n iz a tio n o ffic e r s and agents w hich c o n flic t w ith th e ir duty to the o rg a n iz a tio n and its m e m b e r s ; and (d) The m ain ten an ce o f fis c a l in te g r ity in the conduct o f the a ffa ir s of the o r g a n ization , in clu din g p r o v is io n f o r accounting and fin a n c ia l c o n tro ls and r e g u la r fin a n c ia l re p o rts o r s u m m a rie s to be m ade a v a ila b le to m e m b e r s . S ection 2. 3. A d op tion o f S tan dards. N o a gen cy sh all deny, suspend, o r w ith d ra w r e c o g n itio n by re a s o n o f any a lle g e d fa ilu r e to adopt o r s u b scrib e to standards o f conduct as p ro v id e d in s e c tio n 2. 2 o f this p a rt u nless it has f i r s t n o tifie d the o rg a n iz a tio n and the n ation al o r in te rn a tio n a l o rg a n iz a tio n w ith w hich it is a ffilia te d o f such a lle g e d d e fic ie n c y and has a ffo rd e d the o rg a n iz a tio n a rea s o n a b le opportu n ity to m ake any am endm ents o r m o d ific a tio n s o r take any actio n that m a y be re q u ire d . In the even t that any qu estion a r is in g under any p r o v is io n o f s e c tio n 2. 2 is not r e s o lv e d in a m u tu ally a ccep ta b le m an n er, the agen cy sh a ll con su lt w ith the S e c r e ta r y o f L a b o r p r io r to m akin g a fin a l d e te rm in a tio n that an o rg a n iz a tio n has fa ile d to co m p ly w ith such p r o v is io n s . S ection 2. 4. P ro ced u re fo r D en ia l, Suspension or W ith d ra w a l of R eco g n itio n (a) A n e m p lo y e e o rg a n iz a tio n w hich has adopted o r su b scrib ed to standards o f con duct as p ro v id e d in s e c tio n 2. 2 o f this p a rt s h a ll not be re q u ire d to fu rn ish oth er e vid en ce o f its fr e e d o m fr o m in flu en ces d e s c r ib e d in se c tio n 3(a) o f the o r d e r un less ( l ) the agen cy has cause to b e lie v e that the o rg a n iz a tio n has been suspended o r e x p e lle d fr o m o r is su b ject to oth er sanction by a p a ren t e m p lo y e e o rg a n iz a tio n o r la b o r o rg a n iz a tio n o r fe d e r a tio n o f such o rg a n iza tio n s w ith w hich it had been a ffilia te d becau se it has d e m o n stra ted an u n w illin g ness o r in a b ility to co m p ly w ith g o v e rn in g re q u ire m e n ts co m p a ra b le in pu rp ose to those re q u ire d by s e c tio n 2 .2 o f this part, o r (2) re c o g n itio n in any fo r m has been denied, s u s pended, o r w ithdraw n by any o th er agen cy pursuant to this p art o r se c tio n 3(a) o f the o r d e r and such d en ial, su spension, o r w ith d ra w a l rem a in s in e ffe c t, o r (3) th e re is r e a sonable cause to b e lie v e that the o rg a n iza tio n , notw ithstanding its co m p lia n c e w ith s ectio n 2. 2 is in fa c t su bject to in flu en ces such as would p re c lu d e re c o g n itio n pursuant to the o r d e r . (b) In any c a se w h e re ad d ition al e vid en ce is re q u ire d pursuant to ( l ) , (2 ), o r (3) o f su b section (a ) o f this section , the agen cy s h a ll not deny, suspend, o r w ith d ra w re c o g n itio n on the b a sis o f the excep tio n stated in s e c tio n 3(a) of the o r d e r u nless it has a ffo rd e d the e m p lo y e e o rg a n iza tio n an opportu n ity to p re s e n t to the a gen cy such rea so n s o r c o n sid era tio n s as it has to o ffe r re la tin g to why re c o g n itio n should not be denied, suspended, o r w ithdraw n. If this opportu n ity is req u ested , the agen cy sh all p ro m p tly hold a h ea rin g. Upon req u est the agen cy s h a ll m ake a v a ila b le to the e m p lo y e e o rg a n iza tio n fo r use in the h e a rin g a con c is e and a ccu ra te su m m a ry o f the fa c ts on w hich the agen cy intends to r e ly in rea ch in g its d e c is io n , to g e th e r w ith a statem en t o f the rea so n s fo r the agen cy action . In lie u o f a su m m a ry statem en t, the agen cy m ay m ake a v a ila b le to the e m p lo y e e o rg a n iz a tio n the e n tire r e p o r t o f the agen cy in v e s tig a tio n . In any dispute o v e r the a c c u ra c y o r s u ffic ie n c y of in fo r m ation so p ro v id e d , the fin a l d e te rm in a tio n sh a ll be m ade by the agen cy head. The em p lo y e e o rg a n iz a tio n s h a ll have an opportu n ity to be p re s e n t at the h ea rin g, to be re p re s e n te d by counsel, and to o ffe r such o r a l and d ocu m en tary e v id e n c e as m ay be re le v a n t to the issu e o r issu es in c o n tr o v e r s y . A n y d e te rm in a tio n to deny, suspend o r w ith d ra w re c o g n itio n sh all be m ade in w ritin g by the a gen cy head. (c ) The agen cy m ay consult w ith the S e c r e ta r y o f L a b o r b e fo r e in stitu tin g any p ro c e e d in g s pursuant to clau se (3 ) o f su b section (a ) o f this s e c tio n and sh a ll consu lt with the S e c r e ta r y o f L a b o r p r io r to taking any fin a l action w ith r e s p e c t to the d en ia l, suspension, o r w ith d ra w a l o f re c o g n itio n . (d) W h ere an a gen cy d e te rm in a tio n denying, suspending o r w ith d raw in g re c o g n itio n o f an e m p lo y e e o rg a n iz a tio n is m ade in a cco rd a n ce w ith su bsection s (b) and (c ) o f this se c tio n a fte r con su ltation w ith the S e c r e ta r y o f L a b o r, any oth er a gen cy m ay th e r e a fte r deny, suspend o r w ith d ra w re c o g n itio n as to such e m p lo y e e o rg a n iza tio n o r su bordinate a ffilia t e th e r e o f w ithout r e g a r d to the p ro c e d u re s p r e s c r ib e d in su bsection (b) if such o th er agen cy has a ffo rd e d such e m p lo y e e o rg a n iz a tio n o r su bordin ate a ffilia t e th e re o f an opportu n ity to p re s e n t such rea son s and co n s id e ra tio n s as it m ay have to o ffe r as to why such p r io r d e te rm in a tio n should not be fo llo w e d , and such agency, on the b a sis o f such su b m ission and a fte r co n su ltation w ith the S e c r e ta r y o f L a b o r, fin ds that fu rth e r p ro c e d u re s a re u n n ecessa ry. 78 S ection 2. 5. E ffe c t iv e D ates (a) T h e p r o v is io n s o f this p a rt, oth er than se c tio n 2 .4 (b ) and (c) as h e r e in a fte r p ro v id e d , s h a ll b e c o m e e ffe c t iv e im m e d ia te ly . No la te r than 6 m onths fr o m such e ffe c t iv e d ate, each a gen cy sh a ll adopt such p erm a n en t p ro c e d u re s as m ay be n e c e s s a r y to im p lem en t this p a rt. In s o fa r as m ay be p r a c tic a b le and a p p ro p ria te , a g en cies sh a ll con su lt w ith r e p r e se n ta tiv e s o f r e c o g n iz e d e m p lo y e e o rg a n iz a tio n s in the fo rm u la tio n o f such p ro c e d u re s . C o p ies o f any im p lem en tin g re g u la tio n s sh a ll be m ade a v a ila b le to r e c o g n iz e d e m p lo y e e o rg a n iz a tio n s upon re q u e s t. (b) P r i o r to the adoption o f such p erm a n en t p r o c e d u r e s , in m aking d e te rm in a tio n s u n der the o r d e r w ith r e s p e c t to e m p lo y e e o rg a n iza tio n s w h ich seek o r have been a c c o rd e d r e c o g n itio n , no a gen cy sh a ll deny, suspend o r w ith d ra w such re c o g n itio n on the b a sis o f the excep tio n stated in the o r d e r excep t in a c c o rd a n c e w ith p ro c e d u re s co n fo rm in g as n e a r ly as p o s s ib le to the re q u ire m e n ts o f s ectio n 2 .4 (b ) and (c) o f this p art. PART B C ode o f F a ir L a b o r P r a c t ic e s S ection 3. 1. A p p lic a tio n . T h e p ro v is io n s o f this p a rt a re a p p lic a b le to a ll a g en cies su b ject to the p r o v is io n s o f the o r d e r and to a ll e m p lo y e e o rg a n iza tio n s a c c o rd e d re c o g n itio n under the o r d e r . S ection 3. (a) 2. P r o h ib ite d P r a c t ic e s * 1 A g e n c y m an agem en t is p ro h ib ite d fr o m : (1) In te r fe r in g w ith , r e s tra in in g o r c o e r c in g any e m p lo y e e in the e x e r c is e o f the righ ts a ssu red by E x e c u tiv e O r d e r N o. 10988, including those set fo rth in se c tio n 1 o f the o r d e r ; (2) E n cou ragin g o r d is c o u ra g in g d is c r im in a tio n in r e g a r d to h irin g , em p loym en t; m e m b e rs h ip in any e m p lo y e e o rg a n iz a tio n by ten u re, p ro m o tio n , o r o t h e r conditions o f (3) S p on sorin g, c o n tro llin g o r o th e rw is e a s s is tin g any e m p lo y e e o rg a n iza tio n , ex cep t that an agen cy m ay fu rn ish c u s to m a ry and rou tin e s e r v ic e s and fa c ilit ie s pursuant to s ectio n 10 o f the o r d e r w h e re co n sisten t w ith the b e s t in te re s ts o f the a gen cy, its e m p lo y e e s and the o rg a n iz a tio n , and w h e re such s e r v ic e s and fa c ilit ie s a r e fu rn ish ed , if re q u e s te d , on an im p a r tia l b a sis; (4) D is c ip lin in g o r o th e rw is e d is c rim in a tin g a gain st any e m p lo y e e b ecau se he has file d a co m p la in t o r g iv e n te s tim o n y under the o r d e r o r under the Standards o f Conduct fo r E m p lo y e e O rg a n iza tio n s o r C ode o f F a ir L a b o r P r a c t ic e s ; (5) R efu sin g to a c c o rd a p p ro p ria te q u a lifie d fo r such re c o g n itio n ; re c o g n itio n to an e m p lo y e e o rg a n iz a tio n (6) R efu sin g to h e a r, con su lt, c o n fe r o r n e g o tia te w ith an e m p lo y e e o rg a n iz a tio n as r e q u ire d by the o r d e r . (b) E m p lo y e e o rg a n iza tio n s a re p ro h ib ite d fro m : (1) In te r fe r in g w ith, re s tra in in g o r c o e r c in g any e m p lo y e e in the e x e r c is e of the righ ts a ssu red by E x e c u tiv e O rd e r N o. 10988, including th ose s et fo rth in se c tio n 1 o f the o r d e r ; (2) A ttem p tin g to induce a gen cy m an agem en t em jo ym en t o f his rig h ts under the o r d e r ; to coerce any e m p lo y e e in the 79 (3) Coercing or attempting to coerce, or disciplining, any member of the orga nization as punishment or reprisal for, or fo r the purpose of hindering or impeding his discharge of his duties owed as an officer or employee of the United States; (4) Calling or engaging in any strike, work stoppage, slowdown, or related picketing engaged in as a substitute for any such strike, work stoppage or slowdown, against the Government of the United States; (5) Discriminating against any employee with regard to the terms or conditions of membership because of race, color, creed, or national origin. (c) No employee organization which is accorded exclusive recognition shall deny membership to any employee in the appropriate unit except for failure to meet reasonable occupational standards uniformly required for admission, or for failure to tender initiation fees and dues uniformly required as a condition of acquiring and retaining membership, but nothing contained in this subsection shall preclude an employee organization from enforcing discipline in accordance with procedures under its constitution or bylaws which conform to the requirements set forth in section 2. 2(a) of the Standards of Conduct for Employee Organizations. Section 3. 3. General Procedures for Enforcement (a) Each agency shall provide fair and adequate procedures for the filing, investi gation, and processing of complaints of violations of section 3. 2 which w ill cover all cases, except as provided in subsection (c) of this section, whether initiated by employees, an agency, or an employee organization, as follows: (1) In cases initiated by an employee or several employees with the same com plaint, in which the matter in issue is subject to an applicable grievance or appeals procedure within the agency, such procedure shall be the exclusive procedure used. (2) A ll cases not covered by subsection (a)(1) and (c) of this section shall be processed under procedures which shall include provisions for the informal resolu tion or adjustment of complaints where possible; for the designation of an impartial hearing officer or panel of such officers; and, in cases where it appears that there is substantial basis for a complaint and the matter is not inform ally adjusted, for an opportunity for a hearing before a hearing officer or panel of such officers upon notice, for the right to be represented by counsel, and for findings of fact, or for findings of fact and recommendations, by such officers or panel. Such p ro cedures shall not, however, be available for the rehearing of issues processed under the provisions of the Standards of Conduct or section 11 of the order. In perform ing the function provided for in this subsection, hearing officers shall be responsible directly to the agency head. (b) Hearings held pursuant to subsection (a)(2) shall be informal, but rights of con frontation and cross-examination shall be preserved so far as may be necessary for the development of the facts, and the findings of fact or findings of fact and recommendations of the hearing officer or panel shall be based upon the record developed in the hearing. Copies of such findings of fact or findings of fact and recommendations shall be made available to the parties. In any proceeding under this section, the complainant or respondent shall be entitled to receive a concise and accurate summary of the facts relating to the complaint, and upon which the agency intends to rely, together with a statement of the reasons for the agency's action. The agency may, in lieu of a summary statement, make available to the complainant or respondent the entire report of the agency's investigation of the complaint. In a case in which the complainant or respondent is provided with a summary statement, the hearing officer shall have the right, upon request, to examine the entire record in such case, including all data gathered pursuant to an investigation, to determine that the summary is fair and accurate. (c) Cases involving any strike, work stoppage, slowdown or related picketing engaged in as a substitute for any such strike, work stoppage or slowdown, shall be covered by such procedures and subject to such remedies and sanctions consistent with law as the agency head determines to be appropriate to the situation without regard to the limitations of this section or section 3. 4. 80 S ection 3. 4. F in a l D e c is io n and N o t ic e . A ll fin a l d e c is io n s s h a ll be in w r itin g and s h a ll be fu rn ish ed to the o rg a n iz a tio n and the n ation al o r in te rn a tio n a l o rg a n iza tio n w ith w h ich it is a ffilia te d . Such d e c is io n s s h a ll inclu de a statem en t o f the fin d in gs and rea so n s in support o f the d e c is io n . If the d e c is io n is that agen cy m an agem en t has engaged in a p ro h ib ite d p r a c tic e , the a gen cy sh a ll im m e d ia te ly take n e c e s s a r y action in a c c o rd a n c e w ith the d e c is io n to re m e d y the v io la tio n . I f the d e c is io n is that an e m p lo y e e o rg a n iz a tio n has engaged in a p ro h ib ite d p r a c tic e , the a gen cy head sh a ll n o tify the e m p lo y e e o rg a n iz a tio n o f the e x is te n c e o f such v io la tio n and re q u e s t a p p ro p ria te c o r r e c t iv e action. F a ilu r e o f an e m p lo y e e o rg a n iz a tio n to c o m p ly w ith such re q u e s t a fte r the date on w h ich it b ec o m e s e ffe c t iv e sh all be grounds fo r the w ith h oldin g, o r su spension o f re c o g n itio n u n til the v io la tio n has been r e m e d ie d , o r fo r the w ith d ra w a l o f re c o g n itio n in a p p ro p ria te ca s e s as d e te rm in e d by the a gen cy head. S ection 3. 5. E ffe c t iv e D ate (a) T h e p r o v is io n s o f sectio n 3. 2 o f this p art sh a ll be e ffe c t iv e im m e d ia te ly . No la te r than s ix m onths fr o m such e ffe c t iv e d ate, each agen cy sh a ll adopt p erm a n en t p ro c e d u re s to im p le m e n t this part. In s o fa r as m ay be p r a c tic a b le and a p p ro p ria te , a g en cies sh a ll consu lt w ith r e p r e s e n ta tiv e s o f e m p lo y e e o rg a n iza tio n s in the fo rm u la tio n o f such p ro c e d u re s . C o p ies o f any im p lem en tin g reg u la tio n s sh a ll be m ade a v a ila b le to re c o g n iz e d e m p lo y e e o rg a n iza tio n s upon re q u est. (b) In m aking d e te rm in a tio n s under se c tio n 3. 2 p r io r to the adoption o f such p e r m anent p r o c e d u r e s , a g e n c ie s s h a ll as n e a r ly as p o s s ib le co n fo rm to the b a s ic p ro c e d u r a l r e q u ire m e n ts o f this p a rt, and in no c a s e w h e re an opp ortu n ity fo r h e a rin g , o r a fin a l n o tic e as d e s c r ib e d in s ectio n 3. 4, is r e q u ire d under this part sh a ll an a gen cy w ith h old , suspend, o r w ith d ra w re c o g n itio n w ithout an op p ortu n ity fo r such h ea rin g o r w ithout such a fin a l n o tice. T h e W h ite H ouse, M a y 21, 1963 Appendix C Merit Staffing Supplementary Agreem ent No. 2 between U.S. Department of Labor and Department of Labor Lodge 12, Am erican Federation of Government Employees, A F L -C IO The Department of Labor and Labor Lodge 12, AFGE, agree that the purposes and intent of this agreement are to ensure that employees are given full and fair consideration for advancement and to ensure selection from among the best-qualified candidates. It is further agreed that this agreement must be administered in such a way as to develop maximum possible employee confidence and to achieve the purposes of this agreement as simply and efficiently as possible. A rticle I. Locating Candidates and Publicizing Vacancies Departmental candidates w ill be located through using the area of automatic consid eration, through advertising, or through a combination of these methods. In addition to applying for advertised vacancies, any employee may place him self in an area of automatic consideration by applying in advance as described in Section 2c of this article. 1. A position must be advertised throughout the Department in the Washington area if an area of automatic consideration is not used, or contains less than five qualified can didates, or if candidates from outside the Department are to be considered. Copies of all such advertisements w ill be furnished to Labor Lodge 12. Advertising w ill include the following information about such a position: a. Title and grade b. Geographic and organizational location c. Summary statement of duties d. Qualifications e. Relative importance of the essential knowledges, skills, and abilities f. Whether the area of automatic consideration is being used, and if so, what it is g. Where additional information may be secured h. Where applications should be sent i. Closing date 2. Employees w ill be automatically considered, when an area of automatic consid eration is used, as follows: a. For positions at GS-13 and above— all bureau employees at the next lower grade in the same classification title and series as the vacant position. b. For positions at GS-12 and below— all bureau employees in the Washington area who are at the next lower grade in the same classification title and series as the vacant position. For cle rica l positions, if there are 20 employees or m ore qualified for a position who are located in a prim ary subdivision of a bureau, this subdivision shall be the area of automatic consideration. 81 82 c. A d van ce a p p lica tio n — a ll e m p lo y e e s who h ave file d an advance a p p lica tion in the bureau fo r the g ra d e and c la s s ific a tio n title and s e r ie s o f the p o s itio n b ein g fille d through use o f the a r e a o f autom atic co n s id e ra tio n . E m p lo y e e s m ay subm it ap p lica tion s in advance fo r any s p e c ifie d occu p a tion a l grou p and g ra d e . T h e s e m ay be sent to any bureau in w hich the e m p lo y e e w is h e s to be c o n s id e re d . Such a p p lication s w ill r e m a in a c tiv e fo r 1 y e a r fr o m the date e lig ib ilit y is d e te rm in e d . d. When an a re a o f autom atic c o n s id e ra tio n is used, a ll e m p lo y e e s in the autom atic a re a who h ave w o rk e d in the D ep a rtm en t fo r at lea st 90 ca le n d a r days m ust be c o n s id e re d , plus a ll e m p lo y e e s who have p r e v io u s ly file d a p p lica tion s under sectio n 2c o f this a r t ic le . 3. Each bu reau p e rs o n n e l o ffic e w ill publish a w e e k ly lis t o f p o sitio n s b a rg a in in g unit bein g fille d fr o m w ith in an a r e a o f au tom atic c o n s id e ra tio n . T h is lis t w ill be d is p la y e d in the W ashington o ffic e s o f the bureau issu in g the lis t and a co p y w ill be fu rn ish ed L a b o r L o d g e 12. Th e lis t w ill in clu de o rg a n iz a tio n a l and bu ildin g lo c a tio n fo r each p o s itio n and any addition al q u a lific a tio n s ap p roved under a r t ic le II, se c tio n 1. The p o s itio n w ill appear on the f i r s t w e e k ly lis tin g a fte r the bureau p ers o n n e l o ffic e d e te rm in e s that the p o s itio n can be fille d fr o m w ith in an a re a o f au tom atic c o n s id e ra tio n . in A r t ic le II. D e te rm in in g B a s ic E lig ib ilit y Each e m p lo y e e who file s an a p p lica tio n w ill be g iv e n p rom p t n o tice in w r itin g by the bureau p ers o n n e l o ffic e as to w h eth er o r not he m e e ts the q u a lific a tio n re q u ire m e n ts fo r the p o sitio n fo r w hich he applied. 1. A n y q u a lific a tio n s r e q u ire d in addition to m a n d a to ry C iv il S e r v ic e C o m m is s io n standards m ust be a p p roved by the A s s is ta n t A d m in is tr a tiv e A s s is ta n t S e c r e t a r y and inclu ded in the announcem ent. Such a d d ition al re q u ire m e n ts m ust be e s s e n tia l to the p r o p e r p e r fo r m ance of the duties of the p ositio n . A d d itio n a l q u a lific a tio n s con cern in g se x o r p h y s ic a l con d ition w ill be a p p roved on ly when re q u ire d by the actu al du ties and w o rk in g con dition s o f the p o sitio n under c r it e r ia e s ta b lish ed by the C iv il S e r v ic e C o m m is s io n . 2. A l l can didates w ill be ra ted again st the sam e standards w ithout r e g a r d to r a c e , r e lig io n , p o litic s , o r age. S ex o r p h y s ic a l con d ition w ill be a fa c to r in d e te rm in in g e l i g ib ilit y on ly as s p e c ifie d in s ectio n 1. 3. N o candidate m ay be elim in a te d fr o m c o n s id e ra tio n on the b a sis o f an addition al standard not s p e c ifie d in the announcem ent o r lis tin g . A r t ic le III. G rou pin g o f C andidates C andidates w i l l be evalu ated into two grou p s by q u a lific a tio n s ra tin g e x a m in e rs o r by m e r it s ta ffin g pan els. Standard F o r m s 57 o r 58 and the annual s u p e r v is o r y a p p ra is a l w ill be used fo r eva lu a tion s. The use o f O ffic ia l P e r s o n n e l F o ld e r s w ill be m in im iz e d . 1 1. E va lu a tion by q u a lific a tio n s ra tin g e x a m in e rs . a. Q u a lifica tio n s ra tin g e x a m in e rs w ill be d esign a ted by the A s s is ta n t A d m in is tr a tiv e A s s is ta n t S e c r e ta r y to ra te fo r s p e c ifie d grou ps o f p o sitio n s. T h e y m ust be e ith e r e x p e rt in the occu p ation al fie ld fo r w hich they a re d esig n a ted to ra te , o r be s k ille d in the eva lu a tion o f e x p e r ie n c e , education, and tra in in g . the 83 b. The im m e d ia te s u p e rv is o r m ay not s e r v e as the q u a lific a tio n s ra tin g e x a m in e r fo r the p o sitio n to be fille d . c. M an agem en t w ill a d vise the L o d g e in advance o f grou ps o f p o sition s to be s e r v ic e d b y q u a lific a tio n s ra tin g e x a m in e rs and the nam es o f p erso n s to be appointed as e x a m in e rs . 2. E va lu a tion by M e r it S taffin g P a n e ls . a. P e r s o n s who s e r v e on panels m ust be e ith e r e x p e rt in the occu p ation al fie ld o f the va ca n cy and at a g ra d e le v e l equal to o r above the va ca n cy, o r s k ille d in the eva lu a tion o f e x p e r ie n c e , education, and tra in in g . b. The s u p e rv is o r o f the vacant p ositio n m a y not s e r v e on the panel fo r that p ositio n u n less, in e x c e p tio n a l c irc u m s ta n c e s , p r io r ap p ro va l has b een obtained fr o m the A s s is ta n t A d m in is tr a tiv e A s s is ta n t S e c r e ta r y . L a b o r L o d g e 12 w ill be g iv e n t im e ly n o tice o f a ll situ ations in w hich such a p p ro va l is given . 3. When, even a fte r a d v e rtis in g , th e re a re fiv e o r fe w e r can d id ates, the evalu ation re q u ire d in sectio n s 1 and 2 o f this a r tic le w ill not be m ade. H o w e v e r, in m aking a s e le c tio n in such a situ ation the s e le c tin g o ffic ia l w ill fo llo w the p ro c e d u re s in a r t ic le IV , s ectio n 4. 4. No s u p e r v is o r y o r oth er e m p lo y e e sh all in any w a y attem pt to in flu en ce q u a li fic a tio n s ratin g e x a m in e rs o r m e m b e rs o f the M e r it S taffin g P a n e l in the c a r r y in g out o f th e ir r e s p o n s ib ilitie s . 5. E va lu a tion o f can didates w ill be b ased on a r e v ie w o f each in d iv id u a l's to ta l b a c k ground to d e te rm in e the exten t to w hich he p o s s e s s e s the n e c e s s a r y quantity and q u a lity o f e x p e r ie n c e , k n ow led ge, s k ills , a b ilitie s and tra in in g needed fo r s u c c e s s fu l p e rfo rm a n c e in the job to be fille d . a. E va lu a tion is to be m ade w ithout o r p h y sica l condition. re g a r d to ra c e , r e lig io n , p o litic s , age, sex, b. E valu ation s m ay be m ade jo in tly by the panel o r in d iv id u a lly b y the m e m b e rs . If the la tte r m ethod is used, the panel w ill p re p a re a c o m p o s ite ra tin g fr o m th e ir in d ivid u a l ra tin g s. The m ethod used m ust be re c o r d e d and a ll r e c o r d s o f in d ivid u al and c o m p o s ite ra tin gs m ust be p r e s e r v e d . c. E va lu a tion fa c to r s sh all be applied u n ifo rm ly to a ll can didates and m ade a m a tte r of reco rd . The su m m a ry eva lu a tio n fo r each candidate m ust be co n sisten t with the fa c to r eva lu a tion s. 6. The annual s u p e r v is o r y a p p ra is a l w ill p ro v id e fo r e m p lo y e e com m en t. A copy o f the a p p ra is a l w ill be g iv e n the e m p lo y e e . No annual s u p e r v is o r y a p p ra is a l is to be used on w hich the e m p lo y e e has not had an opp ortu n ity to com m en t. 7. E m p lo y e e s m a y exam in e th e ir e n tire p e rso n n el f ile ex cep t fo r such docum ents C iv il S e r v ic e C o m m is s io n regu la tio n s r e q u ire not be shown to the e m p lo y e e . Such docum ents a re in sea led e n velo p es and are not to be seen by the ratin g e x a m in e r o r panel. A r t ic le IV . S e le c tio n o ffic ia l, The b e s t-q u a lifie d p e rs o n fo r the p ositio n to be fille d , in the judgm ent o f the s e le c tin g sh all be s e le c te d . 1. In d ecid in g who is the b est q u a lifie d , to base his c h o ice on the fo llo w in g c r it e r ia : a. The to be fille d . it is the o b lig a tio n o f the s e le c tin g o ffic ia l b est com b in ation o f education and e x p e rie n c e re q u ire d fo r the s p e c ific job 84 b. P e r s o n a l t r a i t s — such as a b ility to w o r k with o th e r s , to e x e r t le a d e r s h ip o r to s u p e r v is e — to the extent they are r e q u ir e d by the s p e c ific job to be fille d . c. P a s t and p resen t job p e r f o r m a n c e as they r e la t e to the r e q u ir e m e n ts o f the job to be fille d . d. Length of s e r v i c e in the g ra d e b e lo w that o f the job to be f i l l e d , o r in a h ig h e r g r a d e , to the extent that such s e r v i c e is r e la te d to the c u rre n t r e q u ir e m e n t s o f the s p e c ific job to be f ille d . 2. An e m p lo y e e shall be s e le c te d when his q u alification s equal o r the b e s t - q u a lifie d candidate f r o m outside the D ep a rtm en t. If a non em p loyee th e re are a v a ila b le e m p lo y e e s e l i g i b l e f o r s e le c tio n , the s e le c tin g o f f i c i a l b a s is f o r his s e le c t io n in w r it in g by showing how the q u alification s of the a re s u p e r io r to those o f the e m p lo y e e s who w e r e not s e le c te d . e x c e e d those of is s e le c te d , and w i l l explain the p e r s o n s e le c t e d 3. If th e re a r e f e w e r than f i v e candidates in the top group, candidates in the second grou p m a y also be c o n s id e r e d . H o w e v e r , i f an e m p lo y e e f r o m the second grou p is s e le c te d , the s e le c tin g o f f i c i a l w i l l e xp la in the b a s is f o r his s e le c t io n in w r itin g by showing how the q u alification s o f the p e r s o n s e le c t e d a re s u p e r io r to each candidate in the h ig h e r group. 4. When th e re are f i v e o r f e w e r candidates f o r a p osition the s e le c tin g o f f i c i a l w i l l exp lain the b a s is f o r his s e le c t io n in w r itin g on the b a s is of the applicable section s o f this a r t ic le . 5. When re q u e s te d under A r t i c l e V, the s e le c tin g o f f i c i a l shall explain his c h oice in w r it in g on the b a sis of the applicable section s o f this a r t ic le . 6. S e lection s w i l l be made without r e g a r d to r a c e , p h y s ic a l condition. r e lig io n , p o lit ic s , age, 7. If the qu alification s o f two o r m o r e e m p lo y e e s a re substantia lly equal, w i l l be g iv e n in the fo llo w in g o r d e r : a. or preference A n e m p lo y e e dow ngraded through R I F . b. sex, A n e m p lo y e e at the m a x im u m scheduled s a l a r y rate f o r his g ra d e. c. The e m p lo y e e who has the lon gest p e r io d o f tim e since his la st p rom otion . This p e r io d o f tim e w i l l be com puted to the n e a r e s t y e a r . In the event o f a tie in this fa c t o r , p r e f e r e n c e w i l l be g iv e n f i r s t to the e m p lo y e e in the bureau with the vacan cy, then to the e m p lo y e e with the g r e a t e s t amount o f L a b o r D e p a rtm e n t s e r v i c e , and f in a lly to the e m p lo y e e with the lo n g e s t F e d e r a l s e r v i c e . 8. P u b lic iz in g sele ctions-— A l l c o m p e t it iv e s e le c tio n s m ade in the b argain in g unit w i l l be lis t e d at the sam e location s at which v a c a n c ie s are a d v e r tis e d . C o p ie s o f such lis t s w i l l be sent to L a b o r L o d g e 12. A r t i c l e V. R e v i e w of M e r i t Staffing A ctio n s Upon an e m p l o y e e 's o r a l o r w r it t e n req u est, the e m p lo y e e o r his design ated r e p r e sentative shall be g iv e n in fo r m a tio n r e g a r d in g a s p e c if ic m e r i t staffing action f o r which the e m p lo y e e was c o n s id e r e d . 1. The bureau p e rs o n n e l o f f i c e w i l l upon r e q u e s t ad vise the e m p lo y e e o r his d e s i g nated r e p r e s e n t a t i v e o f the ratin g grou p the e m p lo y e e w as p laced in f o r any position in the bureau f o r which the e m p lo y e e w as c o n s id e re d . Such a re q u e s t m a y be made anytim e a fter a v a c a n c y has been a d v e r t is e d o r announced in the b a rga in in g unit. The e m p lo y e e o r his r e p r e s e n t a t i v e w i l l be g iv e n the r e q u ested in fo r m a tio n within two w o rk d a y s a fte r the e v a l uation has been made. 85 2. A f t e r a s e le c t io n has been announced, the bureau p e r s o n n e l o f f i c e w i l l , upon requ est, ad vise an e m p lo y e e who was a candidate f o r the position o r his design ated r e p r e sentative what ratin g grou p the p e r s o n who was s e le c te d was assig ned. 3. Within 10 w o r k d a y s a fte r the date a s e le c tio n is announced an e m p lo y e e who was ,a candidate o r his d esign a ted r e p r e s e n t a t iv e m a y re q u e s t a r e v i e w and explanation o f the m e r i t staffin g action. Such r e q u e s ts shall be in w r it in g to the head o f the bureau in which the v a c a n c y o c c u r r e d and shall: a. Id en tify r e v ie w e d ; and b. the p a r t ic u la r aspect o f the action which the e m p lo y e e w is h e s to have Explain b r i e f l y why the e m p lo y e e w is h e s the r e v i e w made. 4. When such a re q u e s t is m ade, the e m p lo y e e o r his design ated r e p r e s e n t a t iv e w i l l be g iv e n an explanation o f the action within 10 w o rk d a y s. This explanation shall be in w r itin g i f the e m p lo y e e r eq u ests it be so made. 5. If a va ca n cy cannot be f i l l e d f o r any re a s o n once a li s t o f candidates has been p r o c e s s e d f o r a v acan cy, the m an agem en t of the bureau w i l l g iv e an e m p lo y e e who has m ade an in q u iry under this a r t ic le o r his d esign a ted r e p r e s e n t a t iv e the r e a s o n the position cannot now be f ille d . 6. A t the in itia tiv e o f m an agem en t o r L a b o r L o d g e 12 s p e c ific m e r i t staffing actions m a y be r e v i e w e d at a bureau e m p lo y e e - m a n a g e m e n t re la tio n s m ee tin g . The group w i l l be g iv e n a c c e s s to the c o m p le te r e c o r d o f the action. In addition, the grou p m a y secu re through the head o f the bureau a w r it t e n explanation by the s e le c tin g o f f i c i a l o f his s e le c tio n as r e q u ir e d in a r t i c l e IV, se c tio n 5. S p e c ific actions w i l l not be d is c u s s e d at the D e p a r t m en ta l l e v e l ex cep t as n e c e s s a r y to point up b r o a d e r p r o b le m s which e ith e r p a rty is presen tin g. 7. T h e r e w i l l be r e g u l a r l y scheduled D e p a rtm e n ta l r e v i e w s o f bureau p erso n n el actions taken under this a g re e m e n t. A r e p r e s e n t a t iv e nominated by the lodge w i l l p a r t i c ipate in each such r e v i e w to d e t e r m in e i f the purposes and intent o f this a g r e e m e n t are being fu lfille d . The lodge r e p r e s e n t a t iv e w i l l be d e ta ile d to O A A S f o r the p e rio d of the review . A r t i c l e VI. General 1. T h is a g r e e m e n t is applicable to all p e rs o n n e l actions fi l l i n g c o m p e t it iv e positions in the L a b o r L o d g e 12 b a rga in in g unit subject to the c a t e g o r i e s o f exceptions stated in the D e p a r t m e n t 's M e r i t Staffing regu lation s. Changes in these c a t e g o r i e s o f e x cep tio n s, as a p p li cable in the b a rga in in g unit, a re subject to n egotiation betw een the p a r tie s . E m p lo y e e s w i l l be kept in fo r m e d o f the c u rre n t c a t e g o r i e s of exceptions. 2. This a g r e e m e n t shall be in t e r p r e t e d in a ccord a n ce with the D e p a rtm e n t o f L a b o r and C i v i l S e r v i c e C o m m i s s i o n re g u la tio n s , and nothing in this a g r e e m e n t shall in any way ab rid ge the righ ts o f the individual e m p lo y e e under such regu lation s. S p e c ific a lly , the e m p l o y e e 's righ t to f i l e a c o m p la in t under the D e p a r tm e n t's M e r i t Staffing regu lations is in no w a y lim it e d by this a g re e m e n t. 3. This a g r e e m e n t shall be m ade e f f e c t i v e as r a p id ly as a d m in is t r a t iv e ly f e a s ib le , but no la t e r than 45 days a fter signing by both p a rtie s . Appendix D Identification of Clauses Agency, Installation, and Employee Organization 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Veterans Administration Hospital— Tuscaloosa, Ala. Government (AFGE, Lodge 131). Treasury, Bureau of Engraving and Printing— Washington, D. C. Printing Pressmen (IPPA, Local 1). Air Force, Seymour Johnson AFB— North Carolina. Operating Engineers (IUOE, Local 437). Veterans Administration Hospital— Muskogee, Okla. Government (AFGE, Lodge 2250). Army, Army Map Service— Washington, D. C. Lithographers (LPIU, Local L-98). Navy, Long Beach Naval Shipyard— California. Metal Trades Council (MTC). Health, Education, and Welfare, Social Security Administration, District Office— Kansas City, Mo. Government (AFGE, Lodge 1336). Navy, Naval Air Station, Whidbey Island— Washington. Government (AFGE, Lodge 1513). Navy, Pearl Harbor Naval Shipyard— Hawaii. Metal Trades Council (MTC). Labor— Washington, D. C. Government (AFGE, Lodge 12). Smithsonian Institution, National Zoological Park— Washington, D. C. Government (AFGE, Lodge 185). Navy, Naval Air Turbine Test Station— Trenton, N. J. Metal Trades Council (MTC). Veterans Administration Regional Office— Los Angeles, Calif. Government (AFGE, Lodge 490). Army, Army Pictorial Center— Long Island City, N. Y. Federal Employees (NFFE, Local 1106) (ind.). Agriculture, Agricultural Marketing Service— Nationwide. Tobacco Inspectors (FTIMA) (Ind. ). Navy, Public Works Center— Norfolk, Va. Metal Trades Council (MTC). Army, Redstone Arsenal— Alabama. Government (AFGE, Lodge 1858). Army, Engineer Depot— Granite City, 111. Operating Engineers (IUOE, Local 149A). Navy, Charleston Naval Shipyard— South Carolina. Metal Trades Council (MTC). Navy, Naval Air Station— Sanford, Fla. Metal Trades Council (MTC). Navy, MSTS, Gulf Area— New Orleans, La. Marine Engineers (MEBA). Treasury, Bureau of Engraving and Printing— Washington, D. C. Plate Printers (PPDSE, Local 2). 86 87 Agency, Installation, and Employee Organization 23 24 25 26 27 28 29 30 31 32 33 34 35 3b 37 38 39 40 41 42 43 44 45 46 47 Navy, Fleet Anti-Air War Training Center— Dam Neck , Va. Government (AFGE, Lodge 1835). Navy, Naval Station— Washington, D. C. Metal Trades Council (MTC). Federal Aviation Agency, Systems Maintenance Sector No. 395— Wake Island. Electrical Workers (IBEW, Local 1186). Army, Blue Grass Army Depot— Richmond, Ky. Machinists (IAM, Lodge 859). Navy, New York Naval Shipyard— Brooklyn, N. Y. Metal Trades Council (MTC). Navy, Navy Publications and Printing Service Office---Boston, Mass. Government (NAGE, Local R l-61) (Ind. ). Navy, Naval Air Station— Olathe, Kans. Government (AFGE, Lodge 134 7). Army, Fort Huachuca— Tucson, Ariz. Electrical Workers (IBEW, Local 570). Commerce, Saint Lawrence Seaway Development Corp.— Michigan and New York. Government (AFGE, Lodge 1968). Interior, Bureau of Mines Research Center— Morgantown, W. Va. Government (AFGE, Lodge 1995). Commerce, Coast and Geodetic Survey— Washington, D. C. Lithographers (LPIU, Local L-98). Air Force, Hickman AFB— Hawaii. Electrical Workers (IBEW, Local 1186). Army, District Corp of Engineers— Nashville, Tenn. Electrical Workers (IBEW, Locals 316 and 2080). Navy, Navy Publications and Printing Service— Point Mugu, Calif. Government (AFGE, Lodge 1224). Veterans Administration Hospital— Madison, Wis. Government (AFGE, Lodge 1 732). Navy, San Francisco Naval Shipyard— California. Metal Trades Council (MTC). Navy, Naval Construction Battalion Center— Davisville, R. I. Government (NAGE, Local R l-14) (Ind.). Navy, Naval Supply Depot— Newport, R. I. Federal Employees Association (Local 1) (ind.). Navy, MSTS, Far East Area— Japan. Marine Engineers (MEBA). Navy, Naval Air Station— Jacksonville, Fla. Machinists (IAM, Lodge 1630). Army, Fort McClellan— Alabama. Government (AFGE, Lodge 1941). Navy, Naval Air Station— Brunswick, Maine. Government (NAGE, Local R l-77) (ind.). Navy, Naval Supply Center— Norfolk, Va. Machinists (IAM, Lodge 97). Tariff Commission— Washington, D. C. Lithographers (LPIU, Local L-98). Civil Aeronautics Board, Office of Administration— Washington, D. C. Lithographers (LPIU, Local L-98). 88 Clause number 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Agency, Installation, and Employee Organization Navy, Navy Publications and Printing Service Office— Pearl Harbor, Hawaii. Lithographers (LPIU, Local L-62). Interior, National Park Service, National Capital Region— Washington, D. C. Painters (BPDP, Local 1632). Army, Fort Leslie J. McNair— Washington, D. C. Government (AFGE, Lodge 1935). Federal Aviation Agency, Aircraft Service Base— Oklahoma City, Okla. Machinists (IAM, Lodge 960). Health, Education, and Welfare, Social Security Administration, Philadelphia Payment Center— Pennsylvania. Government (AFGE, Lodge 2006). Health, Education, and Welfare, Social Security Administration, District Office— Miami, Fla. Government (AFGE, Lodge 2091). Veterans Administration Hospital— W ilkes-Barre, Pa. Government (AFGE, Lodge 1699). Interior, Bureau of Commercial Fisheries— Terminal Island, San Pedro, Calif. Government (AFGE, Lodge 1981). Navy, MSTS, Pacific Area— San Francisco, Calif. Marine Engineers (MEBA). Army, Pine Bluff Arsenal— Arkansas. Government (AFGE, Lodge 953). Navy, Puget Sound Naval Shipyard— Bremerton, Wash. Metal Trades Council (MTC). Navy, Supervisor of Shipbuilding— Camden, N .J. Technical Engineers (AFTE, Lodge 198). Atomic Energy Commission, Albuquerque Operations Office, Branch Office--- Amarillo, Tex. Government (AFGE, Lodge 2231). Veterans Administration Center— Mountain Home, Tenn. Government (AFGE, Lodge 1687). Navy, Naval Air Station— Norfolk, Va. Government Inspectors (NAGI, Unit No. 3) (Ind. ). Treasury, Coast Guard Aircraft Repair and Supply Base— Elizabeth City, N. C. Machinists (IAM, Lodge 2203). General Services Administration, Region 6— Kansas City, Mo. Government (AFGE, Lodge 234). Interior, Bureau of Reclamation, Rio Grande Project— New Mexico. Electrical Workers (IBEW, Local 611). Navy, Navy Public Works Center— Newport, R. I. Government (AFGE, Lodge 190). Interstate Commerce Commission— Washington, D. C. Lithographers (LPIU, Local L-98). Navy, Naval Academy— Annapolis, Md. Government (AFGE, Lodge 896). Navy, MSTS, Far East Area— Japan. Maritime (NMU). Navy, MSTS, (Office)— Honolulu, Hawaii. Marine Engineers (MEBA). 89 Agency, Installation, and Employee Organization 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Army, Army Map Service— Providence, R. I. Government (AFGE, Lodge 1884). Veterans Administration Hospital— Montrose, N. Y. Montrose Employee Union Council. Air Force, Reese AFB— Lubbock, Tex. Government (AFGE, Lodge 1810). Army, Umatilla Army Depot— Hermiston, Oreg. Government (AFGE, Lodge 1417). Navy, Marine Corps Base— Twenty-Nine Palms, Calif. Government (AFGE, Lodge 2018). Air Force, Nellis AFB— Las Vegas, Nev. Government (AFGE, Lodge 1199). Interior, Bureau of Indian Affairs— Seattle, Wash. Employees Council of USMV North Star III. Navy, Marine Corps Air Facility— Santa Ana, Calif. Government (AFGE, Lodge 1881). Veterans Administration Center— Hot Springs, S. Dak. Government (AFGE, Lodge 153 9). Navy, Naval Air Station— Alameda, Calif. Operating Engineers (IUOE, Local 39). Navy, Naval Underwater Ordnance Station— Newport, R. I. Machinists (LAM, Lodge 119). Air Force, Cannon AFB— Clovis, N. Mex. Government (AFGE, Lodge 230 8). Navy, Naval Ordnance Plant— Louisville, Ky. Machinists (IAM, Lodge 830). Army, District Corp of Engineers— Buffalo, N. Y. Maritime (NMU). Navy, MSTS, Gulf Area— New Orleans, La. Maritime (NMU). Army, District Corps of Engineers— Philadelphia, Pa. Marine Engineers (MEBA). Navy, Naval Torpedo Station— Keyport, Wash. Metal Trades Council (MTC). Interior, Bureau of Reclamation, Middle Rio Grande Project— New Mexico. Government (AFGE, Lodge 224 6). Agriculture, Agricultural Marketing Service— Omaha, Nebr. Government (AFGE, Lodge 2223). Interior, Bureau of Mines, Helium Activity— Amarillo and Exell, Tex. Government (AFGE, Lodge 2104). Air Force, Chanute AFB— Illinois. Federal Employees (NFFE, Locals 493 and 1381) (Ind. ). Navy, Navy Publications and Printing Service Office— Mare Island, Vallejo, Calif. Printing Pressmen (IPPA, Local 473). Federal Aviation Agency, Headquarters Printing Plant— Washington, D. C. Lithographers (LPIU, Local L-98). Health, Education, and Welfare, Social Security Administration, Payment Center----Chicago, 111. Government (AFGE, Lodge 1395). Navy, Naval Oceanographic Office— Washington, D .C . Lithographers (LPIU, Local L-98). 90 Clause number 96 97 98 99 100 101 102 10 3 104 105 106 107 108 109 110 111 112 113 114 115 116 Agency, Installation, and Employee Organization General Services Administration, Region 7— Dallas, Tex. Postal Alliance (NAPE) (Ind. ). Veterans Administration Center— Reno, Nev. Government (AFGE, Lodge Z15 2). Interior, Bureau of Indian A ffairs, Yakima Agency— Portland, Oreg. Federal Employees (NFFE, Local 341) (Ind.). Labor, Bureau of Apprenticeship and Training, Region VI— Cleveland, Ohio. Government (AFGE, Lodge 1071). General Services Administration, Region 5— Chicago, 111. Government (AFGE, Lodge 1626). Veterans Administration Hospital— Perry Point, Md. Government (AFGE, Lodge 331). Interior, Bureau of Reclamation, Region 3— Boulder City, Nev. Lithographers (LPIU, Local L-22). Navy, Naval Hospital— Philadelphia, Pa. Government (AFGE, Lodge 1350). Defense, Armed Forces Institute— Madison, Wis. Government (AFGE, Lodge 1773). Army, Watertown Arsenal— Massachusetts. Association of Engineers and Scientists (ind. ). Agriculture, Agricultural Research Service— Nationwide. National Joint Council of AFGE Meat Inspection Lodges. Interior, Bureau of Commercial Fisheries— Seattle, Wash. Alaska Fishermen1s Union (SIU). General Services Administration, Region 2— New York, N. Y. Government (AFGE, Lodge 2061). Army, District Corps of Engineers— Baltimore, Md. Government (AFGE, Lodge 1041). Air Force, Kincheloe AFB— Michigan. Federal Employees (NFFE, Local 32) (Ind. ). Veterans Administration Regional Office----San Francisco, Calif. Government (AFGE, Lodge 1159). Railroad Retirement Board— Nationwide. Government (Council of AFGE Lodges). Navy, MSTS, Atlantic Area— New York, N. Y. Maritime (NMU). Veterans Administration Hospital— Fayetteville, Ark. Government (AFGE, Lodge 2201). Interior, Bureau of Mines, District A. Health and Safety— W ilkes-Barre, Pa. Government (AFGE, Lodge 2268). Navy, Navy Publications and Printing Service— San Diego, Calif. Printing Pressmen (IPPA, District Joint Council). NOTE: All unions are affiliated with the AFL-CIO except those followed by (Ind. ). U . S. GOVERNM ENT P R IN T IN G O F F IC E : 1965 O - 7 8 4 -5 6 2 BUREAU OF LABOR STATISTICS REGIONAL OFFICES