Collective Bargaining Agreement Between - AFGE

1 Collective Bargaining Agreement Between Federal Emergency Management Agency (FEMA) And American Federation of government Employees (AFGE) Council 56 Agreement Date: December 5, 2016 1 TABLE OF CONTENTS ARTICLE 1: RECOGNITION AND COVERAGE .. 4 ARTICLE 2: GENERAL PROVISIONS .. 7 ARTICLE 3: CADRE OF ON-CALL RESPONSE/RECOVERY EMPLOYEES .. 9 ARTICLE 4: EMPLOYEE RIGHTS .. 14 ARTICLE 5: OFFICIAL TIME .. 20 ARTICLE 6: FACILITIES AND SERVICES .. 24 ARTICLE 7: MANAGEMENT RIGHTS .. 28 ARTICLE 8: LABOR-MANAGEMENT COOPERATION .. 29 ARTICLE 9: IMPACT Bargaining AND MIDTERM Bargaining .. 31 ARTICLE 10: MERIT PROMOTION .. 34 ARTICLE 11: POSITION DESCRIPTIONS & CLASSIFICATION .. 38 ARTICLE 12: OFFICIAL RECORDS .. 40 ARTICLE 13: TRAINING & CAREER DEVELOPMENT .. 42 ARTICLE 14: PERFORMANCE MANAGEMENT .. 44 ARTICLE 15: AWARDS AND 49 ARTICLE 16: UNIFORMS.

2 51 ARTICLE 17: WORK SCHEDULES .. 53 ARTICLE 18: ABSENCE AND LEAVE .. 59 ARTICLE 19: 65 2 ARTICLE 20: DISASTER 69 ARTICLE 21: TRAVEL .. 70 ARTICLE 22: DETAILS AND TEMPORARY PROMOTIONS .. 73 ARTICLE 23: REASSIGNMENT AND RELOCATION .. 75 ARTICLE 24: REDUCTION-IN-FORCE AND TRANSFER OF FUNCTION .. 78 ARTICLE 25: CONTRACTING 82 ARTICLE 26: HEALTH AND SAFETY .. 83 ARTICLE 27: FITNESS-FOR-DUTY .. 88 ARTICLE 28: WORKER S COMPENSATION .. 90 ARTICLE 29: TEMPORARY LIGHT DUTY ASSIGNMENTS .. 93 ARTICLE 30: DRUG TESTING .. 95 ARTICLE 31: EMPLOYEE ASSISTANCE .. 96 ARTICLE 32: VIOLENCE IN THE WORKPLACE .. 98 ARTICLE 33: INVESTIGATIONS .. 99 ARTICLE 34: DISCIPLINARY AND ADVERSE ACTIONS .. 101 ARTICLE 35: GRIEVANCE PROCEDURE .. 106 ARTICLE 36: ARBITRATION .. 111 ARTICLE 37: ALTERNATIVE DISPUTE RESOLUTION (ADR) .. 115 ARTICLE 38: EQUAL EMPLOYMENT OPPORTUNITY.

3 117 ARTICLE 39: PARKING AND TRANSPORTATION .. 119 3 ARTICLE 40: DUES 121 ARTICLE 41: DURATION OF Agreement .. 124 4 ARTICLE 1: RECOGNITION AND COVERAGE SECTION 1. PREAMBLE This Agreement is entered into, by and Between the Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), and American Federation of government Employees (AFGE), AFL-CIO. Collectively, FEMA and AFGE shall hereafter be referred to as "the Parties." This Agreement constitutes a Collective Bargaining Agreement Between the Agency and the Union. SECTION 2. COOPERATIVE RELATIONSHIP The Agency and the Union agree that a constructive and cooperative working relationship Between labor and management is essential to achieving the Agency s mission and to ensuring a quality work environment for employees. The parties further recognize that this relationship must be built on a solid foundation of trust, mutual respect, and shared responsibility for organizational success.

4 The parties therefore agree to work together to identify problems and craft solutions, enhance productivity, and deliver the best quality of federal disaster assistance services and resources to the nation. SECTION 3. EXCLUSIVE REPRESENTATION A. The Federal Emergency Management Agency (hereafter referred to as the "Agency," or FEMA or "management ) recognizes the American Federation of government Employees, National Council 56, (hereafter referred to as the "Union or Council ) as the exclusive representative of employees identified by the Federal Labor Relations Authority in Case No. WA-RP-13-0055. As the exclusive representative of the employees in the unit, the Union is entitled to act for and represent the interests of all employees in the unit. B. It is understood that the Union reserves the right to delegate authority to a Local representative to negotiate on behalf of the Union with the Agency.

5 This includes negotiations on Regional or facility-specific issues. C. In the event the Union desires to address Regional or facility-specific issues, those issues must be brought forward by the Council President or Vice President and presented to the FEMA Labor Relations Officer (or designee). In the event the Agency desires to address Regional or facility-specific issues, those issues must be brought forward by the FEMA Labor Relations Officer (or designee) and presented to the Council President or Vice President. SECTION 4. COVERAGE This Collective Bargaining Agreement covers Bargaining unit employees described as Included in the nine geographic unit descriptions in FLRA Case No. WA-RP-13-0055. If the Union requests certification to include additional employees in the unit, and the FLRA decides to amend, clarify, or change the unit to include the additional employees, the additional employees will automatically be covered by this Agreement .

6 The unit descriptions are as follows: 5 Region II, New York, New York Included: All full-time and part-time permanent employees and all nonprofessional CORE employees employed by Region II, Federal Emergency Management Agency. Excluded: All other temporary employees; employees in the position of Public Affairs Specialist, GS-1035-12/13; management officials; supervisors; and employees described in 5 7112(b)(2), (3), (4), (6) and (7). Region III, Philadelphia, Pennsylvania Included: All non-professional permanent full-time and part-time employees of the Federal Emergency Management Agency, Region III, Philadelphia, Pennsylvania. Excluded: All temporary employees, including all employees appointed under the Stafford Act, and all professional employees, management officials, supervisors, and employees described in 5 7112(b)(2), (3), (4), (6), and (7).

7 Region IV, Atlanta, Georgia Included: All professional and non-professional, full-time and part-time permanent employees employed by Region IV Atlanta, and located in Thomasville, Georgia and Atlanta, Georgia. Excluded: Management officials, supervisors, and employees described in 5 7112(b)(2), (3), (4), (6), and (7). Region V, Chicago, Illinois Included: All professional and non-professional employees of the Federal Emergency Management Agency, Region V, Chicago, Illinois. Excluded: All management officials, supervisors, and employees described in 5 7112(b)(2), (3), (4), (6), and (7). Region VII, Kansas City, Missouri Included: All professional and non-professional employees of the Federal Emergency Management Agency, Region VII, Kansas, City, Missouri. Excluded: Disaster Assistance Employees (DAE); management officials; supervisors; and employees described in 5 USC 7112(b)(2), (3), (4), (6), and (7).

8 Region IX, San Francisco, California Included: All professional and non-professional general schedule employees of the Federal Emergency Management Agency, Region 9. Excluded: Temporary employees; management officials; supervisors; and employees described in 5 7112(b)(2), (3), (4), (6), and (7). FEMA Headquarters Included: All professional and nonprofessional General Schedule and Wage Grade employees employed by Headquarters Federal Emergency Management 6 Agency, including employees stationed outside the Washington, Metropolitan Area who are assigned to Headquarters. Excluded: All management officials, supervisors, part-time employees, temporary employees, management interns, professional general schedule employees of the software Design and Engineering Division, Operations and Support Directorate located in Charlottesville, Virginia, all other employees represented by any other labor organization, and employees described in Section 7112(b)(2), (3), (4), (6), and (7) of the Statute.

9 Emmitsburg, Maryland Included: All professional and nonprofessional employees employed by the Department of Homeland Security, Federal Emergency Management Agency and whose duty station is at the National Emergency Training Center in Emmitsburg, Maryland. Excluded: All management officials, supervisors, employees described in 5 7112(b)(2), (3), (4), (6), and (7), and temporary employees with less than 90 day appointments. Mt. Weather, Virginia Included: All nonsupervisory GS, WG, and WAE s non-professional employees employed by the Federal Emergency Management Agency located at the Special Facility; employees located at the four field offices under the Office of Operations Support, Systems Operations Division; employees of the Office of Operations Support, Computer Services Division and Systems Development Division located at Charlottesville, VA; and employees of the Office of Operations Support, Computer Model Division, Resource Data Base Branch and the Vulnerabilities Analysis Branch located at the Central Office, Federal Emergency Management Agency.

10 Excluded: Supervisors, management officials, temporary employees with no reasonable expectancy of continued employment, and employees described in 5 USC 7112(b)(2), (3), (4), (6), and (7). 7 ARTICLE 2: GENERAL PROVISIONS SECTION 1. RELATIONSHIP TO LAWS AND government -WIDE RULES AND REGULATIONS A. In the administration of all matters covered by this Agreement , the Parties shall be governed by existing and future laws, government wide rules and regulations in effect on the date this Agreement becomes effective, and by subsequently enacted government -wide rules and regulations implementing 5 2302. Should any conflict arise Between this Agreement and any such laws or regulations, the provisions of such laws or regulations shall supersede conflicting provisions of this Agreement . B. Any DHS or FEMA directives or policies in effect as of the effective date of this Agreement govern the working conditions of the Parties, unless it conflicts with the terms of this Agreement .