NATIONAL COLLECTIVE BARGAINING …

1 NATIONAL COLLECTIVE BARGAINING agreement between and May 11, 2011 Revised October 2013 TABLE OF CONTENTS Page - i - Introductory Note .. 1 Preamble .. 2 Article 1: Coverage .. 3 Article 2: Fairness and Equitability .. 4 Article 3: Effect of Law & Regulation .. 5 Article 4: Labor-Management Relations Committees .. 6 Article 5: Union Rights .. 9 Article 6: Agency Rights .. 12 Article 7: Protection Against Prohibited Personnel Practices .. 13 Article 8: Position Descriptions and Classification Appeals .. 18 Article 9: Personnel Records .. 22 Article 10: Notice to Employees .. 24 Article 11: Outside Employment .. 26 Article 12: Probationary Periods .. 28 Article 13: Bid, Rotation and Placement .. 32 Article 14: Alternative Work Schedules.

2 48 Article 15: Telework .. 52 Article 16: 62 Article 17: Part-Time Employment .. 68 Article 18: Child Care Subsidy 70 Article 19: Employee Proficiency Review .. 73 Article 20: Acceptable Level of Competence .. 82 Article 21: Unacceptable Performance .. 86 Article 22: 91 Article 23: Reduction in Force and Transfer of Function .. 96 Article 24: Retirement .. 97 Article 25: Dues Allotments .. 99 Article 26: BARGAINING .. 104 Article 27: Grievance Procedure .. 109 Article 28: Arbitration .. 117 Article 29: Access to Facilities and Services .. 126 Article 30: Union Representatives and Official Time .. 132 Article 31: Employee Rights .. 139 Article 32: Employee Development .. 144 Article 33: Safety and Health .. 149 Article 34: Scheduling.

3 159 Article 35: Overtime .. 165 Article 36: Holidays .. 176 Article 37: Leave and Excusal .. 182 Article 38: Temporary Assignments .. 201 TABLE OF CONTENTS Page - ii - Article 39: Reassignments .. 205 Article 40: Preclearance .. 215 Article 41: Merit Promotion .. 218 Article 42: Awards and Recognition .. 227 Article 43: Use of Force and Firearms .. 236 Article 44: Attire and Appearance .. 244 Article 45: Disciplinary Actions .. 249 Article 46: Adverse Actions .. 254 Article 47: Equal Employment Opportunity .. 257 Article 48: Duration .. 265 Appendix A: Investigatory Interview Forms General Notice .. A-1 Weingarten Rights .. A-2 Third Party Witness Interviews .. A-3 Miranda Rights .. A-4 Beckwith Rights .. A-5 Kalkines Rights.

4 A-6 Appendix B: Dues Withholding Codes .. A-7 Appendix C: Grievance Form (CBP 280) .. A-11 Appendix D: Douglas Factors .. A-12 Appendix E: Personal Appearance Standards Quick Reference Matrix .. A-14 Appendix F: Foreign Language Awards Program .. A-16 Appendix G: Procedures for Processing EEO Grievances .. A-19 - 1 - INTRODUCTORY NOTE Any reference to "employee" or "employees" throughout this agreement shall mean BARGAINING unit employee(s) only. Furthermore, as the English language lacks a generic singular pronoun signifying both the masculine and feminine ( , he and she , him and her , etc.); we have followed the customary and grammatically sanctioned use of masculine pronouns to refer to persons of either sex. However, in reaffirmation of our dedication to the equality of the sexes in the employment situation, wherever a masculine pronoun is used in this agreement to denote an employee, supervisor or other party, it refers to persons of both sexes and shall be construed to include males and/or females as appropriate.

5 Throughout this agreement , Customs and Border Protection may be referred to as "The Employer", Agency , or "CBP , and the NATIONAL Treasury Employees Union may be referred to as "the Union", or NTEU. All acronyms will be spelled out the first time they are used in a given Article. - 2 - PREAMBLE As the first NATIONAL COLLECTIVE BARGAINING agreement between Customs and Border Protection (CBP) and the NATIONAL Treasury Employees Union (NTEU) for the Agency-wide BARGAINING unit established by the Federal Labor Relations Authority on May 18, 2007, CBP and NTEU set forth the following principles of general guidance to aid in the creation of a constructive labor-management relationship that ensures and supports the effective and efficient accomplishment of the Agency s critical NATIONAL security mission: We recognize employees are the keystone of the Agency, and their commitment, knowledge, skill, wisdom, experience, enthusiasm and versatility is the lifeblood to the successful accomplishment of the Agency s important mission.

6 We recognize participation of employees, through their elected representative, NTEU, in the formulation and implementation of policies and practices affecting the conditions of their employment can contribute to increased organizational performance. As a result, CBP and NTEU are committed to develop and maintain a constructive relationship supportive of the employees and the mission they fulfill. We renew, as this relationship moves forward, our commitment to: o Recognize each others needs and interests; o Focus and encourage non-adversarial methods for resolving problems; o Encourage and assist employees in developing to their full potential; and o Invite employee input on matters that affect them whenever practicable. - 3 - ARTICLE 1: COVERAGE The terms of this agreement apply to all professional and non-professional employees of Customs and Border Protection (CBP), excluding: Employees in the Office of Border Patrol who are assigned to Border Patrol Sectors; Employees of the Office of Chief Counsel; and Management officials, supervisors, and other employees excluded from BARGAINING unit in accordance with 5 7112(b)(2), (3), (4), (6) and (7).

7 In the event the NATIONAL Treasury Employees Union is certified as the exclusive representative of any additional BARGAINING unit(s) within CBP after the effective date of this agreement , the parties may, by mutual agreement , automatically cover such unit(s) by the terms of this agreement . - 4 - ARTICLE 2: FAIRNESS AND EQUITABILITY Section 1. Several provisions in this agreement require that the Employer exercise its authority or discretion in a fair and impartial (or fair and equitable) manner. Unless otherwise defined, such terms will be interpreted to mean that the Employer will exercise the referenced authorities or discretion fairly and consistently so as to avoid adverse impact. To clarify, this provision does not require the authority or discretion itself to be fair and impartial (or fair and equitable) on its face; but rather that it be applied, or followed fairly and impartially (or fairly and equitably).

8 In other words, the provision simply requires that the referenced authorities or discretion be applied (or not applied) in accordance with law, rule, regulation, and this agreement to similarly situated BARGAINING unit employees, without bias, favoritism, arbitrariness or consideration of reasons not relating to merit or mission. Section 2. In carrying out its representation functions, the union will treat employees with dignity and respect. - 5 - ARTICLE 3: EFFECT OF LAW & REGULATION Section 1. Except as provided by law, in the administration of all matters covered by this agreement , the parties are governed by: Existing or future laws; Government-wide rules or regulations in effect on the date the agreement becomes effective; Government-wide rules and regulations issued after the agreement is effective which do not conflict with the contract and over which all BARGAINING responsibilities have been fulfilled; and Department of Homeland Security and Customs and Border Protection rules and regulations which do not conflict with this agreement and over which all BARGAINING responsibilities have been fulfilled.

9 Section 2. The parties may implement through mutual agreement any conflicting rules or regulations issued after the effective date of this agreement or over which BARGAINING has not been completed, but this is not a mandatory subject of BARGAINING for either party. Section 3. This agreement supersedes all previous agreements and past practices in conflict with it. Otherwise, all practices and agreements will continue until otherwise modified by the parties. - 6 - ARTICLE 4: LABOR-MANAGEMENT RELATIONS COMMITTEES The parties will establish Labor-Management Relations Committees (LMRCs) in accordance with the provisions of this Article. They will give consideration to: areas of pre-decisional input; the prevention and resolution of misunderstandings and grievances; working conditions, personnel policies and practices; the promotion of good employee-supervisor relationships; the strengthening of morale, etc.

10 All LMRCs are solely for the purpose of exchanging views and information and shall be deemed a supplement to negotiations as defined by the Civil Service Reform Act, not a substitute. However, the parties recognize that issues unresolved in these meetings potentially can be addressed in grievances, mid-term BARGAINING and other traditional representational forums. Section 1. NATIONAL Labor-Management Relations Committee. A. A NATIONAL LMRC will meet two times per calendar year for no more than two (2) working days at Customs and Border Protection (CBP) Headquarters facilities. Additional meetings may be held, by mutual consent, at such other times as deemed necessary. Thirty (30) calendar days prior to the scheduled date of the meeting, the parties will exchange anticipated agenda items.