Missouri National Guard and Association of Civilian Technicians
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MISSOURI NATIONAL GUARD AND ASSOCIATION OF CIVILIAN TECHNICIANS (Pony Express Chapter, Show-Me Army Chapter and Show- Me Air Chapter) Photo by CPL Samantha J. Whitehead, MONG Public Affairs Office Labor/Management Agreement 15 October 2016-14 October 2021 1 TABLE OF CONTENTS ARTICLE 1, General Provisions………………………………………………………………......3 ARTICLE 2, Labor-Management Relations………………………………………………………5 ARTICLE 3, New Technician Counseling Procedures………………………………………….7 ARTICLE 4, Technician Chain of Supervision……………………………………………….…..8 ARTICLE 5, Training/Education……………………………………………………………….......9 ARTICLE 6, Telecommuting………..…………………………………………………………......10 ARTICLE 7, Employee Break Rooms….…………………………………………………………11 ARTICLE 8, Uniforms For Excepted Service Technician…………………………………. …..12 ARTICLE 9, Dues Deduction and Revocation…………………………………………………...13 ARTICLE 10, Ridesharing/Carpooling……………………………………………………………15 ARTICLE 11, Official Records……………………………………………………………………..16 ARTICLE 12, Workweek and Hours of Work…………………………………………………….17 ARTICLE 13, Impact and Implementation Bargaining…………………………………………..19 ARTICLE 14, Employee Assistance Programs…………………………………………………..20 ARTICLE 15, Health and Safety…………………………………………………………………...21 ARTICLE 16, Hazardous Duty Pay and Environmental Differential Pay………………………24 ARTICLE 17, Tools and Equipment…………………….…………………………………………31 ARTICLE 18, Standby/On-Call Status…………………………………………………………….32 ARTICLE 19, PD, Classification and Details……………………………………………….........34 ARTICLE 20, Merit Placement and Promotion…………………………………………………..36 ARTICLE 21, Performance Appraisal System…………………………………………………...41 ARTICLE 22, Recognition……………………………………………………………………........45 ARTICLE 23, Reduction-In-Force…………………………………………………………….......47 ARTICLE 24, Attendance and Leave………………………………………………………….....51 ARTICLE 25, Compensatory Time……………………………………………………………….56 ARTICLE 26, TDY and Travel…………………………………………………………………….58 ARTICLE 27, Discipline and Adverse Actions…………………………………………………..60 ARTICLE 28, Grievance Procedures………………………………………………………….....64 ARTICLE 29, Arbitration Procedures…………………………………………………………….67 ARTICLE 30, Mediation……………………………………………………………………………69 ARTICLE 31, Unfair Labor Practices…………………………………………………………….70 ARTICLE 32, Official Time for Exclusive Representatives…………………………………….72 ARTICLE 33, Use of Facilities…………………………………………………………………….75 ARTICLE 34, Information……………………………………………………………………........78 ARTICLE 35, Wage and Cola Surveys…………………………………………………………..80 ARTICLE 36, Commercial Activity Studies………………………………………………………81 ARTICLE 37, Fostering Partnership……………………………………………………………...82 ARTICLE 38, Agreement Administration…………………………………………………….......83 ARTICLE 39, Definitions…………………………………………………………………………...85 APPENDICES…A (87)…B (88)…C (89)…D (90)….…………………………………………… SIGNATURE PAGE AND APPROVAL MEMORANDUMS.………………………………....... 2 ARTICLE 1 GENERAL PROVISIONS 1-1 Preamble: Whereas the well-being of employees and efficient administration of the government are benefited by providing employees an opportunity to participate in the formulation and implementation of personnel policies, practices, and matters affecting working conditions; and The participation of employees should be improved through the maintenance of constructive, cooperative relationships between the Association and management officials, and the amicable settlement of disputes between employees and supervisors involving conditions of employment should be facilitated and encouraged. An effective labor-management relation within the federal service requires a clear statement of the respective rights and obligations of the Association and Employer management; Therefore, this agreement is entered into under the provisions of 5 USC Chapter 71, between the Adjutant General, State of Missouri hereinafter referred to as the "Employer" and the Association of Civilian Technicians (ACT), Missouri Counsel of Chapters, composed of Missouri (Army) Show-Me Chapter, Missouri (Air) Show-Me Chapter, and Missouri (Air) Pony Express Chapter, hereinafter referred to as "Association". It is agreed that for the purpose of this agreement, reference to the word "he" is intended to include both the masculine and feminine genders, unless otherwise specifically addressed therein. Wherever language in this agreement refers to specific duties or responsibilities of specific employees or management officials, it is intended to provide guidance as to how a situation may be handled, subject to limitations in 5 USC 7106 (a) and (b). 1-2 Coverage: The Association is the exclusive representative for all wage grade (WG) and general schedule (GS) technicians employed by the Missouri National Guard, with the exception of management officials, supervisors, professional employees and employees described in 5 USC, Section 7112 (b) (1), (2), (3), (4), (6), and (7), in compliance with FLRA certification. 1-3 Purpose of this Agreement: A) The Employer and the Association agree that they have had full opportunity to raise any and all issues during negotiations and this agreement represents the sum total of the terms and conditions which the Parties agree to abide by for the duration of the contract. This does not preclude the parties from mutually consenting to negotiating new articles. This paragraph does not infringe on past practices. 1) Establish a basic understanding, relative to personnel policies, practices and procedures, and matters affecting working conditions of employment. 2) Provide for the highest degree of efficiency and responsibility in accomplishing the mission of the Employer. 3) Promote systematic labor management cooperation. 4) Facilitate the adjustment of grievances and disputes to a fair and equitable solution. 5) To provide Missouri National Guard Technicians the opportunity to participating through the Association prior to formulation and implementation of personnel policies and practices affecting the conditions of their employment. 6) To advance Labor/Management cooperation. 3 7) The employer will ensure all supervisors will be trained, advised, and educated on the provisions and intent of this agreement through supervisor training and initial new contract brief. To ensure supervisors and employees have immediate and easy access, the agreement will be available through MOGUARD website. B) The Association agrees to support the Employer in its effort to eliminate fraud, waste, and abuse, combat absenteeism, conserve materials and supplies, insure timely completion of work, improve the quality of workmanship, encourage the submission of improvement and cost reduction ideas, prevent accidents, and promote the development of good will among the Employer, the Association, the technicians and the Missouri National Guard. 1-4 Matters Appropriate for Consultation and Negotiation: All matters appropriate for consultation or negotiation, at the state or local level, in accordance with public law or regulation, will be addressed upon request of either party provided they are not inconsistent with the terms of this agreement. 1-5 Labor – Management Cooperation: Representatives of the Association and the Employer will meet, when necessary, to confer with respect to personnel policies and practices and matters affecting working conditions. Subject matter will be exchanged, in writing, in advance of the meeting. Informal meetings may be arranged verbally as necessary. 1-6 Contract Enforcement: The Association and Employer recognize the joint responsibility for the administration and enforcement of this agreement. The parties agree not to harass, coerce, reward, or encourage employees to violate this agreement. 1-7 Contract Printing: The contract will be in booklet form, approximately 5 ½ X 9 (400 copies) and on CD (2000) copies. The Employer and the Association mutually agree to share equally the cost of producing 400 of these booklets and 2000 CDs. This will be accomplished as soon as practical but not to exceed 120 days after the effective date of this agreement. Association officers, stewards, and supervisors will receive hard copy and a CD version of the Agreement. 1-8 Contract Distribution: The Employer agrees to distribute the final contract to every bargaining unit employee and supervisor without cost to the employee or the Association. 1-9 Contract Provisions Training: Within One hundred twenty (120) days after contract distribution, an Employer representative and Association representative will conduct joint training sessions. Joint sessions will include managers, supervisors, and bargaining unit employees and will be for the purpose of allowing them to become familiar with the agreement. Any travel incurred by the Association representative for training will be paid by the Association. Training will be accomplished at no less than five mutually agreed Army locations and at two Air locations. 4 ARTICLE 2 LABOR-MANAGEMENT RELATIONS 2-1 Rights and Privileges: There shall be no procedure or policy negotiated in the Agreement that would diminish or impair any right or privilege which would otherwise be available to any technician in the absence of this Agreement. 2-2 Employer Rights and Obligations: A) Management officials of the agency retain the right in accordance with applicable laws and regulations: 1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and 2) in accordance with applicable laws; a) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such