Master Agreement between the Department of Veterans Affairs and the AFGE NVAC/AFL-CIO American Federation of Government Employees 2011 IATED WITH AFL FIL CI AF O VA Pamphlet 05-68 MARCH 2011 P70450 VAP 05-068 P70450 MASTER AGREEMENT between the DEPARTMENT OF VETERANS AFFAIRS and the PLACEHOLDER AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES 2011 TABLE OF CONTENTS Preamble . vii Introduction . .1 ARTICLE 1 - RECOGNITION AND COVERAGE . .3 ARTICLE 2 - GOVERNING LAWS AND REGULATIONS . .6 Labor-Management Collaboration . .7 ARTICLE 3 - LABOR-MANAGEMENT COOPERATION . .9 ARTICLE 4 - LABOR-MANAGEMENT TRAINING . 12 ARTICLE 5 - LABOR-MANAGEMENT COMMITTEE . 17 ARTICLE 6 - ALTERNATIVE DISPUTE RESOLUTION . 18 ARTICLE 7 - QUALITY PROGRAMS . 21 Employee Rights and Privileges . 33 ARTICLE 8 - CHILD CARE . 35 ARTICLE 9 - CLASSIFICATION . 37 ARTICLE 10 - COMPETENCE . 40 ARTICLE 11 - CONTRACTING OUT . 41 ARTICLE 12 - DETAILS AND TEMPORARY PROMOTIONS . 42 ARTICLE 13 - REASSIGNMENT, SHIFT CHANGES, AND RELOCATIONS . 46 ARTICLE 14 - DISCIPLINE AND ADVERSE ACTION . 50 ARTICLE 15 - EMPLOYEE ASSISTANCE . 54 ARTICLE 16 - EMPLOYEE AWARDS AND RECOGNITION . 56 ARTICLE 17 - EMPLOYEE RIGHTS . 60 ARTICLE 18 - EQUAL EMPLOYMENT OPPORTUNITY . 66 ARTICLE 19 - FITNESS FOR DUTY . 73 ARTICLE 20 - TELEWORK . 76 ARTICLE 21 - HOURS OF WORK AND OVERTIME . 85 Department of Veterans Affairs Labor Management Relations | DVA /AFGE Master Agreement iii TABLE OF CONTENTS Employee Rights and Privileges (continued) ARTICLE 22 - INVESTIGATIONS . 95 ARTICLE 23 - MERIT PROMOTION . 97 ARTICLE 24 - OFFICIAL RECORDS . 115 ARTICLE 25 - OFFICIAL TRAVEL . 117 ARTICLE 26 - PARKING AND TRANSPORTATION . 122 ARTICLE 27 - PERFORMANCE APPRAISAL . 124 ARTICLE 28 - REDUCTION IN FORCE . 137 ARTICLE 29 - SAFETY, HEALTH, AND ENVIRONMENT . 144 ARTICLE 30 - OCCUPATIONAL HEALTH . 171 ARTICLE 31 - SILENT MONITORING . 176 ARTICLE 32 - STAFF LOUNGES . 177 ARTICLE 33 - TEMPORARY, PART-TIME, AND PROBATIONARY EMPLOYEES . 178 ARTICLE 34 - JOB SHARING . 185 ARTICLE 35 - TIME AND LEAVE . 187 ARTICLE 36 - TIMELY AND PROPER COMPENSATION . 206 ARTICLE 37 - TRAINING AND CAREER DEVELOPMENT . 207 ARTICLE 38 - UNIFORMS . 210 ARTICLE 39 - UPWARD MOBILITY . 212 ARTICLE 40 - WITHIN-GRADE INCREASES AND PERIODIC STEP INCREASES . 214 ARTICLE 41 - WORKERS’ COMPENSATION . 220 Union Rights and Privileges . 225 ARTICLE 42 - AFFILIATIONS . 227 ARTICLE 43 - GRIEVANCE PROCEDURE . 228 ARTICLE 44 - ARBITRATION . 234 ARTICLE 45 - DUES WITHHOLDING . 236 ARTICLE 46 - LOCAL SUPPLEMENT . 240 ARTICLE 47 - MID-TERM BARGAINING . 242 ARTICLE 48 - OFFICIAL TIME . 245 ARTICLE 49 - RIGHTS AND RESPONSIBILITIES . 250 ARTICLE 50 - SURVEILLANCE . 254 ARTICLE 51 - USE OF OFFICIAL FACILITIES . 255 iv Department of Veterans Affairs Labor Management Relations | DVA /AFGE Master Agreement TABLE OF CONTENTS Title 38 . 259 ARTICLE 52 - TITLE 38 ADVANCEMENT . 261 ARTICLE 53 - CLINICAL RESEARCH . 262 ARTICLE 54 - TITLE 38 NURSE PAY/SURVEY . 263 ARTICLE 55 - VHA PHYSICIAN AND DENTIST PAY . 265 ARTICLE 56 - TITLE 38 HYBRIDS . 273 ARTICLE 57 - PHYSICAL STANDARDS BOARD . 282 ARTICLE 58 - PROFESSIONAL STANDARDS BOARD . 285 ARTICLE 59 - PROFICIENCY . 286 ARTICLE 60 - TITLE 38 REPRESENTATION AT BOARDS OR HEARINGS . 287 ARTICLE 61 - TITLE 38 VACANCY ANNOUNCEMENTS . 288 ARTICLE 62 - VETERANS CANTEEN SERVICE . 289 General Provisions . 291 ARTICLE 63 - RESEARCH GRANTS . 293 ARTICLE 64 - RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS . 294 ARTICLE 65 - WAGE SURVEYS . 296 ARTICLE 66 - TECHNOLOGY FOR ADMINISTERING, TRACKING, AND MEASURING VBA WORK . 297 Duration of Agreement . 299 Index . 305 Department of Veterans Affairs Labor Management Relations | DVA /AFGE Master Agreement v PREAMBLE PREAMBLE Section - 1 This Master Agreement is made between the Department of Veterans Affairs (the Department) and the American Federation of Government Employees (AFGE) National Veterans Affairs Council of Locals (the Union) . Section - 2 The Department and the Union agree that a constructive and cooperative working relationship between labor and management is essential to achieving the Department’s mission and to ensuring a quality work environment for all employees . The parties recognize that this relationship must be built on a solid foundation of trust, mutual respect, and a shared responsibility for organizational success . Therefore, the parties agree to work together using partnership principles, Labor-Management Forums, and the Master Agreement to identify problems and craft solutions, enhance productivity, and deliver the best quality of service to the nation’s veterans . Department of Veterans Affairs Labor Management Relations | DVA /AFGE Master Agreement ix INTRODUCTIONPLACEHOLDER INTRODUCTION | ARTICLE 1 - RECOGNITION AND COVERAGE ARTICLE 1 - RECOGNITION AND COVERAGE Section 1 - Exclusive Representative AFGE is recognized as the sole and exclusive representative for all of those previously certified nonprofessional and professional employees, full-time, part-time, and temporary, in units consolidated and certified by the Federal Labor Relations Authority (FLRA) in Certificate No . 22-08518 (UC), dated February 28, 1980, and any subsequent amendments or certifications . The parties agree that should AFGE request the FLRA to include subsequently organized employees in the consolidated unit, such FLRA certification will not be opposed by the Department if the unit would otherwise be considered an appropriate unit under the law . Upon certification of FLRA, such groupings automatically come under this Agreement . Section 2 - AFGE Role As the sole and exclusive representative, the Union is entitled to act for and to negotiate agreements covering all employees in the bargaining unit . The Union is responsible for representing the interests of all employees in the bargaining unit . Section 3 - Employee Representation A . The Department recognizes that, as the exclusive representative of employees in the bargaining unit, the Union has the right to speak for and to bargain on behalf of the employees it represents . The Department will not bypass the Union by entering into any formal discussions or agreements with other employee organizations or bargaining unit employees concerning all matters affecting personnel policies, practices, or working conditions . The Department will not assist or sponsor any labor organization other than AFGE in any matter related to grievances, collective bargaining, or conditions of employment of employees in the AFGE bargaining unit . B . Pursuant to 5 USC 7114(a)(2)(A), an exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at any formal discussion (including those held with other employee organizations) between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment . Department of Veterans Affairs Labor Management Relations | DVA /AFGE Master Agreement 3 INTRODUCTION | ARTICLE 1 - RECOGNITION AND COVERAGE C . The Department’s consultations and dealings with other employee organizations shall not assume the character of negotiations concerning conditions of employment in the AFGE bargaining unit . Section 4 - Unit Clarification A . The Union will be predecisionally involved in bargaining unit determinations for position changes and establishment of new positions . When a position changes, and the parties do not agree over whether the position(s) is/are inside or outside the unit, the parties are encouraged to utilize the Alternate Dispute Resolution (ADR) process . If still unresolved, either party may file a Clarification of Unit (CU) petition with the FLRA . If the position previously has been in the bargaining unit, the employee and/ or position will remain in the bargaining unit until a decision is issued on the petition . B . If after predecisional involvement, the Department determines that a new, unencumbered position is outside the bargaining unit, the parties are encouraged to first attempt to resolve any disagreements through ADR methods . If no agreement is reached, the Union may file a CU petition through the FLRA . C . The Department and the Union are encouraged to mutually decide CU issues and develop a system to communicate these decisions . Section 5 - Elections and Extensions of Represented Facilities A . Whenever a CU or election petition is filed by either party, the filing party will send copies of the petition to the AFGE National Office at Membership and Organizing Department, 80 F Street, NW, Washington, DC 20001-1583 and to the Department at The Office of Labor-Management Relations (LMR), 810 Vermont Street, NW, Washington, DC 20420 . B . If employees are drawn from an existing facility and assigned to an unrepresented Community Based Outpatient Clinic (CBOC) (or similar entity) under the administrative control of the originating facility, and AFGE is the exclusive representative of all employees at the originating facility, the Department will not oppose any AFGE petition to represent employees who are assigned to that CBOC . C . If an unrepresented CBOC (or similar entity) is staffed by new employees, and is under the administrative control of a facility entirely represented by AFGE, the Department will not oppose any AFGE election petition to represent employees who are assigned to the CBOC (or similar entity) . 4 Department of Veterans Affairs Labor Management Relations | DVA /AFGE Master Agreement INTRODUCTION