Text

Collective Bargaining Agreement Between the U.S. Nuclear Regulatory Commission and the National Treasury Employees Union
	ML21321A264
Person / Time
Issue date:	11/15/2021
From:	; NRC/OCHCO/ADHROP, National Treasury Employees Union (NTEU)
To:	;
	Smith, Bi, OCHCO
References
	Download: ML21321A264 (196)
	v • d • e

Table of Contents NRC/NTEU Collective Bargaining Agreement Table of Contents Preamble............................................................................................................................................................... 1 Article 1 Recognition and Coverage.................................................................................................................. 3 1.1 General Provisions..................................................................................................................................... 3 1.2 Unit Composition........................................................................................................................................ 3 1.3 Scope......................................................................................................................................................... 4 1.4 Employee Definition................................................................................................................................... 4 1.5 List of Bargaining Unit Employees............................................................................................................. 4 1.6 Agency Rules, Policies and Regulations.................................................................................................... 4 1.7 Existing Agreements.................................................................................................................................. 4 Article 2 Employee Rights and Responsibilities.............................................................................................. 5 2.1 Employee Rights........................................................................................................................................ 5 2.2 NRC Values................................................................................................................................................ 5 2.3 Representation........................................................................................................................................... 5 2.4 Weingarten Rights...................................................................................................................................... 5 2.5 Office of the Inspector General (OIG) Investigations................................................................................. 5 2.6 Office of the Inspector General (OIG) Interview Warnings........................................................................ 6 2.7 Grievance Participation.............................................................................................................................. 6 2.8 Employee Compliance............................................................................................................................... 6 2.9 Reaction to Supervisory Instruction........................................................................................................... 6 2.10 Open Door Policy, Non-concurrence Process, and Differing Professional Opinions Program................ 7 Article 3 Management Rights and Responsibilities......................................................................................... 9 3.1 Management Rights................................................................................................................................... 9 3.2 Agency Regulations and Policies............................................................................................................... 9 3.3 Merit System Principles.............................................................................................................................. 9 3.4 Prohibited Personnel Practices................................................................................................................ 10 3.5 Employee Donations................................................................................................................................ 12 Article 4 Union Rights and Responsibilities................................................................................................... 13 4.1 Exclusive Representative......................................................................................................................... 13 4.2 Formal Meetings...................................................................................................................................... 13 4.3 NTEU Formal Meeting Participation........................................................................................................ 13 4.4 No Strike Clause...................................................................................................................................... 13 Article 5 Equal Employment Opportunity........................................................................................................ 15 5.1 Policy........................................................................................................................................................ 15 5.2 EEO Complaints and Other Alternative Processes.................................................................................. 15 5.3 EEO Advisory Committees........................................................................................................................ 16 5.4 EEO Training.................................................................................................................................................16 5.5 Changes to EEO Programs...................................................................................................................... 17 5.6 Information Sharing.................................................................................................................................. 17 5.7 NTEU Representation.............................................................................................................................. 17 Article 6 Hours of Work..................................................................................................................................... 19 6.1 Official Hours - Headquarters................................................................................................................... 19 6.2 Official Hours - Regional Offices.............................................................................................................. 19 6.3 Breaks...................................................................................................................................................... 19 6.4 Factors Governing Establishment and Adjustment of Work Schedules.................................................. 19 i

NRC/NTEU Collective Bargaining Agreement Table of Contents 6.5 Office Coverage....................................................................................................................................... 19 6.6 Approval of Work Schedules.................................................................................................................... 19 6.7 Scheduling................................................................................................................................................ 20 6.8 Compressed Work Schedules (CWS)...................................................................................................... 20 6.9 NEWFlex.................................................................................................................................................. 21 6.10 Credit Hours........................................................................................................................................... 22 6.11 First 40 Schedule................................................................................................................................. 23 6.12 Supervisory Discretion........................................................................................................................... 23 6.13 Grievability.............................................................................................................................................. 23 Article 7 Telework............................................................................................................................................... 25 7.1 General..................................................................................................................................................... 25 7.2 Management Discretion........................................................................................................................... 25 7.3 Types of Telework..................................................................................................................................... 25 7.4 Eligibility................................................................................................................................................... 26 7.5 Training..................................................................................................................................................... 27 7.6 Request to Participate in the Telework Program...................................................................................... 27 7.7 Responses to Requests to Participate in the Telework Program............................................................. 27 7.8 Modification or Temporary Suspension of the Agreement....................................................................... 28 7.9 Termination of the Agreement.................................................................................................................. 28 7.10 Full-Time Telework................................................................................................................................. 28 7.11 Special Circumstances Work at Home................................................................................................... 29 7.12 Performance of Work............................................................................................................................. 29 7.13 Technology, Equipment, and Supplies................................................................................................... 30 7.14 Telework in Continuity of Operations and Other Weather or Emergency Conditions............................ 30 7.15 Reports................................................................................................................................................... 30 Article 8 Blank.................................................................................................................................................... 31 Article 9 Holidays............................................................................................................................................... 33 9.1 Work Assignments on Holidays................................................................................................................ 33 9.2 Notification to Employees......................................................................................................................... 33 Article 10 Annual Leave..................................................................................................................................... 35 10.1 Annual Leave......................................................................................................................................... 35 10.2 Requests................................................................................................................................................ 35 10.3 Consecutive Leave Weeks..................................................................................................................... 35 10.4 Use or Lose Leave................................................................................................................................. 35 10.5 Substitution of Leave.............................................................................................................................. 36 10.6 Religious Holidays.................................................................................................................................. 36 10.7 Dismissal and Closure Procedures........................................................................................................ 36 Article 11 Sick Leave.......................................................................................................................................... 37 11.1 Sick Leave.............................................................................................................................................. 37 11.2 Supervisory Notification of Unanticipated Sick Leave............................................................................ 37 11.3 Leave Requests..................................................................................................................................... 37 11.4 Medical Documentation or Other Evidence............................................................................................ 38 Article 12 Advanced Annual and Sick Leave................................................................................................... 41 12.1 Advanced Annual Leave........................................................................................................................ 41 12.2 Advanced Sick Leave............................................................................................................................. 41 Article 13 Leave Without Pay............................................................................................................................ 43 13.1 Agency Approval.................................................................................................................................... 43 13.2 Family Leave.......................................................................................................................................... 43 ii

Table of Contents NRC/NTEU Collective Bargaining Agreement 13.3 Relationship to Annual and Sick Leave.................................................................................................. 43 13.4 Extended Leave Without Pay................................................................................................................. 43 13.5 Duration of Leave Without Pay.............................................................................................................. 43 Article 14 Weather and Safety Leave............................................................................................................... 45 14.1 General Definitions................................................................................................................................. 45 14.2 Granting and Recording of Weather and Safety Leave......................................................................... 45 14.3 Telework Employees.............................................................................................................................. 46 14.4 Emergency Employees.......................................................................................................................... 47 14.5 Individual Requests................................................................................................................................ 47 14.6 Operating Status Announcements......................................................................................................... 48 Article 15 Family Leave..................................................................................................................................... 49 15.1 Leave Entitlement Under the Family and Medical Leave Act (FMLA)................................................... 49 15.2 Requests for Leave Under FMLA........................................................................................................... 50 15.3 Parental Leave....................................................................................................................................... 50 15.4 Pregnancy Accommodations.................................................................................................................. 52 Article 16 Other Leave Provisions and Excused Absences.......................................................................... 53 16.1 Military Leave......................................................................................................................................... 53 16.2 Court Leave............................................................................................................................................ 53 16.3 Bone Marrow and Organ Donation........................................................................................................ 53 16.4 Public Elections...................................................................................................................................... 53 16.5 Agency Sponsored Blood Donation....................................................................................................... 53 16.6 Tardiness and Brief Absences During the Workday............................................................................... 53 16.7 Medical-Related Absences.................................................................................................................... 54 16.8 Participation in Civil Defense Activities.................................................................................................. 54 16.9 NRC Job Placement Interviews and Examinations............................................................................... 54 16.10 Travel to seek permanent residence quarters..................................................................................... 54 16.11 Absences associated with a move (up to 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months )............................................................................. 54 16.12 Employees returning from active military duty (up to 5 consecutive days).......................................... 55 16.13 Armed forces or federal law enforcement officer funerals................................................................... 55 16.14 Volunteer activities directly related to the NRCs mission or in the NRCs interest.............................. 55 16.15 Administrative Leave Act of 2016......................................................................................................... 56 16.16 Leave Use Increments......................................................................................................................... 56 Article 17 Merit Selection Procedures............................................................................................................. 57 17.1 Purpose.................................................................................................................................................. 57 17.2 Coverage................................................................................................................................................ 57 17.3 Exclusions.............................................................................................................................................. 57 17.4 Employee Consideration........................................................................................................................ 58 17.5 Vacancy Announcement Posting........................................................................................................... 59 17.6 Vacancy Announcement Content........................................................................................................... 59 17.7 Application Submissions........................................................................................................................ 60 17.8 Minimum Qualifications.......................................................................................................................... 60 17.9 Crediting Plans....................................................................................................................................... 60 17.10 Consideration of Training and Awards.................................................................................................. 60 17.11 Rating Process and Scores.................................................................................................................. 61 17.12 Certification Record (CERT)................................................................................................................ 62 17.13 Selection Certificate/Best Qualified List (BQL).................................................................................... 63 17.14 Interviews During the Selection Process............................................................................................. 63 17.15 Effective Date of Competitive Promotions and Reassignments........................................................... 63 17.16 Notification of Unsuccessful Candidates.............................................................................................. 64 17.17 Retroactive Pay.................................................................................................................................... 64 iii

NRC/NTEU Collective Bargaining Agreement Table of Contents 17.18 Union Access to Vacancy/Promotion File............................................................................................. 64 17.19 Priority Consideration........................................................................................................................... 64 Article 18 Noncompetitive Promotions............................................................................................................ 67 18.1 Definition................................................................................................................................................ 67 18.2 Basis....................................................................................................................................................... 67 18.3 Determination Not To Promote............................................................................................................... 67 18.4 Grievances............................................................................................................................................. 67 18.5 Notice of Promotion Potential................................................................................................................. 68 Article 19 Details and Rotational Assignments.............................................................................................. 69 19.1 Details.................................................................................................................................................... 69 19.2 Temporary Promotions........................................................................................................................... 69 19.3 Return from Detail or Rotational Assignment......................................................................................... 69 19.4 Work Assignments During a Detail or Rotational Assignment............................................................... 69 19.5 Notice..................................................................................................................................................... 69 19.6 Workstation Changes............................................................................................................................. 69 19.7 Rotational Assignment Program............................................................................................................ 70 Article 20 Reassignments................................................................................................................................. 73 20.1 Definition................................................................................................................................................ 73 20.2 Reassignment Action............................................................................................................................. 73 20.3 Change in Duty Station.......................................................................................................................... 73 20.4 Notice of Mobility.................................................................................................................................... 73 20.5 Non-applicability..................................................................................................................................... 73 20.6 Employee Requests for Reassignment.................................................................................................. 73 Article 21 Position Descriptions....................................................................................................................... 75 21.1 Applicability............................................................................................................................................. 75 21.2 Recommendations and Classification Appeals...................................................................................... 75 21.3 Change Notification................................................................................................................................ 75 21.4 Other Duties........................................................................................................................................... 75 21.5 Assignments Outside Position Descriptions........................................................................................... 76 Article 22 Awards............................................................................................................................................... 77 22.1 General................................................................................................................................................... 77 22.2 Implementation....................................................................................................................................... 77 22.3 Data Provided to NTEU.......................................................................................................................... 77 22.4 Other Awards.......................................................................................................................................... 78 22.5 Nomination by Employees..................................................................................................................... 79 22.6 Issuance of Awards................................................................................................................................ 79 Article 23 Suggestion Awards.......................................................................................................................... 81 23.1 Employee Notification............................................................................................................................ 81 23.2 Award Consideration.............................................................................................................................. 81 23.3 Award Determination.............................................................................................................................. 81 Article 24 Within-Grade Increases.................................................................................................................... 83 24.1 Within-Grade Increases......................................................................................................................... 83 24.2 Relationship to Conduct......................................................................................................................... 83 24.3 Waiting Period........................................................................................................................................ 83 24.4 Performance Feedback.......................................................................................................................... 83 24.5 Final Determination................................................................................................................................ 83 24.6 Effective Date of a Within-Grade Increase............................................................................................. 84 iv

Table of Contents NRC/NTEU Collective Bargaining Agreement 24.7 Effective Date of Improved Performance............................................................................................... 84 24.8 Burden of Proof...................................................................................................................................... 84 Article 25 Performance Appraisal System....................................................................................................... 85 25.1 Contract Precedence............................................................................................................................. 85 25.2 Changes to Elements and Standards.................................................................................................... 85 25.3 Management Responsibilities................................................................................................................ 85 25.4 Receipt of Elements and Standards...................................................................................................... 85 25.5 Appraisal Period..................................................................................................................................... 85 25.6 Notice of Delay....................................................................................................................................... 86 25.7 The Appraisal Process........................................................................................................................... 86 25.8 Grievances............................................................................................................................................. 86 25.9 Performance Feedback.......................................................................................................................... 86 25.10 Performance Improvement Requirements Memorandum (PIRM)....................................................... 87 25.11 Proposed Performance-Related Actions.............................................................................................. 88 25.12 Final Decision....................................................................................................................................... 89 25.13 Appeal.................................................................................................................................................. 89 25.14 Details and Rotational Assignments.................................................................................................... 89 25.15 Self-Assessment.................................................................................................................................. 89 25.16 Receipt of Appraisal and Comment Period.......................................................................................... 89 25.17 Appraisal Data...................................................................................................................................... 89 Article 26 Training and Development.............................................................................................................. 91 26.1 Training Decisions.................................................................................................................................. 91 26.2 Reimbursement to Agency..................................................................................................................... 91 26.3 NonGovernmental Training in Excess of 80 Hours................................................................................ 91 26.4 On-The-Job Training.............................................................................................................................. 92 26.5 Outside Information................................................................................................................................ 92 26.6 Training Related to Merit Selection........................................................................................................ 92 26.7 Self-Development................................................................................................................................... 92 26.8 Conference Consideration..................................................................................................................... 92 26.9 Individual Development Plan (IDP)........................................................................................................ 92 Article 27 Pay and Benefits............................................................................................................................... 93 27.1 Pay System............................................................................................................................................ 93 27.2 Public Transit Subsidy............................................................................................................................ 93 27.3 Pre-tax Parking...................................................................................................................................... 93 Article 28 Overtime Work.................................................................................................................................. 95 28.1 Performance of Overtime Work.............................................................................................................. 95 28.2 Exempt or Nonexempt Employees........................................................................................................ 95 28.3 Distribution of Overtime.......................................................................................................................... 95 28.4 Notification of Involuntary Overtime....................................................................................................... 95 28.5 Overtime Work and Associated Compensation..................................................................................... 95 28.6 Voluntary Overtime................................................................................................................................. 96 28.7 W ork Performed at Home or at Non-Work Locations Outside Scheduled Duty Hours.......................... 96 Article 29 Compensatory Time......................................................................................................................... 97 29.1 Regular Compensatory Time Off......................................................................................................... 97 29.2 Compensatory Time Increments............................................................................................................ 97 29.3 Special Compensatory Time Off for Travel............................................................................................ 97 29.4 Requests to Use Compensatory Time................................................................................................... 97 29.5 Compensatory Time for Religious Observances................................................................................... 97 v

NRC/NTEU Collective Bargaining Agreement Table of Contents Article 30 Overpayments to Employees........................................................................................................ 101 30.1 Claim Waiver........................................................................................................................................ 101 30.2 Waiver Criteria...................................................................................................................................... 101 30.3 Collection.............................................................................................................................................. 101 Article 31 Employee Assistance Program..................................................................................................... 103 31.1 Implementation..................................................................................................................................... 103 31.2 NTEU Orientation................................................................................................................................. 103 31.3 Referrals............................................................................................................................................... 103 Article 32 Temporary Assignment of Other Duties....................................................................................... 105 32.1 Reasonable Efforts to Assign Other Duties.......................................................................................... 105 Article 33 Retirement and Resignation.......................................................................................................... 107 33.1 Retirement Planning............................................................................................................................. 107 33.2 Retirement Information Upon Separation............................................................................................ 107 33.3 Withdrawal of a Resignation/Retirement Application........................................................................... 107 33.4 Request for Annuity Information........................................................................................................... 107 33.5 Union Notification................................................................................................................................. 107 Article 34 Repayment of Student Loans........................................................................................................ 109 34.1 Policy and Provisions........................................................................................................................... 109 Article 35 Moves and Work Space Changes..................................................................................................111 35.1 Scope....................................................................................................................................................111 35.2 Work Space Assignment.......................................................................................................................111 35.3 Meetings................................................................................................................................................112 35.4 Duty Time..............................................................................................................................................112 35.5 Union Notification and Bargaining.........................................................................................................112 Article 36 Day Care...........................................................................................................................................113 36.1 Day Care Facility...................................................................................................................................113 36.2 Child Care Subsidy...............................................................................................................................113 Article 37 Physical Fitness Activities..............................................................................................................115 37.1 Policy and Purpose...............................................................................................................................115 37.2 Procedures and Guidance....................................................................................................................115 Article 38 Health and Safety.............................................................................................................................117 38.1 Safe and Healthy Environment.............................................................................................................117 38.2 Reporting of Unsafe Conditions............................................................................................................117 38.3 Employee Right to File a Grievance.....................................................................................................117 38.4 Employee Departure Due to Unsafe or Unhealthy Conditions.............................................................117 38.5 Annual Building Inspections..................................................................................................................117 38.6 Posting of Evacuation Plans.................................................................................................................118 38.7 Health Services or First Aid ..................................................................................................................118 38.8 Employee Health Maintenance Exams.................................................................................................118 38.9 Assistance for Incapacitated Employees..............................................................................................118 38.10 Availability of Health Plan Information.................................................................................................118 38.11 Notice of Exposure..............................................................................................................................118 38.12 Smoking Restrictions..........................................................................................................................118 38.13 Safety Equipment................................................................................................................................118 38.14 NRC Furnished Reports......................................................................................................................118 38.15 Elevator Shutdown..............................................................................................................................119 vi

Table of Contents NRC/NTEU Collective Bargaining Agreement Article 39 Parking............................................................................................................................................. 121 39.1 Federal Regulations............................................................................................................................. 121 39.2 Parking Changes.................................................................................................................................. 121 39.3 Office Relocation.................................................................................................................................. 121 39.4 Allotment of Parking Spaces................................................................................................................ 121 39.5 Parking Procedures.............................................................................................................................. 122 Article 40 Travel................................................................................................................................................ 123 40.1 Application of Federal Travel Regulation............................................................................................. 123 40.2 Scheduling of Travel............................................................................................................................. 123 40.3 Impact of the Fair Labor Standards Act on Official Travel................................................................... 123 40.4 Official Duty Station............................................................................................................................... 123 40.5 Travel Advances................................................................................................................................... 123 40.6 Travel Reimbursement......................................................................................................................... 124 40.7 Actual Subsistence Expenses.............................................................................................................. 124 40.8 Use of Privately-Owned Vehicle........................................................................................................... 124 40.9 Voluntarily Returning to Permanent Duty Station While on Travel...................................................... 124 40.10 Illness During Travel Status............................................................................................................... 124 40.11 Local Travel........................................................................................................................................ 124 40.12 Travel Regulation............................................................................................................................... 124 40.13 N otice of a Difference Between Travel Voucher Claim and Reimbursement Amount....................... 125 40.14 Reimbursement for Parking............................................................................................................... 125 Article 41 Labor Management Relations and Partnership Committees..................................................... 127 41.1 Establishment of Partnership Committees........................................................................................... 127 41.2 Subcommittees.................................................................................................................................... 127 41.3 Joint Labor/Management Day Care Committee.................................................................................. 127 Article 42 Mid-term Bargaining....................................................................................................................... 129 42.1 Application............................................................................................................................................ 129 42.2 Notice................................................................................................................................................... 129 42.3 Ground Rules....................................................................................................................................... 129 42.4 Impasses.............................................................................................................................................. 130 42.5 Agreements........................................................................................................................................... 131 42.6 Information Requests........................................................................................................................... 131 Article 43 Access to Personnel Records....................................................................................................... 133 43.1 Access to Records............................................................................................................................... 133 43.2 Copies of Documents........................................................................................................................... 133 43.3 Privacy Act............................................................................................................................................ 133 43.4 Official Personnel Folders.................................................................................................................... 133 43.5 Employee Records Maintained By Supervisor.................................................................................... 133 43.6 Union Requests for Documents........................................................................................................... 133 Article 44 Disciplinary Actions....................................................................................................................... 135 44.1 Definition.............................................................................................................................................. 135 44.2 Exclusion for Oral and Written Counseling.......................................................................................... 135 44.3 Progressive Discipline.......................................................................................................................... 135 44.4 Copies of Evidence Documents........................................................................................................... 135 44.5 Favorable Information in Investigative Reports.................................................................................... 135 44.6 Arbitrator Request for Documents........................................................................................................ 135 44.7 Notification of Suspension of 14 Days or Less.................................................................................... 135 44.8 Copies.................................................................................................................................................. 136 44.9 Reprimands or Admonishments........................................................................................................... 136 vii

NRC/NTEU Collective Bargaining Agreement Table of Contents 44.10 Information......................................................................................................................................... 137 44.11 Employee Notification of No Action Taken......................................................................................... 137 44.12 Alternative Discipline.......................................................................................................................... 137 Article 45 Adverse Actions.............................................................................................................................. 139 45.1 Definition.............................................................................................................................................. 139 45.2 Exclusions............................................................................................................................................ 139 45.3 Progressive Discipline.......................................................................................................................... 139 45.4 Copies of Documents........................................................................................................................... 140 45.5 Favorable Information in Investigative Reports.................................................................................... 140 45.6 Arbitrator Request for Documents........................................................................................................ 140 45.7 Adverse Action Procedures.................................................................................................................. 140 45.8 Copies.................................................................................................................................................. 142 45.9 Information........................................................................................................................................... 142 45.10 Employee Notification of No Action Taken......................................................................................... 142 45.11 Alternative Discipline.......................................................................................................................... 142 Article 46 Grievance Procedures.................................................................................................................... 143 46.1 Purpose of Grievance Procedure......................................................................................................... 143 46.2 Definitions............................................................................................................................................. 143 46.3 Conditions of Employment................................................................................................................... 144 46.4 Exclusions............................................................................................................................................ 144 46.5 Exclusivity............................................................................................................................................. 144 46.6 Joint Filing............................................................................................................................................ 145 46.7 Representation (Employee)................................................................................................................. 145 46.8 Representation (Institutional)............................................................................................................... 145 46.9 Duty Time............................................................................................................................................. 145 46.10 Filing................................................................................................................................................... 145 46.11 Timeliness........................................................................................................................................... 146 46.12 Content............................................................................................................................................... 146 46.13 Union and NRC Institutional Grievances........................................................................................... 146 46.14 Step A Guidelines............................................................................................................................... 146 46.15 Step B Guidelines.............................................................................................................................. 147 46.16 Appeal to Arbitration........................................................................................................................... 147 46.17 Time Limits......................................................................................................................................... 147 46.18 Distribution of Decisions..................................................................................................................... 148 46.19 Grievance Meeting Attendance.......................................................................................................... 148 46.20 Process Participation......................................................................................................................... 148 46.21 Document Requests........................................................................................................................... 148 46.22 Non-Grievability and Non-Arbitrability................................................................................................ 148 Article 47 Arbitration Procedures................................................................................................................... 149 47.1 Invocation............................................................................................................................................. 149 47.2 Appeal to Arbitration............................................................................................................................. 149 47.3 Procedures........................................................................................................................................... 149 47.4 Expedited Arbitration Procedures........................................................................................................ 150 47.5 Arbitration Expense and Time.............................................................................................................. 151 47.6 Arbitrator Responsibility....................................................................................................................... 151 47.7 Burden of Proof.................................................................................................................................... 152 Article 48 Trial Period Employees.................................................................................................................. 153 48.1 Duration................................................................................................................................................ 153 48.2 Termination Procedures....................................................................................................................... 153 viii

Table of Contents NRC/NTEU Collective Bargaining Agreement Article 49 Reduction In Force (RIF)................................................................................................................ 155 49.1 Advance Notification of RIF.................................................................................................................. 155 49.2 Impact and Implementation Bargaining............................................................................................... 155 49.3 Follow-up Notification........................................................................................................................... 155 49.4 RIF Procedures.................................................................................................................................... 155 49.5 Information to NTEU............................................................................................................................ 156 49.6 Notice to Employees............................................................................................................................ 156 49.7 Career Transition Assistance............................................................................................................... 157 Article 50 Meetings with New Employees...................................................................................................... 159 50.1 Content and Duration........................................................................................................................... 159 50.2 New Employee Notification.................................................................................................................. 159 Article 51 Union Representatives................................................................................................................... 161 51.1 Notices and Other Communications.................................................................................................... 161 51.2 Authority............................................................................................................................................... 161 51.3 Number of Headquarters Union Officials............................................................................................. 161 51.4 Number of Regional Union Officials..................................................................................................... 161 51.5 Steward Listing..................................................................................................................................... 161 51.6 Steward Changes................................................................................................................................. 161 51.7 Scope of Steward Appointments.......................................................................................................... 161 51.8 Steward Functions in Relation to Official Duties.................................................................................. 162 Article 52 Official Time..................................................................................................................................... 163 52.1 Official Time.......................................................................................................................................... 163 52.2 Official Time Allocation ........................................................................................................................ 163 52.3 Allocated Official Time Functions......................................................................................................... 163 52.4 Non-Allocated Official Time Functions................................................................................................. 164 52.5 Requesting and Recording Official Time Usage.................................................................................. 164 52.6 Employee Duty Time............................................................................................................................ 164 52.7 Credit Hours......................................................................................................................................... 165 52.8 Internal Union Business....................................................................................................................... 165 Article 53 Union Access to NRC Facilities.................................................................................................... 167 53.1 Union Office Space.............................................................................................................................. 167 53.2 Meeting Space..................................................................................................................................... 167 53.3 Use of Telephones............................................................................................................................... 167 53.4 Union Elections.................................................................................................................................... 167 53.5 Building Access.................................................................................................................................... 167 53.6 Use of Computer Systems................................................................................................................... 168 Article 54 Union Access to NRC Services..................................................................................................... 169 54.1 Copy Machine...................................................................................................................................... 169 54.2 Mail Services........................................................................................................................................ 169 54.3 Intra-agency Mail.................................................................................................................................. 169 54.4 Newsletter Distribution......................................................................................................................... 169 54.5 Collective Bargaining Agreement Distribution...................................................................................... 169 54.6 Collective Bargaining Agreement Format............................................................................................ 169 54.7 Management Directives....................................................................................................................... 169 54.8 Distribution of Printed Union Literature................................................................................................ 170 54.9 NTEU Representative Pictures............................................................................................................ 170 ix

NRC/NTEU Collective Bargaining Agreement Table of Contents Article 55 Bulletin Boards............................................................................................................................... 171 55.1 Bulletin Boards Usage.......................................................................................................................... 171 55.2 Video Displays...................................................................................................................................... 171 55.3 Video Broadcast................................................................................................................................... 171 Article 56 Dues Withholding........................................................................................................................... 173 56.1 Eligibility............................................................................................................................................... 173 56.2 Remittance........................................................................................................................................... 173 56.3 Certification.......................................................................................................................................... 173 56.4 Union Responsibilities.......................................................................................................................... 173 56.5 Agency Responsibilities....................................................................................................................... 174 56.6 Voluntary Allotments............................................................................................................................. 175 56.7 Allotment Processing............................................................................................................................ 175 56.8 Effective Date of Allotment................................................................................................................... 175 56.9 Changes in Dues Withholding Amount................................................................................................ 175 56.10 Termination......................................................................................................................................... 175 56.11 Insufficient Amounts........................................................................................................................... 176 56.12 Involuntary Cancellation of Dues Withholding................................................................................... 176 56.13 Voluntary Cancellation of Dues Withholding...................................................................................... 176 56.14 Administrative Errors in Processing Dues Withholding...................................................................... 176 Article 57 Duration........................................................................................................................................... 177 57.1 Duration................................................................................................................................................ 177 57.2 Reopeners............................................................................................................................................ 177 Subject Index.................................................................................................................................................... 179 x

PREAMBLE NRC/NTEU Collective Bargaining Agreement PREAMBLE The Nuclear Regulatory Commission, hereinafter referred to as the EMPLOYER and the National Treasury Employees Union hereinafter referred to as the UNION or NTEU, and Chapter 208, recognize that the right of employees to organize, bargain collectively, and participate through labor organizations of their own choos-ing in decisions which affect them, safeguards the public interest, contributes to the effective conduct of public business, and facilitates and encourages the amicable settlement of disputes between employees and employ-ers involving conditions of employment; and The Employer and the Union recognize that the public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the govern-ment; and The Employer and the Union recognize every intention to deal with each other in good faith, honesty, and mu-tual respect. This cooperation promotes both the efficiency of the Employers operation and the well-being of its employees; and The Employer and the Union agree that the dignity of employees will be respected in the implementation and application of this Agreement as well as related personnel policies and practices; and The Employer and the Union hereby further agree as follows:

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NRC/NTEU Collective Bargaining Agreement 2

Article 1 Recognition and Coverage NRC/NTEU Collective Bargaining Agreement Article 1 Recognition and Coverage 1.1 GENERAL PROVISIONS This Collective Bargaining Agreement has been negotiated and entered into in accordance with the provisions of Chapter 71 of the Civil Service Reform Act of 1978, 5 U.S.C., Section 7101 et seq., by and between the United States Nuclear Regulatory Commission (NRC) and the National Treasury Employees Union (Union) hereinafter collectively referred to as the parties.

1.2 UNIT COMPOSITION Since November 17, 1978, the NRC has recognized the Union as the exclusive representative of the employ-ees in the bargaining unit in the NRC Headquarters offices in the Washington, DC metropolitan area. The Union became the exclusive representative of employees in the Regional Offices of the NRC on January 21, 1979, when they were included in the bargaining unit by certification of that date by the Federal Labor Relala-tions Authority 1.2.1 Included in the bargaining unit are all GG professional employees and nonprofessional em-ployees and WG employees of the NRC except those who are excluded as set forth in 1.2.2 below.

1.2.2 Excluded from the bargaining unit are:

1.2.2.1 all supervisors as defined in 5 U.S.C. 7103(11); (Stewards who are temporarily assigned to supervisory positions for one full pay period or less may not perform representational duties within the division to which they are assigned as a su-pervisor during the period of such assignment, unless a specific exception has been granted by management. Union stewards who are temporarily assigned to supervisory positions for more than one full pay period may not perform any representation duties during the period of such assignment. The Union steward may request that the supervisory duties be assigned to another employee due to pending representational matters. If such a request is denied, then all meetings scheduled regarding pending representational matters assigned to that repre-sentative will be rescheduled and relevant deadlines extended for a reasonable period of time as determined by the parties.)

1.2.2.2 all management officials as defined in 5 U.S.C. 7103(11);

1.2.2.3 all employees engaged in Federal Personnel work in other than a purely clerical capacity; 1.2.2.4 all guards; 1.2.2.5 all confidential employees as defined in 5 U.S.C. 7103(13); NRC/NTEU Collective Bargaining Agreement 1.2.2.6 all temporary employees on appointments not to exceed 90 calendar days and with no reasonable expectancy of continuous employment; 1.2.2.7 all employees engaged in administering the provisions of 5 U.S.C., Chapter 71.

1.2.2.8 all employees engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; and all employees primar-ily engaged in investigation or audit functions relating to the work of individuals 3

NRC/NTEU Collective Bargaining Agreement Article 1 Recognition and Coverage employed by the NRC whose duties directly affect the internal security of the NRC but only if the functions are undertaken to ensure that the duties are dis-charged honestly and with integrity.

1.3 SCOPE The parties agree that the provisions of this Agreement shall govern the relations of the employees and the Union with the NRC with respect to conditions of employment and other matters covered by this Agreement.

1.4 EMPLOYEE DEFINITION Unless otherwise stated, the words employee or employees, as used in this Agreement, mean an employee or employees of NRC who are included in the bargaining unit. This Agreement does not apply to employees who are excluded from the bargaining unit or to positions which are outside the bargaining unit.

1.5 LIST OF BARGAINING UNIT EMPLOYEES The Agency shall maintain a list of employees and positions included in the bargaining unit. The Agency will send the list (in an agreed-upon format) to NTEU on a quarterly basis. This listing will contain the employees full name, Service Computation Date (SCD), title, series, grade, organization, date of last promotion, date of last increase and salary. The NRC will advise NTEU in writing of any employees added to, or removed from, the bargaining unit within thirty (30) days of such changes. Either party to the Agreement may challenge the inclusion or exclusion of positions or employees from the bargaining unit by petitioning to the Federal Labor Relations Authority pursuant to regulations.

1.6 AGENCY RULES, POLICIES AND REGULATIONS To the extent that the Agencys rules, policies and regulations are in conflict with the terms of this Agreement, the terms of this Agreement will govern.

1.7 EXISTING AGREEMENTS All current supplemental agreements between the parties (commonly referred to as a MOU) shall continue in effect unless specifically terminated by agreement or otherwise clearly superseded by this Agreement.

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Article 2 Employee Rights and Responsibilities NRC/NTEU Collective Bargaining Agreement Article 2 Employee Rights and Responsibilities 2.1 EMPLOYEE RIGHTS Each employee shall have the right to form, join or assist any labor organization or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided in 5 U.S.C., Chapter 71, such right includes the right:

2.1.1 Act for a labor organization in the capacity of a representative and the right in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities; and 2.1.2 To engage in collective bargaining with respect to conditions of employment, through repre-sentatives chosen by employees under said Chapter 71.

2.2 NRC VALUES The parties are mutually committed to the NRC Values of Integrity, Service, Openness, Commitment, Coop-eration, Excellence, and Respect. Relationships in the workplace should be conducted in a civil, businesslike manner.

2.3 REPRESENTATION 2.3.1 Self-Representation Each employee shall have the right to self-representation in a grievance or to representation by the Union. However, when an employee chooses to present a grievance on their own be-half, the Union shall have the right to be present during the grievance proceeding.

2.3.2 EEO Representation Consistent with law and regulation, employees will be permitted to have a representative during EEO Counseling.

2.4 WEINGARTEN RIGHTS The Union shall be given the opportunity to be represented at any examination of an employee in the unit by a representative of NRC in connection with an investigation if:

2.4.1 The employee reasonably believes that the examination may result in disciplinary action against the employee; and 2.4.2 The employee requests representation.

2.5 OFFICE OF THE INSPECTOR GENERAL (OIG) INVESTIGATIONS At the time the employee is initially contacted by OIG to schedule an interview, the employee is normally pro-vided with the following information:

2.5.1 The general subject of the interview or allegation; 2.5.2 That they are the subject of the investigations or whether the employee is being interviewed as a witness; 2.5.3 That if the employee reasonably believes that the interview may result in disciplinary action, the employee is entitled to representation during the interview by a person designated by NTEU; 5

NRC/NTEU Collective Bargaining Agreement Article 2 Employee Rights and Responsibilities 2.5.4 For non-criminal investigations, the interview is normally scheduled to allow the employee an opportunity to seek the counsel of an NTEU representative. Such counseling shall not, as determined by the OIG, unduly delay the interview; 2.5.5 For criminal investigations, the interview is normally scheduled to allow the employee an opportunity to seek legal counsel from their own attorney. Such counseling shall not, as deter-mined by the OIG, unduly delay the interview.

2.6 OFFICE OF THE INSPECTOR GENERAL (OIG) INTERVIEW WARNINGS Warnings given by the Office of the Inspector General, as appropriate include:

2.6.1 Miranda

Given when an individual is being interviewed concerning their own potential criminal misconduct and is taken into custody or deprived of freedom in a significant way. This warning advises that the individual is entitled to remain silent or otherwise not incriminate themselves and to the assistance of an attorney.

2.6.2 Garrity

Informs Federal employees who are subjects of investigations, that although they would normally be expected to answer questions regarding their official duties, refusal to answer on the ground that the answers may tend to incriminate them will not subject them to disciplinary action.

2.6.3 Kalkines

Advises that the possibility of criminal prosecution has been removed, usually by a declination to prosecute by the Department of Justice, and that the employee is required to answer questions relating to the performance of their official duties or be subject to disciplinary action.

2.7 GRIEVANCE PARTICIPATION Employees, designated representatives and employee witnesses will be assured freedom from restraint, interference, coercion, discrimination, intimidation or reprisal arising out of their initiation or participation in the resolution of a grievance.

2.8 EMPLOYEE COMPLIANCE Employees recognize their responsibility to promptly comply with all orders and instructions from their supervi-sors. If an employee reasonably believes that an order or instruction patently violates any law, rule or regula-tion, they should state their beliefs to their supervisor. If the instruction remains unchanged, they should state concisely their beliefs promptly and orally to the next higher level of management, if that higher level of man-agement is immediately available. If the order or instruction is confirmed by that higher level of management, or if the next higher level of management is not immediately available, then the order of instruction will be carried out promptly by the employee.

2.9 REACTION TO SUPERVISORY INSTRUCTION The employee may document their belief that the order or instruction violated one or more laws, rules or reg-ulations. If an employee refuses to carry out an order or instruction promptly and the NRC takes an adverse personnel action against the employee as a result of such refusal, that employee may assert as a defense that they believed the order or instruction to be illegal.

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Article 2 Employee Rights and Responsibilities NRC/NTEU Collective Bargaining Agreement 2.10 OPEN DOOR POLICY, NON-CONCURRENCE PROCESS, AND DIFFERING PROFESSIONAL OPINIONS PROGRAM All NRC employees are expected to discuss their views and concerns with their immediate supervisors on a regular, ongoing basis, including during the preparation and review of agency documents. If informal discus-sions do not resolve concerns, employees have various mechanisms for expressing and having their concerns and differing views heard and considered by management, including the Open Door Policy described in Man-agement Directive MD 10.160, the Differing Professional Opinions (DPO) Program described in MD 10.159, and the NRC Non-Concurrence Process described in MD 10.158. When an employee disagrees with all or part of a document for which they would be in the concurrence chain, (including situations where the employee would be the originator of the document), the employee shall not be required to concur on any approval doc-ument. In addition, the employee shall be allowed to document such differences to higher level management.

However, an employee will be required to comply with supervisory direction regarding the assignment of work, including assignments to continue working on the matter or issue that was the subject of the non-concurrence or differing view. No employee will be subject to retaliation for participating in the Open Door Program, the Non-concurrence Process or the Differing Professional Opinions Program.

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NRC/NTEU Collective Bargaining Agreement 8

Article 3 Management Rights and Responsibilities NRC/NTEU Collective Bargaining Agreement Article 3 Management Rights and Responsibilities 3.1 MANAGEMENT RIGHTS Nothing in this Agreement shall affect the authority of the NRC:

3.1.1 To determine the mission, budget, organization, number of employees, and internal security practices of the NRC.

3.1.2 In accordance with applicable laws-3.1.2.1 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 employees; 3.1.2.2 To assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted; 3.1.2.3 with respect to filling positions, to make selections for appoint- ments from-3.1.2.3.1 among properly ranked and certified candidates for promotion; or 3.1.2.3.2 any other appropriate source.

3.1.2.4 to take whatever actions may be necessary to carry out the Agencys mission during emergencies.

Nothing in this Agreement shall preclude the NRC and the Union from negotiating:

3.1.3 At the election of the NRC on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour-of- duty, or on the technology, methods, and means of performing work.

3.1.4 Procedures which management officials of the NRC will observe in exercising any authority under this section; or 3.1.5 Appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

3.2 AGENCY REGULATIONS AND POLICIES The Agency shall comply with its own regulations and policies governing personnel policies and practices and general conditions of employment insofar as they affect the working conditions of bargaining unit employees. The policies covered by this section include all or part of the following Manage-ment Directives, and related yellow announcements Volume 2 - Information Technology; Volume 7 - Legal and Ethical Guidelines; Volume 10 - Personnel Management; Volume 13 - Transportation, Facilities and Prop-erty; and Volume 14 - Travel.

This section shall not be construed to require the Agency to issue, change or retain such regulations and poli-cies, which it may continue to do in accordance with law.

3.3 MERIT SYSTEM PRINCIPLES In accordance with applicable FLRA case law, the Merit Systems Principles incorporated in this section do not independently authorize and, therefore, cannot serve by themselves as the basis of a grievance or legal action by an employee or the union, nor may they serve as an independent basis for an arbitration remedy.

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NRC/NTEU Collective Bargaining Agreement Article 3 Management Rights and Responsibilities 3.3.1 Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills after fair and open competition which assures that all receive equal opportunity.

3.3.2 All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.

3.3.3 Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector and appropriate incentives and recognition should be provided for excellence in performance.

3.3.4 All employees should maintain high standards of integrity, conduct and concern for the public interest.

3.3.5 The Federal work force should be used efficiently and effectively.

3.3.6 Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards.

3.3.7 Employees should be provided effective education and training in cases in which such educa-tion and training would result in better organizational and individual performance.

3.3.8 Employees should be:

3.3.8.1 protected against arbitrary action, personal favoritism, or coercion for partisan political purposes, and 3.3.8.2 prohibited from using their official authority or influence for the purpose of interfer-ing with or affecting the result of an election or a nomination for election.

3.3.9 Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences:

3.3.9.1 a violation of any law, rule, or regulation, or 3.3.9.2 mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health and safety.

3.4 PROHIBITED PERSONNEL PRACTICES The NRC shall not:

3.4.1 Discriminate for or against any employee or applicant for employment:

3.4.1.1 on the basis of race, color, religion, sex, or national origin, as prohibited under Section 717 of the Civil Rights Act of 1964, 3.4.1.2 on the basis of age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967, 3.4.1.3 on the basis of sex, as prohibited under Section 6(d) of the Fair Labor Standards Act of 1938, 3.4.1.4 on the basis of a disabling condition, as prohibited under Section 501 of the Rehabilitation Act of 1973, 3.4.1.5 on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation.

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Article 3 Management Rights and Responsibilities NRC/NTEU Collective Bargaining Agreement 3.4.2 Solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recom-mendation or statement is based on the personal knowledge or records of the person furnish-ing it and consists of:

3.4.2.1 an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or 3.4.2.2 an evaluation of the character, loyalty, or suitability of such individual.

3.4.3 Coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as reprisal for the refusal of any person to engage in such political activity.

3.4.4 Deceive or willfully obstruct any person with respect to such persons right to compete for employment.

3.4.5 Influence any person to withdraw from competition for any position for the purpose of improv-ing or injuring the prospects of any other person for employment.

3.4.6 Grant any preference or advantage not authorized by law, rule, or regulation to any employ-ee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment.

3.4.7 Appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position, any individual who is a relative (as defined in Section 3110 (a) (3) of 5 U.S.C.) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in Section 3110 (a) (2) of 5 U.S.C.) or over which such employee exercises jurisdiction or control as such an official.

3.4.8 Take or fail to take a personnel action with respect to any employee or applicant for employ-ment as a reprisal for:

3.4.8.1 a disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive Order to be kept secret in the interest of national defense or the con-duct of foreign affairs; or 3.4.8.2 a disclosure to Special Counsel of the Merit Systems Protection Board, or to the Inspector General of the NRC or another employee designated by the head of the NRC to receive such disclosures, of information which the employee or applicant reasonably believes evidences a violation of any law, rule, or regulation; or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

3.4.9 Take or fail to take any personnel action against any employee or applicant for employment as a reprisal for the exercise of any appeal right granted by any law, rule, or regulation.

3.4.9.1 Discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in 3.4.9.2 this subsection shall prohibit the NRC from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, or the District of Columbia, or the United States.

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NRC/NTEU Collective Bargaining Agreement Article 3 Management Rights and Responsibilities 3.4.9.3 take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concern-ing, the merit system principles contained in the Civil Service Reform Act of 1978.

3.5 EMPLOYEE DONATIONS NRC and NTEU support the efforts and involvement of employees participating in activities such as the Combined Federal Campaign (CFC), Federal Savings Bond Drive and Blood Drives and recognize that employees have the right to choose to participate or not in such drives. While the agency has the right to pro-vide information and materials concerning these activities, no employee will be coerced into participating nor will their right not to participate be denied.

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Article 4 Union Rights and Responsibilities NRC/NTEU Collective Bargaining Agreement Article 4 Union Rights and Responsibilities 4.1 EXCLUSIVE REPRESENTATIVE The Union is the exclusive representative of the employees and it is entitled to act for all employees in the unit.

It is responsible for representing the interests of all employees without discrimination and without regard to membership in the Union. The Union is also responsible, as an institution, for any breach of this Agreement; and, for any action of its Chapter officers and stewards which breach the Agreement.

4.2 FORMAL MEETINGS The Union shall be given the opportunity to be represented at any formal discussion [as defined in 5 U.S.C.

7114 (a)(2)(A)] between one or more representatives of the NRC and one or more employees or their repre-sentatives concerning any grievance (to include settlement discussions on grievances, MSPB appeals and EEO complaints or ADR sessions, to the extent required by law), or any personnel policy or practice or other general condition of employment. Accordingly, advance notice of any formal discussion that is to be held will be provided to the Chapter President (or designee). This advance notice will be given unless management has been prevented from doing so due to an emergency. In situations involving a meeting with a large group of em-ployees (such as a meeting with a Division, Office or Agency), NTEU shall receive at least a three (3) workday notice of the meeting, unless mission requirement necessitates less notice. In such cases, the Union will be given as much advance notice as possible.

4.3 NTEU FORMAL MEETING PARTICIPATION At the start of each formal discussion, the NRC management representative will ask any Union representative who may be present to state their name. Furthermore, the NRC management representative will permit the Union representative to ask relevant questions, and to present a brief statement before the end of the meeting outlining the Unions position concerning the issues presented by management, and to have full participatory rights during the meeting to the extent accorded to other employees. Where the Agency determines it is in the best interest of the government, the Union shall have, subject to workload and space restrictions, up to ten minutes following the conclusion of the meeting to address the employees in private.

When the issues to be discussed (in a formal meeting) have been listed in a written agenda, a copy will be for-warded to the Union prior to the meeting. NRC management has the right to control the meeting and to adjourn it as NRC management sees fit.

4.4 NO STRIKE CLAUSE The Union agrees there will be no strike, work stoppage, sick-out, or slowdown. The Union further agrees there will be no picketing of the NRC in a labor-management dispute if such picketing interferes with the NRCs op-erations. The Union further agrees not to condone any such activity by failing to take action to prevent or stop such activity.

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NRC/NTEU Collective Bargaining Agreement 14

Article 5 Equal Employment Opportunity NRC/NTEU Collective Bargaining Agreement Article 5 Equal Employment Opportunity 5.1 POLICY It is the policy of the NRC and Union to support an affirmative and positive Equal Employment Opportunity (EEO) program. Discrimination on the basis of age, color, disability, genetic information, national origin, race, religion, sex (including sexual orientation, gender identity and expression, and pregnancy), or retaliation for engaging in protected Equal Employment Opportunity (EEO) activity in the workplace will not be tolerated in personnel policies, practice, and employment conditions.

In addition, the NRC and Union agree to support in the context of affirmative programs of employment and in carrying out its representational responsibilities, the prohibition of discrimination and retaliation against employ-ees on the basis of marital status, parental status, and political affiliation. However, note that these bases are protected by Executive Order and do not have any appeal rights.

5.2 EEO COMPLAINTS AND OTHER ALTERNATIVE PROCESSES 5.2.1 Any matter that falls within the scope of the EEO complaint process may be raised in a for-mal EEO complaint or through the negotiated grievance procedure, but not both. Employees whose claims fall outside the scope of the EEO complaint process (i.e., claims that may not be brought before the EEOC) may nonetheless raise such matters, if otherwise grievable, through the negotiated grievance procedure (Article 46, Grievance Procedures).

Agency communications concerning the EEO program, including web pages, brochures, counselor training and employee information sessions, will state that employees may pursue EEO matters through the negotiated grievance procedure or other alternative processes, and provide a link to the EEOC regulation addressing those processes. (29 CFR 1614, Subpart C).

5.2.2 Pre-Complaint (Informal) Process Employees who believe they may have been discriminated against on an EEO protected bases must initiate contact with the Office of Small Business and Civil Rights (SBCR) within forty-five (45) calendar days of the date of the alleged discriminatory event or in the case of a personnel action, within 45 calendar days of the effective date of the action.

5.2.3 EEO Counselors 5.2.3.1 EEO counselors will conduct an initial interview to determine the basis for dis-crimination and the issues involved. EEO counselors will explain the steps of the EEO complaint process to the aggrieved individual, especially what a limited inquiry will involve, so that any findings may be presented to the appropriate management official along with any proposals for informal resolution.

5.2.3.2 The EEO counselor will provide written documentation explaining the aggrieved individuals rights and responsibilities regarding the EEO complaint process to include Alternative Dispute Resolution (ADR). The EEO counselor will advise the aggrieved individual of their right to elect the ADR process or traditional EEO counseling. EEO counseling will begin within thirty (30) calendar days from the date of the initial contact with the Aggrieved individual in an attempt to resolve the matter informally.

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NRC/NTEU Collective Bargaining Agreement Article 5 Equal Employment Opportunity 5.2.4 Formal Complaint Process If all attempts at an informal resolution have failed, the aggrieved individual may exercise their rights by filing a formal EEO complaint of discrimination. A formal EEO complaint must be filed in writing and signed by the aggrieved individual (Complainant) within fifteen (15) calendar days of receiving the Notice of Right to File a Discrimination Complaint. The formal EEO complaint should be emailed to the Director of SBCR. Upon receipt of the formal EEO com-plaint, SBCR will acknowledge receipt of the EEO complaint in writing. The acknowledgment letter will inform the Complainant of the date on which the EEO complaint is deemed timely filed.

5.2.5 Alternative Dispute Resolution (ADR) Program 5.2.5.1 The Agency and the Union support the use of ADR, including mediation, as a tool to resolve employment discrimination claims at the earliest date possible and in an expeditious and cost-effective manner.

5.2.5.2 Participation in the ADR process is voluntary and not intended to replace the administrative, judicial, and/or statutory appeal processes. Parties who choose to participate in the ADR process retain the rights afforded by the administrative and/or statutory appeal processes.

5.2.5.3 An employee, with the consent of the Union, may bring a Union representative to ADR proceedings.

5.2.5.4 When an employee requests to participate in the ADR process, management will participate in ADR by designating a Settlement Official with the authority from the respective NRC Organization/Program Area to make an offer of resolution or settlement.

5.3 EEO ADVISORY COMMITTEES 5.3.1 NRC recognizes that NTEU is the exclusive representative for bargaining unit employees with regard to personnel policies and practices and other conditions of employment. However, NTEU also recognizes that the EEO Advisory Committees function is to advise the Agency on the continuing development and implementation of the Agencys EEO program, including, but not limited to: affirmative employment, upward mobility, and recruitment efforts.

5.3.2 NTEU may appoint one sitting member to each of the EEO advisory committees as its for-mal representative inside each committee. All recommendations from the EEO advisory Committees impacting personnel policies, practices, or other conditions of employment will be shared with NTEU at the same time they are presented for the Agencys consideration.

5.3.3 The Agency is not bound by any recommendation provided by the EEO Advisory Committee.

However, if the Agency determines that the EEO Advisory Committees recommendations should be implemented, the Agency will provide notice and the opportunity to bargain to the Union, to the extent required by law.

5.3.4 NTEU will be invited to send one representative to attend any meeting of the Diversity Management Advisory Committee (DMAC). The Agency will notify NTEU of the time, date, and place of these meetings.

5.4 EEO TRAINING NTEU will be permitted to send one representative to attend each training session for EEO counselors as an observer. Any travel expenses associated with attendance at such training by an NTEU representative will be borne by NTEU.

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Article 5 Equal Employment Opportunity NRC/NTEU Collective Bargaining Agreement 5.5 CHANGES TO EEO PROGRAMS To the extent required by law, the Agency will provide the Union with notice and the opportunity to bargain over changes to its Affirmative Action Plan and other EEO programs, including ADR.

5.6 INFORMATION SHARING The Agency will make its Affirmative Employment Plans and such other reports, to include the MD-715 report, concerning bargaining unit employees that the Agency is required to provide to the EEOC, available to the Union.

5.7 NTEU REPRESENTATION 5.7.1 At any stage in the process of an EEO grievance or complaint, the employee shall have the right to be accompanied, represented, and advised by a Union representative, if the employee designates the Union representative as their EEO representative.

5.7.2 In accordance with 29 CFR Part 1614, if a Union representative has been designated, any and all contact between the Agency and the employee, including contact by a representative of the EEO Office, must be coordinated with the designated Union representative.

5.7.3 he Union may refuse to represent non-members in the EEO statutory process.

5.7.4 The Union will be notified of any formal discussion between the Employer and a bargaining unit employee not represented by the Union when the employee elects the EEO statutory pro-cess, consistent with law and Article 4, Section 4.2 of this Agreement.

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NRC/NTEU Collective Bargaining Agreement 18

Article 6 Hours of Work NRC/NTEU Collective Bargaining Agreement Article 6 Hours of Work 6.1 OFFICIAL HOURS - HEADQUARTERS Official hours at NRC Headquarters offices shall be from 7:30 a.m. to 4:15 p.m. (includes an unpaid 45-minute rest or meal period) on Monday through Friday of each week except for official holidays.

6.2 OFFICIAL HOURS - REGIONAL OFFICES Official hours and core hours in Regional Offices shall be negotiated locally in each Regional office. It is agreed that official hours in the Regions will maximize, to the extent feasible, the hours of overlap with Headquarters official hours when time zone adjustments are taken into consideration.

6.3 BREAKS An employee whose schedule includes more than six hours of nonovertime work on a day must take a minimum 45 minute unpaid meal break or rest period after working no more than six continuous hours of non-overtime work (a longer period may be included in NEWFlex and First-40 work schedules). The clock hours during which a break is taken are subject to management approval based on work requirements including office coverage, and employees may not take the break at the beginning or end of the workday to shorten the workday.

6.4 FACTORS GOVERNING ESTABLISHMENT AND ADJUSTMENT OF WORK SCHEDULES Work schedules and work schedule adjustments will be required and approved or denied based on work requirements including, but not limited to, office coverage, training, or participation in collaborative projects.

Other considerations include a need for direct supervision for less than satisfactory performance or identified time and attendance issues.

6.5 OFFICE COVERAGE Management may determine the number and types of employees needed to provide adequate office cover-age. Adequate office coverage shall normally be considered to exist when there is an adequate number of employees available to carry out that segments responsibilities and to knowledgeably respond to all inquiries regarding the segments primary function and ongoing projects. Adequate office coverage also includes the availability of sufficient staff to respond to ongoing events which have a significant impact on agency mission or operations.

6.6 APPROVAL OF WORK SCHEDULES Each employee shall request in writing through the work schedule request function in HRMS the approval of their supervisor to work one of the following:

6.6.1 the official hours; 6.6.2 a Compressed Work Schedule (5-4/9, or expanded compressed in limited circumstances; 6.6.3 a NEWFlex work schedule; or 6.6.4 a First-40 schedule (in limited circumstances in accordance with law).

6.6.5 An employees work schedule request will be approved unless the request would interfere with work requirements, such as office coverage, training, or participation in collaborative projects, and/or based on a need for direct supervision of an employee due to less than sat-isfactory performance and/or identified time and attendance issues. A work schedule request which would result in a liquidation of credit hours may be disapproved by a supervisor. In such cases, the employees supervisor may require the employee to adopt a particular work 19

NRC/NTEU Collective Bargaining Agreement Article 6 Hours of Work schedule based on those work requirements and/or performance/time and attendance issues.

Schedule requests shall be approved or denied by a supervisor or designee, in writing, no later than ten (10) workdays after receipt of the request, absent extenuating circumstances.

Where the employees schedule cannot be granted as requested, the supervisor or designee will work with the employee to find a mutually acceptable alternate schedule to the extent feasible.

6.7 SCHEDULING A change requested by an employee will be effective no earlier than the first day of the first full pay period after the supervisor or designee authorizes or requires the change.

Supervisors shall consider factors enumerated in this Article when making decisions regarding employee re-quests for CWS and/or NEWFlex days off. When two or more employees in an organizational segment request the same CWS and/or NEWFlex day off in a pay period which cannot both be approved, the employees shall attempt to resolve the issue. If they cannot resolve it, the supervisor or designee shall make the final decision, based on seniority by date of NRC Entry on Duty (EOD).

6.8 COMPRESSED WORK SCHEDULES (CWS) 6.8.1 A full-time compressed work schedule has an 80-hour, biweekly basic work requirement that is fixed and scheduled for fewer than 10 basic workdays.

The type of CWS that employees may work at NRC is a 5-4/9, a part-time CWS, or under specified circumstances an expanded compressed work schedule.

6.8.2 A 5-4/9 CWS has nine basic workdays, eight of which are 9-hour workdays and one of which is an 8-hour workday.

Mondays through Fridays normally are the only permissible basic workdays; however, each office and region, at its sole discretion, may permit Saturday basic workdays subject to work requirements.

All of the 9-hour basic workdays must have the same clock hours, may begin as early as 6:00 a.m. (would end at 3:45 p.m.), may end as late as 6:00 p.m. (would begin at 8:15 a.m.), and must start and end on a 15-minute increment.

A part-time CWS has a biweekly basic work requirement that is fixed, comprised normally of 32 to 64 hours7.407407e-4 days 0.0178 hours 1.058201e-4 weeks 2.4352e-5 months (see exceptions in Management Directive (MD) 10.13), scheduled on fewer than 10 basic workdays, has at least one basic workday comprised of more than 8 hours9.259259e-5 days 0.00222 hours 1.322751e-5 weeks 3.044e-6 months , and has workdays and work clock hours set within the days and times stated above.

6.8.3 Expanded-Compressed Work Schedule 6.8.3.1 This is a type of compressed work schedule (CWS), normally established on a short-term basis, that deviates from the agencys standard 5-4/9 CWS.

6.8.3.2 The schedule may be appropriate, for example, for emergency response work, or for inspections, hearings, or other work associated with licensee-site-area visits.

The schedule is not appropriate for work performed at an employees official duty station (with the exception of emergency response work); during attendance at a conference or training; while on international travel; while on travel to Regional Offices or Headquarters; or in situations which involve brief work periods for which other more appropriate work schedule/compensation mechanisms exist (e.g., overtime, or compensatory time off).

6.8.3.3 This work schedule has the following characteristics:

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Article 6 Hours of Work NRC/NTEU Collective Bargaining Agreement The days and hours of work must be predictable yet not conform with an employ-ees existing work schedule; A full-time employee may, with supervisory approval, compress more than eight or nine regular (nonovertime) hours into a work- day and fewer than nine work-days into a pay period (part-time employees may participate as well). For exam-ple, an employee might be scheduled to work eight 10-hour workdays in a given pay period; There are no restrictions on the times an employee may be scheduled to work (including at night and on weekends), which may result in premium pay.

6.9 NEWFLEX 6.9.1 NEWFlex is a flexible work schedule which splits the workday into two distinct kinds of time:

core time and flexible time.

6.9.2 Core time represents the basic workdays and clock hours that employees must work, or must officially account for not working by taking leave, compensatory time off, credit hours, excused absence, etc. The core hours are from 10:30 a.m. to 1:30 p.m. each Wednesday. However, Office Directors may, at their sole discretion, reduce the core hours within this timeframe to as little as 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months per pay period.

6.9.3 Employees may not work regular or credit hours on Sundays or federal holidays. For purposes of pay and scheduling, full-time NEWFlex holiday clock hours: at Headquarters are from 7:30 a.m. to 4:15 p.m. (includes an unpaid 45-minute rest or meal period); and, in each Regional office, may differ and must match the Regions official duty hours (which include a 45-minute unpaid rest or meal period).

6.9.4 NEWFlex is a type of flexible work schedule in which selected arrival and departure times are fixed until changed. The employee must work the approved schedule for the pay period except when, under special circumstances, the employee obtains the approval of their supervisor to change to another schedule. NEWFlex work schedules shall be in 15 minute increments.

Employees on NEWFlex may request to begin their workday as early as 5:00 a.m. and/or to end their workday as late as 8:00 p.m. However, Office Directors and Regional Administrators, at their sole discretion, may extend the hours to as late as 11:00 p.m. Employees normally are not eligible for night premium pay for any non-overtime hours worked. Employees may include non-contiguous hours (split-shift(s)) in their work schedules.

6.9.4.1 Employees on a NEWFlex work schedule will also be permitted to glide; that is, subject to mission accomplishment, they may arrive/depart up to 1 hour1.157407e-5 days 2.777778e-4 hours 1.653439e-6 weeks 3.805e-7 months before or after their scheduled arrival/departure time, but not earlier than 5:00 a.m. and not later than 8:00 p.m. (or as late as 11:00 p.m. if basic workday(s) may end that late), and must work and/or take official time off (approved leave, compensatory time off, credit hours, excused absence, etc.) for the same amount of work hours as were originally scheduled. Gliding is not to be used on a regular basis or in lieu of a permanent schedule change.

6.9.5 Employees may request to work fewer than ten days in a pay period, and may account for up to 11.25 hours2.893519e-4 days 0.00694 hours 4.133598e-5 weeks 9.5125e-6 months a day including regular hours, credit hours earned/used, leave used, excused absence used, and compensatory time off used (regular, religious, and Special Compensatory Time Off for Travel). This limit does not apply to: overtime work, whether uncompensated, or compensated via overtime pay or regular compensatory time off; religious compensatory time off earned; or Special Compensatory Time Off for Travel Earned. The schedule for full time em-ployees may mirror a compressed work schedule such as a 5-4/9 or a 4-10 or even a regular 21

NRC/NTEU Collective Bargaining Agreement Article 6 Hours of Work 10 day workweek 8 hour9.259259e-5 days 0.00222 hours 1.322751e-5 weeks 3.044e-6 months workday schedule. It is not necessary that an employee schedule the same number of and/or clock hours each work day.

6.9.6 Except as below, if the NEWFlex work schedule which was previously approved shall be terminated, the supervisor shall inform the employee on or before the first workday of a pay period, and the termination will become effective the first workday of that pay period. In an emergency, such as unexpected changes in workload, the termination may become effective as early as the first day of the pay period in which the change is communicated. Such decision shall be based upon the criteria set forth in Sections 6.4, 6.5, and 6.6.5 of this Article.

6.10 CREDIT HOURS Employees who are on NEWFlex work schedules may participate in the Credit Hour Program.

Unless a supervisor approves an exception as explained below, an employee must submit to their supervisor and must obtain that supervisors prior concurrence of a plan documented via the Leave/Additional Hours Request function in the Human Resources Management System (HRMS). The plan reflects the days and clock hours that the employee wishes to earn and/or use credit hours. If it is impractical to request and obtain prior approval via the HRMS request function, the employee may request and obtain verbal approval, normally prior to earning and/ or using credit hours, subject to subsequent confirmation via the HRMS request function, unless the supervisor, at their sole discretion, permits the plan to be requested only verbally and grants approv-al only verbally without a requirement for subsequent written confirmation via the HRMS request function. If an employee wishes to deviate from an approved plan, they must typically obtain their approving officials prior verbal approval. Actual credit hours earned or used are recorded by the employee and reviewed and approved as appropriate by the supervisor via the HRMS Timesheet function, and employees will not be required to revise an original credit hour request in HRMS.

Approval of an employees request to earn credit hours will be based on work requirements including, but not limited to: office coverage; training; participation in collaborative projects; and the need for direct supervision due to less than satisfactory performance or identified time and attendance issues.

Credit hours may be earned at the employees worksite, whether it is on the agencys premises, at a temporary duty location, or at an alternate work location under an approved Telework Program.

Employees may earn credit hours by working earlier than their scheduled arrival time or by working later than their scheduled departure time, but no earlier than 5:00 a.m. and no later than 8:00 p.m. (as late as 11:00 p.m.,

if the office or region permits basic workdays to end that late).

Credit hours are allowable only on permissible basic workdays, which do not include holidays. Saturdays are considered permissible basic workdays for this purpose, even if an employee is not scheduled to work regular hours on Saturdays, if the employees office director, regional administrator, or supervisor or other time and attendance approving official has not prohibited Saturday basic workdays.

Credit hours that are earned or used are subject to the 11.25 daily maximum described in Article 6.9.5.

Employees may not earn credit hours: before 5:00 a.m.; after 8:00 p.m. (except that employees may earn cred-it hours later, as late as 11:00 p.m., if basic workdays are permitted to end that late); during a 45-minute rest or meal period; on Saturdays if Saturday basic workdays have been prohibited; on Sundays; on holidays; or while in the act of travel (for example, while driving an automobile or as a passenger in an automobile or airplane),

but may earn credit hours, if otherwise eligible, for performing work at the destination to which the employee traveled.

Employees may earn credit hours of not less than a total of one-half credit hour per day, and any extra credit hours earned must be in 15-minute increments. Credit hours are used in 15-minute increments.

Full-time employees may carry over a maximum of 24 credit hours from one pay period to the next, and part-time employees may carry over a maximum of 1/4 of their scheduled biweekly tour of duty. Any excess credit hours will be forfeited and the employee may not otherwise be compensated for this forfeited time.

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Article 6 Hours of Work NRC/NTEU Collective Bargaining Agreement Credit hours may be earned and used, overtime may be earned, one or more types of compensatory time off may be earned and used, excused absence may be used, and one or more types of leave (including leave without pay) may be used, during the same day, workweek, or pay period, if appropriate and approved.

Approving official authorization or disapproval of an employees use of credit hour time off will be based on the same criteria that apply to annual leave. Employees may use credit hours only for those hours that they are regularly scheduled to work.

With approving official authorization, employees may use credit hours before earning them, but must subse-quently earn the credit hours in the same pay period that they are used. Employees are to substitute appro-priate leave, earned compensatory time off, etc., for any negative credit hour balance at the end of the pay period.

Employees will be paid (at their current rate of pay) for accumulated and unused credit hours only upon switch-ing to a work schedule other than NEWFlex or upon leaving the agency. This payment is not subject to the biweekly or annual limitation on combined salary plus premium pay, nor are credit hours earned subject to this limitation, because credit hours are considered a type of work schedule adjustment versus a form of compen-sation. Employees may not be paid for more credit hours than they are permitted to earn, for example, for more than a total of 24 credit hours for full-time employees.

6.11 FIRST 40 SCHEDULE A first 40 schedule may be approved for those employees, such as resident inspectors, where it is impractica-ble to prescribe a regular schedule of definite hours of duty for each workday of a regularly scheduled admin-istrative workweek. A first 40 work schedule requires employees to work 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months without the requirement for specific days and hours. These 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months are all considered regularly scheduled nonovertime work for hours of duty purposes. Any additional hours (in excess of forty within the administrative workweek) of officially ordered, approved, or suffered or permitted work, as appropriate, are considered overtime work for premium pay pur-poses.

6.12 SUPERVISORY DISCRETION A supervisor may approve duty hours other than those described in this Agreement. However, a supervisors refusal to approve a request for such duty hours shall be non-grievable and non- arbitrable.

6.13 GRIEVABILITY Employees may grieve denials of work schedule requests starting at Step B except for the following:

6.13.1 denial of a work schedule request where a prior request was approved during the prior 3 months; 6.13.2 denial of a specific CWS day off, as long as the employee has been granted either a Monday or Friday as their CWS day off; 6.13.3 denial of an employees request to work a schedule beginning before 6:00a.m., or ending after 6:00p.m.;

6.13.4 denial by the supervisor of a work schedule not described in this agreement.

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NRC/NTEU Collective Bargaining Agreement 24

Article 7 Telework NRC/NTEU Collective Bargaining Agreement Article 7 Telework 7.1 GENERAL This Article pertains to the implementation of a Telework Program whereby participants are allowed to work at home or at other approved offsite locations, including other NRC facilities not associated with an employees position of record. For the purposes of this Article the terms telework and telecommuting can be used inter-changeably, and can include work- at-home.

NRC and NTEU jointly recognize the benefits of the Telework Program which can, among other things, provide the opportunity to enhance workplace efficiency, increase employee morale, and reduce traffic congestion. In recognizing these benefits, both parties acknowledge the need of the Commission to accomplish its mission.

Participants in the Telework Program will receive the same treatment as non-participants for the purposes of performance evaluations, training, rewarding, reassigning, promoting, reducing in grade, retaining, and remov-ing employees, work requirements, and other acts involving managerial discretion. While teleworking, all work-place policies remain in place, including start/end times, rules regarding time and attendance, and employee expectations concerning performance and conduct.

7.2 MANAGEMENT DISCRETION Telework is subject to approval by management and is not an employee entitlement. Approval or denial of an employees request to telework will be based on telework not diminishing the employees performance or agen-cy operations, applicable law, regulation, and the provisions of this Article.

Management has the discretion in deciding whether a particular position or class of positions is appropriate for the Telework Program based on the content of the work, consistent with the criteria set forth in this Article.

Although an employee may request a particular day(s) and/or time to telework, NRC management has final approval.

7.3 TYPES OF TELEWORK The following telework schedules are available:

7.3.1 Fixed - a recurring telework arrangement with a fixed schedule that designates the day(s) and hours each pay period in which work will be performed at the employees home or approved offsite location, including other NRC facilities not associated with an employees position of record. A request for approval of a fixed telework schedule shall be submitted to the first line supervisor.

7.3.2 Project-based - short-term telework, when an employees work assignments, or a portion thereof, can be performed remotely for a short period of time. The duration of an approved project-based telework arrangement can be measured in terms of hours or a few days.

7.3.2.1 A request for project-based telework shall be submitted to the first-line supervisor.

7.3.2.2 The employee must request and receive managements approval for each proj-ect-based telework occurrence. The supervisor must document each specific project-based telework arrangement.

7.3.3 Special Circumstances - a non-permanent telework arrangement for a relatively short period of time due to personal incapacitation or a personal hardship.

7.3.4 Continuity of Operations (COOP) - telework performed to ensure that the Agency can continue to perform critical functions during a wide range of emergencies, including but not 25

NRC/NTEU Collective Bargaining Agreement Article 7 Telework limited to, acts of nature, accidents, and technological or attack-related emergencies.

7.4 ELIGIBILITY 7.4.1 Any employee, on any work schedule, including a part-time employee and phased retirement participants, may request a telework arrangement under any of the above listed types of telework. Subject to the provisions set forth in Section 7.2, an employee will be eligible for a telework arrangement if:

7.4.1.1 They have sufficient duties that are portable that can be effectively performed outside of the traditional office setting (e.g., face-to-face contact with others that is predictable or can be managed through other means of communications and access to necessary materials is readily available through alternative means that will not violate any law, regulation, or policy). While an employees position may not have sufficient portable duties to provide eligibility to telework regularly on a fixed schedule, the employee may still have portable duties associated with a particular assignment that would be eligible for project-based telework (e.g., on-line mandatory training).

An employee who routinely or regularly deals with classified, confidential, or sensitive documents or data or information that is not available from home (e.g.,

personnel and/or payroll records, non-public (NRC restricted) information, or information protected from unauthorized disclosure by the Privacy Act of 1974 and its implementing regulations) must be authorized to remove such documents from an NRC facility or have sufficient other work to justify the requested telework schedule.

7.4.1.2 The employees absence from the work site does not unduly interfere with the efficient operation of the organization, or the employee does not require frequent face-to-face interaction with supervisors, coworkers and/or others, or use of spe-cialized equipment.

7.4.1.3 The employees latest rating of record in all critical elements is fully successful or better, and the employee has demonstrated and maintained acceptable work habits, conduct, and adherence to agency policies. Failure in any of these areas must have been documented in writing prior to the date of the employees tele-work request to justify denial.

7.4.2 In accordance with the provisions of Public Law 111-292 (otherwise known as the Telework Enhancement Act of 2010), an employee is not eligible to telework under any circumstances if they have been officially disciplined (i.e., a warning, reprimand, or suspension):

7.4.2.1 For being absent without leave (AWOL) for more than 5 days in any calendar year; or 7.4.2.2 For violation of Subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal government computer or while perform-ing official government duties.

7.4.3 Telework may not be used for dependent or childcare. However, merely having a child or de-pendent in the home with the teleworker is not a sufficient reason to deny a telework request.

A teleworker must continue to make arrangements for child or dependent care to the same extent as if they were working at the traditional office. If a situation arises where the employee must attend to a dependent at the alternative worksite during scheduled duty hours, the em-ployee shall immediately notify the supervisor and arrange to take leave, credit hours, or make 26

Article 7 Telework NRC/NTEU Collective Bargaining Agreement other arrangements. If an employee uses telework to provide for dependent or childcare, they will be ineligible for telework until such time as arrangements for care are made.

7.5 TRAINING All employees are required to complete training to participate in the Telework Program.

7.6 REQUEST TO PARTICIPATE IN THE TELEWORK PROGRAM 7.6.1 An employee requesting a project-based, fixed schedule or special circumstances telework arrangement must submit a signed telework request.

7.6.2 The employee may also submit a request for telework as a reasonable accommodation directly to the Agency Reasonable Accommodation Coordinator.

7.6.3 The employee must submit a new telework request when either of the following occurs:

7.6.3.1 the employee is promoted, reassigned, detailed to a different position, or goes on a rotation to a different position; or 7.6.3.2 the employee wishes to make any change to the telework agreement, such as the number of days or hours of telework, the location of the alternative worksite, etc.

7.6.4 The Agency will review telework agreements for accuracy as needed.

7.7 RESPONSES TO REQUESTS TO PARTICIPATE IN THE TELEWORK PROGRAM The employees request will be reviewed and discussed with the employee. In deciding whether to grant or deny a request, the applicable official will consider the factors set forth in Sections 7.2 and 7.4 of this Article.

Requests to participate in the fixed and special circumstances Telework Program will normally be reviewed and responded to within fifteen (15) workdays of the request. Requests for more than three (3) days of fixed tele-work per week, including full-time telework requests, will normally be reviewed and responded to within thirty (30) workdays, unless the request is to telework from an international location.

7.7.1 Approvals of Requests for Telework The telework agreement forms document the terms and conditions of participation in the program. The agreement must be signed by both parties and approved in accordance with the provisions of this Article prior to the start of the telework arrangement.

Employees approved for telework must agree to abide by the terms of the telework agreement and agency drug testing policy, complete an offsite safety checklist and complete an informa-tion security checklist.

7.7.2 Denials of Requests for Telework 7.7.2.1 If a request to participate in the Telework Program is denied, within ten (10) days of the denial, the employee will be provided an explanation in writing for the denial, specifying the reason(s) for the denial, specifically identifying which of the criteria set forth in Section 7.4 the employee has failed to meet.

7.7.2.2 The management officials final decision is grievable in accordance with Article 46, Grievance Procedures.

7.7.2.3 Upon request submitted to the Chief, Policy and Labor Employee Relations Branch, the Agency will provide the Union a copy of the management officials final decision as described in 7.7.2.2.

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NRC/NTEU Collective Bargaining Agreement Article 7 Telework 7.7.2.4 In the event management determines that a class of positions may not participate in the Telework Program, it will first provide NTEU with written notice and upon request, meet to discuss its rationale. Upon request, the Agency will provide a written ex-planation to the Union for excluding a class of positions from telework eligibility.

7.8 MODIFICATION OR TEMPORARY SUSPENSION OF THE AGREEMENT A supervisor may modify or temporarily suspend, for a specified period of time, a telework arrangement. Man-agement retains the right to make decisions to modify or temporarily suspend a Telework arrangement on a case-by-case basis and based on business needs. Where a telework schedule is modified or temporarily sus-pended, advance written notice will be provided where practicable. Supervisors and employees should work together to find a mutually acceptable alternative telework schedule where possible. Such modifications or temporary suspensions are expected to be short in duration and infrequent.

7.9 TERMINATION OF THE AGREEMENT 7.9.1 A supervisor may terminate the employees telework arrangement if:

7.9.1.1 the employee fails to adhere to any of the provisions of the telework agreement; 7.9.1.2 the employees performance in any critical element falls below a rating of Fully Successful; 7.9.1.3 Appropriate work is no longer available, or a specific project has been completed; 7.9.1.4 Office coverage requirements are not being met; 7.9.1.5 The employee fails to truthfully report his or her time worked; 7.9.1.6 The employee misuses government equipment;7.2.2.

7.9.1.7 The employee refuses to use an agency specified electronic means of communi-cation (e.g. email, Microsoft Teams, etc.) while teleworking; or 7.9.1.8 The employee fails to meet any of the telework eligibility requirements outlined in 7.4 above.

7.9.2 Participation may be terminated by the employee at any time. In order to terminate their tele-work agreement, the employee must inform their supervisor of the discontinuation.

7.9.3 If an employees performance falls below Fully Successful in any critical element, the employ-ees telework will be terminated after the employee is provided the memorandum required under Article 25.9.4 or Article 25.10.

7.9.4 If a Telework arrangement is terminated, the management officials final decision is grievable in accordance with Article 46, Grievance Procedures.

7.9.5 Employees may reapply for telework 90 days after the decision to terminate participation.

7.10 FULL-TIME TELEWORK 7.10.1 Any employee who meets the criteria listed in Section 7.4 may request a full-time tele-work schedule. To be approved, the employee must have duties that are 100% portable.

Management has the sole discretion to determine whether duties are 100% portable and to approve or deny such request. Management also has the discretion to terminate the full-time telework agreement if the work is no longer 100% portable or for any reason described above.

Management will not deny such requests in an arbitrary or capricious manner. In the event the agreement is terminated, the employee is responsible for all costs associated with returning to the original official duty station. The supervisor will provide written notice of termination, and the employee will normally have at least 30 but not less than 15 days to report to the original official duty station. An employee may request in writing additional time to report to the official 28

Article 7 Telework NRC/NTEU Collective Bargaining Agreement duty station. The supervisor will consider any such request on a case-by-case basis.

7.10.2 The official duty station for an employee with a telework agreement who is not scheduled to report at least twice per pay period to the NRC facility associated with their position of record is the location of the telework site. The official duty station will be used to determine employee pay, locality pay, and official travel funding responsibilities and will be documented in the em-ployees Official Personnel Folder. Any relocation costs associated with moving are the sole responsibility of the employee.

7.10.3 If the NRC office associated with their position of record and the alternative worksite are within a reasonable commuting distance, then travel between the NRC office and the alternative worksite is considered local travel, and there is no travel reimbursement for travel expenses.

7.10.4 A request for full-time telework at a location outside of the United States is subject to U.S.

Department of State approval and if the Department of State approves, such approval may take several months to procure. An employee requesting such a telework arrangement will not be able to begin to telework internationally until the State Department approval has been procured.

7.11 SPECIAL CIRCUMSTANCES WORK AT HOME 7.11.1 All special circumstances work at home arrangements require a telework agreement and well-documented evidence and may be subject to review by an independent expert on behalf of the NRC.7.11.2. Medical documentation must include the number of hours and/or days an employee would be capable of working during the workday/pay period and the duration of the situation or circumstance giving rise to the work at home request.

7.11.2 All special circumstances work at home plans are non-permanent arrangements for relatively short periods of time. There is no minimum period for which a plan can be approved.

7.11.3 Generally, work at home arrangements will be approved for the duration of the special circum-stance, which should not be a period exceeding six (6) months. Determinations regarding the duration of all work at home plans will be made on a case-by-case basis. In unusual circum-stances where the need continues beyond 6 months, an employee may request an extension.

The request for an extension must be accompanied by medical or other relevant documenta-tion to support the extension.

7.11.4 All special circumstances work at home requests, including extensions, must be submitted to the first-line supervisor and be approved prior to the start of the arrangement or extension. If an employee with a disability requests special circumstances telework to enable him or her to perform the essential functions of his or her position, this is a request for reasonable accom-modation that may also be submitted to the Agency Reasonable Accommodation Coordinator.

7.12 PERFORMANCE OF WORK 7.12.1 Performance requirements for teleworking employees are the same as those for non- tele-working employees. When an employee participates in telework, expectations related to accountability do not differ by virtue of the telework arrangement. Nothing in this Article shall affect managements right to assign work or make reasonable requests to ascertain the status of work assignments.

7.12.2 A teleworking employee must be available at a specified alternative worksite to supervisors, co- workers, and the public by telephone, voicemail, email, other electronic communication or conferencing systems, as specified by the Agency, and other communications mediums during their regularly scheduled hours of work. An employee will not be subject to enhanced electron-ic tracking or surveillance solely because they are teleworking. This provision does not apply to the OIG or security-related activities of the Agency.

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NRC/NTEU Collective Bargaining Agreement Article 7 Telework 7.12.3 Time spent teleworking must be accounted for and reported in the same manner as if the employee reported for duty at the NRC worksite. Normal procedures regarding the requesting and approval of overtime, credit hours, leave, and other paid time off apply when an employee is teleworking.

7.13 TECHNOLOGY, EQUIPMENT, AND SUPPLIES 7.13.1 The employee will be responsible for all home maintenance, operating costs, insurance, or any other costs (e.g., utilities, internet service) associated with the use of an alternative worksite. The Agency will provide the IT equipment determined necessary by the Agency for participating employees to perform their assigned duties. An employee is not prevented from supplementing Agency equipment with the employees personally owned equipment, in accor-dance with NRCs applicable guidance, policy, and procedure regarding use of personal de-vices (such as keyboards, headphones, monitors or mice). Employees wishing to utilize basic agency office supplies, such as paper and pens, that would otherwise be provided in the NRC supply room may retrieve such items from the supply room for use while teleworking. The Agency will not deliver to employees or reimburse employees for the cost of office supplies.

7.13.2 The teleworking employee must comply with all applicable information technology and in-formation management law, rules, regulations, and NRC policies, guidance and processes concerning information technology and information management.

7.14 TELEWORK IN CONTINUITY OF OPERATIONS AND OTHER WEATHER OR EMERGENCY CONDITIONS Agency closures due to weather, road conditions, or other emergency conditions do not normally affect an employees ability to telework. Therefore, all employees with an approved telework agreement are expected to work their normal tour of duty by teleworking on those days when the government has unscheduled leave/

unscheduled telework, delayed arrival, early dismissal, or Federal offices are closed to the public. All such employees will not normally be granted weather and safety leave. If an emergency occurs at the telework site that impacts an employees ability to perform official duties, the employee will notify their supervisor as soon as practicable. The supervisor may direct the employee to another work site, grant weather and safety leave, or allow the employee to request appropriate leave, e.g., annual leave or LWOP.

Telework is a vital part of the NRCs COOP plan. When the agency is operating under COOP, the COOP Plan will supersede the telework policy.

7.15 REPORTS The Union will be provided with a copy of any OCHCO reports or data regarding telework participation provid-ed to any other government entity (e.g., OPM, OMB, GSA, or Congress). However, internal NRC reports that are management advice and guidance are not covered by this section.

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Article 8 Blank NRC/NTEU Collective Bargaining Agreement Article 8 Blank Former Special Circumstance Work-At-Home. See Article 7, Section 11 for current Special Circumstances Work-at-Home.

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NRC/NTEU Collective Bargaining Agreement 32

Article 9 Holidays NRC/NTEU Collective Bargaining Agreement Article 9 Holidays 9.1 WORK ASSIGNMENTS ON HOLIDAYS Unless NRC determines that a specific employee(s) is required to work an established U.S. Government holi-day, NRC agrees to direct such work assignments based on seniority among qualified employees. In situations where there are volunteers, NRC agrees to use the most senior employee(s); in those cases where there are no volunteers, NRC agrees to use reverse seniority.

9.2 NOTIFICATION TO EMPLOYEES The NRC agrees to notify employees who are directed to work an established U.S. Government holiday as soon as practicable after the need is known.

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NRC/NTEU Collective Bargaining Agreement 34

Article 10 Annual Leave NRC/NTEU Collective Bargaining Agreement Article 10 Annual Leave 10.1 ANNUAL LEAVE Employees shall earn and use annual leave in accordance with applicable law and regulations.

10.2 REQUESTS 10.2.1 Requests for annual leave which are for periods of three consecutive workdays or less must be made in advance and may be made orally unless a supervisor requires the requests to be in writing or e-mail. Requests for annual leave which are for periods in excess of three con-secutive workdays shall be made in advance and in writing. Requests to use annual leave shall be granted or denied promptly (no later than 10 workdays after receipt of the request, absent extenuating circumstances). The supervisor may deny annual leave requests for rea-sons related to the employees workload, and/or the workload in the employees organizational segment which could affect the employees workload.

10.2.2 In the event that a supervisor denies an employees request for annual leave during a specific time period due to workload restrictions, the supervisor will, if requested and to the extent practicable, specify an alternative time when the block of requested leave may be taken.

10.2.3 Once an employees request for annual leave has been approved, the approval may not be revoked unless, because of changed circumstances, the employees absence would cause a severe workload problem.

10.2.4 When two or more employees requests for annual leave create a workload problem in the employees organizational segment, the employees will be requested to resolve the problem among themselves. If they are unable to do so, the requests, if granted, will be granted in the order that the supervisor received them.

10.2.5 If annual leave is denied, and upon request by the employee, the supervisor will promptly provide a brief explanation of the reason(s) for the denial of the leave request (no later than 10 workdays after receipt of the denial, absent extenuating circumstances).

10.2.6 When an employee unexpectedly needs annual leave, the employee should request annual leave to the extent practicable by notifying their supervisor or designee by their normal starting time. Notification can be accomplished by speaking with the supervisor directly or leaving a voicemail and/or e-mail message with a return number, requesting leave, providing an ex-planation of the need for the requested leave, and giving the reason for not having secured advance approval. The supervisor will approve or deny the request in accordance with the provisions of this Article.

10.3 CONSECUTIVE LEAVE WEEKS Subject to the provisions of Section 10.2, the NRC agrees to grant annual leave in a manner which permits each employee, if they wish, to take at least 2 consecutive weeks of annual leave each year, provided the em-ployee has a sufficient leave balance or will have accrued a sufficient leave balance by the end of the current leave year, or by the termination date of their appointment, whichever is sooner.

10.4 USE OR LOSE LEAVE The NRC agrees to continue its practice of advising employees about the law and regulations pertaining to the forfeiture of use-or-lose annual leave. Such advice will be given annually in writing and will be published far enough in advance of the end of the leave year to permit employees in a use-or-lose situation to meet the statutory and regulatory guidelines for avoiding forfeiture of annual leave.

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NRC/NTEU Collective Bargaining Agreement Article 10 Annual Leave 10.5 SUBSTITUTION OF LEAVE When sickness occurs within a period of annual leave, the employee may request that the period of illness be charged as sick leave and the annual leave would be reduced accordingly. Such requests to substitute sick leave for annual leave should be made as soon as possible after return to duty, and if the sick leave exceeds 3 consecutive workdays the supervisor may require the employee to furnish either a medical certificate or other reasonably acceptable evidence. When the request for sick leave, which is to be substituted, complies with Article 11, Sick Leave, it shall be approved.

10.6 RELIGIOUS HOLIDAYS Upon advance request, the supervisor shall make every reasonable effort to grant, consistent with workload and staffing needs, an employees request for annual leave for a workday, which occurs on a religious holiday.

10.7 DISMISSAL AND CLOSURE PROCEDURES Consistent with OPM guidance issued in December 2014, employees who are on annual leave on a day when the NRC office is closed will remain on annual leave. If the annual leave has been taken for the purposes of a medical appointment, and the appointment is cancelled, the agency may grant excused absence if the office is closed. For employees who have telework agreements in place, and wish to telework during the closure, see Article 7.

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Article 11 Sick Leave NRC/NTEU Collective Bargaining Agreement Article 11 Sick Leave 11.1 SICK LEAVE Employees earn and use sick leave in accordance with applicable law and regulations. Employees are entitled to use sick leave for any of the reasons specified in federal regulation. For certain family purposes, the amount of sick leave an employee may use each leave year is limited by federal regulation. A family member is as defined under federal regulation (e.g. family member for Family Medical Leave Act is defined under 5 C.F.R.

630.1202 and family member for sick leave is defined under 5 C.F.R. 630.201).

Supervisors have the authority and responsibility to determine that:

y the reasons for a sick leave request are valid and fall within federal guidelines as an authorized use of sick leave, and y the nature of an employees illness was such as to incapacitate them for their job if the reasons for sick leave are the employees illness or injury.

11.2 SUPERVISORY NOTIFICATION OF UNANTICIPATED SICK LEAVE Prior to the time for reporting to work, an employee is expected to notify their supervisor or the supervisors designee if the employee will be absent due to a need for sick leave that was not anticipated prior to that time.

If the employee is unable to provide such advance notice, the employee should normally notify the supervisor within two hours of the employees scheduled time for reporting to work. Such notice shall be provided on the first day of their absence and on each subsequent day not covered by the employees prior notification. If the employee cannot comply with the 2-hour requirement (e.g., due to the degree of illness or injury), the employ-ee will report their absence as soon as possible along with an explanation for the delay. Any request for the employee to substantiate the need for sick leave will be handled in accordance with the provisions of 11.4, below.

11.3 LEAVE REQUESTS 11.3.1 Sick leave requests for scheduled medical, dental, or optical examinations, operations or treatment must be made as far in advance as practical. The employee and the supervisor will discuss alternatives if the request for sick leave would adversely affect the units ability to accomplish its work.

11.3.2 When practical, such requests will be made no less than three workdays prior to the intend-ed absence. Requests for sick leave of more than three consecutive full workdays must be entered via the Leave/Additional Hours Request function in HRMS (unless the employee is also invoking FMLA). Requests for sick leave of three consecutive full workdays or less may be made orally unless the supervisor specifically requires the requests to be entered via the Leave/Additional Hours Request function in HRMS (not applicable when the employee is also invoking FMLA). When an employee wishes to request more sick leave than the amount that was previously requested/approved in HRMS, supervisors have the sole discretion to re-quire that the request be entered via the Leave/Additional Hours Request function in HRMS or to accept the request orally. Such requests by the employee will be approved in accordance with the criteria set forth in Article 10, Annual Leave.

11.3.3 An employee who, because of illness, is released from duty by the supervisor after reporting to the work site, will not be required to furnish a medical certificate to substantiate sick leave for the day released from duty.

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NRC/NTEU Collective Bargaining Agreement Article 11 Sick Leave 11.4 MEDICAL DOCUMENTATION OR OTHER EVIDENCE 11.4.1 Supervisors may require an employee to furnish either a medical certificate or other evidence acceptable to a reasonable person to substantiate a request for approval of sick leave if the sick leave exceeds three consecutive full workdays. For example, a supervisor may at their discretion accept an employees self-certification as documentation in support of the request for sick leave of any duration.

11.4.2 An employee shall not normally be required to submit documentation for absences of three consecutive workdays or less. However, if the Agency has reasonable grounds to question whether an employee is properly using sick leave (for example, when sick leave is frequently used or in unusual patterns or circumstances), then the Agency may inquire further into the matter and ask the employee to provide an explanation. In requesting further explanation, the Agency will notify the employee of the basis of this request. The employee may provide their explanation verbally or in writing; however, if the employees explanation is not deemed ac-ceptable, the supervisor may require that the employee provide an explanation in writing from the employees health care provider, where appropriate (i.e., where the nature of the need for sick leave is such that a doctors visit would be necessary) or to provide other evidence to support the usage of sick leave. Absent a reasonably acceptable explanation or evidence to support the request for sick leave, the leave request may be denied. The employee will be counseled/warned that continued, frequent use of sick leave or use in unusual patterns or circumstances, may result in a written requirement to furnish acceptable documentation, as provided below, for each subsequent absence due to illness or incapacitation for duty, regard-less of duration.

11.4.3 If a supervisor has reasonable grounds to believe that an employee is abusing their sick leave, the supervisor will give written notice that for a stated period (generally 6 months), they must furnish documentation from a competent medical authority for each absence from work that they desire to charge to sick leave. An allegation of sick leave abuse may not be based solely on the amount of sick leave used by the employee. At the end of the stated period, the restriction will expire unless the supervisor gives the employee written notice of renewal of the restriction due to actual or suspected continued abuse.

11.4.4 If medical documentation is required under this Article, it must include the following elements:

(1) the actual date(s) seen by the medical provider; (2) probable duration of incapacity and/

or return to work date; (3) an affirmative statement by the medical provider that the employee is unable to work during the period of incapacity; and (4) the employees name and the med-ical providers name, address, and signature. This documentation shall be provided to the supervisor.

11.4.5 Any request that an employee submit medical documentation beyond that required in 11.4.4, shall be provided in writing, and shall (1) state the basis for requesting additional, more spe-cific information; (2) identify the name and address of the Agencys medical authority; and (3) specify the nature of the document required and/or the types of documentation or evidence which will satisfy the Agencys request. The Agency will provide the employee a reasonable amount of time (no less than 15 calendar days, but up to 30 calendar days, if necessary) to obtain the requested medical documentation.

11.4.6 An employee may, at their option, authorize the Agency to contact their health care provider directly; the employee will be permitted to participate in any such communication. If the em-ployee does not provide the requested information, the Agency will make a decision using the information available. If there is a dispute concerning the sufficiency of medical documenta-tion, the Agency may require an employee to undergo an additional physical examination, by a competent medical authority (other than the Agencys designated medical authority) at the Agencys expense.

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Article 11 Sick Leave NRC/NTEU Collective Bargaining Agreement 11.4.7 Any medical documentation or evidence submitted by an employee shall be considered con-fidential and will only be discussed with other officials of the Agency on a need to know basis.

Management will only make sick leave status and usage information available on a need to know basis.

11.4.8 If an employee suffers from a chronic condition which does not require frequent medical treat-ment, although absence from work is periodically necessary as established by medical docu-mentation of the chronic condition, the employee will not be required to furnish documentation for each absence. Medical documentation establishing such conditions shall be updated from time-to-time upon request of the supervisor based on the circumstances of the particular case.

However, if a supervisor has reasonable grounds to believe that an employee is abusing their sick leave, then the terms of 11.4.3 above apply.

11.4.9 For a request for sick leave to care for a family member with a serious health condition, a supervisor may require an employee to provide an additional written statement from the health care provider concerning the family members need for psychological comfort and/or physical care. The statement must include the following elements: (1) the family member that requires psychological comfort and/or physical care; (2) the family member would benefit from the employees care or presence; and (3) the employee is needed to care for the family member for a specified period of time. However, a supervisor may at his or her discretion accept an employees self-certification as documentation in support of the request for sick leave of any duration.

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NRC/NTEU Collective Bargaining Agreement 40

Article 12 Advanced Annual and Sick Leave NRC/NTEU Collective Bargaining Agreement Article 12 Advanced Annual and Sick Leave 12.1 ADVANCED ANNUAL LEAVE Annual leave which will accrue during the leave year will normally be made available to full-time and part-time employees at the beginning of the leave year for use during the year in accordance with applicable leave reg-ulations. For part-time employees, the number of hours of annual leave advanced will be prorated according to the number of hours in the employees regularly scheduled administrative workweek. Employees who are on temporary appointments will be advanced annual leave up to the amount of leave that will be earned before the appointment expires. Use of such leave may be denied when it is unlikely that the employee will accrue such leave during the leave year, based on the employees nonpay status during the year, information provided by the employee, or a pending action to terminate their employment.

12.2 ADVANCED SICK LEAVE 12.2.1 At managements discretion, sick leave may be advanced to an employee for any of the rea-sons authorized in federal regulation and within the limits provided by regulation. The request for advanced sick leave must be denied when it fails to meet the required criteria, or it is known in advance that the employee does not intend to return to duty.

Up to 240 hours0.00278 days 0.0667 hours 3.968254e-4 weeks 9.132e-5 months (30 days) of sick leave may be advanced to a full-time employee:

1. Who is incapacitated for the performance of their duties by physical or mental illness, injury, pregnancy, or childbirth;

2. For a serious health condition of the employee or a family member;

3. When the employee would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by their presence on the job because of exposure to a communicable disease;

4. For purposes relating to the adoption of a child; or

5. For the care of a covered servicemember with a serious injury or illness, provided the employee is exercising their entitlement to FMLA leave to care for a covered servicemember.

Up to 104 hours0.0012 days 0.0289 hours 1.719577e-4 weeks 3.9572e-5 months (13 days) of sick leave may be advanced to a full-time employee:

1. When they receive medical, dental or optical examination or treatment;

2. To provide care for a family member who is incapacitated by a medical or mental condition or to attend to a family member receiving medical, dental, or optical examination or treatment;

3. To provide care for a family member who would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by that family members presence in the community because of exposure to a communicable disease; or

4. to make arrangements necessitated by the death of a family member or to attend the funeral of a family member.

12.2.2 For a part-time employee, the maximum amount of sick leave that may be advanced must be prorated according to the number of hours in the employees regularly scheduled administra-tive workweek.

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NRC/NTEU Collective Bargaining Agreement Article 12 Advanced Annual and Sick Leave 12.2.3 The maximum amount of advanced sick leave that a full-time employee may have to their credit at any one time is 240 hours0.00278 days 0.0667 hours 3.968254e-4 weeks 9.132e-5 months . This amount is prorated for a part-time employee accord-ing to the number of hours in the employees regularly scheduled administrative workweek.

12.2.4 Employees must request advanced sick leave in writing. A supervisor may require an em-ployee to submit a medical certificate or other appropriate documentation justifying the need for the advanced leave. Any such request will be done in accordance with the provisions set forth in Article 11, Sick Leave. Sick leave may be advanced solely at the discretion of manage-ment. Decisions will not be arbitrary and capricious. In addition to ensuring that the reason and amount are authorized by regulation, management should consider such matters as, but not limited to, the expectation of the return to duty, the need for the employees services, the employees past leave record, the amount of annual leave available to the employee, and the benefits to the agency of retaining the employee.

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Article 13 Leave Without Pay NRC/NTEU Collective Bargaining Agreement Article 13 Leave Without Pay 13.1 AGENCY APPROVAL Leave without pay must be requested in advance whenever possible. Requests for more than three days must be made in writing. However, the authorization of leave without pay is a matter of administrative discretion and employees, with a few exceptions, have no entitlement to leave without pay as a matter of right. If the employ-ees request is denied, they will be notified before the Agency charges the employee as being Absent Without Leave (AWOL).

13.2 FAMILY LEAVE An employee may be entitled to leave without pay for family-related reasons in accordance with the provisions of Article 15, Family Leave.

13.3 RELATIONSHIP TO ANNUAL AND SICK LEAVE An employee may request, and the Agency will consider granting, leave without pay even though their annual or sick leave balance has not been exhausted. Upon the request of an employee, an approved absence which would otherwise be charged to sick leave or annual leave may be converted to leave without pay at the discre-tion of NRC in accordance with applicable rules and regulations.

13.4 EXTENDED LEAVE WITHOUT PAY Each request for extended leave without pay that is not an entitlement, including a request to engage in full or part-time study, will be examined closely to assure that the value to the government or the needs of the em-ployee are sufficient to offset costs and administrative inconveniences such as encumbrance of a position. There should be reasonable expectation that the em-ployee will return at the end of the approved period. In addition, it should be apparent that at least one of the following benefits would result:

13.4.1 increased knowledge, skills or ability to perform the job; 13.4.2 protection or improvement of employees health; or 13.4.3 retention of the employee.

13.5 DURATION OF LEAVE WITHOUT PAY Except when required by law or regulation, leave without pay will not be authorized initially for any period in excess of 52 weeks. Requests for extensions will be approved/disapproved based on the merits of each indi-vidual case.

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NRC/NTEU Collective Bargaining Agreement 44

Article 14 Weather and Safety Leave NRC/NTEU Collective Bargaining Agreement Article 14 Weather and Safety Leave 14.1 GENERAL DEFINITIONS Weather and Safety Leave is paid leave that an employee may use without any loss of pay, leave, or credit to the employee for time or service.

In accordance with 5 U.S.C. § 6329c and 5 C.F.R. Part 630, Subpart P, Weather and Safety Leave may be granted only if an employee is prevented from safely traveling to or performing work at an approved location due to:

14.1.1 an act of God; 14.1.2 a terrorist attack; or 14.1.3 another condition that prevents the employee from safely traveling to or performing work at an approved location.

An Act of God means an act of nature, including hurricanes, tornadoes, floods, wildfires, earthquakes, landslides, snowstorms, and avalanches.

Weather and Safety Leave is generally granted in conjunction with an Agency or OPM operating announce-ment. This type of leave is not meant to be used for mass transit or commuting problems that are not related to safety matters, and the NRC will not authorize it for those circumstances. Employees have other workplace flexibilities available to address these transit or commuting problems, including taking leave, adjusting work hours/work schedule, or teleworking.

14.2 GRANTING AND RECORDING OF WEATHER AND SAFETY LEAVE 14.2.1 The Agency is responsible for determining when and how employees in headquarters and regional offices will be released in weather or emergency situations and may grant the use of Weather and Safety Leave in these situations. NRC will notify employees that their work location has been closed in accordance with Article 14.6.

Once the decision is made by the Agency that Weather and Safety Leave may be used in conjunction with an emergency situation, supervisors have the discretion to grant leave to those employees who were covered by that decision and would otherwise be required to work in ac-cordance with 14.3.

Non-emergency employees who do not participate in the Telework Program will be granted Weather and Safety Leave for the number of hours they were scheduled to work.

14.2.2 Full-time Teleworkers Weather and Safety Leave may also be granted by the Agency in situations where full-time tele-workers who are affected by weather or other conditions impacting the safety of their telework site (e.g., impacted by a hurricane) are not in the area covered by an agency-specific operating announcement.

The Agency has the discretion to grant leave to full-time teleworkers who are affected by weath-er or other conditions impacting the safety of their telework site (e.g., impacted by a hurricane) and who are not in the area covered by an agency-specific operating announcement.

Full-time teleworkers should request Weather and Safety Leave in accordance with Article 14.5.

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NRC/NTEU Collective Bargaining Agreement Article 14 Weather and Safety Leave 14.2.3 Employees on Official Travel Employees on official travel who cannot safely travel to or perform work at their temporary duty location because of a weather or emergency condition described above may be eligible for Weather and Safety Leave. Employees on official travel are expected to continue working unless the supervisor approves a request for Weather and Safety Leave in accordance with Article 14.5 below.

14.2.4 Employees Not Scheduled to Work Employees on leave without pay, leave without pay for military duty, workers compensation, suspension, or in another non-pay status are not granted Weather and Safety Leave. Since employees in a non-pay status have no expectation of working and receiving pay, they are not granted Weather and Safety Leave and remain in their current status.

An employee on a compressed work schedule (CWS) or NEWFlex schedule whose regular day off falls on a day when the NRC is closed is not granted Weather and Safety Leave for the scheduled non-workday and is not entitled to an additional in-lieu-of day off.

Employees on pre-approved leave (paid or unpaid) or other paid time off may not receive Weather and Safety Leave unless the preapproved leave or other paid time off is canceled due to the weather or emergency event, e.g., caused a cancelation of travel plans or of a doc-tor appointment. In such situations, employees must then follow the appropriate operating sta-tus procedures. Supervisors may request sufficient information or documentation to show that granting of Weather and Safety Leave is appropriate. The Agency will not approve Weather and Safety Leave for an employee who requests to cancel pre-approved leave (paid or un-paid) or other paid time off primarily for the purpose of obtaining Weather and Safety Leave.

14.2.5 On early departure days, employees who depart prior to their staggered departure times may request to use unscheduled leave (paid or unpaid) or other paid time off and will not be grant-ed Weather and Safety Leave. An employee will be in an unscheduled leave (non-work) status during the commute time home when they choose to leave prior to the scheduled departure time in the announcement.

14.3 TELEWORK EMPLOYEES This section applies to employees with an approved Telework Agreement who have the necessary equipment and work materials at their approved telework location to perform their duties or is otherwise able to perform productive work at the telework site at the time a weather or emergency event occurs. When an employee with an approved Telework Agreement may reasonably anticipate that a weather or other safety-related condition may force the closure of their official work location, the employee must take reasonable steps (within an em-ployees control) to become telework-ready for the anticipated day(s) the location may be closed.

14.3.1 In child/elder care situations, because agency policy allows an employee to telework when a young child or other person requiring the presence of a caregiver is present in the home, any time spent providing care to such individual will not be considered hours of work. The employ-ee is expected to account for work and non-work hours during their tour of duty and take the appropriate leave (paid or unpaid) or other paid time off to account for time not working. The employee will not be granted Weather and Safety Leave for their non-work time.

14.3.2 Employees who participate in NRCs Telework Program are expected to remain in a work or duty status if they are scheduled to work at home (or at another designated worksite) on a day that NRC facilities are closed, open with a delayed arrival, or dismissed early (or during a Shelter-In-Place emergency event) unless their supervisor determines that the emergency event or closure substantially prevents their performance of work.

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Article 14 Weather and Safety Leave NRC/NTEU Collective Bargaining Agreement 14.3.3 Employees who participate in NRCs Telework Program and are not scheduled to telework:

14.3.3.1 Are expected to telework and remain in a work or duty status on a day that NRC facilities are closed even if they are not scheduled to work at home (or at anoth-er designated worksite) unless their supervisor determines that the emergency event or closure substantially prevents their performance of work.

14.3.3.2 Will receive Weather and Safety Leave for their commute time when there is an early departure at NRC facilities, so long as they leave at the appropriate depar-ture time and the travel time is during their regularly scheduled workday. They are expected to complete the remainder of their regularly scheduled workday by teleworking after commuting home.

14.3.3.3 When there is a late arrival at NRC facilities, employees coming into the of-fice must arrive by the time designated in the announcement. They will receive Weather and Safety Leave for the commute time that occurs between the begin-ning of their regularly scheduled workday and the designated arrival time or their actual time of arrival, whichever is earlier.

14.3.3.4 Telework employees may, alternatively, request appropriate unscheduled leave (paid or unpaid) or other paid time to account for the remaining hours in the tour of duty.

14.4 EMERGENCY EMPLOYEES This section applies to employees who are designated by the NRC as emergency employees pursuant to 5 CFR § 630.1605 (e.g., employees critical to agency operations and for whom Weather and Safety Leave may not be applicable). NRC may designate different emergency employees for the different circumstances expect-ed to arise from these weather and safety conditions.

Employees designated as emergency employees are expected to report to their worksite on time even when their office is closed due to a weather or emergency condition (unless otherwise directed by their supervisor or NRC leadership). A reasonable amount of Weather and Safety Leave may be granted if NRC determines that it is unsafe for emergency employees to travel to or perform work at the worksite.

Each year, NRC will provide NTEU a complete list of employees, including their position titles, who are des-ignated as emergency employees pursuant to 5 CFR § 630.1605 (e.g. those employees who are critical to agency operations and who are expected to report to work on time and continue working unless excused by their supervisors during weather-related and other emergencies).

14.5 INDIVIDUAL REQUESTS 14.5.1 If an employee is prevented from safely traveling to or performing work at their assigned duty location due to a weather or safety condition described in Article 14.1, Weather and Safety Leave may be granted only if the Agency determines that (1) the weather or emergency sub-stantially prevents the employee from safely traveling to work or performing work, and (2) the employee is otherwise unable to work at an alternative approved worksite.

14.5.2 Weather and Safety Leave will only be granted to individuals on rare occasions when there is not a coinciding agency operating status announcement. In addition, the Agency will not pro-vide Weather and Safety Leave to employees who face different conditions in outlying areas when their normal worksite is not affected by these conditions. Employees in this situation should contact their supervisor to discuss using other workplace flexibilities such as telework, taking leave, or adjusting work hours/work schedule.

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NRC/NTEU Collective Bargaining Agreement Article 14 Weather and Safety Leave 14.5.3 Employees may request orally or in writing, Weather and Safety Leave from their supervi-sor. The employee must explain why they cannot safely travel to work or perform work at an approved location (e.g. the employees official duty station, an approved telework site, and if applicable, a temporary duty location) because of a weather or emergency condition described in Article 14.1. Such explanation can include:

whether the employee is within an area affected by a weather or emergency condi-tion described in Article 14.1 or must travel through an area affected by a weather or emergency condition described in Article 14.1 to reach the employees approved work location;.

whether the mode of transportation normally used by the employee to reach their approved work location was impacted by the weather or emergency condition;

any applicable local travel restrictions or evacuation orders.

The Agency will grant or deny the Weather and Safety Leave request within a reasonable time.

14.6 OPERATING STATUS ANNOUNCEMENTS The NRC will inform all employees whenever it changes its operating status due to a weather or emergency situation in accordance with current procedures or the equivalent.

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Article 15 Family Leave NRC/NTEU Collective Bargaining Agreement Article 15 Family Leave 15.1 LEAVE ENTITLEMENT UNDER THE FAMILY AND MEDICAL LEAVE ACT (FMLA).

The FMLA entitles covered full-time or part-time employees to approved leave without pay for specified family and medical purposes. Generally, FMLA provides covered employees a total of 12 administrative workweeks of unpaid leave during any 12-month period for certain family and medical needs. However, the amounts differ for certain military purposes.

15.1.1 An employee with at least 12 months of qualified Federal service is entitled to take:

A. Up to 12 administrative workweeks of unpaid leave during a 12-month period for one or more of the following reasons:

1. The birth of a child of the employee and the care of such child.

2. The placement of a child with the employee for adoption or foster care.

3. The care of a spouse, son, daughter, or parent of the employee who has a seri-ous health condition.

4. A serious health condition, as defined in 5 CFR 630.1202, of the employee that makes the employee unable to perform the essential functions of their position.

5. Any qualifying exigency arising out of the fact that the employees spouse, or a son, daughter, or parent is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces. Regulations list several categories of qualifying exigencies and impose shorter maximum time limits on some of them.

B. Up to 26 administrative workweeks of unpaid leave during a single 12-month period to care for a covered member of the Armed Forces with a serious injury or illness. The em-ployee (1) must be the spouse, son, daughter, parent, or next of kin (defined as the near-est blood relative) of a covered servicemember with a serious injury or illness and (2) provide care for such servicemember. Son or daughter on covered active duty or call to covered active duty status refers to the employees biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on covered active duty or call to covered active duty status. The son or daughter can be any age. The serious illness or injury must have been incurred by the covered servicemem-ber in the line of duty while on active duty in the Armed Forces.

15.1.2 An employee interested in taking leave under FMLA is encouraged to consult U.S. Office of Personnel Management regulations and guidance, NRC guidance, and/or the servicing human resources specialist to ensure that the employee obtains detailed information about the ap-proved purposes for FMLA, how to make and document requests, options for substituting paid leave for FMLA, and definitions. Among other terms, FMLA regulations at 5 CFR 630 Subpart L define terms such as serious health condition, health care provider, and family member. For example, the definition of son or daughter for FMLA purposes other than care of a covered service member specifies a son or daughter including a biological, adopted, or foster child; a step child; a legal ward; or a child of a person standing in loco parentis (that is, who has day-to-day responsibility for the care and provides financial support of a child) if the child is:

a. under 18 years of age; or 49

NRC/NTEU Collective Bargaining Agreement Article 15 Family Leave

b. 18 years of age or older and incapable of self-care because of a mental or physi-cal disability.

15.1.3 Consistent with current law and regulations an employee may, at their option, substitute paid leave (annual, paid parental, sick, as appropriate) for unpaid leave under FMLA.

15.1.4 Entitlement to leave under FMLA shall be administered in accordance with applicable law, government-wide regulations, and this Article.

15.2 REQUESTS FOR LEAVE UNDER FMLA 15.2.1 An employee is required to submit a written request indicating that the employee is invok-ing FMLA. The request will provide the reasons and expected dates along with any required documentation. If the employee intends to substitute paid leave, including advanced leave, it should be requested at this time. Employee requests to use family and medical leave shall be granted or denied promptly. An employee may initially make an oral request if circumstances prevent a written request. The employee or representative will follow up with a written request as soon as practicable.

15.2.2 Requests must be submitted within the timeframes provided by regulation. Among other provi-sions, regulations require that the employee advise their supervisor not less than 30 calendar days prior to the date the leave is to begin when the need for family and medical leave is fore-seeable, based on an expected birth, placement for adoption or foster care, or planned medi-cal treatment for the employee or a family member. When the leave must be taken beginning within thirty calendar days, notice is required as soon as practicable.

15.2.3 The employee will be notified as soon as possible as to what documentation will be required for the family and medical leave request. Rules and procedures concerning requests for med-ical documentation are set forth in Article 11, Section 11.4. Employees are encouraged to use forms developed by the Department of Labor to document FMLA leave requests.

15.3 PARENTAL LEAVE The NRC is committed to helping employees balance their work and family responsibilities. Subject to workload, mission, or staffing requirements, NRC will ordinarily grant requests for up to six (6) months of parental leave for the birth or adoption of a child, which would typically include the employees three (3) month entitlement to leave pursu-ant to FMLA.

If any portion of a request for parental leave (including paid parental leave, maternity leave, paternity leave, or same-sex spouse leave) is denied, the employee and their supervisor will discuss mutually acceptable options for addressing parental interests (such as intermittent leave, telework, part-time or job-sharing arrangements). If the su-pervisor and employee do not agree upon a mutually acceptable option, the supervisor will promptly (no later than 10 workdays, absent extraordinary circumstances) provide a written explanation of the reasons the leave request was denied.

15.3.1 Paid Parental Leave (PPL) 15.3.1.1 Under the Federal Employee Paid Leave Act (FEPLA) an employee may elect to take up to 12 weeks of PPL in connection with the birth or placement (for adoption or foster care) of a child occurring on or after October 1, 2020.

PPL is substituted for FMLA leave and may be taken during the 12-month period fol-lowing the birth or placement. The pay an employee receives when using PPL will be the same pay the employee would receive if the employee were using annual leave.

15.3.1.2 In order to be eligible for paid parental leave under FEPLA, the employee must be eligible for FMLA leave under 5 U.S.C 6382(a)(1)(A) or (B) and meet FMLA eligibility requirements.

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Article 15 Family Leave NRC/NTEU Collective Bargaining Agreement 15.3.1.3 A full-time employee is entitled to 12 work weeks (480 hours0.00556 days 0.133 hours 7.936508e-4 weeks 1.8264e-4 months ) of PPL during the 12-month period beginning on the date of the birth or placement of a child. Within these 12 work weeks, PPL is available as long as the employee has a continuing parental role with the child whose birth or placement was the basis for the leave entitlement.

Part-time employees are also entitled to 12 weeks of PPL prorated based on the number of hours in the employees scheduled tour of duty. (For example, if an employee has a part-time scheduled tour of duty that consists of 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months in a biweekly pay period, the amount would be 240 hours0.00278 days 0.0667 hours 3.968254e-4 weeks 9.132e-5 months .)

15.3.1.4 If more than one parent is employed by NRC, each parent is entitled to twelve (12) administrative workweeks of PPL. However, a parent may not transfer their entitlement to the other parent.

15.3.1.5 To request PPL, an employee must submit a completed NRC Form 623 and a signed Service Agreement. The Parties recognize that circumstances beyond an employees control (e.g., birth occurring earlier or later than the expected due date) may cause the anticipated dates to change. In such circumstances, the employee will notify their supervisor orally or in writing as soon as practicable.

15.3.1.6 If an employee requests to use PPL intermittently, the employee will describe the reasons for requesting intermittent PPL and how the employee will use PPL on NRC Form 623. If the employees supervisor cannot approve the request based on the information provided on the form, the supervisor and the employee will discuss mutually acceptable options to address the employees reasons for requesting intermittent PPL. If the supervisor denies the employees intermittent leave request, the supervisor will provide a written explanation of the reasons the request was denied.

15.3.1.7 To use paid parental leave, the employee must agree in writing, before com-mencement of the leave, to subsequently return to work for the NRC for at least 12 weeks. This 12-week work obligation begins on the employees first scheduled workday after paid parental leave concludes.

15.3.2 Maternity Leave For leave purposes, pregnancy shall be treated like any other medically certified temporary disability. Leave for maternity purposes will be granted or denied by the supervisor based on the request of the employee, advice of her physician, and in accordance with applicable law, policy, and regulation for such leave. Absent an emergency situation, she must request any such leave from her supervisor prior to her absence for maternity reasons. Requests for ma-ternity leave pursuant to FMLA should be made in accordance with Section 15.2 of this Article.

To the extent permitted by law and regulation, the employee, at her discretion, may use leave or other paid time off; e.g., earned sick leave, annual leave, paid parental leave, leave without pay (LWOP), compensatory time off, credit hours (including leave entitlement under FMLA as set forth in Section 15.1) or any combination of these for maternity leave purposes. Upon re-quest, employees who meet the criteria for inclusion in the Voluntary Leave Transfer Program will be approved.

Nothing in this Section requires an employee to exhaust annual, sick or other types of leave or compensatory time off prior to requesting LWOP under this Section.

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NRC/NTEU Collective Bargaining Agreement Article 15 Family Leave 15.3.3 Paternity or Same-Sex Spouse Leave In accordance with law and regulation, a male employee or same-sex spouse is entitled to LWOP under FMLA if needed to care for the mother during pregnancy, childbirth, and recov-ery, or to care for a newborn or a child placed for adoption or foster care. An employee may substitute paid leave for LWOP to the extent consistent with the law and regulations for using annual leave, paid parental leave, and sick leave, as appropriate. For example, an employee is entitled to use sick leave to care for the mother while incapacitated, take a child to medical appointments or care for an ill child, but an employee may not use sick leave to care for a well newborn. Requests for leave pursuant to FMLA should be made in accordance with Section 15.2 of this Article.

15.4 PREGNANCY ACCOMMODATIONS If a pregnant employee requests an accommodation, NRC will make reasonable efforts to accommodate the employees health needs. The employee and the NRC will engage in an interactive dialogue about options for accommodation (such as changes to duties, work schedule, telework, etc.)

NRC may request medical documentation or other evidence to aid in its determination as to whether or not an accommodation is appropriate. However, the NRC may at its discretion accept self-certification as documenta-tion in support of a requested accommodation.

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Article 16 Other Leave Provisions and Excused Absences NRC/NTEU Collective Bargaining Agreement Article 16 Other Leave Provisions and Excused Absences OTHER LEAVE PROVISIONS 16.1 MILITARY LEAVE Military leave will be granted in accordance with applicable statutes, Office of Personnel Management (OPM) regulations and Comptroller General decisions.

16.2 COURT LEAVE All court leave will be granted in accordance with applicable statutes, OPM regulations and Comptroller Gener-al decisions.

16.3 BONE MARROW AND ORGAN DONATION An employee may use up to 7 days of paid leave to serve as a bone marrow donor and up to 30 days of paid leave to serve as an organ donor. The length of absence for such purposes will vary depending upon the med-ical circumstances of each case. Administratively acceptable documentation, such as certification from the employee or medical certification from the doctor or hospital, is required. Requests for bone marrow or organ donation leave will be submitted using the Leave/Additional Hours Request function in HRMS. All bone mar-row and organ donation leave will be granted in accordance with applicable statutes, OPM regulations, and Comptroller General decisions.

EXCUSED ABSENCES Excused absence is an employees time away from official duties, for which no leave of any kind is charged and for which there is no loss of compensation.

16.4 PUBLIC ELECTIONS When the public election polls are not open at least 3 hours3.472222e-5 days 8.333333e-4 hours 4.960317e-6 weeks 1.1415e-6 months either before or after an employees regular hours of work, the employee will be authorized an amount of excused absence which will permit them to report for work up to 3 hours3.472222e-5 days 8.333333e-4 hours 4.960317e-6 weeks 1.1415e-6 months after the polls open or leave work up to 3 hours3.472222e-5 days 8.333333e-4 hours 4.960317e-6 weeks 1.1415e-6 months before the polls close, whichever requires the lesser amount of time off.

16.5 AGENCY SPONSORED BLOOD DONATION Absent an interference with Agency work, an employee will be excused for absence in order to donate blood for a maximum of 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months without charge to leave. This period of time should cover the time spent in donating the blood and the period of recuperation which follows the donation and may be extended as the situation warrants.

16.6 TARDINESS AND BRIEF ABSENCES DURING THE WORKDAY 16.6.1 Occasional tardiness of one hour or less beyond the employees normal starting time or beyond the time that the employee would normally report back from their lunch break or period of approved absence may be excused by the supervisor based upon acceptable circumstances.

When tardiness is not excused, the supervisor shall permit the employee to glide, take appropriate leave, and/

or make up the period of absence by working later on the same workday they were tardy or on another day in that pay period, to the extent allowable under the employees work schedule.

16.6.2 This section does not apply to an employee to whom a leave restriction letter has been issued. This sec-tion does not waive managements right to charge Absent Without Leave (AWOL) and/or take disciplinary action regarding tardiness when an employees timely presence is required due to a regular or specific assignment, duty, or responsibility or their tardiness is considered beyond occasional. If the employees request to make up a period of tardiness is denied, they will be notified before the Agency charges the employee as being AWOL.

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NRC/NTEU Collective Bargaining Agreement Article 16 Other Leave Provisions and Excused Absences 16.7 MEDICAL-RELATED ABSENCES An employee may receive excused absence when they receive medical attention at an NRC medical facility, undergo a medical examination requested by NRC, receive vaccinations or immunizations required for em-ployment, or participate in a voluntary medical examination program established by the NRC or under NRC auspices (including preventive health screenings, vaccinations, and immunizations). An employee injured in the line of duty may be authorized excused absence for the time spent in examination or outpatient treatment immediately following the injury.

16.8 PARTICIPATION IN CIVIL DEFENSE ACTIVITIES An employee participating in activities in connection with civil defense program responsibilities may be autho-rized excused absence for the time required.

A full-time employee who volunteers and is selected for a civil defense assignment may be made available for participation in pre-emergency training and test exercises conducted in connection with State or local civil defense programs. An employee who participates in these activities during the regularly scheduled tour of duty may be authorized excused absence of not more than 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months in any calendar year. An employee may be designated as available for assignment to civil defense activities subject to all of the following determinations:

Employees participation has been requested by the State or local civil defense authorities

Employee can be spared from regular duties for the required periods of participation

Employee can reasonably be expected to be available for assignment to civil defense activities in the event of an emergency Upon return to duty, the employee is required to submit a copy of the written statement from the State or local civil defense authorities showing the days or hours of participation with the request in HRMS.

16.9 NRC JOB PLACEMENT INTERVIEWS AND EXAMINATIONS An employee may be authorized excused absence for the period of time necessary to take a job placement interview or written examination related to employment with the NRC.

An employee may be authorized up to 3 days of excused absence for the actual time required to take an examination for a professional or technical certification that would be in the NRCs interest. An employee also may be authorized excused absence to attend to matters that are prerequisite to receiving such a professional or technical certification (e.g., swearing-in ceremonies or personal interviews before a professional licensing committee). For excused absences that exceed 1 day, the employee is required to submit a memorandum to the Chief Human Capital Officer requesting approval for the additional days. A copy of the approval should be added into HRMS with the request. Examples of such examinations include, but are not limited to, the Certified Public Accountant examinations and the State and Federal bar examinations.

16.10 TRAVEL TO SEEK PERMANENT RESIDENCE QUARTERS.

An employee authorized to travel between old and new official duty stations to seek permanent residence quarters may be authorized excused absence during the round-trip period of absence.

16.11 ABSENCES ASSOCIATED WITH A MOVE (UP TO 40 HOURS)

An employee may be granted up to 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months of excused absence to prepare for and attend to business or arrangements directly related to a permanent change of duty station move outside the commuting area from one position in the NRC to another, provided that such business or arrangements cannot be transacted outside the employees regular working hours. These activities may include, but are not limited to, packing or unpack-ing household goods, meeting the moving van during pickup and delivery, selling or buying a home or renting an apartment, obtaining a drivers license or automobile tags in a new State, making arrangements for utility 54

Article 16 Other Leave Provisions and Excused Absences NRC/NTEU Collective Bargaining Agreement hookups, and making arrangements with new schools. To be eligible for these absences, the move must have been determined to be for the benefit of the Federal Government.

16.12 EMPLOYEES RETURNING FROM ACTIVE MILITARY DUTY (UP TO 5 CONSECUTIVE DAYS)

An NRC employee is entitled to 5 consecutive days of excused absence after returning from active military duty each time they return from a deployment upon notice of the intent to return to Federal civilian employment within a 12-month period. This time will be prorated for a part-time employee or an employee on an uncommon tour of duty. To be eligible for this time, the following conditions must apply:

y The employee was called to active duty in support of the Overseas Contingency Operations (deployed either overseas or stateside);

y The employee returns from at least 42 consecutive days of active military service; and y Excused absence must be granted as soon as an eligible employee reports back for Feder-al civilian duty or notifies the NRC of their intent to return to civilian duty. If, for any reason, the employee was not granted the 5 days of excused absence upon return, the employee should be granted the 5 days of excused absence at a time mutually agreeable to the em-ployee and the Agency.

y At the end of the 5 days of excused absence, the employee is obligated to report to work.

16.13 ARMED FORCES OR FEDERAL LAW ENFORCEMENT OFFICER FUNERALS 16.13.1 Up to 3 workdays of funeral leave shall be granted to allow an employee to make arrange-ments for, or to attend, the funeral or memorial service for an immediate relative who died as the result of wound, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone. If the employee provides satisfactory reasons to the leave approving official, the 3 workdays do not need to be consecutive. (See 5 CFR Part 630, Subpart H for additional details.)

16.13.2 A Federal law enforcement officer may be granted excused absence to attend the funeral of a fellow Federal law enforcement officer who was killed in the line of duty.

16.13.3 A veteran of a war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be granted excused absence for up to 4 hours4.62963e-5 days 0.00111 hours 6.613757e-6 weeks 1.522e-6 months to serve as a pallbearer, member of a fir-ing squad, or guard of honor in a funeral ceremony for a member of the Armed Forces whose remains are returned from abroad.

16.14 VOLUNTEER ACTIVITIES DIRECTLY RELATED TO THE NRCS MISSION OR IN THE NRCS INTEREST 16.14.1 For volunteer activities directly related to the NRCs mission or in the NRCs interest (such as explaining NRCs functions to a school group). supervisors may grant an employee a limited amount of excused absence for occasional brief periods of time to participate in the volunteer activity.

16.14.2 An employee must use their own time to participate in volunteer activities that are not directly related to the NRCs mission (such as tutoring or school events).

16.14.3 To the extent practical and consistent with the efficient and effective accomplishment of work requirements and agency operations, supervisors are encouraged to use currently available workplace flexibilities to facilitate employees participation in volunteer activities such as work schedule adjustments under compressed or NEWFlex work schedules, or grant leave re-quests, including annual leave, LWOP, the use of earned credit hours, or the use of compen-satory time off or special compensatory time off for travel that the employee has earned.

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NRC/NTEU Collective Bargaining Agreement Article 16 Other Leave Provisions and Excused Absences 16.15 ADMINISTRATIVE LEAVE ACT OF 2016 The parties recognize that there are limitations on administrative leave contained in 5 U.S.C. § 6329a, includ-ing a limit of 80 hours9.259259e-4 days 0.0222 hours 1.322751e-4 weeks 3.044e-5 months per calendar year for full time employees and pro-rated equivalent limitations for part-time employees.

16.16 LEAVE USE INCREMENTS All annual leave, sick leave, leave without pay, and restored leave will be charged in increments of no greater than 15 minutes.

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Article 17 Merit Selection Procedures NRC/NTEU Collective Bargaining Agreement Article 17 Merit Selection Procedures 17.1 PURPOSE It is the purpose of this Article to provide a fair and equitable process for filling positions through competitive procedures based upon merit, and to ensure the selection of the best qualified candidates for vacant positions.

The parties agree that the selection and advancement of employees should be determined solely on the basis of relative ability, knowledge, skills, and worker characteristics after fair and open competition which assures that all employees receive equal opportunity. Actions taken under this Article shall be made without regard to race, color, sex, national origin, marital status, age, religion, sexual orientation, gender identity, gender expres-sion, genetic information, labor organization affiliation or non-affiliation, or non-disqualifying disability, and shall be based solely on job-related criteria. The Agency has the right to fill vacant positions by recruiting eligible candidates through the announcement of such vacancies within the Agency or by recruiting from any appropri-ate source. Consistent with the provisions of this Article, bargaining unit employees will be given the opportuni-ty to apply for vacant positions and given simultaneous consideration with any outside applicant(s).

17.2 COVERAGE Except as provided under Section 17.3 below, the competitive procedures set forth in this Article apply to all promotions and other placement actions to bargaining unit positions, including:

17.2.1 Time-limited promotions or details for more than 120 calendar days to higher graded positions or to a position with higher promotion potential than the position an employee currently holds or previously held on a permanent basis (prior service during the preceding 12 months under non-competitive temporary promotions and non-competitive details to higher graded positions counts toward the 120 days). A temporary promotion may be made permanent without further competition provided the temporary promotion was originally made under competitive pro-cedures and the fact that it might lead to a permanent promotion was included in the original vacancy announcement.

17.2.2 Selection for training, which is part of an authorized training agreement, part of a promotion program, or required before an employee may be considered for a promotion.

17.2.3 Promotion, reassignment, transfer, reinstatement, demotion or detail to a position with more promotion potential than the highest potential of a position currently or previously held on a permanent basis (except as permitted by reduction-in-force regulations).

17.3 EXCLUSIONS This Article will not apply to non-bargaining unit positions. This Article will also not apply to the following:

17.3.1 A promotion resulting from the upgrading of a position without significant change in the duties or responsibilities due to issuance of a new classification standard or due to the correction of an initial classification error; 17.3.2 A position change permitted by reduction-in-force procedures; 17.3.3 A career ladder promotion; 17.3.4 A promotion resulting from an employees position being reclassified at a higher grade be-cause of additional duties and responsibilities; in the event a promotion is granted under this exclusion provision, the NRC shall document the duties and responsibilities per Article 21, Position Descriptions. A non-competitive promotion may be made if all the following conditions 57

NRC/NTEU Collective Bargaining Agreement Article 17 Merit Selection Procedures are met:

17.3.4.1 the employee continues to perform the same basic functions; 17.3.4.2 the major duties of the position are absorbed into the new position; 17.3.4.3 the new position has no known further promotion potential; 17.3.4.4 no other positions within the organizational unit are adversely affected; 17.3.4.5 the positions higher grade is not based solely on the addition of supervisory du-ties to a non-supervisory position; and 17.3.4.6 the employee has been performing the higher level duties for a sufficient period of time to determine that the responsibilities are ongoing and permanent.

17.3.5 A temporary promotion, or detail (including a rotational assignment) of 120 calendar days or less to a higher grade position or a position with higher promotion potential than the highest potential of a position an employee currently holds or previously held on a permanent basis.

Prior service during the preceding 12 months under non-competitive time-limited promotions and non-competitive details to higher graded positions counts toward the 120-day total.

17.3.6 In accordance with law and regulation, promotion to a grade previously held on a permanent basis from which an employee was separated or demoted for other than performance or con-duct reasons.

17.3.7 Promotion, reassignment, demotion, transfer, reinstatement, or detail of a bargaining unit em-ployee to a position having promotion potential no greater than the potential of a position an employee currently holds or previously held on a permanent basis and did not lose because of performance or conduct reasons.

17.3.8 Consideration of a candidate not given proper consideration in a competitive promotion action, in accordance with Section 17.19, below (Priority Consideration).

17.3.9 In accordance with law and government-wide regulation, appointment or conversion un-der non-competitive appointing authorities; e.g., NRC Direct Hire Authority, NRC Student Cooperative Education Program, Veterans Appointment Programs, or special programs for the appointment of those with intellectual, or psychiatric disabilities or severely disabled individuals.

17.4 EMPLOYEE CONSIDERATION 17.4.1 The area of consideration is the area in which an active search of candidates is made. The minimum area of consideration is that area in which it can be reasonably expected that a suf-ficient number of qualified employees will be located. When bargaining unit positions are filled under the provisions of this Article, the minimum area of consideration is normally Agency-wide; however, in unusual circumstances caused by factors outside the Agencys control which significantly impact budget or staffing levels, the area of consideration may be restricted to an Office if it is determined that a sufficient number of qualified applicants will be found with-in the area of consideration. The Agency will notify the Union prior to the announcement of any vacancy where the area of consideration is less than Agency-wide.

17.4.2 When filling a bargaining unit position (other than through one of the means covered by the exclusions identified in 17.3, above), NRC employees (both bargaining unit and non-bargain-ing unit) within the area of consideration may apply and receive simultaneous consideration with any outside applicant(s). Those who apply will be considered if otherwise eligible (e.g.,

the application is complete and is received by the closing date, the applicant has status if the advertised position is permanent and open only to status candidates, etc.) NRC employees will be processed according to the provisions of Article 17.

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Article 17 Merit Selection Procedures NRC/NTEU Collective Bargaining Agreement 17.5 VACANCY ANNOUNCEMENT POSTING Vacancy announcements will be posted for a minimum of ten calendar days: once posted, the closing date will not be changed to an earlier date. Applications will not be accepted after the closing date.

17.6 VACANCY ANNOUNCEMENT CONTENT 17.6.1 All bargaining unit employees will be notified where announcements for competitive merit promotions can be accessed. The notification will provide instructions on how to obtain the announcement via the internet. The vacancy announcement will contain the following informa-tion, to the extent that such information is available:

17.6.1.1 announcement number; 17.6.1.2 opening and closing dates (if an open until filled announcement, this shall be indicated);

17.6.1.3 the title, occupational series, grade, organization and location of the position; 17.6.1.4 promotion potential for the position (i.e., career ladder);

17.6.1.5 hourly or annual salary range; 17.6.1.6 area of consideration; 17.6.1.7 a brief description of the duties and responsibilities of the position and an indica-tion where additional information may be obtained; 17.6.1.8 whether the position is a full- or part-time position; 17.6.1.9 minimum qualifications necessary, including selective placement factors (if any);

17.6.1.10 significant working conditions; 17.6.1.11 procedures for applying and where to submit applications; 17.6.1.12 statement of equal employment opportunity; 17.6.1.13 number of positions expected to be filled (a change in the number of positions available will not necessitate an amendment to the announcement);

17.6.1.14 the rating and quality ranking factors for the position and, if certain rating or ranking factors are more important than others, they will be so identified, and assigned a multiple weight;.

17.6.1.15 bargaining unit status; 17.6.1.16 name of immediate supervisor; 17.6.1.17 whether relocation expenses are authorized; 17.6.1.18 for multiple grade vacancies, a statement that applicants should specify the grade level(s) for which they wish to be considered; 17.6.1.19 statement that the resulting list of eligible candidates may be used by one or more hiring officials within the Agency/area of consideration. However, if the vacancy announcement is posted and the Agency later adds a geographical location to the announcement, the Agency will amend the announcement and repost it.

17.6.2 Open until filled announcements will be used for hard to fill positions, multiple vacancies, or positions for which there is an ongoing need to seek applicants.

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NRC/NTEU Collective Bargaining Agreement Article 17 Merit Selection Procedures 17.7 APPLICATION SUBMISSIONS Any employee who wishes to be considered for a vacancy that has been announced must electronically apply for that vacancy by using USAJOBS. The application must include:

17.7.1 a resume; 17.7.2 a response to the vacancy questions addressing the applicants experience and qualifications relative to each of the vacancy questions (i.e., rating factors) listed in the announcement for the position; 17.7.3 most recent available rating of record; 17.7.4 for positions advertised at multiple grade levels, employees may request consideration at any or all of the grade levels for which they are qualified; failure to specify would result in consider-ation only at the highest grade qualified; and 17.7.5 any other information required by the vacancy announcement.

17.7.6 An employee may reference additional relevant information as evidence of their qualifications for a position in the narrative statement prepared for each vacancy question (rating factor) or in the resume portion of the application. If the Agency has not issued an official rating of record, the application is complete without one. An incomplete application will not be consid-ered. Since rating panels and officials are prohibited from considering information about any applicant which is not included in the application package, the parties agree that it is in an applicants interest to prepare a well-documented application.

17.7.7 The employee must apply by the closing date stated in the vacancy announcement.

17.8 MINIMUM QUALIFICATIONS HR Specialists or subject matter experts, as appropriate, will determine whether candidates meet the mini-mum qualification requirements, including any selective placement factors, which become part of the minimum qualifications. The NRC will apply minimum qualifications requirements in a fair and equitable manner. When an employee does not meet the minimum qualification requirements, the HR Specialist will notify and give the reason to the employee prior to the time that the rating process is completed.

17.9 CREDITING PLANS 17.9.1 When rating occurs, NRC will use tailored or generic crediting plans for all vacancies. The crediting plan is used to assess the candidates qualifications and distinguish between rating factor grades/levels (A = most qualified, B = highly qualified, and C = qualified). The crediting plan shall reflect how the knowledge, skills, and abilities of applicants are evaluated in relation to the rating factors that are identified for the position.

17.9.2 The rating panel may recommend to the Human Resources Specialist that the crediting plan be adjusted for reevaluation of the candidates if the panel deems it appropriate.

17.9.3 Employees may request to view (but not retain a copy, or duplicate) the crediting plan after the selection process is completed. Such a request must be made to the appropriate Human Resources Specialist.

17.10 CONSIDERATION OF TRAINING AND AWARDS In arriving at letter grades for various rating factors, rating officials and rating panels shall consider any relevant training and awards granted to individual applicants, provided this information is fully documented in the pack-age submitted by the applicant for the position.

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Article 17 Merit Selection Procedures NRC/NTEU Collective Bargaining Agreement 17.11 RATING PROCESS AND SCORES 17.11.1 The rating factors (referred to as vacancy questions) are the job-related knowledges, skills and abilities, and worker characteristics which are the criteria against which candidates are evaluated in order to make quality distinctions among qualified candidates. The rating factors are used to predict the probable effectiveness of the candidates future performance in the vacant position.

17.11.2 In developing rating factors, the specific knowledge, skills, and abilities shall be identified from position descriptions, the supervisors knowledge of the job, subject matter experts (including current incumbents of the position) and other relevant sources, such as the OPM Qualification Standards Handbook and Management Directive 10.24 (formerly NRC 4130). To the extent possible, each rating factor will be described in terms of observable and measurable criteria.

Additionally, the NRC agrees to identify any rating factor changes pursuant to a reposting of a vacancy announcement.

17.11.3 As an alternative to traditional rating factors, NRC may develop vacancy questions that allow for automated rating. The Agency will provide notice and the opportunity to bargain in ac-cordance with Article 42, Mid-Term Bargaining, prior to implementing any automated rating system.

17.11.4 The NRC shall use a system to rate the candidates when there are seven or more qualified applicants for the position. A rating panel consisting of at least two members will be used for all promotion actions involving more than ten applicants. For promotion actions involving 7- 10 applicants, a single rating official may be used. A representative of OCHCO will be available to provide advice and assistance to the rating official or the rating panel. The rating official or at least one panel member must have knowledge of the position being filled. The rating official or all panel members will hold positions at or above the full performance level of the vacant position.

17.11.5 Evaluations to determine the best qualified applicants will be based solely on the evaluation criteria established by the Agency for competitive merit promotion, and will be based on the application materials provided by the applicants.

17.11.6 In the rating process, NRC will evaluate all information requested as part of the application from each qualified applicant against each rating factor by applying the following grades:

A, or Most Qualified - Information shows that the candidates qualifications substan-tially exceed the requirements for the relevant rating factor. Such a grade indicates the candidate, with respect to that factor, has the potential to perform in an outstanding manner or to be exceptionally effective in the position.

B, or Highly Qualified - Information shows that the candidates qualifications exceed the requirements for the relevant rating factor but are not outstanding. Such a grade indicates the candidate, with respect to that factor, will be very effective in the position.

C, or Qualified - Information shows that the candidates qualifications meet, but do not exceed, the requirements for the relevant factor. Such a grade indicates the can-didate, with respect to that factor, will be reasonably effective in the position.

17.11.7 The rating official or rating panel will convert the assigned grades to the following system of numbers which shall be consistently applied to the grades of all candidates. If any rating fac-tors were identified as more important than others, a multiplier will be assigned to the weight-ed factors and applied on a consistent basis to the grades of all candidates. Grades A, B and C will be converted to numbers 3, 2, and 1 respectively. Weighted factors may be assigned 61

NRC/NTEU Collective Bargaining Agreement Article 17 Merit Selection Procedures multipliers of 2 or more. Total grade scores will be computed by the use of such numbers and multipliers. Each candidates total grade score will be divided by the total number of factors plus any additional multipliers. Each rating panel members score for each factor will be aver-aged to determine the candidates score for that factor, which will, in turn, determine each can-didates total grade score. Category ratings will be determined by converting the total grade score back to a grade of A, B or C, with scores of 2.5 - 3.0 = A, 1.5 - 2.4 = B, and 1.0 - 1.4 =

C. A meeting of rating panel members is not required to determine the total grade score.

17.11.8 Evaluations and ratings to determine the applicants to be referred on the selection certificate will be based solely on the specified evaluation criteria and the application materials submitted by the applicants.

17.11.9 The panel will assign a final ranking of A, B, or C to each competing applicant (based on converting the average final score back to a letter grade). Within each category, applicants are considered to be equivalently qualified, thereby providing the selecting official the broadest possible choice of candidates. The panel will not rank applicants within the category. Final evaluation rankings will be based solely on requested application documents and applicant interviews, if conducted.

17.11.8 Interviews During the Rating Process If, after completing the above rating process, the rating panel or official wishes to interview candidates, all candidates having a pre-interview score of no more than 1.0 below the top can-didate must be interviewed. If interviews are conducted, all candidates who are interviewed should be asked similar questions. This does not preclude the rating panel or rating officials from asking questions that are unique to the individuals background and qualifications. If any additional qualified applicants are to be interviewed, then all qualified applicants will be giv-en the opportunity to be interviewed. If, as a result of such interviews, applicant ratings are changed, a written record will be made of all such changes and will become part of the individ-uals application package.

17.12 CERTIFICATION RECORD (CERT)

In the event that no candidate possesses priority consideration rights, candidates who are required to compete for a vacant position will be certified in the highest qualifications category for selection. Candi-dates in the highest qualifications category (typically A) will be considered first. Candidates in a lower category (e.g., B), cannot be certified for selection or considered if candidates are available in a high-er category. Additionally, if there are six or fewer competitive eligible applicants, per advertised grade level, all may be referred without rating and ranking.

17.12.1 At the conclusion of the rating process, the HR Specialist will prepare a Candidate Evalua-tion Certification and Selection Record and certify the authenticity of the ratings. This certi-fication will attest that the rating official or rating panel had complied with the procedures set forth in this Article. The names of rating panel members will be identified on the Candidate Evaluation Certification and Selection Record.

17.12.2 The HR Specialist will also ensure that the best qualified list is created in accordance with Section 17.13 below.

17.12.3 Upon completion of such review, the record will be sent to the selecting official along with the application package submitted by each referred candidate. The selecting official shall not receive the numerical ratings for any specific candidate on the best qualified list.

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Article 17 Merit Selection Procedures NRC/NTEU Collective Bargaining Agreement 17.13 SELECTION CERTIFICATE/BEST QUALIFIED LIST (BQL) 17.13.1 The applicants names shall be given to the selecting official in alphabetical order. The applica-tion materials of the referred applicants will be sent with the selection certificate. If the posting was for more than one grade, separate lists will be issued for each grade on the selection certificate. If there are six or fewer competitive eligible candidates for a vacancy at a particular advertised grade level, all of those candidates will be referred to the selecting official in alpha-betical order. In addition, qualified non-competitive eligible candidates will be referred to the selecting official in alphabetical order on a non-competitive referral list or as a separate list on a consolidated selection certificate.

17.13.2 Eligible employee candidates referred to the selecting official will be given simultaneous con-sideration with eligible outside candidates. The names of eligible outside candidates will be referred in accordance with the provisions of Management Directive 10.1 and related Yellow Announcements. Except as required by law, any outside candidates referred to the select-ing official must be at least as well qualified (in terms of qualifications category rating) as the bargaining unit applicants on the best qualified list; however, when outside candidates are not rated, eligible employee candidates will be given first consideration by the selecting official pri-or to receiving and considering the list of unrated eligible outside candidates. When requesting the list of unrated eligible outside candidates, the selecting official will describe, in writing, the consideration given to eligible employee candidates. An alleged failure to provide first consid-eration to an employee under this provision will be subject to the negotiated grievance proce-dure under Article 46.

17.13.3 Any list of eligible employee or outside candidates provided to the selecting official will include documentation of the date the CERT was provided.

17.13.4 An active best qualified list may be used for a period of 90 days, unless extended, to fill addi-tional identical positions within the Agency.

17.13.5 If the selecting official believes that a reposting is necessary due to an insufficient number of candidates referred, the selecting official must review the application package(s) of those can-didates referred before ordering the reposting.

17.14 INTERVIEWS DURING THE SELECTION PROCESS If a selecting official wishes to conduct interviews, all competitive employees on the selection certificate must be interviewed by that selecting official. If interviews are conducted, all candidates who are interviewed should be asked similar questions. This does not preclude the selecting official from asking questions that are unique to the individuals background and qualifications.

17.15 EFFECTIVE DATE OF COMPETITIVE PROMOTIONS AND REASSIGNMENTS 17.15.1 If practicable, an employee who has been selected for a competitive promotion will have their promotion become effective no later than one complete pay period following their selection or the date when the position is vacated if the selection was made in advance of the position being available. Promotions involving a change of duty station will be made effective on the date the employee reports to and begins work at the new duty station (generally on a Sunday at the beginning of a pay period). Employees who are selected for a permanent position at that location will be given ten calendar days from the date the offer is received to accept the permanent position and will be informed of the impact of such acceptance on their reimburse-ment for temporary travel expenses as well as any impact of delaying acceptance.

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NRC/NTEU Collective Bargaining Agreement Article 17 Merit Selection Procedures 17.15.2 An employee selected for a reassignment or a voluntary change to lower grade with pro-motion potential that does not exceed the selectees current position will normally have the action effective a minimum of two full pay periods following their selection. A release may be delayed based on workload consideration if agreed to between the employing and acquiring organizations.

17.16 NOTIFICATION OF UNSUCCESSFUL CANDIDATES Applicants who are rated not eligible for the position or who are eligible but not referred on the selection certif-icate(s) will be notified after the determination has been made. Employees identified by the NRC as not qual-ified for a vacancy are entitled to seek an explanation of why they are not qualified. Employees may request feedback from rating officials/rating panel chair as to their ratings under a specific vacancy announcement.

Such requests should be submitted to the appropriate HR Specialist identified on the vacancy announcement (or their designee).

Applicants referred on the selection certificate(s) but not selected will be notified within 30 calendar days of the selection being accepted. The notice will indicate that the applicant was in the group from which the selection was made and state the name of the person selected for the position.

17.17 RETROACTIVE PAY Employees are entitled to retroactive pay in connection with improper personnel actions where specifically provided for in law and regulations.

17.18 UNION ACCESS TO VACANCY/PROMOTION FILE After completion of the selection process, and upon Union request, the NRC will provide the Union a copy of the complete promotional file, subject to the requirements of law and pursuant to Article 43, Access to Person-nel Records, as part of an investigation into or a grievance concerning the selection process of that particular vacancy. Such requests should be directed to the Chief, Policy, Labor and Employee Relations Branch.

17.19 PRIORITY CONSIDERATION 17.19.1 Priority consideration will be given to an employee to redress any error in the rating process which resulted in that employees name being improperly excluded from the selection cer-tificate for consideration by the selecting official where such consideration occurred. Priority consideration may only be granted to employees who seek or accept such redress under the grievance procedure contained in this Agreement. An employee granted priority consideration may indicate positions for which they qualify for which they would agree to exercise their prior-ity consideration right.

17.19.2 Priority consideration means that the employee whose name was erroneously omitted from the selection certificate will have the employees name placed alone on a promotion certificate for the next appropriate vacancy and submitted to the selecting official prior to posting the vacancy. An appropriate vacancy is one at the same grade level, in the same commuting area of original position, having comparable promotion opportunity as the position for which the employee did not receive proper consideration, a position for which the employee is qualified, with the same bargaining unit status, and for which the employee agrees to exercise their priority consideration right. The employee may, at the employees option, be considered for a comparable position of lower promotion potential.

17.19.3 Priority consideration holders shall be granted a maximum of five calendar days, beginning with the date of notification, to exercise their priority consideration right. Extensions to this 5 day period may be granted, as appropriate. During these 5 days the employee may request a copy of the position description and rating factors (if available). Further, employees may seek information about the position from the selecting official before electing to use their priority consideration.

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Article 17 Merit Selection Procedures NRC/NTEU Collective Bargaining Agreement If a priority consideration holder exercises their priority consideration right, the selecting official will be required to interview the priority consideration holder unless extenuating circumstances prevent such an interview. If the employee who has been given priority consideration is not selected, the selecting official will prepare a written justification for the employee.

17.19.4 If the priority consideration holder chooses not to exercise their priority consideration right on the first occasion it is offered, they must exercise the right on the next occasion or the priority consideration will have expired.

17.19.5 In the event that more than one employee is entitled to priority consideration for the same vacancy, the employee whose priority consideration rights are senior (the employee who first received priority consideration rights) will be offered priority consideration first. If the senior priority consideration holder declines to exercise their priority consideration rights for a given vacancy, or is not selected for the position, priority consideration will then be offered to the next senior priority consideration holder eligible for the position. In the event that two employ-ees or more acquire priority consideration rights on the same date, the seniority issue shall be decided on the basis of length of NRC service.

17.19.6 The Agency will furnish NTEU, upon request, a list of bargaining unit priority consideration holders and the grade and type of position(s) for which priority consideration has been granted.

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Article 18 Noncompetitive Promotions NRC/NTEU Collective Bargaining Agreement Article 18 Noncompetitive Promotions 18.1 DEFINITION 18.1.1 A noncompetitive career promotion position is defined as a position which may be filled at a grade level below the full performance grade level and which is structured to allow the incum-bent to rise to the full performance grade level for the position. The full performance grade level of any position (journeyman level) is a classification decision to be made by the NRC alone. Initial appointment to such a position must be based on competitive selection proce-dures and the full performance level must be clearly identified and publicized at the time of competition (normally in the vacancy announcement). Subsequent promotions to the next appropriate higher grade level (in the respective occupation series) up to and including the full performance grade level are excepted from competition. A noncompetitive career promotion is not automatic; no employee is guaranteed such a noncompetitive career promotion. All non-competitive career promotions will be processed in a fair and equitable manner.

18.1.2 An employee may also receive a noncompetitive promotion through an accretion of duties.

The Agency will provide the Union notice within 30 calendar days when any employee has received a noncompetitive promotion based on an accretion of duties.

18.2 BASIS Noncompetitive career promotion determinations shall be based on the following factors:

18.2.1 whether, based upon the employees most recent rating of record and the employees perfor-mance since the date of the appraisal, the employee has demonstrated the ability to perform at the next higher grade level; 18.2.2 whether there is sufficient work to be performed at the next higher grade level; 18.2.3 whether the employee meets the qualifications for the position at the next higher grade; 18.2.4 whether funds are available to pay the additional personnel expenses incurredas a result of such a promotion; and 18.2.5 completion of the NRC one-year time-in-grade requirement.

18.3 DETERMINATION NOT TO PROMOTE A written explanation of any determination not to promote shall be given to the employee within 10 workdays of the date such determination is made unless the employee requests that such determination not be made in writing. When the employee has not demonstrated the ability to perform at the next higher grade level, the employee may request a counseling discussion as to how to demonstrate such ability. A determination not to promote shall not be referred to in any subsequent appraisal of the employees performance. Incumbents who are not promoted will be reconsidered for promotion at 3 month intervals if they occupy GG-2 through GG-5 positions and at 6 months intervals if they occupy GG-6 through GG-14 positions.

If the Agency believes that an employees misconduct which resulted in a suspension within the year preced-ing the eligibility date of a career ladder promotion affects their qualifications for the position at the next higher grade level, the notice of proposed disciplinary or adverse action based on such misconduct will notify the employee that the misconduct may result in denial of the employees next career ladder promotion.

18.4 GRIEVANCES An employee may grieve an adverse determination under this Article.

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NRC/NTEU Collective Bargaining Agreement Article 18 Noncompetitive Promotions 18.5 NOTICE OF PROMOTION POTENTIAL The noncompetitive career promotion potential for newly established bargaining unit positions within the NRC will be identified on the vacancy announcement at the time the position is posted.

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Article 19 Details and Rotational Assignments NRC/NTEU Collective Bargaining Agreement Article 19 Details and Rotational Assignments 19.1 DETAILS A detail is the authorized temporary assignment of an employee to another position, normally at the same grade, or to other duties for a specified time period, with the employee scheduled to return to their regular duties at the end of the detail.

19.2 TEMPORARY PROMOTIONS The NRC agrees that an employee who is detailed or assigned to a bargaining unit position of higher grade for more than two consecutive complete pay periods, and meets the minimum qualifications for that position, will be temporarily promoted to that position and receive the rate of pay for that position to which they are temporarily promoted, to the extent permitted by applicable Government-wide regulations and decisions of the Comptroller General. The effective date of this temporary promotion will be the beginning of the first full pay period of the detail.

Rotational assignments are intended to be primarily developmental. Work that is performed under closer than normal supervision, or assigned solely for the purpose of training an employee for higher level work, cannot be considered paramount for grade level purposes. In these circumstances, employees on developmental rota-tional assignments would not be eligible for a temporary promotion.

19.3 RETURN FROM DETAIL OR ROTATIONAL ASSIGNMENT The NRC will inform the employee returning from a detail or rotational assignment of any changes in work requirements of the position from which the person was detailed or assigned.

Employees will receive an evaluation of their performance on a detail or rotational assignment in accordance with Article 25.14.

19.4 WORK ASSIGNMENTS DURING A DETAIL OR ROTATIONAL ASSIGNMENT Employees on a detail or rotational assignment to or from a bargaining unit position will be relieved of responsi-bility for work of the position from which they were detailed or assigned to the extent practicable and consistent with the extent of the duties of the detail. The employee will prepare a written description of the work on which they have been engaged in prior to the detail or rotational assignment, specifically identifying actions which require attention if responsibilities for such work will be assigned to another employee.

19.5 NOTICE If a unit employee is detailed for any reason, or participates in a rotational assignment, they must be provided notice as soon as practicable of the detail or rotational assignment which, at a minimum, informs the employ-ee of the new organization, supervisor, and length of any detail or rotational assignment. An employee will be informed of any determination to extend a detail or rotational assignment as soon as possible, with the revised ending date. Upon request by the employee, the notice shall be in writing. In addition, for a detail which ex-tends beyond 30 calendar days, an official personnel action will be prepared by the Office of Human Resourc-es and given to the employee as soon as practicable.

19.6 WORKSTATION CHANGES For details or rotational assignments of less than 90 calendar days, an employee will not normally be required to give up their assigned workspace, although the employee may be required to work at a different location or workspace. When an employee is required to work at a new location, Article 35, Moves and Office Work Space Changes, will be followed as applicable.

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NRC/NTEU Collective Bargaining Agreement Article 19 Details and Rotational Assignments 19.7 ROTATIONAL ASSIGNMENT PROGRAM 19.7.1 Introduction It is the policy of NRC to broaden staff capabilities through the use of rotational assignments.

Rotational assignments are generally short term lateral assignments of employees to other functions and components within the Agency. The purpose of rotational assignments is to develop greater overall capability and versatility within the staff in order to better accomplish the mission of the agency. Such assignments are designed to develop employee skills, foster a greater understanding of NRC programs, develop greater cohesion and cooperation among the staff, and provide employees with broader experiences and new challenges.

Although rotational assignments directly benefit participating employees, it should be empha-sized that the operating needs of NRC and its organizational components are of paramount concern when effecting rotational assignments. For this reason, final approval of a rotational assignment requires the concurrence of appropriate managers in the office to which the em-ployee is permanently assigned. Although no NRC employee is entitled to a rotational assign-ment, managers and supervisors should fully utilize the rotational assignment process in order to develop staff knowledge, skills, and abilities.

All NRC Offices and Regions can participate in the rotational process. All NRC employees can participate in rotational assignments, except for employees serving under temporary appoint-ments. An employee may be rotated to a vacant position or to an unclassified set of duties. No vacancy announcement or vacant position is required for a rotational assignment to be devel-oped. The normal duration of a rotational assignment is 3 to 6 months.

19.7.2 Participating in the Rotational Process Consideration for a rotational assignment can develop in several ways:

19.7.2.1 Employees may indicate their interest by contacting their ser- vicing Human Resources Specialist and providing a completed Rotational Assignment Application (NRC Form 711). Employees should discuss their interest with their supervisors and, as ap- propriate, include such interests in their Individual Development Plans.

19.7.2.2 With the current supervisors approval, an employee may also identify and dis-cuss a potential rotational assignment directly with a management official of another organization.

19.7.2.3 Supervisors may identify employees believed well suited for ro- tational assign-ments to or from their organizations. Appropriate supervisory approval is needed for consideration for all rotational assignments.

19.7.3 Identifying Rotational Assignments 19.7.3.1 Supervisors or managers having rotational opportunities may submit a Rotational Assignment Opportunity Notice to the appro- priate Human Resources or Regional personnel Office represen- tatives. The notice should describe the as-signment, qualifications desired, length of rotation, etc.

19.7.3.2 The Office of Human Resources and the Chief, Human Re- sources Services and Operations, along with Human Resources Service Center and Regional Personnel Office representatives, will compare rotational opportunities with employees Rotational Assignment Applications. The Applications which poten-tially match rotational opportunities will be forwarded to the Office(s) or Region(s) 70

Article 19 Details and Rotational Assignments NRC/NTEU Collective Bargaining Agreement in which the opportunities are available. Offices and Regions will follow up with supervisors and employees as appropriate. An agreement between the losing and gaining orga- nizations must be reached before the employee is notified that a rotational assignment will be effected.

19.7.3.3 At their discretion, supervisors may interview employees inter- ested in a rotation-al assignment when ready to fill the rotational opportunity. Telephone interviews are acceptable. There is no requirement for any or all interested employees to be interviewed.

19.7.3.4 The Office of Human Resources, Chief, Human Resources Ser- vice and Operations, will routinely provide copies of Rotational Assignment Applications to Offices and Regions for their consid- eration in developing rotational opportunities.

19.7.4 Implementing Rotational Assignments 19.7.4.1 Agency travel and per diem regulations apply to employees par- ticipating in rota-tional assignments away from their regular duty station.

19.7.4.2 concerning rotational assignments should contact their Human Resources Service Center or Regional Personnel Office repre- sentatives.

19.7.4.3 An employee seeking a rotational assignment may request that their supervisor post an opportunity for a replacement while they participate on a rotational as-signment elsewhere.

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Article 20 Reassignments NRC/NTEU Collective Bargaining Agreement Article 20 Reassignments 20.1 DEFINITION For the purposes of this Article, reassignment means the change of an employee from one position or work location to another position or work location for an indefinite period without promotion, demotion or detail.

20.2 REASSIGNMENT ACTION 20.2.1 When NRC determines that the interest of the NRC will be served by the reassignment of an employee due to staff imbalance, workload fluctuation, new programs or locations, special projects, or for other legitimate reasons, that action may be effected. When a reassignment is made, to the extent practicable, consideration will be given to the needs and circumstances of individual employees, including, but not limited to, health problems, family situation and career aspirations.

20.2.2 Reassignments may be made by NRC for deficiencies in an employees work performance or conduct which may be corrected or minimized in a different work location or position. The em-ployee will be notified of the basis for such a reassignment, which may be challenged through the negotiated grievance procedure.

20.2.3 The NRC agrees to give the employee who is involuntarily reassigned a minimum of 10 work-days advance notice unless prevented from doing so by unusual circumstances or emergency conditions.

20.3 CHANGE IN DUTY STATION If the reassignment involves a change in duty station, the NRC agrees to give the employee a reasonable amount of time to accomplish the change in duty station subject to applicable laws and Government-wide regu-lations.

20.4 NOTICE OF MOBILITY Certain unit positions (e.g. resident inspector positions) are filled with the understanding that the employee selected to fill the position will routinely be reassigned to another position in the NRC at the end of a given tour of duty (typically seven years for resident inspectors). A resident inspector may request that the Agency con-sider extending the typical seven year assignment. The NRC agrees to post vacancies for resident inspector positions with a nationwide area of consideration, and will include a notice indicating that selectees for such positions will be reassigned to other posts-of-duty at the end of their tour of duty. Failure to indicate the limited tour will not preclude the Agency from directing the reassignment.

20.5 NON-APPLICABILITY The procedures delineated in this Article are the comprehensive and exclusive procedures regarding reas-signments which are not the result of a change in the organizational structure. If a reorganization or move is involved, Article 35 will be followed, as applicable.

20.6 EMPLOYEE REQUESTS FOR REASSIGNMENT 20.6.1 Employees may request a change to a position for which they are noncompetitively eligible.

Employees seeking such positions are encouraged to apply to vacancies, solicitations of inter-est, and rotational opportunities for which they are eligible.

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NRC/NTEU Collective Bargaining Agreement Article 20 Reassignments 20.6.2 Application through a Vacancy Announcement Although not covered by merit selection processes, an employee who requests a change to a position for which they are noncompetitively eligible and qualified will have their package reviewed by the selecting official. Such an applicant will also receive notification 1) when the agency receives their application; 2) when the application is forwarded to the selecting official, and 3) when the selection has been made. An applicant who is not selected may request a feedback session with the selecting official.

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Article 21 Position Descriptions NRC/NTEU Collective Bargaining Agreement Article 21 Position Descriptions 21.1 APPLICABILITY The classification of a position involves the determination of the appropriate grade, occupational series, and title. Position descriptions for employees will contain a statement of function and will describe the regular duties of the position with reasonable accuracy and in accordance with NRC Management Directive 10.37, Benchmarking, and in sufficient detail so as to permit proper classification of the position. However, policies, practices and matters relating to the classification of any position are not conditions of employment as defined by 5 U.S.C., Section 7103(a)(14). Therefore, they are outside the scope of collective bargaining and they are not covered by this Agreement.

21.2 RECOMMENDATIONS AND CLASSIFICATION APPEALS 21.2.1 Union Recommendations The Union may make recommendations and present supporting evidence concerning the ade-quacy and equity of position descriptions or position classification standards.

21.2.2 Employee Requests for Review If an employee believes that their position description (PD) is not accurate, they may request management to review the PD. Management will advise the employee of the results of that review as soon as practicable.

If an employee believes that their classification is not accurate, they may request a review in accordance with Management Directive 10.37. To the extent available, the Agency will provide the employee with copies of the position analysis, benchmarks and applicable classification standards prior to any desk audit. The NRC will not remove duties from an employees posi-tion description for the purpose of interfering with any position classification appeal. However, the NRCs right to assign work shall be unabridged by the provisions of this section.

21.3 CHANGE NOTIFICATION The NRC agrees to inform the Union as soon as practicable when significant changes will be made in the duties and responsibilities of a position held by an employee, and will comply with any bargaining obligations consistent with the requirements of Article 42, Mid-term Bargaining. The NRC also agrees to provide the Union with any new or changed position descriptions or agency position classification standards.

The NRC will continue to provide each employee with a copy of their position description, including any mod-ifications to the position description. All pen and ink changes to the position description should be signed and dated by those authorized to make those changes. New or revised position descriptions will be provided to employees and to the Union within five workdays of the effective date of the action.

21.4 OTHER DUTIES When the term such other duties as assigned or its equivalent is used in an employees position description, the term means--

21.4.1 duties that are normally related to the position, 21.4.2 duties that are of an incidental nature, 75

NRC/NTEU Collective Bargaining Agreement Article 21 Position Descriptions 21.4.3 other duties when work to perform the duties described in the positiondescription is not avail-able, or 21.4.4 duties required by unforeseen workload demands.

21.5 ASSIGNMENTS OUTSIDE POSITION DESCRIPTIONS Nothing in this Article shall preclude the NRC from assigning work to an employee which is not described in the employees position description. However, the employee may raise a lack of adequate training as a defense to any alleged failure to adequately perform such work. The Union will be notified of any significant changes in job duties or responsibilities in accordance with 21.3, above.

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Article 22 Awards NRC/NTEU Collective Bargaining Agreement Article 22 Awards 22.1 GENERAL There is no entitlement to a performance award or other type of incentive award. Performance awards cover awards (including time off and cash) earned as a result of an employees performance.

Other incentive awards (including Group and Special Act awards) recognize accomplishments for special acts or services, length of service and non-cash honor awards. Incentive awards may be monetary or non-mone-tary.

High Quality Increases (HQIs) are granted, at the NRCs discretion, for high quality performance. Employees who received an Outstanding annual performance rating may be eligible for an HQI, so long as they have not received a HQI in the prior 52 weeks. Employees may not receive both a HQI and a cash award for the same performance period.

22.2 IMPLEMENTATION The NRC will implement its awards program in a fair and equitable manner. The percentage of salary allocated to the nonsupervisory performance awards will be no more than 0.8% less than the percent of salary allocated to supervisory employee performance awards.

All performance awards amounts within each Office (either as a percentage of each employees salary or as fixed dollar amounts) will be tied directly to employee annual performance ratings.

Employees who receive a performance rating of Outstanding or Excellent may be eligible for a performance award. Bargaining unit employees in the same office at the same grade level with the same performance eval-uation score and same considerations shall receive identical monetary awards or the equivalent in time off or a combination of cash and time off. An employee whose appraisal and rating is delayed will receive the appro-priate award amount when the rating is issued. For employees whose employment with the Agency does not cover the entire annual rating period, awards will be calculated on a pro rata basis.

The amount of performance awards within each office will be consistent between bargaining unit employees and nonsupervisory non-bargaining unit employees at the same grade and with the same rating or score.

22.3 DATA PROVIDED TO NTEU 22.3.1 Office Directors/Regional Administrators or their designees will discuss anticipated bargaining unit employee performance awards with the designated union representatives. The informa-tion will include the structure for bargaining unit awards for that office, including the rating levels or scores to receive awards and the amount of award for each grade and performance rating or score. It will also include an explanation of any other considerations (such as, but not limited to, consideration of part time work schedule and recency of hire/promotion), and such considerations will be applied consistently throughout the office.

The information provided to Union representatives for the purpose of commenting on antic-ipated awards will be held in the strictest confidence and will only be used for the purposes of providing comments to the Office Director/Regional Administrator and their designee. The union representatives will keep this information confidential and will not duplicate, discuss, share or otherwise reveal this information with anyone other than the NTEU Chapter 208 Executive Committee (the President, Executive Vice President, Treasurer and Secretary), the NTEU National Field Representative, and the Office Director/Regional Administrator or their designee.

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NRC/NTEU Collective Bargaining Agreement Article 22 Awards Information about anticipated awards will be provided to the designated NTEU representative for review and comment at least ten (10) work days before the awards are submitted for pro-cessing. NTEU will submit any comments within five (5) work days of receiving the information so that all comments may receive appropriate consideration prior to finalization of the awards and submission for processing. After considering any comments from NTEU, management retains the right to accept or reject comments and to issue awards.

22.3.2 On an annual basis, within 10 workdays of issuing performance awards or within 120 calen-dar days after the end of the rating period (whichever is later), the NRC shall provide NTEU National and Chapter 208 with an electronic spreadsheet for each Office of the following bar-gaining unit data:

22.3.2.1 A list showing, for each bargaining unit employee:

A. Office B. Division C. Bargaining Unit Status D. Grade E. Number of Critical Elements F. Appraisal Score G. Overall Performance Summary Rating H. Final Amount of Award I. Remarks (to include data that explains any deviation from the award due based solely on grade and performance score). Additionally, the Agency will provide the total annual bargaining unit GG salary for each Office, and the total bargaining unit award amount for each Office.

22.3.3 Aggregate data on the distribution of awards by Office/Region for bargaining unit employees by ethnicity/race, gender, and age group for Offices or Regions of more than 40 bargaining unit employees in electronic spreadsheets with the following data columns:

A. Office/Region B. Ethnicity (African American, Asian Pacific, Hispanic, Native American, two or more races, White).

C. Employees per office/region eligible for awards by ethnicity grouping, and D. Employees granted awards per office/region by ethnicity grouping; Where there are fewer than ten (10) employees in an ethnicity group in an office, the agency need only to report the data as <10 22.4 OTHER AWARDS The receipt of a Special Act or Service Award, or group award, does not preclude an employee from receiving a Performance Award.

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Article 22 Awards NRC/NTEU Collective Bargaining Agreement 22.5 NOMINATION BY EMPLOYEES Any employee may recommend another bargaining unit employee for an award. Such a recommendation must be in writing, be signed or e-mailed, and stipulate the basis for the award. Employees are not permitted to nominate themselves.

22.6 ISSUANCE OF AWARDS Performance awards and HQI awards will be issued to employees within four months of the end of the rating period where practicable. Incentive awards may be issued throughout the year.

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Article 23 Suggestion Awards NRC/NTEU Collective Bargaining Agreement Article 23 Suggestion Awards 23.1 EMPLOYEE NOTIFICATION The NRC, in NRC Management Directive 10.72, Incentive Awards, has established a program through which employees can submit suggestions concerning the improvement of the NRCs operations. If the NRC does not adopt a suggestion, the employee shall be so advised promptly on receipt of advice from the evaluator in terms of reasons for nonacceptance. Promptly upon receipt of notice from an appropriate evaluator that a suggestion has been adopted, HR shall call or otherwise notify both the suggester and the suggesters supervisor of the action and the amount of the cash award, if any.

23.2 AWARD CONSIDERATION An employee is eligible and entitled to consideration for an award if the NRC adopts their suggestion in whole or in part, or in modified form within two years after an initial decision not to adopt the suggestion was made by the responsible official. The case may be reopened for award consideration by either the employee, the NRC, or an awards official.

23.3 AWARD DETERMINATION If NRC adopts an employees suggestion pursuant to NRC Management Directive 10.72, a cash payment will be awarded. The amount shall be determined in accordance with an assessment of the tangible and/or intan-gible benefits to the Agency of the adopted suggestion. When, in an exceptional case, an award would total more than any limit which NRC is authorized to pay, the NRC will seek appropriate approval to make an award in excess of the limit.

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Article 24 Within-Grade Increases NRC/NTEU Collective Bargaining Agreement Article 24 Within-Grade Increases 24.1 WITHIN-GRADE INCREASES An employee paid at less than step 10 of the grade of their position shall be advanced in pay to the next higher step of that grade upon meeting the following requirements:

24.1.1 the employee must have completed the applicable period of creditable service as shown in Section 24.3; 24.1.2 the employee must not have received an equivalent increase during the applicable period; and 24.1.3 the employees performance must be at an acceptable level of competence.

An acceptable level of competence is a level of performance at or above Fully Successful by an employee of the duties and responsibilities of their assigned position during the applicable period of creditable service and includes a determination of satisfactory conduct during such period.

24.2 RELATIONSHIP TO CONDUCT A within-grade increase may be denied based on misconduct within the year preceding the eligibility date of a within-grade increase which results in a suspension when the employees misconduct affects their qualifica-tions or ability to successfully perform the duties of the position. The notice of proposed disciplinary or adverse action based on such misconduct must notify the employee that the misconduct may result in denial of the employees next scheduled within-grade increase. If information becomes available to the supervisor from an ongoing investigation that an employee may be guilty of misconduct which may warrant at least a suspension, the within-grade increase may be delayed pending the outcome of that investigation.

24.3 WAITING PERIOD For full-time or part-time GG employees with a prearranged regularly scheduled tour-of-duty, completion of the following number of scheduled workweeks of creditable service since the effective date of the last increase, shall be required for advancement to the step rate specified:

24.3.1 To advance to Steps 2, 3, or 4 in any pay grade, the employee must have worked 52 work-weeks of creditable service.

24.3.2 To advance to Steps 5, 6, or 7 in any pay grade, the employee must have worked 104 work-weeks of creditable service.

24.3.3 To advance to Steps 8, 9, or 10 in any pay grade, the employee must have worked 156 work-weeks of creditable service.

24.4 PERFORMANCE FEEDBACK At least 60 calendar days prior to the date that an employees period of creditable service ends, the employ-ees supervisor will review the employees performance and, if the supervisor determines that the employees performance is below fully successful and therefore does not meet an acceptable level of competence, the em-ployee will be immediately notified and counseled, as required under Article 25.9. Such counseling will provide specific advice as to how the employee can improve their performance to an acceptable level of competence and a statement that the within-grade increase will be denied unless the employees performance improves to an acceptable level of competence.

24.5 FINAL DETERMINATION At the end of the employees required period of creditable service, management shall make a determination as to whether the employees performance has been at an acceptable level of competence. In making that deter-83

NRC/NTEU Collective Bargaining Agreement Article 24 Within-Grade Increases mination, management shall base the determination on the essential requirements of the employees position and on the employees performance during the required period of creditable service. If the employees perfor-mance has been at the acceptable level of competence and can reasonably be expected to continue at that level, management will approve the employees within-grade increase no later than 5 workdays after the end of the period of creditable service. If the employees performance is not at an acceptable level of competence, management will so notify the employee in writing no later than 5 workdays after the end of the period of credit-able service. Such notification shall include:

24.5.1 a statement that the within-grade increase is denied and the effective date; 24.5.2 a statement of the reasons for the denial; 24.5.3 a statement that the employee has the right to grieve the denial and to whom the griev-ance should be addressed (normally that person will be the Step B official in the grievance process);

24.5.4 a statement that failure to improve to the fully successful level will result in continued with-in-grade denial; 24.5.5 if the within-grade denial is based on unacceptable performance rather than minimally suc-cessful performance, a statement that failure to improve performance to the minimally suc-cessful level will be cause for the NRC toeffect the employees removal, demotion, or reas-signment in accordance with Article 25, Performance Appraisal System; 24.5.6 a statement that if the supervisor will review the employees performance on a regular basis (at least quarterly), and if they determine that the employee is performing at an acceptable level of competence, the within-grade increase can be approved at any time; and 24.5.7 a statement that in any event, a new determination will be made no later than 52 weeks after the date of the original determination.

24.6 EFFECTIVE DATE OF A WITHIN-GRADE INCREASE When an employees performance is determined to be at an acceptable level of competence before the expira-tion of the prescribed period of creditable service, the effective date of the within-grade increase will be the first day of the first full pay period following the completion of the period of creditable service. When a within-grade increase is delayed beyond the proper effective date through administrative error, unintentional delay or over-sight, or based on an investigation which does not result in a suspension of the employee, it shall take effect retroactively as of the date it was otherwise due. Failure to meet the advance notice requirement under 24.4 will not constitute grounds for granting a within-grade increase which would otherwise have been denied.

24.7 EFFECTIVE DATE OF IMPROVED PERFORMANCE When an employees performance is determined to be at an acceptable level of competence, following an ear-lier negative final determination, the effective date of the within-grade increase will be the first day of the first full pay period following the new determination.

24.8 BURDEN OF PROOF In any grievance arising under this Article, the NRC shall bear both the initial burden of going forward and the ultimate burden of proving by substantial evidence that the aggrieved employee was not performing at an acceptable level of competence 84

Article 25 Performance Appraisal System NRC/NTEU Collective Bargaining Agreement Article 25 Performance Appraisal System 25.1 CONTRACT PRECEDENCE Performance appraisals for bargaining unit employees will be done in accordance with NRC management directives except as provided below. Wherever the terms of this contract and a management directive conflict, the contract takes precedence. This contract will apply to all bargaining unit employees, including trial period employees, except nothing in this Article will supersede Article 48 of the Agreement or waive any rights trial period employees have under Chapter 43 of 5 U.S.C.

25.2 CHANGES TO ELEMENTS AND STANDARDS The NRC will notify employees of changes to elements and standards in their present positions at least ten workdays prior to implementation. At the request of any employee a meeting will be held between the employ-ee and their supervisor to discuss the elements and standards and to allow the employee to comment and make recommendations concerning them. The employee may also provide comments and recommendations within the ten workdays of such notification without a meeting. The employee may, if they desire, seek advice and guidance from NTEU during the time frame concerning these changes. The supervisor will provide the employee with feedback as to their comments and/or recommendations.

The elements and standards will align with an employees duties and responsibilities, as described in position descriptions, and may draw on other appropriate sources such as strategic goals and office operating plans.

25.3 MANAGEMENT RESPONSIBILITIES The law provides that it is the right and responsibility of management to determine the number of rating levels and final performance elements and standards, subject to the Unions right to negotiate over the impact and implementation of managements determination of these matters.

25.4 RECEIPT OF ELEMENTS AND STANDARDS A copy of the final version of the elements and standards will be available electronically in the automated per-formance management system. The new elements and standards become effective upon receipt by the em-ployee. The employees signature acknowledges only receipt of the performance plan and that the opportunity to provide comments has been provided. If an employee declines to sign the performance plan, they will check the appropriate box in the automated performance management system. In no event may the implementation of elements and standards be made retroactive without the written consent of the employee.

25.5 APPRAISAL PERIOD Annual ratings will be based on performance during the rating period, which runs from October 1 through Sep-tember 30. All bargaining unit employees who have worked under a set of critical elements and performance standards for 120 calendar days or more by the end of the rating period (September 30) will normally receive a written appraisal of performance (rating of record) by October 31 each year for the rating period just completed.

25.5.1 For employees new to the Agency who have not worked under at least one set of critical ele-ments and standards for at least 120 days by the end of the rating period (September 30), the rating period will be extended until 120 days have been completed, at which time the rating will be prepared (with the subsequent rating period being less than 12 months).

25.5.2 Employees who serve in a position for 120 days or more and who move to a new position with different critical elements and standards will receive a closeout appraisal based on their performance in the vacated position.

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NRC/NTEU Collective Bargaining Agreement Article 25 Performance Appraisal System 25.5.3 When a supervisor supervises an employee for 90 days or more during the rating period and departs prior to the end of the rating period, that supervisor will, to the extent feasible, provide written feedback on the employees performance at that time, a copy of which will be given to the employee.

25.5.4 Close-out appraisals and feedback from departing supervisors will be provided to the em-ployee and will be given appropriate weight when determining the employees annual rating of record. When a close-out appraisal is given for a period ending less than 120 days before the end of the annual rating period (i.e., after May 31), then the close-out appraisal becomes the annual rating of record (with the subsequent rating period being more than 12 months).

25.6 NOTICE OF DELAY If the annual rating is delayed beyond 10 workdays of the annual due date (October 31), management will inform the employee when the rating of record might be expected. Such date will be as soon as practicable.

25.7 THE APPRAISAL PROCESS In accordance with 5 U.S.C. 4302(b)(1), NRC establishes performance standards which will, to the maximum extent feasible, permit the accurate evaluation of job performance on the basis of objective criteria related to the employees job, and evaluates employees against such standards. Employees will not be held accountable for delays that are beyond their control.

25.7.1 In addition to indicating the rating, the supervisor shall write a brief narrative for each critical element.

25.7.2 Performance will be rated against the written Fully Successful standards, typically written in terms of quality of work, quantity of work, timeliness, and supervision required. When per-formance exceeds or does not meet the Fully Successful standard, justification should be included to clearly and explicitly justify the assignment of a rating above or below the Fully Successful level.

25.7.3 Normally, an employees supervisor at the end of the rating period appraises the employees performance. A reviewing official (usually the second level supervisor) reviews performance plans for accuracy and consistency with mission requirements and plans for similar positions and assures that subordinate supervisors conduct appraisals in an equitable, accurate, and consistent manner.

25.7.4 In accordance with 5 CFR 430.208(c), the method for deriving and assigning a summary level may not limit or require the use of particular summary levels (i.e., establish a forced distribu-tion of summary levels).

25.7.5 Performance appraisals of stewards and Union representatives shall be based solely upon the performance of their NRC assigned duties in the available time to perform such assigned duties.

25.8 GRIEVANCES Should an employee disagree with the rating of record, they have the right to file a grievance pursuant to Article 46.

The parties agree that when any element and standard is alleged to be inconsistent with the NRCs regulations as well as any government-wide rule or regulation, such elements and standards may be grieved.

25.9 PERFORMANCE FEEDBACK 25.9.1 Employees should be given performance feedback throughout the year. Employees and managers should strive to discuss performance throughout the year and employees are en-couraged to seek feedback. When employees request performance feedback, the supervisor should strive to meet with the employee within ten workdays.

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Article 25 Performance Appraisal System NRC/NTEU Collective Bargaining Agreement At any time during the rating period, any significant decline in performance from the beginning of the appraisal period should be brought to the employees attention to (1) provide the em-ployee time to improve, and (2) avoid surprises in the annual appraisal.

25.9.2 Employees at all levels are encouraged to learn, develop, and hone their skills. Managers and employees are encouraged to take advantage of the resources the Agency makes available to assist them in constructive two-way communications. These include training resources, as-sessment tools, guidance on developing Individual Development Plans, and best practices for performance communication and feedback.

Management will consider employees interests in developmental assignments and/or special projects to the extent feasible, consistent with accomplishing the work effectively and efficient-ly, along with other appropriate considerations such as but not limited to, the availability of funds, nature of the position, the employees skills, equity, and Agency policy.

25.9.3 Each bargaining unit employee shall be given a progress review mid-way through the apprais-al period (generally in March, but no later than April 30) if they have served under a perfor-mance plan for 120 days by that time. During the progress review, the employee and their supervisor shall discuss the employees performance. No summary rating calculations are required.

25.9.4 An employee whose performance in any element is believed by the supervisor to be at the Minimally Successful level at any time during the rating period shall receive a counseling memo specifying 1) the area(s) in which their performance is deficient; 2) recommendations as to how their performance can be improved.

25.9.5 The employee should digitally sign the appraisal which acknowledges only that the Progress Review has occurred. An employee may also select the decline to sign option.

25.10 PERFORMANCE IMPROVEMENT REQUIREMENTS MEMORANDUM (PIRM)

When an employees performance is deemed unacceptable in any critical element at any time during the rating period, management shall assist the employee. Such assistance may include formal training, on-the-job train-ing, counseling, and/or closer supervision as appropriate. The employee shall be given a reasonable opportu-nity to demonstrate required level of performance (currently Minimally Successful) or higher.

Prior to taking a performance-related action under Section 25.11 of this Article, management will give employ-ees whose performance is unacceptable a performance improvement period of not less than 60 calendar days to bring their performance up to the required level of performance (currently Minimally Successful). Perfor-mance improvement periods will be extended beyond the initial period if circumstances so warrant, as deter-mined by management. Management shall prepare a PIRM which:

25.10.1 identifies the critical element(s) for which employees performance is unacceptable; 25.10.2 details the way in which the employees performance is not meeting the standard for the critical element(s);

25.10.3 communicates new performance standards at the required level of performance (current-ly Minimally Successful) for critical elements in which performance has been deemed to be unacceptable. These standards shall be reviewed, approved, and documented on the employees performance plan as an addendum to the performance plan; 25.10.4 describes how management (normally the supervisor) will assist the employee to improve performance; 25.10.5 informs the employee of the time frame allowed to bring their performance up to at least the 87

NRC/NTEU Collective Bargaining Agreement Article 25 Performance Appraisal System required level of performance (currently Minimally Successful);

25.10.6 states that failure to improve performance to the Fully Successful level will result in denial of within grade increase; and failure to improve to at least the required level of performance (currently Minimally Successful), and sustain that level for 1 year from commencement of the PIRM, may result in initiating an action to reassign, reduce the grade level of the employee, or remove the employee.

The employee will be given the original and a copy of the PIRM notice, one of which may be given to the em-ployees NTEU representative, if any, who may be present for the presentation of the PIRM. An employee may not grieve the Agencys decision to place an employee on a PIRM, but may grieve or file an appeal over any Agency action upon completion of the PIRM, as provided in 25.11-13, below.

Within 30 days after completion of the PIRM period, the Agency will advise the employee of the status of the PIRM. Failure to provide such status, however, will not preclude the Agency from taking any action it deems appropriate based on the PIRM.

If the employee successfully completes the PIRM, they should receive a written notice of that decision as soon as practicable after completion of the PIRM period. This notice should also advise the employee that failure to sustain at least the required level of performance (currently Minimally Successful) for one year after the com-mencement of the PIRM may result in an action to reassign, reduce in grade, or remove the employee from the Federal service.

If the employee is not reduced in grade or removed because they improved their performance to at least the required level of performance (currently Minimally Successful) during the notice period, and the employees performance continues to be acceptable for 1 year from the date of the advance written notice, any entry or other notation of the unacceptable performance shall be removed from all NRC records relating to the employ-ee, notwithstanding other retention schedules for performance appraisals.

25.11 PROPOSED PERFORMANCE-RELATED ACTIONS Subject to the applicable provision of this Agreement, OPM regulations and 5 U.S.C., the NRC may reduce in grade or remove an employee for unacceptable performance. When taking such action, the NRC will do so in accordance with the following procedure. An employee whose reduction in grade or removal is proposed under this section is entitled to at least 30 calendar days advance written notice of the proposed action which:

25.11.1 identifies specific instances of unacceptable performance by the employee on which the pro-posed action is based; 25.11.2 specifies the critical element(s) of the employees position involved in eachinstance of unac-ceptable performance; 25.11.3 informs the employee of the right to representation by an attorney or other representative; 25.11.4 provides, by attachment, copies of all documents relied upon by management in proposing the action.

The employee shall be provided a reasonable time frame (not less than seven workdays) in which to answer orally and/or in writing, and the employee shall be provided with a reasonable amount of official time within such period to prepare an oral and/or written reply.

The oral and/or written reply will be received by an official designated by the NRC in the proposal notice.

The NRC shall prepare a verbatim transcript of the oral reply. A copy shall be provided to the employees repre-sentative at the same time that it is provided to the deciding official.

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Article 25 Performance Appraisal System NRC/NTEU Collective Bargaining Agreement 25.12 FINAL DECISION The decision letter shall be issued within 30 calendar days after the expiration of the notice period. The deci-sion shall inform the employee of their appeal rights. If the decision involves a reduction in grade or removal, it shall address which instances of unacceptable performance if any, have been rejected and which, if any, have been sustained and are being relied upon to support the action. It shall also describe the appeal rights of the employee and indicate the effective date of the decision.

Unless proposed by the Head of the Agency, the decision must be concurred in by a higher level manager in the organization than the one who proposed the action.

25.13 APPEAL A non-preference eligible employee against whom a removal or downgrade decision has been issued under the terms of this Article, who has two years of creditable service, may appeal the decision to the Merit Systems Protection Board, when appropriate, or, alternatively, may appeal (with the consent of the Union) pursuant to Article 47, Arbitration Procedures or any other provision available under law.

A preference eligible employee against whom a removal or downgrade decision has been issued under the terms of this Article, who has one year of creditable service, may appeal the decision to the Merit Systems Protection Board, when appropriate, or, alternatively, may appeal (with the consent of the Union) pursuant to Article 47, Arbitration Procedures or any other procedure available under law.

25.14 DETAILS AND ROTATIONAL ASSIGNMENTS Employees detailed or serving on a rotational assignment for more than 90 days shall be entitled to feedback of their performance which meets the requirements of this Article while on the detail or rotational assignment.

Such evaluation shall be completed by the appropriate supervisor and will be received by the employee within 30 days after the end of the detail or rotational assignment. The evaluation will be given appropriate weight when providing the employee their rating of record.

25.15 SELF-ASSESSMENT During the final 30 days of an employees annual appraisal period (normally September), the employee may prepare a brief self-assessment to submit for their supervisors consideration. Employees will be allowed a reasonable amount of duty time to prepare such an assessment.

25.16 RECEIPT OF APPRAISAL AND COMMENT PERIOD Each employee will be provided an appraisal and rating. Employees will be allowed five workdays after receipt of their appraisal to review, comment, sign and return their appraisal to their supervisor. The employ-ees signature acknowledges receipt of the appraisal, and not acceptance or agreement with the appraisal or rating. Any employee comments submitted will become part of the appraisal. Exceptions to this time frame may be granted by the supervisor on a case by case basis. Exceptions may be based on, but not necessar-ily limited to, an employees being in a travel status or on approved leave. If an employee declines to sign the performance appraisal, they will check the appropriate box in the automated performance management system.

25.17 APPRAISAL DATA Annually, no later than November 30 of each year, the Agency will provide the President, NTEU Chapter 208 a numerical listing (no names) of performance appraisal ratings by Office, Division, and/or Branch. If the apprais-al data is not complete at this time, the Union will be advised of each office or region for which data is missing and its expected completion date, and updated data will be provided as soon as available.

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Article 26 Training and Development NRC/NTEU Collective Bargaining Agreement Article 26 Training and Development 26.1 TRAINING DECISIONS NRC and the Union agree that training and development of employees is a matter of significant importance.

Upon prior approval and authorization by the NRC of a request for nongovernmental training, the NRC will pay for such training to the extent provided in the approval document, subject to training fund availability. Such requests must be submitted in writing to the employees immediate supervisor. The decision to approve and authorize such training or to deny the request will be based upon the following criteria, as applicable:

26.1.1 the availability of budgetary resources; 26.1.2 workload, when the employee will be in attendance at training courses during official duty hours; 26.1.3 the training will be cost-beneficial to the Agency; 26.1.4 the training will enable the employee to increase the employees ability to perform their current job; 26.1.5 suitable training is not available through NRC developed courses at the time; 26.1.6 suitable programs are not being offered by other government agencies within the local area; 26.1.7 the course meets the needs of the employee and the NRC; and 26.1.8 the course is not being taken solely for the purpose of obtaining a degree.

Unless prohibited by law, one or more of the above criteria may be waived in light of the importance of the training.

26.2 REIMBURSEMENT TO AGENCY Employees must provide evidence of satisfactory completion of training. Employees who fail to satisfactorily complete the training by, in, or through a nongovernment facility shall reimburse the NRC for all tuition and government paid related expenses incurred by the NRC for such training.

26.3 NONGOVERNMENTAL TRAINING IN EXCESS OF 80 HOURS An employee selected for training by, in or through a nongovernment facility for a period in excess of 80 hours9.259259e-4 days 0.0222 hours 1.322751e-4 weeks 3.044e-5 months within a single program, shall agree in writing with the NRC before assignment to training that they will:

26.3.1 Continue in the service of their agency after the end of the training period for a period at least equal to three times the total amount of time spent in training, including associated time ab-sent from duties described in their official duties, unless they are involuntarily separated from the service of the NRC.

For example: lf an employee participates in training or education which involves a total ab-sence of 8 hours9.259259e-5 days 0.00222 hours 1.322751e-5 weeks 3.044e-6 months per day, even though the training may be more or less than 8 hours9.259259e-5 days 0.00222 hours 1.322751e-5 weeks 3.044e-6 months per day, the length of the service learning agreement will be calculated on the basis of three times 8 hours9.259259e-5 days 0.00222 hours 1.322751e-5 weeks 3.044e-6 months per working day for each such day.

26.3.2 If an employee spends time in training during non-work hours, the length of time is three times the number of hours specifically spent in training.

26.3.3 If an employee is absent from duties described in their position description four hours per day, three days per week, the period they will be required to serve will be three times 12 hours1.388889e-4 days 0.00333 hours 1.984127e-5 weeks 4.566e-6 months , times the number of weeks of training.

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NRC/NTEU Collective Bargaining Agreement Article 26 Training and Development 26.3.4 Pay to the NRC the amount of expenses, as defined in 5 U.S.C., Section 4109, incurred by the NRC in connection with the training if they are voluntarily separated from the service of the NRC before the end of the period for which they agreed to continue in the service of the NRC.

26.4 ON-THE-JOB TRAINING When an employee is reassigned from one bargaining unit position to another bargaining unit position, NRC will provide on-the-job or such other training, as the Agency determines appropriate and necessary for the new position. The supervisor will arrange to meet with the employee to discuss any training appropriate and neces-sary.

26.5 OUTSIDE INFORMATION The NRC will make available on its internal website, information concerning training opportunities or education-al programs, which will include, to the extent available, the name of each vendor and the name or description of any approved outside training. Employees may also consult with their Office/Region Learning Management System Administrator regarding external training that has been approved by the Office/Region for various sub-ject matter areas.

26.6 TRAINING RELATED TO MERIT SELECTION Merit selection procedures set forth in this Agreement shall be followed in selecting regular (excepted) and reg-ular (excepted conditional) employees for training that is given primarily to prepare trainees for advancement and that is required for promotion.

26.7 SELF-DEVELOPMENT Employees are encouraged to keep abreast of developments which are related to their work assignments. One means of doing this is through attendance at meetings and conventions concerned with the functions or activ-ities for which NRC appropriations are made or which contribute to improved conduct, supervision or manage-ment of such functions and activities.

Unless a specific employees attendance is required, the NRC shall grant permission for employees to attend such functions in a fair and equitable manner.

26.8 CONFERENCE CONSIDERATION When an Office or Region determines that it is in the Agencys best interest to have employee attendance at a conference or convention, NRC agrees that unless management determines that a specific employee(s) attendance is necessary as an assignment of work, those employees who have been denied an opportunity for attending such sessions and express an interest in attending previously should receive first consideration for approval to attend later sessions.

26.9 INDIVIDUAL DEVELOPMENT PLAN (IDP)

At the time a supervisor meets with an employee to discuss their rating of record at the request of the employee, they shall reserve time for each employee for the purpose of mutually developing and/or modifying an Individual Development Plan (IDP) in accordance with NRC Management Directive 10.77, Employee Devel-opment and Training.

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Article 27 Pay and Benefits NRC/NTEU Collective Bargaining Agreement Article 27 Pay and Benefits 27.1 PAY SYSTEM Should the NRC propose any changes to its existing pay system, it shall notify the union and negotiate to the extent required by law and in accordance with the terms of Article 42, Mid-term Bargaining.

27.2 PUBLIC TRANSIT SUBSIDY Subject to budgetary constraints, the Agency will reimburse employees for costs of using public transportation for home-to-work travel through a Public Transit Subsidy Program to the maximum amount permissible by law or IRS regulations. The Agency will provide the Union with at least 14 days advance notice if budgetary con-straints will prevent payment of the maximum allowable subsidy, and provide an explanation of the reasons.

27.3 PRE-TAX PARKING The Agency will, as soon as practicable, establish a program to permit all employees to pay for NRC provided parking with pre-tax dollars, subject to IRS requirements. The Parties will establish a sub-committee of the Agency Labor-Management Relations Partnership Committee to explore the feasibility of extending this benefit to employees who park at locations not provided by NRC.

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Article 28 Overtime Work NRC/NTEU Collective Bargaining Agreement Article 28 Overtime Work 28.1 PERFORMANCE OF OVERTIME WORK NRC may order the performance of overtime work. However, consideration shall be given to the effect of such additional work on the health and efficiency of the employee. Overtime will be compensated in accordance with applicable laws, regulations, and this Article.

28.2 EXEMPT OR NONEXEMPT EMPLOYEES In order to inform employees that they are exempt or nonexempt from the Fair Labor Standards Act (FLSA),

the NRC will make an appropriate entry on each SF-50 which effects a position change for an employee.

28.3 DISTRIBUTION OF OVERTIME Unless NRC determines that a specific employee(s) is required to perform an overtime assignment, NRC agrees to fairly distribute overtime work among qualified employees who volunteer for the overtime. In those cases where there are no volunteers, NRC agrees to use reverse seniority (based on NRC entry on duty date (EOD) without regard to grade).

This section 28.3 does not apply to the Headquarters Operations Officers (HOOs) in the Office of Nuclear Safety and Incident Response (NSIR).

28.4 NOTIFICATION OF INVOLUNTARY OVERTIME The NRC will, when practicable, notify an employee at least 2 full workdays in advance of the scheduling of an involuntary overtime assignment. When an employee has been ordered to work overtime because there are no qualified volunteers, they may be relieved of the assignment if they can find a replacement, subject to the approval of the supervisor where the work is to be performed. In such cases where the replacement comes from another organizational segment, the replacements supervisor must also concur. When ordering involun-tary overtime, the NRC will consider significant personal hardships whenever possible and assist in finding a qualified replacement.

28.5 OVERTIME WORK AND ASSOCIATED COMPENSATION Employees are entitled to overtime pay or regular compensatory time off, subject to applicable pay caps, for overtime work that is officially ordered or approved. Only employees on NEWFlex work schedules may re-quest/be granted regular compensatory time off in lieu of overtime pay for regularly scheduled overtime work.

Note also that FLSA non-exempt employees who are on other than NEWFlex work schedules are entitled to overtime pay, or regular compensatory time off as appropriate, not only when overtime work is ordered or ap-proved, but also when it is suffered or permitted, that is, when the overtime work is performed for the benefit of the agency, whether requested or not, provided the supervisor knows or has reason to believe that the work is being performed, has an opportunity to prevent the work from being performed, and does not prevent the work from being performed.

Overtime worked beyond a 15-minute increment is referred to as fractional overtime and is compensated if properly ordered or approved, or suffered or permitted, as appropriate. Fractional overtime is summed on a workweek basis and any remaining minutes beyond a 15-minute increment are rounded up or down to the closest 15-minute increment. The rounded sum is to be recorded on the last regular workday of the workweek.

Employees are to request approval, normally in advance, for overtime work and associated compensation via the Leave/Additional Hours Request function in HRMS. When this is impractical, oral prior approval may be requested/granted and the request/approval will be documented via the HRMS request function after the fact as soon as practical. In situations where no prior approval is requested/granted, supervisors may exercise their sole discretion to approve the overtime work and associated compensation after the fact and the hours 95

NRC/NTEU Collective Bargaining Agreement Article 28 Overtime Work approved must be input afterwards via the HRMS request function. When employees wish to deviate from the requests already approved in HRMS, they must typically obtain their supervisors prior verbal approval. Su-pervisors have the sole discretion to grant approval after the fact and only verbally without a requirement for subsequent written confirmation via the HRMS request function when additional overtime hours and associated compensation are requested.

28.6 VOLUNTARY OVERTIME Employees are not encouraged to volunteer for overtime work which may not be compensated.

28.7 WORK PERFORMED AT HOME OR AT NON-WORK LOCATIONS OUTSIDE SCHEDULED DUTY HOURS Employees who are required by management to perform work at home or at a non-work location outside scheduled duty hours will be compensated for time worked subject to pay caps and fractional overtime rules specified in Article 28.

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Article 29 Compensatory Time NRC/NTEU Collective Bargaining Agreement Article 29 Compensatory Time 29.1 REGULAR COMPENSATORY TIME OFF 29.1.1 Regular compensatory time off is a paid absence, without charge to leave or another time reporting code, in lieu of overtime pay.

29.1.2 Regular compensatory time off instead of payment for an equal amount of time spent in irregular or occasional overtime work shall be available to employees to the extent provided by applicable laws, regulations, and this Article. In situations where the NRC has discretion to grant either compensatory time off or overtime pay, the NRC has determined that the employ-ee shall be allowed to select their preferred method of compensation.

29.1.3 If regular compensatory time earned accumulates to a total of 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months at any one time, all overtime hours worked over the 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months will be paid at the applicable overtime rate (to the extent that the regular compensatory time off could be earned pursuant to the biweekly or annual limitation on combined salary plus premium pay) until the accumulated total of regular compensatory time earned is decreased below 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months .

29.2 COMPENSATORY TIME INCREMENTS Premium pay work will be directed or authorized and paid for normally in increments of no greater than 15 minutes and in accordance with government regulations. Compensatory time shall be earned at the rate of one unit of compensatory time for each unit of covered work. All fractional periods of time worked will be aggregat-ed on a workweek basis, and any remaining irregular, unscheduled overtime work which does not satisfy the full fractions established will be rounded up or down to the nearest increment.

29.3 SPECIAL COMPENSATORY TIME OFF FOR TRAVEL Employees may earn compensatory time for time spent in travel outside scheduled duty hours when the em-ployee is not otherwise eligible for compensation for such time, in accordance with law, rule, and regulation, and the NRCs policies, as negotiated with NTEU.

29.4 REQUESTS TO USE COMPENSATORY TIME Requests to use compensatory time off (regular, religious observances, and travel) must be entered via the Leave/Additional Hours Request function in HRMS. At the supervisors sole discretion, requests for regular compensatory time off and compensatory time for travel may be approved outside of HRMS. A request for compensatory time off (regular and travel) will be considered in the same manner as a request for use of an-nual leave (Article 10). Nothing in this Article shall preclude Office Directors and Regional Administrators from declaring, during certain periods of time, that compensatory time (regular and travel) may not be used due to emergencies, workload considerations, or other exigent circumstances.

Once compensatory time has been earned, employees must request to use it within 26 pay periods from when it was earned. Employees will be paid at the applicable overtime rate for any compensatory time not used with-in the required period.

29.5 COMPENSATORY TIME FOR RELIGIOUS OBSERVANCES Employees whose personal religious beliefs require their absence from work during certain periods may re-quest to adjust their work schedules by working extra time for the purpose of taking time off for religious obser-vance without loss of pay or charge to leave.

Religious compensatory time off differs from other forms of compensatory time off in that the sole purpose is to adjust an employees work schedule to accommodate a religious observance. The employee earns religious compensatory time off by spending an equal amount of time in overtime work before and/or after taking time 97

NRC/NTEU Collective Bargaining Agreement Article 29 Compensatory Time from the employees scheduled tour of duty to meet personal religious requirements. Hours worked to earn religious compensatory time off provide a time off credit in lieu of any pay that would otherwise be payable for that work.

29.5.1 When Time Off May be Earned Employees may earn religious compensatory time off:

A. Before or after they use the time off for religious observance; B. Before or after regular working hours on regular working days; and/or C. At any time on nonworking days, such as Sundays and holidays.

Employees may earn religious compensatory time off up to 13 pay periods in advance of the pay period in which it is intended to be used, or within 13 pay periods following the pay period in which it was used.

29.5.2 When Time Off May Be Used Employees may only accumulate the amount of religious compensatory time off needed to cover previous or anticipated approved absences for religious observances. If earned religious compensatory time off has not been used as originally planned, it may be applied to a future religious observance even if the future observance is more than 13 pay periods after the com-pensatory time off was originally earned. The employee may not earn any additional religious compensatory time off until the retained amount has been used or the need to earn additional religious compensatory time off has been properly established and documented.

29.5.3 Deadline for Earning Time Off After Using It Employees will earn religious compensatory time off no later than the end of the thirteenth pay period after the pay period in which they used the time off. Employees who do not earn the time off by this deadline may sub-stitute annual leave, credit hours, regular compensatory time off, Special Compensatory Time Off for Travel, time off earned as an award, or Leave Without Pay, at the sole discretion of the employee. The employee will be charged Leave Without Pay for any portion of time that they do not have sufficient accrued or earned paid leave to substitute.

29.5.4 Approval Criteria 29.5.4.1 Before earning and/or using religious compensatory time off, an employee must submit a request using the Agencys time-keeping system (e.g. the Leave/

Additional Hours Request function in HRMS). The requests to earn and use religious compensatory time off must be submitted at the same time, which may require the employee to complete more than one request in the time-keeping system if the time is to be earned and used in different pay periods.

The request must include A. A description of the religious observance (the Employee Comments block should be used to provide this information)

B. The date(s) and time(s) the employee intends to use the religious compensa-tory time, and C. The date(s) and time(s) the employee plans to earn the religious compensa-tory time off.

29.5.4.2 The Agency must approve an employees request to use religious compensatory time off unless the Agency determines it would interfere with the Agencys ability 98

Article 29 Compensatory Time NRC/NTEU Collective Bargaining Agreement to efficiently carry out its mission.

29.5.4.3 Requests will normally be granted or denied within 10 workdays after receipt of the request. If the request is denied, the Agency must provide a written explana-tion as to the reason the request has been denied. The employee may challenge the denial through the grievance procedure set forth in Articles 46 and 47.

29.5.4.4 The Agency has the discretion on the specific timing of when religious compensa-tory time off hours may be earned based on its needs.

29.5.5 Payment for Unused Religious Compensatory Time Off 29.5.5.1 29.5.5.1 Employees who are separating or transferring from the NRC with a posi-tive balance of earned religious compensatory time off will be paid for this time at the employees hourly rate of basic pay in effect when the religious compensatory time off was earned.

29.5.5.2 29.5.5.2 Religious compensatory time off is considered a work schedule adjust-ment so payment for the unused time off is not subject to the biweekly or annual cap on combined salary plus premium pay. Religious compensatory time off is not considered in applying the premium pay limitations described in 5 C.F.R.

§ 550.105, 550.106, and 550.107.

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Article 30 Overpayments to Employees NRC/NTEU Collective Bargaining Agreement Article 30 Overpayments to Employees 30.1 CLAIM WAIVER The NRC will consider all applications to waive a claim arising out of an erroneous payment of pay or allow-ances, other than travel and transportation expenses and allowances and relocation expenses payable under Section 5724a of Title 5, U.S.C., on a case-by-case basis. The application must be received by the NRC within three years immediately following the date on which the erroneous payment was discovered. The NRC will decide each application in accordance with applicable law and Government-wide regulations.

30.2 WAIVER CRITERIA Claims may be waived in whole or in part if collection action under the claim would be against equity and good conscience and not in the best interests of the United States. Generally these criteria will be met by a finding that the erroneous payment of pay or allowances occurred through administrative error and that there is no indication of fraud, misrepresentation, fault or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim. Any significant unexplained increase in pay or allowances which would require a reasonable person to make inquiry concerning the correctness of their pay or allowanc-es, ordinarily would preclude a waiver when the employee fails to bring the matter to the attention of appro-priate officials. Waiver of overpayments of pay and allowances under this standard necessarily must depend upon the facts existing in the particular case.

30.3 COLLECTION When an employee has been determined to be indebted to the United States because of an erroneous pay-ment which is not waived, the amount of the indebtedness may be collected in monthly installments, or at officially established regular pay period intervals, by deduction in reasonable amounts from the current pay account of the employee. The deductions may be made only from basic pay, special pay, incentive pay, retired pay, or in the case of an employee not entitled to basic pay, other authorized pay. Collection shall be made over a period not greater than the anticipated period of employment. If the circumstances warrant, consideration will be given to permitting the employee to pay the debt over the same number of pay periods as were involved in the erroneous overpayment. The amount deducted for any period may not exceed two-thirds of the pay from which the deduction is made, unless the deduction of a greater amount is necessary to make the collection within the period of anticipated employment. If the employee retires or resigns, or if their employment otherwise ends before collection of the amount of the indebtedness is completed, deduction shall be made from later payments of any nature due the individual from the NRC.

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Article 31 Employee Assistance Program NRC/NTEU Collective Bargaining Agreement Article 31 Employee Assistance Program 31.1 IMPLEMENTATION The NRC agrees to have an Employee Assistance Program (EAP) for those employees experiencing alcohol-ism, drug abuse, financial, emotional or other personal problems which adversely affect job performance. NRC will distribute information periodically which will explain the existence and benefit of this program.

31.2 NTEU ORIENTATION Upon request, NRC will arrange appropriate orientation for all Chapter 208 officers and stewards on NRCs Employee Assistance Program.

31.3 REFERRALS The NRC will refer an employee with conduct or performance issues to counseling when it is apparent that the employee might benefit from the NRC EAP. Employee participation in the EAP is voluntary. It is understood that employees undergoing a prescribed program of treatment will be granted sick leave for treatment on the same basis that sick leave is granted for other illnesses.

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Article 32 Temporary Assignment of Other Duties NRC/NTEU Collective Bargaining Agreement Article 32 Temporary Assignment of Other Duties 32.1 REASONABLE EFFORTS TO ASSIGN OTHER DUTIES The NRC will make reasonable efforts to assign other duties to an employee who, for physical or mental reasons, is temporarily unable to perform their regularly assigned duties provided such assignment is in the interest of the Agency, and:

32.1.1 The employee is qualified for the duties; 32.1.2 The employee is physically and mentally capable of performing the duties; and 32.1.3 the duties are available.

When requesting such other duties, an employee must provide a medical certificate stating the nature of the impairment, its anticipated length, and the types of duties the employee should not perform.

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Article 33 Retirement and Resignation NRC/NTEU Collective Bargaining Agreement Article 33 Retirement and Resignation 33.1 RETIREMENT PLANNING NRC agrees that covered employees shall be given an opportunity to voluntarily participate in a retirement planning program. Priority shall be given to employees who are within 5 years of retirement eligibility. This program, whether established by the NRC or contracted for through another agency may include the following subjects: counseling on tax issues related to retirement, discussions on health problems related to retirement, explanation of social security benefits, explanation of federal health care benefits, as well as any other public health care programs, aspects of senior citizenship, such as wills and estates, and explanations of Federal life insurance benefits as well as life insurance problems associated with the transition between a work and a leisure environment.

33.2 RETIREMENT INFORMATION UPON SEPARATION Each employee who retires will be given an OPM retirement brochure. Upon request, each employee who separates voluntarily or involuntarily (except by retirement) will be informed by the NRC as to their rights to file for disability retirement, the possibility of applying for a discontinued service annuity and eligibility for deferred annuity at age 62.

33.3 WITHDRAWAL OF A RESIGNATION/RETIREMENT APPLICATION An employee may withdraw a resignation or an application for retirement before its effective date provided the withdrawal is communicated in writing to the employees supervisor. In accordance with the OPM Retirement Handbook and 5 CFR §715.202, NRC may decline a request to withdraw a resignation or an application for re-tirement when it has valid reason and explains that reason to the employee. NRC will notify OPM if it approves an employees request to withdraw their retirement application.

33.4 REQUEST FOR ANNUITY INFORMATION Upon written request, any employee will be provided with a calculation of their annuity entitlement within 15 workdays of submitting the request, if practicable.

33.5 UNION NOTIFICATION The NRC agrees to notify Chapter 208 within 20 workdays after the date that any bargaining unit employee terminates their employment.

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Article 34 Repayment of Student Loans NRC/NTEU Collective Bargaining Agreement Article 34 Repayment of Student Loans 34.1 POLICY AND PROVISIONS To the extent the agency is authorized to do so and to the extent it allocates funds for this purpose, the agency will establish a Repayment of Student Loan Program that includes the following:

34.1.1 The student loan repayment program is to recruit or retain highly qualified professional, techni-cal or administrative personnel.

34.1.2 The NRC can repay all or part of any outstanding federally insured student loan up to $10,000 per year per employee. The total amount per employee cannot exceed $60,000. Employees participating in the program must remain with the agency for at least three years.

34.1.3 Employees who voluntarily leave government, or who are dismissed because of misconduct or poor performance, must reimburse the agency for their loans. The NRC has the discretion to waive this repayment.

34.1.4 Consistent with applicable law and regulation, the NRC will establish a system for selecting employees to receive student loan repayments to include:

34.1.4.1 Written Determination: Loan repayments must be based on a written determina-tion that, in the absence of offering loan repayment benefits, the agency would encounter difficulty, either in filling the position with a highly qualified candidate, or retaining a highly qualified employee in that position.

34.1.4.2 Recruitment: Each determination for recruitment purposes (including the amount to be paid) must be made before the employee actually enters on duty in the position for which they were recruited.

34.1.4.3 Retention: Payments authorized in order to retain an employee must be based upon a written determination that the high or unique qualifications of the employ-ee or special need of the agency for the employees services makes it essential to retain the employee, and that, in the absence of offering student loan repay-ment benefits, the employee would be likely to leave for employment outside the Federal service. This determination must be based on a written description of the extent to which the employees departure would affect the agencys ability to carry out an activity or perform a function that is deemed essential to the agen-cys mission.

34.1.4.4 Selection: When selecting employees to receive loan repayment benefits, the agency must adhere to merit system principles and take into consideration the need to maintain a balanced work-force in which women and members of racial and ethnic minority groups are appropriately represented in Government service.

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Article 35 Moves and Work Space Changes NRC/NTEU Collective Bargaining Agreement Article 35 Moves and Work Space Changes 35.1 SCOPE This Article covers changes to office space and physical moves of employees, including moves resulting from reorganizations. Other aspects of any reorganization will be subject to the notice and bargaining requirements of Article 42, Mid-term Bargaining.

35.2 WORK SPACE ASSIGNMENT 35.2.1 If an office or cubicle work station becomes vacant, only those employees who would receive a significant improvement in their work space will be eligible to move into the vacant space.

35.2.2 Significant improvement is defined as (1) moving from a cubicle to an enclosed office; (2) moving from an interior work space (cubicle or office) to a window work space (window or pa-tio cubicle office); (3) moving from an office or cubicle with a column to one without a column and that is of comparable or larger size; (4) a move which will result in a material improvement in the employees productivity; or (5) any other employee request that management and the Union mutually agree constitutes a significant improvement.

35.2.3 At the NRCs Regional Offices and the Technical Training Center, selection of vacant work space from among eligible employees will be conducted pursuant to the current procedures agreed upon by the Parties for that office. Any changes to these procedures are subject to agreement by the Parties, or if no agreement is reached, the Parties will bargain in accor-dance with Section 35.5, below.

At the NRCs Headquarters, the selection of vacant work space from among eligible employ-ees will be conducted pursuant to the following formula: (2.5 x Grade) + years of NRC service.

Years of NRC service will be calculated by adding the number of whole years of NRC service plus the number of residual days of NRC service divided by 366 days. NRC service will in-clude all time employed by the NRC, to include time served before a break in service. Any ties will be resolved based on employee years of Federal service (i.e. service computation date for retirement). If there are any remaining ties, they will be resolved using randomly generated numbers.

35.2.4 If an employee enters an organization through an individual personnel action (i.e., not as a result of a reorganization or general move), they shall be placed in the best and most appro-priate available office space that is not otherwise subject to assignment to another employee under the current procedures agreed upon by the Parties.

35.2.5 Absent work-related travel, an employee whose work and telework schedules cause them to be out of the office for 60% or more of the pay period for more than 90 consecutive calen-dar days is not entitled to choose a workstation. This workstation may not be the same each workday that the employee is in the office. This provision also applies to part-time employees whose work and telework schedules cause them to work in the office less than 40 hours4.62963e-4 days 0.0111 hours 6.613757e-5 weeks 1.522e-5 months each pay period.

35.2.5.1 The Agency is developing hoteling for some of the spaces used by staff described in 35.2.5. Hoteling is when an employee works from a workspace assigned for use by reservation on an as needed basis. Prior to the implementation of hotel-ing, the Agency will provide notice to the Union and an opportunity to bargain, in accordance with Section 35.5 of this Article. The Union will have 10 workdays from receipt from the Agency in which to invoke its right to negotiate the proposed 111

NRC/NTEU Collective Bargaining Agreement Article 35 Moves and Work Space Changes change(s). These negotiations will be conducted in accordance with Article 42, unless mutually agreed upon alternatives are established.

35.2.5.2 Until the Parties reach agreement referenced in 35.2.5.1, management will as-sign the employee a workstation after consultation with the Union.

35.2.6 An employee who is on rotation or detail for more than 90 consecutive calendar days is not entitled to retain an assigned work space at both the employees home office and the office at which the employee is serving the rotation or detail. However, the employee shall retain their assigned workspace at the home office unless the agency has demonstrated a need for the space. While such space is retained, it may be occupied by another employee if needed during the original employees absence. Consecutive calendar days shall be counted begin-ning when the employee begins the rotation or detail. Any extension of the rotation or detail, or any new rotation or detail to another office, shall also be counted towards the consecutive calendar days if the employee begins the extension or new detail or rotation within 20 calen-dar days of ending the prior rotation or detail.

35.3 MEETINGS Whenever management holds a formal meeting, as defined by 5 U.S.C. 7114(a)(2)(A), with employees con-cerning a move or reorganization, NTEU will be provided notice and an opportunity to attend and address employees in accordance with Article 4, Union Rights and Responsibilities, Section 4.3.

35.4 DUTY TIME A reasonable amount of duty time shall be granted to affected employees to meet with Union officials con-cerning matters under this Article. Employees must obtain management approval for such purposes and must submit their request in HRMS (Time and Labor) via the Leave/Additional Hours Request function. If a request for duty time for matters under this Article is denied, an explanation for the denial shall be provided.

35.5 UNION NOTIFICATION AND BARGAINING NRC agrees to notify the Union in writing of plans to move, and of changes in personnel policies and practices as the result of a move that is not otherwise specifically covered by the preceding sections of this Article. The NRC agrees to notify the Union of plans to relocate unit employees as soon as possible, but at least 15 days in advance of the proposed date of implementation. However, in the case of an operational necessity (i.e. during an emergency or consistent with the necessary functioning of the Agency), the Agency shall advise the Union in writing of the nature of the necessity and provide the Union with as much reasonable advance notice of the intended change as practicable, and the Union may pursue whatever course(s) of action as may be available under law, rule, or regulation.

Where appropriate, the following information will also be provided:

35.5.1 A description of the change, including any proposed floor plan; 35.5.2 An explanation of why the change is necessary; 35.5.3 An explanation of how the change will be implemented; 35.5.4 A description of adverse impact on bargaining unit employees which management anticipates; 35.5.5 A proposed date of implementation; 35.5.6 Management may provide, at its discretion, a listing of alternatives to the proposed action that were considered; and 35.5.7 The Union will have 10 workdays from receipt of notice from the Agency in which to invoke its right to negotiate the proposed change(s). These negotiations will be conducted in accordance with Article 42, unless mutually agreed upon alternatives are established.

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Article 36 Day Care NRC/NTEU Collective Bargaining Agreement Article 36 Day Care 36.1 DAY CARE FACILITY The NRC agrees to make a concerted effort to provide space for a day care facility in Headquarters. If the Agency proposes changes to the amount of space, it shall provide NTEU with notice and the opportunity to bargain, following the procedures set forth in Article 42 (Mid-term Bargaining). In accordance with GSA regulations, NRC employees will be provided priority for slots in any day care facility in NRC space.

36.2 CHILD CARE SUBSIDY The NRC will provide child care subsidies to employees in accordance with the parties Memorandum of Agreement.

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Article 37 Physical Fitness Activities NRC/NTEU Collective Bargaining Agreement Article 37 Physical Fitness Activities 37.1 POLICY AND PURPOSE Exercise and physical fitness activity contribute positively to the overall health and well-being of NRC staff. To encourage continued and increased employee participation in physical fitness activities and expand employ-ees options for such activities, employees may elect, subject to supervisory pre-approval, to schedule fitness activities for a period not to exceed 90 minutes during any part of the workday. Business needs that emerge prior to or during the scheduled fitness activity will take priority, and participation in such activities must not ad-versely interfere with work requirements or agency operations. Both supervisors and employees must consider this when scheduling physical fitness activities.

37.2 PROCEDURES AND GUIDANCE 37.2.1 Time taken for these activities is to be made up at the beginning and/or end of that same work-day or utilizing approved leave.

37.2.2 Employees must continue to comply with appropriate Federal time and attendance controls, and ensure that such absences from the worksite for physical fitness activities are properly recorded and reviewed by their supervisor.

37.2.3 Engaging in a physical fitness activity under this Article does not require employees to go to a fitness facility or participate in any organized program.

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Article 38 Health and Safety NRC/NTEU Collective Bargaining Agreement Article 38 Health and Safety 38.1 SAFE AND HEALTHY ENVIRONMENT NRC will provide a safe and healthy environment for employees in accordance with the standards of the Occu-pational Safety and Health Administration which are applicable to office building structures.

38.1.1 The NRC will establish Joint Labor-Management Occupational Safety and Health Committees to function as described in Section II.D of NRC Management Directive (MD) 10.130, dated August 14, 2015.

38.1.2 In establishing Committees in each region, the Technical Training Center (TTC), and at NRC Headquarters, each party will have two representatives, unless the parties decide to increase the number by mutual agreement. NTEU will select its representatives for the Committees.

38.2 REPORTING OF UNSAFE CONDITIONS Employees are encouraged to report any unsafe or unhealthy practice, equipment or condition which might represent a health and safety hazard to the proper officials as described in NRC MD 10.130 and to the Union.

The Union, if so notified, agrees to promptly relay all such complaints to the NRC. Once the NRC has been no-tified of a potential health or safety problem, the NRC will invite the Union to participate in any formal meetings about the potential problem. The NRC agrees to keep the Union apprised of efforts to resolve the problem.

38.3 EMPLOYEE RIGHT TO FILE A GRIEVANCE If an employee believes that work is being required under conditions which are unsafe or unhealthy beyond the normal hazards inherent in the operations in question, they have the right to file a grievance.

38.4 EMPLOYEE DEPARTURE DUE TO UNSAFE OR UNHEALTHY CONDITIONS When there is exposure to an unsafe or unhealthy condition which requires immediate solution and it is not possible to obtain NRC concurrence beforehand, then the employee may, at their discretion, leave the duty station, notify the NRC, and hold themselves available for work under appropriate working conditions. The par-ties recognize and agree that an employees departure from the station without supervisory approval will occur only for unusual situations of extreme hazard. This provision does not intend to sanction insubordination or an action which would constitute a violation of 5 U.S.C. §7311 and 18 U.S.C. §1918, which prohibit strikes. The parties further recognize that the action of any employee in leaving the duty station based on an alleged safety or health hazard without supervisory approval will be reviewed by NRC to assure that such action was reason-able under the circumstances of the case. Any employee found to take such action without reasonable cause may be subject to disciplinary action and/or the facts of the case may be referred to the Department of Justice for prosecution under 18 U.S.C. §1918.

38.5 ANNUAL BUILDING INSPECTIONS Each office building occupied by bargaining unit employees will be inspected for health and safety at least annually. More frequent inspections may be conducted in all workplaces where there is an increased risk of injury, illness, or accident due to the nature of the work performed therein. A union representative from the Joint Committee will be given an opportunity, on official time, to accompany the NRC Safety Inspector on initial inspections and any official NRC follow-up inspections.

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NRC/NTEU Collective Bargaining Agreement Article 38 Health and Safety 38.6 POSTING OF EVACUATION PLANS In each principal office building occupied by NRC employees, there will be posted in a conspicuous location, a diagram showing the proper means of evacuating that building in the event of an emergency.

38.7 HEALTH SERVICES OR FIRST AID 38.7.1 Adequate first aid supplies shall be readily available in each NRC location (i.e., Headquarters, Regional offices, TTC and resident inspector offices) which is an official duty station. The NRC will maintain first aid supplies and will inform employees as to where the supplies are located.

38.7.2 Subject to budgetary constraints, health services will be provided to employees in accordance with NRC MD 10.122, Employee Health Services Program.

38.7.3 The NRC will continue its current practice of encouraging and publicizing the availability of Cardiopulmonary Resuscitation Training (CPR). The names of all employees who are trained in CPR will be communicated to all employees.

38.8 EMPLOYEE HEALTH MAINTENANCE EXAMS The NRC will attempt to provide employee health maintenance examinations, and appropriate examination for diabetes, high blood pressure, colon/rectal cancer, cancer screenings, hearing and vision, tuberculin test, im-munization, and allergy shots. It is understood, however, that NRC may be constrained for budgetary reasons or by space limitation.

38.9 ASSISTANCE FOR INCAPACITATED EMPLOYEES When an employee is incapacitated by illness while working at an NRC facility, a manager or an employee will, to the extent feasible, contact appropriate emergency services or assist the employee in making other arrange-ments to return home.

38.10 AVAILABILITY OF HEALTH PLAN INFORMATION NRC shall notify employees and the Union as to where employee health plan information is available on the internet, with a link to this site.

38.11 NOTICE OF EXPOSURE As soon as NRC is made aware that any employee may be exposed to any toxic or hazardous substance list-ed in OSHA Standard 1910.1000 in an amount or for a period of time that may exceed the ceiling value or time weighted average set forth for that substance in Standard 1910.1000, the affected employee will be notified.

The notice will include any warning statements which NRC has received from the manufacturer of the sub-stance or the organization which is responsible for the exposure.

38.12 SMOKING RESTRICTIONS In accordance with government-wide regulations and in recognition of the adverse health effects associated with second hand smoke, the NRC shall restrict smoking to designated areas outside of NRC buildings. The parties will negotiate changes in the determination of designated areas for each NRC building in accordance with the procedures of Article 42, Midterm Bargaining.

38.13 SAFETY EQUIPMENT An employee may request that the Agency provide appropriate safety equipment, e.g., a hard hat, safety shoes, safety glasses, hearing protection, etc. If the employees request is denied, such denial will be provided in writing and explain the basis for the denial.

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Article 38 Health and Safety NRC/NTEU Collective Bargaining Agreement NRC will furnish to the Union a copy of all health and safety reports it is required to file with any other Federal agency, simultaneously with the filing of such reports. NRC will not, however, furnish to the Union copies of any report of motor vehicle accidents or accident giving rise to compensation claims.

38.15 ELEVATOR SHUTDOWN The parties agree that any elevator in any NRC building which malfunctions to the extent that individuals have been trapped in the elevator car shall be shut down and shall not be used by employees until the elevator has been rendered operative.

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Article 39 Parking NRC/NTEU Collective Bargaining Agreement Article 39 Parking 39.1 FEDERAL REGULATIONS Assignment of parking spaces available to NRC will be governed by applicable OMB and GSA regulations.

39.2 PARKING CHANGES Should the number of parking spaces available to NRC substantially increase during the duration of this Agree-ment, or for any proposed changes in parking policies or parking rates, the Union may reopen this Article within a reasonable time unilaterally by written notification. Negotiations would be limited to the facility where the change occurs.

39.3 OFFICE RELOCATION The NRC has determined that when an office that has provided free or subsidized NRC employee parking is being relocated, the NRC will include equivalent parking in the request for space submitted to GSA. Additional-ly, the NRC shall file a request for ample NRC parking with all applications for leased space submitted to GSA.

39.4 ALLOTMENT OF PARKING SPACES The following procedures shall govern the allotment of parking spaces at the NRC Headquarters locations for spaces not required for official needs.

39.4.1 The parties agree that parking permits shall be dispensed based upon five separate prior-ity groupings of employees: employees with disabilities, executives, carpools, Operations Officers, and single occupant vehicles. The parties further agree that the number of parking spaces set aside for executives shall not exceed 55 and that persons applying for a space reserved for employees with disabilities must produce medical evidence concerning how their disability impacts on mobility. In the event the agency must exceed the 55 space allocation, it will negotiate the impact and implementation of the decision. The parties agree that parking permits shall be approved on a six month (semi-annual) basis. Those employees eligible for parking permits will be issued a single occupant vehicle parking permit annually, provided their payments are current. Payment of parking fees will be made through payroll deduction.

39.4.2 The parties agree that a carpool means a group of two or more persons, the principal mem-ber of which is an employee of NRC and who regularly uses motor vehicle for transportation to and from work on a continuing basis. The relationship of carpool members to each other is irrelevant. All members of a carpool must complete and sign a form giving their name, home address, work address, and work and home telephone numbers. The NRC shall review this information to assure that carpools have at least 2 individuals participating.

39.4.3 Parking spaces available for employee parking permits will be allocated in the following order of priority:

39.4.3.1 employees with disabilities 39.4.3.2 executives (a maximum of 55) 39.4.3.3 carpools and vanpools 39.4.3.4 Operations Officers 39.4.3.5 single occupant vehicles All parking permits which are not dispensed to NRC employees under categories 39.4.3.1 through 39.4.3.5 will be dispensed under the criteria described in Section 39.4.4.

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NRC/NTEU Collective Bargaining Agreement Article 39 Parking 39.4.4 All applicants for single occupant vehicle parking spaces at an NRC Headquarters location shall be issued parking permits in order of their service time with the NRC/AEC, with employ-ees having greater service time appearing at the top of the list. Employees that have AEC service time and/or prior periods of NRC service must provide documentation of that service time with their application if they want that service time credited toward parking priority.

39.4.5 A waiting list for parking will be maintained of employees (including new employees and those transferring into Headquarters) who submit a timely application. The waiting list will be main-tained in the same order as listed in 39.4.3. As space become available (e.g., through retire-ments or transfers), employees will be offered available spaces on a monthly basis based on their position on the waiting list.

39.4.6 Additional spaces may also be made available for parking permits through a reduction in the number of spaces available for daily parkers. A maximum of 25 spaces will be reserved for daily parkers.

39.4.7 To the extent practicable, the agency will offer employees a permit for motorcycle parking (lim-ited to areas designated for motorcycle parking) at one-half of the rate for single- occupancy vehicles.

39.4.8 If a representative of NTEU needs to attend a meeting to conduct representational business, NTEU may request visitor parking for that representative. Such visitor parking can be ar-ranged, on a first-come, space available basis, free of charge for representatives of NTEU.

NTEU must request such parking through the Agencys visitor request system the day before the scheduled meeting to permit adequate notification to the operator of the parking garage.

All visitors must be escorted while in the building.

39.4.9 The agency will notify NTEU, as soon as practicable, of any significant reduction in the num-ber of single occupant vehicle parking permits available to employees.

39.5 PARKING PROCEDURES NRC employees who receive a parking permit will be provided with the rules and procedures pertaining to their garage, including the criteria for designation of reserved spaces. Any changes to the rules and procedures will be provided to the NTEU for negotiation, as appropriate.

Employees are responsible for properly displaying their parking permit. Vehicles without properly displayed permits may be treated as unauthorized vehicles by the parking operator. Failure to follow parking rules and procedures may result in suspension or termination of parking privileges.

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Article 40 Travel NRC/NTEU Collective Bargaining Agreement Article 40 Travel 40.1 APPLICATION OF FEDERAL TRAVEL REGULATION No employee is entitled to reimbursements that are not permitted pursuant the Federal Travel Regulation (FTR).

40.2 SCHEDULING OF TRAVEL The NRC agrees to schedule, to the maximum extent practicable, all employee travel to occur during the normal duty hours of the employee traveler. If circumstances require the employees presence on Monday too early to permit travel on that day, the employee may request permission to travel on the preceding Friday in lieu of traveling on Sunday. The supervisor will grant or deny the request subject to workload considerations. If Friday travel is approved, subsistence reimbursement will be allowed to start with the departure time but will be limited to that which would have been payable if the employee traveled on Sunday.

Employees who are required to travel outside their normal duty hours shall, upon request, receive from the approving official or their supervisor a written explanation as to why such travel is required.

40.3 IMPACT OF THE FAIR LABOR STANDARDS ACT ON OFFICIAL TRAVEL For employees who are exempt from the Fair Labor Standards Act (FLSA), time spent in travel status away from the employees official duty station is considered duty time and the employee is entitled to be paid at the appropriate rate. Time spent in travel status away from the employees official duty station outside the days and hours of the employees basic or extended workweek is considered duty time and consistent with 5 U.S.C.

5542, the employee is entitled to be paid at the appropriate rate of premium pay when such travel is officially ordered or later approved and the travel:

40.3.1 involves the performance of actual work while traveling; or 40.3.2 is incident to travel that involves the performance of work while traveling; or 40.3.3 is carried out under arduous conditions; or 40.3.4 results from an event which could not be scheduled or controlled administratively, that is, re-sults from unforeseen circumstances or an event which is scheduled or controlled by someone or some organization outside the Executive Branch of the Federal Government.

For employees covered by the FLSA, time spent in travel status away from the employees official duty sta-tion will be considered hours of work where an employees travel satisfies the conditions included in 5 C.F.R.

551.422.

40.4 OFFICIAL DUTY STATION For the purposes of this Article, official duty station is defined as the location where the work activities of the employees position of record are based., i.e. the official duty station designated by the Agency on the employ-ees SF-50.

40.5 TRAVEL ADVANCES

ravelers are authorized to take cash advances from their travel charge card to meet their authorized out-of-T pocket expenses.

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NRC/NTEU Collective Bargaining Agreement Article 40 Travel 40.6 TRAVEL REIMBURSEMENT The NRC agrees to reimburse employees in accordance with the FTR and NRC Management Directive 14.1, Official Temporary Duty Travel.

40.7 ACTUAL SUBSISTENCE EXPENSES Actual subsistence expenses up to the maximum permitted by law will be allowed when the travelers condi-tions meet the requirements established by the FTR and NRC MD 14.1.

40.8 USE OF PRIVATELY-OWNED VEHICLE To the extent provided by law and regulation, an employee will have the option to use a privately-owned ve-hicle for official travel. When the law or regulation authorizes the use of a privately-owned vehicle for official business, the employee providing such vehicle will be reimbursed at the maximum rate allowable by applicable law and Government-wide regulation.

When an employee is delayed while in official travel status by reason of the breakdown of a privately-owned vehicle, the use of which was determined to be advantageous to the Government, their per diem allowances will not be reduced and the period of delay will not be charged to leave if the period of delay was reasonable and the travelers action following the breakdown accords with administrative instructions or was administra-tively approved.

hen an employee is authorized to use a privately-owned vehicle for official business and that vehicle sustains W

damage, the employee may file a claim in accordance with 31 U.S.C. 3721.

40.9 VOLUNTARILY RETURNING TO PERMANENT DUTY STATION WHILE ON TRAVEL When an employee voluntarily returns to their permanent duty station on non-workdays during a TDY assign-ment, the maximum reimbursement for round trip transportation and per diem or actual expense is limited to what would have been allowed had they remained at the TDY location.

40.10 ILLNESS DURING TRAVEL STATUS When the employee in a travel status becomes ill or is injured not due to their own misconduct and is expect-ed to remain so for any significant length of time, NRC will pay per diem normally not to exceed 14 days and transportation in connection with returning that employee to their home or normal post of duty area as promptly as possible. However, NRC may approve a longer period as it deems necessary under the circumstances in a particular case.

40.11 LOCAL TRAVEL The cost to the employee of any local travel required for official purposes shall be reimbursed by the Agency to the extent permitted by the FTR.

When an employee drives for official purposes from their residence to their local travel destination and/or from their local travel destination to their residence, the employee will be reimbursed for their mileage to the extent permitted by the FTR.

40.12 TRAVEL REGULATION Links to the FTR and NRC MD 14.1, Official Temporary Duty Travel, relevant negotiated agreements (including the MOU on eTravel), and other documents relating to travel policies (including yellow announcements will be available on the NRC website). Employees should direct all inquiries regarding travel authorizations and vouchers to the Financial Services and Operations Branch, Division of the Comptroller, Office of the Chief Fi-nancial Officer. In addition, the NRC shall advise employees through Agency-wide announcements of revisions to NRC MD 14.1 or of any other significant changes in travel laws or regulations, which shall be permanently posted on the Agency website.

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Article 40 Travel NRC/NTEU Collective Bargaining Agreement 40.13 NOTICE OF A DIFFERENCE BETWEEN TRAVEL VOUCHER CLAIM AND REIMBURSEMENT AMOUNT The NRC agrees to notify the employee within 10 work days from the date of receipt by the Administrative Re-sources Center, Bureau of the Fiscal Service, Department of the Treasury of their travel voucher if any claims cannot be paid in full. Such time shall be automatically extended if the employee furnishes additional informa-tion to supplement the travel voucher. Such notification shall be shown in the voucher and shall clearly identify the NRCs basis for denial. If, after being notified that a claim cannot be paid in full, the employee submits additional information to support the claim, NRC shall notify the employee within a reasonable period of time whether such additional information is sufficient to support the payment of the claim in full.

If at any time an apparent overpayment on a travel voucher is discovered, the Agency shall notify the employee and, if appropriate, request the employee to submit additional information to support the amounts previous-ly claimed and paid on the travel voucher. If the Agency determines that there is still an overpayment to the employee after the review of the additional information, or absent submission of additional information, the employee may request a waiver in whole or in part of the overpayment, consistent with applicable laws and regulations. Such a request may be made if the employee agrees with the Agencys determination but believes that extenuating circumstances exist to warrant a waiver. The NRC may grant the waiver of overpayment only if it determines that collection of the overpayment from the employee would be against equity and good con-science and not in the best interest of the United States.

For claims without overpayment, where the employee agrees with the NRC determination but still believes that extenuating circumstances exist to support their claim, the employee may, consistent with applicable laws and regulations, submit a claim for adjudication to the Civilian Board of Contract Appeals with a copy of the claim to the Agency. Such claims are neither grievable nor arbitrable.

If the employee disputes the Agencys determination on any travel voucher claim, the employee may, con-sistent with applicable laws and regulations, submit a claim for adjudication to the Civilian Board of Contract Appeals with a copy to the Agency. Such claims are neither grievable nor arbitrable.

40.14 REIMBURSEMENT FOR PARKING The NRC will, to the fullest extent permitted by law and regulation, reimburse employees for reasonable park-ing expenses when the employees use of their vehicle on official business has been approved. Such reim-bursement does not cover the employees normal everyday parking expenses.

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Article 41 Labor Management Relations and Partnership Committees NRC/NTEU Collective Bargaining Agreement Article 41 Labor Management Relations and Partnership Committees 41.1 ESTABLISHMENT OF PARTNERSHIP COMMITTEES The Parties have established Labor-Management Relations Partnership Committees to provide the Union with an opportunity to provide pre-decisional input on matters outside the statutory scope of bargaining and to address issues of concern not covered by this Agreement. Within 60 days following the effective date of this Agreement, the Parties will meet to review existing charters, ground rules and guidelines regarding the opera-tions of these committees, and make such changes as they deem necessary. These committees are intended to supplement, not replace, the parties statutory obligations.

41.2 SUBCOMMITTEES The Parties agree to establish subcommittees to deal with specific areas of concerns requiring additional fo-cus, including:

41.2.1 The Joint Labor-Management Occupational Safety and Health Committee established under Section 38.1.1; and 41.2.2 An EEO subcommittee to discuss EEO-related matters, including the Affirmative Action Plan and the Upward Mobility Plan. This subcommittee will have access to relevant data, including the data currently provided to the Agencys EEO Advisory committees and data concerning the Anti-Harrassment Program.

41.3 JOINT LABOR/MANAGEMENT DAY CARE COMMITTEE The NRC and NTEU agree to establish a joint Labor-Management Day Care Committee. The Committee shall be composed of 8 headquarters employees; one-half will be appointed by the Union and one-half by the NRC.

One member representing the Union and one representing NRC will be appointed for a 2 year term. The re-maining members will be appointed for a term of 1 year.

41.3.1 Selection of Chairperson and Vice Chairperson The chairperson and vice-chairperson will be selected from among committee members, and their selection will be made by the Union and management on a rotating annual basis. The first year the chairperson will be selected by the party who wins a toss of the coin, and the vice-chairperson will be selected by the party losing the toss. In the second year, the selecting parties will be reversed, and so on.

41.3.2 Committee Function The function of the committee will be to jointly advise management and NTEU on matters con-cerning day care facilities (both on site and off site).

41.3.3 Notice of Committee Role and Function Following the appointment of committee members, the agency will issue a joint announcement concerning the committees role and function.

41.3.4 Recommendation of Day Care Committee The committee may submit recommendations on matters concerning day care options jointly to the Director, Office of Human Resources and NTEU as it (the committee) deems appropriate.

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Article 42 Mid-term Bargaining NRC/NTEU Collective Bargaining Agreement Article 42 Mid-term Bargaining 42.1 APPLICATION The NRC or the Union may wish to negotiate proposed changes created by new laws, changes in existing laws or the agencys desire to establish or change any personnel policy, practice or condition of employment. Notice and bargaining over such changes will be conducted pursuant to the terms of this Article. Term contract negoti-ations and mid-term contract reopeners are conducted in accordance with Article 57, Duration and Termination of Contract.

The Union recognizes that the Agency has the right to exercise management rights as set forth in the Statute during the life of this Agreement and, in accordance with applicable law, rule, regulation, and this Agreement, to initiate changes that may affect conditions of employment of bargaining unit employees, including changes in personnel policies or practices or other matters affecting working conditions not covered by this Agreement.

The Agency recognizes that the Union has the right to bargain over the substance of negotiable changes in personnel policies and working conditions, the procedures which the Agency will observe in exercising man-agement rights, and/or appropriate arrangements for employees adversely affected by the exercise of the Agencys management rights. This in no way waives any of the Unions rights to negotiate to the maximum extent allowable by law nor does it require the Agency to bargain the substance of permissive subjects of bar-gaining.

42.2 NOTICE When the NRC wishes to change any personnel policy, practice, or condition of employment not covered or controlled by the terms of this Agreement, the NRC will notify the President of NTEU Chapter 208, in writing.

This notice will be sent to the Union at least 15 workdays prior to the proposed date of implementation; how-ever, in the case of an operational necessity (i.e. during an emergency or consistent with the necessary func-tioning of the Agency), the Agency shall advise the Union in writing of the nature of the necessity and provide the Union with as much reasonable advance notice of the intended change as practicable, and the Union may pursue whatever course(s) of action as may be available under law, rule or regulation.

This notice will include the following:

42.2.1 A description of the change; 42.2.2 An explanation of why the change is desired or required; 42.2.3 An explanation of how the change would be implemented; 42.2.4 A description of probable impact on employees, if appropriate; and 42.2.5 An indication of the specific date (if any) the Agency intends to implement the proposed change.

The Union will have 10 workdays from receipt of notice from the Agency in which to invoke its right to negotiate the proposed change(s). These negotiations will be conducted in accordance with Section 42.3, unless mutual-ly agreed upon alternatives are established.

42.3 GROUND RULES The ground rules for bargaining covered by this Article are:

42.3.1 Negotiations shall occur during regular administrative work days. The schedule for bargain-ing will be by mutual agreement. However, unless mutually agreed otherwise, the Parties will normally meet and begin bargaining within 10 work days after receipt by the Agency of the Unions request to bargain.

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NRC/NTEU Collective Bargaining Agreement Article 42 Mid-term Bargaining At the Unions request, the first bargaining session will begin with a management briefing on the proposed change. The Union must submit written proposals no later than the second bar-gaining session, if more than one bargaining session is required to reach agreement. Except when required by operational necessity, the Agency will not implement the proposed change prior to completing bargaining. Operational necessity will only be invoked during an emergen-cy or when consistent with the necessary functioning of the Agency. If the Agency implements a change due to operational necessity prior to the completion of bargaining, bargaining will continue on an expedited basis and the resulting agreement will be implemented as agreed upon. Both parties will cooperate in scheduling bargaining sessions and will not delay the bargaining process. It is expected that bargaining in most circumstances should be completed prior to the anticipated implementation date.

Where the Union has had pre-decisional notice and the opportunity to discuss the matter in a pre-decisional forum, the Union will submit written proposals within 10 work days from the date of receipt of the formal notification.

The initiation of proposed changes by the Agency under this Article shall not preclude either Party from submitting proposals or counterproposals related to the change during the course of negotiations.

42.3.2 The NRC will provide a site for negotiations, if feasible. If not, negotiations will take place at a mutually agreed upon site.

42.3.3 The parties agree that proposed changes which apply on a nationwide basis shall be negotiat-ed at the NRC Headquarters Offices.

42.3.4 Upon mutual agreement, proposed changes which apply only within one Region will be nego-tiated at that Regional Office. If during negotiations, it becomes apparent that the issue has generic implications or an additional region or headquarters will be affected, negotiations may stop and be reopened under 42.3.6.

42.3.5 Proposed changes which apply only to the NRC Headquarters Offices will be negotiated at NRC Headquarters.

42.3.6 Proposed changes which apply to more than one Regional Office or to the Headquarters and one Regional Office--but are less than nationwide in application will be negotiated at NRC Headquarters.

42.3.7 The number of employees representing the Union for whom official time is authorized under this Section shall not exceed three (3) employees. In circumstances where an exclusively re-gional matter being negotiated affects more than one (1) region, the NRC shall pay travel and per diem for one (1) regional Union official, for one (1) single or multi-day session, in accor-dance with NRC travel regulations. In situations where there is a nationwide matter that has greater impact on regional employees, the agency will pay travel and per diem for no more than one (1) regional Union official as specified above. Disagreements as to payment of travel and per diem in these instances shall not serve to delay the negotiations.

42.3.8 All time spent in bilateral negotiations on these issues, including caucuses and impasse reso-lution processes, shall be official time for the Union representatives.

42.4 IMPASSES Either party may request the assistance of the Federal Mediation and Conciliation Service (FMCS) to resolve an impasse in bargaining. Upon certification by the Federal Mediation and Conciliation Service of an impasse between the parties in connection with these negotiations, the dispute shall be forwarded to the Federal Ser-130

Article 42 Mid-term Bargaining NRC/NTEU Collective Bargaining Agreement vice Impasses Panel (FSIP) for resolution. Either party may unilaterally request of the FSIP special expedited procedures including arbitration in settlement of these impasses. The FSIP will determine which, if any, special expedited procedures will be used.

42.5 AGREEMENTS 42.5.1 All agreements are tentative until confirmed in writing. Unless otherwise agreed, agreements reached will be reduced to writing and executed by both Parties, and will set forth an effective date and duration (even if indefinite). Such agreements are binding on the parties, subject only to statutorily required Agency Head review. Effective dates will not be set earlier than 31 days following signature by the parties, to allow for Agency Head review; however, if Agency Head approval is obtained sooner, the Parties may agree to modify the effective date.

42.5.2 Agreements negotiated pursuant to this Article will be subject to Agency Head approval pursu-ant to 5 U.S.C. § 7114(c). In the event of disapproval, the Parties, by mutual agreement, may implement the provisions of the agreement that were not disapproved. If the Union elects to renegotiate the disapproved provisions of the agreement, or the entire agreement, it will notify the Agency within 15 work days after receipt of the Agency Heads disapproval. Proposals declared non-negotiable that are subsequently found to be negotiable will be timely negotiated at the request of either Party.

42.5.3 Copies of agreements executed pursuant to this Article will be made available to bargaining unit employees by posting on the Agencys intranet site. The agreement will be posted, and employees will be notified of the change and of the agreement, prior to the effective date.

42.6 INFORMATION REQUESTS Whenever the Union requests documents for the purpose of bargaining over changes in personnel policies, practices, or conditions of employment not otherwise covered by this Agreement, the time frame for the Union to respond shall be extended day for day, from the time the request is received until the NRC either denies the request or provides the documents, whichever is appropriate. This does not apply to information that has recently been provided to the Union or is readily available on Agency websites.

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Article 43 Access to Personnel Records NRC/NTEU Collective Bargaining Agreement Article 43 Access to Personnel Records 43.1 ACCESS TO RECORDS Each employee and/or the employees representative (designated in writing) shall, upon written request and proper identification, be granted access to any record(s) pertaining to the employee in accordance with the Pri-vacy Act or other applicable law or regulation. Such access will take place in the presence of the individual(s) having official custody of the record.

43.2 COPIES OF DOCUMENTS Copies of documents made available under Section 43.1 may be furnished to the employee and/or designated representative upon written request by the employee. Charges shall be in accordance with applicable regula-tions.

43.3 PRIVACY ACT Any record which is not available to the employee or their representative (designated in writing) for inspection and review will not be made available to any unauthorized person(s) for inspection, review, or duplication. Such information will be made available to authorized persons only for official use as provided for in the Privacy Act of 1974.

43.4 OFFICIAL PERSONNEL FOLDERS It is agreed that Official Personnel Folders (OPFs) and other personnel records will be maintained in accor-dance with applicable law and regulation, including the Privacy Act of 1974. The NRC will purge records in accordance with any standard set forth in law and regulation.

43.5 EMPLOYEE RECORDS MAINTAINED BY SUPERVISOR In the event a supervisor decides to maintain a work folder on an employee, it shall be limited to documents and records pertinent to the employees performance and conduct. Such document and records, both positive and negative, should be provided to the employee as feedback on a timely basis, in order to reinforce positive performance or conduct or to correct deficiencies as soon as possible. Any adverse document or record con-cerning performance or conduct may not be used as documentation for a performance rating or disciplinary/

adverse action, unless the employee has been given 5 work days to review and comment on the document or record prior to its use. This section does not apply to a supervisors personal notes or memory joggers.

Memory joggers are private notes retained and used for personal use of the manager to recall events or aid memory. Memory joggers may be prepared, retained or discarded at the managers discretion. Memory joggers shall not be provided to any person.

43.6 UNION REQUESTS FOR DOCUMENTS The following governs Union requests for documents under 5 U.S.C. 7114(b)(4).

43.6.1 NRC agrees to provide the Union documents appropriately requested under 5 U.S.C. 7114(b)

(4) to the extent consistent with law or regulation, including the Privacy Act. The Union will be advised by NRC within ten calendar days of receipt of the request as to whether and to what extent the requested documents can be released. The Union will receive the documents within twenty-five (25) calendar days of the request. Exceptions to the 25 day requirement shall be granted by the Union for good cause shown.

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Article 44 Disciplinary Actions NRC/NTEU Collective Bargaining Agreement Article 44 Disciplinary Actions 44.1 DEFINITION This Article covers suspensions of fourteen days or less, letters of reprimand and memorandum of admonish-ment.

44.2 EXCLUSION FOR ORAL AND WRITTEN COUNSELING Oral and written counseling are not considered discipline, and are therefore not covered under this Article. The purpose of oral and written counseling is to address misconduct where appropriate at the least severe level (i.e. without discipline). Although oral and written counseling are not considered a first disciplinary offense under this Article, they may be used to show that an employee was put on notice of the misconduct and/or in-formed of the agencys rules and expectations. Employees shall have the right to respond to written counseling in writing within ten (10) workdays, and any such response shall be kept in the agencys files with the original written counseling. Written counseling will be removed from all agency files in accordance with applicable re-cord retention law.

44.3 PROGRESSIVE DISCIPLINE The parties recognize that disciplinary actions should normally be progressive in nature if they are to correct an offending employee. However, discipline need not follow any specific sequence. Major offenses may be cause for severe action, including removal, irrespective of whether previous discipline had been taken against the of-fending employee. The degree of discipline administered will be proportionate to the offense, and consistent for like offenses, and will be considered on a case-by-case basis. The Agency will consider the existence of any aggravating and/or mitigating circumstances, the nature of the position occupied by the employee at issue, and any other factors bearing on the incident(s) or act(s) underlying the action.

44.4 COPIES OF EVIDENCE DOCUMENTS An employee who is the subject of a disciplinary action under this Article will be furnished a copy of the materi-als relied upon to support the reasons for the proposed disciplinary action.

44.5 FAVORABLE INFORMATION IN INVESTIGATIVE REPORTS If the proposed disciplinary action is based on an investigative report(s), the portions of the report(s) which relate to the proposed disciplinary action and are favorable to the employee will be furnished to the employee upon request.

44.6 ARBITRATOR REQUEST FOR DOCUMENTS If it is demonstrated to an arbitrator that favorable information described in Section 44.5 can be made available but has not been furnished by the NRC, upon request of the arbitrator, the complete report will be furnished to the arbitrator for an in camera inspection, except such portions of the report which contain classified, propri-etary or other information, the disclosure of which is restricted by law.

44.7 NOTIFICATION OF SUSPENSION OF 14 DAYS OR LESS 44.7.1 When the NRC proposes a suspension of 14 calendar days or less, the employee is entitled to:

44.7.1.1 an advance written notice of at least 15 calendar days stating the specific rea-sons for the proposed action; 44.7.1.2 reasonable time; but no less than 7 calendar days from receipt of the advance written notice to answer orally or in writing and to furnish affidavits and/or other documentary evidence in support of the answer; 135

NRC/NTEU Collective Bargaining Agreement Article 44 Disciplinary Actions 44.7.1.3 a copy of the materials relied upon to support the reasons for the proposed suspension; 44.7.1.4 be represented by a Union representative; 44.7.1.5 a reasonable amount of duty time to prepare and present their oral and/or written response; and 44.7.1.6 a written decision and the specific reasons therefore at the earliest practicable date.

44.7.2 Where an employee chooses to make an oral reply, the reply will be heard by an official or designee at a higher level than the one who proposed the action.

44.7.3 The final decision in any action covered by this Section must be made by a higher level official or designee other than the one who proposed the action, except that if the proposing official is at the Office Director or higher, the decision may be made by another official at the same level or higher. The final decision letter will contain the specific reasons for the decision and will be issued at the earliest practicable date after receipt of the employees oral and/ or written reply or after the date that such reply would have been due. The decision shall inform the employee of their appeal rights.

44.7.4 The NRC shall prepare a summary of any oral reply. The employee and their representative will be provided a copy of the summary within 6 work days of the oral reply. The employee will have 2 work days to respond with any corrections or clarifications, which will be considered prior to the issuance of the final decision.

44.7.5 In arriving at their written decision the deciding official shall consider only the reasons spec-ified in the notice of proposed action and shall consider any reply of the employee or their representative. If, in arriving at their decision, the deciding official considers and intends to rely upon documents not previously known or relied upon by the proposing official, those docu-ments must be given to the employee prior to issuance of the decision. The employee will be permitted a reasonable amount of time to review and respond to this material. Alternatively, management may choose to re-propose an action. The deciding official shall deliver the notice of decision to the employee at or before the time the action will be effective.

44.7.6 The decision of the deciding official may be appealed by NTEU pursuant to Article 47, Arbitration Procedures.

44.8 COPIES An employee shall be provided a second copy of the notice of proposed action and the final decision to be provided to their Union representative.

44.9 REPRIMANDS OR ADMONISHMENTS 44.9.1 A letter of reprimand may remain in an employees official personnel folder for not more than 2 years from the date of the misconduct. Memoranda of admonishment may remain in an em-ployees official personnel folder for not more than 6 months from the date of the misconduct.

44.9.2 Although the reprimand or admonishment is removed from the employees Official Personnel Folder, the agency, pursuant to applicable record retention law, will retain the letter and relat-ed documentation in the official case file maintained by the Office of the Chief Human Capital Officer. However, once removed from the OPF, the Agency may not use this case file informa-tion when considering future discipline except to show that the employee was put on notice of misconduct and/or was informed of the agencys rules and expectations. An employee may re-quest to review the contents of this case file in accordance with applicable law and regulation.

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Article 44 Disciplinary Actions NRC/NTEU Collective Bargaining Agreement 44.9.3 An employee receiving a reprimand or admonishment will, upon request, be provided the ma-terial which is relied upon to support the reasons for the reprimand or admonishment.

44.9.4 A disciplinary action taken under this Section may be appealed only by filing a grievance pur-suant to Article 46, Grievance Procedures, of this agreement.

44.10 INFORMATION Every six months, the Agency will provide the NTEU Chapter President with a sanitized list describing bar-gaining unit disciplinary cases that were closed during the previous six months and the penalties that were imposed.

44.11 EMPLOYEE NOTIFICATION OF NO ACTION TAKEN If management, based on its own inquiry, or based on its review of an investigative report (e.g., an IG report) provided to them, determines that no action shall be taken against the subject(s) of the inquiry or investigation, it shall advise such employee(s) of that outcome within 30 days of managements determination of no action.

In this circumstance, an employee is one who had been informed that they are the subject of an inquiry or investigation. The letter will not be placed in the employees Official Personnel Folder (OPF) unless requested by the employee in writing.

44.12 ALTERNATIVE DISCIPLINE Alternative discipline is an effort, undertaken by the agency, to address employee misconduct using a method other than traditional discipline. Traditional discipline is most often a reprimand, suspension, change to lower grade, or removal based upon the employee having engaged in conduct that impacted the efficiency of the service. Alternative discipline is management taking a different course of action to address the misconduct.

44.12.1 Alternative discipline is an optional, non-traditional approach to employee discipline, which provides for a variety of corrective actions. The NRC and the Union encourage the use of alternative approaches to traditional disciplinary actions. The goal of such an approach is to positively change an employees conduct by offering an alternative means of correcting such conduct. The NRC will publicize to supervisors the benefits of alternative discipline.

Traditional discipline once effected shall not be combined with alternative discipline for the same incident and vice versa. Alternative discipline is offered solely at managements discre-tion. Under no circumstances is alternative discipline required to be used.

44.12.2 Alternative discipline may be offered at any point in the disciplinary process, including prior to the issuance of the proposal.

44.12.3 NTEU shall be invited to attend meetings between bargaining unit employees and the NRC where alternative discipline is being discussed.

44.12.4 NRC and NTEU agree that alternative discipline agreements are not precedential and are ex-cluded from information requests under 5 USC 7114 for the purpose of demonstrating prece-dent. Alternative discipline agreements will not be placed in the employees Official Personnel Folder (OPF). Once an alternative discipline agreement has been signed, a copy will be provided to NTEU.

44.12.5 Should the employee violate the alternative discipline agreement, the employee will be no-tified in writing of the violation and that the penalty for the violation as outlined in the alter-native discipline agreement will be effected. If the employee disputes whether a violation of the alternative discipline agreement occurred, the employee may file a grievance within ten (10) workdays of receipt of notification on only whether a violation of the alternative discipline agreement occurred. Where mutually agreed to, such disputes may be submitted to expedited arbitration.

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NRC/NTEU Collective Bargaining Agreement Disciplinary Actions 44.12.6 Any alternative discipline agreement will include a description of the alternative discipline which has been agreed to, and the retention period of the alternative discipline agreement in the Employers records.

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Article 45 Adverse Actions NRC/NTEU Collective Bargaining Agreement Article 45 Adverse Actions 45.1 DEFINITION This Article covers removals, suspensions, reductions-in-grade or pay, or furloughs for 30 calendar days or less which are taken to promote the efficiency of the service. Some adverse actions are disciplinary while oth-ers are not. The procedures set forth below will be used to effect both disciplinary and non-disciplinary adverse actions.

45.2 EXCLUSIONS The provisions of this Article do not apply to:

45.2.1 adverse actions taken against an employee who is serving a probationary or trial period under an initial appointment or a temporary employee (see Article 48);

45.2.2 suspension or removal under Section 7532 of 5 U.S.C.;

45.2.3 any action initiated under Sections 1215 and 7521 of 5 U.S.C.;

45.2.4 a reduction-in-force action; 45.2.5 a reduction in grade or removal under Chapter 4303, 5 U.S.C.;

45.2.6 emergency suspensions; or 45.2.7 disciplinary actions covered under Article 44 (suspensions of 14 days or less, letters of repri-mand or memorandum of admonishment), oral or written counseling (oral or written counsel-ing is not considered discipline or an adverse action, and is therefore not covered under this Article. Although not covered by this Article, such counseling may be considered when taking action under this Article.)

45.2.8 Oral and written counseling are not considered discipline, and are therefore not covered under this Article. The purpose of oral and written counseling is to address misconduct where appro-priate at the least severe level (i.e. without discipline). Although oral and written counseling are not considered a first disciplinary offense under this Article, they may be used to show that an employee was put on notice of the misconduct and/or informed of the agencys rules and expectations. Employees shall have the right to respond to written counseling in writing within ten (10) workdays, and any such response shall be kept in the agencys files with the original written counseling. Written counseling will be removed from all agency files in accordance with applicable record retention law.

45.3 PROGRESSIVE DISCIPLINE The parties recognize that disciplinary actions should normally be progressive in nature if they are to correct an offending employee. However, discipline need not follow any specific sequence. Major offenses may be cause for severe action, including removal, irrespective of whether previous discipline had been taken against the offending employee. Consistent with applicable law, in deciding what adverse action may be appropriate, the Agency will give due consideration to the relevance of an aggravating and/or mitigating circumstances. The fol-lowing factors, included herein for purposes of illustration, are meant to be neither exhaustive nor mechanically applied by management in exercising its discretion to selecting the appropriate penalty:

45.3.1 The nature and seriousness of the offense, and its relation to the employees duties, position, and responsibilities, including whether the offense was intentional or technical and inadver-tent, or was committed maliciously or for gain, or was frequently repeated; 139

NRC/NTEU Collective Bargaining Agreement Article 45 Adverse Actions 45.3.2 The employees job level and type of employment including fiduciary role, contacts with the public, and prominence of the position; 45.3.3 The employees past disciplinary record; 45.3.4 The employees past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability; 45.3.5 The effect of the offense upon the employees ability to perform at a satisfactory level and its effect upon the Employers confidence in the employees ability to perform assigned duties; 45.3.6 Consistency of the penalty with those imposed upon other employees for the same or similar offenses; 45.3.7 The notoriety of the offense or its impact upon the reputation of the Employer; 45.3.8 The clarity with which the employee was on notice of any rules that were violated in commit-ting the offense, or had been warned about the conduct in question; 45.3.9 Potential for the employees rehabilitation; 45.3.10 Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment or bad faith, malice or provocation on the part of the others involved in the matter; and 45.3.11 The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.

45.4 COPIES OF DOCUMENTS An employee who is the subject of an adverse action under this Article will be furnished a copy of the materials relied upon to support the reasons for the proposed adverse action.

45.5 FAVORABLE INFORMATION IN INVESTIGATIVE REPORTS If the proposed adverse action is based on an investigative report(s), the portions of the report(s) which relate to the proposed adverse action and are favorable to the employee will also be furnished to the employee.

45.6 ARBITRATOR REQUEST FOR DOCUMENTS If it is demonstrated to an arbitrator that favorable information described in Section 45.5 can be made available but has not been furnished by the NRC, upon request of the arbitrator, the complete report will be furnished to the arbitrator for an in camera inspection, except such portions of the report which contain classified, propri-etary or other information, the disclosure of which is restricted by law.

45.7 ADVERSE ACTION PROCEDURES When the NRC proposes to take an action covered by this Article, an employee against whom such an action is proposed is entitled to:

45.7.1 An advance written notice of at least 30 calendar days (unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed) stating the specific reasons for the proposed action and providing the employee with a copy of the materials relied upon to support the reasons in the notice of proposed adverse action.

45.7.2 A reasonable time, but not less than 7 calendar days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer.

The employee shall be provided with a reasonable amount of duty time to prepare and pres-ent their oral and/or written response.

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Article 45 Adverse Actions NRC/NTEU Collective Bargaining Agreement 45.7.3 Be represented by an attorney or other representative:

45.7.3.1 NRC may disallow as an employees representative an individual whose activities as a representative would cause a conflict of interest or position.

45.7.3.2 The rights of the Union under this Agreement shall not be construed to preclude an employee from:

(a) b

eing represented by an attorney or other representative, other than a Union representative of the persons own choosing; or

(b) exercising appellate rights established by law, rule, or regulation.

45.7.4 A written decision and the specific reasons therefore at the earliest practicable date. The deci-sion shall inform the employee of their appeal rights.

45.7.5 Where an employee chooses to make an oral reply, the reply will be heard by a higher level offi-cial or designee other than the one who proposed the action who will have the authority either to make or recommend a final decision on the proposed action.

45.7.6 The final decision in any action covered by Section 45.7 must be made by a higher level official or designee other than the one who proposed the action, except that if the proposing official is at the Office Director or higher, the decision may be made by another official at the same level or higher. The final decision letter will contain the specific reasons for the decision and will be issued at the earliest practicable date after receipt of the employees oral reply and/or written reply or after the date that such reply would have been due.

45.7.7 The NRC shall make a verbatim transcript for any oral reply under Section 7.7. The employee will be provided a copy of the transcript in those cases where the employee represents them-selves. In those cases where the Union serves as representative, the Union rather than the employee will be provided the copy of the transcript.

45.7.8 In arriving at their written decision the deciding official shall consider only the reasons specified in the notice of proposed action and shall consider any reply of the employee or their repre-sentative. If, in arriving at their decision, the deciding official considers and intends to rely upon documents not previously known or relied upon by the proposing official, those documents must be given to the employee prior to issuance of the decision. The employee will be permitted a reasonable amount of time to review and respond to this material. Alternatively, management may choose to re-propose an action. The deciding official shall deliver the notice of decision to the employee at or before the time the action will be effective; the notice shall advise the employee of their appeal rights, which includes an appeal by NTEU pursuant to Article 47, Arbitration Procedures, as specified in 45.7.9 below.

45.7.9 A non-preference eligible employee against whom an adverse action decision has been is-sued under the terms of Section 45.7 of this Article, who has two years of creditable service, may appeal the decision to the Merit Systems Protection Board, when appropriate, or may, with the consent of NTEU, appeal pursuant to Article 47, Arbitration Procedures, or any other procedure available under law.

A preference eligible employee against whom an adverse action decision has been issued under the terms of Section 45.7 of this Article, who has one year of creditable service, may appeal the decision to the Merit Systems Protection Board, when appropriate, or may, with the consent of NTEU, appeal pursuant to Article 47, Arbitration Procedures, or any other proce-dure available under law.

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NRC/NTEU Collective Bargaining Agreement Article 45 Adverse Actions 45.8 COPIES An employee shall be provided a second copy of the notice of proposed action, and the final decision to be provided to their representative.

45.9 INFORMATION Every six months, the Agency will provide the NTEU Chapter President with a sanitized list describing bar-gaining unit adverse action cases that were closed during the previous six months and the penalties that were imposed.

45.10 EMPLOYEE NOTIFICATION OF NO ACTION TAKEN If management, based on its own inquiry, or based on its review of an investigative report (e.g., an IG report) provided to them, determines that no action shall be taken against the subject(s) of the inquiry or investigation, it shall advise such employee(s) of that outcome within 30 days of managements determination of no action.

In this circumstance, an employee is one who had been informed that they are the subject of an inquiry or investigation. The letter will not be placed in the employees Official Personnel Folder (OPF) unless requested by the employee in writing.

45.11 ALTERNATIVE DISCIPLINE 45.11.1 Alternative discipline is an effort, undertaken by the agency, to address employee misconduct using a method other than traditional discipline. Traditional discipline is most often a reprimand, suspension, change to lower grade, or removal based upon the employee having engaged in conduct that impacted the efficiency of the service. Alternative discipline is management tak-ing a different course of action to address the misconduct. Alternative discipline is an optional, non-traditional approach to employee discipline, which provides for a variety of corrective ac-tions. The NRC and the Union encourage the use of alternative approaches to traditional disci-plinary actions. The goal of such an approach is to positively change an employees conduct by offering an alternative means of correcting such conduct. The NRC will publicize to supervisors the benefits of alternative discipline. Traditional discipline once effected shall not be combined with alternative discipline for the same incident and vice versa. Alternative discipline is offered solely at managements discretion. Under no circumstances is alternative discipline required to be used.

45.11.2 Alternative discipline may be offered at any point in the disciplinary process, including prior to the issuance of the proposal.

45.11.3 NTEU shall be invited to attend meetings between bargaining unit employees and the NRC where alternative discipline is being discussed.

45.11.4 NRC and NTEU agree that alternative discipline agreements are not precedential and are excluded from information requests under 5 USC 7114 for the purpose of demonstrating prec-edent. Alternative discipline agreements will not be placed in the employees Official Personnel Folder (OPF). Once an alternative discipline agreement has been signed, a copy will be provid-ed to NTEU.

45.11.5 Should the employee violate the alternative discipline agreement, the employee will be notified in writing of the violation and that the penalty for the violation as outlined in the alternative disci-pline agreement will be effected. If the employee disputes whether a violation of the alternative discipline agreement occurred, the employee may file a grievance within ten (10) workdays of receipt of notification on only whether a violation of the alternative discipline agreement oc-curred. Where mutually agreed to, such disputes may be submitted to expedited arbitration.

45.11.6 Any alternative discipline agreement will include a description of the alternative discipline which has been agreed to, and the retention period of the alternative discipline agreement in the Employers records.

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Article 46 Grievance Procedures NRC/NTEU Collective Bargaining Agreement Article 46 Grievance Procedures 46.1 PURPOSE OF GRIEVANCE PROCEDURE The purpose of the grievance procedure is to provide an orderly means for resolving legitimate disputes at the lowest administrative level in a way that is fair and satisfactory to the grievant, the Union, and NRC. The griev-ance procedure may not be used to address matters which are being pursued with no reasonable expectation of success or for the purpose of delay or harassment. The parties recognize that in the interest of resolving grievances in a timely manner it is important to hold meetings to discuss disputed issues and render decisions as quickly as possible.

46.2 DEFINITIONS 46.2.1 For the purpose of this Article, grievance means any complaint:

A. by any employee concerning any matter relating to the employment of the employee; B. by the NTEU concerning any matter relating to the employment of any employee; or C. by any employee, the NTEU or the agency concerning:

(i) the effect or interpretation, or a claim of breach of this Collective Bargaining Agreement; or (ii) any

claimed violation, misinterpretation, or misapplication of any law, rule or regulations affecting conditions of employment.

46.2.2 As used in this Agreement, the term grievant refers to the aggrieved party whether a bargain-ing unit employee, the Union, or the NRC. The term respondent refers to the party against whom the grievance is filed.

46.2.3 As used in this Agreement, the term institutional grievance refers to any complaint by the Union concerning the effect or interpretation, or a claim of breach of the provisions of this Agreement relating to the rights and benefits that accrue to the Union as the exclusive rep-resentative of bargaining unit employees. Grievances on behalf of employees, or that relate to the employment of employees, or that concern any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment of employees are not institutional grievances within the meaning of this procedure.

46.2.4 Employees may file a grievance under this Article if they believe the agency has taken, or failed to take, an action that violates executive orders which specifically prohibit discrimina-tion and harassment, although no right of action is created under any EEO or civil rights laws.

These executive orders, which amended Executive Order 11478, include but are not limited to Executive Order 13087, which prohibits discrimination based on sexual orientation, Executive Order 13152, which prohibits discrimination based on status as a parent, and Executive Order 13145, which prohibits discrimination based on genetic information.

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NRC/NTEU Collective Bargaining Agreement Article 46 Grievance Procedures 46.3 CONDITIONS OF EMPLOYMENT For the purpose of this Article, the term conditions of employment means personnel policies, practices and matters, whether established by rule, regulation, or otherwise affecting working conditions, except that such term does not include policies, practices and matters:

46.3.1 relating to political activities prohibited by law; 46.3.2 relating to the classification of any position; or 46.3.3 to the extent such matters are specifically provided for by Federal statute.

46.4 EXCLUSIONS The following matters are specifically excluded from the coverage of this Article:

46.4.1 any claimed violation of Subchapter III of Title 5 U.S.C., (relating to prohibited political activities);

46.4.2 retirement, life insurance, or health insurance; 46.4.3 a suspension or removal under Section 7532 of Title 5 U.S.C. (in the interests of national security);

46.4.4 any examination, certification, or appointment; the classification of any position which does not result in the reduction in grade 46.4.5 or pay of an employee; 46.4.6 a binding decision made by an authority outside the NRC; 46.4.7 the filling of a position outside the bargaining unit; 46.4.8 the determination of the basic qualifications required for a position; 46.4.9 non-selection from a list of properly ranked and certified candidates, except if the non-selec-tion is alleged to be based on discrimination or other reason prohibited by statute; 46.4.10 the scheduled termination of a temporary appointment; 46.4.11 the separation of an employee during a trial period; 46.4.12 the placement of an employee on a Performance Improvement Requirements Memo (PIRM);

46.4.13 a notice of a proposed disciplinary action or adverse action or any warnings, counseling, or admonishments (written or oral that would not be placed in the employees Official Personnel File); or 46.4.14 removal for medical inability to perform; or 46.4.15 any other exclusions specifically provided for by the terms of the Agreement or by law.

46.5 EXCLUSIVITY The grievance procedure applies to and, except as provided in 5 U.S.C. Section 7121(d) and (e), shall be the exclusive administrative procedure for resolving employee, Union and Agency grievances which fall within its coverage. No other process may be established to address employee concerns which fall within the scope of the grievance procedure, except by mutual consent of the Parties. Any matter that falls within the scope of the EEO complaint process may be raised in an EEO complaint or through the negotiated grievance procedure, but not both.

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Article 46 Grievance Procedures NRC/NTEU Collective Bargaining Agreement 46.6 JOINT FILING Grievances under the terms of this Article may be initiated by bargaining unit employees either singly or jointly or by the Union on behalf of an employee or by the Union or the NRC on their own behalf. When two or more employees file individual grievances involving the same facts, events or the same issues, the grievances may be joined and processed through the grievance and arbitration procedure together by mutual agreement. A maximum of 3 grievants will attend any grievance meeting or arbitration hearing concerning any joint griev-ance.

46.7 REPRESENTATION (EMPLOYEE)

An employee filing a grievance under this Article is entitled to representation by the Union or self-representa-tion. If an employee presents a grievance without Union representation, the Union will be given the opportunity to be present at all meetings between the NRC and the employee regarding the grievance. For such meetings the Union shall be given reasonable advance notice. In all grievance meetings where the Union serves as the representative of the grievant, the time of the meeting shall be mutually arranged. A maximum of 1 Union representative will be allowed to utilize official time to attend the initial Step (Step A) meeting unless the parties mutually agree otherwise. Two representatives shall be authorized official time to attend the final step (Step B) meeting of any grievance unless the parties mutually agree otherwise. One additional steward will be permitted to attend grievance meetings, as an observer, as part of steward training. More than one additional steward, under these circumstances, may be permitted on an exception basis.

46.8 REPRESENTATION (INSTITUTIONAL)

If a grievance is initiated by the Union on its own behalf or by NRC, the Union may have a maximum of 2 rep-resentatives attend each Step meeting on official time along with a single national union staff representative.

46.9 DUTY TIME Grievants will be given reasonable duty time consistent with Section 52.7 of this Agreement to prepare and present their grievances. Requests for reasonable duty time may be denied only if the employees absence would cause a work interruption or an emergency exists. Employees will provide management with reasonable advance notice of the need for time in excess of 30 minutes so that the time may be scheduled to minimize its impact on the office workload.

46.10 FILING 46.10.1 The parties agree that all grievances under this agreement shall have two steps, Step A and Step B. Except as provided in 46.10.2 below, a grievance must be filed with the employees first-line supervisor, with a copy to the Chief, Policy, Labor and Employee Relations Branch within 15 workdays after the occurrence of the matter out of which the grievance arose, or within 15 workdays after the date the aggrieved should reasonably have been aware of the occurrence of the matter out of which the grievance arose. The date of the occurrence, or date when the aggrieved party reasonably should have become aware of the occurrence, shall not be counted in computing timeliness. Any grievance not filed within the applicable period will not be capable of presentation, or consideration at a later date, unless the parties mutually agree to waive the time limits. For grievances in the Regions, a copy must also be filed with the Regional Personnel Officer or Director, Division of Resource Management and Administration, as applicable. Time frames for meetings, etc., will begin with receipt of the grievance by the first-line supervisor. If the Union believes that the first-line supervisor (Step A) or designated Step B official is not an appropriate official to hear the grievance, then the Union representative may suggest alternative step official(s) to the HR representative.

46.10.2 For grievances alleging discrimination, the time limits for filing grievances shall be forty- five (45) calendar days. When the employee alleges discrimination under the negotiated grievance pro-cedure, the grievance shall specify the specific nature of the discrimination (for example, race, religion) and the facts upon which the allegation is based as set forth in Section 46.12 Content.

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NRC/NTEU Collective Bargaining Agreement Article 46 Grievance Procedures 46.11 TIMELINESS The issue of timeliness may be raised by the respondent at the initial step (Step A) with respect to matters relating to the initial filing and at the final step (Step B) with respect to matters occurring since the initial step meeting.

46.12 CONTENT The grievance must be in writing (or e-mail) and must provide the following information:

46.12.1 the date submitted; 46.12.2 a description of the alleged violation in sufficient detail to identify the basis of the grievance; 46.12.3 references to the appropriate contractual provision, law, rule, or regulation alleged to have been violated; 46.12.4 a statement of the remedy sought; and 46.12.5 the name of and contact information for the Employer/Union representative handling the matter.

The grievant or their representative may amend the grievance to include new issues if, during any step, information is uncovered which indicates the appropriateness of revising the focus of the grievance and this information was not known to the grievant/representative at the time the initial grievance was filed. Such amendment must be in writing (or e-mail) and must be submitted to the appropriate step official. After the final step of the grievance process, the scope and issues may not be amended absent mutual agreement. The final step (Step B) official reserves the right to remand the grievance back to the initial step (Step A) official when the grievance is amended.

46.13 UNION AND NRC INSTITUTIONAL GRIEVANCES Step officials for institutional grievances filed by the Union or by NRC shall be:

46.13.1 The Step A official of the Union shall be the Chapter 208 President; the Step A official of the NRC shall be the Chief Human Capital Officer, Office of Chief Human Capital Officer, or designee.

46.13.2 The Step B official of the Union shall be the President of the NTEU, or designee, the Step B official of the NRC shall be the Executive Director for Operations, or designee.

46.13.3 Each party shall have the right to legal counsel at the Step Aand Step B meetings.

46.14 STEP A GUIDELINES 46.14.1 The Step A official will meet with the grievant and the grievants representative(s), if any, within 10 workdays after the receipt of the grievance, for the purpose of discussing the grievance, unless the grievant has waived their right to a meeting. The meeting will provide an opportu-nity for the grievant to answer any questions which are prompted by the written grievance, to discuss when the matter occurred which gave rise to the grievance and whether the grievance was timely filed, to seek agreement, if possible, on the provision or section of this Agreement or the regulations, policy or procedure which may have been violated, to discuss the sub-stance of the grievance, remedies requested and alternative remedies, if any, and to attempt to resolve the matter to the satisfaction of the grievant and the step official. Recording devices, affidavits, the testimony of corroborating or expert witnesses, the introduction of evidence, rulings on evidence and similar features of an arbitration hearing will not be used at any step meeting.

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Article 46 Grievance Procedures NRC/NTEU Collective Bargaining Agreement 46.14.2 The Step A official will render a written decision within 20 workdays after the date of the meet-ing or the date on which the meeting is waived. If the grievant is not satisfied with the Step A decision, the decision may be appealed to the Step B official within 10 workdays after the date of receipt of the written decision. The Step B official will be identified in the Step A written decision and will normally be the grievants second level supervisor. The appeal from Step A must clearly specify the reasons on which the appeal is based and the issues in dispute (if different than as set forth in the original grievance). As an alternative to Step B, the grievant may request mediation. If the grievant wishes to attempt mediation, and the NRC and NTEU agree, the services of the Federal Mediation and Conciliation Service, or any other mutual-ly agreed upon dispute resolution service, will be requested. Mediation will not exceed two sessions. The costs of the mediation services will be shared equally by NTEU and NRC. This mediation phase is similar to settlement discussions. Issues raised during the mediation phase will not be used as evidence or in any other manner in any arbitration hearing. If no settlement is reached during the mediation sessions, the NTEU may invoke arbitration on behalf of the grievant, in accordance with the Collective Bargaining Agreement. If arbitration is not timely invoked, the grievance is terminated. The timeframe for invoking arbitration will begin on the first workday after the final mediation session took place.

46.15 STEP B GUIDELINES 46.15.1 The Step B official, the grievant, and the grievants representative(s), if any, and the Chief, Policy, Labor and Employee Relations Branch, or designee shall meet within 10 workdays after the date of receipt of the written appeal to discuss the appeal. The meeting will provide an opportunity to discuss the decision of the Step A official, including any claimed inaccura-cies, any failures to meet or resolve any issues, any issues which remain unresolved, and any respects in which any remedy or proposed resolution of the matter is considered inappropriate by the grievant, and other relevant matters.

46.15.2 Step B officials shall render a written decision within 20 workdays after the date of the meeting or after the date on which the meeting is waived.

46.16 APPEAL TO ARBITRATION If after reaching the last step in the grievance chain available to a particular grievant, the grievant is not sat-isfied with the final decision, then NTEU may, at its option, appeal the matter to arbitration. NTEU may also appeal an Agency determination to terminate a grievance at any step directly to arbitration. Should NTEU elect to exercise this option, it must invoke arbitration within 20 workdays (1) of receipt of the final step officials de-cision; (2) from the date the Agencys decision was due; (3) from the date of the last mediation session under 51.15.2; or (4) from the date of the termination notice.

46.17 TIME LIMITS 46.17.1 The parties agree that by mutual consent the time limits in this Article may be extended; and/or any step of this grievance may be waived.

46.17.2 Failure on the part of a Step A official to observe the time limits for issuing the Step A decision will constitute a denial of the grievance and permit the aggrieved employee or the Union to appeal to the next step. The time period for the Union to appeal to Step B will begin on the day after the decision was due by the NRC (20 workdays after the date of the Step A meeting or the date the meeting was waived). If the Union does not appeal to Step B within 10 workdays of the due date for the Step A decision, the grievance may be terminated by the NRC, but only upon providing written notice to the person who filed the grievance (the employee or their representative).

46.17.3 Failure on the part of the grievant to otherwise observe time limits for any step shall have the effect of terminating the grievance.

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NRC/NTEU Collective Bargaining Agreement Article 46 Grievance Procedures 46.17.4 The terms of 46.17.2 and 46.17.3 do not apply to the time limits for scheduling meetings under Step A and Step B of this grievance procedure.

46.18 DISTRIBUTION OF DECISIONS When NTEU is the designated representative in a grievance, the decision letters will be emailed or otherwise provided to the union representative and chapter president and the Union will give a copy of the decision letter to the employee. In all other cases, the NRC agrees to provide to the Union 1 copy of all written step decisions rendered on employee grievances filed under this Article. The Union will send to the Chief, Policy, Labor and Employee Relations Branch, or designee, one copy of each appeal from a step officials decision. Time frames for meetings, etc., begin with receipt by the Step Official.

46.19 GRIEVANCE MEETING ATTENDANCE No bargaining unit employee other than the grievant and their representative(s) will attend a grievance meet-ing, unless the Union and the NRC agree otherwise, in which event the employee other than the grievant and their representative(s) will be allowed official time to attend the meeting.

46.20 PROCESS PARTICIPATION Employees, designated representatives, and employee witnesses at arbitration hearings will be assured free-dom from restraint, interference, coercion, discrimination, intimidation, or reprisal arising out of their initiation or participation in the resolution of a grievance.

46.21 DOCUMENT REQUESTS The grievant or their representative may request documents relevant and necessary to the grievance pursuant to Article 43. Whenever the Union requests documents for the purpose of representing a grievant(s), the time frame for Union response/action on the grievance shall be extended day for day, from the time the request is received until the NRC either denies the request or provides the documents, whichever is appropriate.

46.22 NON-GRIEVABILITY AND NON-ARBITRABILITY If the NRC alleges that a grievance is non-grievable or non-arbitrable for reasons other than timeliness, then the NRC shall notify the Union no later than the Step A decision letter of the reasons for such a determination.

The issue of timeliness may be raised by the respondent at the initial step (Step A) with respect to matters relating to the initial filing and at the final step (Step B) with respect to matters occurring since the initial step meeting. Upon its request, NTEU will be provided this information in writing. When the NRC alleges an issue is non-grievable or non-arbitrable for reasons other than timeliness, the Union will have 5 workdays to amend and refile the grievance if it wishes or to proceed without amendment. The grievance will be resubmitted and proceed through the grievance procedure. Questions of non-grievability and/or non-arbitrability when raised shall be joined to the grievance.

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Article 47 Arbitration Procedures NRC/NTEU Collective Bargaining Agreement Article 47 Arbitration Procedures 47.1 INVOCATION An unresolved grievance processed through the last step of Article 46, Grievance Procedures, may be ap-pealed by the Union or the NRC to binding arbitration. The provisions of 5 U.S.C., Section 7121(b)(3)(C) estab-lish that the Union or the NRC has the authority to invoke arbitration as an appeal of a grievance. Therefore, when an employee has an election to proceed through a statutory appeal process or through the grievance/ar-bitration process, the employee must be mindful that the power to invoke arbitration rests solely with the Union.

Thus, the employee must recognize that should they decide to appeal through the grievance/arbitration pro-cess and the Union decides not to invoke arbitration, then the employee will have no further recourse through a statutory appeal process, unless the aggrieved employee alleges having been affected by a prohibited person-nel practice under Section 2302(b)(1) of 5 U.S.C.

47.2 APPEAL TO ARBITRATION Appeals to arbitration must be in writing and either be hand delivered or sent by certified or registered mail or e-mail to the Chief, Policy, Labor and Employee Relations, or to the NTEU National President with a copy to the President, NTEU Chapter 208.

47.2.1 If an appeal is to be hand delivered to the Chief, Policy, Labor and Employee Relations Branch, the person making delivery of the written appeal must obtain the signature of the Chief or their designee on the original copy of the appeal and date and time the appeal was received in Labor Relations. A photocopy of the original with the date and signature of receipt should be made for the Union to retain for its records.

47.2.2 If hand delivered, or delivered by fax or e-mail, an appeal must be received in Policy, Labor and Employee Relations no later than 5:00 p.m. on the 20th workday after the date of receipt of the final step decision in the negotiated grievance procedure or after the date of receipt of the notice of decision of an adverse action. If sent by certified or registered mail, the appeal must be postmarked by the Postal Service with a date no later than the 20th workday after the date of receipt of the final step decision, or after the date of receipt of the notice of decision of an adverse action. (See Article 45, Section 45.7.9 regarding direct appeal of adverse actions to arbitration.) If the Agency fails to issue a final step grievance decision in accordance with the time limits set forth in this Agreement, the Union may, at its option, appeal the matter to arbitration at any time after the decision was due. However, if a decision is issued prior to the Union requesting arbitration, the twenty-day time limit will begin to run.

47.3 PROCEDURES 47.3.1 The procedures for the selection of arbitrators for grievances arising in Headquarters and the Regional offices are set forth below. A grievance is defined as arising in Headquarters if the grievants duty station is in the Washington, D.C., metropolitan area or if the grievance is filed solely in the name of the Union or by the NRC.

47.3.2 When arbitration is invoked by either the NRC or the Union for grievances arising in NRC Headquarters or the Regional Offices, the moving party will, within 20 workdays after invoca-tion, contact the other party to seek agreement on selection of an arbitrator. If no agreement is reached, the moving party will request a list of 7 arbitrators with federal sector experience from the Federal Mediation and Conciliation Service (FMCS). If the moving party fails to do so within 30 workdays, the other party may request such list. These arbitrators will be from the Washington, D.C., metropolitan area for Headquarters grievances and from the metropolitan area encompassing the Regional Office for grievances arising in the Regions.

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NRC/NTEU Collective Bargaining Agreement Article 47 Arbitration Procedures 47.3.3 The NRC and Union will confer within 5 workdays after both parties have received the list to seek agreement on an arbitrator.

47.3.4 If the parties cannot agree on an arbitrator, the NRC and the Union will strike 1 name from the list alternately until 1 name remains. The remaining person shall be the duly selected arbitra-tor. The toss of a coin shall determine whether the NRC or the Union strikes the first name.

47.3.5 Within 15 days of the time the parties confer pursuant to Section 47.3.3, the party requesting the list of arbitrators from the FMCS will notify the FMCS of the parties selection of arbitrator.

47.3.6 Upon assignment, NRC will forward the arbitrator the grievance, step appeals, and responses.

The arbitrator will also be provided additional relevant documents, as agreed to by the Parties.

47.3.7 Normally, hearings will commence within 120 days after the date arbitration is invoked unless the arbitrators schedule does not permit or by mutual agreement of the parties.

47.3.8 No later than 15 workdays before a scheduled hearing, the parties shall explore possible res-olution of the case, clarify and stipulate the issue or issues, exchange witness lists, and agree on joint exhibits and joint stipulations of fact. If the parties cannot agree on a joint stipulation of the issues, the parties shall exchange separate written statements of the issues no later than 5 workdays before the scheduled hearing.

47.3.9 In any case where the Parties mutually agree to postpone, delay, or cancel an arbitration proceeding, the Parties will share equally the cost of any fees being charged by the arbitrator or the court reporter which are associated with the requested change. If there is no mutual agreement, then the party requesting the postponement, delay or cancellation will pay any re-sulting fees. In any case where the Parties mutually agree to postpone, delay, or cancel an arbitration proceeding, the Parties will share equally the cost of any fees being charged by the arbitrator or the court reporter which are associated with the requested change. If there is no mutual agreement, then the party requesting the postponement, delay or cancellation will pay any resulting fees.

47.3.10 Each Party has the responsibility and obligation to produce its witnesses on the day of the hearing, and each Party will bear its own witnesses expenses, including travel. The grievant and all employees who are called as witnesses will be excused from duty to the extent neces-sary to participate in the arbitration hearing, without loss of pay or charge to annual leave.

47.4 Expedited Arbitration Procedures 47.4.1 At the Unions option, any grievance over the following matters may be appealed to arbitration under an expedited process (except for those matters which include a claim of discrimination):

Disciplinary actions; Details or Reassignments; Performance Appraisals; Denial of leave requests, work schedule requests, telework requests or requests for official time; Overtime or compensatory time; The Unions use of Agency services or facilities under Articles 53 and 54; or Travel 150

Article 47 Arbitration Procedures NRC/NTEU Collective Bargaining Agreement 47.4.2 Expedited arbitration cases will follow the procedures set forth in 47.3, above, except that:

47.4.2.1 No briefs may be filed. No transcript is necessary, but if either party requests a transcript, that party shall pay the cost. Such transcript will not be provided to the arbitrator unless otherwise requested; 47.4.2.2 At the close of the hearing, the Parties may submit memoranda outlining legal points and authority, including copies of precedent setting case decisions; 47.4.2.3 The arbitrator will issue a bench decision, if possible, which will be confirmed in writing. If a bench decision is not possible, the arbitrator will issue a brief written decision within 10 workdays of the close of the hearing.

47.5 ARBITRATION EXPENSE AND TIME 47.5.1 The arbitrators fees and expenses, if any, shall be borne equally by the parties. If possible, the arbitration hearing will be held on the NRCs premises during the regular day-shift hours of the basic workweek, except that the location of the hearing for institutional grievances invoked to arbitration shall alternate between the NRCs premises and the NTEU National Office.

47.5.2 The grievant and grievants Chapter representative shall be allowed official time to attend the arbitration proceedings. All bargaining unit employees with relevant and necessary information who are called as witnesses, and who are on active duty status, shall receive official time to the extent necessary to testify in the arbitration proceedings without loss of pay. The NRC will grant the employees request for official time to be excused from duty provided such absence does not cause a severe work interruption.

47.5.3 A verbatim transcript of the arbitration proceedings shall be made unless the parties mutual-ly agree that one is not needed. The cost of the court reporter will be shared equally by the Parties, with each Party bearing the cost of its own copy of the transcript. Copies of transcripts will be sent simultaneously to the Parties and the arbitrator. Where possible, the Parties will request an electronic transcript (e-transcript) in lieu of a paper transcript, to save printing expenses.

47.6 ARBITRATOR RESPONSIBILITY 47.6.1 An arbitrator will issue a decision within 30 calendar days after the close of the record.

47.6.2 The jurisdiction and authority of the chosen arbitrator will be confined exclusively to the inter-pretation of the provision or provisions of the Agreement at issue between the parties. The arbitrator will have no authority to add to, subtract from, alter, amend or modify any provision of this Agreement.

47.6.3 The arbitrator shall have the authority to:

47.6.3.1 administer oaths, 47.6.3.2 rule upon offers of proof and receive relevant evidence, 47.6.3.3 limit lines of questioning of testimony which are immaterial, irrele- vant or unduly repetitive, 47.6.3.4 regulate the course of the hearing and, if appropriate, exclude from the hearing persons who engage in misconduct or cause disturbance, 47.6.3.5 strike any or all related testimony of witnesses who refuse to an- swer any ques-tions ruled to be proper, 47.6.3.6 hold conferences to discuss simplification of the issues and pos- sible settlement with the consent of the parties, 151

NRC/NTEU Collective Bargaining Agreement Article 47 Arbitration Procedures 47.6.3.7 request the parties at any time during the hearing to state their respective posi-tions concerning any issue in the case or theory in support thereof, and 47.6.3.8 address unresolved issues of grievability and arbitrability. Either party may assert by pre-hearing motion and response that a mat- ter presented for arbitration was not grievable or is not arbitrable on grounds that it was untimely filed or that the matter is excluded by the terms of this Agreement or by law. The arbitrator will have the authority to make a decision based on the motion and re- sponse, bifur-cate the hearing to decide the issue of grievability or arbitrability prior to proceed-ing with the hearing on the merits of the case or hear the issue of grievability or arbitrability as part of the full case.

47.6.4 The arbitrator shall not have the authority to:

47.6.4.1 require the attendance or testimony of witnesses not called by either party.

47.6.4.2 require the production of documents not offered in evidence by either party.

47.6.4.3 make an independent investigation of the matter, other than at the hearing.

47.6.4.4 add to, subtract from, alter, amend or modify any provision of this Agreement; 47.6.4.5 address any matters excluded from the grievance procedure, regardless of the specific allegation(s) or issue(s) raised; 47.6.4.6 consider new violations raised by the grievant that they had not previously raised, in writing, at or before the Step B grievance meeting.

However, the arbitrator has the authority to grant a Partys motion that the arbitra-tor draw an adverse inference when the other Party fails to produce facts, docu-ments or witnesses that the arbitrator deems necessary and relevant.

47.6.5 The arbitrator shall possess the authority to prescribe remedies to the extent provided under pertinent laws, rules, and regulations. An arbitrator has the authority to award reasonable attorney fees in accordance with applicable law.

47.6.6 The decision of the arbitrator will be final and binding. However, either Party may file an ex-ception to the arbitrators decision with the Federal Labor Relations Authority (FLRA) in accor-dance with the FLRAs regulations.

47.7 BURDEN OF PROOF The grievant, i.e., moving party, has the burden of proof regarding the merits of the grievance by a prepon-derance of the evidence with the following two exceptions: NRC has the burden of proof regarding a perfor-mance-based action by substantial evidence in accordance with Chapter 43 of the Civil Service Reform Act, and a disciplinary or adverse action by a preponderance of the evidence in accordance with Chapter 75 of the Civil Service Reform Act.

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Article 48 Trial Period Employees NRC/NTEU Collective Bargaining Agreement Article 48 Trial Period Employees 48.1 DURATION The trial period for new preference-eligible NRC employees, as defined in 5 U.S.C. 2108, is one year. The trial period for new non-preference eligible NRC employees is generally two years. NRC will strive to advise a trial period employee of their performance prior to the end of the tenth or twentieth month of their trial period, de-pending on whether that period is one or two years. Supervisors are encouraged to provide prompt feedback to trial period employees concerning any problems regarding their employment. Performance which deteriorates or misconduct which occurs after a performance appraisal has been issued may be made the basis for separa-tion up to the end of the trial period.

48.2 TERMINATION PROCEDURES The parties agree that when the NRC determines that a trial period employee is to be terminated, the following procedures will be followed:

48.2.1 A letter of termination will be issued by a management official stating the (a) date of termina-tion; and (b) reasons for termination. The employee will be provided the original and a copy of the letter of termination.

48.2.2 Except when circumstances dictate delivery by certified mail, the letter of termination shall be delivered to the employee by a manager in the employees chain of command as soon as possible after its preparation, but no later than the close of business on the last day of the trial period. When practicable, the employee will be allowed to express their views on the reasons provided for the termination when the letter of termination is delivered. However, a decision by the NRC that a trial period employee is terminated is final and is neither grievable nor arbitrable.

48.2.3 An employee who believes this action has been based on illegal discrimination may consult with an EEO Counselor.

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Article 49 Reduction In Force (RIF) NRC/NTEU Collective Bargaining Agreement Article 49 Reduction In Force (RIF)

The Parties recognize that a Reduction in Force is highly disruptive to managers and employees alike, and they are committed to working in good faith through collaboration to attempt to mitigate the need for or the se-verity of a RIF. Consistent with this commitment, a union-management committee will begin meeting when the agency anticipates that there may be a need for a RIF. The union-management committee will consider the missions of the organizations and functions of positions, and will consider discretionary managerial and bud-getary options available to relieve funding shortfalls and employee reductions. The committee will make recom-mendations to agency officials who have the authority to make decisions that could mitigate the need for or the severity of the potential RIF such as facilitating the placement of employees outside of the affected organiza-tion. The authorized agency officials will make final RIF decisions. The committee will be comprised of an equal number of management and union representatives. The union representatives will be appointed by the NTEU Chapter President. The committee will be the primary vehicle used by NTEU to monitor the RIF.

49.1 ADVANCE NOTIFICATION OF RIF If the NRC decides to initiate a RIF, it shall notify the NTEU of the proposed RIF as far in advance as possible, but no later than 120 days before the effective date of the first RIF action, so that the parties may work cooper-atively on alternatives to the RIF. Such notification shall include the reason for the RIF, the proposed effective date, the particular competitive area(s) initially affected, competitive level definitions, and the criteria used to identify the positions affected. Once a retention register is established it will be provided to NTEU. If such infor-mation is revised, it will be provided to NTEU.

49.2 IMPACT AND IMPLEMENTATION BARGAINING Upon receipt of the notice under 49.1, and in accordance with Article 42, NTEU may submit proposals for bar-gaining over the impact and implementation of the RIF, to the extent permitted by law and consistent with this Article.

49.3 FOLLOW-UP NOTIFICATION If the NRC initiates a RIF, the NRC will provide a written notice to the NTEU before notifying affected employ-ees. This notice shall contain the following: the proposed effective date(s), competitive level(s) and area(s) affected, position(s), the names of the affected employee(s), and the reasons for the RIF.

49.4 RIF PROCEDURES The NRC and NTEU will collaborate to consider practicable options and measures to minimize the adverse impact of any reduction in force as set forth earlier in this Article.

As set forth in NRCs Management Directive 10.103, and after establishing the competitive area impacted by RIF, NRC will establish competitive levels pursuant to 5 C.F.R § 351.403. NRC will establish competitive levels consisting of all positions in a competitive area which are in the same grade and classification series, and which are similar enough in duties, qualification requirements, pay schedules, and working conditions so that the NRC may reassign the incumbent of one position to any of the other positions in the level without undue interruption, in accordance with 5 C.F.R. § 351.403.

NRC may not establish a competitive level based solely upon the grade promotion potential of the position.

Consistent with excepted service guidelines, and to minimize disruption to employees and the Agencys mis-sion, NRC will not make assignments involving displacement of other employees outside the competitive level (also known as bump and retreat).

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NRC/NTEU Collective Bargaining Agreement Article 49 Reduction In Force (RIF)

The NRC will follow the excepted service order of retention, as set forth in 5 C.F.R. § 351.502. Competing employees shall be classified on a retention register in tenure groups on the basis of their tenure of employ-ment, veteran preference, length of service and performance in descending order, in accordance with 5 C.F.R.

§ 351.502. Service Credit for performance will be calculated in accordance with 5 C.F.R. § 351.504.

When two or more employees are tied in retention standing, i.e., two employees in the same group have the same service computation date, and one or more but not all tied employees must be released from the com-petitive level, the NRC shall break the tie on the basis of:

1. length of NRC service, and if a tie remains;

2. time within grade, and if a tie remains;

3. by lottery.

The NRC will provide NTEU and employees who are issued certificates of expected separation, or specific RIF notices, with information concerning the full array of entitlements and benefits that accrue to employees under law, regulation, and this Article, including information on retirement options, severance pay, appeal rights, prior-ity selection and repromotion, etc.

49.5 INFORMATION TO NTEU To the extent that this information is available, the NRC shall provide NTEU with data that shows the numbers of employees who are issued certificates of expected separation and specific RIF notices. Specifically, this data will show the numbers of employees by race, national origin, gender, disability status, and age (40 and older) who are affected.

NTEU will have thirty (30) days after receiving this data to submit ideas to the union-management committee on minimizing the potential EEO impact of a proposed RIF on protected classes of employees. At the comple-tion of a RIF, the NRC will provide NTEU with a report on the numbers of employees by race, national origin, gender, disability status, and age (40 and older) who were affected. The NRC Employer shall make the re-tention register available for visual inspection by affected employees in a competitive area in which a RIF has been announced.

49.6 NOTICE TO EMPLOYEES Employees identified as being affected by a reduction in force shall be provided written notice at least sixty (60) calendar days before the effective date of a reduction in force action. Employees affected by reduction in force shall have the opportunity to meet with an Office of the Chief Human Capital Officer (OCHCO) representative to discuss the action and the information related to the employees RIF action. NRC will advise employees affected by a RIF that they should avail themselves of the opportunity to review their Official Personnel Folder (OPF) to ensure the accuracy and completeness of the information contained therein. A reasonable amount of official time will be provided for this purpose.

Employees may also have a reasonable amount of official time to review documents related to their reduction in force action. Employees who have been issued a specific reduction in force notice, and/or the employees representative if the representative is acting on behalf of the individual employee, are entitled to review any completed records used by the agency in a reduction in force action that has been, or will be taken, against the employee including:

the complete retention register information with the released employees name and other relevant retention information (including the names of all other employees listed on that register, their individual service compu-tation dates and their adjusted service computation dates) so that the employee may consider how the agency constructed the competitive level, and how the agency determined the relative retention standing of the com-peting employees; and 156

Article 49 Reduction In Force (RIF) NRC/NTEU Collective Bargaining Agreement An employee who has not received a specific reduction in force notice is not entitled to review the NRCs retention registers and the related records. NRC is responsible for ensuring that each employees access to retention records is consistent with both the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552(a)).

49.7 CAREER TRANSITION ASSISTANCE In order to assist employees separated in a RIF action to obtain other employment, the NRC will provide em-ployees with assistance and information, including:

assistance in resume preparation and development of interviewing skills;

vacancy announcement listings;

information about registration with Department of Labors Dislocated WorkerProgram; and

information on transitioning to the private sector.

In addition, employees may avail themselves of the assistance and services of the Employee Assistance Pro-gram (EAP).

To the extent consistent with mission accomplishment, employees may also be allowed a reasonable amount of time to prepare resumes and to prepare for interviewing for outside employment. Such time should not nor-mally exceed forty (40) hours.

An employee who is downgraded as a result of a reduction in force action and who is otherwise eligible, shall receive grade and pay retention benefits consistent with 5 U.S.C. § 5362 and 5363, and applicable regulations.

This agreement does not affect the entitlement of employees to file appeals contesting reduction in force ac-tions to the Merit Systems Protection Board.

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Article 50 Meetings with New Employees NRC/NTEU Collective Bargaining Agreement Article 50 Meetings with New Employees 50.1 CONTENT AND DURATION The NRC will permit the Union up to 30 minutes of official time to address new employees during the NRC orientation session, or similar group meeting with new employees. The Union will have the right to discuss the contract, current labor-management issues, the laws and regulations on Federal sector labor relations, its inter-nal structure or any other subject that does not slander or libel a government official. The Union may distribute orientation packages to new employees during such sessions. The Union may not solicit membership or dues, or otherwise conduct any activities relating to the internal business of the Union during such meetings. Ques-tions concerning these matters will be deferred by the Union representative and the employee to their non-duty hours.

50.2 NEW EMPLOYEE NOTIFICATION The NRC agrees to provide the Union with the name and organization of all new employees within 20 work-days of the date they begin service with the NRC.

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Article 51 Union Representatives NRC/NTEU Collective Bargaining Agreement Article 51 Union Representatives 51.1 NOTICES AND OTHER COMMUNICATIONS Except as otherwise specifically provided by this Agreement, notices and other written communications required by this Agreement to be given by one party to the other will be sent as follows: NRC shall send all such communications to the President of Chapter 208 (with attachments). The Union shall send all such communications to the appropriate NRC management official (e.g., first line supervisor for employee grievanc-es) with a copy to the Chief, Employee/Labor Relations and Work Life Branch, Office of Human Resources (HR), NRC.

51.2 AUTHORITY Regional officers or their designees shall have the authority to enter into binding agreements with respect to working conditions which impact only their assigned region. The Chapter President or their designee shall have the authority to enter into binding agreements with respect to matters affecting the entire chapter or more than one geographic location of the chapter.

51.3 NUMBER OF HEADQUARTERS UNION OFFICIALS In NRC Headquarters (all offices in the Washington, D.C. metropolitan area), NRC agrees to recognize a maximum of 14 Union representatives at any one time who shall be granted official time to the extent provided for in Article 52 of this Agreement. Union representatives in NRC Headquarters shall consist of the Chapter 208 President, the Chapter 208 Executive Vice-President, the Chapter 208 Chief Steward, and not more than 11 stewards.

51.4 NUMBER OF REGIONAL UNION OFFICIALS In each NRC regional office, the NRC agrees to recognize a steward group consisting of a maximum of one steward, one alternate steward, and one Union Regional Chapter Officer, for purposes of being allowed to uti-lize official time from a regional office bank of time.

51.5 STEWARD LISTING The Union agrees to provide the Chief, Employee/Labor Relations and Work Life Branch, a list of stewards and alternate stewards, as described in Sections 51.3 and 51.4, within 10 workdays after the effective date of this Agreement.

51.6 STEWARD CHANGES The Union agrees to provide to the Chief, Employee/Labor Relations and Work Life Branch, written notice of any changes in such list at least two workdays in advance, if possible, of the effective date of the change.

Official bank time will not be granted to a steward for whom notice has not been received.

51.7 SCOPE OF STEWARD APPOINTMENTS All Union representatives shall be members of the bargaining unit, but no more than two (2) union represen-tatives may be appointed from the same organization and branch. Additionally, in situations where two union representatives are appointed from the same organizational unit, the Union representatives shall make every reasonable effort to schedule use of official representational time so as to avoid simultaneous absence of the Union officials for representational purposes.

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NRC/NTEU Collective Bargaining Agreement Article 51 Union Representatives 51.8 STEWARD FUNCTIONS IN RELATION TO OFFICIAL DUTIES Union stewards will arrange to perform their representation functions at a time that will present minimum in-terference with duties assigned by their supervisors. The supervisor may deny a stewards request to interrupt work on their assigned duties in order to engage in representational functions for reasons related to the stew-ards workload. Performance appraisals of stewards and Union representatives shall be based solely upon the performance of their NRC assigned duties in the available time to perform such assigned duties.

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Article 52 Official Time NRC/NTEU Collective Bargaining Agreement Article 52 Official Time 52.1 OFFICIAL TIME The parties recognize that official time is a necessary part of collective bargaining and that good communica-tions and constructive relationships are essential to maximizing the effectiveness of labor relations.

52.2 OFFICIAL TIME ALLOCATION Each fiscal year official time shall be allocated to Chapter 208 as follows:

52.2.1 The Chapter President will be allocated 100% official time (approximately 2000 hours0.0231 days 0.556 hours 0.00331 weeks 7.61e-4 months per fiscal year);

52.2.2 One additional position (designated by the Chapter President) will be allocated 100% official time (approximately 2000 hours0.0231 days 0.556 hours 0.00331 weeks 7.61e-4 months per fiscal year);

52.2.3 Appointed stewards will receive 150 hours0.00174 days 0.0417 hours 2.480159e-4 weeks 5.7075e-5 months per position per fiscal year. The Chapter will ap-point no more than eight stewards at Headquarters (excluding the Chapter President and the additional 100% official time position), and three stewards in each Region.

Unused allocations of official time from the time allocated to the Chapter President (in Section 52.2.1 above) may be transferred by the Chapter President to the stewards appointed in accordance with Section 52.2.3.

The Chapter President will provide notice to the Chief, Policy, Labor and Employee Relations Branch, of such transfer prior to, or in the same pay period. Each steward may be allocated no more than a total of 300 hours0.00347 days 0.0833 hours 4.960317e-4 weeks 1.1415e-4 months each year (i.e. the 150 hours0.00174 days 0.0417 hours 2.480159e-4 weeks 5.7075e-5 months allocated pursuant to Section 52.2.3 and no more than 150 hours0.00174 days 0.0417 hours 2.480159e-4 weeks 5.7075e-5 months more). Official time allocated under this Article does not carry over to subsequent years.

52.3 ALLOCATED OFFICIAL TIME FUNCTIONS The allocations of official time set forth in 52.2 shall be used for the following activities:

y Confer with affected unit employees about matters for which they can receive remedial relief under this Agreement; y Preparing for and handling grievances, including interviewing of witnesses and attending step meet-ings; y Prepare for arbitration, to include testifying as a witness at an arbitration hearing; y Prepare for and/or attend training related to the CBA and/or the Statute; y Prepare and issue reports required by the Department of Labor; y Prepare for and meet with members of Congress and their staffs to discuss legislative and related matters affecting the NRC and its employees (this time may not be used to conduct internal Union business or prohibited forms of lobbying);

y To maintain Union office hours in the main NTEU office; y Participation in labor-management forums, including the labor management partnership committees (LMPCs);

y To attend any examination, pursuant to 5 U.S.C. Section 7114(a)(2)(B), of an employee by a represen-tative of NRC in connection with an investigation if the employee requested such attendance; y To represent an employee with respect to a reply to a notice of proposed disciplinary or adverse ac-tion, or a notice of proposed removal or reduction in grade based on unacceptable performance; and 163

NRC/NTEU Collective Bargaining Agreement Article 52 Official Time y Reasonable time spent traveling to and from activities identified in this section.

52.4 NON-ALLOCATED OFFICIAL TIME FUNCTIONS The parties agree that, in addition to the allocations of official time set forth in Section 52.2, Union representa-tives at NRC Headquarters and Regional Offices are granted reasonable official time under 5 U.S.C. Section 7131(a) and (d), to include the following:

y Prepare for and participate in mid-term negotiations, including discussions on the impact and imple-mentation of proposed changes in personnel policies, practices, and matters affecting working condi-tions; y Reasonable time spent traveling to and from activities identified in this section.

52.5 REQUESTING AND RECORDING OFFICIAL TIME USAGE In order to use official time, a Union representative must request and be granted permission from their super-visor or supervisors designee to be released from work to perform such representation functions, unless such time is expected to be less than 15 minutes. They will specify the purpose, expected length of such time off from official duties, the office they intend to visit, and a way to be contacted (if leaving their normal work area).

Official time usage is work time and must be documented completely and accurately in HRMS using the pro-scribed activity codes. Permission will be granted unless the representatives absence would cause a substan-tial work interruption or if an emergency exists.

Appointed stewards may not earn compensatory time or overtime for representational activities. However, when stewards are already in an approved overtime or compensatory time status, due to the fact they are performing agency-mission related work, they may earn regular compensatory time or overtime to perform the representational duties on official time if approved by the Agency.

52.6 EMPLOYEE DUTY TIME This section does not cover NTEU stewards when acting in their representational capacity. NTEU steward offi-cial time is provided in previous sections of this Article.

52.6.1 Employees who are complainants, witnesses, or representatives will be allowed a reasonable amount of duty time to attend:

grievance step meetings and hearings before arbitrators, the MSPB, FLRA, and other government agencies authorized to review employment related matters;

meetings with management officials or investigators related to the underlying issues raised in these matters;

employees who are complainants, witnesses, or representatives will be allowed reason-able duty time to prepare for the matters described above.

52.6.2 Employees who are complainants, witnesses, or representatives will be allowed reasonable duty time to attend meetings with a Union representative to discuss potential grievances, grievances which they have filed, or knowledge they may have regarding a grievance filed by another employee (witness).

52.6.3 Employees who are complainants, witnesses, or representatives in the EEO process (29 CFR Part 1614) will be allowed duty time to attend meetings and hearings with management offi-cials or EEOC Administrative Judges.

52.6.4 Employees will be allowed up to one hour of duty time each quarter to attend briefings from the Union concerning representational matters and to discuss other conditions of employment.

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Article 52 Official Time NRC/NTEU Collective Bargaining Agreement 52.6.5 Requests for duty time or reasonable duty time as described in 52.6.1, 52.6.2, 52.6.3, and 52.6.4 above may be denied only if the employees absence would cause a work interruption or an emergency exists. Reasonable duty time is generally defined in terms of hours, not in terms of days, weeks or months. In rare instances (i.e. a protracted, complex case), the Agency recognizes that the cumulative amount of reasonable duty time allotted could exceed the norm.

52.6.6 Employees desiring to use duty time or reasonable duty time pursuant to this section must request permission from their supervisors in advance, and must report the time consistent with applicable Agency time and labor reporting requirements.

52.7 CREDIT HOURS To the extent permitted by Article 6, Hours of Work, Union representatives, as defined in Article 51, may earn credit hours (but the Chapter President and the second full-time position may not earn overtime or regular compensatory time) while performing representational functions for which official time is authorized. Credit hours earned while performing representational functions are charged to one of the four prescribed activity codes.

52.8 INTERNAL UNION BUSINESS Any activities performed by an employee, including any employee who represents the Union, relating to the internal business of the Union (including the solicitation of membership, elections of Union officers, and collec-tion of dues) shall be performed during the time the employee, including one who represents the Union, and any other employee who is being solicited, are in a non-duty status. Further, the parties agree that employees, including Union representatives, may not conduct internal Union business on official time. The Union agrees to notify Union members that such activity is prohibited through annual announcements published in its newslet-ter and bulletin boards.

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Article 53 Union Access to NRC Facilities NRC/NTEU Collective Bargaining Agreement Article 53 Union Access to NRC Facilities 53.1 UNION OFFICE SPACE The NRC agrees to make an enclosed office with secured access available to the Union at Headquarters for its exclusive use. The NRC agrees to provide the Union, at a minimum, with a desk, table, a four or five drawer lockable file cabinet, a bookcase, four chairs, and one LAN printer. NRC agrees that each Union official shall be provided with a lockable desk or a lockable file cabinet. NTEU agrees to adhere to applicable building and security regulations in the designated space.

Regional Union representatives will continue to be able to use their private NRC-provided offices to conduct representational activity. However, in any regional office where the Agency has notified NTEU that it is elimi-nating private offices for NRC employees, the NRC agrees to provide the Union an enclosed office of at least 70 square feet, with secured access. The office will contain a desk, a lockable file cabinet, a bookcase, two chairs, and a laptop docking station. This office will not be the personal office of the NTEU Steward(s) but will serve as an area where NTEU Stewards may hold private representational meetings. If the office is not in use, it is expected that NTEU will allow other Regional staff to use the office for private meetings planned in ad-vance with NTEU consent.

53.2 MEETING SPACE Subject to applicable Government-wide regulations, the NRC, when requested reasonably in advance, will per-mit the Union to use, for labor relations and representational purposes, such official meeting space as is avail-able based upon NRCs need for such meeting space for official purposes. Additionally, NRC, when requested reasonably in advance, will permit the Union to use other such private space which is reasonably available as determined by NRC. NTEU will copy the Chief, Policy Labor and Employee Relations Branch, OCHCO, on any request made to use such space. The NRC agrees to grant the Union the right to reserve such meeting space, subject to the same rules which apply to use by other employees or employee groups.

53.3 USE OF TELEPHONES Employees, including those who represent the Union, may use the government telephones at their places of employment to communicate concerning labor relations matters, but shall not have the right to use such tele-phones to perform any of the internal business affairs of the Union.

The NRCs telephones shall be used only for interagency or local calls, except for those related to represen-tational duties. If, inadvertently, long distance calls are made from the government telephone by any Union representative while that representative is conducting Union business, the Union agrees to reimburse the NRC for the use of such telephones when commercial lines are used.

53.4 UNION ELECTIONS Activities of employees relating to Union elections shall only be performed during the time employees are in a non-duty status. The NRC agrees that the Union may place ballot boxes in spaces designated by the NRC.

This space will be limited to one (1) location per building in Headquarters and one (1) location per Regional Of-fice. The Union agrees to provide the NRC a 30-day advance notice prior to such elections. The NRC assumes no responsibility for the safety or security of the ballot boxes.

53.5 BUILDING ACCESS A Union representative who is not an NRC employee will be allowed access to the NRCs premises under the same security procedures which are or will be applied to other visitors to the same NRC premises. Any activi-ties performed by an employee who is visited relating to the internal business of a labor organization shall be performed during the time the employee is in a non-duty status.

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NRC/NTEU Collective Bargaining Agreement Article 53 Union Access to NRC Facilities 53.6 USE OF COMPUTER SYSTEMS NRC computer systems are to be used in accordance with Agency and Federal policies and regulations. The Union may use the NRCs e-mail system for communications for labor relations and representational purposes.

The Agency will provide the Union with an e-mail account for its exclusive use. NRC computer systems will not be used by the Union to perform any of the internal business affairs of the Union. Messages shall not contain any libelous or slanderous statements pertaining to the Federal Government, to NRC, or to any NRC supervi-sor management official or other NRC employee. The Union is not permitted to use NRC computer systems to lobby Congress.

The Agency will also provide a mechanism for the Union to send e-mail announcements directly to all current bargaining unit employees and which does not result in out-of-office replies to the Unions e-mail account.

NTEU announcements, including e-mail, will be distributed with a header and footer developed by NTEU clear-ly identifying the Union as the source of the announcement.

The Agency will maintain a distribution list of bargaining unit employees and the NTEU Chapter 208 mailbox will be included on the distribution list. The distribution list will be broken down by Headquarters and Regions/

Technical Training Center. If NTEU identifies a discrepancy with this list, the Agency will correct the discrepan-cies normally within ten (10) work days. If an employee specifically requests to be removed from the distribu-tion list, the NRC will fulfill such requests.

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Article 54 Union Access to NRC Services NRC/NTEU Collective Bargaining Agreement Article 54 Union Access to NRC Services 54.1 COPY MACHINE NRC agrees to allow Union representatives to use NRC self-service copying facilities in connection with their representational activities. The duplication of documents for internal Union business is prohibited.

54.2 MAIL SERVICES Neither employees nor Union representatives, in connection with matters covered by this Agreement, shall use the following services for the transmittal of written material; Government franked envelopes, express, priority, certified, classified, or registered mail, courier, interagency mail; or private, expedited delivery service. How-ever, the Union will be allowed reasonable use of the facsimile for transmittals between Union officials, and between Union officials and Labor Relations Specialists, for representational activities.

54.3 INTRA-AGENCY MAIL U.S. Government Messenger Envelope, To be Opened by Addressee Only, envelopes, blue bag, or their equivalents, may be used by employees and Union representatives, in connection with labor relations matters for the transmittal of written material to and among employees, Union representatives, and NRC supervisors and management officials. Individual unit mail station drops may be used by Union representatives to distribute material concerning labor relations matters. Desk drops and mail drops shall not be used, except as provided below.

54.4 NEWSLETTER DISTRIBUTION The Unions newsletter may be distributed to the employees during non-duty hours by deliveries to individual unit mail stations of such employees when such stations exist. However, the Union may distribute its newsletter through the intra-agency mail system provided that each newsletter is labeled by the Union with the name and the mail station of the addressee. The Chief, Employee/Labor Relations and Work Life Branch will be included on the distribution list.

54.5 COLLECTIVE BARGAINING AGREEMENT DISTRIBUTION NRC agrees to make this Agreement available to all employees on the intranet. NRC also agrees to furnish to the Union 100 printed copies of this Agreement prior to the effective date of the Agreement and any additional copies, from time to time, which may be required during the normal course of business. The NRC agrees to provide all newly hired unit employees with a printed copy of this Agreement on the first workday the new em-ployee enters on duty.

54.6 COLLECTIVE BARGAINING AGREEMENT FORMAT It is agreed that the printed Agreement be preceded by the Preamble and a Table of Contents which sets forth the Article numbers, titles and page references. The printed Agreement shall be followed by an alphabetical subject matter index, jointly prepared by the NRC and NTEU, Chapter 208.

54.7 MANAGEMENT DIRECTIVES NRC will make all NRC Management Directives concerning personnel policies, practices, and conditions of employment available to employees on the Agency intranet. NRC will also provide an index of all Management Directives with related Yellow Announcements on the Agency intranet. As Management Directives are updat-ed, a direct link will be provided to any related Yellow Announcements. Yellow Announcements not indexed or linked to a Management Directive are not effective with regard to personnel policies, practices and conditions of employment.

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NRC/NTEU Collective Bargaining Agreement Article 54 Union Access to NRC Services 54.8 DISTRIBUTION OF PRINTED UNION LITERATURE The NRC agrees to permit representatives of the Union to distribute Union literature in non-work areas, provided that both the representative distributing and the individual receiving such material is in a non-work status. Non-work areas include snack bars, hallways, cafeterias, entrances and rest rooms. Such material shall not contain libelous or slanderous statements pertaining to the Federal government, to NRC, or to any NRC supervisor or management official or any other NRC employee. The Union agrees to provide a copy of the material to be distributed to the Chief, Employee/Labor Relations and Work Life Branch, reasonably in advance of distribution for informational purposes only; any alleged violations of the terms of this section may be addressed under the negotiated grievance procedure. Desk drops will not be permitted. Representatives will be allowed to leave representational material at existing central mail stations for each building for further distribution.

54.9 NTEU REPRESENTATIVE PICTURES In each NRC building, NTEU will be permitted, consistent with applicable law and regulation, to post a pic-ture of NTEU representatives. These pictures will be approximately the same size as current pictures of EEO Counselors. NTEU will provide the pictures, coverings and frames and will maintain and update these pictures.

NTEU will assume the cost of any significant damage or repair associated with this endeavor caused by NTEU.

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Article 55 Bulletin Boards NRC/NTEU Collective Bargaining Agreement Article 55 Bulletin Boards 55.1 BULLETIN BOARDS USAGE The NRC agrees to permit the Union to post notices and issuances on one-third of the space on all NRC bulle-tin boards located in any NRC building.

The Union may, if permitted by the lessor and by applicable Government-wide regulations, furnish one board similar in size to an NRC board. Such bulletin board shall be mounted at a location as close to the NRC bulletin board as practicable. If a separate bulletin board is erected by the Union, its space on the nearby NRC board will be relinquished. In no event shall the number of bulletin boards furnished by the Union exceed the number of NRC bulletin boards in the same building.

The Union is responsible for assuring that Union material is not placed elsewhere than on NRC bulletin boards and/or on bulletin boards furnished as stated above. Federal Property Management Regulations prohibit the placing of notices or issuances on walls or other painted surfaces. The Union shall be responsible, in accor-dance with applicable Federal Property Management Regulations, for all material posted by the Union. Notices and issuances which contain libelous and/or slanderous material pertaining to the Federal Government, to the NRC or to any NRC supervisor or management official, shall not be posted. The bulletin boards will be moni-tored periodically by the Union to assure that such material is not posted. NRC shall have the right to remove any libelous or slanderous material it finds posted on Union space or bulletin boards.

55.2 VIDEO DISPLAYS The Union will be allowed to transmit brief informational messages, i.e., notification of meetings via agency closed circuit monitors. Messages will be transmitted at times to be determined by the agency during normal working hours and in accordance with agency procedures.

Use of this electronic bulletin board will be subject, on a case-by-case basis, to the approval of the Chief, Em-ployee/Labor Relations and Work Life Branch. The Union will not use this medium for recruitment purposes.

55.3 VIDEO BROADCAST The NTEU will be permitted, on a case by case basis, as determined by management, to transmit information via the agencys closed circuit TV system. NTEU must provide pre-recorded video tapes for management re-view and approval.

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Article 56 Dues Withholding NRC/NTEU Collective Bargaining Agreement Article 56 Dues Withholding 56.1 ELIGIBILITY The purpose of this Article is to permit eligible employees who are members of the Union to pay dues through the authorization of voluntary allotments from their compensation. This Article covers all eligible employees:

56.1.1 Who are members in good standing in the Union; 56.1.2 Who are assigned to positions in the bargaining unit; 56.1.3 Who have voluntarily completed Standard Form (SF) 1187, Request for Payroll Deductions for Labor Organization Dues; and 56.1.4 Who receive compensation sufficient to cover the total amount of the allotment.

56.2 REMITTANCE Remittances will be made payable to the NTEU and will be transmitted within eight (8) workdays of the close of a pay period, as directed by the Union.

56.3 CERTIFICATION The NTEU National President or any Chapter Officer who has submitted proper notification to the Chief, Policy, Labor and Employee Relations Branch, is authorized to make the necessary certification of SF-1187.

56.4 UNION RESPONSIBILITIES The Union agrees to assume responsibility for:

56.4.1 Informing and educating its members on the voluntary nature of the system for allotment of Union dues; including the conditions under which the allotment may be revoked.

56.4.2 Distributing to its members SF-1187 and the accompanying statement required under the Privacy Act of 1974.

56.4.3 Informing the Chief, Policy, Labor and Employee Relations Branch of changes in Sections 56.2 and 56.3 of this section.

56.4.4 Forwarding properly executed and certified SF-1187 to NTEUDUES@USNRC.

ONMICROSOFT.COM.

56.4.5 Forwarding an employees revocation (memorandum of SF-1188, Cancellation of Payroll Deductions of Labor Organization Dues) to NTEUDUES@USNRC.ONMICROSOFT.COM.

56.4.6 Informing the Chief, Policy, Labor and Employee Relations Branch of the name of any partic-ipating employee who has been expelled or ceases to be a member in good standing in the Union within 14 calendar days of the date of such final determination.

56.4.7 Informing the Chief, Policy, Labor and Employee Relations Branch of any changes in the amount of membership dues.

56.4.8 Protecting any personally identifiable information (PII), e.g., social security numbers, that is provided to it under this Article in accordance with applicable law and regulation.

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NRC/NTEU Collective Bargaining Agreement Article 56 Dues Withholding 56.5 AGENCY RESPONSIBILITIES The Agency agrees to assume responsibility for:

56.5.1 Upon receipt of a properly certified SF-1187, the Operations Branch will document receipt of the form and initiate payroll deduction for dues withholding beginning the pay period following receipt.

56.5.2 Withholding dues on a biweekly basis 56.5.3 The following information will be provided within nine calendar days of the close of each pay period (in a mutually agreed format):

Social Security Number Chapter Number First Name Last Name (left justified)

Dues Withholding Amount Seasonal W.A.E. Identification Dues Withholding Code Grade Step Pay Plan National Dues Amount Chapter Dues Amount Biweekly Salary Dues Withholding Codes:

D = Continuing E = no dues deduction because employees compensation insufficient to permit a de-duction F = new allotment G = revocation H = separation I = pay adjustment J = movement out of recognition area K = W.A.E. to non-duty L = temporary movement out of recognition area M = reinstatement of allotment after return from temporary movement out of recognition area N = Non-Duty Status (Seasonal Continues to be in Non-Duty Status)

R = Retirement 174

Article 56 Dues Withholding NRC/NTEU Collective Bargaining Agreement 56.5.4 Notifying the employee and the Union when the employee is not in the bargaining unit.

56.5.5 Withholding new amounts of dues upon certification from the NTEU National President so long as the amount has not been changed during the past 12 months.

56.5.6 Transmitting payment for dues withholding amounts to the allotee designated by the Union.

56.5.7 Transmitting dues withholding information pursuant to Section 56.5.3 to the NTEU National Office.

56.5.8 Having the Chief, Operations Branch, upon receipt of a properly executed SF-1188 or other revocation document, stamp the date received on the form or other revocation document.

56.5.9 Having the Chief, Operations Branch provide local NTEU Chapter 208 with a copy of SF-1188 or other revocation documents received within a reasonable time.

56.5.10 Providing the information specified in Section 56.5.3 to the local chapter as soon as practicable.

56.5.11 An employee changing to a (G) revocation, H (separation), (J) movement out of the recog-nition area, (L) temporary movement out of the recognition area, or (R) retirement, will be placed on the electronic list only once for the pay period in which their dues withholding status changed. The following pay period that employee will be removed from the electronic list.

56.6 VOLUNTARY ALLOTMENTS The NRC agrees that it is responsible for processing voluntary allotments of dues in accordance with this Article. Nothing in the Agreement, however, will require an employee to become or remain a member of a labor organization or to pay money to the organization except pursuant to a voluntary written authorization by a member for payment of dues through payroll deductions or by voluntary cash dues payment by a member.

56.7 ALLOTMENT PROCESSING The parties agree that:

56.7.1 The formula for determining the amount of dues to be deducted as allotments from compen-sation may not be changed more frequently than once in 12 months.

56.7.2 The Union will pay no fee for these services.

56.7.3 Corrections of administrative errors in remittance normally will be made within four weeks of discovery. If the Union is not scheduled to receive a remittance after discovery of the error, the Union agrees to promptly refund the Agency the amount of erroneous remittance.

56.8 EFFECTIVE DATE OF ALLOTMENT The start of dues withholding will begin on the first full pay period after a properly executed and certified SF-1187 is received in the resource box specified in 56.4.

56.9 CHANGES IN DUES WITHHOLDING AMOUNT Changes in amounts of dues will begin the first full pay period after receipt of the appropriate Union certifica-tion to the Chief, Policy, Labor and Employee Relations Branch, as long as the amount has not been changed during the previous 12 months.

56.10 TERMINATION 56.10.1 Termination due to loss of membership in good standing will begin the first full pay period after the date of receipt of notification by the Chief, Operations Branch.

56.10.2 Termination due to separation or movement out of the exclusive unit will result in a final de-duction composed of the full amount of dues withholding rate for the pay period. The final 175

NRC/NTEU Collective Bargaining Agreement Article 56 Dues Withholding deduction will be made for the last full pay period in which the employee was a member of the bargaining unit.

56.11 INSUFFICIENT AMOUNTS 56.11.1 NRC agrees that in those cases where an insufficient amount of dues has been withheld from an individual employee, the error will be adjusted as soon as practicable after NRC becomes aware of the error, provided the employee is due compensation.

56.11.2 The adjustment will be shown on the employees earnings and leave statement covering the pay period in which the error was corrected.

56.12 INVOLUNTARY CANCELLATION OF DUES WITHHOLDING When a bargaining unit employee is assigned to a non-bargaining unit position as a result of a personnel ac-tion, and the employee has dues withheld through a payroll allotment, the employees allotment will be can-celled when the personnel action is processed. If the employees assignment to a non-bargaining unit position is temporary, dues withholding will be reinstated effective the first pay period after the employee is returned to a bargaining unit position.

NRC agrees to provide NTEU a listing of employees that have had their dues involuntarily cancelled as soon as practicable.

56.13 VOLUNTARY CANCELLATION OF DUES WITHHOLDING 56.13.1 Pursuant to 5 U.S.C. § 7115(a) and (b), and in accordance with any applicable regulation, a voluntary Dues Withholding Agreement may not be revoked for a period of one year, but such dues withholding will terminate when the CBA ceases to be applicable to the employee or the employee is suspended or expelled from membership in NTEU.

56.13.2 To terminate voluntary dues withholding, the employee must complete a SF-1188 form, Cancellation of Payroll Deductions of Labor Organization Dues, and email said form to NTEUDUES@USNRC.ONMICROSOFT.COM.

56.13.3 NTEU agrees to notify NRC as soon as practicable of any such suspension or expulsion from membership.

56.13.4 NRC will provide NTEU, Chapter 208 with the names of employees who have terminated their dues withholding as soon as practicable after receipt of request.

56.14 ADMINISTRATIVE ERRORS IN PROCESSING DUES WITHHOLDING 56.14.1 In the event the NRC erroneously removes an employee from the bargaining unit as a result of administrative error(s) for which the NRC is responsible, and thereby inappropriately ter-minates a proper dues allotment, or fails to begin dues withholding in accordance with this Article, the NRC will:

56.14.1.1 Correct the error and begin or reinstate the dues allotment no later than the fol-lowing pay period after becoming aware of the error; and 56.14.1.2 Pay the full amount owed to the Union and recoup the funds from the employees salary through a salary adjustment. These adjustments are subject to the employ-ees right to seek waiver of overpayment in accordance with the Debt Collection Act of 1982 and applicable implementing regulations 176

Article 57 Duration NRC/NTEU Collective Bargaining Agreement Article 57 Duration 57.1 DURATION 57.1.1 This Agreement shall remain in effect for a period of four years from its effective date and shall be automatically renewable for additional one year periods unless either Party notifies the other Party, in writing, at least sixty calendar days, but not more than one hundred five calen-dar days prior to the expiration date of its intention to re-open, amend, modify, or terminate this Agreement. Such written notice shall be accompanied by proposed ground rules or a state-ment of the provision(s) in the Agreement that the Party desires to modify.

57.1.2 When the agreement is reopened in accordance with this Article, either party may terminate an Agreement provision that is permissively negotiable. Any provision of the Agreement that con-flicts with a government-wide regulation that took effect during the term of this Agreement will be brought into compliance with that regulation, subject to any bargaining obligations regard-ing that change. Such changes shall be effective upon conclusion of any required negotiations over impact and implementation.

57.1.3 When notice of desire to re-open, amend, modify, or terminate is given, the Parties shall confer within fourteen calendar days to schedule a meeting for the purpose of negotiating ground rules for the conduct of negotiations on a new Agreement. This meeting should occur no later than thirty calendar days prior to the expiration date of this Agreement.

57.1.4 Except as provided in Section 57.1.2 of this Article, if negotiations on a new Agreement are not concluded prior to the expiration date, this Agreement shall continue in full force until a new Agreement has been approved.

57.2 REOPENERS Either party may reopen up to four (4) articles of this agreement by serving proposals on the other party during the twenty-fourth (24) month of this agreement (calculated from its effective date).

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Subject Index NRC/NTEU Collective Bargaining Agreement Subject Index Accretion of Duties............................................. 17, 18 Changes................................................................... 42 Administrative leave................................................. 16 Child Care................................................................ 36 Admonishment................................................... 44, 46 Classification............................................................ 21 Adoption................................................................... 15 Close-out appraisal.................................................. 25 Alternative Discipline.......................................... 44, 45 Collective Bargaining Agreement (CBA).............. 1, 57 Alternative Dispute Resolution......................... 4, 5, 46 Combined Federal Campaign.................................... 3 Advanced Leave....................................................... 12 Commuting Delays............................................. 14, 16 Adverse Actions........................................................ 45 Comp time................................................................ 29 Affirmative Action Plan................................................ 5 Compensatory time.................................................. 29 Agreement............................................................ 1, 57 Compensatory time for travel................................... 29 All-hands meetings..................................................... 4 Complaint................................................................... 5 Alternative Discipline.......................................... 44, 45 Compressed Work Schedule...................................... 6 Alternate Dispute Resolution............................ 4, 5, 46 Conference............................................................... 26 Annual Leave............................................... 10, 12, 16 Continuity of operations.............................................. 7 Annuity..................................................................... 33 Contract................................................................ 1, 57 Appeal...................................................................... 46 Core time (hours)....................................................... 6 Appraisal.................................................................. 25 Counseling......................................................... 44, 46 Arbitration................................................................. 47 Counseling memo.......................................... 7, 24, 25 Area of consideration............................................... 17 Court Leave.............................................................. 16 Assignments............................................................. 21 Coverage.................................................................... 1 Awards................................................................ 22, 23 Credit Hours............................................................... 6 Bargain..................................................................... 42 Crediting plan........................................................... 17 Bargaining unit employee........................................... 1 Compressed Work Schedule...................................... 6 Benchmarks............................................................. 21 Day Care.................................................................. 36 Best Qualified List.................................................... 17 Day care subsidy...................................................... 36 Birth.......................................................................... 15 Daycare Labor Management Subcommittee............ 41 Blood donation......................................................... 16 Desk audit.......................................................... 18, 21 Bone marrow donation............................................. 16 Details...................................................................... 19 Breaks........................................................................ 6 Development2............................................................ 6 Building inspection................................................... 38 Direct order (supervisor instruction)........................... 2 Bulletin Boards......................................................... 55 Disciplinary Actions.................................................. 44 Call-back.................................................................. 28 Discrimination....................................................... 5, 46 Certification record................................................... 17 Division meetings....................................................... 4 Combined Federal Campaign.................................... 3 Donations................................................................... 3 179

NRC/NTEU Collective Bargaining Agreement Subject Index Dues......................................................................... 56 Internal union business............................................ 52 Dues Withholding..................................................... 56 Investigation............................................................... 2 Duration-Contract..................................................... 57 Job competition........................................................ 17 Duties....................................................................... 21 Job descriptions....................................................... 21 EEO Labor Management Subcommittee.................. 41 Kalkines...................................................................... 2 Employee Assistance Program................................ 31 Labor Management Relations Committee................ 41 Employee Rights & Responsibilities........................... 2 Leave................................................10,11,12,14,15,16 Equal Employment Opportunity.................................. 5 Leave restriction........................................................11 Evacuation................................................................ 38 Leave Without Pay................................................... 13 Evaluation........................................................... 19, 25 Loans........................................................................ 34 Excused Absence............................................... 14, 16 Lunch breaks.............................................................. 6 Expanded-compressed work schedule...................... 6 Leave Without Pay................................................... 13 Expedited arbitration................................................ 47 Management Directives........................................ 3, 54 Facilities................................................................... 53 Management Responsibilities.................................... 3 Family and Medical Leave Act............................. 14,15 Management Rights................................................... 3 First-forty schedule..................................................... 6 Maternity Leave........................................................ 15 Fixed telework............................................................ 7 Mediation.................................................................. 46 Formal Meetings......................................................... 4 Medical documentation.............................................11 Garrity......................................................................... 2 Meetings..................................................................... 4 Genetic information.................................................. 46 Mental incapacitation.................................................11 Georgetown Hill........................................................ 36 Merit Selection.......................................................... 17 Gliding schedule......................................................... 6 Merit Systems Principles............................................ 3 Grievance................................................................. 46 Merit Systems Protection Board..................... 4, 25, 45 Group award............................................................. 22 Mid-contract negotiations......................................... 42 Health....................................................................... 38 Military leave............................................................ 16 Health maintenance examination............................. 38 Minimum qualifications............................................. 17 Health services......................................................... 38 Miranda...................................................................... 2 High-quality increases.............................................. 22 Mobility notice........................................................... 20 Holidays...................................................................... 9 Moves....................................................................... 35 Hours of Work............................................................. 6 Negotiations............................................................. 42 Impasses.................................................................. 42 NEWFlex.............................................................. 6, 28 Individual Development Plan.................................... 26 Newsletter................................................................ 54 Information Requests............................................... 43 Non-bargaining unit employee................................... 1 Inspector General....................................................... 2 Non-competitive career promotion........................... 18 Institutional grievance............................................... 46 Non-concurrence........................................................ 2 Insubordination........................................................... 2 NRC facilities............................................................ 53 180

Subject Index NRC/NTEU Collective Bargaining Agreement NRC services............................................................ 54 Position analysis....................................................... 21 NRC values................................................................ 2 Position Descriptions................................................ 21 Occupational Safety and Health Subcommittee....... 41 Pregnancy................................................................ 15 Office closure......................................................... 7,14 Priority consideration................................................ 17 Office coverage.......................................................... 6 Probationary period.................................................. 48 Officers-Union........................................................... 51 Progressive discipline......................................... 44, 45 Official hours............................................................... 6 Prohibited Personnel Practices.................................. 3 Official Time.............................................................. 52 Project-based telework............................................... 7 Officials-Union.......................................................... 51 Promotion........................................................... 17, 18 Office of the Inspector General................................... 2 Public transit subsidy................................................ 27 Oral counseling.................................................. 44, 46 Rating factors........................................................... 17 Organ donation......................................................... 16 Rating official............................................................ 17 Orientation................................................................ 50 Rating panel............................................................. 17 Other Leave.............................................................. 16 Reassignments......................................................... 20 Overpayments.......................................................... 30 Recognition................................................................ 1 Overtime................................................................... 28 Reduction-In-Force................................................... 49 Parental status......................................................... 46 Regional Officers...................................................... 51 Parking............................................................... 27, 39 Regulations................................................................ 3 Parental Leave......................................................... 15 Religious holidays.................................................... 10 Partnership............................................................... 41 Religious time........................................................... 29 Paternity Leave........................................................ 15 Removal from federal service............................. 25, 45 Pay........................................................................... 27 Reprimand.......................................................... 44, 46 Position description.................................................. 21 Reprisal................................................................ 5, 46 Performance action.................................................. 25 Resignation.............................................................. 33 Performance appraisal............................................. 25 Responsibilities.................................................. 2, 3, 4 Performance awards................................................ 22 Retirement................................................................ 33 Performance feedback....................................... 24, 25 Rights................................................................. 2, 3, 4 Performance Improvement Requirements Rotational Assignment.............................................. 19 Memorandum........................................................... 25 Safety....................................................................... 38 Personal hardship...................................................... 7 Safety equipment..................................................... 38 Personnel records.................................................... 43 Same-sex spouse leave........................................... 15 Physical fitness......................................................... 37 Schedules................................................................... 6 Physical incapacitation..............................................11 Serious health condition........................................... 15 Picketing..................................................................... 4 Service award........................................................... 22 Policies....................................................................... 3 Services.................................................................... 54 Policy changes......................................................... 42 Sexual orientation................................................. 5, 46 181

NRC/NTEU Collective Bargaining Agreement Subject Index Sick Leave.....................................................11, 12, 31 Travel........................................................................ 40 Significant improvement........................................... 35 Trial Period............................................................... 48 Simultaneous consideration..................................... 17 Union e-mail announcements................................... 53 Special act award..................................................... 22 Union employee briefings......................................... 52 Special Circumstance Work-at-Home........................ 7 Union notice............................................. 4, 35, 42, 51 Step increases.......................................................... 24 Union office............................................................... 53 Steward time............................................................ 52 Union pictures.......................................................... 54 Stewards.................................................................. 51 Union Representatives............................................. 51 Strike.......................................................................... 4 Union rights & responsibilities.................................... 4 Student loans........................................................... 34 Unsafe conditions..................................................... 38 Study........................................................................ 13 Use or lose leave...................................................... 10 Suggestion awards................................................... 23 Vacancy announcement..................................... 17, 20 Supervisor drop file.................................................. 43 Voluntary overtime.................................................... 28 Suspension............................................. 18, 24, 44, 45 Weather and Safety Leave....................................... 14 Tardiness.................................................................. 16 Weather delays..................................................... 7, 14 Telecommute.............................................................. 7 Weingarten................................................................. 2 Telework..................................................................... 7 Within-Grade increases............................................ 24 Temporary assignment....................................... 19, 32 Work schedules.......................................................... 6 Temporary promotion............................................... 19 Work space............................................................... 35 Termination......................................................... 45, 48 Work-at-Home............................................................ 7 Time.......................................................................... 52 Workstation............................................................... 35 Time-in-grade..................................................... 17, 18 Written counseling.............................................. 44, 46 Training..................................................................... 26 Yellow policy announcements.................................. 54 182

Signature Page NRC/NTEU Collective Bargaining Agreement 2021 Term Negotiations Between U.S. Nuclear Regulatory Commission And National Treasury Employees Union For NTEU: For NRC:

Frank Barczykowski, Chief Negotiator Shannon Rogers, Co-Negotiator National Treasury Employees Union Policy, Labor, and Employee Relations Branch Office of the Chief Human Capital Officer Allison Robinson, Co-Negotiator Policy, Labor, and Employee Relations Branch Office of the Chief Human Capital Officer Michael Gartman, Senior Attorney Labor, Employment and Contract Law Division Office of the General Counsel Laura Shrum, Attorney Labor, Employment and Contract Law Division Office of the General Counsel Stephanie Coffin, Deputy Director Office of Nuclear Regulatory Research Daniel Collins, Director Division of Operating Reactor Safety Region I 183

NRC/NTEU Collective Bargaining Agreement Signature Page Scott Flanders, Deputy Director Office of the Chief Information Officer Andrea Kock, Deputy Office Director for Engineering Office of Nuclear Reactor Regulation Mark Lombard, Director Office of Enforcement Louise Lund, Director Division of Engineering, Office of Nuclear Regulatory Research Julio Lara, Director Division of Reactor Projects Region III September 14, 2021 David Skeen, Deputy Director Date Ratified by Membership Office of International Programs Approved: Approved Frank Barczykowski Daniel H. Dorman Deputy Director of Negotiations Executive Director for Operations National Treasury Employees Union Date: November 15, 2021 Date: November 15, 2021 184

ML21321A264

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2.6.1 Miranda

2.6.2 Garrity

2.6.3 Kalkines

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