DOL-NCFLL COLLECTIVE BARGAINING AGREEMENT

1
DOL-NCFLL COLLECTIVE BARGAINING AGREEMENT

• Effective Date October 1, 2006

2
DOL-NCFLL COLLECTIVE BARGAINING AGREEMENT

• This MS PowerPoint presentation (except for this
  slide) was prepared by U.S. Department of Labor
  management to train managers on the new
  agreement. It does not attempt to report every
  change made to the Agreement, but it will serve
  as a useful introduction and overview. Reviewing
  this presentation cannot substitute for a
  thoughtful read of the Agreement itself.
• Webmaster
• http//www.NCFLL.org

3
Collective Bargaining Agreement

• Background
• Term Agreement Last Negotiated 2002
• 4-Year Contract Subject to Either Party Reopening
• January 2006 Department notified the NCFLL of
  Management Decision to renegotiate the Agreement

4
Collective Bargaining Agreement

• May 1 26, 2006, the Parties bargained at the
  MSHA Training Academy, Beckley, WV
• Reached total agreement on a new 5-year contract,
  effective October 1, 2006
• Subject to Union ratification process

5
Next Steps

• August 2006 - NCFLL will present the new
  Agreement to its members for ratification
• September 2006 Signing ceremony with the
  Secretary of Labor (to be scheduled)
• October 1, 2006 New Agreement goes into effect

6
Summary of New Contract Provisions

• Articles containing no changes or only editorial
  changes are not highlighted

7
Article 2 Governing Laws and Regulations

• 2002 Agreement
• Upon receipt of notification of a management
  change, the NCFLL may request bargaining within
  15 workdays

• New Agreement
• Reduces NCFLL timeframe to request bargaining to
  10 workdays

8
Article 3 - Labor Management Relations Committees

• 2002 Agreement
• National LMR Committee Meetings held quarterly
• Regional LMR Committee Meetings held three times
  per year
• Formal Regional Collective Bargaining Committee
  (RCBC) Structure

• New Agreement
• Changes to three times per year
• Changes to two times per year
• Eliminates RCBCs Replaces with NCFLL points of
  contact for specific purposes

9
Article 3 - Labor Management Relations Committees
(Cont)

• 2002 Agreement
• Complicated equation delineating allowable trips
  and costs borne by the Department for NCFLL
  officials to attend Regional LMR Committee
  Meetings

• New Agreement
• Nationwide, reduces travel reimbursement from 66
  to 50 union officials, with no more than six
  NCFLL Representatives per region

10
Article 4 Labor-Management Cooperation

• 2002 Agreement
• Delineated transition in connection with
  rescission of former Executive Order on
  Labor-Management Partnership

• New Agreement
• Deletes provision in its entirety no longer
  relevant

11
Article 6 NCFLL Stewards

• 2002 Agreement
• Steward designation based on ratio of 1 per 75
  bargaining unit employees

• New Agreement
• Changes ratio to 150 but restricts the number of
  stewards that can be designated for any one office

12
Article 7 Regional and National Union Officials

• 2002 Agreement
• Provided for 66 NCFLL Regional Officials
  nationwide (in addition to steward structure)
• Stipulated 11 National Officials

• New Agreement
• Reduces number of NCFLL Regional Officials to 33
• Retains 11 National Officials

13
Article 8 Official Time and Travel Expenses for
Representational Activity

• 2002 Agreement
• Number of employees entitled to official time for
  group grievances ranged from 2-6, depending on
  the number of grievants

• New Agreement
• Changes range to 1-3

14
Article 9 Use of Official Facilities

• 2002 Agreement
• Provided for DOL to distribute Union newsletter
  to employees at work site

• New Agreement
• Eliminates DOL distribution of Union newsletters

15
Article 15 Grievance Procedure

• 2002 Agreement
• Provided for stays of adverse actions,
  discipline, and some merit staffing actions.
• Contained ambiguous language relative to
  timeframes and process
• Did not stipulate procedure for the Department to
  file a grievance

• New Agreement
• Eliminates all stays
• Includes new, specific timeframes and language to
  tighten up and strengthen the process
• Includes a provision stipulating procedure for
  Department to file a grievance

16
Article 16 - Arbitration

• 2002 Agreement
• Did not result in timely hearing of discipline
  and adverse action arbitration cases
• Provided for uniform procedure in all cases

• New Agreement
• Provides for establishment of regional permanent
  panels of Arbitrators for expeditious hearings of
  discipline and adverse action cases
• Creates new expedited process for many cases

17
Article 20 Merit Staffing

• 2002 Agreement
• Existing contract provision had been supplanted
  by subsequent MOU

• New Agreement
• Revised to incorporate MOU, reflecting the
  Departments use of electronic hiring process
• Clarifies career ladder promotion process
• Stipulates life of certificate to be 90 days

18
Article 21 Personnel Records

• 2002 Agreement
• Language not based on E-OPF environment

• New Agreement
• Modifies language to reflect the E-OPF environment

19
Article 22 - Training

• 2002 Agreement
• Provided that DOL pays travel expenses for 40
  hours of steward training for all NCFLL stewards
  each year
• Obligated DOL to pay travel expenses for annual
  NCFLL Leadership Conference

• New Agreement
• Revises to share cost of steward training with
  Union. Each party to pay travel expenses every
  other year
• Eliminates DOL obligation for travel expenses of
  Leadership Conference with the exception of the
  NCFLL Executive Council

20
Article 23 (10) - Space

• 2002 Agreement
• Ambiguous language as to the process for sharing
  and negotiating with the NCFLL relative to space
  changes

• New Agreement
• Clarifies pre-decisional involvement of roles and
  responsibilities following decisions made by
  management

21
Article 24 Official Travel

• 2002 Agreement
• Contained no reference to recent changes in
  governmentwide regulations

• New Agreement
• Clarifies regulatory cites and incorporates new
  compensatory time travel regulations
• Incorporates revised E-Travel procedures

22
Article 25 Hours of Work

• 2002 Agreement
• Lacked reference to Flexible and Compressed Work
  Schedules related to rescheduling authority

• New Agreement
• Clarifies rescheduling authority for employees
  working on flexitime or compressed work schedules

23
Article 27 Flexible Work Schedules

• 2002 Agreement
• Provided for six different flexible schedules
  maintained multiple agency/regional negotiated
  flexitime plans

• New Agreement
• Eliminates all prior negotiated Agency/Office
  flexible work plans
• Provides for a single, uniform DOL-wide flexible
  schedule namely, the Variable Week
• Allows employees to opt out and work a fixed
  Compressed or Standard work schedule

24
Article 27 Flexible Work Schedules (Cont)

• 2002 Agreement
• Span of Workday
• 600 a.m. 630 p.m.
• Core Hours
• 930 a.m. 300 p.m.
• Rounding of Time
• Rounded total daily time down to nearest 15
  minutes

• New Agreement
• Span of Workday
• 600 a.m. 700 p.m.
• Core Hours
• No Change
• Rounding of Time
• Changes rounding of total pay period time to
  the nearest 15 minutes

25
Article 28 - Flexiplace

• 2002 Agreement
• Language consistent with existing laws, rules and
  regulations

• New Agreement
• The Department agreed to pilot flexiplace in
  certain organizations not historically utilizing
  flexiplace

26
Article 32 (47) Reduction in Force

• 2002 Agreement
• Language in need of update to be consistent with
  existing laws, rules and regulations

• New Agreement
• Adds language to be consistent with Department
  Personnel Regulations 351 and 330
• Deletes outdated language relative to placement
  assistance to displaced employees

27
Article 34 Safety and Health

• 2002 Agreement
• Provided for Regional Safety Health Committee
  process
• Existence of CBA language and several subsequent
  MOUs

• New Agreement
• Eliminates Regional Safety Health Committees.
  Creates new, nationwide Safety Health Committee
  for the entire DOL field structure
• Incorporates MOUs, including Voluntary Protection
  Program, into contract language

28
Article 35 Employee Wellness

• 2002 Agreement
• Language in need of update to be consistent with
  current DPR for fitness subsidies

• New Agreement
• Updates references to paying fitness subsidies
  and deletes language relative to fitness program
  funding allocation

29
Article 36 Annual Leave

• 2002 Agreement
• Language basically current and in need of only
  minimal change

• New Agreement
• Clarifies responsibility for scheduling leave
  procedures for using restored leave and approval
  and limitation of advanced annual leave

30
Article 37 Administrative Leave

• 2002 Agreement
• Language current and in no need of substantive
  change

• New Agreement
• Includes language relating to participation in
  military funerals

31
Article 43 Performance Management

• 2002 Agreement
• Contains erroneous reference to overall
  performance level terminology

• New Agreement
• Changes terminology to be consistent with
  Department Personnel Regulation 430
• Clarifies language relative to ongoing employee
  performance feedback and midyear progress reviews

32
Article 44 Performance Awards

• 2002 Agreement
• Contains erroneous reference to overall
  performance level terminology

• New Agreement
• Changes terminology to be consistent with
  Department Personnel Regulation 430

33
Article 45 Within Grade Increases

• 2002 Agreement
• Contains erroneous reference to overall
  performance level terminology
• Required PIP when a denial of a WIGI occurs
  regardless of rating level

• New Agreement
• Changes Terminology to be consistent with
  Department Personnel Regulation 430
• PIP only required for a summary rating level of
  Unsatisfactory

34
Article 49 Contracting Out and Competitive
Sourcing

• 2002 Agreement
• Language outdated and not consistent with current
  competitive sourcing environment

• New Agreement
• Includes language as to the Unions role in
  competitive sourcing, notification of formal
  meetings, sharing of information, and career
  transition services

35
Article 56 (60) Supplemental Agreements

• 2002 Agreement
• Retained several Supplemental Agreements
  pre-dating contract

• New Agreement
• Eliminates most prior supplemental agreements
• Carries over several MOUs negotiated during term
  of previous contract, many the result of various
  DOL E-Gov initiatives

36
Article 57 (61) Duration and Termination

• 2002 Agreement
• Provided for duration of four years
• Contained three formal re-opener provisions

• New Agreement
• The duration of the new CBA is five years
• There are no re-opener provisions in this
  agreement

37
New Article 4 Mid-Term Bargaining

• 2002 Agreement
• The substance of this Article is contained in
  Article 3 Labor Management Committees and
  Mid-Term Negotiations

• New Agreement
• The substance of this Article was separated from
  Article 3 to provide clarity to the subject
  matter
• Eliminates reference to existing RCBC structure.
  Stipulates for the designation of Union officials
  for purpose of notification and bargaining
• Clarifies procedural timeframes

38
New Article 41 Leave Bank

• 2002 Agreement
• Agreement does not provide for a regional leave
  bank

• New Agreement
• Provides for a single Voluntary Leave Bank for
  the regions. Note The establishment of a
  regional leave bank program is a matter of Policy
  and will not be restricted to NCFLL bargaining
  unit employees

39
New Article 11 Alternative Dispute Resolution

• 2002 Agreement
• ADR is only briefly cited as part of the
  Grievance Procedure of the current agreement

• New Agreement
• The parties mutually recognize the value of ADR
  and agreed to develop a separate article to
  emphasize the importance of ADR and to allow for
  the use of ADR in resolving workplace disputes
  within or outside the grievance/arbitration
  procedure

40
New Article 32 Information Sharing

• 2002 Agreement
• Matters relating to the sharing of information
  with the NCFLL on a regular basis not centrally
  identified within the CBA

• New Agreement
• The parties agreed to consolidate a listing of
  all reports due to the Union in one article for
  ease of contract administration

41
New Article 23 Quality of Service

• 2002 Agreement
• No current article

• New Agreement
• Brief article providing a statement of the
  Departments commitment to ensuring that
  bargaining unit employees receive high quality
  and efficient administrative services, including
  employee compensation, benefits, and financial
  services

42
Summary of Significant Changes

• Reduces National LMR Meetings from 4 to 3
• Reduces Regional LMR Meetings from 3 to 2
• Eliminates formal Regional Collective Bargaining
  Committee structure
• Reduces costs related to number of meetings and
  attendees related to Regional LMR Meetings

43
Summary of Significant Changes (Cont)

• Reduces travel costs related to National Office
  LMR Committee Meetings 25
• Reduces number of NCFLL Regional Officials by 50
• Reduces number of grievants entitled to official
  time for group grievances from a range of 2-6 to
  a range of 1-3
• Reduces travel costs related to the NCFLL
  Leadership Conference

44
Summary of Significant Changes (Cont)

• The Department no longer distributes Union
  newsletters
• Mutual agreement to foster ADR and AAD
• Eliminates stay provision
• Aligns Flexible and Compressed Work Schedules
  with the DPR and Local 12 Agreement

45
Summary of Significant Changes (Cont)

• Updates competitive sourcing and reduction in
  force provisions
• Establishes single Voluntary Leave Bank for all
  regions
• Changes performance level terminology to be
  consistent with current policy
• PIPs required only as stipulated by law and
  governmentwide regulation
• Five year duration for CBA