NTEU CHAPTER 280 - U.S. ENVIRONMENTAL PROTECTION AGENCY,  NATIONAL HEADQUARTERS
BEN FRANKLIN STATION,  BOX 7672, WASHINGTON D.C. 20044 - PHONE 202-566-2788
INTERNET http://www.nteu280.org  E MAIL Hirzy.John@epa.gov

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Collective Bargaining Agreement

Between

The National Federation of Federal Employees, Local 2050

And

The U.S. Environmental Protection Agency Headquarters,

Washington, D.C.

I. INTRODUCTION   1

II. HUMAN RESOURCES COUNCILS   3

III. LABOR/MANAGEMENT COMMITTEE   5

IV. UNION RIGHTS / EMPLOYEE RIGHTS / MANAGEMENT RIGHTS  6

Memorandum of Agreement Concerning "Partnership"   8

V. USE OF OFFICIAL TIME BY UNION REPRESENTATIVES 9

VI. DUES WITHHOLDING 12

VII. GRIEVANCE PROCEDURE 13

VIII. EQUAL OPPORTUNITY 19

IX. FACILITIES AND SERVICES 19

X. SAFETY AND OCCUPATIONAL HEALTH/INDOOR AIR 22

XI. SMOKING POLICY 25

XII. ALTERNATIVE WORKSPACE 25

XIII. FLEXIPLACE PROGRAM 31

XIV. MOVE AGREEMENT 32

XV. CHILD CARE 32

XVI. TRANSIT SUBSIDY 33

XVII. COMPRESSED WORK WEEK 34

XVIII. PERFORMANCE AGREEMENTS AND APPRAISALS 37

Appendix to Performance Agreements and Appraisals Article XVIII 37

XIX. RIF/FURLOUGH 39

XX. GOVERNMENT TRAVEL AND TRANSPORTATION CHARGE CARD PROGRAM 44

XXI. PROFESSIONALISM AT EPA 45

XXII. SCOPE, SURVIVABILITY AND NEGOTIATIONS DURING THE LIFE OF THIS AGREEMENT 46

XXIII. IMPLEMENTATION OF AGREEMENT 47

XXIV. DURATION OF THIS AGREEMENT 48

Excerpts from Regulations Concerning Professional Conduct and Employee Protections S-1

Headquarters Labor/Management Partnership Council Generic Move Agreement of Bargaining-Unit Employees S-4

Memorandum of Agreement Concerning the RIF Competitive Area for Headquarters Bargaining-Unit Employees S-17

ARTICLE I. INTRODUCTION

Section 1. Parties to the Agreement

This contract is entered into by:

A. The National Federation of Federal Employees, Local 2050, the exclusive representative of EPA professional employees employed at EPA's Headquarters Offices located in Washington, D.C. metropolitan area, hereafter referred to as the "UNION;" and

B. The Environmental Protection Agency, Headquarters, Washington, D.C., hereafter referred to as the "AGENCY."

Section 2. Inclusions and Exclusions

This agreement applies only to those individuals performing functions classified as "professional" under the Civil Service Reform Act of 1978.

This agreement does not apply to individuals or positions that are non-professional, managerial, supervisory, confidential, intelligence or other security work directly affecting national security, investigation or audit functions related to the internal security of EPA, consultants and experts appointed under 5 CFR 213.301, Public Health Service Commissioned Corps Officers, IPA assignments, intermittent status, and temporary employment of 90 days or less.

Section 3. Definitions

A. The term "PROFESSIONAL" or its plural refers to professional employees of the Agency.

B. "PROFESSIONAL EMPLOYEE" means:

1. An employee engaged in the performance of work

a. requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital (as distinguished from knowledge acquired by a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, mechanical, or physical activities);

b. requiring the consistent exercise of discretion and judgment in its performance;

c. which is predominantly intellectual and varied in character (as distinguished from routine mental, manual, mechanical, or physical work); and

d. which is of such character that the output produced or the result accomplished by such work cannot be standardized in relation to a given period of time; or

2. an employee who has completed the courses of specialized instruction and study described in B(l)(a) of this section and is performing related work under appropriate direction or guidance to qualify the employee as a professional employee described in B(1) of this section.

C. The term "EMPLOYEE" or its plural, if not specifically qualified (see "professional employee" above), refers to Agency personnel. It is understood that this agreement creates no rights, duties or obligations concerning employees or positions not in the bargaining-unit represented by NFFE Local 2050.

D. The term "MANAGEMENT OFFICIAL" or its plural refers to employees of the Agency in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the Agency.

E. The term "SUPERVISOR" or its plural refers to employees of the Agency in a position the duties and responsibilities of which include having authority in the interest of the Agency to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove employees, to adjust their grievances or to effectively recommend such action.

F. "DAYS" means calendar days unless otherwise specified.

Section 4. Coverage

This contract governs portions of the relationship between EPA professionals represented by NFFE Local 2050 and the Agency. Since all aspects of this relationship cannot and should not be reflected in this document, the Parties wish to emphasize their desire to routinely discuss and seek each other's viewpoints and ideas on various issues and to do so without fear that they may be surrendering a right they possess. The Parties agree that a dialogue between them is desirable to promote cooperation and prevent conflict. The Parties understand that when either party offers an opportunity to participate in a process outside the statutory framework, they have not waived any right nor established a precedent. It is understood that inclusion in or exclusion from the bargaining unit cannot be determined through the dispute resolution process contained in this agreement.

Section 5. Basis for and Principles of the Agreement

This collective bargaining agreement between the National Federation of Federal Employees, Local 2050, and the Environmental Protection Agency, Headquarters, Washington, D.C., is negotiated with the belief and faith that a cooperative approach to relationships between professionals and Agency officials benefits all concerned and contributes to an effective and efficient government.

Articles in this agreement reflect our reliance on the principles enunciated by Congress in the Civil Service Reform Act of 1978 (Public Law 95-454), especially those portions which state:

A. "... labor organizations and collective bargaining in the civil service are in the public interest;"

B. "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 Government."

Provisions of this agreement should be interpreted in a manner consistent with the requirements of an effective and efficient Government, and the understanding that professionals are motivated to quality performance when they:

- strive to attain the highest level of professional ethics and public service;

- possess a clear understanding of the Agency's mission and their responsibilities to the people of the United States;

- are respected for their unique talents and responsibilities;

- enjoy a work environment that supports the development and maintenance of professional skills; and

- are encouraged to engage in open dialogue with peers, management, Congress and the public;

and they realize their responsibility to:

- provide a full day of work for a full day's pay;

- participate with supervisors in setting goals and pursue supervisory directions with vigor once policy decisions are final;

- perform in a manner that enhances the efficiency of the service; and

- recognize and respect the role of the supervisors and managers in the organization.

Section 6. Support for Agency Mission

The Parties intend this agreement to further the EPA's mission and the high levels of employee performance and efficiency which are necessary to accomplish that mission. This mission, established by the President on December 2, 1970, created EPA as an agency of the U.S. Federal Government to coordinate and integrate the programs mandated by Congress to protect public health and the environment. This requires the combined talents of all employees who are dedicated to accomplishing this mission in the most efficient and effective manner possible. It is understood that the Agency's mission is not grievable, arbitrable, nor subject to bargaining in any form. (The above description of the Agency's mission is included for informational purposes only and in no way represents diminution of the Agency's retained right to decide its mission under 5 USC 7lO6(a)(l).)

ARTICLE II. HUMAN RESOURCES COUNCILS

Section 1.

The Administrator's Human Resources Council and Assistant Administrators/Office Directors' mini-councils are currently established within the Agency. Both the Agency and the Union encourage professionals to participate in the Human Resources Councils in order to contribute to decisions which affect their daily work, their work environment, their professional growth and their personal development. Human resource initiatives are designed to further the effectiveness and personal satisfaction of professionals as well as to achieve the goals of the Agency more efficiently.

Section 2.

When the Agency establishes organizational Human Resources Councils that include bargaining unit employees as members of the Council, a Union representative must be included as a Council member to provide the opportunity for representation of bargaining-unit views to the Council. Where possible, the Union's representative will be an employee of that particular organizational unit who has a knowledge and interest in the various problems and issues confronting the organization.

Section 3.

When a Human Resources Council recommends a change in existing practices which is within the duty to bargain, the Agency will not implement the change until the Union has been given the opportunity to bargain over the proposed change.

Section 4.

When the Agency holds all-employee meetings within an organization to discuss and solicit comments on human resource initiatives from professionals, the Union will be invited to be present.

Section 5.

Purpose: This section describes the relationship between NFFE Local 2050 and the Agency in dealing with proposals for changing working conditions initiated by the Agency Human Resources Council and Mini-Councils.

Background: Human Resources Councils functioning at the Agency, Assistant Administrator, Officer Director levels and lower organizational units often generate proposals which change policies or procedures affecting employees. Because these proposed changes alter the working conditions for employees, the opportunity for review, comment and possible negotiations must be provided to the Union before changes can be implemented.

Principle: NFFE Local 2050, as the official representative of professional employees at Headquarters, must be given the opportunity to be present at meetings of all Human Resources Councils. The responsibility for notifying the Union of meetings rests with the head of the Human Resources Council or Mini-Council calling the meeting. The role of the Union representative is to listen to issues, learn of possible solutions and provide a bargaining-unit perspective to discussions.

Proposals which affect bargaining-unit personnel by changing policies or procedures governing the working conditions must undergo the following review and approval process before changes can be put into effect:

Notification: It is the responsibility of the Council Head to draft a memorandum to the Director of the Office of Human Resources and Organizational Services (OHROS), or designee, delineating the nature of the proposed policy or procedural change. The change will not be implemented until approval has been granted by the Director of OHROS.

Labor-Management Committee Review Process: The Director of OHROS or designee will bring the proposal for change to the attention of the Labor-Management Committee which will determine if negotiations between the Council and Union will be needed before approval for implementation can be granted. If the Labor-Management Committee concludes that negotiations are needed to clarify or resolve any issue, a subcommittee having two Union and two Agency representatives will be formed. At least one of the Union representatives will come from the organizational unit proposing the change. At least one of the Agency representatives will be from the Human Resources Council generating the proposal. It is the responsibility of the Labor-Management Committee to notify the Head of the Human Resources Council initiating a proposal if the subcommittee process is necessary. Such notification will normally occur no later than five working days after presentation of the proposal by the Director, OHROS, or designee. The subcommittee negotiation process will be monitored by the Labor-Management Committee to assure that matters are given timely attention.

Approval: Approval for implementation of a proposed change will be contained in written notification from the Director, OHROS, or designee, to the originating Human Resources Council. If negotiated agreement cannot be reached, the Labor-Management Committee, in consultation with the proposing Council, can decide to submit the question to the Federal Service Impasses Panel or other process designed to gain resolution.

Implementation: Proposals changing personnel policies, procedures or general conditions of employment can not be implemented at Headquarters without proper Union notification, opportunity for review, comment and negotiations. Changes implemented without approval from the Director, OHROS or designee are invalid.

Section 6. Transition to Local Partnership Councils

The Parties expect to replace the current Human Resources Councils with local partnership councils and are in the process of negotiating such agreements. The Parties understand that the agreement does not represent a bar to such negotiations during the term of this agreement.

ARTICLE III. LABOR/MANAGEMENT COMMITTEE

Section 1. Purpose

Both Parties to this agreement have stated their interest in fostering a cooperative working relationship. Issues that arise should be resolved in a manner that considers the needs of both Parties. The Parties further agree that this can be achieved most effectively and amicably through a standing Labor/Management Committee (LMC) as described below. The LMC will facilitate agreements as they are capable of being handled and will enable the Parties to make changes in existing agreements as the situations dictate. This flexibility is necessary for a proper working relationship in this complex Agency.

Section 2. Structure and Procedures of the Labor/Management Committee

The Committee will consist of two representatives of the Union and two representatives of the Agency. The Committee will determine the procedures to be used for each issue under consideration. Either party may submit any issue to LMC. The party raising an issue is expected to present the issue in writing before the first meeting and allow a reasonable amount of time for review before the meeting. The agenda, timing and recording of minutes will be determined by the Committee. The Parties agree to strive for consensus including the method or procedure for effecting, promulgating, and seeking compliance with the LMC's decisions. If there is a failure to reach a consensus on a matter outside the duty to bargain, the Parties will try to develop mechanisms for resolution. Such efforts do not imply that management has in any way waived its rights enumerated in 5 USC 7106. Disputes which are within the duty to bargain will be referred to Union/Agency negotiators for traditional contract negotiations under the Act.

ARTICLE IV. UNION RIGHTS / EMPLOYEE RIGHTS / MANAGEMENT RIGHTS

Section 1. Union Rights

A. NFFE Local 2050 which has been accorded exclusive recognition is the exclusive representative of the employees in the professional bargaining unit and is entitled to act for and negotiate collective bargaining agreements covering all employees in the unit. NFFE Local 2050 is responsible for representing the interests of all employees in the unit without discrimination and without regard to labor organization membership.

B. NFFE Local 2050 shall be given the opportunity to be represented at--

1. any formal discussion between one or more representatives of the Agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or

2. any examination of an employee in the unit by a representative of the Agency in connection with an investigation if--

(a) the employee reasonably believes that the examination may result in disciplinary action against the employee; and

(b) the employee requests representation.

C. The Agency agrees that when it decides to change personnel policies, practices or other conditions of employment, to notify the Union in writing, as soon as practicable and as required by law or regulation, to afford the Union the opportunity to request bargaining on the impact and implementation of any changes. Both Parties recognize that there may be compelling circumstances when the Agency must act quickly. If the union wishes to request bargaining on a proposed change, it will inform the designated management representative, in writing, within 10 calendar days from the date it was notified of the proposed change, followed by written proposals within 20 calendar days from the date it was notified of the proposed change.

Section 2. Employee Rights

A. Right to Join or Assist Union: Each employee shall have the right to join or assist the Union 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 under law, such rights include the right:

1. To 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. To engage in collective bargaining with respect to conditions of employment through representatives chosen by bargaining-unit employees.

B. Supervision and Assignment of Work: Work assignments will generally be consistent with the employee's position description and performance agreement. Employees will be informed of their supervisor of record for purposes of supervision and evaluations.

C. Personnel Records: Employees and their authorized representatives may be granted a reasonable amount of official time, upon approval of the supervisor, to:

1. Examine their Official Personnel Folder (OPF), except as limited by Office of Personnel Management, Executive Order or other government-wide and Agency regulations.

2. Consistent with OPM guidelines employees may submit to the appropriate authority responses to materials placed in the OPF.

D. Professional Development: In the interest of maintaining the professional competence of Agency employees, professional employees are encouraged to engage in activities directed at keeping current in their fields. Attendance in at least one major training program per year of a relevant professional society is encouraged but must be consistent with 5 USC 5946 (pertaining to payment of membership fees.)

Section 3. Management Rights

A. (Derived from 5 USC 7106(a)):

Subject to Sections B and C below, nothing in this Agreement shall affect the authority of any management official of the Agency--

1) to determine the mission, budget, organization and internal security practices, and

2) in accordance with applicable laws--

a) to hire, assign, direct, layoff and retain employees in the Agency or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

b) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted;

c) with respect to filling positions, to make selections for appointments from among properly ranked and certified candidates for promotion, or any other appropriate source; and

d) to take whatever actions may be necessary to carry out the Agency mission during emergencies.

B. (Derived from 5 USC 7106(b)):

Nothing in this article shall preclude the Agency and the Union from negotiating--

1) at the election of the Agency: on the numbers, types, and grades of the employees or positions assigned to any organizational subdivision, work project or tour of duty; or on the technology, methods, and means of performing work;

2) procedures which management officials of the Agency will observe in exercising any authority under this Article; or,

3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

Memorandum of Agreement Concerning "Partnership"

BETWEEN LOCAL 2050, NATIONAL FEDERATION OF FEDERAL EMPLOYEES

AND HEADQUARTERS, U.S. ENVIRONMENTAL PROTECTION AGENCY

Introduction: Local 2050, National Federation of Federal Employees, (hereafter referred to as Local 2050) is the exclusive bargaining representative for professional employees located at Headquarters, U.S. Environmental Protection Agency (hereafter referred to as EPA). Local 2050 and EPA (hereafter collectively referred to as the "Parties") conduct collective bargaining and administration of collective bargaining agreements pursuant to the Federal Service Labor-Management Relations Act at 5 United States Code chapter 71.

On October 1, 1993, the President of the United States issued Executive Order 12871. In pertinent part, E.O. 12871 provided that the heads of agencies shall negotiate over the subjects set forth in 5 USC §7106(b)(1) of the Federal Service Labor-Management Relations Act, and that heads of agencies should instruct subordinate officials to do the same.

The Parties agree that this Memorandum of Agreement (MOA) between Local 2050 and EPA is a step in the implementation of that part of E.O. 12871 and is appended to the Union, Employee, and Management Rights Article.

Memorandum of Agreement:

The Parties agree as follows:

A. In accord with the spirit and the letter of Executive Order 12871, the EPA agrees to meet and confer and to bargain with Local 2050 over the matters covered by 5 USC §7106(b)(1).

B. The Parties recognize and agree that the refusal to bargain over a 5 USC §7106(b)(1) matter is excluded from the grievance procedure and may not be submitted to arbitration.

For the EPA: For Local 2050:

Linda J. Wallace F. James Handley

Andrew J. Moran James J. Murphy

John H. Wheeler

ARTICLE V. USE OF OFFICIAL TIME BY UNION REPRESENTATIVES

Section 1. Representational Duties

A. Four full-time positions will be allotted to the Union for the offices of: President, Executive Vice-President, Chief Steward, and Senior Vice-President. Under no circumstances shall these individuals be required to perform any other work for the Agency while serving as union officials on 100% official time.

B. All other authorized official time used by representatives of the Union in conducting authorized representational duties as listed below shall be charged against a bank of 3,000 hours per fiscal year.

C. In the event of the Union's using all of the 3,000 hour time bank before the end of the fiscal year, the Parties may agree to a case-by-case "reasonable time" use of additional time by the Union as determined in a special meeting of the Labor-Management Committee. Of special concern is the amount of official time that may be required to participate in activities related to the Agency's Labor/Management Partnership efforts.

D. Each Union representative who uses official time under this agreement, including any Union representative other than those on 100% official time, shall submit Form 3160-5(4-78) biweekly to his or her time-keeper along with any other time accounting form specified by the representative's program office. Categories of use will be recorded consistent with the Federal Labor Management Statute. Management shall provide the Union with an accounting of the time used from the bank on a bi-weekly basis. Union representatives using time from the bank shall be identified to the Labor Relations Designee once annually when the first use of time occurs. A list of union representatives authorized to draw on the time bank will be provided to the Labor Relations Designee upon the effective date of this agreement. Any changes to the list will be provided to Labor Relations Designee in advance of new representatives using the time bank; advance notice will generally be at least one week before a new representative uses this time. Annual and sick leave will be reported and requested by all union representatives in accord with the EPA Leave Manual.

E. No Union representative shall be prejudiced or adversely affected for using official time for authorized representational activity.

F. If either party experiences problems with the operation of this article, the aggrieved party's designated representative may contact the other party's representative to meet and discuss the situation. If resolution is not possible, the problem will be addressed in a special session of the Labor/Management Committee. If resolution is still not possible, the Parties will request their respective representatives to meet and try to resolve the problem. Representatives are empowered to seek the assistance of Federal Mediation Conciliation Service (FMCS). When the Parties cannot resolve the issue through this process, either (or both) may initiate the grievance and arbitration procedure.

G. Union officials on 100% official time may volunteer to do work for their program offices; ratings for this work shall be governed by section 2 of this Article. The Labor Relations Designee shall be notified in writing in advance by the employee's program office supervisor when such work is to be done.

H. Authorized uses of official time are:

1. To communicate with bargaining-unit members on issues involving terms and conditions of employment of bargaining-unit members;

2. To prepare and present grievances, ULPs and arbitration cases;

3. To handle complaints by bargaining-unit employees in attempting to resolve problems before a grievance or other formal complaint is filed;

4. To prepare for and participate in mediation and impasse proceedings;

5. To prepare witnesses;

6. To prepare for and conduct negotiations;

7. To prepare replies to notices of proposed disciplinary, adverse or unacceptable performance action;

8. To prepare reconsideration statements in connection with denials of within-grade increases in salary;

9. To meet with representatives of the Union's national staff in connection with grievances, arbitrations, ULPs and negotiations;

10. To prepare for and participate in a Federal Labor Relations Authority investigation or preparation for hearing as a union representative;

11. To prepare for and participate in joint labor-management committees;

12. To participate in training designed primarily to further the interest of good government by improving labor-management relations;

13. To prepare and maintain records and reports required by the union by 5 USC 7120;

14. To contact Members of Congress and their staffs to discuss representational matters, i.e. matters affecting the terms and conditions of employment of bargaining-unit employees, such as indoor air quality, proposed removals, etc.;

15. To prepare for and conduct formal discussions with management concerning personnel policies and practices and other terms and conditions of employment;

16. To prepare for and participate in examination of employees in the unit by a management representative in connection with an investigation if the employee reasonably believes that disciplinary action against the employee may result from the examination, and the employee requests representation.

17. To pursue other representational activities that protect the right of EPA Headquarters professional employees to organize, bargain collectively and participate through the Union in decisions which affect them, and that facilitate and encourage the amicable settlement of disputes between bargaining-unit employees and managers, contribute to effective conduct of public business, and safeguard the public interest; and

18. To respond to parties, including journalistic media and members of the general public, who make inquiries of the Union about issues affecting the terms and conditions of employment of the bargaining-unit.

Section 2. Timekeeping and Other Administrative Procedures for 100% Union Officials

A. TIME CARDS AND LEAVE APPROVAL: The Union president will collect Form 3160-5 biweekly from their respective full-time representatives and forward the form(s) along with annual or sick leave requests to the Labor Relations designee. Each full-time union official will certify his or her time by signing the form.

Union presidents will certify and submit their own Form 3160-5 to the Labor Relations designee.

The Labor Relations designee will sign annual and sick leave requests and official TIME CARDS for all full-time union representatives. An official time card will be signed only after the Form 3160-5 is certified and submitted to the HQ Labor Relations designee.

The administrative process for timekeeping for all union representatives will be coordinated by the Labor Relations designee.

B. PERFORMANCE STANDARDS: Persons working full time for the union shall not receive a performance rating of record for the time during which they served full time. In the event of a RIF, any person working full time for the union will receive an assumed fully successful for purposes of granting additional service credit for the time period during which he or she serves. Should a 100% Union official work in the program for any portion of a rating period, the rating will be based on the work performed in compliance with EPA Order 3151 which requires that performance standards be in place for 90 days prior to the conclusion of the rating period. Supervisors should recognize quality program work performed above and beyond 100% official Union business.

C. TRAINING: Supervisors recognize that erosion of professional competence may occur when an employee does not practice his or her profession for an extended period of time. Thus, persons who are on 100% percent official time for union activities for one year or more shall be offered appropriate re-training when they return to duty with their program office. Adverse actions against former union officials based on performance elements and standards for which such employees need retraining due to prolonged absence from a position shall not be taken during the re-training period. An appropriate re-training program will be developed in a consultation among the employee, the supervisor, and the labor relations staff.

Training courses deemed necessary or helpful in assisting the employee enhance his or her program-specific work performance, or enhance individual professional growth and development shall be considered jointly between the supervisor and the employee. Payment for such training will be funded by the agency.

D. ELECTIONS: The Unions will notify the Labor Relations designee at least sixty days prior to elections and provide him or her with election results as they become available.

E. SUPERVISORS: The Labor Relations designee shall make arrangements to meet with the supervisors of newly elected full-time union representatives and brief them on 100% percent union time and their role as supervisors of these employees.

ARTICLE VI. DUES WITHHOLDING

Section 1.

Any professional employee can have Union dues, fees and assessments withheld through payroll deduction. To be eligible for the payment of Union dues through payroll deductions, a professional must:

A. be in the bargaining-unit covered by this agreement;

B. be a member in good standing with the Union;

C. have a regular net salary, after other legal and required deductions, sufficient to cover the amount of the authorized allotment for dues; and

D. authorize the dues deduction on the prescribed form (SF-1187) which has been certified by an authorized Union official.

The payment of Union dues through a payroll deduction plan, like Union membership, is voluntary.

Section 2. Union Responsibilities

The Union shall be responsible for:

A. informing bargaining-unit members of the voluntary nature of the dues allotment program, including the procedures required to institute or change dues deductions;

B. providing the SF-1187 forms to bargaining-unit employees upon request;

C. stating on the SF-1187 form the amount of dues to be withheld each bi-weekly pay period;

D. forwarding completed SF-1187 forms to the appropriate servicing personnel office within five calendar days;

E. furnishing the names and titles of local Union officials authorized to certify the SF-1187 form to the personnel and payroll offices; and

F. providing the Headquarters servicing personnel and payroll offices with written notification concerning:

1. changes in the amount of Union dues; and

2. the name of any employee who has been expelled or ceased to be a member in good standing in the Union within 15 days after the date of final determination.

Section 3. Agency Responsibilities

The Agency shall be responsible for:

A. Withholding dues on a bi-weekly basis, at no charge to the Union. The dues allotment will be effective the next pay period after receipt of the completed SF-1187.

B. Transmitting of dues withheld each payday to the Union.

C. Sending a copy of all revocation of dues notice to the Union as soon as received.

D. The Union holds the Agency harmless for the operation of this article except for the prompt forwarding of such funds to the Union upon written authorization by a professional.

Section 4.

Revocation of deduction of dues should be submitted to the appropriate official of the Agency on a SF-1188 or substitute properly executed in duplicate. The revocation shall be effective the first pay period after the revocation is received by the Agency's official, provided the dues deduction has been in effect for a period of one year.

Section 5.

Transmittal of dues withheld will be sent to:

National President

NFFE

1016 16th Street, NW

Washington, D.C. 20036

Section 6.

Professionals who have a current dues withholding agreement in effect on the date this agreement is approved, need not execute a new SF-1187 to be covered by the provisions of this agreement.

Section 7.

It is understood that the Union may change the amount of dues withholding only once in a twelve month period except when a dues increase is mandated by the National Office.

ARTICLE VII. GRIEVANCE PROCEDURE

Section 1. Purpose

This Article constitutes the sole and exclusive procedure for the resolution of grievances by employees of the bargaining-unit and the Parties. This process is intended to foster prompt, equitable dispute resolution. Individuals involved in the process are encouraged to be flexible in their approach to the issue or problem rather than taking an "all or nothing" approach. Compromise settlements are encouraged where appropriate. A good faith offer of settlement may not be used against the individual or party making the offer. Settlements are binding provided they do not violate this agreement or other appropriate law or regulation. Although written communication is mandated in this process, it should be augmented by face to face meetings at the request of either party. If a meeting request is denied by either party, the reasons for the denial must be forwarded in writing to the requesting party.

A grievance means any complaint by:

A. Any professional employee concerning any matter relating to his or her employment; or

B. The Union concerning any matter relating to the employment of any professional; or

C. Any professional, the Union, or the Employer concerning:

1. The effects or interpretation, or claim of breach of this collective bargaining agreement; or

2. Any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.

Section 2. Policies

To this end, the following general policies are established:

A. A grievant and his or her representative will be accorded reasonable duty time to meet, investigate and present cases, provided that official time is requested in advance of the grievant's supervisor and, if applicable, of his or her representative's supervisor.

B. A grievant shall be accorded a fair and prompt response.

C. A grievant and his or her representative will be free from restraint or reprisal.

Section 3. Exclusions

Although the Grievance Procedure is available to all members of the bargaining unit, the following issues are excluded from the Grievance Procedure:

A. any claimed violation of subchapter III of 5 USC 73 (relating to prohibited political activities);

B. retirement, life insurance or health insurance;

C. suspension or removal under 5 USC 7532 (relating to national security matters);

D. any examination, certification or appointment;

E. classification of any position that does not result in a reduction of grade or pay;

F. separation during probationary period;

G. termination of a temporary promotion, detail or temporary appointment;

H. separation of a "term" employee;

I. the receipt or non-receipt of an award;

J. non-selection for promotion from an otherwise proper promotion action; and

K. the Agency's authority to reassign employees.

Section 4. Excepted Service Employees

Actions involving the suspension, down grade, or termination of excepted service employees can be grieved. However, such actions as they apply to excepted service non-preference eligible employees with less than two years federal service or preference eligible employees with less than one year of service cannot be submitted to the arbitration process.

Section 5. Choosing an Appeals Procedure

Except as described below in Section 6 (OPTIONS), nothing in this procedure shall prejudice the right of the employees or of the Parties, as appropriate, to appeal to the Merit Systems Protection Board (MSPB) or the Equal Employment Opportunity Commission (EEOC) pursuant to 5 USC 7512, or file with the Federal Labor Relations Authority (FLRA).

Section 6. Options

In certain situations, a choice must be made to pursue resolution of a dispute under either the process contained in this article or under processes delineated by statute. In such situations an employee or party cannot use both; initiating one process precludes use of the other. These situations are:

A. an allegation of a prohibited personnel practice described in 5 USC 2302(b)(1);

B. a reduction in grade or removal for performance under 5 USC 4303;

C. a removal, suspension for more than 14 days, reduction in pay or a furlough of 30 days or less under 5 USC 7512; and

D. filing of a formal EEO complaint under 29 CFR Part 1614. Consultation at the informal stage with an EEO counselor pursuant to 29 CFR Part 1614 does not constitute filing a formal complaint. Employees who have sought informal EEO complaint counseling may still file a grievance, provided that such grievance is initiated within 45 days after the event or non-event that caused the grievance to be filed and no formal EEO complaint has been filed.

Section 7. Representation in the Grievance Process

An employee filing a grievance under this process is entitled to be represented by the Union at any stage in the process. An employee shall be represented by a Union designee or may represent him or herself. A Union representative has the right to be present during any of the proceedings.

Section 8. Extensions of Time

Time frames specified in the process are automatically extended by the time lost when either party files a grievance with or offers submissions to an inappropriate party or correspondence is delayed in the mail. Deadlines expiring on a non-work day are automatically extended to the next work day. The time limits set forth in this Article may be extended by consent of both Parties.

Section 9. Processing a Grievance

Step 1

A. Initiating the Formal Grievance

Procedure: If the grievance is against the Agency, the grievant initiates the process by sending a memorandum entitled "Grievance" to the lowest level management official or supervisor that the grievant, after reasonable inquiry, believes is authorized to grant the relief sought. (A grievance shall not be deemed defective for failure to correctly identify the management official authorized to grant relief.) If the grievance is against the Union, the grievance is to be sent to the Chief Steward of the Union. The grievant must forward copies of the grievance memorandum to the Union Chief Steward and the Agency Labor Relations Office. The "Grievance" memorandum shall contain, at a minimum:

1) the name, location, organizational unit and phone number of the grievant and those of his or her chosen representative, if any; and

2) a designation, by name, of the Union representative or statement of self-representation; and

3) a clear statement of the basis for the grievance, including reference to statutes, rules, regulations or collective bargaining agreement provisions alleged to have been violated, citing specific paragraphs or articles; and

4) any documentation supporting the grievant's view; and

5) a statement of the remedy, relief or corrective actions being sought; and

6) the grievance must be signed and dated. Copies of all grievances will be filed and maintained by the Union and the Agency.

Time Limits for Initiating Grievances: A grievant must present a grievance within 28 days of the date of the event or non-event being grieved. When the grievant was on approved leave or official travel during all or part of the 28 days allowed for filing grievances, the time limit will be extended for the length of the time the grievant was on leave or official travel.

B. Management Response to Grievances: Within 15 calendar days of initially receiving the grievance, the immediate supervisor or other management official or Union official, as appropriate, will answer the grievance. If management does not provide an answer or request an extension by the 15th day, the matter may be elevated to Step 2.

Step 2

A. The Appeal: If the matter is not satisfactorily resolved during Step 1, the grievant or his or her representative, if any, may within 14 calendar days of the notification of the answer to the grievant, present the matter in writing to the next level supervisor over the supervisor who heard Step 1. (If the grievance is against the Union, the matter may be presented to the President of Local 2050.) The grievance will contain the information submitted in Step 1 plus the disposition at Step 1, if any. The grievance will be signed and dated.

B. Resolution Conference: The Agency official, grievant, and Union shall meet and discuss the grievance. The supervisor at Step 2 will issue a written decision to the grievant within 28 calendar days from the date the Step 2 appeal is received. If a decision is not rendered within this time, the Union may proceed to Step 3.

Step 3

If either party is not satisfied with the results of Step 2, he or she may proceed to Step 3. The grievance must be filed within 30 days after receipt of the Step 2 decision or within 30 days from the end of the 28 day period in Step 2 above if no decision is rendered.

To initiate Step 3, the grievant must forward the grievance as filed at Step 1, and the response, along with the request for review from Step 2, to either the designated Agency Labor Relations Office (for grievances against the Agency) or to the President of Local 2050 (for grievances against the Union).

Review of Grievances by Resolution Panel: If the grievance is against the Union, three Vice Presidents will serve as panel members to decide the grievance. If the grievance is against the Agency, the Agency will designate three management officials: one from the same AA-ship (or equivalent) as the grievant, and two from other AA-ships (or equivalent).

The resolution panel shall review the documents submitted by the Parties in Steps 1 and 2, and may meet with either the grievant or his or her supervisor or both to discuss the matter. For non-performance related grievances the resolution panel shall render a decision within 45 days from the date that the grievance appeal is received at Step 3. This decision may: 1) accept the decision(s) in Step 1 or 2 of the Grievance Procedure or 2) make its own determination as to the remedy.

Performance-Related Grievances -- Peer Panel: In addition, if the grievance deals with a matter of performance rating of record and is against the Agency, then the Agency will empanel a group of three qualified peers employed by the Agency to review the grievance and provide a recommendation to the resolution panel. The Union shall provide to the Agency a list of qualified peers employed by the Agency who are willing to serve on a peer panel. Peers shall be professionals within the same or related job series as the grievant and shall be of the same GS grade or higher than the grievant. The Agency will select in a non-prejudicial manner three peers to consider the grievance and to make recommendations to the resolution panel.

The peer panel shall review the documents submitted by the Parties in Steps 1 and 2, and if the panel deems it useful, may meet with either the grievant or his or her supervisor or both. The peer panel shall make a recommendation to the resolution panel within 21 days of being designated by the Agency. The peer panel's recommendation(s) may be to: 1) accept the decision(s) in Step 1 or 2 of the Grievance Procedure; or 2) make its own recommendation as to the proper performance rating for the grievant.

The resolution panel has 45 days from the date that the grievance appeal is received at Step 3 to issue a decision on the grievance. This decision may: 1) accept the recommendation of the peer panel or 2) make its own determination as to the performance rating.

Section 10. Arbitration Procedures

A. Either the Agency or the Union may invoke arbitration within 30 calendar days after issuance of the final decision in the grievance process. The 30 day period commences on the date of the Step 3 decision or if no decision is issued and no extension is agreed to, then either the Agency or the Union may invoke arbitration upon the expiration of the deadline for issuing a decision.

B. In order to properly invoke arbitration, the party seeking arbitration must notify the other party in writing of its intent to invoke arbitration within the time period specified above. The party seeking arbitration must request the Federal Mediation and Conciliation Service to provide a list of seven impartial persons qualified to act as arbitrators. The Parties shall meet within five days after receipt by both Parties of the list of arbitrators. If they cannot agree upon one of the listed arbitrators, the Parties will each strike three names, and the person whose name remains will be selected as the arbitrator. The flipping of a coin or other mutually agreeable means will be used to determine which party will strike the first three names.

C. The arbitrator shall consider all the factual information presented during the previous steps in the process including the recommendations of the peer panel in performance-related grievances. The arbitrator shall not have authority to alter in any way the terms and conditions of this Agreement, any supplemental agreement or any other condition of employment that is not properly before him or her or issue an award regarding any matter or condition of employment not before him or her.

D. The initiating party may withdraw the action without penalty at any time prior to the actual convening of a hearing or submission of the case to the Arbitrator. The parties may agree to terminate the services of an arbitrator in the event that they are dissatisfied with the services which are being rendered during an arbitration hearing.

E. A mini-arbitration or expedited arbitration may be utilized if both parties agree. In these cases the arbitrator will be instructed to issue a bench decision, and no brief will be filed. The arbitrator will not issue a written opinion and no precedent will be established by such a decision.

F. Except in disciplinary and adverse action cases, the party requesting arbitration will make its presentation first in the arbitration proceeding. No later than five work days prior to the arbitration, each party will make available to the other party all evidence to be submitted to the Arbitrator and its list of proposed witnesses. On the last work day prior to the arbitration, the parties will meet to exchange any additional evidence and the names of any proposed witnesses which they intend to enter into the proceeding. If evidence or information becomes available to a party prior to the start of the proceeding which has not been made available to the other and it is intended to enter that evidence or information in the arbitration, the other party will be provided the evidence or information immediately. At its discretion, the other party may obtain a postponement of the arbitration for one workday or until the arbitrator's next available date.

G. Prior to the arbitration hearing, the parties will attempt to stipulate the issue(s) to be arbitrated and any factual matters that would expedite the arbitration. In the event no questions of fact exist, the parties may by mutual consent forego a formal hearing and present the grievance directly to the arbitrator by individual written submission. The arbitrator is empowered to make a finding and award based on those submissions.

H. The arbitrator will be requested to render his or her decision as quickly as possible, but in any event not later than 30 days after the conclusion of the hearing unless the parties agree to extend the time limit.

I. Local level arbitration decisions will have effect only at the work site where the dispute subject to arbitration arose and may not apply to other parts of the Agency unless the Parties to this agreement expressly agree in writing.

J. The arbitrator's award shall be binding on the parties; however, either party may file an exception with the Federal Labor Relations Authority under regulations prescribed by the Authority. The filing of an exception to the Authority will serve automatically to stay the implementation of the award until the exception and any subsequent appeal is decided.

K. To the extent necessary to participate in the arbitration proceedings, the grievant(s), the representative (if a bargaining-unit employee) and employees who are called as witnesses will receive excused time when they would otherwise be in a duty status.

Section 11. Cost of Arbitration

The parties shall share equally in the costs of any arbitration except:

A. When the party submitting the matter to arbitration withdraws from the process without settlement or other final disposition binding on both Parties, it shall bear the full arbitration costs and expenses incurred to that point.

B. Either party may request the arbitrator to make an apportionment of fees and expenses when it demonstrates that the other party has deliberately abused the arbitration process. Decisions of the Arbitrator are binding.

Section 12. Arbitration Hearings; Provision of Witnesses

Normally, arbitration proceedings will be held at the work site. If the parties agree to hold the proceedings away from the work site, they will share the cost of the facility and they will bear all their respective costs for travel and per diem. Witnesses are not required to take leave for periods of time when they are being interviewed in preparation for a hearing or for the time they are appearing in a hearing. The Union representative will be given a reasonable amount of official time to interview potential witnesses and will be on official time during the actual hearing.

ARTICLE VIII. EQUAL OPPORTUNITY

The Parties agree that no employee will be denied a benefit of employment or a benefit or right of Union membership because of the employee's race, color, religion, sex, national origin, age, sexual orientation, union affiliation, political affiliation, marital status, or disability. The Parties support the realization of a representative bargaining-unit work force at all levels.

ARTICLE IX. FACILITIES AND SERVICES

Section 1. Union Office

The Agency will provide the Union with office space including furniture and equipment for Union officers. The Union offices shall be accessible to bargaining-unit members.

The Agency will provide a Union office at the new Headquarters complex that is at least equivalent in terms of size, furniture, telephone and computer equipment to the present facility at Waterside Mall.

The Union is authorized to use Agency telephones for representational and labor relations functions or other mutually-agreed functions. The Union will reimburse the Agency for any long distance calls that are not related to representational or labor relations functions. The location of the Union office and its telephone number(s) will be listed in the Headquarters telephone directory.

Section 2. Union Use of Copying Facilities

The Union officers shall be authorized to use copying machines for representational and labor relations functions when this equipment is not being used or needed for official Agency business. The Union must provide its own paper compatible with the copier.

Section 3. Union Bulletin Boards

The Agency shall provide space on designated lockable bulletin boards for Union purpose in each location having bargaining-unit employees. The Union will be responsible for maintaining the areas in a proper and orderly manner at all times. Notices placed by the Union on bulletin boards shall be clearly identified as having been prepared by the Union. The Union agrees that it accepts full responsibility and holds the Agency harmless for content of such notices.

Section 4. Union Use of Inter-Office and Electronic Mail

The Union shall be allowed the use of inter-office and electronic mail for representational and labor relations functions. The Union agrees that it accepts full responsibility and holds the Agency harmless for the contents of its communications in using inter-office or electronic mail.

Section 5. Meeting Rooms for Union Meetings

At the request of the Union, the Agency will provide available space for Union meetings. Meetings mutually agreed to may be held on duty hours. Meetings strictly for the benefit of the Union will be held during non-duty hours of attendees and participants.

Section 6. Union Access to Personnel Management Regulations

The Agency shall provide the Union with reasonable access to Office of Personnel Management regulations that are located in the Headquarters Personnel Office. The Union will not remove material from these manuals or office files, except with permission of the records' custodian in order to make photocopies.

Section 7. Union Orientation for New Employees

The Union will be allowed to conduct a 15 minute orientation meeting each month during duty hours for all new professional bargaining-unit employees provided at least 20 new professionals have entered the unit since the last orientation. Under no circumstances may the Union solicit membership or participation in the Union. The Union will advise that the Federal Labor Relations Statute requires the Union to represent the interests of the bargaining-unit employees without regard to Union membership and that bargaining-unit employees are free to join or not to join the Union.

Section 8. Agency to Provide Union with Bargaining Unit List

Subject to fiscal limitations and privacy laws, the Agency shall, within 10 working days, provide the Union with a listing of all bargaining-unit personnel on floppy disc and printed labels if the Union so requests.

Section 9. Information on Awards

The Agency shall provide the Union with the raw data used to calculate the report entitled "Monetary Performance Awards." Listing shall contain grade, series, mail code, division, amount and type of award for bargaining-unit employees when the information becomes available.

Section 10. Minimum Office Equipment for Professionals

The Parties recognize that EPA professionals require certain minimum office equipment to perform their functions effectively, and the Agency will continue to provide such equipment to EPA professionals. Such equipment includes furniture (e.g., desks, file storage facilities, book cases, cabinets), as well as electronic communication equipment (e.g., computers, telephones, network connectors, and access to electronic data bases). The description of equipment for flexiplace participants is contained in the EPA Flexiplace Program Guidance. The Parties recognize that individual office space assignments are subject to the Move Article herein and amendment thereto. The Agency considers GSA space guidelines when making office space decisions.

Section 11. Distribution of Union Literature on Agency Property

Official publications of the Union may be distributed on Agency property by a Union representative during non-duty hours (lunch, after working hours) of the representative and employees provided distribution does not disrupt Agency operations and subject to any security requirements of the Agency. All material must be properly identified as official Union communications and the Union shall be solely liable for the content and any actions brought over such material.

Section 12. Health Fair

Both Parties recognize the value of an annual Health Fair during each open season. The Agency agrees to make a reasonable effort to provide such a health fair. The Agency will make available to each professional, upon request, a copy of the health plans. It is understood that the Agency may not receive sufficient copies of health plans to allow professionals to retain copies.

Section 13. Retirement Counselling

The Agency will provide continuous retirement counseling. Professionals who are eligible to retire within one year are encouraged to avail themselves of the retirement counseling being provided by the Agency.

Section 14. Lactation and Quiet Rooms

The Agency agrees to provide lactation rooms and quiet rooms for bargaining-unit members at the new Headquarters complex.

ARTICLE X. SAFETY AND OCCUPATIONAL HEALTH/INDOOR AIR

Section 1. General Purpose

The purpose of this Article is to establish a Headquarters Safety and Occupational Health Program consistent with the statutory and regulatory mandates related to Federal Safety and Health Programs, including Section 19 of OSH Act, 29 CFR Part 1960, and Executive Order 12196. A Headquarters labor/management safety and health committee is established to assist the Safety, Health and Environmental Management Division, Office of Administration, OARM. The committee will:

A. conduct, at least, annual inspections of the Headquarters work spaces, develop corrective action plans when unsafe or unhealthy working conditions are identified, and monitor the status of corrective action plans;

B. review Material Safety Data Sheets of new products proposed for use at Headquarters facilities; and

C. review the factors surrounding the filing of workers' compensations claims for Headquarters employees and make recommendations when unsafe or unhealthful working conditions or practices are identified.

Section 2. Indoor Air Purpose

To establish a clean air policy for EPA Headquarters buildings which ensures that the level of airborne pollutants in these buildings is kept sufficiently low to provide a healthful work environment.

Section 3. Background

Section 19 of the Occupational Safety and Health Act of 1970 seeks to ensure safe and healthful working conditions to all employees. The Environmental Protection Agency, regarded nationally as being in the forefront of establishing good environmental health policies, has identified indoor air pollution as a source of health risks and is therefore striving to provide its employees with a work environment free from significant health risks associated with exposure to chemical, physical, and biological agents. Management is committed to maintaining a program capable of attaining this goal and the following principles are adopted:

- Maintain a well functioning ventilation system capable of distributing an adequate air supply to all employees;

- Maintain a program to control pollutants generated or accumulated within the building including monitoring as necessary;

- Institute, analyze and distribute the results of an employee occupational health survey at Headquarters buildings to detect possible indoor air related illness;

- Maintain an open forum for communications between employees and management on occupational health related concerns.

Section 4. Program

The Agency will take reasonable actions to overcome the constraints of the leases and other factors that Management does not fully control and that are impediments to achieving the following objectives.

A. Ventilation Systems: The ventilation systems in buildings occupied by EPA employees at Headquarters will be well-functioning as defined by recognized engineering standards and Federal and local codes. The amount of fresh air taken into these buildings will be equal to or greater than the latest American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) guidelines (code #62). The rate of fresh air changes will be equal to or greater than the current ASHRAE guidelines for buildings that permit smoking (20 cfm/person).

At no time will outside air dampers serving any segment of the building be cut off completely. Agency personnel will monitor conditions of the dampers at least monthly. A record of these inspections will be kept and made available to the Union and to the EPA Facility Advisory Council. These inspections shall be unannounced and include a sufficient number of dampers to reasonably assess whether the buildings are receiving adequate outside air. Access to diagrams of the ventilation systems of the Headquarters building will be made available to the Union.

Management will require that the lessors of our buildings take the following actions. The HVAC systems shall be maintained in good repair, be free of stagnant water, molds, and slimes. The HVAC system will be regularly checked for leaks, stagnant water, molds, and slimes. Records of these activities will be made available to Management and the EPA Facility Advisory Council. Management will perform spot checks of the information in the records.

Management will inform and educate all employees (via a desk dropped flyer, electronic-mail, or voice mail) whenever the HVAC system is being balanced. The flyer will indicate how the employees can participate in keeping the system balanced. The HVAC systems shall be balanced to allow for proper amounts and direction of air movement throughout each building. All plans for major office changes, renovation, partitioning etc., which might significantly affect the air flow in the building, will be evaluated for impact on the balance of the HVAC system. Changes in the HVAC system needed to maintain equivalent air flow must be made at the same time as the renovations.

As a rough measure of indoor air quality, the EPA Safety, Health, and Environmental Management Division (SHEMD) shall perform air monitoring for carbon dioxide at least quarterly as a test method to determine the need for, and effectiveness of, actions in "problem areas" (e.g., areas in which there have been employee complaints concerning air quality or areas previously tested and known to have poor air circulation). Records of these measurements shall be kept by SHEMD and made available to the Union and the EPA Facility Advisory Council. These measurements will be used by the Agency as indicators of general air quality in the buildings. Carbon dioxide levels over 600 ppm warrant an evaluation; levels over 1000 ppm indicate a problem that must be corrected.

Management shall review the overall progress and condition of the ventilation systems on a yearly basis and make recommendations for program initiatives and budget required to achieve the needed improvements. These initiatives shall be made available to the Union and to the EPA Facility Advisory Council.

The Union shall be invited to accompany Management officials on inspections of the ventilation systems.

B. Control of Pollutants: Pollutants brought into the buildings or created in the buildings shall be controlled in order that unacceptable levels are not reached where employees are working (includes copy center and print shop).

SHEMD shall keep a listing of toxic chemicals present in each building as required by the OSHA Hazard Communication Rule (29 CFR 1910.1200). This list must be kept up to date. Material Safety Data Sheets (MSDS) shall be made available to the Union, the Facility Advisory Council and to any requesting employee for all chemicals used in Headquarters buildings occupied by the Agency, contractor or owner personnel. Management will request that MSDS's are provided by contractors for all the chemicals being used in the building.

The Integrated Pest Management program shall be used to control insects and vermin within the buildings so that pesticide use will be kept as low as possible.

1. PCBs: In light of the serious nature of exposure and the existence of fluorescent lighting with PCB ballasts in work space occupied by EPA employees at Headquarters, the Agency shall:

Inform all employees of the possibility that fluorescent light fixtures in their work areas may contain PCBs and that the combustion products are potential human carcinogens. Inform employees that in case of fire affecting the ballasts employees should turn off the lights if possible, evacuate the area, not attempt to extinguish the fire, and contact SHEMD and not return to the area until SHEMD indicates it is safe to do so. Only persons adequately trained and wearing protective equipment should be allowed in the area during, immediately following, the fire. Since decontamination may be necessary, wipe samples will be taken and analyzed by SHEMD. PCB-contaminated items will be decontaminated or discarded so they will pose no hazard to employees.

2. Radon: SHEMD will institute a radon monitoring program in each of the buildings occupied by EPA Headquarters employees sufficient in scope to assess whether there is any health risk to employees associated with radon exposure during the work day. The results of such surveys and the assessment will be made available to the Union and the Facilities Advisory Council.

3. Solvents: Employees will not be exposed to chemicals at levels known to be toxic or acutely irritating to the eyes, nose or throat or cause other physical ills to employees. Construction work in the buildings which results in the release of irritating or toxic dusts, aerosols or vapors will be conducted during employee non- work hours whenever warranted. If construction work which would result in such releases must be conducted during work hours, EPA employees will be assigned to other work space not affected by the activity.

New carpeting shall be shampooed before the space is occupied unless it has been properly aired out or has been shown to not emit chemicals which cause health reactions to occupants. If vapors from carpeting or furniture result in a health reaction, the affected employees should be allowed to work at a temporary location until the problem is solved. Management will provide safe and healthful working conditions. If conditions at a work station are found to endanger the health of an employee, management will take reasonable actions to protect the employee.

4. Asbestos: The Asbestos Operations and Maintenance program is currently under revision and will be added in as soon as it is completed.

C. Occupational Health Survey: The Agency shall perform an occupational health survey of Headquarters employees to obtain baseline information on employees' health and indoor air pollution. Results of the study will be summarized and made available to the Union and Facilities Advisory Council. Subsequent surveys will be initiated in response to specific problems.

D. Use of Technical Expertise: Management will request the support of the Agency's own scientific and technical experts to help resolve Headquarters employee health-related issues.

E. Communication: The Agency will establish and maintain a forum for the sharing of information between employees and upper management concerning health and safety issues at the Headquarters buildings. This forum (called the Facilities Advisory Council (FAC)) will consist of management officials and interested employees.

FAC will meet on a regular basis every four-six weeks. The agenda will be posted in all Headquarters facilities in advance and management will review topics for discussion from all employees.

ARTICLE XI. SMOKING POLICY

Smoking will be banned in all EPA occupied space including restrooms. The Agency will continue to allow smokers to go outside to smoke.

ARTICLE XII. ALTERNATIVE WORKSPACE

The Agency will take reasonable actions to overcome the constraints of the leases and other factors that Management does not fully control and that are impediments to achieving the following objectives.

Section 1.

Employees desiring to be considered for relocation to alternative workspace are required to submit the following documentation:

1) A narrative explanation of the medical basis for any conclusion which indicates the likelihood that the employee is or is not expected to experience subtle incapacitation;

2) A narrative explanation of the medical basis for any conclusion that duty restrictions or accommodations are or are not warranted; and

3) A narrative explanation of the medical basis for any conclusion which indicates the likelihood that an individual is or is not expected to suffer harm by carrying out his or her normal duties.

Section 2.

This process is voluntary, and employees may use the services of the Health Unit or a private physician to obtain this documentation.

Section 3.

Any medical information provided by an employee in connection with this process shall be kept confidential and will not be released to any person or organization without the written consent of the employee, except as provided in law or regulation.

Section 4.

All pertinent medical documentation shall be submitted to the physician in attendance at the Waterside Mall Health Unit. The physician will at the employee's written option either: 1) translate the medical documentation into layman's terms so that the employee's supervisor can act on the request for alternative workspace; or 2) certify to the supervisor that the employee is eligible for alternative workspace. The supervisor shall notify the employee of the disposition of the request within a reasonable time. If a request is denied, the supervisor shall provide the employee written reasons for the denial.

Section 5.

An employee may determine, after moving into alternative workspace, that the space is not appropriate and request that further action be taken. The Agency shall make reasonable accommodations for employees making such requests.

Section 6.

Nothing in this policy supersedes 5 CFR Part 339, the title of which is, "Medical Qualification Determinations," or the collective bargaining agreement between NFFE Local 2050 and the Agency.

Section 7. ALTERNATIVE WORK SPACE AGREEMENT FOR SECOND FLOOR CRYSTAL STATION

I. Introduction

1. In accordance with this section of the Alternative Work Space Policy, certain employees may qualify for Alternative Work Space (AWS). One purpose of AWS is to accommodate special needs of people who have health related problems including indoor air quality problems. This section describes the physical and operational aspects of the AWS located at the north end of the second floor of the Crystal Station building. The Agency is providing this facility for qualified AWS employees, as well as setting the priorities for occupying this space. Nothing in this section shall be construed to supersede the previous sections of this Article. Similarly, the provisions of this section do not apply to other Agency space, unless the Parties so agree in writing.

2. Employees who have been declared eligible for AWS in accordance with this Article as well as those approved prior to the negotiated agreement, will be candidates for the AWS on the second floor of Crystal Station. First priority will be given to those whose jobs, as determined by management, cannot be performed at home. Second priority will be given to those who were approved for AWS under this section. The remaining candidates will be prioritized according to the date they were first approved for AWS, with the earliest approvals having the first priority.

3. As used in this agreement, the phrase "occupants or their representatives" shall mean as appropriate:

a. All of the occupants acting jointly,

b. The Occupant Committee in Paragraph 49, or

c. Any group of the occupants or individual occupant acting on behalf of the occupants with the express consent of a simple majority of the occupants.

The use of the phrase "occupants or their representatives" shall not negate the rights of the exclusive representative Unions and management to negotiate.

II. Elements of Agreement

4. Use of desk space in occupying the AWS office is reserved primarily for approved AWS employees who use the AWS on a regular basis. If vacant desk space is available, it may be made available for AWS-approved employees who need temporary use of the AWS for short periods of time.

5. Employees who have been approved for AWS and who wish to be considered for the AWS office on the second floor of Crystal Station will be allowed to test the space over a period of at least two weeks but no longer than four weeks to determine whether the space is suitable for him or her prior to being approved for use of the second floor AWS.

6. If at any time an employee in the AWS attributes adverse health effects to the AWS, the provisions of Article XII, Section 5, will apply.

7. Whenever there are activities conducted in or near the AWS that could cause an adverse health effect, management will be sensitive to the employees' health problems and work with the employee to identify other appropriate space, including working at home. Examples of such activities include, but are not limited to, construction work, painting, pesticide application, and cleaning activities which utilize any products other than those agreed upon on in advance by the occupants or their representatives. To the extent possible, the Agency will require the building owner/operator to inform the Agency on such activities. The Agency will notify the AWS occupants in advance and provide available health and safety information to the AWS occupants in advance.

8. The Agency will consult with the building owner on what products, materials, and chemicals are routinely used outside the building, for example, asphalt sealers and herbicides, and request information on these. To the extent that schedule information can be obtained, the Agency will notify the occupants in the AWS in advance of the proposed dates of the use or application of such chemicals, products, or materials. The occupants will be given the option to work at another location during those dates and for a period of time determined by management in consultation with the individual. An employee will not be directed to work at a location that may be injurious to his or her health.

9. The AWS has 18 windows that open. The occupants or their representatives will be allowed to determine under what circumstances they will be opened.

10. The Agency will provide documentation to the unions showing that: (1) the air handling system for the AWS provides 20 cfm of outside air per person continuously with the system in operation and the windows closed, (2) the AWS has its own air handling system, (3) the outside air intake for the AWS is not located in a position that is likely to result in re-entrainment of exhausts from the building, and (4) the AWS is under positive pressure.

11. The Heating, Ventilation, and Air Conditioning (HVAC) system in the AWS will be operated from at least 5:00 am to 7:00 pm, Monday through Friday, except Federal holidays.

12. The HVAC system will be inspected quarterly to ensure proper operation and adequate ventilation. HVAC filters will be inspected and changed quarterly or sooner if needed. The HVAC system will be cleaned as circumstances require it and in accordance with the building owner's maintenance schedule. Cleaning techniques will be approved by SHEMD, FMSD, and the occupants or their representatives.

13. The air intake for the AWS is located so as to minimize the introduction of motor vehicle exhausts or other exhausts in the air supply for the AWS.

14. The AWS will be separated from the rest of the building with solid partitions and seals to prevent intermixing of air to the maximum extent practicable.

15. The Agency will provide documentation showing that the copy center on the second floor is properly vented to the outside. Copier maintenance personnel will seal all waste material in plastic bags.

16. The restrooms are vented to the outside at a rate in conformance with the applicable ASHRAE standard.

17. The Agency will ensure that exhaust fans for the building garage are operating properly and inspected per the building owner's preventive maintenance schedule.

18. The second floor of the Crystal Station building including the AWS office will not have carpet installed.

19. Only solid wood or metal partitions will be installed in the AWS.

20. The AWS will not have synthetic baseboards glued to the walls. Baseboards will be made of wood and fastened to the walls with screws or nails.

21. There will be no copy machine in AWS.

22. The AWS will have metal Venetian blinds. There will be no drapes in the AWS, unless provision is made for washing them at intervals of three months or less.

23. FMSD will post signs that air fresheners will not be used in the AWS or anywhere else on the second floor of Crystal Station. The Parties agree that air fresheners should not be used.

24. To the extent possible, the Agency will make every effort to provide furniture for the AWS which meets the following guidelines: (1) the furniture will be made of metal or solid wood, (2) the furniture will not contain particle board or laminated products, and (3) the furniture should not be upholstered or have fabric or plastic.

Plain wood chairs or wood chairs with leather cushions are the best option, and chairs with cushions made of untreated natural fibers and fabrics such as cotton or wool are preferable to those with synthetics or foam cushions.

Any new furniture containing plastic, fabric, or foam will be unpacked, set up, and aired out in a well-ventilated storage area for one month prior to being moved into the AWS.

25. Laser printers and fax machines are not allowed in the AWS. Every effort will be made to locate computers at least six feet away from adjacent employees.

26. Computer technology will be provided by each program office that is consistent with FAR and Agency standards, including energy efficiency and environmental considerations. New, previously unused computers and monitors will be set up and turned on to allow off-gassing away from AWS for at least 30 days prior to being brought into AWS. The Agency agrees to cooperate with the occupants or their representatives to identify and procure computers that are low emitters of chemicals, aromas, and electromagnetic fields.

27. Microwave ovens will not be allowed in the AWS.

28. Housekeeping in the AWS will be done after 5:00 pm at least twice weekly using procedures to minimize reintroduction or re-entrainment of dust in the air. Floors, desks, shelves, and tops of cabinets, etc., will be wiped with a damp cloth or mop as appropriate using only water. Similarly, cleaning of other areas of the second floor will occur after 5:00 pm. Occupants will be responsible for securing their own materials and belongings.

29. Prior to being installed in the AWS office, all desks and furnishing will be wiped clean with a damp cloth inside and out to remove dust and debris using water only.

30. The Agency will make reasonable attempts, consistent with the FAR, to provide supplies in Headquarters (pens, paper, etc.) that have been identified by the occupants or their representatives as low in offensive chemicals.

31. The Agency shall require that only water-based markers be used in conference rooms on the second floor of Crystal Station. The Agency shall post signs stating this requirement in each of these conference rooms.

32. To the extent feasible, the Agency will have the florescent fixture over an individual work station replaced by different fixtures, if the employee in that work station requests it for health reasons.

33. Pest control in the AWS will be done only as necessary using Agency's integrated Pest Management techniques and only with the approval of the occupants or their representatives.

34. Construction and renovation in the AWS will only be undertaken after it has been discussed with the occupants or their representatives subject to Impact and Implementation Bargaining. The Agency will, to the extent allowable by the FAR and the lease, have contractors use materials for which the Agency has reviewed the available data on potential health and adverse effects and which are acceptable to the occupants or their representatives.

35. The Agency will only allow the use of water for cleaning inside the AWS unless the occupants or their representatives approve of the use of something else. To the extent allowed by FAR and the lease, the Agency will have the landlord use cleaning and maintenance products on the rest of the second floor and access ways for which the Agency has reviewed the available data on potential health and adverse effects and which are acceptable to the occupants or their representatives. Nevertheless, the occupants must understand that there is or will be a wellness center, showers, bathrooms, a health unit, conference rooms, and other offices on the second floor and these areas must be kept clean -- which will require the use of some cleansers and disinfectants.

36. The Agency agrees to let all new furnishings and equipment, including new phones and new computers off gas for at least a month before bringing them into AWS. These will be aired in an area with outside exchanges and be unpacked and set up during this time.

37. To the extent allowable by the FAR and the lease, the Agency will have the landlord supply the bathrooms with products (toilet tissue, paper towels, and soap) that have been identified by the Agency and the occupants or their representatives as unscented and not manufactured with chlorine bleach.

38. The Agency will maintain Conference room C in such a way as to minimize irritants to occupants of the AWS. In this regard, the designated conference room will not have fleecy wall coverings or partitions and will have the same controls over cleansers and pesticides as the AWS.

39. There will be no smoking in the interior public access areas including the lobby and vestibule of the building.

40. The Agency will post signs at the entrances to the AWS indicating the nature of the space and that no fragrances, smoking, cleansers, or other things identified as possible irritants by the occupants or their representatives will be permitted inside.

41. Telephone lines and computer hookups will be installed prior to move of the affected employee into the AWS.

42. Electrical outlets will be provided in accordance with GSA regulations.

43. The Agency will establish a system for delivering mail directly to the occupants at the AWS, rather than routing mail to the occupants through their individual program offices. The mail will be delivered inside AWS.

44. Incoming calls for occupants will be "rolled forward" to their program office if not answered within three rings by the occupant, unless the occupant's program office purchases voice mail for the occupant or a telephone answering machine is available for use by the occupant.

45. Fire extinguishers will be provided in accordance with GSA regulations or other applicable law.

46. Emergency battery-powered lights will be provided in accordance with GSA regulations.

47. The Agency will conduct monitoring for volatile organic compounds (VOCs), carbon dioxide, carbon monoxide, formaldehyde and total aldehydes, microbiologicals, particulates, temperature, and humidity, as appropriate to the situation, utilizing recognized testing methods that are comparable to or better than those used in the earlier indoor-air studies of the AWS office of October 23, 1991, and November 21, 1991, when indicated by, but not limited to, the following:

a. significant increases in the number of occupants in the AWS (i.e., CO₂, particulates)

b. installation in the AWS of new furniture or new equipment (i.e., VOCs)

c. construction, renovation, or major cleaning (i.e., Testing dependent upon what was done and information from MSDSs, scope and nature of the work, etc.)

The Agency will conduct additional monitoring when requested by an individual occupant, or by the occupants or their representatives, if said request is supported by a narrative description of symptoms or reactions associated with being in the AWS, a written statement from the employee's physician specifying the monitoring data requested and the medical reasoning for the request, or physical evidence of problem indicators related to indoor air (e.g., excessive dust, odors, molds, fungi, etc.)

Copies of the results of monitoring performed in the AWS will be provided to the AWS occupant committee and Union representatives for distribution to and use by AWS occupants.

Monitoring results and other information will be used to identify the need for and nature of appropriate remedial action. Remedial action may include, but not limited to, increased ventilation, removal of the suspected source, or any other reasonable action, which will generally be accomplished by cooperative interaction between the Agency and the occupants or their representatives.

48. Product information or MSDS documents reasonably and normally available shall be provided by the Agency to the occupants or their representatives upon request for materials used in the construction and maintenance of the AWS, the building itself, or the building grounds.

49. An Occupant Committee may be established by the occupants of the AWS for the purpose of discussing and reaching agreement among themselves on working conditions in the AWS. In this regard, the Committee may establish guidelines on things such as number and extent of opening windows, personal products that are allowed in the AWS, etc. The Committee, if established, will speak for the occupants when it makes requests to management regarding changes to working conditions. Only the unions will be allowed to negotiate on behalf of the occupants. Oral and written requests must be submitted to the Headquarters Labor Relations Officer who represents management and interfaces with the union.

50. The Parties agree that the occupants or the Occupant Committee may develop guidelines promoting clean air practices in the AWS.

Section 8.

If the Agency closes the Alternative Work Space in Crystal Station, then the Agency will provide Alternative Work Space at least comparable to the facilities now provided at Crystal Station at the new Headquarters complex or another appropriate site.

Section 9.

The Parties agree to re-open negotiations on this Article at the request of either Party.

ARTICLE XIII. FLEXIPLACE PROGRAM

Section 1.

The Parties agree that in implementing a Pilot Flexiplace Program, that the following documents apply:

A. PROGRAM GUIDANCE entitled "EPA Headquarters: The Federal Flexible Workplace Project FLEXIPLACE;" and

B. WORK AGREEMENT entitled "EPA Headquarters: The Federal Flexible Workplace Project FLEXIPLACE."

Section 2.

If the Agency decides to implement Flexiplace on a permanent basis, the Union will be given every opportunity to bargain as provided by law.

The Parties agree to open negotiations on this Article when the Flexiplace Policy is completed.

ARTICLE XIV. MOVE AGREEMENT

The Parties agree that the agreement (with attachments) entitled "Headquarters Labor/Management Partnership Council Generic Move Agreement of Bargaining-Unit Employees," which was executed on August 20, 1997, is incorporated by reference in this agreement and is included in Supplement 2 to this Agreement.

ARTICLE XV. CHILD CARE

Section 1.

The availability of a high quality child care program for the children of Bargaining-unit employees located at the Headquarters of the Environmental Protection Agency (EPA) enhances the work environment.

Section 2.

The Agency shall provide space, facilities and general services at its Headquarters location for the child care program, which shall operate in conformance with the recommendations that follow and applicable laws and regulations and governing child care facilities.

Section 3.

The Agency shall recommend to the contractor providing child care that the program provide:

A. child care of high quality, designed to meet the developmental needs of the children;

B. a mechanism for financial aid to help defray cost of child care for needy employee parents;

C. enrollment priority for the children of employee parents; and

D. opportunity for all employees to participate in governance of the program.

Section 4.

A reasonable amount of official time shall be granted to Bargaining-unit employees while serving as a non-paid member of the board of directors, or while serving in an official, non-paid capacity as an officer in the program. Management reserves the right to determine the limits of this official time.

Section 5.

Negotiations on child care facilities for children of bargaining-unit employees may be re-opened at the request of either party. Such negotiations shall be conducted through the applicable collective bargaining agreement.

Section 6.

Biannually, beginning in September 1988, the Agency will distribute a child