The Library and the Association recognize that the effective administration of this Agreement depends in substantial measure on meaningful representational activities. With an awareness of the benefits and responsibilities involved in these activities, and in a spirit of mutual understanding, the parties agree to the following:
Section 1.
The Association will provide a list of Officers and Stewards to the CRS Legal Advisor at the beginning of each calendar year.
The Association will notify, in writing, the Team Leader of the Labor-Management Relations Team in the Library’s Human Resources Services Office of Workforce Management and the Director of CRS within ten (10) days of a change in the identity of any Officer or Steward.
The Library will notify, in writing, the President of the Association within ten (10) days of a change in the personnel representing (1) the Library’s Office of Workforce Management or (2) the Office of the Counselor to the Director, CRS.
Section 2.
Association Officers and Stewards are authorized to perform the following duties on behalf of employees within the bargaining unit:
- Discuss existing disputes, grievances, and appeals or potential disputes, grievances and appeals;
- Prepare disputes, grievances, and appeals on behalf of unit employees;
- Attend meetings with supervisors and management officials to discuss disputes, grievances, and appeals and to assure compliance with this agreement;
- Present disputes, grievances, and appeals before third-parties or review boards on behalf of unit employees; and
- Discuss concerns regarding conditions of employment with unit employees.
Section 3.
- During the first pay period of each calendar year, the Library will advise the Association of the number of employees in the bargaining unit. At such period the amount of official time entitled to Association Officers will be computed by multiplying the number of bargaining unit employees by 2.7. This amount of official time will be placed in a bank to be used by Association Officers during the year. In no event will the amount of official time hours be less than 1,261. Officers allotted bank time will work with their supervisors on scheduled use of their bank time. Occasionally, Officers may need to adjust agreed-upon scheduled time to meet the needs of the Service.
- Union Stewards who are not union Officers will be granted reasonable time for representational activities. Such time must be requested and approved by the Stewards’ supervisors.
- Any preparation time for collective bargaining is subject to negotiation in any ground rules agreement.
- The following are excluded from being charged to the bank of official time described above:
- Official time granted for collective bargaining or authorized by the FLRA under 5 U.S.C. 7131(a) or (c);
- Time spent attending any meetings or participating in any committees which have been initiated or established by representatives of the Library;
- Time spent representing employees at arbitration or other third-party proceedings (limited to two representatives); and
- Time spent at labor–management training offered by the Library.
- At any time during the calendar year, the union, based on bona fide reasons, may request that additional hours be added to the bank if the bank of hours has been or will soon be exhausted.
- Official time shall not be permitted for any internal Association business, including the solicitation of membership, election of Association Officials, and collection of dues. Internal Association business shall be performed only during the time that a bargaining unit employee is in a non-duty status.
- Association Officers and Stewards will record their use of official time for representational activities on negotiated forms. Officers and Stewards will submit the completed official time forms to the Office of Workforce Management with a copy to the immediate supervisor at the end of each pay period. These forms may be submitted electronically. The Officer’s official time forms must be detailed enough for Library management to determine whether the time claimed was for appropriate purposes under this Agreement and the Statute. The Steward’s official time form must be detailed enough for Library management to determine whether the time claimed was for appropriate purposes under this Agreement and the Statute and was reasonable.
Section 4.
- When it is determined that official time is needed for representational activity outside the division or office, the Officer (for Section 3D activities only) or the Steward shall inform his/her immediate supervisor within a reasonable amount of time after learning of the obligation and shall advise the supervisor of the general purpose, i.e., the category of representational activity as described in Section 2 above, how to reach the Officer or Steward in an emergency, the approximate amount of time needed, and when he or she expects to return. The Association Officer or Steward needs to only provide the minimum amount of information to allow the supervisor to make an informed determination as to whether the purpose is covered and the amount of time requested is reasonable. The immediate supervisor’s permission will normally be granted except when in his/her opinion workload precludes such approval.
- Association Officers and Stewards who enter other divisions or offices to confer with unit employees for representational purposes shall contact the employee’s immediate supervisor, advise the supervisor of his/her reason for being there, indicate the approximate amount of time needed and when he or she expects to finish, and obtain authorization to contact the employee. Such permission will normally be granted except where workload precludes such approval.
- Requests for authorization to use official time as described in Subsections A and B above normally shall be granted, unless compelling work-related needs require the presence of the Association Officer or Steward or unit employee involved. If authorization is denied, the supervisor or manager denying the request shall explain the reason and indicate the earliest possible time the Officer or Steward can leave the work site. Authorization may be delayed only for the length of time that work-related needs require.
Section 5.
The Association President appoints unit employees to serve as representatives in collective bargaining. Any employee representing the Association shall be granted official time without charge to any allocation of time provided in Section 3 above, for the time spent in actual negotiations, including attendance at impasse proceedings. The number of Association and management representatives for collective bargaining shall, for each instance, be negotiated. However, the number of Association representatives given official time shall not exceed the number of management representatives engaged in such bargaining, unless the parties agree to a greater number.
Section 6.
The Association recognizes its responsibility to insure that its Officers and Stewards use official time only for authorized purposes, and that they make every effort to perform their representational functions in a responsible and expeditious manner. Determination as to whether these functions are being performed consistent with applicable law and this Article will be made by the Director of the Library’s Human Resources Services Office of Workforce Management, or his/her designee, after discussion and consultation with the President of the Association, or his/her designee. Such determination may be grieved under Article 31, Grievance Procedure.
Section 7.
The Library agrees that except in emergency situations no Association Steward shall be transferred, reassigned, or detailed from one work shift or area to another without prior consultation with the Association.
Section 8.
The principal Officers and Stewards will be provided with access to telephones for conduct of official union duties. The Association shall be responsible for costs incurred for all long distance calls initiated on the Association office telephone. Use of any other telephone for long distance calls by the Association is prohibited, unless approved by Library management.
Section 9.
In recognition of the responsibilities imposed under 5 U.S.C. Ch. 71 and recognizing the Congressional finding that labor organizations and collective bargaining are in the public interest, the Library shall not penalize or reward Association officials and Stewards for legitimate representation activities carried out on official time.