NATIONAL AGREEMENT

National Archives and Records Administration
and
American Federation of Government Employees

April 2002

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ARTICLE 1 GENERAL PROVISIONS
      SECTION 1. PARTIES TO THE AGREEMENT
     SECTION 2. APPLICABILITY
     SECTION 3. COMPUTING TIME-LIMITS
     SECTION 4. CLARIFICATION OF TERM

ARTICLE 2 GOVERNING LAWS AND REGULATIONS
      SECTION 1. RELATIONSHIP TO LAWS AND GOVERNMENT-WIDE REGULATIONS
     SECTION 2. CHANGE DUE TO LAW AND GOVERNMENT-WIDE REGULATIONS
     SECTION 3. CONFLICT BETWEEN NARA POLICY/REGULATIONS AND THIS AGREEMENT
     SECTION 4. PAST AGREEMENTS AND PRACTICES

ARTICLE 3 EMPLOYEE RIGHTS
      SECTION 1. RIGHT TO ORGANIZE
     SECTION 2. PERSONAL RIGHTS
     SECTION 3. EMPLOYEE'S RIGHT TO RAISE CONCERNS, GRIEVE OR FILE A STATUTORY APPEAL
     SECTION 4. COMPLYING WITH ORDERS
     SECTION 5. PAY AT WORK SITE
     SECTION 6. MORALE

ARTICLE 4 EQUAL EMPLOYMENT OPPORTUNITY, DIVERSITY, AND AFFIRMATIVE ACTION
      SECTION 1. POLICY
     SECTION 2. EEO, DIVERSITY, AND AFFIRMATIVE ACTION PLANS
     SECTION 3. COMMITTEES
     SECTION 4. ACCOMMODATIONS
     SECTION 5. EEO COUNSELORS
     SECTION 6. INDIVIDUAL DISCRIMINATION COMPLAINT PROCESS
     SECTION 7. INFORMATION
     SECTION 8. RE-NEGOTIATION

ARTICLE 5 STANDARDS OF CONDUCT
      SECTION 1. ETHICS OFFICIALS
     SECTION 2. APPROVAL OF OUTSIDE EMPLOYMENT
     SECTION 3. EXPEDITED GRIEVANCE/ARBITRATION PROCEDURE
     SECTION 4. FINANCIAL DISCLOSURE
     SECTION 5. DISTRIBUTION OF AGENCY STANDARDS OF CONDUCT

ARTICLE 6 HOURS OF WORK AND OVERTIME
      SECTION 1. BASIC WORK SCHEDULE
     SECTION 2. REST PERIODS
     SECTION 3. CHANGING HOURS
     SECTION 4. OVERTIME
     SECTION 5. CLEAN-UP TIME
     SECTION 6. VOLUNTARY WORK
     SECTION 7. CONTINUOUS DUTY EMPLOYEES

ARTICLE 7 ALTERNATIVE WORK SCHEDULES
      SECTION 1. GENERAL
     SECTION 2. DEFINITIONS
     SECTION 3. ELIGIBILITY
     SECTION 4. COMPRESSED WORK SCHEDULES
     SECTION 5. CREDIT HOURS
     SECTION 6. SIGN IN/OUT PROCEDURES
     SECTION 7. RE-NEGOTIATION

ARTICLE 8 LEAVE
      SECTION 1. GENERAL
     SECTION 2. ANNUAL LEAVE
     SECTION 3. SICK LEAVE
     SECTION 4. LEAVE WITHOUT PAY
     SECTION 5. UNAUTHORIZED ABSENCE/ABSENCE WITHOUT LEAVE (AWOL)
     SECTION 6. DISMISSALS
     SECTION 7. REQUEST FOR LEAVE ON AN EMERGENCY BASIS
     SECTION 8. LEAVE RESTRICTIONS

ARTICLE 9 PART-TIME AND WAE/INTERMITTENT EMPLOYEES
      SECTION 1. PART-TIME
     SECTION 2. INTERMITTENT EMPLOYEES

ARTICLE 10 PROBATIONARY EMPLOYEES
      SECTION 1. PERFORMANCE, COUNSELING, TERMINATION
     SECTION 2. STANDARDS OF CONDUCT
     SECTION 3. NOTICE OF TERMINATION

ARTICLE 11 OCCUPATIONAL SAFETY AND HEALTH
      SECTION 1. POLICY
     SECTION 2. OCCUPATIONAL SAFETY AND HEALTH COMMITTEES
     SECTION 3. UNION PARTICIPATION
     SECTION 4. REPORTING UNSAFE AND/OR UNHEALTHFUL WORKING CONDITIONS
     SECTION 5. RECORD-KEEPING
     SECTION 6. JOB RELATED INJURIES AND ILLNESSES
     SECTION 7. SMOKING
     SECTION 8. BIOLOGICAL AND CHEMICAL HAZARDS
     SECTION 9. UNSAFE EQUIPMENT, DEVICES, STRUCTURES, SUPPLIES, FURNITURE, AND TOOLS
     SECTION 10. SAFETY IN HOT ENVIRONMENTS
     SECTION 11. SAFETY IN COLD ENVIRONMENTS

ARTICLE 12 POSITION CLASSIFICATION
      SECTION 1. GUIDELINES
     SECTION 2. POSITION DESCRIPTIONS
     SECTION 3. REQUESTS FOR CLASSIFICATION REVIEW
     SECTION 4. UNION PRESENCE DURING DESK AUDITS
     SECTION 5. EFFECTIVE DATE OF ACCRETION PROMOTIONS

ARTICLE 13 MERIT STAFFING
      SECTION 1. PURPOSE AND POLICY
     SECTION 2. ACTIONS COVERED BY COMPETITIVE PROCEDURES
     SECTION 3. ACTIONS NOT COVERED BY COMPETITIVE PROCEDURES
     SECTION 4. VACANCY ANNOUNCEMENTS
     SECTION 5. EMPLOYEE APPLICATIONS AND RESUMES
     SECTION 6. ESTABLISHING THE BEST QUALIFIED LIST
     SECTION 7. PRIORITY CONSIDERATION
     SECTION 8. SELECTION
     SECTION 9. EMPLOYEE INFORMATION
     SECTION 10. CAREER LADDERS
     SECTION 11. MISCELLANEOUS
     SECTION 12. INFORMATION ON PROMOTION ACTIONS
     SECTION 13. TEMPORARY PROMOTIONS/HIGHER-GRADED DETAILS

ARTICLE 14 DETAILS, REASSIGNMENTS, AND VOLUNTARY CHANGES
      SECTION 1. DETAILS
     SECTION 2. REASSIGNMENTS
     SECTION 3. VOLUNTARY CHANGES

ARTICLE 15 PERFORMANCE MANAGEMENT SYSTEM
      SECTION 1. GENERAL
     SECTION 2. DEFINITIONS
     SECTION 3. PERFORMANCE RATING
     SECTION 4. PROCEDURES FOR APPLYING PERFORMANCE APPRAISAL SYSTEM
     SECTION 5. UNACCEPTABLE PERFORMANCE
     SECTION 6. WITHIN-GRADE INCREASES (WGI)
     SECTION 7. PERFORMANCE AWARDS
     SECTION 8. KEEPING RECORDS OF PERFORMANCE
     SECTION 9. ENGINEERED STANDARDS
     SECTION 10. INFORMATION
     SECTION 11. RE-NEGOTIATION

ARTICLE 16 INCENTIVE AND PRODUCTIVITY AWARDS
      SECTION 1. PURPOSE AND POLICY
     SECTION 2. TYPES OF AWARDS
     SECTION 3. EMPLOYEE SUGGESTION AWARDS
     SECTION 4. PRODUCTIVITY AWARDS
     SECTION 5. RE-NEGOTIATION

ARTICLE 17 PERSONNEL FILES

ARTICLE 18 MEDICAL INFORMATION

ARTICLE 19 DRUG TESTING
      SECTION 1. MEDICAL DOCUMENTATION
     SECTION 2. DISCLOSURE OF RESULTS
     SECTION 3. PROCEDURES AND EAP REFERRAL
     SECTION 4. DISCIPLINARY ACTION
     SECTION 5. GRIEVANCES
     SECTION 6. MAINTENANCE OF INFORMATION

ARTICLE 20 EMPLOYEE ASSISTANCE PROGRAM (EAP)
      SECTION 1. PURPOSE
     SECTION 2. EAP COUNSELING
     SECTION 3. CONFIDENTIALITY
     SECTION 4. UNION PARTICIPATION

ARTICLE 21 UNIFORMS
      SECTION 1. PROVISION OF UNIFORMS
     SECTION 2. INITIAL UNIFORM ISSUE AND REPLACEMENT

ARTICLE 22 COUNSELING, DISCIPLINARY ACTIONS, AND ADVERSE ACTIONS
      SECTION 1. COVERAGE, DEFINITION, AND POLICY
     SECTION 2. ACTIONS NOT COVERED BY THIS ARTICLE
     SECTION 3. PRIVACY OF CORRECTIVE DISCUSSION(S)
     SECTION 4. REPRESENTATIONAL RIGHTS
     SECTION 5. BASIS OF ACTION
     SECTION 6. COUNSELING
     SECTION 7. LETTERS OF WARNING
     SECTION 8. LETTERS OF REPRIMAND
     SECTION 9. SUSPENSIONS OF 14 DAYS OR LESS
     SECTION 10. SUSPENSIONS OF MORE THAN 14 DAYS, REDUCTIONS IN GRADE OR PAY, AND REMOVALS

ARTICLE 23 GRIEVANCE/ARBITRATION
      SECTION 1. PURPOSE
     SECTION 2. DEFINITION
     SECTION 3. AVAILABLE PROCEDURE
     SECTION 4. EXCEPTIONS TO THE GRIEVANCE PROCEDURE
     SECTION 5. REPRESENTATION
     SECTION 6. SETTLEMENT OF GRIEVANCES
     SECTION 7. STEPS OF THE GRIEVANCE PROCEDURE
     SECTION 8. INSTITUTIONAL, GROUP, AND PROMOTION GRIEVANCES
     SECTION 9. INVOKING ARBITRATION
     SECTION 10. PANEL OF ARBITRATORS
     SECTION 11. REMOVAL OF ARBITRATORS
     SECTION 12. ARBITRATION COST
     SECTION 13. SCHEDULING ARBITRATION HEARINGS
     SECTION 14. ARBITRATION PROCEEDINGS
     SECTION 15. AUTHORITY AND DECISIONS OF THE ARBITRATOR
     SECTION 16. EXPEDITED ARBITRATION
     SECTION 17. SUSPENSION OF AN EMPLOYEE UNDER EXPEDITED ARBITRATION
     SECTION 18. REMOVAL OF EMPLOYEE UNDER EXPEDITED ARBITRATION
     SECTION 19. FILING EXCEPTIONS

ARTICLE 24 ALTERNATIVE DISPUTE RESOLUTION [ADR]
      SECTION 1. POLICY
     SECTION 2. APPLICABILITY
     SECTION 3. MEDIATION
     SECTION 4. FACILITATION
     SECTION 5. UNION PARTICIPATION

ARTICLE 25 CONTRACTING-OUT
      SECTION 1. POLICY
     SECTION 2. INFORMATION
     SECTION 3. PROCEDURES
     SECTION 4. RELATIONSHIP TO LAWS AND GOVERNMENT-WIDE REGULATIONS
     SECTION 5. SUPERVISION OF BARGAINING UNIT EMPLOYEES

ARTICLE 26 REDUCTION-IN-FORCE (RIF)
      SECTION 1. GENERAL STATEMENT
     SECTION 2. UNION NOTIFICATION
     SECTION 3. EMPLOYEE NOTIFICATION
     SECTION 4. IMPACT AND IMPLEMENTATION BARGAINING

ARTICLE 27 LABOR MANAGEMENT RELATIONS
      SECTION 1. OBLIGATIONS
     SECTION 2. STATUTORY RIGHTS
     SECTION 3. UNION REPRESENTATION
     SECTION 4. DATA
     SECTION 5. PRE-DECISIONAL INVOLVEMENT
     SECTION 6. COMMUNICATION WITH EMPLOYEES

ARTICLE 28 UNION REPRESENTATIVES AND OFFICIAL TIME
      SECTION 1. GENERAL
     SECTION 2. NUMBER OF UNION REPRESENTATIVES
     SECTION 3. USE OF OFFICIAL TIME
     SECTION 4. RECORDING OFFICIAL TIME
     SECTION 5. RELEASE TO PERFORM REPRESENTATIONAL DUTIES
     SECTION 6. LABOR-MANAGEMENT RELATIONS TRAINING

ARTICLE 29 DUES WITHHOLDING
      SECTION 1. ELIGIBILITY
     SECTION 2. UNION RESPONSIBILITY
     SECTION 3. AGENCY RESPONSIBILITY
     SECTION 4. EFFECTIVE DATES FOR DUE WITHHOLDING ACTIONS
     SECTION 5. NOTIFICATION OR EMPLOYEE'S INELIGIBILITY
     SECTION 6. REVOCATION OF DUES WITHHOLDING

ARTICLE 30 FACILITIES & SERVICES
      SECTION 1. DISSEMINATION OF THE AGREEMENT
     SECTION 2. OFFICE SPACE
     SECTION 3. INFORMATION TECHNOLOGY
     SECTION 4. COMMUNICATION
     SECTION 5. PARKING

ARTICLE 31 MID-TERM NEGOTIATIONS
      SECTION 1. STATUTORY OBLIGATIONS
     SECTION 2. NOTICE
     SECTION 3. MIDTERM GROUND RULE PROCEDURES

ARTICLE 32 DURATION AND TERMINATION
      SECTION 1. LENGTH OF THE AGREEMENT
     SECTION 2. AMENDMENTS
     SECTION 3. ANNUAL RE-OPENER

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ARTICLE 1

General Provisions

SECTION 1. Parties to the Agreement

This Agreement is entered into between the American Federation of Government Employees, AFL-CIO, Washington DC, hereafter referred to as the "Union" or "AFGE," and the National Archives and Records Administration, hereafter referred to as the "NARA," "Agency" or "Management," together referred to as the "Parties."

SECTION 2. Applicability

The terms and conditions of this Agreement are applicable solely to employees and positions in the units of exclusive recognition as certified by the Federal Labor Relations Authority (FLRA) in case number 3-RO-50013: "All full, part-time and intermittent professional and non-professional employees of the National Archives and Records Administration nationwide serving on career or career-conditional appointments in the competitive service and all professional and non-professional employees with Veterans Readjustment Appointments (VRAs), excluding Management officials, supervisors, all excepted service employees (other than VRAs), all employees serving on temporary or term appointments and employees described in 5 U.S.C. 7112(b)(2), (3), (4), (6) and (7)."

SECTION 3. Computing Time-limits

1. All "days" cited herein are "calendar days" unless otherwise specified.

2. For purposes of computing time limits, the "countdown" begins the first day after the occurrence of the event (or the employee/Union/Agency becoming aware of the occurrence) triggering the time limit. If the deadline falls on a weekend or Federal holiday, the time limit will be automatically extended to the end of the next workday.

SECTION 4. Clarification of Term

The Parties agree that the use of the word "will" in this Agreement is to be interpreted as "has a duty to," or more broadly, "is required to."

ARTICLE 2

Governing Laws and Regulations

SECTION 1. Relationship to Laws and Government-wide Regulations

In the administration of all matters covered by this Agreement, officials and employees will be governed by existing or future federal laws and Government-wide regulations.

SECTION 2. Change Due to Law and Government-wide Regulations

If a future law or Government-wide regulations requires a change in this Agreement or other agreements between the Parties, the Union will be afforded the opportunity to negotiate, as prescribed by Title 5 of the United States Code, Chapter 71.

SECTION 3. Conflict Between NARA Policy/Regulations and this Agreement

In case of conflict between NARA policy/regulations and this Agreement, the Agreement governs.

SECTION 4. Past Agreements and Practices

1. This Agreement will supersede the August 1993 National Agreement between AFGE and NARA.

2. Any provision of a previously negotiated mid-term agreement between AFGE and NARA that conflicts with the terms and conditions of this Agreement are null and void.

3. All past practices that conflict with the terms and conditions of this Agreement are null and void.

ARTICLE 3

Employee Rights

SECTION 1. Right to Organize

Each employee has the right to freely and without fear of penalty or reprisal to form, join, assist, or to act as a designated union representative. This right consists of the lawful participation in all Union activities including presentation of its views to officials of the Agency, the President, Congress, or other appropriate authority.

SECTION 2. Personal Rights

The private life of an employee is her or his own affair except if the private activities of an employee are of an egregious nature; affects performance or management's trust; and/or interferes with or adversely affects the mission of the Agency.

SECTION 3. Employee's Right to Raise Concerns, Grieve or File a Statutory Appeal

Employees who file a grievance or a statutory appeal, or participate in Alternative Dispute Resolution (ADR), will be assured freedom from any restraint, interference, coercion, discrimination, intimidation, or reprisal.

SECTION 4. Complying with Orders

1. Employees recognize their responsibility to promptly comply with orders and instructions from their supervisors. If an employee reasonably believes that an order or instruction patently violates any law, rule, or regulation, she or he has the right to state her or his beliefs to her or his supervisor. If the instruction remains unchanged, she or he has the right to state her or his beliefs promptly and orally to the next higher level of Management if available. If that higher level of Management confirms the order or instruction, or if the next higher level of Management is not immediately available, then the order or instruction will be carried out promptly by the employee.

2. If an employee receives conflicting instructions or orders that must be carried out at the same time, or that negates the previous order or instruction, the employee will bring the discrepancy to the attention of the supervisor or manager who provided the last instruction or order. The employee will then follow the last order or instruction given.

SECTION 5. Pay at Work Site

Employees who receive their pay at the work site, as of May 27, 1992, will continue to receive their pay in this manner unless they request a change.

SECTION 6. Morale

The Parties recognize that work performance may be enhanced when morale is high. Managers, supervisors, and employees will endeavor to treat one another with respect and dignity.

ARTICLE 4

Equal Employment Opportunity, Diversity, and Affirmative Action

SECTION 1. Policy

1. The Parties agree to strive to make NARA a model federal agency by promoting throughout the Agency equal employment opportunities, meaningful implementation of Equal Employment Opportunity (EEO) policies, and a diverse workforce. The Parties affirm that discrimination against employees based on the following will not be tolerated:

1. Race;2. Color;3. Religion;4. Sex;5. National origin;6. Disability;7. Age;8. Marital status;9. Political affiliation;10. Parental status as defined in Executive Order 13152;11. Sexual orientation;12. Protected genetic information as described in Executive Order 13145; or13. Any other non-meritorious basis covered by federal law, rule, or regulation.

2. The Parties agree that employment decisions and actions will be based on meritorious reasons.

SECTION 2. EEO, Diversity, and Affirmative Action Plans

1. At the request of either the Agency or the Union, the Parties will meet to review and discuss problems, progress, and accomplishments in meeting Equal Employment Opportunity (EEO)/Affirmative Employment Program (AEP) goals and objectives.

2. In developing EEO, Diversity, Affirmative Action or related plans, the Agency will consult with the Union.

3. The Union will be afforded the opportunity to meet with the Archivist to discuss the EEO, Diversity, Affirmative Action or related plans, prior to the plan(s)' submission to the Equal Employment Opportunity Commission (EEOC).

4. NARA's Affirmative Action Plan will include a policy statement regarding NARA's commitment to EEO principles and at a minimum address the following:

1. Recruitment and development plans that address situations of under representation;

2. Identify barriers to achieving affirmative action goals;

3. Identify actions to be taken to address affirmative action objectives;

4. Report and measure progress towards achieving affirmative action objectives NARA-wide and use this data to assess the need to develop new programs and plans to attract applicants and speak to deficiencies; and

5. Identify responsible offices/officials and target dates for actions taken to address affirmative action objectives.

SECTION 3. Committees

1. The Union may appoint a representative to any EEO, diversity or affirmative action committee that is officially established and whose membership is not limited to management.

2. Whenever a management official who is not a member of a committee initiates a meeting with that committee, the Agency will inform the Union in advance and will afford the Union the opportunity to be present at such meetings.

SECTION 4. Accommodations

1. Accommodations for employees who are pregnant, nursing, or temporarily disabled.

1. Employees who are pregnant, nursing, or temporarily disabled may formally request accommodation. The Agency agrees to consider such requests; the employee and supervisor should work together to try to find solutions to accommodate each other's needs. The parties agree that the Agency's decision on whether or not to provide individual accommodations will be made on a case-by-case basis, taking into consideration the employee's specific needs, the work environment, and the business needs of the Agency.

2. A formal request will be in writing and include the employee's reason for requesting an accommodation, the employee's suggestion for an accommodation (e.g., modification of schedule), and the anticipated length of time the accommodation will be needed. If an employee's request is based on a medical condition, the Agency may require that the employee submit medical documentation in support of her or his request.

3. The Agency is responsible for responding to the request in a timely manner. If the request is not granted, the Agency will articulate in writing the reason why an accommodation cannot be made. Denials will not be made for arbitrary reasons.

4. The Parties are encouraged to use ADR as specified in Article 24, Alternative Dispute Resolution, to resolve disputes over accommodations.

2. Accommodation of employees with religious needs.

1. Employees may request accommodation for special religious needs. Accommodation of employees with religious needs will be addressed consistent with federal guidelines.

2. The Parties are encouraged to use ADR as specified in Article 24, Alternative Dispute Resolution, to resolve disputes over accommodations.

3. Accommodation of individuals with handicaps under 29 CFR 1614.

1. Employees may request accommodation for a handicapping condition. Accommodation of individuals with handicaps under 29 CFR 1614 will be addressed consistent with federal guidelines.

2. The Agency will provide individuals with handicaps full consideration for all training opportunities. Once an employee is selected for training, reasonable accommodations will be provided consistent with federal guidelines.

3. The Parties are encouraged to use ADR as specified in the Article 24, Alternative Dispute Resolution, to resolve disputes over accommodations.

4. If a change in working conditions as a result of an accommodation triggers a duty to bargain under the Federal Service Labor-Management Relations Statute (5 U.S.C. §7101 et seq.), Article 31, Mid-term Bargaining, will apply.

5. The Union will disclose information related to accommodations only to those with a need to know.

SECTION 5. EEO Counselors

1. When appointing EEO counselors, the Agency will accept nominations from the Union. The Union nominee(s) will be considered with other potential candidates.

2. The names and telephone numbers of EEO counselors will be posted on bulletin boards in work sites and on the NARA staff-only homepage. The information will be kept current.

3. The Agency will at least once a year distribute the names and telephone numbers of EEO counselors. This information will be updated and redistributed as changes occur.

4. An employee has the right to select a NARA EEO counselor of his/her choosing.

SECTION 6. Individual Discrimination Complaint Process

1. The ADR program specified in the Article 24, Alternative Dispute Resolution, will be the only mediation process used by bargaining unit employees in the discrimination complaint process in control of the Agency.

2. Consistent with Federal guidelines, at the initial stage employees will be advised in writing of the EEO process and the options (e.g., the negotiated grievance procedure; ADR; and the timeframes involved) available to the employee.

3. Any employee who wishes to file or has filed an EEO complaint will be free from coercion, interference, dissuasion, and reprisal.

4. Any employee who serves as the personal representative of an employee who has filed an EEO complaint will be free from coercion, interference, dissuasion, and reprisal.

5. Any employee who is a witness to or gives evidence concerning an EEO complaint will be free from coercion, interference, dissuasion, and reprisal.

6. At all stages of the complaint process (29 CFR 1614), including the counseling stage, the individual is entitled to be represented by a representative of her or his choosing. Both the employee and her or his personal representative are permitted to use time as provided for under 29 CFR 1614. The complainant will designate her or his personal representative in writing.

7. Union representatives designated by the complainant as her or his personal representative (under 29 CFR 1614) are permitted to use time allotted under 29 CFR 1614 for complaint representation. This time does not count against the Union officials' bank of official time under Article 28, Union Representatives and Official Time.

8. If a change in working conditions as a result of an EEO settlement triggers a duty to bargain under the Federal Service Labor-Management Relations Statute (5 U.S.C. §7101 et seq.), Article 31, Mid-Term Negotiations will apply.

9. The Union will disclose information related to individual EEO settlements only to those with a need to know.

SECTION 7. Information

1. The Agency will identify the name, position and principal areas of responsibility of the Equal Employment Opportunity and Diversity Programs Office staff. This information will be posted and maintained on bulletin boards in work sites and on the NARA staff-only homepage. The information will be kept current.

2. The Agency will provide the Union with a copy of any reports or studies regarding the overall program(s) conducted by the Equal Employment Opportunity and Diversity Programs Office.

3. Upon request, the Agency agrees to provide employees access to written information describing the discrimination complaint procedure.

4. The Agency will advise the Union on a yearly basis on the number and type of EEO complaints and their status.

5. The Agency will collect data that captures demographic data by individual offices/staff and will make this data available to the Union upon request.

SECTION 8. Re-negotiation

Either party may, no sooner than two years after this Agreement goes into effect, request to renegotiate Section 2 (EEO, Diversity, and Affirmative Action Plans) of this Article. If negotiations are requested, then the negotiations will be mandatory.

ARTICLE 5

Standards of Conduct

SECTION 1. Ethics Officials

The Agency will provide notice annually of the names of the ethics officials and standards of conduct advisors whom employees may contact should they have questions concerning standards of conduct or ethical matters.

SECTION 2. Approval of Outside Employment

1. Bargaining unit employees seeking to engage in outside employment, business or professional activities must seek approval in advance of engaging in such activities. Requests for approval must be submitted on NA Form 3015.

2. Failure to provide all the information requested on NA Form 3015 may be a basis to deny the request.

3. Should the Agency determine that an employee's anticipated work hours for an outside position may conflict with the employee's NARA work schedule, the employee will be given an opportunity to clarify the information submitted and make adjustments in the work schedule for the outside position before a final determination on the request for approval for outside employment is rendered.

SECTION 3. Expedited Grievance/Arbitration Procedure

1. Appeals concerning outside employment will be filed at the last step of the grievance procedure directly with the appropriate office head or staff director.

2. The appropriate grievance-deciding official will have 5 working days to respond.

3. If the appeal is denied the Union may invoke expedited arbitration.

4. The arbitrator must conduct a hearing within 15 working days after acceptance.

5. The arbitrator must render a decision within 15 working days of completion of the hearing.

SECTION 4. Financial Disclosure

The Parties recognize that bargaining unit employees normally do not meet the criteria for filing Statements of Employment and Financial Interest, and normally will not be required to submit such statements. However, this does not preclude a bargaining unit employee from being designated as meeting the criteria for disclosure of financial matters. For positions graded GS-13 and below, any requirement for financial disclosure will be accompanied by an explanation as to why a disclosure statement is deemed necessary to protect the integrity of the government. The Union will be notified of the positions for which there is a requirement to submit a financial disclosure statement.

SECTION 5. Distribution of Agency Standards of Conduct

NARA will provide a copy of the Standards of Conduct to each employee.

ARTICLE 6

Hours of Work and Overtime

SECTION 1. Basic Work Schedule

1. The administrative workweek will be a period of 7 consecutive calendar days beginning on Sunday.

2. The basic required workweek schedule will be 5 consecutive days of 8 hours each, normally Monday through Friday. Within each pay period employees will be scheduled for 2 consecutive days off. Management will consider employee requests for non-consecutive days off.

3. The occurrence of holidays will not affect the designation of the basic workweek.

SECTION 2. Rest Periods

1. Rest periods of 15 minutes will be provided for each 4 hours of work for employees who work 8-hour tours of duty. The rest period will normally occur in the middle of each 4-hour work period. Employees who work 4-hour shifts will have no more than one 15-minute rest period. Similar adjustments will be made for employees who work on other than the normal 8-hour tour of duty.

2. Rest periods are hours of duty and normally may not be accumulated for later use. Breaks may not be used to extend the lunch period or begin or end the workday.

SECTION 3. Changing Hours

The Agency will notify an employee(s) of necessary changes in her or his tour of duty at least 72 hours prior to the change.

SECTION 4. Overtime

1. Every reasonable effort will be made to distribute overtime equally among qualified employees to the extent practicable. Management will schedule overtime based on a rotation system among qualified employees. Management's determination as to who is qualified will be based on valid, work-related criteria.

2. The Agency agrees to establish an overtime roster on a current basis for units that consistently schedule overtime. Each occurrence of overtime will be noted on the roster. The roster will be maintained for a four-month period. Unit employees or the Union may review the roster.

3. Normally, overtime will be offered to employees on a voluntary basis. However, if the number of volunteers is less than the number of workers needed and immediately available, overtime may be mandatory.

4. Employees may request relief from an overtime assignment. When another qualified employee is available for assignment, the employee's request will be granted. When all employees request relief, the supervisor will determine who will receive the overtime assignment in accordance with the rotation system.

5. Employees will be compensated for overtime work in accordance with appropriate laws and regulations.

6. Employees called back to work on a work or non-work day will be compensated for a minimum of 2 hours overtime work.

7. Employees will be authorized to work overtime in 6-minute increments.

8. Consistent with applicable laws and regulations, an eligible employee may request compensatory time off instead of payment of overtime. The earning of compensatory time and the scheduling of its use is subject to the requirements of the position as determined by Management. If compensatory time off is granted, it may be used in a manner similar to annual leave.

SECTION 5. Clean-up Time

Depending on the nature of the work being performed and the location of the worksite, the Agency will provide a reasonable amount of time for employees to clean up prior to lunch and the end of the workday.

SECTION 6. Voluntary Work

The Agency agrees not to request employees in the bargaining unit to perform uncompensated voluntary services.

SECTION 7. Continuous Duty Employees

1. Employees who are designated as continuous duty employees will work 8-hour shifts and will remain at the duty station until properly relieved.

2. Tours of duty will normally be scheduled and posted at least 2 weeks in advance. Necessary changes in tours of duty will be posted in work areas 72 hours prior to the beginning of the normal workweek affected.

ARTICLE 7

Alternative Work Schedules

SECTION 1. General

The Parties agree that all full-time and part-time employees will have the opportunity to work a flexible work schedule (flexitime or flexitour) or a compressed work schedule as described below.

SECTION 2. Definitions

1. Flexitime and flexitour are two forms of flexible schedules established by NARA under 5 USC § 6122.

1. Flexitime: Allows employees to vary their time of arrival and departure within designated flexible time bands that surround designated core hours. Employees are required to fulfill the basic work requirement. Employees on a flexitime schedule may earn credit time in accordance with Section 5 (Credit Hours) of this Article.

2. Flexitour: Allows employees on an otherwise fixed schedule (excluding a compressed work schedule) to vary the time of arrival or departure within designated credit time bands for the sole purpose of earning credit time. Credit time earned on a flexitour schedule may be used to reduce the length of the workweek or another workday in accordance with Section 5 (Credit Hours) of this Article. Employees on a flexitour schedule may earn credit time in accordance with Section 5 (Credit Hours) of this Article. (For example, if an employee is required to open a facility at 6:00 a.m., the employee may opt to work past their basic work requirement with the approval of their supervisor in order to earn credit hours).

2. Core time. The Agency designated period during which all employees on a flexitime schedule must be present unless in a leave status or on lunch break.

3. Flexible time band. The designated time band during which an employee on flexitime schedule may on a day to day basis choose when to arrive at work. A time band also exists following the core time during which employees may depart after being present (or in approved leave status) for 8 ½ hours. The flexible band for each participating organization may be a maximum of three hours prior to the established core time.

4. Credit time band. The designated time band during which an employee on a flexitour schedule may earn credit time in accordance with Section 5 (Credit Hours) of this Article.

5. Credit hours. Any hours in a flexible schedule, established under 5 U.S.C. § 6122 which are in excess of an employee's basic work requirement and which the employee elects to work so as to vary the length of the work week or a work day.

6. Alternative work schedules. A variety of flexible and compressed work schedules.

7. Compressed work schedule. A work schedule which requires an employee to work a 40-hour workweek in less than 5 days, or an 80-hour bi-weekly pay-period in less than 10 days. The employee thus extends the length of the workday but is allowed to take time off on what would otherwise be a workday. There is no provision for credit hours under a compressed work schedule program, and the employee has a set schedule.

1. 5/4-9. A compressed work schedule in which a full-time employee works eight 9 hour days, one 8-hour day, and is off on one day during a bi-weekly pay period.

2. Four-Day Workweek (4/10). A compressed work schedule, in which a full-time employee works four 10-hour days a week, 80 hours in a bi-weekly pay period.

8. Basic work requirement. The number of hours, excluding overtime hours, which an employee is required to work in a pay period, or is required to account for by leave (e.g. annual, sick, administrative, etc.).

9. Overtime hours. When used with respect to flexible schedule programs under 5 U.S.C. §§ 6122 - 6126, overtime means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in advance, but does not include credit hours.

SECTION 3. Eligibility

1. Certain positions or parts of the organization can be exempted from the flexitime or compressed work schedules for work related reasons. In these cases, the employee will be on flexitour. Reasons for exclusion from flexitime or compressed work schedules and placement on a flexitour schedule may include: disruption of agency operations (including disruption of service to the public); incurring of additional costs; security reasons; or fulfillment of statutory requirements.

2. The Agency will provide the Union with a list of those units that have employees on flexitour schedules within 60 days of the effective date of this Agreement.

3. The Agency will notify the Union of any permanent changes to program eligibility. The employee and/ or Union will have the right to grieve. The filing of a grievance will not delay the implementation of the change.

4. An employee on flexitime or a compressed work schedule may be assigned a flexitour schedule on a temporary basis for work related reasons. Affected employees will be given two weeks advance notice when any temporary alteration to participation in the Alternative Work Schedules program is required by the Agency. However, in unforeseen circumstances, as much notice as possible will be given. Written notification will be given to the Union when such changes exceed 30 days.

5. Employees on flexitour may, on a day-to-day basis, request a change to their fixed tour of duty subject to prior supervisory approval. Such requests should be made as soon as possible, but no later than one day in advance.

6. Employees may request to change their schedules (flexitime to 5/4-9 or 4/10; 5/4-9 to 4/10; or 4/10 to 5/4-9) on a quarterly basis. Employees who request compressed work schedules will indicate which schedule they are requesting, which day(s) they wish to have as non-workdays, and in the case of the 5/4-9 schedule, which day they would like as their 8-hour day. Written requests must be submitted no later than two weeks prior to the next quarterly announced decision day. All requests to work a compressed work schedule will be subject to supervisory approval and may be disapproved for valid work-related reasons. Where two or more employees in an organization have requested the same non-workday(s) and where this would adversely affect Agency operations, the supervisor will request that the employees work together to decide non-workdays. If the parties are unable to do so, the supervisor will decide, taking into consideration such factors as the needs of the organization, the reasons for the requests, the possibility of rotating between the employees on a quarterly basis, and taking into consideration how previous scheduling disagreements were resolved.

7. An employee who is working a compressed work schedule (5/4-9 or4/10) may request, in writing to the supervisor, to return to her or his former flexitime or flexitour schedule at the beginning of the following pay period.

SECTION 4. Compressed Work Schedules

1. An employee who works a compressed work schedule is not eligible to earn credit hours.

2. An employee who elects to work a compressed work schedule must select an arrival time and a departure time. Once these times have been selected and approved, the employee will not be allowed to vary these times. An employee may submit a request to her or his supervisor to change her or his fixed arrival and departure times. An employee's request to change her or his fixed arrival and departure time is subject to the supervisors approval.

3. The arrival and departure times selected by an employee will be within the organization's flexible time bands. For example, if the flexible time bands for an organization are 6:00 a.m. to 9:00 a.m. as an arrival time in the morning and 2:30 p.m. to 6:30 p.m. in the afternoon, an employee on a 5/4-9 schedule may select as an arrival time 9:00 a.m. and 6:30 p.m. as a departure time. This constitutes a 9-hour workday, including the lunch period, and the times are selected within the flexible time bands. An employee in the same organization, who is on a 4/10 work schedule, must select an arrival time no later than 8:00 a.m. because a 10-hour workday, including a lunch period, will end at 6:30 p.m. This is the latest departure time allowed by the organization's afternoon flexible time band.

SECTION 5. Credit Hours

1. Only employees working on a flexitime or flexitour schedule may earn credit hours. Employees who work on a 5/4-9 or 4/10 compressed work schedule are on a fixed tour of duty and are not eligible to earn credit hours.

2. Full-time employees may carry over up to 24 hours of credit time from one bi-weekly pay period to the next. Part-time employees who participate in the flexible work program may accumulate up to one quarter of the hours of the employee's basic work requirement (as defined in Section 2) for carryover from one bi-weekly pay period to the next. Employees are responsible for requesting prior approval to use credit hours and to give sufficient notice to supervisors. A full-time employee who has accumulated more than 24 credit hours (or a part-time employee who has accumulated more than the maximum allowed) is subject to forfeiture of the excess credit hours if they are not used prior to the end of the pay period. The Agency is not obligated to approve the use of credit hours solely to prevent the forfeiture of the excess credit hours. The Agency may disapprove an employee's request for approval to use credit hours if the employee did not provide sufficient notice of the request or if there are valid work-related reasons for disapproving the request.

3. With the supervisor's prior approval, based on limiting factors such as workload or appropriate Management control, an employee on flexitime or flexitour may elect to earn credit time. The minimum amount of credit time that may be earned at any one time is 15 minutes. After that, credit time may be earned in 15-minute increments up to two hours. Credit time can only be earned in the performance of official duties and work performed will be evaluated under the employee's performance standards.

4. Employees may earn credit time on a voluntary basis.

5. Credit hours may not be used in advance of being earned. The use of earned credit hours is subject to the same regulations and contractual agreements governing the use of leave. Credit hours can be used in conjunction with other forms of approved leave.

SECTION 6. Sign In/Out Procedures

1. Sign in/out procedures will be used. Standardized agency forms will be utilized which will include the following information:

1. Date;

2. Time of arrival at beginning of workday;

3. Time of departure at end of workday;

4. Credit time earned or used for the day;

5. Overtime, if any;

6. Leave usage;

7. Lunch time sign in/out where applicable;

8. Employee's signature; and

9. Supervisor's initials.

2. Other recordkeeping/timekeeping procedures will be negotiated as necessary { as prescribed by Federal Service Labor-Management Relations Statute (5 U.S.C. §7101 et seq.) and Article 31, Mid-term Bargaining, }.

SECTION 7. Re-negotiation

If the Agency introduces the use of an electronic time-keeping system to record credit time earned and used, Section 5C will be reopened. The Parties agree that the increment in which credit time may be earned will be modified to comply with the electronic time-keeping system. The minimum amount of credit time that may be earned and the amount of credit time that may be earned after the minimum amount is earned will be subject to negotiations.

ARTICLE 8

Leave

SECTION 1. General

1. Leave will be administered in accordance with the provisions of this Article and NARA leave regulations, Chapter 630 (Personnel 300). However, should any provisions of this Article conflict with