Date: 
Tue, 04/16/2019
MEMORANDUM OF AGREEMENT (MOA)

on

AFI 31-122 Department of t/ze Air Force Civilian Police/Security Guard (DAF CPISG) Program, dated 31 July 2015

1. The American Federation of Government Employees (AFGE) Com1cil 214 and Air Force Materiel Command (AFMC), hereafter-referred to as the Union and Management, and collectively as the Parties, hereby enter into this Memorandum of Agreement regarding subject program as it applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the Parties.

2. AFI 31-122 provides policy related to the hiring, training, medical/fitness testing, and uniforms for civilian police and security guards at Air Force installations. This MOA implements AFI 31-122 subject to the provisions below.

3. The 13 employees who encumbered positions before 22 October 2010, when AF! 31-283 was implemented will become subject to AFI 31-122 standards related to their position 12 months after the date this MOA is signed.

4. An employee who requests their supporting documents for a waiver exception will have access to their related supporting documents and records and will be provided with copies of any such documents and any subsequent endorsements, approvals and denials. Refer to AFI 31-1221 Waiver Process, Attachment 8, A8.2, which outlines the waiver process and how the employee can obtain supporting documentation.

5. Management will apply the government-wide Medical Qualifications Determinations waiver established at 5 C.F.R. 339.204 where there is sufficient evidence that an employee can, perform the "essential" duties of the position without endangering the health and safety of the individual or others.

6. Initial and continuing medical examinations and evaluations will be performed in accordance with AFI 31-122.

7. During an incumbent's medical evaluation. when the examining physician identifies one or more medical conditions that could interfere with the DAF CP/SG's performance of the essential functions of the position, requiring the conducting of a medical standard disqualification recommendation, the procedures in AFI 31 122 will apply.

8. In the event that an employee fails to pass the medical screening process or requires medical restrictions that management is unable to accommodate, the employees treating physician will make a qualified determination of whether the medical condition(s) are of a permanent or temporary nature. If the treating physician's determination is that the medical condition is expected to be temporary, the employee will provide medical documentation showing the approximate time period the condition is expected to last. If the employee is placed on any medically determined restrictions, the employee will provide a copy of said restrictions to their supervisor.

9. If the condition is permanent in nature, the local Medical Review Officer will identify the resultant limitations on performance (if any).

10. The medical evaluation process will include a right of an employee to have the opportunity to provide medical documentation from his or her private treating physician or practitioner, -obtained at the employee's expense. The local MRO will review and consider all documentation provided by employee from the private physician or practitioner. The final decision on medical restrictions will be made by the local MRO. The local MRO will provide the employee a written rationale for the MRO's final decision.

11. Employees may use their own discretion whether or not to pursue further medical evaluation through a private physician if medical conditions are identified during a routine medical screening that impact their ability to perform the job. If an incumbent employee does not meet established medical thresholds, the employee may choose to obtain, at the employee's expense, additional tests, studies or medical assessments in an effort to prove that the employee is capable of safely performing the full range of assigned essential activities (with or without accommodation).

12. Incumbent employees, once passing the medical screening, will be given a minimum of 90-days in which to participate in physical conditioning to prepare for the Physical Ability Test (PAT), either diagnostic or record testing. All training and PAI testing will be considered duty time. Employees may also be provided up to 3 hours per week of duty time in which to participate in conditioning training in accordance with AFI 31-122, Paragraph 6.7. Employees will be given a PAT no less than 90-days after being medically cleared from a medical condition related to physical agility.

13. Incumbent employees that fail the PAT test twice, shall be afforded the opportunity to take the Physical Readiness Job Task Scenario Appeals Test as specified in AFI 31-122, Paragraph 6.8.9. Funding for the VA-LETC alternative PAT location will be approved and funded by the MAJCOM or respective unit. All other provisions of AFI 31-122, Paragraph 6.8.9., and Attachment 11 shall apply. This appeal process and test is not offered to applicants. The Physical Readiness (Job Task Scenario) Appeals Test consists of three scenarios that include a Gate Detail (Scenario #1), a Tactical Response (Scenario #2), and finally, a Chase and Restrain Subject (Scenario #3). All scenario physical requirements for the alternative PAT are outlined in AFI 31-122, Chapters 6.8. 1O. through 6.8.13.1.

14. Management will ensure that any training and PAT testing locations have emergency medical equipment available and that personel have been adequately trained in its use.

15. Management. will ensure that two stopwatches are used during the PAT run. If the two stopwatches do not show the exact same time, the faster of the two times will be used.

16. All remedies available under the MLA or 5 U.S.C. 71 will remain available to the Parties if concerns cannot be cooperatively resolved.

 

FOR MANAGEMENT                                                FOR THE UNION


//signed//                                                    //signed//
___________________________                                   _____________________________
THAD B. HILL, Colonel USAF                                    TUJA STUARD
Chief, Security Forces Division                               Executive Assistant
Directorate of Logistics,                                     AFGE Council 214
Civil Engineering, Force Protection, 
and Nuclear Integration
HQ AFMC




//signed//                                                   //signed//
_______________________________                              __________________________________
COLLETTE MYERS                                               TROY TINGEY
Human Resources Specialist                                   President
Labor Relations                                              AFGE Council 214
HQ AFMC/A1KL

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