Use of Official Time by Designated Union Reps to Review AFI 36-704, Discipline and Adverse Actions of Civilian Employees

Date: 
Tue, 04/30/2019
MEMORANDUM OF AGREEMENT (MOA)

Concerning

Use of Official Time by Designated Union
Representatives to Review
Air Force Instruction (AFI) 36-704, Discipline
and Adverse Actions of Civilian Employees

References:
    A. AFI 36-704, Discipline and Adverse Actions of Civilian Employees dated 3 July 2018

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

2. AFI 36-704 (reference A) implements Title 5 United States Code, Chapters 43 and 75, and the implementing regulations in Title 5, Code of Federal Regulations, Part 752 by providing procedural guidance for taking disciplinary and adverse actions against certain civilian employees paid with appropriated funds. This AFI includes information regarding employees' right to representation, provide a response to proposed actions, and view supporting documentation, along with their rights to appeal decisions.

3. The parties agree that, within one week of the signing of this agreement, the Union will provide AFMC/Al KL the names of four employees to serve as Union reviewers. These reviewers will serve as the AFI review team. Each reviewer shall be granted up to 8 hours of official time over a period of two weeks to complete a review of the AFI and submit local input to AFGE C214.

4. Before the review begins AFMC will provide each Union reviewer one hard copy of the current AFI and one copy of the version dated 22 July 1994. The review will start when the AFGE C-214 representative notifies AlKL that they are ready for the field review (NLT 2 weeks after signing of this agreement).

5. Following the review, an additional 2 hours of official time will be authorized for each local reviewer to collaborate with AFGE Council 214 on the compilation of concerns. AFGE Council 214 will submit to AFMC a complete list of paragraphs at issue, union concerns, and interests to be bargained, not later than 7 business days following the final day of the final collaboration week, which will end no later than 5 weeks after the signing of this document.

6. The local LROs will arrange for release of the employees for the specified amount of time authorized. In the event the mission may prohibit release, any denial will be coordinated through AFMC/AlKL or their designee.

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

For Management/Date                                         For the Union/Date



   //signed//                                                  //signed//
____________________________________                       _____________________________
AMANDA BLANKENSHIP                                         TROY TINGEY
Human Resources Specialist                                 President
(Employee Relations)                                       AFGE Council 214




   //signed//                                                 //signed//
____________________________________                       ______________________________
BRIAN FRIEDRICH                                            TUJA STUARD
Human Relations Specialist                                 Executive Assistant
(Labor Relations)                                          AFGE Council 214
HQ AFMC/A1KL

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

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

Acquisition Demo (AcqDemo) Program at Arnold Air Force Base (AFB)

Date: 
Thu, 02/14/2019
MEMORANDUM OF AGREEMENT (MOA)
ON

Acquisition Demo (AcqDemo) Program at

Arnold Air Force Base (AFB)

 

References:
A. DOD Civilian Acquisition Workforce Personnel Demonstration Project (AcqDemo) Operating Guide, dated 7 Jun 2018
B. AcqDemo Federal Register Notice; 82 FR 52104, dated 9 Nov 2017
C. Acquisition Demo Program Expansion to Arnold A.F.B. MOA, dated 31 Aug 2015

Due to changes in the Federal Register regarding the AcqDemo Program, this MOA rescinds the Acquisition Demo (AcqDemo) Program at Arnold Air Force Base (AFB) MOA dated 21 November 2016 and implements the provisions below.

1. The American Federation of Government Employees (AFGE) Council 214 and Air Force Materiel Command (AFMC), hereafter referred to as the Union and Management, hereby enter into this MOA regarding the above matters as they apply to AFGE bargaining unit employees (BUEs) covered by the Master Labor Agreement (MLA) between the Parties.

2. AcqDemo is a congressionally-mandated project designed to provide an alternative to the General Schedule personnel system. The DOD AcqDemo Operating Procedures outline the scope of management and employee responsibilities, participation, and transition within the AcqDemo project (Reference A). The Federal Register noted above (Reference B) provides the basis for the AcqDemo Operating Guide. This MOA provides guidance for the trial application of the AcqDemo program at Arnold A.F.B. as outlined in the Acquisition Demo Program Expansion MOA (Reference C).

3. This MOA will be provided to all BUE’s incorporated into the AcqDemo program.

Position Requirements Document (PRD)

4. The PRD will accurately reflect the duties, responsibilities, and KSA’s for the occupational series, title, career path, and broadband level of the position. The PRD will also contain the Contribution-Based Compensation and Appraisal System (CCAS) Factors, with their Expected Contribution Criteria, Discriminators, and Descriptors designed for the corresponding career path and broadband level. These are the Factors on which the employees’ contributions will be evaluated. A Position Evaluation Statement will be included for all tiered positions, providing the rationale for the position’s tiering determination. If provided, supervisors, will consider input from the employee when writing the Position Evaluation Statement to accurately encompass all necessary information to justify the current or proposed tier for the employee.

5. Each employee will receive a PRD or addendum upon entry into an AcqDemo position. Each employee currently under AcqDemo will receive an updated PRD to reflect recent changes in the form within 15 work days of the signing of this MOA.

Performance Appraisal Quality Level (PAQL)

6. In order to comply with 10 United States Code (U.S.C.) ⸹1597(f) CCAS has been modified to embrace the quality of performance an employee demonstrates in achieving his/her expected contribution results through an assessment of performance under each of the contribution factors. Performance criteria are defined in the three performance appraisal quality levels and includes the criteria on which employee performance is appraised. They are assigned through the comparison of the CCAS factor Expected Contribution Criteria, descriptors and discriminators, an employee’s contribution plan, and the impact of the quality of the contributions on the organization.

7. Performance criteria will be defined for each quality level, to include “Fully Successful” performance. Performance criteria will be written in a manner such that an employee is able to recognize when they exceed contribution criteria and achieve a performance appraisal quality level rating of “outstanding”. Performance Appraisal Quality Levels recognizes the contribution criteria and reflect the performance level of the work outcomes to the organization and mission.

8. When an individual factor is rated “Outstanding” or “Unacceptable,” a performance narrative will be written to capture the justification for such rating. Supervisors will be instructed to include specific areas for improvement when an employee receives an unacceptable PAQL.

9. Upon request, the supervisor will provide clear guidance on how to perform at the “Outstanding” performance level for each contribution factor. Clear guidance is information recorded in the Supervisor’s Employee Brief or on a separate piece of paper for insertion into the Supervisor’s Employee Brief or into CAS2Net, that briefly and accurately describe the level of performance required by the employee to perform at the “Outstanding” level for each factor. The supervisor will sign and date the written guidance and the employee will sign and date acknowledging receipt. The supervisor will retain a copy in the Supervisor’s Employee Brief and provide a copy to the employee.

10. Upon employee request, supervisors will meet with the employee to discuss progress of the contribution plan, areas needing improvement, assistance available, and expectations for the remainder of the cycle.

Contribution Plan (CP)

11. CCAS is an appraisal system that measures the employee’s contribution and performance to the mission of the organization. The CCAS appraisal cycle starts 1 October and ends 30 September each year. A CP outlines the expected contributions to the organization’s mission for each employee throughout the rating cycle. The CP will be developed based on the duties identified in the PRD and IAW AFMC business rules. The CP is a written document, which is maintained online in the Contribution-Based Compensation and Appraisal System Software for the Internet (CAS2Net) of contribution objectives tailored to the duties and responsibilities of each individual employee. The CP will accurately reflect management’s expectations for contributions, and to ensure the employee’s contributions are commensurate with their current salary.

12. Management will ensure pay pools use the Broadband Level Descriptors and Discriminators as the benchmarks by which employees will be evaluated for their contributions along with each factor’s expected contribution criteria for performance during the CCAS appraisal cycle.

13. Employees are allowed and encouraged to provide ideas, comments, or recommendations relating to contribution objectives to supervisors for consideration at any time or when the contribution plan is being changed. Any hard copy employee written input will be retained in the Supervisor’s Employee Brief, for the life of the plan. When an existing contribution plan is issued, employees will be provided a reasonable amount of time to review and provide comments to the contribution plan.

14. At the beginning of each CCAS appraisal cycle, the supervisor should communicate the organization’s mission and goals to the employee. Employees will be given the opportunity to provide input regarding proposed contribution objectives for the CCAS cycle via the CAS2Net system. The CP will address all three factors of contribution evaluation in the Contribution – Results – Impact (CRI) format. The supervisor will finalize the CP in CAS2Net and discuss the final CP with the employee IAW the AcqDemo Operating Guide. If additional clarification or explanation of the CP is provided during the discussion, the discussion will be documented on a separate piece of paper or Memorandum for Record (MFR) and inserted into the Supervisor’s Employee Brief (AF Form 971). The date and method of communication regarding the CP will be entered in CAS2Net by the supervisor. Whenever an employee’s duties, mission, or goals significantly change in a manner that the CP is no longer applicable, the employee and supervisor will discuss the new duties and the CP will be updated in CAS2Net as necessary. Employees will be allowed up to 2 hours to review and provide comments on the contribution plan. In the application of the overall contribution plan, the employer will take into account mitigating factors such as availability of resources, equipment, lack of training, or frequent authorized interruptions of normal work duties.

Mid-Point Reviews

15. A minimum of one mid-point review will normally be held at the midpoint of the annual CCAS cycle. The employee may request additional feedback at any point during the CCAS cycle. The mid-point review allows employees and supervisors to discuss the employee’s current contributions and performance compared to the employees CP, and allows the supervisor to provide feedback on how to improve contributions and performance or maintain current contribution and performance levels, compared to pay pool established rating criteria. The supervisor will finalize the mid-point review in CAS2Net and discuss it with the employee IAW the AcqDemo Operating Guide. If any areas of needed improvement are identified, or any other details the supervisor feels are pertinent to record are discussed, the discussion will be documented on a separate piece of paper or MFR and inserted into the Supervisor’s Employee Brief. The supervisor will record the date and method of communication regarding the mid-point review in CAS2Net. Supervisors may consider discussions with employees when reviewing mid-point feedback records during final appraisal.

16. Prior to each scheduled mid-point review and the final CCAS appraisal, the employee is encouraged to provide "self-assessment" statements within CAS2Net, utilizing “CRI” format and ensuring that all three factors are addressed. Employee self-assessment statements are voluntary and the absence of a self-assessment statement alone will not justify a negative mid-point review, appraisal result, or PAQL score.

CCAS Appraisal Process

17. Employees will have access to training on writing effective “self-assessment” statements and contribution objectives. Training should include how to depict demonstrated quality of performance in achieving expected contributions. Employees will be granted a reasonable amount of duty time to complete “self-assessment” statements.

18. When determining an employee’s CCAS contributions, associated compensation, and performance; weighting of factors may be used at the discretion of the pay pool and pay pool manager IAW the AcqDemo Operating Guide and local business rules. The total award budget distribution between CCAS awards and other awards throughout the year will be decided by a Personnel Policy Board IAW the AcqDemo Operating Guide. Pay pools which include bargaining unit employees should ensure a Union representative be provided with a copy of pay pool business rules and provided an opportunity to provide feedback. The Union will be notified at least 15 calendar days prior to the CCAS pay pool deliberations taking place. The total award budget set aside for CCAS awards will be IAW the Civilian Acquisition Workforce Personnel Demonstration Project (AcqDemo) Federal Register.

19. The supervisor will communicate the appraisal Overall Contribution Score (OCS), PAQL score, factor scores, and pay adjustments to each employee in a formal feedback session. The supervisor will record the date and method of communication in CAS2Net.

20. Employees who are under CCAS for less than 90 consecutive calendar days and are in a pay pool as of September 30 will receive General Pay Increase (GPI) IAW the Federal Register.

21. The pay pool manager and supervisors must ensure the employee information contained in the program is safeguarded during the CCAS process. The Privacy Act of 1974 applies to all data, regardless whether finalized or not, during the entire process. Employee information, such as name, will not be disclosed outside of pay pool proceedings. Pay pool managers who convey the outcomes of the CCAS process must do so in a manner that ensures individuals cannot be personally identified by the posting of the results.22. Supervisors should document counseling sessions when employees receive feedback for deterioration of contributions or performance. Feedback sessions should be conducted between the supervisor and employee when the deterioration in contributions or performance occurs. Documentation of these sessions should occur following counseling sessions. Deteriorating contributions or performance must be documented prior to initiating a Contribution Improvement Plan (CIP).

22. To maintain a quality civilian workforce and encourage employees to strive for top performance, supervisors should take positive action as soon as a performance problem is observed. At any time during the performance appraisal cycle that the employee's contribution and/or performance starts deteriorating, the supervisor will initiate an opportunity period to give the employee a reasonable amount of time to demonstrate acceptable contributions and/or performance. This means an amount of time commensurate with the duties and responsibilities of the employee's position sufficient to allow the employee to show whether he or she can contribute adequately and/or perform acceptably to the standards. The supervisor will help the employee improve performance during the opportunity period. This can include supervisory instruction and counseling personal demonstration, peer coaching, frequent reporting, special assignments, on-the-job training, etc. Although not required by regulation, formal training may be provided. This training should be given a sufficient high ranking within the appropriate training priorities."

23. Management will take appropriate action to timely effect any changes to an employee’s performance records when it has been determined appropriate under the negotiated grievance procedures of the MLA or other appeal process.

Contribution Improvement Plan (Optional and Mandatory)

24. A decision to reduce pay or remove an employee for inadequate contribution or performance shall be IAW AcqDemo Operating Procedures. All employees shall be given a written notice of proposal to take a contribution or performance based action at least 30 calendar days prior to the date the action will be effective. All relevant documentation pertaining to a reduction in pay or removal that is based on inadequate contributions or performance shall be preserved and made available for review IAW AcqDemo Operating Procedures. In the event that a proposed action does not take place because an employee has achieved an adequate level of contribution or performance the employee will be notified in writing that the proposed action will not be taken, with the employee receiving a copy and a copy retained in the Supervisor’s Employee Brief (AF Form 971).

Transfers and Reassignments

25. In the event of downsizing associated with a formal reorganization/realignment, management will inform potentially affected employees of the potential for downsizing at least 90 calendar days prior to the action taking place. Management will inform employees of their right to request reassignment or change to a lower grade at least 90 calendar days prior to downsizing occurring. Management will also instruct potentially affected employees on the procedures for requesting expedited reassignment or change to a lower broadband or grade as a Priority Placement Program (PPP) registrant after formal notice is provided to the affected employee.

26. Employees may receive a lateral reassignment to the same or different broadband with the same maximum base pay providing the employee meets OPM qualifications standards and DAWIA requirements for the position, as applicable. A new CP will be completed to ensure the employee understands the new assignment and the contributions and performance that are expected. If the employee does not consent, the employee must be provided written notice of the intent to reassign at least 30 calendar days prior to the effective date. The employee and the supervisor will both sign the intent to reassign and a copy will be given to the employee and a copy retained in the Supervisor’s Employee Brief (AF Form 971).

27. Upon an employee’s placement to a position with no change in series or broadband level the supervisor will document in the Supervisor’s Employee Brief (AF Form 971) the date of the change, the lack of change to series, broadband level, and KSA’s, and employee understanding of the reassignment. A new CP will be completed to ensure the employee understands the new assignment, expected contributions and performance and the plan will be entered into CAS2Net.

Movement to a Lower Broadband Level

28. In the event of a voluntary change to a lower broadband in the same or different career path, the employee’s salary may be set at any point within the broadband level to which appointed, except that the new salary will not exceed the employee’s current salary or the maximum salary of the broadband level to which assigned, whichever is lower. An employee’s written request for a voluntary change to a lower broadband or different career path will include a reason(s) for the request as well as employee and supervisor signatures and dates. All actions shall be documented by use of an official personnel action and be retained in the Supervisor’s Employee Brief (AF Form 971) as well as appropriately filed IAW local procedures. If the employee applies through a USA Job Announcement and is selected, this is considered the written request.

29. An employee may receive a reduction in pay within his/her existing broadband level and career path; be changed to a lower broadband level; and/or be moved to a new position in a different career path due to a contribution based action. An employee may only be involuntarily moved to a lower broadband after the pay pool manager determined that the employee contributions resulted in an inadequate contribution which resulted in a lack of partial or no general pay increase (GPI). Change to a lower broadband is authorized when the base pay results in a salary lower than the minimum of the pre-appraisal broadband.

30. Employees who are involuntarily reduced in pay/changed to a lower broadband due to an adverse action will have their based pay reduced by at least six percent, but will be set no lower than the minimum salary of the broadband level to which assigned. Employees placed into a lower broadband due to adverse action are not entitled to pay retention.

31. Employees who are involuntarily reduced in pay/changed to a lower broadband due to a contribution based action will have their pay reduced at least six percent but will not be set any lower than the salary of the next lower stop and consider point used IAW AFMC business rules and the AcqDemo Operating Guide when considering increases in pay. Change to a lower broadband is only authorized when the decrease in pay results in a salary lower than the minimum of the pre-appraisal broadband. In the event the reduction in pay does not result in a salary lower than the minimum of the pre-appraisal broadband, no change to a lower broadband is authorized.

32. In cases where an involuntary change to a lower broadband occurs that is not a result of adverse or contribution based action (i.e. RIF/Surplus), the employee’s salary will either be their current salary if within the salary range of the new broadband, the maximum salary within the new broadband, or will receive retained pay, whichever is commensurate with the employees current salary. The employee must receive at least 30 calendar day’s written notice prior to an involuntary change to a lower broadband in the same or different career path. The written notice will include a reason(s) for the change, the planned effective date, and associated appeal rights. In addition, the employees and supervisor’s signatures and dates will be documented on the written notice. All actions shall be documented by use of an official personnel action and copies shall be retained in the Supervisor’s Employee Brief (AF Form 971).

Temporary Promotions

33. Employees who are serving in a temporary promotion will have their expected contributions adjusted accordingly, as appropriate, to account for the lack of contributions and performance relating to their primary position as outlined in their CP. Such time away from their primary position for temporary promotion duties will not be viewed as lack of contributions or performance.

Occupation, Series, and Broadband Level Concerns

34. If an employee formally raises a concern pertaining to the occupational series, title, or broadband level of his or her position to the supervisor it must be done in writing. It is the supervisor’s responsibility to inform the employee of the requirement for formal concerns to be in writing. The union will be notified in writing after an employee appeal has been filed within 10 work days. All documentation will be provided to the union pertaining to the appeal upon union request.

CCAS Grievances

35. All employees who are in the bargaining unit may grieve CCAS Overall Contribution Score (OCS), PAQL rating, and/or Contribution Improvement Plans under Article 6 of the MLA. The union may request aggregate data of the CCAS results following the closeout of an appraisal cycle.

Union Representation Duties

36. Union official who perform representation duties 100% of their time are entitled to receive the General Pay Increase (GPI). Employees who perform union representation tasks less than full time will have their expected contributions and performance standards adjusted accordingly to account for time away from the job for union representation duties. Such time away from the job for union representation duties will not be viewed as lack of contributions or performance.

37. 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//
__________________________				__________________________
RANDY SHAW						TUJA STUARD
Chief, Employee & Labor Management Relations		Executive Assistant
HQ AFMC/A1K						AFGE Council 214


  //signed//                                              //signed//
________________________				__________________________
ROBERT GOOD						ANDREW POWELL
Labor Relations Specialist				Executive Assistant
HQ AFMC/A1KL						AFGE Council 

Integrated Suicide Prevention and Integrated Sexual Assault Prevention and Response (SAPR) Annual Training

Date: 
Wed, 01/09/2019
MEMORANDUM OF AGREEMENT (MOA)

ON

Integrated Suicide Prevention and Integrated Sexual Assault Prevention
and Response (SAPR) Annual Training

(Supersedes the MOA dated 17 Feb 17 on Integrated Green Dot Total Force Training)

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

2. The Integrated Suicide Prevention and Integrated SAPR Annual Training encompasses multiple areas of potentially hazardous behaviors within the Air Force, particularly sexual assault and suicide. The way forward involves a blend of both suicide and sexual assault prevention training specific to the concerns of the installation. This MOA implements the mandated requirements for Suicide and Sexual Assault Prevention Annual Training programs subject to the provisions outlined below.

3. To meet the annual training requirements there must be one component of suicide prevention and one component of sexual assault prevention. Training will be conducted separately and independently of all Commander/Director calls or any other training/briefing. New employees at their duty station will be required to complete a 90-minute Initial Bystander Training which will meet both the suicide and sexual assault prevention by-law requirements. For all other employees training components (suicide prevention and sexual assault prevention) will be determined locally and therefore will be negotiated locally. Mandatory training requirements must be completed annually by the end of each calendar year, i.e. calendar year 2019 must be accomplished by 31 December 2019.

4. An employee who, for personal reasons, does not feel comfortable participating in the face-to-face annual training will be responsible for notifying their immediate supervisor of the need to complete the mandatory training through the identified and approved alternate method. The supervisor will direct the employee to view the alternate training materials at their personal work station or a work station with privacy. An individual requesting the alternate training method will not be required to complete the training until the training material has been finalized and made available for use. The Union will be informed when the training material has been finalized and will be allowed to view material prior to employee use. Once the training is complete, the supervisor will report completion to the Unit Training Manager who will update the employee's training record. Supervisors do not have the authority to deny employee access to the alternate training method.

5. Those employees not available to attend the training due to TDY, leave, or any other reason will be provided guidance on make-up sessions and alternate training procedures by their immediate supervisor.

6. 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//						         
_________________________                                                   ________________________________
DAVID L. TAYLOR                                                             TUJA STUARD
Chief, Readiness and Integration Division                                   Executive Assistant
Directorate of Manpower, Personnel and Services                             AFGE Council 214
HQ AFMC/A1R



    //signed//                                                                //signed//

________________________                                                    ________________________________
COLLETTE MYERS                                                              ANDREW POWELL
Human Resources Specialist,                                                 Executive Assistant
Labor Relations                                                             AFGE Council 214
HQ AFMC/A1KL

Updates to Expeditionary Status Coding

Date: 
Thu, 11/15/2018
MEMORANDUM OF AGREEMENT (MOA)

ON

Updates to Expeditionary Status Coding

References:
  A. HQ AFMC/AlKK briefing to the Union 6 Feb 2018
  B. DoDI 3020.42 Defense Continuity Plan Development, dated 27 April 2011
  C. DoD Expeditionary Civilian (DoD-EC) Codes in the Defense Civilian Personnel Database System (DCPDS) Instruction Guide, dated March 2017

1. The American Federation of Government Employees (AFGE) Council 214 and Air Force Materiel Command (AFMC), hereafter referred to as the Union and Management, hereby enter into this Memorandum of Agreement regarding updating continuity plan/expeditionary status coding of the workforce as it applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the parties.

2. The Department of Defense has directed all agencies (reference C) to ensure position designations within DoDI 3020.42 (reference B) are corrected for positions that fall into the category of"mobility", to include: Key, Emergency Essential (E-E), and Mission Essential (M-E).

3. Employees whose position coding is changed will be notified of the change within 30 calendar days of the signing of this MOA.

4. Employee performance, to include establishment of performance elements and feedback sessions, will be in accordance with Article 15 of the MLA.

5. Within 5 workdays of the date of notification to the employee management will ·ensure the process to update the records of employees has. been initiated to reflect the change of continuity plan/expeditionary status coding. This includes addition or removal of the DD2365, any additions to the PD, and any documentation that is to be added to the Supervisor's Employee Brief (AF Form 971).

6. Affected employees who need to make/change personal arrangements (e.g. child/elder care) may request to use available workplace flexibilities (e.g. schedule changes, unscheduled leave, etc.) to assist until permanent arrangements can be made. Management will maximize the use of available workplace flexibilities during the initial 30 days of this change. Additionally, the employee is allowed to make arrangements such that any work which may require the employee be called back to the workplace outside of his/her duty hours can be performed by another qualified person until permanent arrangements can be made. Employees will strive to have permanent arrangements made within 30 calendar days from notification. Normally, arrangements will be in place no later than 90 calendar days from notification.

7. The Union will be provided a list of impacted employees that will include the employee's installation, to/from expeditionary coding change, the employee's series, and the employee's grade within 20 work days of the signing of this MOA. The Union will be notified once all expeditionary coding changes have been completed in DCPDS.

8. 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/date                                         For the Union/date



  //signed// 15 Nov 18                                        //signed// 15 Nov 18
_________________________________                          ______________________________
STEPHANIE PETERANGELO                                      TUJA STUARD
Human Resources Specialist                                 Executive Assistant
HQ AFMC/A1KK                                               AFGE Council 214



  //signed// 15 Nov 18                                       //signed// 15 Nov 18
__________________________________                         ________________________________
BRIAN FRIEDRICH                                            ANDREW POWELL
Labor Relations Specialist                                 Executive Assistant
HQ AFMC/A1KL                                               AFGE Council 214

AFI 11-301, Volume 1, Aircrew Flight Equipment (AFE) Program

Date: 
Mon, 10/22/2018
MEMORANDUM OF AGREEMENT (MOA)
ON
Air Force Instruction (AFI) 11-301, Volume 1,
Aircrew Flight Equipment (AFE) Program
 

Reference: AFI 11-301 VI. Aircrew Flight Equipment (AFE) Program, dated 10 October 2017

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

2. When a waiver is required under paragraph 3.7.2 and there are more qualified employees than needed, AFE "Red-X" waiver period assignments will be rotated among qualified employees based on SCD.

3. AFE training and training records will be accomplished in accordance with Article 18 of the MLA.

4. When changes are made to the local Risk Management programs or techniques specific for each AFECT event that change conditions of employment for BUEs, the local union will be notified in accordance with Article 33 of the MLA.

5. Areas in the AFE shops where employees may not carry personal electronic devices will be identified by a sign or other indicators as appropriate. If guidance with respect to communication devices and distractions under this AFI is developed at the local level, the local union will be notified in accordance with Article 33 of the MLA when the guidance changes conditions of employment.

6. 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//
___________________________________                        __________________________________   
Matthew Domsalla, Col, USAF                                Tuja Stuard
Chief                                                      Executive Assistant
HQ AFMC/A3V                                                AFGE Council 214




   //signed//                                                   //signed//
____________________________________                       __________________________________
Brian Friedrich                                            Andrew Powell
Labor Relations Specialist                                 Executive Assistant
HQ AFMC/A1KL                                               AFGE Council 214

AFI 36-3803, Personnel Accountability in Conjunction with Disasters and National Emergencies

Date: 
Fri, 10/28/2016
MEMORANDUM OF AGREEMENT (MOA)

on

AFI 36-3803 Personnel Accountability in Conjunction with
Natural Disasters and National Emergencies

This MoA replaces the "AFI 10-218 Personnel Accountability in Conjunction with Disasters MoA,,dated 26 June 2007.

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

2. The parties appreciate the importance of accounting for employees after a natural disaster or national emergency and therefore agree to the implementation of AFI 36-3803, subject to the following:

    a. Pre-planning databases may be offered to prepare for evacuations; however employees will be informed that submitting personal information is strictly voluntary. Such a database will contain only pertinent information (e.g. planned evacuation destination and contact information) regarding the employee and persons the employee chooses to identify as family members or co-habitants. When real world circumstances are such that advanced notification of administrative leave is granted, employees will identify their evacuation information as determined by the installation Commander. The information will be kept strictly private. Employees will be given the opportunity to update or delete any volunteered information at any time.

    b. Employees will be notified via standard recall procedures in the event of an evacuation and will be expected to make contact as soon as is practical after reaching their evacuation destination or a suitable place of safety. They can receive up-to-date information concerning the evacuation and return to duty location information by contacting AFPAAS_ via the internet at https://afpaas.af.mil, or by calling the AFPC Personnel Readiness (PRC) cell at J-800-435-9941.

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


FOR MANAGEMENT                                        FOR THE UNION



//s//                                                 //s//
_______________________                              ____________________
Brian Hayes                                          Troy Tingey
Chief, Personnel Readiness                           President
HQ AFMC/A1RR                                         AFGE Council 214




//s//                                                //s//
_________________________                            ________________________
Robert Good                                          Andrew Powell
Labor Relations                                      Executive Assistant
HQ AFMC/A1KL                                         AFGE Council 214

AFI 36-817 - Civilian Phased Retirement Program

Date: 
Thu, 09/13/2018
MEMORANDUM OF AGREEMENT (MOA)
On
AFI 36-817
Civilian Phased Retirement Program

1. The American Federation of Government Employees (AFGE) Council214 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 the Civilian Phased Retirement Program as it applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the Parties.

2. Civilian phased retirement is being implemented within AFMC in support of the Department of Defense (DoD) commitment to the workforce efficiency, emergency preparedness, and quality of life. Additionally, AFI 36-817 establishes a process under which an Air Force employee may apply for Phased Retirement.

3. Employees will contact their immediate supervisor for an initial discussion regarding position eligibility and the employee's ability to participate in Phased Retirement before formally applying for the Civilian Phased Retirement Program. If after the initial discussion, the supervisor is agreeable to the Phased Retirement of the employee, the supervisor will notify the employee that he/she may proceed with his/her formal application for Phased Retirement. Upon request, Management will inform the employee of where additional information (to include Forms for Phased Retirement) may be found or provide the contact information for the Benefits and Entitlements Service Team.

4. An employee may request to meet with his/her supervisor to collaboratively develop a mentoring plan that includes the mentee(s) to be mentored, mentee objectives, activities for achieving objectives, and other necessary details. Employees who desire to enter phased retirement are responsible for capturing/documenting the mentoring plan in writing. If changes are needed to a mentoring plan, management will discuss the necessary changes with the employee prior to the mentoring plan becoming effective.. Duty time for discussing and writing mentoring plans will be requested and scheduled with an employee's supervisor.

5. Performance standards for an employee participating in the Civilian Phased Retirement Program will reflect the employee's assigned duties. Management will ensure that "Mentoring" is a critical element to the approved phased retiree's performance standards.

6. A phased retiree is considered a part-time employee, has the same conduct requirements as in regular employment, and retains the same due process rights in accordance with applicable laws, rules, regulations, and negotiated agreements.

7. Upon timely request for extension by employees through their supervisor, management will approve/disapprove all requests for extension at least 14 calendar days prior to the date of expiration of the phased retirement agreement.

8. 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/Date	                                         For the Union/Date

  //s//                                                             //s//
 
CANDY LOHNER                                                     TUJA STUARD
Employee Relations Specialist                                    Executive Assistant 
HQ AFMC/AlKL                                                     AFGE Council 214              



   //s//                                                           //s// 

BRIAN FRIEDRICH                                                  ANDREW N. POWELL
Labor Relations Specialist                                       Executive Assistant
HQ AFMC/AlKL                                                     AFGE Council 214
 
 

AFI 36-815, Absence and Leave, dated 21 Dec 06

Date: 
Thu, 05/03/2007
MEMORANDUM OF AGREEMENT (MOA)
CONCERNING
Air Force Instruction (AFI) 36-815,
Absence and Leave, dated 21 December 2006

 

(Supersedes AFI 36-815 MOA dated 7 November 2003)

 

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

2. When any provision of AFI 36-815 conflicts with the MLA, the MLA shall take precedence. In all cases, the policies, procedures and practices applicable to AFI 36-815 shall be consistent with those procedures contained in Article 23 and 24 of the MLA. The following are examples:

  a. AFI paragraph 1.2.4.5 - The MLA does not require employees to provide contact information or a way to be reached while on approved annual leave.

  b. AFI paragraph 2.3.1 - The requirement for annual leave scheduling remains in effect (MLA Section 23.02 and 23.03).

  c. AFI paragraph 2.5.4- Employees shall not be forced to take annual leave in the event of a facility shutdown (MLA Section 23.09).

  d. AFI paragraph 3.5.3 - Prior to being placed in "leave abuser" status, an employee must first be formally counseled and, if abuse continues, will subsequently be provided a formal notice ofleave abuse restrictions (MLA Section 24.03).

  e. Upon an employee's request, a supervisor's denial of a request for unscheduled leave shall be returned to the employee within one work day after receipt of the request (MLA Section 23.06).

3. The parties agree to the following modifications and/or incorporations of previous referenced MOA:

  a. AFI paragraph 2.10.2.5 - The originating supervisor shall ensure that the approval or denial of the determination of the exigency is provided to the impacted employee and shall render assistance in preparing the individual requests for restoration of leave.

  b. AFI paragraph 2.10.6.2 - Changes to local guidelines for the use of restored leave will be provided to the local union, and an opportunity to bargain the guidelines, procedures and impacts on bargaining unit members will be given.

  c. AFI paragraph 7.6, 7.6.3, 8.2, and 8.10.1 - The terms "essential operations, " and "mission essential duties, " are defined as those operations and/or duties, which must be performed in order to prevent critical impairment of the organizations' mission or resources. These comprise, but are not limited to:

      1. Command and control of organizational assets.

      2. Receipt, assessment and analysis, processing, display and dissemination of information necessary to perform critical missions and support decision-making.

      3. Other operations that must be performed to achieve mission success.

  d. AFI paragraph 8.5 -The excusal of bargaining unit employees for purposes of donating blood, will be negotiated by the parties at the local level, unless agreements are already in place.

  e. AFI paragraph 8.8 - Medical officer certification as to the necessity for an absence is not required for members of the AFGE Council 214 bargaining unit.

  f. The law(s) cited in AFI 36-815, paragraphs 1.1, 1.2.1.1, 1.2.3.2, 1.3.2, 2.4, and 4.2 is 5 U.S.C. Chapter 63.

  g. Unless otherwise defined by law or specific regulatory provisions, the meaning of the work "emergency " as contained in AFI 36-815 is defined as "an unforeseen event."

4. All remedies available under the MLA or 5 U.S.C., Chapter 71, are available to the Parties if either Party believes the other has failed to comply with any of the requirements of this MOA.

 

        
 //signed//3 May 07                             //signed//3 May 07
_______________________________________         ______________________________________
FOR MANAGEMENT AFMC/A1ZL                        FOR THE UNION (Tom Robinson) AFGE C214

        //signed//3 May 07
_______________________________________
FOR MANAGEMENT (AFMC/A1ZL)

AFTCI 99-110, Test Control Personnel Training and Evaluation

Date: 
Tue, 06/05/2018
MEMORANDUM OF AGREEMENT (MOA)

ON

AFTCI 99-110, Test Control Personnel Training
and Evaluation

REFERENCES:
   A. 96 OG OI 99-5
   B. AFFTC OI 99-8
   C. Edwards AFBI 99-108

1. The American Federation of Government Employees (AFGE) Council 214 and Air Force Materiel Command (AFMC), hereafter referred to as the Union and Management, hereby enter into this Memorandum of Agreement regarding AFTCI 99-110, Test Control Personnel Training and Evaluation as it applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the parties.

2. The purpose of this memorandum on AFTCI 99-110 is to standardize training and evaluation across the test center’s instructions in references A, B and C.

3. The unit Commander/Director will solicit for volunteers for evaluator instructors. The employees who volunteer to be evaluator instructors will be appointed by selecting the most senior skilled, qualified, available volunteer.

4. The unit Commander/Director should accept the training and/or qualifications from other organizations, for like duties, when the personnel will be performing test essential roles. If the commander rejects the training and/or qualifications, written justification must be provided to the employee.

5. Within 90 days of implementation of AFTCI 99-110, Unit Commanders/Directors will draft a qualification and certification memorandum. This memorandum will include a list of personnel currently assigned or attached to the unit who are qualified to perform the test control duties according to the qualifications and certifications.

6. Instructor/Evaluator Training is reserved for highly experienced TEPs. Definition of what constitutes highly experienced TEP’s will be included in local OI’s.

7. If an employee receives a quality level of Q3, the employee can request, to reattempt the evaluation within one calendar week.

8. After the first failure and receipt of a Q3 evaluation by the employee, management will provide additional training to the employee prior to the recheck. The number of recheck attempts authorized will be included in local test organization supplements and are subject to local bargaining.

9. Units may develop currency requirements for mission specialized certifications where appropriate. If Test Organization Supplements are implemented and a bargaining obligation exist, the supplements may be bargained locally. Unit developed TEP currency events and intervals for which TEP in their respective positions need to maintain to stay current and/or qualified will be in accordance with Table 6.1.

10. All testing and evaluations will be accomplished on duty time.

11. 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/date				For the Union/date


//signed// 5 Jun 18                             //signed// 5 Jun 18
_______________________				_______________________
JANICE STOLIKER					TUJA STUARD
Division Chief, Engineering Resources		Executive Assistant 
AFTC/ENR					AFGE Council 214


//signed// 5 Jun 18                             //signed// 5 Jun 18  
_______________________				_______________________
ROBERT GOOD					ANDREW POWELL
Labor Relations Specialist			Executive Assistant
HQ AFMC/A1KL					AFGE Council 214   

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