Domestic Violence Misdemeanor Amendment to the Gun Control Act (Lautenberg Amendment)

MEMORANDUM OF AGREEMENT (MOA)
Concerning
Air Force Policy for Implementation of Domestic Violence Misdemeanor Amendment
To the Gun Control Act (Lautenberg Amendment)

The American Federation of Government Employees (AFGE) Council 214 hereafter referred to as the Union and the Air Force Materiel Command (AFMC) hereafter referred to as Management enter into this MOA regarding the above matters as they apply to bargaining unit members covered by the Master Labor Agreement (MLA). Management and the Union agree to the following provisions concerning the Council 214 bargaining unit as they pertain to the Air Force Policy for Implementation of the domestic Violence Misdemeanor Amendment to the Gun Control Act.

1. To ensure bargaining unit employees understand the Air Force policy, management will provide a briefing to affected employees during duty hours. The briefing will provide an overview of the policy and explain the employees' responsibilities regarding this policy.

2. Upon management becoming aware of a qualifying domestic violence conviction or reasonable cause to believe there is such a conviction, notice will be given to the bargaining unit employee that, a) he or she encumbers a covered position; b) the Air Force policy is applicable to him/her; and c) he/she is responsible for completion of DD Form 2760, Qualification to Possess Firearms or Ammunition. Said notices will advise affected employees of their opportunity to consult with an attorney or union representative concerning their responsibilities under this policy. Notices wi11 further advise employees of the name and telephone number of the local union office.

3. Employees will be afforded a reasonable amount of time during duty hours to consult with a union representative. The employee will have a reasonable period of time not to exceed 120 calendar days from the date of said notice to obtain an expungement or pardon of the qualifying conviction, before Management will issue final notice of decision to remove the employee from the encumbered covered position.

4. Employees encumbering a covered position, who are required to complete DD Form 2760, Qualification to Possess Firearms or Ammunition, will be provided an extra copy of the form, upon request.

5. Upon request of the local union president, management will provide a list of impacted positions as the positions are identified. The list will include the incumbent's name, office symbol and pay plan, series and grade.

6. During the 120 day period by which to obtain an expungement or pardon of the qualifying conviction, affected employees will be afforded a reasonable amount of duty time to self-nominate for consideration for other positions, including career program covered positions listed at their current installation or at other installations that have advertised an expanded area of consideration in the vacancy announcement. Self-nominations must be accomplished by the closing date of the announcement.

7. The DD Form 2760, Qualification to Possess Firearms or Ammunition, will be retained in the official personnel file (OPF).

6. 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.