Date: 
Fri, 01/13/2017
 
MEMORANDUM OF AGREEMENT (MOA)
ON
Air Force Instruction (AFI) 36-801, Uniforms for Civilian Employees, dated 17 March 2014
AND
Air Reserve Technician (ART) Military Uniform Requirements


1. The American Federation of Government Employees (AFGE) Council 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 (MOA) regarding subject instruction and military uniform requirements for Air Reserve Technician (ART) bargaining unit employees (BUEs) covered by the Master Labor Agreement (MLA) between the parties.

2. AFI 36-801 provides guidance on the wearing of civilian uniforms for select positions where a uniform is appropriate. The current revision eliminates detailed guidance for security forces, fire fighters, and other specialized functions covered in previous edition, dated 29 April 1994. Specialized uniform requirements not addressed in the current AFI shall be governed by functionally dedicated instructions, as implemented when bargaining obligations have been met. The Parties agree that Air Force civilians are not normally required to wear uniforms. However, it is understood that, for some positions, uniforms may be required for the purpose of safety, the need to readily identify an employee with the work environment, and other reasons. This MOA implements AFI 36-801, including the ART military uniform requirement, subject to provisions herein contained.

3. Locally generated uniform requirements are subject to local negotiation. Current local agreements remain in effect, but may not conflict with this MOA. This MOA will take precedent over any local agreements that conflict with this agreement.

4. Employees are expected to comply with Local and Command negotiated dress and grooming standards based on comfort, productivity, health, safety, and type of position occupied. Due to the diversity of work functions and locations, appropriate dress standards may vary significantly. Employee attire should be in good repair, and should not be considered offensive, disruptive, or unsafe.

5. For jobs where a non-military uniform is required, the employee shall receive the maximum uniform allowance authorized under DoDI 1400.25, or the cost of uniform, whichever is less.

6. Employees who receive an annual uniform allowance, but leave the job before completing the full year, will be required to return a portion of that allowance no greater than the amount already spent on uniforms.

7. ARTs -- The parties recognize that imposition of a uniform is considered a “permissive subject” under the Labor Statute and, thus, bargainable at the election of management. Management elects not to bargain the substance of the new policy, but agrees to the following provisions, which apply exclusively to ARTs:

a. Employees are expected to be in uniform while on duty. Employees may change into/out of uniforms before or after their shift.
b. Representatives of AFGE C214 will not be required to wear the military uniform when performing representational duties on official time or participating in third party proceedings. Such representatives will be authorized a reasonable amount of duty time to change into and out of uniform when performing representational duties.
c. Employees are free to use existing facilities on a daily basis within their work areas to change into and out of their uniforms. Employees may also use existing private storage space on a daily basis within their areas for storing their clothing and/or uniforms.
d. The uniform will be worn in accordance with AFI 36-2903. Air Reserve Technicians may wear DoD Identification Cards, the Common Access Card (CAC) in accordance with AFI-36-3026. The CAC is worn on the front of a body, displayed above the waist and below the neck in accordance with DoD 5200.1 and service specific instructions. The union can supply bargaining unit employees with a lanyard consistent with AFI 36-2903. The Union may imprint AFGE on the lanyard.
e. Consistent with Title 10, Section 802, the Uniform Code of Military Justice will generally apply only to Reservists in active duty or military training. Wearing of the military uniform does not subject ARTs in civilian status to the UCMJ.
f. ARTs are "dual status" employees. They hold full-time DoD civilian jobs on the condition they maintain membership in the Air Force Reserves. When working their civilian jobs, they are subject to Title 5 of the United States Code. When performing Reserve duties, they are subject to Title 10.
g. The requirement to wear the uniform does not apply when the employee is in non-duty status.
h. To avoid being targeted, employees may choose not to wear the uniform to and from work.
i. Civilian employees are responsible for cleaning or laundering their uniforms at their own expense. All civilian employees are expected to present themselves for duty, properly attired and groomed for the requirements of their position.
j. Employees will be provided all needed uniform emblems and patches at no cost in accordance with AFI 36-2903.
k. The Employer will issue uniforms and items consistent with requirements in AFI 36-2903, to include in-kind replacement.
l. ARTs will continue to be subject to civilian rules and requirements while in a civilian status. ARTs in civilian status must comply with military standards encompassed by AFI 36-703, Civilian Conduct and Responsibility and applicable regulations included therein. Failure to comply will be subject to discipline in accordance with AFI 36-704, Discipline and Adverse Actions. Disciplinary action is grievable in accordance with Article 6 of the negotiated grievance procedure.

8. 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. No rights of the employees, the Union or Management are waived by this MOA.


FOR MANAGEMENT                                         FOR THE UNION 



    //signed//                                             //signed//
____________________________                          _____________________________
RANDY SHAW                                            TROY TINGEY
Chief, Employee Labor Relations                       President 
HQ AFMC/A1KL                                          AFGE Council 214


   //signed//                                                //signed//
____________________________                           ________________________ 
BOB GOOD                                               ANDREW POWELL 
Labor Relations Specialist                             Executive Assistant
HQ AFMC/A1KL                                           AFGE Council 214

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