MEMORANDUM OF AGREEMENT

ON

Firefighter Trade of Time

References:
(a) Office of Personnel Management (OPM) memorandum CPM 2022-21 of 14 December 2022
(b) National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81, December 27, 2021, 5 USC 55 V5542(h)

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 (MOA) regarding the implementation of Firefighter Trade of Time.

2. Trade of time is authorized in accordance with Reference (a). Pursuant to Congressional intent and the requirements of Reference (b).

3. Purpose. This agreement is instituted in accordance with the requirements of reference (a) and (b). Trade of time is intended to serve as an additional scheduling flexibility for employees to improve workplace satisfaction and quality of life. The end goal for both the Union and Management is to provide maximum flexibility for employees within the constraints of mission requirements and maintaining minimum safe staffing.

4. Procedure. Employees are permitted to exchange duty time for durations between one (1) hour and forty-eight (48) hours in length. Employees requesting to exchange time will normally submit a request to their Station Chief (as long as non-BUE), Battalion Chief, Assistant Chief or higher at least 48 hours prior to the exchange. The Employer acknowledges that unforeseen circumstances may arise which may prevent the requesting employee(s) from submitting a trade request 48 hours or more prior to the exchange. These requests will be considered by the Employer on a case-by-case basis in accordance with guidelines set forth in reference (a) and (b).

A. Approved trade of time arrangements may be cancelled prior to any work substitution only with the consent of both parties to the agreement. Previously approved trade of time arrangements may not be amended/modified without the consent of both parties to the agreement, and Management.

B. Regarding paragraph E 1. of Reference (a), if for any reason an employee fails to work during the agreed upon substitution period, that employee will have not more than thirty (30) calendar days to inform management of when he/she will work to repay the debt of hours to the Agency. If the employee fails to provide management with this information within 30 calendar days, the employer may mandate when the debt of hours will be repaid or allow the employee to repay the debt with 24 hours of annual leave. Debt repayment hours may be scheduled during the substituting firefighter’s normal break days off (Kelly-days), but will normally not be mandated when annual leave has already been approved.

C. Employees will not be permitted to re-trade hours that they have already traded. It is understood that trade time will not be used too regularly after an employee’s permanent work shift assignment/schedule.

5. Written Trade of Time Agreement. Appendix A is the Trade of Time Request/Agreement utilized to request and approve trade of time and comply with the record keeping requirements of Reference (a).

6. The parties agree to all of the aforementioned terms and agree to adhere to the specific terms contained in reference (a), specifically:

A. General Information

1. Section 1110 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81, December 27, 2021) added a new subsection (h) in section 5542 of subchapter V of chapter 55 of title 5, United States Code. Section 5542(h) authorizes covered Federal firefighters (those eligible under section 5542(h)(2)(A)) to exchange scheduled hours of work ("trading time"). In general, hours worked by a substituting firefighter are deemed to be worked by the excused firefighter. In this policy document, the following definitions apply: Qualified trade-of-time arrangement means an agency-approved arrangement under which two firefighters voluntarily substitute for one another (switch work assignments) during scheduled work hours, subject to the conditions described in this policy document. Substituting firefighter means the firefighter who is working in place of another firefighter during a designated period of time under a qualified trade-of-time arrangement. Excused firefighter means the firefighter who is excused from working during a designated period of time because another firefighter is scheduled to work in the firefighter's place under a qualified trade-of-time arrangement.

2. Section 1110-and thus the new section 5542(h)-took effect on the date of enactment, December 27, 2021.

3. Section 5542(h) authorizes the Director of the Office of Personnel Management (OPM) to adopt necessary policies governing the treatment of both the substituting and the excused firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation.

4. Eligible firefighters may trade time during scheduled work hours, subject to the conditions and requirements set forth in this policy document and in any applicable supplemental agency policies (including policies established via collective bargaining).

B. Eligible Firefighters

1. Under 5 U.S.C. 5542(h), a firefighter is eligible to trade time with another eligible firefighter if both have work schedules including 24-hour duty shifts and satisfy the other requirements under the definition of "firefighter" in 5 U.S.C. 5542(h)(2)(A). That definition covers an "employee" (as defined in 5 U.S.C. 5541) who is covered by the title 5 premium pay subchapter and who is one of the following:

a. A firefighter, as defined in 5 U.S.C. 8331(21) or 8401(14);

b. An employee covered by the Civil Service Retirement System (CSRS, 5 U.S.C. chapter 83, subchapter III) who holds a supervisory or administrative position, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), but who would qualify if the employee had transferred directly to such position after serving as a firefighter under section 8331(21);

c. An employee covered by the Federal Employees' Retirement System (FERS, 5 U.S.C. chapter 84) who holds a supervisory or administrative position, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), but who would qualify if the employee had transferred directly to such position after performing duties described in section 8401(14)(A) for at least 3 years; or

d. An employee who is not covered by CSRS or FERS but holds a position OPM determines would fall under paragraphs a, b, or c if the employee were subject to CSRS or FERS.

2. In addition to satisfying the requirements in B.1, both firefighters involved in a trade-of­ time arrangement must be subject to the supervision of the same fire chief and must be capable of performing the core duties that could be required during traded hours (5 U.S.C. 5542(h)(2)(B)). If one firefighter who would be covered by an arrangement is at a lower grade, qualification, or certification level than the other firefighter under that arrangement, the fire chief (or authorized designee) may withhold approval if the affected unit as a whole would not have the necessary skills among those assigned to an affected shift to effectively accomplish its mission.

C. General Principles

1. A qualified trade-of-time arrangement is an arrangement between two eligible firefighters, both of whom must voluntarily agree to the arrangement. The arrangement must also be approved by an authorized agency official – Station Chief, Battalion Chief, Assistant Chief, Deputy Chief, or Fire Chief.

2. The purpose of a trade-of-time arrangement is to trade hours of work. Thus, each firefighter who is a party to the arrangement must be planning on working during the hours the firefighter is assigned to substitute for the other. In the event of an unplanned absence during a scheduled substitution, the rules in section E apply.

3. For the purpose of determining credit for hours and associated pay, an hour of work performed by a substituting firefighter must be deemed to be worked by the excused firefighter (not the substituting firefighter), except for the purposes specified in this policy document. (In particular, see section F.)

4. This policy document must be read in conjunction with any applicable agency policies, including policies in collective bargaining agreements.

D. Elements of a Qualified Trade of Time Agreement

1. Eligible firefighters. Both firefighters involved must satisfy the eligibility requirements described in section B above.

2. Tradeable Hours. Firefighters may trade only hours within the firefighter's regular tour of duty established for leave-charging purposes.

3. Full shifts/partial shifts. Firefighters may agree to substitute either entire shifts or a portion of a shift, subject to requirements/conditions in agency policies (including policies in collective bargaining agreements) and approval by an authorized agency official (see Para C.1. above) .

4. Conditions for approval. A proposed trade-of-time arrangement may not be approved if:

a. a proposed substitution would occur more than one (1) year after the date of the approval of the qualified trade-of-time arrangement;

b. either of the involved firefighters owes a debt of hours to the Agency, as described in section E;

c. either of the firefighters does not meet a requirement or eligibility condition established under agency policies (including policies established via collective bargaining)-for example, a requirement that an arrangement not result in a firefighter being on duty for consecutive hours in excess of an established limit (including duty hours as a substituting firefighter and excluding hours as an excused firefighter), a condition that the employee has served as a firefighter for at least 90 days, or a condition that the firefighter has a fully successful performance rating; or

d. the arrangement involves the trading of hours for which pay is computed using a different methodology (e.g., a firefighter with a 56 or 60 hr regular tour of duty has 40 basic workweek hours computed using a GS hourly rate based on a 2,087-hour divisor and 16-20 overnight overtime hours computed using a 2,756-hour divisor; two firefighters with a 40+16 tour could (1) trade basic workweek hours, (2) trade overnight overtime hours, or (3) trade an entire 24-hour (8+16) shift that has the same mix of basic and overtime hours). In other words, shift firefighters may not trade time with non-shift firefighters.

5. Agreement elements. Each party to a trade-of-time arrangement must sign a written agreement (developed locally in cooperation between Management and Union leaders) between the parties that includes the following:

a. The periods of time when one firefighter will substitute for another (including the specific dates and hours);

b. Written signatures (including electronic signatures meeting standards established by the agency) of the two firefighters and the approving official;

c. Acknowledgement that credit for hours and associated pay for an excused firefighter will be determined as if the excused firefighter performed the work actually performed by the substituting firefighter; likewise, a substituting firefighter will not receive credit for hours and associated pay based on periods of substitution (but will be eligible for workers' compensation benefits as provided in section F.4);

d. Acknowledgement of any agency policies (including policies established via collective bargaining) under which a previously approved arrangement may be canceled before any substitution occurs;

e. Acknowledgement of the policies governing uncompleted qualified trade-of-time arrangements (including an arrangement terminated by the agency, as described in paragraph 7), including the possibility of a substituting firefighter being considered absent without leave (AWOL) for an unauthorized absence during a scheduled substitution and the possibility of owing a debt of hours to the agency for an uncompleted trade, which may be converted to a monetary debt at separation; and loss of participation in the Firefighter Trade Time Program for six (6) months.

f. Attestation that the substituting firefighter intends to perform work to complete the firefighter's trade obligation and that the parties will not exchange cash, goods, services (other than traded hours), or anything else of value in connection with traded time-with the exception of anything of such little value that it could not reasonably be found to be an inducement for the trade.

6. Approval. Any requested trade must be approved by an authorized agency official (see Para C.1. above) (e.g., the fire chief with supervisory responsibility for both firefighters). Agencies may require advance notice of any proposed trades to allow time to review the proposal and address any concerns prior to determining whether to approve the arrangement. Previously approved trades may be amended with the agreement of the firefighters involved and an authorized agency official.

7. Cancellation or Prospective Termination.

a. An authorized agency official may cancel (i.e., withdraw approval) a qualified trade-of-time arrangement under which substitution has not yet occurred, if a party to the arrangement is no longer an eligible firefighter or as otherwise allowed or required under agency policies (including policies established via collective bargaining). (See parallel rule regarding agency policies related to approval of an arrangement in section D.4.e.)

b. An authorized agency official may prospectively terminate a partially completed qualified trade-of-time arrangement when one of the firefighters under the arrangement is not available to fulfill the work commitment made by that firefighter. For example, one firefighter may separate from Federal service, have a long-term absence (non-duty status), transfer to a different agency, move to a position in which the employee is no longer an eligible firefighter, or move to a firefighter position in a different fire department. If, at the time of termination, a firefighter under the arrangement has completed the firefighter's obligation to serve as a substituting firefighter but has not been credited with hours of work as an excused firefighter as scheduled under the arrangement, such firefighter will be excused as scheduled, and the other firefighter will owe a debt of hours, which will be disposed of in accordance with section E. In other words, the arrangement is converted to an arrangement between each firefighter and the agency.

E. Uncompleted Trades

1. If a substituting firefighter fails to work during the agreed-upon substitution period, the excused firefighter will be entitled to credit for hours and pay as if the substitution had been made. The substituting firefighter will become indebted to the agency and will be required to later perform work outside the firefighter's tour of duty to satisfy the debt of hours---as assigned by an authorized agency official. Those debt-repayment hours are not credited as hours of work in determining the firefighter's pay entitlements in the pay period in which they are performed. (However, a firefighter may be found to be AWOL to report to duty during scheduled debt-repayment hours and will have workers' compensation protection during debt-repayment hours worked, consistent with the treatment of substituted hours described in section F.3 and F.4.)

2. As provided in section D.4.c, a firefighter with a debt of hours as described in paragraph 1 may not enter into a new trade-of-time arrangement until the debt is eliminated.

3. As provided in section F.3, a substituting firefighter whose absence during a scheduled period of substitution is unauthorized will be considered to be AWOL and will be subject to appropriate discipline.

4. If a firefighter owes a debt of hours when separating from Federal service, when transferring to a different agency, or when moving to a position in the same agency in which the employee is no longer an eligible firefighter, the debt of hours must be recovered to the extent possible. Any remaining amount of the hours debt must be converted to a monetary debt owed to the agency. The amount of the monetary debt will be determined based on the firefighter's pay entitlements at the time of separation. Any remaining monetary debt is subject to the standard provisions that govern Federal debt collection, such as the Federal Claims Collection Standards (31 U.S.C. 3711 and 31 CFR parts 900-904), salary offset procedures (5 U.S.C. 5514 and 5 CFR part 550, subpart K), and compensation overpayment waiver provisions (5 U.S.C. 5584).

F. Treatment of Hours for Pay and Other Purposes

1. General. Except as specifically provided in this policy document, credit for hours and associated pay for an excused firefighter must be determined as if the excused firefighter performed the work actually performed by the substituting firefighter; likewise, a substituting firefighter may not receive credit for hours and associated pay based on periods of substitution. For example, any hours worked by a substituting firefighter under a qualified trade-of-time arrangement must be disregarded when determining that firefighter's eligibility for overtime pay or calculating the amount of such pay under the provisions of the Fair Labor Standards Act and title 5. (See 5 U.S.C. 5542(h)(l)(A).) Instead, the excused firefighter must be credited with hours worked by the substituting firefighter in determining the excused firefighter's overtime pay entitlements.

2. Service credit. Hours worked by a substituting firefighter under a qualified trade-of-time arrangement will be included in creditable service for leave accrual, retirement, and other purposes for the excused firefighter, not the substituting one.

3. Absent without leave. A substituting firefighter who, without authorization, fails to report to duty when scheduled to substitute for another firefighter under a qualified trade-of time arrangement will be considered to be AWOL and subject to appropriate discipline-unless the agency decides to retroactively approve the absence after reviewing the circumstances. Also, a firefighter who owes a debt of hours and, without authorization, fails to report to duty when scheduled to perform work to satisfy that debt will be considered to be AWOL and subject to appropriate discipline-unless the agency decides to retroactively approve the absence after reviewing the circumstances.

4. Workers' compensation. The fact that a firefighter was injured while substituting for another firefighter under a qualified trade-of-time arrangement has no bearing on the substituting firefighter's possible entitlement to workers' compensation benefits. A substituting firefighter is considered to be in the performance of duty during a period of substitution for workers' compensation purposes, except that any payments (e.g., continuation of pay) for the remainder of the affected biweekly pay period must be based on pay to which the substituting firefighter is entitled, without regard to pay for hours worked on behalf of an excused firefighter. The excused firefighter is not considered to be in the performance of duty during the period where a substituting firefighter is working on their behalf. If an employee had been scheduled (before the work injury) to work as a substituting firefighter during a future period when the firefighter is receiving continuation of pay or wage-loss compensation, the employee's leave status will be considered to satisfy the firefighter's work hours obligation, but only if the other firefighter under the affected qualified trade-of-time arrangement had already completed his/her part of the trade. If neither firefighter had completed their respective parts of the trade prior to the work injury leading to workers' compensation benefits, the trade-of­ time arrangement will be automatically cancelled.

G. Local Installation Responsibilities (which will require local bargaining obligations)

1. Each local installation is responsible for establishing through proper procedures (including collective bargaining, as applicable) any necessary agency policies to supplement this OPM policy document.

2. Local installations should provide eligible firefighters who are unable to utilize a trade-of-time arrangement with information regarding alternative flexibilities such as compensatory time off.

3. Local installations must keep records of a qualified trade-of-time arrangement (including uncompleted arrangements) for 4 years after the last substituted work performed under the arrangement.

4. Local installations must keep current records that show pending-completion qualified trade-of­ time arrangements for each firefighter, including the current balance of hours committed (but not yet executed) for substitution, as required to apply the rule in section D.4.a. Keep records of trade time in accordance with your local records management plan.

5. Local installations must manage any debts of hours resulting from an uncompleted qualified trade-of-time arrangement as prescribed in section E.

H. Legislation

Section 1110 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 11781, December 27, 2021) added a new subsection 5542(h) in subchapter V of chapter 55 of Title 5, United States Code.§ SS42(h)

(h)(l )(A) Notwithstanding any other provision of this section or section 5545b, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section, including overtime pay under the Fair Labor Standards Act in accordance with subsection (c).

(B) The Director of the Office of Personnel Management-

(i) identify the situations in which a firefighter shall be deemed to have worked hours actually worked by a substituting firefighter under a qualified trade-of-time arrangement; and

(ii) may adopt necessary policies governing the treatment of both a substituting and substituted firefighter under a qualified trade-of-time arrangement, without regard to how those firefighters would otherwise be treated under other provisions of law or regulation.

(2) In this subsection-

(A) the term "firefighter" means an employee-

(i) the work schedule of whom includes 24-hour duty shifts; and

(ii) who-

(1) is a firefighter, as defined in section 8331(21) or 8401(14);

(II) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would so qualify if such employee had transferred directly to such position after serving as a firefighter within the meaning of such section;

(III) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(14)(A) and (B) for at least 3 years; and

(IV) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that OPM determines would satisfy subclause (I), (II), or (III) if the employee were subject to subchapter III of chapter 83 or chapter 84; and

(B) the term "qualified trade-of-time arrangement" means an arrangement under which 2 firefighters who are subject to the supervision of the same fire chief agree, solely at their option and with the approval of the employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity.

7. All remedies available under the MLA or 5 USC 71 will remain available to the parties if concerns cannot be cooperatively resolved.

      
MANAGEMENT						        UNION


//signed//					                //signed//		 
_____________________________	                                __________________________
COBEN SCOTT							TROY TINGEY
Fire & Emergency Services					President
AFIMSC Det 6/PSX						AFGE Council 214


//signed//	                                                //signed//				 
______________________				                _______________________
COLLETTE MYERS						        TUJA STUARD
Labor Relations Specialist					Executive Assistant
HQ AFMC/A1KL						        AFGE Council 214

MEMORANDUM OF AGREEMENT (MOA)

on

Government Shutdown Furlough Procedures - 16 January 2024
(Replaces 6 Feb 18 Government Shutdown/Emergency Furlough Procedure Version)

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 to address the impacts of a potential shutdown/ emergency furlough of the Federal Government due to a lack of operating funds. It applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the parties.

2. The purpose of this collective bargaining agreement is to implement steps and actions which will minimize any adverse effects on bargaining unit employees in the event of a shutdown/emergency furlough. Accordingly, the parties herein have agreed to cooperate to the maximum extent feasible in adapting agency actions and reducing the impact of a government shutdown.

3. A furlough is the placing of an employee in a temporary non-duty, non-pay status because of lack of work or funds, or other non-disciplinary reasons. For most employees, a shutdown furlough lasting 30 calendar days or less are covered by OPM regulations under 5 CFR 752, adverse action procedures. A shutdown furlough of more than 30 calendar days is also covered under 5 CFR 752. RIF furlough regulations are not applicable to emergency shutdown furloughs, because the ultimate duration of an emergency shutdown furlough is unknown at the outset and is dependent entirely on Congressional action, rather than agency action.

4. “Exempt” employees are not affected by a lapse in appropriations; therefore, are exempt from a shutdown furlough. This normally includes employees who are not funded by annually appropriated funds. “Excepted” is the term used in the context of a shutdown furlough, and refers to employees who are funded through annual appropriations, but are excepted from the furlough because they are performing work that, by law, may continue to be performed during a lapse in appropriations. Excepted employees include employees who are performing emergency work involving the safety of human life or the protection of property, or certain other types of excepted work. Civilian personnel who are funded through annual appropriations, but are not designated as excepted are barred from working during shutdown except to perform minimal activities as necessary to execute an orderly suspension of agency operations related to non-excepted activities. Only the minimum number of civilian employees necessary to carry out excepted activities will be “excepted” and will not be furloughed. Positions that provide direct support to excepted positions may also be deemed excepted if they are critical to performing the excepted activity. Determinations regarding status of excepted or non-excepted will be made on a position by position basis.

5. Management agrees to notify the Union of an impending furlough as soon as management is informed. This notification will identify the organizations and approximate number of employees who are exempt, excepted, and non-excepted across AFMC.

6. In advance of a shutdown, Management will notify employees whether they are excepted or non-excepted employees. Where a limited number of available employees perform the same job and have the requisite skills for carrying out excepted activities, Management will select the most senior volunteer(s) based on leave service computation date to work during furlough. If number of volunteers is not sufficient, management will select the least senior non-volunteer(s) with the requisite skills to work during furlough.

7. Employees on furlough will be advised that they are not permitted to work or volunteer to work in accordance with OPM guidelines.

8. Management will adhere to OPM guidelines when “orderly shutdown” activities are needed for the agency’s implementation of its contingency plan (e.g., turning in equipment if required).

9. Management will issue furlough notices to non-excepted employees. Notices will be delivered during the next scheduled work day after Management is informed of the furlough/shutdown. Notices may be issued electronically to employees where possible; or any other delivery method deemed appropriate to ensure receipt. Notices will indicate the actions and steps taken to lessen the impact of the furlough on employees.

10. Furloughed employees will be notified of when to return to work. The expectation is that employees will return to work for their regularly scheduled hours/shift as soon as possible, but not later than 12 hours after notification or the government shutdown officially concludes. Notification may be by telephone call, email, voice mail and/or text. Employees will be provided a call-in number or website to determine the status of a furlough in the event they are not at home to receive such notification. Local news media, text messaging, pop-up messages or other appropriate communication methods/media may also be used to inform employees of the furlough status.

11. Excepted employees performing work during a shutdown furlough will be made whole when Congress passes and the President signs a new appropriation.

12. Employee’s Federal Employee Health Benefits (FEHB) coverage will continue during a shutdown furlough. The employee’s share of the FEHB premium will accumulate and be withheld from pay upon return to pay status. The employee can choose between paying the agency directly on a current basis while in a non-pay status or having the premiums accumulate and be withheld from his or her pay upon returning to duty.

13. Employee’s Federal Employees’ Group Life Insurance (FEGLI) coverage will continue for 12 consecutive months in a non-pay status without cost to the employee.

14. BENEFEDS will generate a bill and send directly to employee’s enrolled in the Federal Dental and Vision (FEDVIP) program after no payment is received for two consecutive pay periods. Employees will be responsible f or paying premiums to ensure continuation of coverage.

15. Union officials are not permitted to work on official time during a government shutdown, unless the union official is an exempted employee. In situations where union official cannot represent a BUE due to shutdown furlough, time limits under the Articles 6, 7, and 33 of the MLA will be extended up to the same time period as the shutdown furlough period. The same applies to time limits for Equal Opportunity cases.

16. When an employee is absent form work during furlough, he/she will not be held accountable for the effects of the furlough. Allowances for the effects of intermittent employment on assigned work will be made when applying the performance appraisal system.

17. Employees will not be subject to adverse performance ratings as a results of government shut down.

18. 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//                                                           //signed//
Bryan Jackson	                                                     Troy Tingey
Chief, Labor Relations	                                             President
HQ AFMC/A1KL	                                                     AFGE Council 214
 

 
//signed//                                                           //signed//
Curtis Hetzel	                                                     Tuja Stuard
Human Resources Specialist (Labor Relations)	                     Executive Assistant 
HQ AFMC/ A1KL	                                                     AFGE Council 214

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 Software Engineering Gateway Realignment into one Software Directorate located under the Air Force Sustainment Center (AFSC) at Tinker AFB. This applies to Bargaining Unit Employees (BUEs) within three separate Software Engineering Groups (SWEG) at Tinker AFB, Hill AFB and Robins AFB covered by the Master Labor Agreement (MLA) between parties.

2. This MOA implements subject realignment with the following provisions.

3. BUEs and their positions will remain at their current work location and will not be subject to any geographical relocation.

4. BUEs will be notified of this realignment in Group town halls at each location with the entire workforce with first line supervisor follow up to answer any questions from the BUEs. All questions/answers will be published via email with briefs from their supervisors.

5. The local Unions will be notified for involvement in the group town halls at each location.

6. Council 214 and the local Unions will be notified for possible ongoing negotiations during the other phases of this realignment.

7. All remedies available under the MLA or 5 USC 71 will remain available to the parties if concerns cannot be cooperatively resolved.

FOR MANAGEMENT                                   FOR THE UNION



____//signed//______                             _____//signed//_______
CURTIS HETZEL                                    TROY TINGEY 
Human Resources Specialist President             President
Labor Relations                                  AFGE Council 214
HQ AFMC/A1KL

               3 May 2023

 

Memorandum of Agreement (MOA)

on

AIR FORCE MATERIEL COMMAND (AFMC) SECURITY STANDDOWN DAY

References: a. Under Secretary of the Air Force Memorandum, “Security Standdown and Immediate Actions,”                       26 April 2023
                     b. Secretary of Defense Memorandum, “Immediate Review and Assessment of Department of                           Defense Information Security Procedures,” 17 April 2023

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 regarding subject program as it applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the Parties.

2. The Secretary of Defense has directed all services conduct a standdown to address security. Command teams may tailor execution of the Security Standdown Day to meet the unique needs of their Airmen and Department of the Air Force civilian employees and their local environment. Active component commanders will ensure the standdown event is conducted no later than (NLT) 18 May 2023. Commanders may elect to kick-off this event with Town Halls; however, they must be followed by small group guided discussions that reach 100% of our military and civilian Airmen.

3. Training can be accomplished via numerous methods and means such as face-to-face, virtually using Zoom or Teams, and in some circumstances via email with slides. Supervisors and or training officials will give credit to employees for completing training via email or virtually. Employees will not be required to do any testing in relation to this training. Full time union stewards will be able to accomplish training via email or virtually and will receive credit accordingly. Any face to face training must be conducted in accordance with local installation COVID restrictions per the Centers for Disease Control and Prevention (CDC) guidance. Employees in Temporary Duty (TDY) status, on leave or otherwise unable to accomplish the training before the deadline, will be afforded the opportunity to accomplish the training upon return.

 

MANAGEMENT	                                UNION

//signed//					//signed//		 
_____________________				___________________
CURTISS R. PETREK				TROY TINGY
HQ AFMC/DS					President
Deputy Director of Staff	                AFGE Council 214


//signed//                                      //signed//							 
_____________________	 		 	_____________________
COLLETTE MYERS					TUJA TUARD
Labor Relations Specialist	                Executive Assistant
HQ AFMC/A1KL					AFGE Council 214

MEMORANDUM OFAGREEMENT (MOA)

ON

Annual Total Force Sexual Assault Prevention and Response (SAPR) 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 (BUEs) covered by the Master Labor Agreement (MLA) between the Parties.

2. SAPR training will be on an annual basis. Training sessions will last approximately no more than 30 minutes and are required for all BUEs. This MOA implements the SAPR training program subject to the provisions outlined below.

3. Annual SAPR live training is conducted by facilitators and includes the options of in person or virtual platform.

4. Facilitators for live training will be volunteers who are supported and trained by the installation’s SAPR program point of contact.

5. Commanders will be responsible to ensure SAPR training is tracked by the Unit Training Managers (UTMs). The tracking tools may be myLearning, Educations and Training Management System (ETMS), or Training Schedule System (TSS).

6. Employees, who for personal reasons, do not feel comfortable participating in virtual or in person training, will be provided training slides by either the immediate supervisor or the installation SAPR office. These training slides will be sufficient meeting annual training requirements. If the employee goes to their immediate supervisor for the training slides, the supervisor will not ask additional questions in order to protect the employee’s privacy.

7. The installation SAPR office will provide the employee a training completion certificate. The employee will provide the training certificate to their supervisor who will ensure training completion is documented.

8. Supervisors do not have the authority to deny employee access to the training slides.

9. Those employees not available to attend the training by 31 December, due to Temporary Duty Assignment (TDY), leave, or any other reason will be provided guidance on make-up sessions by their immediate supervisor.

10. 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//
          _________________________                                        ________________________
          ANNAMAE WILLIS					           TROY TINGY
          AFMC SAPR						           President
          Program Manager					           AFGE Council 214



          
          //signed//                                                        //signed//
         __________________________                                        _________________________
          COLLETTE MYERS					           TUJA STUARD
          Labor Relations Specialist				           Executive Assistant
          HQ AFMC/A1KL					                   AFGE Council 214