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   

Limitation to Closure of Medical Treatment Facilities - DHA PI 6025.03 and DHA IPM 18-001

Date: 
Thu, 05/17/2018
Memorandum of Agreement (MOA)

On

DHA PI 6025.03 and DHA IPM 18-001:

Limitation to Closure of Medical Treatment
Facilities

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 limitation to closure of Medical Treatment Facilities (MTF) as it applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the parties.

2. Attachment 3 of DHA – IPM 18-001, mandates that no Military Treatment Facility (MTF) may close in excess of 3 days or any additional day beyond federally-declared holidays as identified by the Office of Personnel Management or the President of the United States or officially recognized federal office closures or local weather or contingency events. The DHA PI 6025.03 provides procedural instructions to insure changes are implemented. This change in limitation on consecutive days closed also affects ancillary services such as pharmacy, diagnostic imaging, laboratory, and any other services involved in direct patient care which may be required to adjust hours to ensure availability to services. The decision on which clinics and ancillary services involved in direct patient care will experience the limitation on consecutive days closed will be specific to each installation. This MOA implements the MTF limitation on consecutive days closed as they impact Bargaining Unit Employees (BUEs), subject to the provisions outlined below.

3. The Local Union President will be notified by MTF leadership prior to the implementation and provided a briefing from the local MTF on any changes to bargaining unit employees’ work schedules deemed necessary to comply with the tenets of DHA – IPM 18-001. Local impacts to conditions of employment of MTF employees engaged in clinical and ancillary services will be negotiated between Management and the Local Union President (or designee).

4. 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// 17 May 18                            //signed// 17 May 18
_______________________				_______________________
ROBERT J. MARKS, Col, USAF, NC		        TUJA STUARD
Command Surgeon					Executive Assistant 
HQ AFMC SG					AFGE Council 214


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

Revisions to the Federal Workplace Drug Testing Program

Date: 
Fri, 02/23/2018
MEMORANDUM OF AGREEMENT (MOA)

ON

Revisions to the Federal Workplace
Drug Testing Program

REFERENCE:
    AFI 90-508, “Air Force Civilian Drug Demand Reduction Program,”
    28 August 2014 MOA, dated 18 March 2015

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 the modifications of drugs included in the drug testing panel as it applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the parties.

2. The Department of Defense has initiated an update to the drug testing panels for which its Federal civilian workforce may be tested, in compliance with the Department of Health and Human Services (DHHS) Mandatory Guidelines for Federal Workplace Drug Testing Programs. This revision removed one drug, methylenedioxyethylamphetamine (MDEA), from the standard testing panel for employees and applicants. Additionally, four synthetic Schedule II opioid drugs have been added to the testing panel. These additions are oxycodone, oxymorphone, hydrocodone, and hydromorphone.

3. Management will provide an updated list to of BUEs on Testing Designated Positions (TDPs) to Council 214 NLT 30 days after implementation of this MOA. Additionally, the updated list of drugs or classes of drugs that employees may be tested for will be provided to Council 214 within 30 days of implementation of this MOA. Employees on TDPs will be provided notification of the removal and additions of the drugs listed above and a 30-day notice period as described in AFI 90-508 from the date they have been provided the updated drug testing panel.

4. A bargaining unit employee who believes he/she may have a drug problem, and who self identifies as such, and agrees to the provisions of the civilian drug testing program, as described in the AFI 90-508, will not be subjected to disciplinary action for past use. Management and the Union both recognize the importance of a drug free workplace for safety and health reasons. Employees who voluntarily seek assistance with substance abuse issues may not be subject to disciplinary action if they meet all the conditions of the “Safe Haven Provisions” shall not relinquish any rights to appeal regarding future charges.

5. Management will notify employees on TDPs about the Employee Assistance Program (EAP) and Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program being available for assistance with counseling and rehabilitation services. However, the employee is able to use any other treatment they deem necessary, at his or her own expense, and are not limited to EAP and ADAPT.

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/date				For the Union/date



   //signed//                                      //signed//
_______________________				_______________________
BRET D. BURTON, Col, USAF, MC		        TUJA STUARD
Deputy Command Surgeon				Executive Assistant 
AFMC/SG2					AFGE Council 214



   //signed//                                      //signed//
_______________________				_______________________
BRIAN FRIEDRICH					ANDREW POWELL
Labor Relations Specialist			Executive Assistant
HQ AFMC/A1KL					AFGE Council 214  

Voice over Internet Protocol Phones (VOIP) conversion

Date: 
Tue, 02/20/2018
MEMORANDUM OF AGREEMENT (MOA)

ON

Voice over Internet Protocol Phones Conversion

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 Voice over Internet Protocol (VoIP) phones as it applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the parties.

2. VoIP phones are being implemented across the Command as older technologies become obsolete. This MOA implements the provisions of the VoIP phone conversion, subject to the provisions outlined below.

3. VoIP phones generate call logs for all incoming and outgoing calls. Call logs generated by the system may be accessed in accordance with all applicable MOAs, the MLA, laws, rules, and regulations.

4. Employees may submit their preference between all headsets and handsets available from the organization’s inventory to their supervisor.

5. 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//
_______________________				_______________________
ROBERT TRAME					TUJA STUARD
Acting Chief, Assurance Division		Executive Assistant 
HQ AFMC/A61					AFGE Council 214


    //signed//                                     //signed//
_______________________				_______________________
BRIAN FRIEDRICH					ANDREW POWELL
Labor Relations Specialist			Executive Assistant
HQ AFMC/A1KL					AFGE Council 214   

AFI 32-2006, Uniform and Grooming Standards for Civilian Fire Emergency Services Personnel, dated 29 Aug 13

Date: 
Tue, 02/13/2018
MEMORANDUM OF AGREEMENT (MOA)

ON

Air Force Instruction (AFI) 32-2006 "Uniform and Grooming Standards for Civilian Fire Emergency Services Personnel," Dated 29 August 2013

References:     A. AFI 32-2006, Uniform and Grooming Standards for Civilian Fire Emergency Services Personnel, dated 29 August 2013

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 Uniform and Grooming Standards for Civilian Fire Emergency Personnel as it applies to bargaining unit employees (BUEs) covered by the Master Labor Agreement (MLA) between the Parties.

2. AFI 32-2006 replaced AFI-36-801 as the authority on dress and grooming standards for Civilian Fire Emergency Personnel.

3. In accordance with 10 USC 1593 (Uniform Allowance: Civilian Employees), when the government requires Fire and Emergency (FES) personnel to wear a prescribed uniform, the government will provide such uniforms, a uniform allowance, or some combination of the two. The Installation Fire Chief (IFC) determines how those uniforms are acquired. If the government does not provide all uniform components, the IFC will ensure BUEs are given a uniform allowance sufficient to cover the cost of all uniform components the employee is required to purchase, up to a maximum of funds established in 10 USC 1593. Local uniform standards will be negotiated between the IFC (or designee) and the Local Union President (or designee). Any changes in working conditions for BUEs shall be negotiated between the IFC and the local union.

4. Employees will be given 12 months from the date of this MOA or 60 days from receipt of the allowance, whichever is sooner, to comply with the wear of clothing covered by this MOA.

    a. For all FES personnel whose primary or secondary duties include firefighting; the T-shirt may be worn apart from the uniform shirt. However, this T-shirt now becomes part of the uniform and must be constructed of inherently flame resistive fibers (100% cotton; Nomex/Aramid blends, for example). NFPA-compliant T-shirts may only be required if agreed upon during local negotiations.

    b. Station Work Uniforms and accoutrements of all FES personnel whose primary or secondary duties include firefighting shall comply with NFPA 1975 and AFI 32-2006, unless otherwise covered by this MOA. Any changes in working conditions for BUEs shall be negotiated between the IFC and the local union.

    c. Work shirts will not be worn on the flight line or during fire emergency operations. Therefore, metal (such as name badges, tags, rank, etc.) may be worn on clothing that will not be worn during flight line, vehicle checkout, or fire ground operations.

    d. Employees will be allowed to wear stand-by apparel after normal duty hours as determined by the IFC. Such stand-by uniforms shall be standardized within the flight and shall be constructed of inherently flame-resistive fibers (100% cotton; Nomex/Aramid blends, for example). Any changes in working conditions for BUEs shall be negotiated between the IFC and the local union.

5. If a dress uniform is required and not provided by the government, the clothing allowance will be sufficient to cover the cost of the purchase of that uniform.

6. Current employees will not have existing tattoos serve as a basis for removal from positions, but will cover any non-compliant tattoos or body art, as defined in paragraph 3.9.2, so it is not visible when in uniform. Employees hired after the signature date of this MOA will comply with the AFI’s provisions on tattoos and other body art.

7. Employees may have facial hair so long as it is neatly trimmed and does not come between the sealing surface of the self-contained breathing apparatus face piece and the face or otherwise interfere with the operation or use of safety equipment. Hair (to include braids/dreadlocks) must be clean and neat in appearance and must not extend below the bottom edge of the collar when the uniform shirt is buttoned.

8. To ensure a professional image, employees must keep uniforms neat, clean, pressed, serviceable and presentable at all times. Employees will not wear faded, frayed or torn uniforms. When uniforms are damaged (torn, frayed, burned, etc.) as a result of FES operations, when allowed by 10 USC 1593, management will provide the employee sufficient funds to replace the damaged clothing to ensure compliance with uniform standards.

9. Any local impacts not covered by this MOA will be bargained locally.

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//
_____________________________	                        _____________________________
William G. Janczewski II, SMSgt, USAF	                Tuja Stuard
FES Program Manager	                                Executive Assistant
AFIMSC Det 6/CEX	                                AFGE Council 214



    //signed//                                            //signed//
______________________________	                       ______________________________
Collette Myers	                                       Andrew Powell
Human Resources Specialist	                       Executive Assistant
(Labor Relations)	                               AFGE Council 214
HQ AFMC/A1KL

Government Shutdown/Emergency Furlough Procedures

Date: 
Tue, 02/06/2018
MEMORANDUM OF AGREEMENT (MOA)

On

Government Shutdown/Emergency Furlough Procedures

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 may have its non-excepted employees perform for up to a half-day (e.g., up to four hours) 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 for 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 Article 6 and 7 of the MLA will be extended up to the same time period as the shutdown furlough period. The same applies to time limit 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 Union/Date



    //signed//                                                   //signed//
________________________                                     ___________________________

Randy Shaw                                                   Troy Tingey
Chief, Labor Relations                                       President
HQ AFMC/A1KL                                                 AFGE Council 214



    //signed//                                                   //signed//
________________________                                     ____________________________

Robert Good                                                  Tuja Stuard
Human Resources Specialist (Labor Relations)                 Executive Assistant
HQ AFMC/A1KL                                                 AFGE Council 214

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