Collective Bargaining Agreement Highlights
Added provision that requires a manager to notify an employee of his/her right
to representation when an employee is in a meeting with his/her manager and
the matters under discussion develop such that further discussion could lead
to a disciplinary action.
Adds sexual orientation to the list of categories for which the Library and
CREA cannot discriminate.
Retains an obligation that the Library must make whole an employee whose pay is deficient by 50% or more within two work days.
Establishes a general dress code of "good taste as reflected by a clean appearance and appropriate dress."
Changed language to reflect that the terminology "nonprofessional" and "professional" under the statute refers to positions and not people.
Permits an employee to request an extension of up to 60 days for submission of promotion materials. However, when granted, all subsequent deadlines will be delayed, including the effective date of any resulting promotion.
Promotion appeal changed to a panel of three management officials appointed by the Director. At least one must have professional or subject-matter knowledge of the employees's area of specialization or discipline.
If an employee elects to waive further promotion (after having been denied two times) employee will have to designate if he/she wants to continue to be given work at the next higher grade level.
Requires a "dialogue" between the employee and the supervisor at the beginning of the appraisal period to ensure there is an understanding between them of what is expected and how the employee will be evaluated.
Requires a mid-term review.
Proposed performance rating and narrative to be discussed with employee before becoming final.
Changes performance rating terminology to: unsatisfactory (same), minimally successful, fully successful, commendable, and outstanding. The commendable rating is also new.
Employee may appeal rating and narrative to a higher-level supervisor
After an employee is denied a within-grade for a second time, management may elect not to review the employee for a within-grade for one year. However, if the employee is demonstrating work at his/her grade level, the review can be immediate.
Individual divisions and offices are to consider, through consultative management, establishment of "informal methods of recognizing performance and achievements that are not recognized through the incentive awards program.
Permits bargaining-unit employees to be recognized under the same provisions under which Section Heads are given an annual bonus.
Requires CRS to issue an annual Special Recognition Report that will be made available to all employees.
Creates CRS Director Awards (non monetary).
Requires the Library to meet semiannually with CREA regarding upward-mobility planning and self-development
Adds "sexual orientation" to non discriminatory factors
Employee may initiate a position maintenance review. (A maintenance review is to be conducted to ensure that a position description is up to date).
Defines and clarifies "other duties as assigned."
CRS may elect to use one of the following to resolve appropriate issues resulting from a proposed reorganization:
If informal discussions or consultative management were selected but do not resolve the matter(s), management will then determine whether it will use:
If management has selected the expedited mediation/arbitration process, CREA
will have up to fifteen (15) workdays to prepare written proposals
before bargaining commences. Negotiations will be held for no more than ten
workdays unless the Parties determine otherwise. If agreement is not reached
on all items within ten (10) workdays (unless the Parties mutually
agree to a longer negotiation period) an arbitrator will be mutually selected
by the Parties from a previously compiled list. The duration of the mediation/arbitration
sessions will not exceed five (5) days unless otherwise agreed
to by the Parties. The arbitrator shall issue an advisory opinion within
ten (10) days of the conclusion of the mediation/arbitration session.
If management selected the statutory negotiation process (whether chosen initially or after the informal discussions or CM), CREA will have up to fifteen (15) workdays to prepare written proposals before bargaining commences. Negotiations will be held for no more than ten (10) workdays unless the Parties determine otherwise. The Parties shall bargain in good faith. If they are unable to reach agreement within ten (10) workdays, either Party may request the services of the Federal Mediation and Conciliation Service (FMCS). If the FMCS mediator certifies that the Parties are at impasse, then either Party may request the assistance of the Federal Service Impasses Panel. Implementation may not take place until the impasse is resolved by the Panel, unless, under 5 U.S.C. 7106 (a)(2)(D), it is necessary for management to take whatever actions may be necessary to carry out the agency mission during emergencies.
Noncompetive temporary appointments extended from 3 months to six months. A three month extension is permitted with notification and explanation to CREA.
Not-to-exceed positions may be extended for up to six months. Library encouraged to use such appointments appropriately.
CREA to receive list of all temporary and not-to-exceed positions quarterly.
Ninety (90) day temporary employees who are converted to another temporary position without a break in service are in the CREA bargaining unit.
Temporary employees who have completed one year of service are eligible for health insurance but employee must pay full cost.
Establishes conditions under which employees in competitive non-permanent positions may be considered for conversion to permanent status.
Establishes conditions for conversion of temporary positions to permanent positions
The Library agrees to notify all bargaining-unit employees and CREA of positions likely to be filled during that quarter on a temporary basis and where to direct applications so that they can be placed in a temporary job application file.
Temporary and not-to-exceed employees, where practicable, shall receive at least a 60 day notice of the termination of their appointment.
The detail supervisor shall provide input to the regular supervisor's evaluation of the detailed employee's performance.
A detail shall not delay the promotion of an employee who has met all requirements for promotion in his/her regular position, including time-in-grade.
When CRS intends to detail a unit employee under the Flexible Detail Program, it will announce to select an employee for the detail, thus notifying them of the opportunity. The announcement shall include information on the position and its duties; the division/office; the intended duration; the tour of duty; the minimum knowledge, skills and abilities expected; the application procedures; the application deadline; and whether interviews will be held.
Management may extend details under this program for up to six months beyond the initial intended duration of the detail after consultation with the employee.
An employee who is detailed under this program may be returned early to his/her regular position without prejudice if it is shown that, through no fault of the employee, he/she is not a suitable fit for the position.
The division/office where the detail takes place shall provide necessary training to the employee as early as appropriate during the detail.
Any employee detailed from a position that has additional promotion potential shall be reviewed for promotion in accordance with Article VIII, Promotion Review for Positions in Promotion Ladders, of this Agreement. The decision whether to recommend promotion shall be based on the promotion requirements of the employee's regular position. The employee will be encouraged to submit a summary of work performed during the detail; all work performed during the detail that is relevant to the promotion requirements of the original position will be considered in making the promotion determination.
Establishes a voluntary RIF procedure.
Before identifying specific positions to be RIFed, the Director may call for volunteers who, if accepted, will be separated subject to the provisions below. Such a call for volunteers will be for a period not less than 15 work days.
An employee with critical knowledge and skills (as identified by the Director of CRS) may not participate in a voluntary release if the Director determines that such participation would impair the performance of the mission of the Congressional Research Service.
Volunteering for RIF separation under this section is strictly a voluntary action on the part of any employee to whom this option is offered. Such employee shall not be forced or coerced in any way to volunteer for RIF separation.
A voluntary release of an employee in a reduction in force shall be treated as an involuntary release in the reduction in force and entitled to all entitlements under involuntary RIF separations.
Volunteering for separation under the provisions of this section does not confer RIF assignment (bumping) rights.
When there are more volunteers than needed and the Director accepts more volunteers than the approximate number identified in the notification called for under Section 10, the Director shall notify CREA, in writing, the reasons for accepting more volunteers than anticipated.
Establishes e-mail policy.
Unit employees may use electronic mail (e-mail) systems in the Library and in CRS for official business. Such official business may include emergency messages and messages that the Library determines are necessary and in the best interest of the Government as defined in LCR 1616. Although the Library has the right to monitor its employee's e-mail activities, an employee's e-mail should not normally be opened by any other person than the addressee; monitoring will occur when there is evidence that an employee is involved in activities that are prohibited by law, that violate Library regulations and policies, or that might jeopardize the technical systems of the institution.
This article now consolidates in a single place the types of leave to which an employee is entitled.
The Library shall notify the Association when it proposes to relocate any bargaining unit employee(s). If three or fewer employees are involved, management may notify the local CREA steward(s).
CRS may elect to use one of the following to resolve appropriate issues resulting from a proposed relocation:
If informal discussions or consultative management were selected but do not resolve the matter(s), management will then determine whether it will use:
If management has selected the expedited mediation/arbitration process, CREA
will have up to fifteen (15) workdays to prepare written proposals
before bargaining commences. Negotiations will be held for no more than ten
workdays unless the Parties determine otherwise. If agreement is not reached
on all items within ten (10) workdays (unless the Parties mutually
agree to a longer negotiation period) an arbitrator will be mutually selected
by the Parties from a previously compiled list. The duration of the mediation/arbitration
sessions will not exceed five (5) days unless otherwise agreed
to by the Parties. The arbitrator shall issue an advisory opinion within ten
(10) days of the conclusion of the mediation/arbitration session.
New language includes employee reporting responsibilities and protections for employees that report unsafe conditions. Also new notification requirements for the Library regarding "imminent danger."
Ergonomic consultations added
New language addresses first aid and CPR training for employees
Obligates the Library to "make every reasonable effort" to have medical emergency personnel available during working hours.
Requires request for light duty status to be in writing and supported by a medical statement prescribed by the Library.
Part-time employees who work full days are eligible for flexitime, compflex, and compressed work week.
Starting time has been changed from 7 am to 7:30 am. However, those employees who have demonstrated a regular practice of starting before 7:30 am may continue to do so through calendar year 2006. The grandfathering will be discussed in June 2006 to determine if it should continue based on potential hardships and operational needs of the Service.
KSG will start at the same time with the same grandfathering.
Establishes that employees who are required to work to finish projects/work assignments may request compensatory time. While subject to management approval, such comp time should be normally granted.
Establishes CREA bargaining-unit employees offsite work policy and procedures. May be used for medical, health, security, and emergency reasons, as well as for project/work assignments.
The CRS Subject Directory shall be made accessible in common areas to all employees.
Alternative Dispute Resolution Procedures (previously a mid-term agreement) added to the contract.
The new article no longer requires a disputant to characterize the dispute
as an EEO complaint, a grievance, or "other" within 5 workdays of
filing the dispute.
The new article does not include the Panel Steps that were outlined in the prior
agreement.
Extends the protections against harassment, reprisal, etc. of the initiator of a dispute to union representatives and other employees also involved in the dispute.
The right to take an adverse action based on misconduct to dispute resolution has been incorporated into this article. Previously this was an amendment to the agreement.
The number of steps in the grievance procedure has been reduced from three to two. The article has a new grievance-mediation procedure. The article now also has procedures for the Library to file a grievance against CREA.
Establishes alternative discipline policy and procedures for misconduct concerns.
Incorporates criteria to be used for determination of appropriate misconduct penalties.
Establishes that reply officer review should be limited to the matters raised in the adverse action. The reply officer must consult with the charged party and representative (if there is one) prior to submitting his/her recommendation to the Director.
In cases when an employee has been placed on enforced leave, the Library must make a decision to bring the employee back or begin adverse action proceedings within 30 workdays.
Misconduct allegations can be discussed prior to adverse action, but if during the discussion it becomes clear that disciplinary action may be taken, the employee is to be informed that they can have a CREA representative.
Number of CREA stewards reduced from 18 to 16. This change reflects the reduction in the number of divisions and offices in CRS.
Management recognizes steward right to discuss conditions of employment with employees
Official time for CREA Vice President for Training and Liaison reduced from 40 hours to 16 hours per pay period except on showing of bona fide need.
New form for CREA officers and stewards to account for official time. Current contract calls for a form, but it was never negotiated between CREA and the Library.
Career Opportunity Program (COP) intern positions no longer restricted to "research assistant type" positions. Almost any CRS bargaining-unit position may be considered.
Eligibility now limited to CRS.
CRS agrees that COP intern positions should be posted at lowest grade possible but actual grade will depend on the needs of the Service.
Clarifies COP employee's ability to take training during work hours.
COP details lengthened from 6 months to 1 year.
Area of consideration for COP details expanded to cover most CRS bargaining-unit positions.
Establishes definition of consensus. For purposes of this Agreement consensus is reached when a single alternative is agreed upon and all those participating in the CM process can live with this alternative whether or not it is their preferred choice. If there is no consensus, "agreement" has not been reached.
CRS will discuss with the staff, on a quarterly basis, the current state and future direction of the use of technology in CRS, including significant changes in or upgrades to hardware, software, and communications devices as well as significant issues relevant primarily to specific divisions and/or offices. As appropriate, management will discuss with the staff of particular divisions/offices changes in technology that primarily affect those divisions/offices.
Establishes a 6 month reopener. During the life of this Agreement, the parties will consult semi-annually to determine whether there are any negotiable changes that either side wishes to bring to the table. If so, the parties will commence bargaining on those issues within thirty days following the semi-annual consultation.