ML25035A067

Attachment C

ML25035A067
Person / Time
Issue date:	02/21/2025
From:	David Wright NRC/Chairman
To:	Comer J, Greene M US HR (House of Representatives), US HR, Comm on Government Reform & Oversight
Shared Package
ML24348A162	List: ML24348A161 ML25035A065 ML25035A067 ML25035A068 ML25035A069 ML25035A070 ML25035A071
References
CORR-25-0007, LTR-24-0261
Download: ML25035A067 (1)

Text

Attachment C Document Title Page Letter from E. Dilworth to T. Curry (Sep. 3, 2024)

NRCC000001 Letter from D. Yeilding to T. Curry (Sep. 3, 2024)

NRCC000003

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 3, 2024 Mr. Timothy Curry Deputy Associate Director, Accountability and Workforce Relations Workforce Policy and Innovation U.S. Office of Personnel Management 1900 E St., N.W.

Washington, D.C. 20415

Dear Mr. Curry:

Pursuant to Section 6(b) of Executive Order 14119, Scaling and Expanding the Use of Registered Apprenticeships in Industries and Promoting Labor-Management Forums, dated March 6, 2024, the Nuclear Regulatory Commission (NRC, the agency) submits its implementation plan. This plan was provided to National Treasury Employees Union, Chapter 208 (NTEU, the union), the exclusive representative of bargaining unit employees at the NRC.

Executive Order 14119, Section 6(b) provides:

(b) Each Labor-Management Forum agency, consistent with any guidance issued by the Office of Personnel Management (OPM), shall:

(i) establish Labor-Management Forums by creating joint labor-management committees or councils at the levels of recognition and other appropriate levels agreed to by the employee union and management, or by adapting existing councils or committees if such groups exist, to help identify problems and propose solutions to better serve the public and agency mission; (ii) allow employees and their union representatives to have pre-decisional involvement in workplace matters, including consultation on Registered Apprenticeship recommendations and discussions with management for the development of joint solutions to workplace challenges; and (iii) evaluate and document, in consultation with union representatives and any further guidance provided by OPM, changes in employee satisfaction, manager satisfaction, and organizational performance resulting from the Labor-Management Forums.

The NRCs responses to these provisions are as follows:

Section 6 (b)(i): The agency and the union have a long history of labor-management cooperation having continuously engaged in partnership efforts at the agency and sub-agency levels since 1993. During the early 2000s, the parties ceased meeting at the agency level, but most sub-agency partnerships at the office and regional levels continued meeting to discuss matters of concern. When, in 2009, agencies were directed to create labor-management committees (forums) at the level of recognition, the agency and the union restarted the NRCs agency level partnership committee (ALMPC) and worked together to create the 2010 charter implementing the provisions of Executive Order 13522.

Today, the 2010 charter remains the foundational document for agency labor-management committees at all levels of the NRC, including the ALMPC (attached). The partnership committees have met continuously since 2010. The partnership committees (forums) at all NRCC000001

T. Curry 2

agency levels continue to meet and the number of sub-level partnerships has increased during the last three years.

Section 6 (b)(ii): The NRCs robust labor-management relations program, including its partnership program, provides the union and agency with the means and opportunity to engage pre-decisional involvement in workplace matters over both permissive and negotiable subjects of bargaining. In 2023, the agency and the union engaged in pre-decisional discussion on the program requirements of critical new operational space. The discussions successfully resulted in a Memorandum of Understanding. In 2024, the agency and the union are engaged in pre-decisional decisional discussions regarding the implementation of a change to the NRCs mandatory drug testing program.

Section 6 (b)(iii): Using the guidance provided to agencies by OPM, establishing baseline metrics to measure the forums impact on employee satisfaction, manager satisfaction, and organizational performance will be a priority. NRC and NTEU will establish a baseline assessment of the current state of labor relations in the Agency. The parties will gather data on current levels of grievances and unfair labor practices; time required to negotiate changes in personnel policies and practices and other matters affecting working conditions; and union pre-decisional involvement. Available survey data will be analyzed. We believe that this approach will provide us with a well-rounded assessment of the current labor relations environment. The agency may consider using a contractor to survey employees and managers.

Another key step will be developing a process for isolating the impact of the forums and pre-decisional engagement on areas such as mission accomplishment, productivity gains, and cost effectiveness. OPM may provide additional guidance in this area.

The NRC devotes personnel resources across the agency, at all levels, to support and encourage the operation of agencys labor-management forums. Senior leaders, managers, and supervisors participate in office and regional forums alongside union officials and bargaining unit employees. The parties' Collective Bargaining Agreement provides for official time to bargaining unit employees participating in the forums. The agency will continue to utilize these resources to support the forums and will work with the union to consider what additional resources may be needed going forward.

While we attempted to meet and discuss the implementation plan with Chapter 208, instead, the union requested to provide its own independent view to OPM, which is attached. We hope to continue discussing the implementation plan with the union in the coming weeks and months.

I have asked Bi Smith, Chief, Policy, Labor, and Employee Relations Branch Chief to be the agency point of contact for this plan. Ms. Smith can be reached at bi.smith@nrc.gov.

Sincerely,

((signature:ELD2 Eric Dilworth Acting Chief Human Capital Officer NRCC000002

Mr. Timothy Curry Deputy Associate Director, Accountability and Workforce Relations Workforce Policy and Innovation U.S. Office of Personnel Management 1900 E St., N.W. Washington, D.C. 20415

Subject:

Union Response to Labor-Management Forum Report to OPM (EO 14119)

Dear Mr. Curry:

Pursuant to Section 6(b) of Executive Order 14119, Scaling and Expanding the Use of Registered Apprenticeships in Industries and Promoting Labor-Management Forums, dated March 6, 2024, the National Treasury Employees Union Chapter 208 (the Union at the Nuclear Regulatory Commission) submits its concerns on the implementation plan. Section 6(c) of the Executive Order calls for the agency to collaborate with Union representatives which did not occur even after the Union on March 18, 2024 requested involvement. As a result, the Union is reporting separately. Executive Order 14119, Section 6(b) provides: (b) Each Labor-Management Forum agency, consistent with any guidance issued by the Office of Personnel Management (OPM), shall: (i) establish Labor-Management Forums by creating joint labor-management committees or councils at the levels of recognition and other appropriate levels agreed to by the employee union and management, or by adapting existing councils or committees if such groups exist, to help identify problems and propose solutions to better serve the public and agency mission; (ii) allow employees and their union representatives to have pre-decisional involvement in workplace matters, including consultation on Registered Apprenticeship recommendations and discussions with management for the development of joint solutions to workplace challenges; and (iii) evaluate and document, in consultation with union representatives and any further guidance provided by OPM, changes in employee satisfaction, manager satisfaction, and organizational performance resulting from the Labor-Management Forums. The NTEUs responses to these provisions are as follows: Section 6 (b)(i): The Union does agrees with the Agencys depiction of labor management forum (partnership) history which began with President Clintons Executive Order 12871 in 1993. The Union experienced inaction on managements part for seven years. When President Obama issued a similar Executive Order 13522, a NTEU-NRC 2010 Partnership Charter was developed for the agency to track issues through to completion with either a mutual resolution or an agreement to disagree and close the matter. Now fifteen years later, the agency has not yet developed the labor management forum issue tracking system. The attached Union developed table depicts 100 issues presented by the Union to the labor management forum for predecisional involvement. The parties' Collective Bargaining Agreement provides for official time to bargaining unit employees participating in the forums. The Union agrees that the Partnership forums will continue to meet. NRCC000003

2 l P a g e Section 6 (b)(ii): The Union appoints eight representatives to meet with senior managers monthly at the agency level labor management forum. Other than this 1-hour monthly meeting, the agency nor the union has applied any significant additional resources to address the attached 100 issues raised over the past two years. A mere 16 of the issues have had limited Union-Agency engagement. One failure involved over six months of predecisional labor management forum involvement on changes to the negotiated telework policy documented in the Collective Bargaining Agreement. When agreement was achieved between the Union and traditional management negotiators, the president-appointed Commission, voted against the new telework negotiated policy. The Union claimed bad faith bargaining and filed an Unfair Labor Practice grievance due to this Commission intervention of a labor management negotiated agreement. The matter is currently in litigation. The agency has not provided for any Union consultation on Registered Apprenticeship recommendations. The Union also appoints 76 Union members that meet monthly with senior managers in 15 offices/regions throughout the agency to discuss their local issues. Past executive orders have opened statutory permissive subjects from 5 USC 7106(b)(1) for predecisional involvement which was proceduralized into the NTEU-NRC 2010 Partnership Charter. Since the Agency is reluctant to share staffing plans with the Union, the many local labor representatives have difficulty discussing numbers, types and grades of employees when management proposes changes to their organizational structure. The Agency could improve discussions with more transparency on this matter. The Union plans to continue these successful local labor management forums and will continue to press the agency to address the many attached unresolved issues at the higher agency-level labor management forum. Section 6 (b)(iii): The Union will support the Agencys commitment to OPM to: Establish satisfaction metrics for labor management forums, Assess the state of labor relations at the NRC, Gather data on Union grievances, ULPs and other matters, Determine forum impact on mission, productivity, and cost. I will be the Unions point of contact for this plan. I initiated for the Union, the initial labor management forum in 1993. I can be reached at Dale.Yeilding@nrc.gov. Sincerely, Dale Yeilding, NTEU Chapter 208 Executive Vice President Attached: Agency Labor Management Partnership Committee Issue List - 100 entries NRCC000004 SIGN

3 l P a g e Attachment - Union Response to Labor-Management Forum Report to OPM (EO 14119) NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 1 COVID Tracking The agency may consider applying more resources to tracking contacts for reported COVID cases, e.g. using cameras. 28-Jul-22 2 Telework Resignations NTEU reports an increase in the number of resignations due to telework frequency limitations. 28-Jul-22 3 OMB Telework Approval Level OMB guidance M-21-25, suggests policy approval should be at the lowest management level. Telework at higher frequencies currently involves OD & OCCHO approval above the branch chief. 28-Jul-22 4 Annual Real Property Capital Plans OPM guides that the plan should reflect work flexibilities like telework and space sharing post pandemic. Future floor renovations associated with workstation redesign and reduced utilization will involve hoteling and benefit from Union predecisional involvement. OMB M-22-14 28-Jul-22 5 Applicant Interview Scope Should all applicants be interviewed? Current policy indicates reassignment eligible applicants may not get interviewed 28-Jul-22 6 Union Communications EO 14025 and follow-on OPM guidance highlights Union rights to Access & Communicate with Employees. 28-Jul-22 7 Staffing Plans Recent EO and Partnership policy provide for predecional involvement with changes to staffing plans. 28-Jul-22 8 Mental Health Care & Security Clearance Employee reporting of mental health care on Security Clearance SF86 changed 5-years ago to permit more discretion and lower the threshold to not report certain counseling that does not affect judgement, reliability or trustworthiness. 28-Jul-22 9 Direct Hire Authority Staff perceive positions filled by direct hire authority reduce promotion opportunities for existing employees. 24-Aug-22 10 Reduce Printers The agency announced an initiative to reduce printers. 24-Aug-22 11 Diversity & Inclusion Committees Some Offices have Diversity & Inclusion Committees 24-Aug-22 12 Maximum Telework during "High" transmission rates The Agency should consider returning to maximum telework during times of high transmission rates that require mandatory masking. 24-Aug-22 13 Telework Renewal Requirements Telework agreements do not have a termination date nor a requirement to be renewed under current policy. Many employees are having to renew their telework agreements. The agency and Union should jointly address the issue to ensure consistent implementation for all staff. 24-Aug-22 14 Promotions & Telework Early this year, OCHCO changed their policy on when people should apply for telework. If you were promoted and were already on full time telework, you were permitted to apply for fulltime telework for your new position while still working under your old position. This is even what OCHCO says to do on their website. However, sometime in early 2022, OCHCO decided that they did not want to do this anymore, so staff had to come to the office and then re-apply. This effectively means that anyone on fulltime telework would not accept the promotion 29-Sep-22 NRCC000005

4 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 15 Official Travel is not Telework It has come to the Unions attention that inspectors upon returning from an inspection while on official travel are being asked to adhere to their telework agreements by serving more in-office days in the regional offices. The OPM Telework Guide specifically states telework is not work while on travel. NTEU requests the agency clarify to teleworkers that travel for the government counts towards any telework agreement required in-office days. Ref: OPM 2021 Guide to Telework and Remote Work in the Federal Government, (page 11 footnote) https://www.telework.gov/guidance-legislation/telework-guidance/telework-guide/guide-to-telework-in-the-federal-government.pdf 29-Sep-22 16 Performance Rating Level Definitions The CBA Article 25.7.2 states, Performance will be rated against the written Fully Successful standards, typically written in terms of quality of work, quantity of work, timeliness, and supervision required e.g., the Elements and Standards do not have additional writeups/standards for excellent and outstanding performance. Furthermore performance Rating Summary Level definitions are set forth in MD 10.67, General Grade Performance Management System. The Union should be notified of any agency proposal to change these important definitions and provided an opportunity to bargain. The definitions all relate to some degree of quantity, quality, timeliness, and amount of supervision, which can then apply to any assigned work which may vary from employee to employee. Changing these definitions to particular work assignment as proposed below, would then need to assure that all employees in the work unit received the same work assignment which may not necessarily be the case since there may not be enough knowledge management duties to assign to everyone in NMSS. NTEU requests formal notice to any agency proposed change to these important definitions. 29-Sep-22 17 Dual Pay Period Telework Schedules The CBA requires a telework schedule (CBA 7.3.1) to be fixed and recurring by simply specifying the hours and days in which work is to be performed each pay period. Many agency managers have approved telework agreements with schedules spanning two pay periods which is permitted by the current contract language establishing a past practice. The contract language requires days/hours to be designated each pay period without specifying that the designation to be a single pay period. Thus the qualifying work each has been interpreted by both employees and telework schedule approving-managers as allowed to span two pay periods which is then a fixed schedule that is recurring. 27-Oct-22 18 Performance Evaluations for Rotations of Assignments Many agency rotation of assignments are up to 6 months in duration but simply announced as 3 months to 6 months. Thus an employee enters the new temporary job without new elements and standards (E&S) since the duration threshold for E&S is 120 days as specified in CBA Article

25. NTEU would like to discuss a standardized process to ensure staff are properly evaluated at the end of their temporary rotation of assignment and more importantly completing understand the supervisors expectations.

27-Oct-22 NRCC000006

5 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 19 Samsung Smartphone Battery Safety Consider having OCIO inspect all batteries and better inform staff of the safety risk of operating and what they should continually look for to detect swelling before the battery compartment actually expands. 27-Oct-22 20 Political Ads Target IRS Employees NTEU has called for candidates to remove ads that misrepresent IRS employees. As new reactors have not yet brought to light any significant visible anti-nuclear protestors, the agency should keep NRC staff safety at the fore front to prevent at the NRC what is happening now at the IRS. 27-Oct-22 21 Appraisal Guidance Missing Reference to CBA On the first page of the TMS on-line instructions to sign your next years elements and standards is guidance referring to MD 10.67 but is missing guidance to the controlling document, Article 25 of the Collective Bargaining Agreement. 27-Oct-22 22 Telework Renewal Requirements The Union presented that the CBA does not require Telework Agreements to be renewed. 30-Jan-23 23 Telework Pilot NTEU clarified the Union position to traditionally bargain the Telework Pilot. 30-Jan-23 24 Extend time for Adverse Action Written Notice of Decision The Agency policy for adverse actions should eliminate the time limit for decisions since it is based upon an Executive Order 13839 that was revoked on January 22, 2021. 30-Jan-23 25 Paid Leave for Medical & Caregiving Needs President Biden issued a Memorandum to Agency Heads on February 2, 2023, for workers to access paid leave when they face a medical or caregiving need that affects their ability to work. NTEU will collaborate with the agency for implementation of the directive. 23-Feb-23 26 Train both Staff and Managers on EEO and Diversity The agency should provide comparable EEO and Diversity training to staff that is being offered to supervisors & managers on four scheduled training dates, (see Agency Announcement, Feb 14, 2023). 23-Feb-23 27 Update NRC Form 30, Request for Administrative Services Update the mailstops to email addresses for the list of recipients that are currently on Form 30 and allow for submittal online. 23-Feb-23 28 Track Bargaining The agency and union may jointly consider posting the many ongoing and completed traditional bargaining issues to promote transparency to the staff. 23-Feb-23 29 ALMPC Workplace Matter Record Review the status of all unresolved ALMPC issues moved to the parking lot. The Charter-D.10, identified Workplace Matter Record that tracks ALMPC issues/matters, will be reviewed at the end of each meeting ensuring both Agency/Union responsible representatives are identified for each matter 23-Feb-23 NRCC000007

6 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 30 Rx HP & Medical HP Merit Selection Reactor & Medical Health Physicists (HPs) have distinct and separate qualification programs yet have the same Physical and Biological Science position description. To support employee growth, an employee qualified for one should not be prevented from expanding their capabilities and applying for the other. A question arises during merit selection, Is one already qualified have an advantage over an applicant not qualified for a promotion selection? Generic Rating Factors would not give either an advantage. The Agencys Region 1 practice of combining the merit selection interview confuses employees that do not want to switch from their current qualification and find they may be interviewing for a position that they then may need to get qualified and have no interest to do so. The Union suggests the agency separate Reactor and Medical HP merit selection postings and interviews and more clearly communicate that the needed qualifications are not specific to either reactor or medical past experience. This will better inform those not selected already having the qualification, as to why the promoted employee will have to get the new position qualification and is in line with merit selection principles. 13-Mar-23 31 Term Appointments, 10-Year As the agency plans to extend 5-year temporary term appointments now out to 10-years, the Union would like to discuss the current span of positions and duration of existing term appointments. Discussion of what opportunities are presented to the term employee when their appointment comes to an end. 7-Mar-23 32 Workplace Matter Record Jenna, I look forward to jointly developing and keeping the ALMPC-Partnership Workplace Matter Record up to date. Attached is a spreadsheet that may help us to begin. For past issues not closed, suggest we jointly develop a position/closure statement for the Record and then indicate the matter closed. Partnership Charter D10 - Agency partnership issues will be tracked depicting: date management/union began consideration, and the date presented to the partnership. The workplace matter record will include a title and summary description developed solely by the party bringing the issue to partnership, along with the outcome and whether consensus agreement was achieved. Supporting reasons will be reflected when no consensus was achieved. The system will be posted quarterly on the agency website. 7-Mar-23 NRCC000008

7 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 33 Agency Notice to NTEU The Collective Bargaining Agreement in numerous places requires the Agency to provide notice to NTEU. Article 51 clearly states that the notice shall be sent to the NTEU Chapter President - Sheryl Sanchez. Understanding that Regional officers (CBA 51.2) have the authority to bind agreements, any associated regional issue requiring Union notice, is still required to be sent to the Chapter President. The Chapter President receives these formal notices at their official email address: NTEU, Chapter 208 <Chapter208.NTEU@nrc.gov>." The Union requests the Agency, differentiate these important notices from the abundance of email, by placing on the subject line of the Agency notice CBA NOTICE in capital letters. CBA Notices (30) to NTEU: 4.2 Formal Meeting 5.3 EEO recommendation 5.5 EEO plan/program 7.7 Telework position 17.11 Vacancy rating 18.1 Noncompetitive promotion 22.3 Awards 25.17 Appraisal 27.2 Transit Subsidy 35.1 Moves 35.2 Hoteling 35.3 Reorganization meeting 35.5 Emergency change 36.1 Day care 38.11 Toxic exposure 42.2 Working condition change 44.8 Discipline 2nd copy labeled Union 44.10 Discipline 45.8 Adverse Action 2nd copy labeled Union 45.9 Adverse Actions 46.7 Grievance where NTEU not representative 46.17 Grievance termination 46.18 Grievance 47.2 Arbitration 49.1 RIF advance notice 49.3 RIF specifics 49.4 RIF entitlements 49.5 RIF EEO 51.1 Notices 57.1 Open CBA 14-Apr-23 NRCC000009

8 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 34 Direct Hire Recently Posted Positions The Union represents employees and negotiated a Merit Selection Article in the Collective Bargaining Agreement to ensure a fair and completive process to fill vacant positions, especially those that enable existing employees to be promoted. Understanding Direct Hire authority allows the agency using discretion to bypass the regular hiring processes and fill positions without permitting existing employees to compete and that authority rests with the NRC Office/Region senior leaders. NTEU requests at each monthly ALMPC meeting the agency provide a list of direct hire positions posted the prior month and justification for not allowing existing employees their typical statutory rights to apply for the job. 5-Apr-2023 35 Revert MD12.6 from CUI back to SUNSI MD 12.6, previously was the agency guidance for SUNSI, (Sensitive Unclassified Information Security Program). The policy was changed on December 3, 2021 to document policy for the future implementation of CUI, (Controlled Unclassified Information Program) which was announced on April 21, 2023 to be indefinitely delayed beyond November 1, 2023. Over 2 years controlling policy from a website on such an important topic is not the proper control of policy. Thus, the Agency should consider reverting MD12.6 back to the earlier version that provided employees with detailed guidance for the control of SUNSI information. In the interim, the agency should validate the SUNSI website for accuracy, e.g., consistent marking of SUNSI-Sensitive Internal Information, since some offices are classifying newsletters as SUNSI.

Reference:

Agency Announcement YA-23-0025, Update Regarding the Implementation of the NRC CUI Program. 24-Apr-23 36 Cleared Alleged Harasser May Face Corrective Action An employee was cleared of wrong-doing and assured that no harassment has occurred. Yet the agency now breaks the harassment policy privacy provision and notifies management, stating that management may invoke corrective action. NTEU also questions many provisions of the email confidentiality notice and the policy for which it is based. 8-May-23 NRCC000010

9 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 37 Onboarding Guidance NTEU had no predecisional involvement with the new policy and best practices associated with onboarding new employees that involves many negotiated policies along with many new employee meetings. Subsequent Union involvement could result in a revision to improve the guidance and better onboarding of new staff. May 2, 2023 Employee Resource: New Onboarding Guidance and Best Practices The Office of the Chief Human Capital Officer (OCHCO) is pleased to provide the agency with an updated version of the Supervisors Guide to Onboarding, now known as Onboarding Guidance and Best Practices. This new version provides hiring managers and their offices with the tools to ensure new employees have a consistent and successful start to their NRC career. The document features: Onboarding Best Practices for Hiring Managers - Defines the onboarding process, provides tips on welcoming employees, how to assign an NRC Ambassador, and defines the agenda for the managers first one-on-one with the new employee. Onboarding Checklist - A handy checklist to ensure the new employee and hiring manager have everything they need for a successful start for the new employee. NRC Ambassador Program Overview - Overview of the program and includes a definition of the NRC Ambassador role. Onboarding Process Map - Snapshot of the process and defines each role with a swim lane. The Onboarding Guidance and Best Practices was developed by the #HireNRC Onboarding team who completed a comprehensive review of existing best practices, reviewed current versions of onboarding checklists from across the agency, and interviewed every office and region. This document provides a standardized framework that will ensure a consistent and successful start anywhere at the NRC. Offices and regions are encouraged to combine their current onboarding practices with this guidance. The team plans to modernize the checklist and tools with an Onboarding App in the coming months. If you have any questions, please contact Trish Gallalee via Teams. 8-May-23 NRCC000011

10 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 38 IT Special Salary Rate The recent May-11th In-Person Career Expo at the Marriott saw the longest lines of applicant interest at the Information Technology (IT) table. OPM has recently established a special salary rate for GS-5/7/9, IT professionals to provide a 30%-40% higher salary to be competitive with the private sector. The agency has placed this new salary IT special rate on the agency special salary schedule website without notifying NTEU of this change in working conditions. NTEU requests to discuss all changes to pay tables, other than cost of living increases for which the Union was not noticed. NTEU once receiving proper notice of the pay change to working conditions, may formally declare the right to bargain as stipulated in the Partnership Charter and Statute.

References:

Federal News Network Article - OPMs Special Salary Rate for federal IT employees narrows gap with private-sector pay NRC Special Salary Schedules OPM Special Rate IT GS-2210 OPM IT GS-2210 Qualification Standard 29 FLRA 19 - Union proposed salary structure declared by the FLRA to be within the duty to bargain under the Statute. 15-May-23 NRCC000012

11 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 39 Retract Inappropriate OCHCO Telework Approval Talking Points Memo to ODs In May-2021 NRC and NTEU reached tentative agreement on telework approval criteria during formal negotiations of Article 7, (Telework) of the Collective Bargaining Agreement (CBA). On September 13, 2021 Mary Lamary-OCHCO issued a memo to Office Directors and Regional Administrators entitled Talking Points for Office Directors in Reviewing and Approving Telework Agreements, directing senior managers not to post or share the memo content with staff. On May 15, 2023 an Arbitrator overruled the agency denial of telework based upon the OCHCO Talking Point Memo and reinstated the employees full-time telework schedule and documented: It Was Abuse of Discretion to Terminate the Grievants Full Time Telework Agreement Based upon the September 2021 Talking Points Memo. Abuse of discretion constitutes a failure to exercise sound, reasonable, and legal discretion, acting in an arbitrary or capricious manner by taking willful and unreasonable action without consideration or in disregard of facts or law, or without determining principle or to act without fair, solid and substantial cause, or by unfair process. The Agencys discretion has been expressly limited in a variety of ways under [CBA] Article 7 and it did not have sole discretion to terminate the fixed, full-time telework agreement as it posits. The Agency failed to correctly apply CBA Article 7, relying solely on mission imperatives and should be rare factors. It was arbitrary and capricious to consider only the extra-contractual criteria [Talking Point memo] to the exclusion of CBA contractual criteria. Arbitrary and capricious Agency errors include: Secret and unilateral implementation of broad and sweeping changes to the recently renegotiated Telework CBA Article. Implementation of a telework policy based on fundamental belief and vague or absolute terms, rather than upon evidence, a wide range of indicators related to organizational health and performance, and quantitative and qualitative assessments as delineated in the recent OMB telework memo. Attempt to use the mission imperatives standard to address Agency needs and best interests which arguably constituted bad faith and repudiation of the contractual telework criteria. NTEU requests the agency through the ALMPC, retract the CHCO Talking Point Memo and direct managers to approve ework based upon criteria in the negotiated CBA. 19-May-23 NRCC000013

12 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 40 ALMPC Membership Jenna, Please remove the four names (no longer Union officials) and add Richard Perkins to the ALMPC distribution list for future meetings. Could you reply with the eight management representatives? Thanx, ---Dale Union ALMPC Sheryl Sanchez Dale Yeilding Richard Perkins Ralph Costello Josh Kaiser Shawn Seeley Larry Criscione Tim Hennessey 26-May-23 41 Critical Race Theory (CRT) For DOD, the Secretary of Defense has stated: We do not teach critical race theory, we dont embrace critical race theory.... After defining CRT, the NRC might provide the agency position on teaching or embracing and provide guidance to the EEO Advisory Committees and staff. The Union after understanding the agency position would like to support communication. 26-July-23 42 EEO Complaint Settlement Discussions NTEU requests to discuss whether or not it has been the past practice to consider EEO complaint settlement discussions as a formal meeting and has been providing NTEU the notice and rights stipulated in the CBA and statute. CBA Article 4.2 states, The Union shall be given the opportunity to be represented at any formal discussion [as defined in 5 U.S.C. 7114 (a)(2)(A)] between one or more representatives of the NRC and one or more employees or their representatives concerning any grievance (to include settlement discussions on grievances, MSPB appeals and EEO complaints or ADR sessions, to the extent required by law) 24-July-23 43 Move HQs Operations Center 3WFN to OWFN NTEU requests predecisional involvement with the agency plans to move the Emergency Operations Center. Early collaboration in partnership would most likely reduce the statutorily required bargaining for the move of the Headquarters Operation Officers (HOOs and HEROs). See attached FLRA guidance. 10-July-2023 NRCC000014

13 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 44 EEO Alternate Dispute Resolution (ADR) Email Invite NTEU Appears SBCR has followed a provision of the CBA (4.2 and 5.7.4) by telephonically contacting NTEU to attend ADR sessions. NTEU requests the formal meeting notification to be documented with email or an electronic scheduler in the future. CBA ADR-Formal Discussion 5.7.4 EEO NTEU Representation - The Union will be notified of any formal discussion between the Employer and a bargaining unit employee not represented by the Union when the employee elects the EEO statutory process, consistent with law and Article 4, Section 4.2 of this Agreement. 4.2 Formal Meetings - The Union shall be given the opportunity to be represented at any formal discussion [as defined in 5 U.S.C. 7114 (a)(2)(A)] between one or more representatives of the NRC and one or more employees or their representatives concerning any grievance (to include settlement discussions on grievances, MSPB appeals and EEO complaints or ADR sessions 10-July-2023 NRCC000015

14 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 45 EEO MD-715 reports use of negotiated grievance data Jenna, Since raising the ALMPC issue regarding the MD-715 report, NTEU a member of all EEO advisory committees and DMAC has been excluded from an SBCR event. In an attempt to resolve the matter without escalation, Id like to request a meeting with OCHCO & SBCR to iron things out: Avoid an anti-Union ULP against SBCR, Avoid an information request concerning MD-715 for information I never knew existed in red below. Thanks for considering. ---Dale MD-715 C.4.d. Does the HR office timely provide the EEO office with access to other data (e.g., exit interview data, climate assessment surveys, and grievance data), upon request? [see MD-715, II(C)] D.1.b. Does the agency regularly use the following sources of information for trigger identification: workforce data; complaint/grievance data; exit surveys; employee climate surveys; focus groups; affinity groups; union; program evaluations; special emphasis programs; and/or external special interest groups? [see MD-715 Instructions, Sec. I] D.2.d. Does the agency regularly review the following sources of information to find barriers: complaint/grievance data, exit surveys, employee climate surveys, focus groups, affinity groups, union program evaluations, anti-harassment program, special emphasis programs, and/or external special interest groups? [see MD-715 Instructions, Sec. I)) If yes, please identify the data sources in the comments column. The EEO office regularly reviews sources of information to identify triggers and eliminate barriers including EEO complaints, grievance data, exit surveys, employee climate surveys, focus groups, affinity groups, union issues and concerns, program evaluations, anti-harassment program, special emphasis programs, reasonable accommodation program, etc. Element D - Proactive Prevention of Unlawful Discrimination The EEO office regularly reviews a variety of information to identify triggers and investigate whether barriers exist, including policies, practices, and workforce data; complaint/grievance data; exit surveys; employee climate surveys; findings of focus and affinity groups; union statements; and program evaluations 7-July-2023 NRCC000016

15 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 46 EEO MD-715 reports use of Grievance Information The recent EEO MD-715, entitled Federal Agency Annual EEO Program Status Report indicates a dozen times the word grievance. Many of the check boxes indicate, Yes - the use of grievance data. NTEU requests a meeting with agency staff responsible for this report, to justify how grievance information is used and more importantly reported. NTEU would like to jointly work together to improve the use of the grievance process to support the resolution of discrimination complaints. NTEU contact - Dale Yeilding. FY 2022 MD-715 Report. 3-July-2023 47 Union Membership Agency Annual Announcement - Electronic Now vs Past 1187 Form The agency recently issued the annual employee rights and Union membership announcement. NTEU request future announcement make reference to the electronic method used to join the union since the past paper SF1187 form is not frequently utilized. 30-June-2023 48 Uplift Employee Wellness The Union requests predecisional involvement to uplift at the NRC, the 8 Dimensions of Wellness: Emotional Physical Occupational Intellectual Financial Social Environmental, and Spiritual aspects as delineated in the recent May-2023 OPM, A Guide for Agency Leaders Employee Wellness Programs, and OPM Memorandum for Human Resources Directors. Initially, the parties may collaborate in the development of key performance indicators to quantify the agencys progress towards meeting the wellness goals. Provisions could involve granting time off for fitness activities currently authorized by OPM in their published Health & Wellness Q&A. 30-May-2023 49 Relocation Reimbursement Tax Burden Training When staff relocates to take new NRC positions, the process and consequences of relocation expenses, payments, and the resulting tax burdens are complex. For example, a typical relocation may result in an additional $100K of taxable income due to move expenses, including payments directly to contractors for services such as household goods transportation. Not all the additional tax liabilities are reimbursable, and for those which are (partially) reimbursable, there is a series of reimbursements for which the actual claims process and consequences can be unclear. Decisions staff makes related to when and where expenses are incurred and reimbursed can significantly affect the resulting tax burden. Staff would benefit from clear training and guidance on both reimbursement for move expenses and the consequences of various decisions on the resulting tax burden to facilitate optimal planning and decision making regarding the move. 4-Aug-2023 NRCC000017

16 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 50 Mental Health Reporting and Your Security Clearance NTEU plans to embark on a staff education initiative regarding mental health reporting and your security clearance considering the information in a recently issued Leidos Whitepaper. The Union would like to collaborate with the agency so as to transmit mutually agreed information. Government Executive Article: Study: Mental health stigmas persist throughout the security clearance process 15-Aug-2023 51 Emergency Evacuation Past evacuation procedures involved many positions that monitored space, stairways and provided assistance for disabled employees. The Union requests the agency review these procedures and evacuation assignments to ensure that now with reduced occupancy, employees that occupy the building are safe, assisted with evacuation and accountability is maintained in the event of an emergency. 5-Sept-2023 52 OMB Directs Organizational Health Initiatives to be Coordinated with Unions The Agency Yellow Announcement YA-23-0094, December 14, 2023 formally established the Agency Culture and Strategic Solutions Teams fostering organization health. OMB directed in Memo M-23-15 that agencies should inform organizational health efforts by engagement with employee unions. NTEU advises these two new teams to ensure all involvement with bargaining unit employees (e.g., formal meetings) on organizational health issues associated with conditions of employment include the Union to align with labor-management statutory obligations and to void bypassing the Union. OMB Memo: Measuring What Matters - Organizational Health and Performance, April 13, 2023 19-Dec-2023 53 HOO Adobe licenses The Headquarters Operation Officers need additional Adobe Licenses to perform their job. 7-Dec-2023 54 Commission Withdraws EDO Delegation of Authority to Negotiate with NTEU In Chair Hansons telework vote paper (ML23303A198), he identifies the Commissions majority denial of the Telework-Flexible Work Model (overriding the EDO/Agency agreement with the Union) has consequences due to the Commissions lack of direction going forward. Chair Hanson explains, The Commission unless it explicitly defines the limits of the withdrawal of the [EDO] delegation or delegates this authority back to the EDO, is now responsible for negotiating with NTEU Managers responsible for committing to all future negotiated agreements with the Union must have the authority to do so to be in compliance with 5 CFR 7114(b)(2) of the labor-management relations statute. 6-Nov-2023 NRCC000018

17 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 55 Security is a Management Right yet still "Negotiable" Jenna, Agreed at the partnership meeting yesterday, you pointed out that Security is a management-right, sorry I was not quick enough to respond to remind attendees that all management rights still must undergo impact & implementation bargaining associated with procedures and arrangements regarding any management-right. 5 USC 7106(b)(2&3). For example at a future bargaining session we might address: The SUNSI procedure currently lacks a clear identification of the level of sensitivity for the marking threshold. SUNSI Category-Includes any predecisional information that rises to a level of sensitivity to justify it being protected as SUNSI....A subject matter expert should make a determination whether the specific predecisional information rises to a level that requires protecting it as SUNSI. A better arrangement could certainly be established to bring the marking of the Union document being scrutinized in a more expedited manner, especially the potential spill of all the emails and preliminary documents that lead to the creation of the SUNSI marked Union proposal that appears to lack any knowledgeable official to portion mark the sensitive information. 27-Oct-2023 56 Detail New Time Limit and Temporary Promotion Elimination A recent agency announcement has changed provisions of the negotiated Detail policy documented in the Collective Bargaining Agreement. The announcement made a change to place a one-year time on a detail when no such limit was negotiated. The announcement also limited details to the same grade whereas the negotiated agreement allows for a detail temporary promotion. These changes should be immediately retracted. Implementation of a change to conditions of employment especially a negotiated condition without notice to the Union could place the agency susceptible to an Unfair Labor Practice. 12-Oct-2023 NRCC000019

18 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 57 Harassment Investigation with Notice of Employee Right to Union Representation Employees have the Weingarten Right to Union representation afforded by 5 USC 7114(a)(2)(B) and CBA 2.4. The OIG agreed to notify employees of this right before beginning an investigative interview afforded by CBA, 2.5.3. The agencys current harassment notice includes a confidentiality statement that prevents the employee under investigation from seeking Union Representation. That statement should be removed and replaced with language like CBA, 2.5.3 used by the OIG. Excerpt from OCHO Harassment Investigation Notice: My name is ________ and I am a Contractor working within the Policy, Labor and Employee Relations Branch (PLERB), Office of the Chief Human Capital Officer (OCHCO). I work with ________, the current designated official for the NRCs Policy and Procedure for Preventing and Eliminating Harassing Conduct in the Workplace (the Policy). PLERB is charged with reviewing matters brought forth under the Policy, making determinations with regard to conducting an inquiry and, as appropriate under the Policy, conducting or overseeing inquiries. As required under the Policy, it has been brought to our attention that you may have engaged in actions in violation of the Policy. ______ has asked me to review allegations that may align with conduct prohibited under the Policy. I am conducting a confidential inquiry. I would like to discuss these allegations with you as soon as feasible. Please note that this is a confidential process and therefore it is imperative that you do not discuss this matter with others. Retaliation or reprisal against an individual who has made a complaint under this Policy, or who has provided information in connection with a complaint is strictly prohibited. 11-Oct-2023 58 EOC Move Timeline Jenna, Your timeline in Q3 below is missing complete negotiations or PDI with the Union and reach agreement (MOU) for the move procedures and arrangements. 10-Oct-2023 59 Security Clearance Continuous Vetting OPM last week announced Continuous Vetting of Security Clearances will apply to the excepted service and necessitate Union notification. NTEU requests pre-decisional involvement (PDI) with implementation at the NRC understanding that formal negotiation of associated procedures and arrangements is not waived. 10-Oct-2023 60 Rotations and Solicitations NTEU requests the agency verify that the hundreds of Rotational Opportunities and Solicitations of Interest are up to date since many are years old. 3-Oct-2023 61 NRAN Pass/Fail Appraisal System Before the agency considers any further extension of any pass/fail appraisal systems, NTEU requests predecisional involvement (PDI) and to be jointly involved in the development of a survey to the affected past employees. NTEU would expect notice and the opportunity to bargain any further Agency plans to continue to expand the Pass-Fail (PF) appraisal system with variance from the system depicted in the CBA. 2-Oct-2023 NRCC000020

19 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 62 Library Space Reduction The Technical Library Advisory Board announced in August the potential 35%-60% reduction in space coming in Late FY2024. NTEU requests pre-decisional involvement before the final decision which would then require NTEU notice and move the matter into traditional bargaining. 22-Sept-2023 63 Union Support for Drug-Free Workplace Under the provisions of the agency drug free workplace plan (NUREG/BR-0134, I.F Union Rights), NTEU would like to collaborate with the agency to seek ways to enhance employee confidence in the program by engaging employees in newly developed orientation programs to clearly identify the many now state legal ways that Cannabidiol (CBD) can result in a failed random drug test. NRC Drug Free Workplace Plan, NUREG/BR-0134, Rev. 3 I.F: Union Rights The active participation and support of NTEU, which serves as the exclusive representative of the NRCs bargaining unit employees, can contribute to the success of this program. Management will seek ways in which bargaining unit representatives might assist in program implementation, such as by acquainting employees with rehabilitation facilities and by enhancing employee confidence in the program. Management will continue to observe agreements already reached, will include union representatives in general orientation programs, and will continue to meet its obligations under Title VII of the Civil Service Reform Act of 1978. Examples to consider for further clarification from the Personnel Security Portal: Will the average NRC employee understand this 12 minute video: Cannabidiol/THC and the Federal Workplace Cannabidiol: Food and Drug Administration Updates 12-Sept-2023 64 Emergency Evacuation Past evacuation procedures involved many positions that monitored space, stairways and provided assistance for disabled employees. The Union requests the agency review these procedures and evacuation assignments to ensure that now with reduced occupancy, employees that occupy the building are safe, assisted with evacuation and accountability is maintained in the event of an emergency. 5-Sept-2023 65 OMB Directs Organizational Health Initiatives to be Coordinated with Unions The Agency Yellow Announcement YA-23-0094, December 14, 2023 formally established the Agency Culture and Strategic Solutions Teams fostering organization health. OMB directed in Memo M-23-15 that agencies should inform organizational health efforts by engagement with employee unions. NTEU advises these two new teams to ensure all involvement with bargaining unit employees (e.g., formal meetings) on organizational health issues associated with conditions of employment include the Union to align with labor-management statutory obligations and to void bypassing the Union. OMB Memo: Measuring What Matters - Organizational Health and Performance, April 13, 2023 19-Dec-2023 NRCC000021

20 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 66 Mid-Term Bargaining CAC Code Restriction The Union has appointed several Union representatives on various bargaining teams. The mid-term bargaining CAC code ZG0049, Mid-Term Bargaining, appears to have an incorrect restriction allowing only stewards to use the CAC code. CBA Article 52.4, Non-Allocated Official Time Functions, governs mid-term negotiations without any restrictions on Union representatives having to be an appointed steward. Until such time that the agency corrects the restriction, Union representatives participating in the many ongoing negotiations experiencing this restriction will charge to the Partnership CAC code, ZG0017. 23-Jan-2024 67 Federal Salaries not Tied to Private Sector Pay Histories A recent OPM Rule (Advancing Pay Equity in Government wide Pay Systems) prohibits agencies to set pay based on non-Federal salary history and competing offers. Management Directive 10.41, Pay Administration II.A.2.(c)&(d) will need to be changed to be in compliance with the new rule by October 1, 2024. The Union suggests earlier implementation to reduce the inequity and pay gap between men and women. GovExec Alert-OPM Fed Salaries 29-Jan-2024 68 EEO Training for Stewards The agency has not offered Union Stewards EEO training for quite some time. The Union requests Stewards be permitted to attend the EEO virtual training announced on 2/14/2024. Employees have two alternatives to process an EEO concern, 1) EEO complaint with a counselor, or 2) EEO grievance with a steward. Properly trained Union representatives advising employees on EEO matters will make the NRC a better place to work. CBA 5.4 EEO TRAINING NTEU will be permitted to send one representative to attend each training session for EEO counselors as an observer. Any travel expenses associated with attendance at such training by an NTEU representative will be borne by NTEU. 15-Feb-2024 69 Offsite HQs Drug Testing The Union request pre-decisional involvement in any agency plans upon vacating the TWFN 6th floor and not retaining the drug testing facility at the HQs campus. There would be many necessary procedures and arrangements to be negotiated regarding employees being tested off campus. 20-Feb-2024 70 OPM Report on ALMPC Effectiveness Bidens recent Executive Order Promoting Labor-Management Forums, tasks NRC-NTEU to report in 180 days to OPM, an implementation plan regarding the Unions predecisional involvement resulting in joint solutions. The report should also gauge staff satisfaction resulting from the ALMPC and Office/Regional Partnerships. Development of the 2010 charter-described issue tracking system and closure of the many (~60+) outstanding issues in the next 180 days may reflect in the report, a better collaboration effectiveness between labor and management. 18-Mar-2024 NRCC000022

21 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 71 Union Notification Before Changing Employee Bargaining-Unit Status On January 26, 2023, OPM issued a memorandum titled, Guidance on Implementation of EO 14025: Addressing Whether Non-Bargaining Unit Positions are Correctly Excluded from Bargaining Unit Coverage. The initiative was intended to promote Union representation of employees. NTEU needs predecisional involvement to ensure the agency does not expand this initiative to inappropriately scrutinize bargaining unit employee classification to eliminate their Union representation. Agency must at a minimum notify bargaining unit classification changes under CBA, 1.5 to provide employees and the Union an opportunity to seek the FLRA clarification of unit for the Agencys mistaken classification changes 20-Mar-2024 72 Agency Announcement-Notice to NTEU Lacking Time to Comment OCHCO notified the Union of a proposed announcement concerning health and safety, a topic negotiated in the CBA, Article 38. After the Union requested a briefing on three areas, the agency issued the announcement 9 hours later lacking Union collaboration. Under the provisions of Partnership predecisional involvement, especially in previously negotiated areas, collaboration should ensue prior to implementation. 6-May-2024 73 Workforce Health & Safety Mailbox The agency announced on May 3, 2024, a new mailbox to collect employee concerns. NTEU must have an opportunity to review the issues to prevent agency circumvention and needs access to the mailbox or a monthly review for collaboration with the agency on any important issues to elevate to the ALMPC. The Agencys announcement, intervening with the Unions representational responsibilities could have been clarified to provide employees with an alternative to contact their Union vs isolating the Union with an Agency-Only mail box. 6-May-2024 74 Workplace Safety Plan NTEU requests predecional involvement in the agencys development of a new Workplace Safety Plan announced on May 3, 2024. NTEU retains the right to claim any changes in conditions of employment are already covered-by the negotiated provisions in the Collective Bargaining Agreement, Article 38. 6-May-2024 75 Pre-Decisional Involvement Before Formal Negotiations The agency should delay notifying NTEU of their statutory requirement of a change in conditions of employment (e,g., reorganization, etc.) until the associated office or regional partnership has exhausted their pre-decisional involvement to reach agreement. Formal NTEU notification invokes a deadline to move into negotiations which might not provide sufficient time to reach agreement in partnership. See NTEU/NRC Partnership Charter, C.4 and F.3 and 21.b. See CBA, Article 42.2 and 5 USC 7103(a)(12&14) 8-May-2024 NRCC000023

22 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 76 ALMPC Agenda: Rotational Assignment Applications The agency posts rotational assignment applications for employees to respond. NTEU requests discussion on how the comparison of separately submitted applications (CBA 19.7.3.2) is accomplished by the existing process to fill posted rotational opportunities and whether the back filling of the rotated employees temporarily vacated position (CBA 19.7.4.3) is actually being performed. The posting of an opportunity by an office or region as a rotational assignment may be more correctly classified as a detail if in fact the posting office has a need for the FTE, YA-24-0031 (Time Charging While on Temporary Assignments.) Yellow Announcement: YA-24-0031 Rotation - While on internal rotation, all staff and supervisors should report their time to Cost Activity Code (CAC) TM3102, NB-Development Rotation. Time recorded while an employee is on a rotation gets charged to their home office. Detail - When an employee is detailed to a new position or assignment, their time should be charged to the CAC(s) associated with the work-24-0031 tasks they are performing. If the detail is to a supervisory position, staff should charge time to the relevant Supervisory CAC. Time recorded while an employee is on a detail gets charged to the gaining office. 15-May-2024 77 Change to Physical Examination Frequency Physical Examination frequency past practice has been every 2-years under the provisions of the Collective Bargaining Agreement, Article 38, Health and Safety. An Agency proposed change to that frequency to the employee birth month, extending the existing frequency past 2-years would be a change to conditions of employment and require Union notice under our negotiated agreement and 5 USC Chapter

71. Implementation prior to reaching agreement with the Union could place the Agency susceptible to a ULP.

21-May-2024 78 Safe Leave The agency is tasked by OPM Memo (CPM 2024-11, May 15, 2024) to update their policies and practices such that employees are provided with the time off they need to keep themselves and their families safe. Safe is with regards to employees or their family members whose personal safety is threatened due to domestic violence, dating violence, sexual assault, stalking, and related forms of abuse or harassment. OPM Fact Sheet: Time Off for Safe Leave Purposes 22-May-2024 79 Sons & Daughters Prohibited Summer Interns The agency allows sons & daughters to work at the NRC but prohibits sons & daughters to be summer interns since interns are appointed and not competitively selected. The appearance of illegal nepotism can be avoided if the intern appointing official is simply not a parent of an intern applicant. Sons & Daughters should have fair and equal treatment regarding internship which provides a considerable advantage for permanent employment after graduation. 23-May-2024 NRCC000024

23 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 80 Position Description Completeness Employees have been identifying issues related to their Position Descriptions (PD), e.g. not showing scores at the top, not signed, some have the employees name and others simply generic. The controlling management directive also permits pen & ink changes, which then raises questions whether the changes received a classification review possibly changing the grade. The agency should communicate PD requirements for employees to use to validate their PD. OPM advises employees Performance Elements and Standards (E&S) should be based upon the PD which is not the agency practice since some offices/regions have standardized the same E&S for all their staff. OPM PD Standards - All position descriptions must include a statement signed by the immediate supervisor certifying to the accuracy of the position description. OPM Classifiers Handbook - Recording the Results - Each position classified by an FES standard must have a record of the classification judgments made. At a minimum, the point values for each factor, the total point values, and the General Schedule grade must be shown on, or attached to, all copies of the position description. 24-May-2024 81 OCHCO Confirmed Monster/USA Jobs Failure OCHCO has confirmed that application documents are not coming through to the NRC for some vacancy announcements submittals. NTEU requests to collaborate with the agency to announce this failure to staff and not reject any applications until the failure can be corrected and validated functional. The NTEU contact for this issue is Michelle Sutherland. 30-May-2024 82 Rotation of Assignment Ending - Signed Employee Agreement Appears the Agency has made a change to the rotation policy to require employees to sign a Statement of Understanding, regarding ending a temporary promotion. The Agency and Union should engage in partnership predecisional involvement before such changes are initiated. U.S. NRC STATEMENT OF UNDERSTANDING FOR NONCOMPETITIVE TEMPORARY PROMOTION You have been selected for a noncompetitive temporary promotion not-to-exceed DATE. This temporary promotion cannot be extended beyond QUANTITY days and cannot lead to a permanent promotion without further competition (NBU positions - 180 days). Management retains the right to extend for a total of QUANTITY days or terminate this promotion on or at any time prior to the not-to-exceed DATE. You will be returned to the position from which you were temporarily promoted or to a different position of equivalent grade and salary. This termination and return is not subject to any adverse action or reduction-in-force (RIF) procedures. Upon completion or termination of this temporary promotion, your salary will be adjusted to that which you were paid immediately prior to the temporary promotion, plus any within grade increases which you would have been granted had you remained in your permanent position. A temporary promotion may not be used as the basis for retained grade or pay. 3-June-2024 NRCC000025

24 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 83 Spill-Partial Truncated SSN is PII The agencys corrective action for failure to withhold Union dues is to initiate collection through payroll deduction. The agency is transmitting via email a form (A-04. Collection (by Payroll Deduction) of Government Indebtedness) that includes an employees name and their truncated social security number for the numerous Agency overpayments. OBM Memo M-17-12 identifies this as Personally Identifiable Information, (PII). The agency should take appropriate action to report a breach of PII for the many transmittals. OMB Memo, OMB M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information Appendix I: Model Breach Reporting Template This appendix includes examples of data elements and information types that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual Data Elements and Information Types Social Security number Truncated or Partial Social Security number 10-June-2024 84 Paid Parental Leave Documentation Lacking The Agency and Union should publish negotiated policy associated with Paid Parental Leave, CBA, Article 15.3, 5 CFR Subpart Q-630.1701-1708 and 5 USC 6382(d)(2)(B)(i). The OCHCO Paid Parental Leave (PPL) website references a 2020 expired Yellow Announcement, YA-20-0065. That 4-year-old announcement has a link to a PPL Key Features guidance document that is dated 2 weeks ago without notice to the Union for the opportunity to bargain these newly created procedures and arrangements, committing an Unfair Labor Practice, 5 USC Chapter 71. The agency and union negotiated PPL during Collective Bargaining and documented the policy in CBA Article 15.3 (Nov-2021), which the Agency does not reference on their website. The Union and agency should accurately communicate this benefit to employees that permits time off without expending sick leave nor annual leave. 13-June-2024 85 SBCR Reports False Agency FEVs Standings to EEO Commission Based on the website, 2023 Best Places to Work in the Federal Government Rankings, the NRC is rated 23/26 for midsize agencies. On pages 17 and 139 of the 2023 NRC MD-715 Annual EEO Program Status Report, the agency falsifies the Agency FEVS standings. On page 139/215, it states, The NRC has consistently ranked as one of the best places to work in the Federal Government, based on the results of the Office of Personnel Management (OPM) Federal Employee Viewpoint Survey (FEVS), published by the Partnership for Public Service and Boston Consulting Group. On page 17/215, it states, According to the 2023 FEVS results, the NRC remains a best place to work in the Federal Government. 25-June-2024 NRCC000026

25 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 86 Harassment Investigation Union Interference OCHCO harassment investigators by silencing those to be interviewed with a directive to not discuss the matter with others, inappropriately discourages the person about to be interviewed to seek Union representation. From: SBCR Sent: Monday, July 8, 2024 2:02 PM To: NAME

Subject:

NRC Anti-Harassment Policy Good afternoon NAME, Please note that this is a confidential process. It is imperative that you not discuss this matter with others. Also, retaliation or reprisal against an individual who has made a complaint under this Policy, or who has provided information in connection with a complaint is strictly prohibited 9-July-2024 87 Newflex Discretionary Workday Start/Stop Expanded Times The attached chart was NTEU-NRC jointly produced back in 2009 when the NewFlex work schedule was implemented to document the regional administrator and office directors discretion. These workday start and stop expanded times should be linked for employee access on the agencys website. See NTEU-NRC 2009 CBA transition agreement provision #6, ODs and RAs will initially consider exercising their contractual right to reduce core hours and extend the working day for their entire office or region by November 1, 2009. 16-July-2024 88 Advance Pay Equity OPM Requested (Memo CPM 2024-13) a pay gap analysis as related to Diversity Equity and Inclusion. The Union requests pre-decisional involvement. 23-July-2024 89 Incomplete Discipline Report Agency Report of Disciplinary Cases Lacks description as required by the Collective Bargaining Agreement, 44.10. The CBA provision properly followed, would avoid the extra effort for both the Union and Agency to process a statutory information request under 5 USC 7114. Type of Action Action Date Decision Date Decision 1 Reprimand 1/10/2024 N/A N/A 2 Suspension 2/5/2024 N/A ADA - in lieu of 5-days suspension 3 Suspension 3/7/2024 N/A ADA - in lieu of 5-days suspension 4 Reprimand 05/10/2024 N/A N/A 25-July-2024 90 IT Tracking Employees Work Start/Stop Times The Agency/Union reached agreement in August-2010 to not use PIV Cards for routine time and attendance issues. The Union seeks a similar agreement involving the various Information Technology capabilities to do the same. The PIV card is used to log into and out of the Agencys network both while teleworking or working in-office. Attached: See NTEU Bulletin Article 30-July-2024 NRCC000027

26 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 91 Partnership Website Platform Change The Partnership Charter, provision F.10 calls for all offices/regions to post the meeting minutes all together on the partnership website along with any partnership agreements. Reported at the OE partnership today, OCHCO is moving the partnership website platform which may restrict postings until the change is implemented. Posting should continue as agreed to the existing partnership website with all information moved at the same time to the new platform. 12-Aug-2024 92 Retaliation Procedure Inappropriately Prohibits Grievance The ARRSC procedure incorrectly prohibits the filing of a grievance on a retaliation claim. Retaliation is a violation of Merit System Principles, 5 USC 2301(9) and Prohibited Personnel Practices, 5 USC 2302(b)(8) and the CBA, Article

3. Statute allows a grievance to claim any violation of law and thus the non-grievable provision in the ARRSC policy should be removed.

19-Aug-2024 93 NRAN Appraisal at Each Rotation During the 2-year NRAN program, the new employees participate in three, 5-month rotations of assignment. The Collective Bargaining Agreement (CBA), Article 25.14 calls for the rotation supervisor to provide performance feedback that meets the requirements of the negotiated agreement. Furthermore, CBA 19.3 requires the evaluation of their performance to ensure the performance feedback is quantified. The Union and agency agreed that a performance rating of Outstanding or Excellent would make the NRAN employee eligible for performance award consideration. Thus, NRAN employees should receive a rating against the Elements & Standards documented standard that includes required justification for exceeding the standard with a performance evaluation of Excellent or Outstanding, (CBA 25.7.2) making them eligible for award consideration. Higher performing NRAN employees could then join ~90% of staff that are rated E or O. The previous NRAN class evaluated on a pass/fail standard was deprived of this award consideration. 23-Aug-2024 94 Position Management The Partnership Charter (C.5) opens agency staffing and position management for labor-management discussion. NTEU requests a copy of the OCFO established staffing ceilings for each office (MD 10.38,D.1) and the most recent annual staffing plan developed by each Office Director and Regional Administrator, (MD 10.38,F.2). NTEU leaders will collaborate with the office/region labor partners to open discussions related to this information and how to interface with their managers at the partnership table, on any future proposed changes to staffing plans. 29-Aug-2024 NRCC000028

27 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 95 Transparency of Grade Controlling Duties The Advance Act calls for the agency to be efficient and effective a couple of dozen times. Efficiency & Effectiveness are defined in Management Directive 10.38, Position Management. Section G.7 places a responsibility on Managers and Supervisors to: Ensure that the grade controlling duties in a position description are performed at least 25 percent of the time. Managers should ensure the grade controlling duties are clearly delineated to staff to ensure supervisors are aware when they are performed to validate the base 25% requirement is achieved. If the grade controlling duties are unknown, OCHCO classifiers should collaborate with supervisors to annotate the duties within the position description so that employees are knowledgeable of their grade controlling duties. 29-Aug-2024 96 Benefits of Registered Apprenticeship Program Executive Order 14119, Scaling and Expanding the Use of Registered Apprenticeships in Industries and the Federal Government and Promoting Labor-Management Forums, Section 5 states: (d) In consultation with Federal unions through Labor-Management Forums, agencies shall identify opportunities for current Federal employees to access and benefit from a Registered Apprenticeship program. (e) Agencies shall establish training, mentorship, and career-development services within Registered Apprenticeship programs to support employee development and retention. The Agency and Union may complete this Presidential directive to consult together under the provisions of the established Partnership Charter. 3-Sept-2024 97 Satisfaction Metrics Labor-Management/Partnership In response to EO 14119, the Agency reported to OPM: Using the guidance provided to agencies by OPM, establishing baseline metrics to measure the forums impact on employee satisfaction, manager satisfaction, and organizational performance will be a priority. 3-Sept-2024 98 State of Labor Relations Baseline Assessment In response to EO 14119, the Agency reported to OPM: NRC and NTEU will establish a baseline assessment of the current state of labor relations in the AgencyAvailable survey data will be analyzed. We believe that this approach will provide us with a well-rounded assessment of the current labor relations environment. The agency may consider using a contractor to survey employees and managers. 3-Sept-2024 99 Gather Data on Union Matters In response to EO 14119, the Agency reported to OPM: The parties will gather data on current levels of grievances and unfair labor practices; time required to negotiate changes in personnel policies and practices and other matters affecting working conditions; and union pre-decisional involvement. 3-Sept-2024 NRCC000029

28 l P a g e NTEU-NRC Labor/Management Forum/Partnership Issues Updated - September 3, 2024 Title Summary Date 100 Partnership Impact on Mission-Productivity-Cost In response to EO 14119, the Agency reported to OPM: Another key step will be developing a process for isolating the impact of the forums and pre-decisional engagement on areas such as mission accomplishment, productivity gains, and cost effectiveness. OPM may provide additional guidance in this area. 3-Sept-2024 NRCC000030}}