ML25035A068
| ML25035A068 | |
| Person / Time | |
|---|---|
| Issue date: | 02/13/2025 |
| 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: |
| References | |
| CORR-25-0007, LTR-24-0261 | |
| Download: ML25035A068 (1) | |
Text
Attachment D Document Title Page Collective Bargaining Agreement between U.S. Nuclear Regulatory Commission and National Treasury Employees Union (effective November 15, 2021) Management Only Guidance NRCD000001
Collective Bargaining Agreement between U.S. Nuclear Regulatory Commission and National Treasury Employees Union (effective November 15, 2021)
Management Only Guidance Do NOT Disseminate NRCD000001
Training Objective Familiarity with the Labor Relations in the Federal Sector and the new Collective Bargaining Agreement between the U.S. Nuclear Regulatory Commission and the National Treasury Employees Union (NTEU)
NRCD000002
Agenda Brief Intro to Labor Relations Formal Meetings - Article 4 Official Time - Article 52 Union Access to NRC Facilities - Article 53 Disciplinary Action - Article 44 Adverse Action - Article 45 Grievance Procedures - Article 46 Part I NRCD000003
Agenda Merit Selection Procedures - Article 17 Equal Employment Opportunity - Article 5 Moves and Work Space Changes - Article 35 Physical Fitness Activities - Article 37 Health and Safety - Article 38 Travel - Article 40 Part II NRCD000004
Agenda Weather and Safety Leave - Article 14 Other Leave Provisions - Article 16 Sick Leave - Article 11 Family Leave - Article 15 Compensatory Time - Article 29 Part III NRCD000005
Agenda Telework - Article 7 Work Schedules - Article 6 Part IV NRCD000006
Introduction to Labor Relations
- NTEU is the exclusive representative for bargaining unit employees in the NRC as certified by the FLRA in 1978
- Professional and Nonprofessional employees are in the one bargaining unit - NTEU Chapter 208
- Supervisors, Management Officials, Confidential Employees, Personnelists, Investigators, and National Security employees are excluded from the unit NRCD000007
Union Rights Entitled to act for, and negotiate collective bargaining agreements covering all employees in the unit Be given the opportunity to be present at any formal discussion Advance notice of changes to working conditions (15-workdays)
NRCD000008
Management Rights To determine the mission, budget, organization, number of employees, and internal security practices To take whatever actions may be necessary to carry out the Agency's mission during emergencies NRCD000009
Formal Meetings - Article 4 Union has the right to be present at formal/meetings Any grievance, personnel policy or practice or general conditions of employment One or more Bargaining Unit Employees Requires Advance Notice Conditions of Employment Personnel Policies and practices (which includes past practices)
Matters affecting environmental and administrative aspects NRCD000010
Discussions That Are NOT Formal Work assignments Performance appraisal Progress reviews Performance counseling Counseling on conduct Issuing discipline NRCD000011
Weingarten Rights Employee has a right to request union representation at any investigatory meeting that the employee reasonably believes might result in disciplinary action The union does not have an independent right to attend such interviews Annual Notice NRCD000012
Official Time - Article 52 NTEU maintains two full time positions Each allocated 100% official time NTEU representatives are allowed to perform representational duties during the work day on Official time Representational duties can consist of: meeting with employees; grievance/arbitration prep; represent employees at disciplinary/adverse actions; partnership meetings It does not consist of internal union business: elections, voting, membership meetings Time must be properly coded in HRMS using the appropriate CAC -
ZG0017/29/39/49/59 NRCD000013
Union Access to NRC Facilities - Article 53 Agency agrees to provide NTEU with an enclosed office with secured access at HQ for its exclusive use NTEU no longer has access to second office in TWFN Agency agrees to ensure enclosed office space for representational activities in the regional offices.
NRCD000014
Disciplinary Actions - Article 44 Actions Based on Misconduct (normally not performance)
Letters of Admonishment, Letters of Reprimand, Suspension of <15 days Oral and written counseling are non-disciplinary actions Employees have right to respond to conduct related counseling within 10 days Progressive discipline may be applied Due Process (proposal, reply, decision)
Appeal Rights Alternative Discipline NRCD000015
Adverse Actions - Article 45 Actions Based on More Serious Misconduct Removals, suspensions of >14 days, reductions-in-grade or pay, or furloughs for 30 calendar days or less Progressive discipline may be applied The Douglas Factors Due Process (proposal, reply, decision)
Appeal Rights Alternative Discipline NRCD000016
Negotiated Grievance Procedures - Article 46 What can be grieved?
Individual grievance Union/employee - any matter related to employment of an individual bargaining unit employee Institutional grievance Union/employee/agency-effect, interpretation, or violation of negotiated agreement or misapplication of any law, rule, or regulation affecting employee condition of employment NRCD000017
Negotiated Grievance Procedures - Article 46 cont'd Grievances may occur because:
Miscommunication Actual or perceived wrong or unfair treatment Mistakes Different interpretation of rights and obligations Majority of NRC grievances are related to performance appraisal ratings NRCD000018
Negotiated Grievance Procedures - Article 46 cont'd Grievance Procedures in short:
Employee/union files grievance with PLERB/manager PLERB schedules Step A grievance meeting At the Step A grievance meeting, employee/union present their grievance and requested remedy(ies) to the Step A Official Step A Official renders decision with consultation from PLERB Employee/union have option of filing appeal to the Step B if they are unsatisfied with the Step A decision Step B decisions can be appealed only at NTEU's election to Arbitration NRCD000019
LER Specialist Please contact your servicing LER Specialist if you have any questions NRCD000020
Merit Selection Procedures - Article 17 Significant changes mainly related to:
Clean up and update article Aligning procedures for BU with NBU to the extent possible Expedite hiring process NRCD000021
Aligning with the MD Time limited non-competitive temporary promotions extended to 120 calendar days from 90 days (NBU up to 180 days).
Two-person panel required for 10+ qualified applicants; single rating official may be used for 7-10 qualified applicants; qualified applicants can be directly certified (w/o rating and ranking) when there are fewer than 7 qualified applicants All applicants in the highest rating category (typically "A") will be placed on the CERT and considered first Previously only the top 5 applicants within 0.4 of the highest-ranking applicant could be certified and placed on the BQL for consideration NRCD000022
Other Changes - Article 17 Minimum number of days for vacancy announcements being posted decreased from 16 to 10 calendar days Evaluations and ratings will be based on any and all information "requested" rather than "provided" Active BQLs can be used to fill other identical positions Previously could only reuse BQLs for identical positions within the same office/region NRCD000023
More Changes - Article 17 Promotions involving change in duty station - employees are given 10 calendar days from offer date to accept the position Previously employees had 30 calendar days to accept the position Notification of ineligibility or not referred will be communicated as soon as feasible after the determination is made Previously communication occurred only after the selection was made Priority Consideration holders can choose not to exercise their priority consideration right on the first occasion a position is offered, but must exercise their right the next time or the right will expire NRCD000024
Equal Employment Opportunity - Article 5 Broadened EEO discrimination language in accordance with new caselaw Updated process for more defined and clearer steps to EEO process Added discussion on the alternative dispute resolution program Clarified that recommendations resulting from EEO advisory committees will be shared with NTEU and Agency consideration at the same time Previously language stated that NTEU would hear recommendations before the Agency NRCD000025
Moves and Work Space Changes - Article 35 Increase in the size of the work space of at least 15% deleted as "significant improvement" criteria Standardized single formula (HQ) formula for seat selection:
(2.5 x Grade) + years of NRC service Employees out of the office for 60% or more of the pay period are not entitled to choose a workstation. The workstation may not be the same each workday that the employee is in the office Hoteling as a form of seat selection was added but procedures must be negotiated prior to implementation NRCD000026
Physical Fitness Activities - Article 37 Eliminated reference to NRC Form 689 Updated language to be more consistent with current available work schedules and practices NRCD000027
Health and Safety - Article 38 Reaffirmed Joint-Labor Management Occupational Safety and Health Committees to discuss issues related to office building structures Updated first aid supply language. Agency will provide first aid supplies in each NRC location Employee incapacitation at work-manager/employee will, to the extent feasible contact appropriate emergency services or assist the employee in making arrangements to return home NRCD000028
Travel - Article 40 Changes mainly related to:
Bring Article in alignment with applicable laws and the Federal Travel Regulation (FTR)
Update organizational references NRCD000029
Highlight of Changes - Article 40 Updated language related to pay for travel outside of normal duty hours to reference the applicable laws and FTR Defined Official Duty Station: location where the work activities of the employee's position of record are based Designated on SF-50 Employees voluntarily returning to a Permanent Duty Station on non-workdays will be given the maximum reimbursement for what they would have been given had they remained in the TDY location Restatement that local travel is reimbursed in accordance with the FTR NRCD000030
LER Specialist Please contact your servicing LER Specialist if you have any questions NRCD000031
Weather and Safety Leave (WSL) - Article 14 Changed from Excused Absences to Weather and Safety Leave Defined as paid leave when an employee is prevented from safe travel to, from, or to perform work at their normal worksite, telework site, or other approved location because of severe weather or another emergency situation Used for short duration and intended to be used in conjunction with agency operating status announcements Added a procedure for employees to request WSL in appropriate situations NRCD000032
Weather and Safety Leave (WSL) - Article 14 cont'd Expressively states that Agency policy allows an employee to telework when a young child or other family member requiring the presence of a caregiver is present at home Not used for:
Pre-approved leave or other paid absence Can only be used for commuting home for telework-ready, non-emergency personnel on early departure dates NRCD000033
Other Leave Provisions - Article 16 Various excused absences were added to reflect law and Agency policy Absences associated with move Employees returning from active duty Added language recognizing the limitation on Admin leave stemming from the Administrative Leave Act of 2016 Excused absence - granted for weather or commuting delays related to individual circumstances NRCD000034
Sick Leave - Article 11 Employees earn and use sick leave in accordance with law, rule, and regulation Usage for family purpose is limited Supervisors are responsible and may grant sick leave if the reason is valid and the usage falls within Federal guidelines Scheduled medical/dental/optical/surgery/treatment appointments should be made in advance NRCD000035
Family Leave - Article 15 Updated definition of covered family member Supervisor's have discretion on most leave and should consider balancing the employee's family needs with the mission Included Paid parental leave, maternity, paternity and same-sex leave May request and with approval be granted Annual Leave, available Compensatory Time or Credit Hours or Leave without Pay (LWOP) for personal or emergency purposes involving participation with family activities which may consist of:
School meetings Medical appointments or caring for ill family member Bereavement Birth/Adoption NRCD000036
Family Medical Leave Act (FMLA)
Job protection Employees entitled to up to 12 workweeks (480 hours0.00556 days <br />0.133 hours <br />7.936508e-4 weeks <br />1.8264e-4 months <br />) of unpaid leave during any 12-month period Employee must provide notice and invoke FMLA using WH-380-E for self and WH-380-F for qualifying family member Can be used intermittently Annual Leave and under certain circumstances Sick Leave can be substituted for unpaid leave Must be correctly coded in HRMS to account for FMLA time NRCD000037
Paid Parental Leave (PPL)- Article 15 Must meet FMLA eligibility Must invoke unpaid FMLA leave Paid parental leave may then be substituted for the unpaid FMLA leave Limited to up to 12 weeks based on employee's approved work schedule Can only be used up to 12 months after birth or placement of child Can only be used for periods when an employee is acting in a parental role Not subject to carryover provisions and cannot be paid out Each covered Federal employee has individual entitlement to PPL Can be prorated, but must be used within 12 months after birth or placement of child Prior to PPL usage, requires a 12-week written service agreement that begins after the last day that PPL is used NRCD000038
Compensatory Time - Article 29 Regular - defined as paid absence without charged to Leave or another time reporting code in lieu of overtime pay Special:
Travel - for time spent in travel outside scheduled duty hours when the employee is not otherwise eligible for compensation for such a time Religious Observances - Employees whose religious beliefs require them to be off from work during certain periods may request to adjust their work schedule by working extra time for the sole purpose of taking time off for religious observance without loss of pay or charge to leave NRCD000039
Compensatory Time - Article 29 cont'd If "regular" compensatory time accumulates to 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> at any one time, all overtime hours over the 40 hours4.62963e-4 days <br />0.0111 hours <br />6.613757e-5 weeks <br />1.522e-5 months <br /> will be paid out at the applicable overtime rate OD/RAs may declare, during certain periods of time, that compensatory time (regular and travel) may not be used during emergencies, workload considerations, or other exigent circumstances Once earned, compensatory time must be used within 26 pay periods.
Employees will be paid at the applicable overtime rate for any compensatory time not used within the required period NRCD000040
Types of Telework Project Based Telework Fixed Telework Schedules Special Circumstances NRCD000041
Telework Approval Authorities In Person Days Approval Level Fixed Telework 4 or more First Level Supervisor 2 or 3 days OD/RA 1 or Less CHCO Project-based
< 5 Consecutive days First Level Supervisor
> 5 Second Level Supervisor Special Circumstances Up to 6 months Initial request - OD/RA (granted temporarily during COVID-19)
Full-Time All CHCO NRCD000042
Overview of Changes - Article 7 Removed concept of Satellite workers Telework requests are submitted to first line supervisors Included timeframes for management responses to telework requests 15 workdays normally to respond to requests 30 workdays to respond for requests of 3+ fixed telework days Related grievances follow negotiated grievance procedures in accordance with CBA Article 46 NRCD000043
Changes to Telework Guidelines Employees should not provide dependent care while in a duty status but a dependent in the home is not a sufficient reason for denial of a request Refusal to use agency specified communication technology can result in termination of agreement Telework agreements may be terminated for performance when the performance falls below FS in any element and the employee is provided a performance counseling memo or a PIRM Accountability expectations are the same no matter where an employee is working NRCD000044
Telework Guidelines Adequate office coverage should be considered when approving work schedules and telework agreements To the maximum extent possible, performance reviews should be conducted in person Both approved and denied Telework Agreements MUST be submitted to the Telework Coordinator at: Telework.Resource@nrc.gov NRCD000045
Work Schedules - Article 6 Types of Work schedules Official Hours Compressed Work Schedule (CWS) 5-4/9 NEWFlex First-40 (in limited circumstances)
Requests submitted through HRMS Work Schedule site: https://drupal.nrc.gov//OCHCO/catalog/822 NRCD000046
CWS (5-4/9 Basic Workdays)
May begin as early as 6:00 am and end as late as 6:00 pm All workdays must have the same clock hours Monday through Friday (Saturdays are permissible at discretion of OD/RA)
Gliding and Credit Hours are not a part of this schedule NRCD000047
NEWFlex Permissible Work Hours - as early as 5:00 am/late as 8:00 p.m(OD /RA has sole discretion to approve as late as 11:00 p.m.)
Monday thru Friday (OD/RA has sole discretion to approve Saturdays)
Core Hours: HQ = 10:30 a.m. -1:30 p.m. Wednesdays Clock hours do not have to be the same and hours may be split Employees must work the approved schedule for the pay period unless approved otherwise NRCD000048
NEWFlex Employees may glide up to one hour before or after their arrival/departure time Gliding is not for regular use or in lieu of a permanent schedule change Employees may participate in the Credit Hour Program Daily maximum of 11.25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> NRCD000049
CBA is posted on the OCHCO website:
2021 Collective Bargaining Agreement NRCD000050
LER Specialist Please contact your servicing LER Specialist if you have any questions NRCD000051