Collective Bargaining Agreement
Commonly Referenced Articles
Article 2 - Union Rights
Section A
The Parties agree that the public purposes to which the Agency is dedicated will be advanced through understanding and cooperation achieved through collective bargaining. Whenever the Agency solicits input or is required to consult or negotiate regarding personnel policies and practices affecting conditions of employment, the Union shall be the instrument through which unit employees shall express their views. Management agrees to continue to demonstrate an affirmative willingness to deal with Union representatives on such matters. This right does not, however, preclude Management from communicating with religious, social, fraternal, professional, supervisory or other lawful associations not qualified as labor organizations with respect to matters of policy which involve individual members of the association or of particular applicability to it or its members.
Section B
Management shall in no way restrain, interfere with, coerce or discriminate against designated representatives of the Union in the exercise of their right to serve as representatives for the purpose of collective bargaining, handling grievances and appeals, and exercising their rights and discharging their duties under applicable law, regulation, and this Agreement.
Section C
Subject to Peace Corps' capability, the Union will be provided monthly: (1) an alphabetical listing of all Agency employees; (2) the grade and ceiling report; (3) a report on all accessions and separations; and, (4) a dues checkoff list. The Peace Corps will provide the union a monthly listing of CBU employees (as agreed upon in Article 2,Section C of the Negotiated Agreement regarding all agency employees) in a common spreadsheet format, such as CSV (Comma Separated Value) or similar electronic format, including each employee’s first name, last name, department, email address, office phone, start date, and dues paying Union member status.
Section D
The Union agrees to notify Management, in writing, via the appropriate Labor Relations Official at least 10 days in advance of any Union unfair labor practice charge filed with the FLRA. The purpose of the notification is to provide the Parties an opportunity to reach resolution of the matter.
Section E
When Management determines to place Union representatives on special assignment or detail and the Union representative notifies Management that he/she is involved in an ongoing representational activity, the Parties will meet to discuss the matter. Management will make every reasonable effort to reschedule the assignment or detail or, where possible, substitute another employee.
Section F
The Union shall be provided access to any Federal laws and regulations that apply to Peace Corps employees. The Union shall also be provided a complete and current copy of the Peace Corps Manual with updates, as and if amended. The Union will be placed on the Agency's distribution list. When Peace Corps changes the existing practices, a copy will be given to the Union and negotiations will be conducted as required by law and this Agreement.
Section G
The Union agrees that it has the primary responsibility for educating employees of the availability of Union assistance. Management agrees that it will annually notify the employees of the Union's availability to act as a representative at any formal discussion between one or more representatives concerning any grievance or any personnel policy or practice or other conditions of employment. Should the Agency conduct an orientation for any new employee or employees, the Union will have the opportunity to discuss its function as an employee representative for at least thirty minutes. If the Agency supplies any new employee or employees written materials, the Union shall be allowed to include information about its availability to act as a representative.
Section H
The Agency will provide the Union with an adequate supply of the final agreement so that each employee has a copy. Copies will be distributed through the Agency's mail system.
The Parties agree that the public purposes to which the Agency is dedicated will be advanced through understanding and cooperation achieved through collective bargaining. Whenever the Agency solicits input or is required to consult or negotiate regarding personnel policies and practices affecting conditions of employment, the Union shall be the instrument through which unit employees shall express their views. Management agrees to continue to demonstrate an affirmative willingness to deal with Union representatives on such matters. This right does not, however, preclude Management from communicating with religious, social, fraternal, professional, supervisory or other lawful associations not qualified as labor organizations with respect to matters of policy which involve individual members of the association or of particular applicability to it or its members.
Section B
Management shall in no way restrain, interfere with, coerce or discriminate against designated representatives of the Union in the exercise of their right to serve as representatives for the purpose of collective bargaining, handling grievances and appeals, and exercising their rights and discharging their duties under applicable law, regulation, and this Agreement.
Section C
Subject to Peace Corps' capability, the Union will be provided monthly: (1) an alphabetical listing of all Agency employees; (2) the grade and ceiling report; (3) a report on all accessions and separations; and, (4) a dues checkoff list. The Peace Corps will provide the union a monthly listing of CBU employees (as agreed upon in Article 2,Section C of the Negotiated Agreement regarding all agency employees) in a common spreadsheet format, such as CSV (Comma Separated Value) or similar electronic format, including each employee’s first name, last name, department, email address, office phone, start date, and dues paying Union member status.
Section D
The Union agrees to notify Management, in writing, via the appropriate Labor Relations Official at least 10 days in advance of any Union unfair labor practice charge filed with the FLRA. The purpose of the notification is to provide the Parties an opportunity to reach resolution of the matter.
Section E
When Management determines to place Union representatives on special assignment or detail and the Union representative notifies Management that he/she is involved in an ongoing representational activity, the Parties will meet to discuss the matter. Management will make every reasonable effort to reschedule the assignment or detail or, where possible, substitute another employee.
Section F
The Union shall be provided access to any Federal laws and regulations that apply to Peace Corps employees. The Union shall also be provided a complete and current copy of the Peace Corps Manual with updates, as and if amended. The Union will be placed on the Agency's distribution list. When Peace Corps changes the existing practices, a copy will be given to the Union and negotiations will be conducted as required by law and this Agreement.
Section G
The Union agrees that it has the primary responsibility for educating employees of the availability of Union assistance. Management agrees that it will annually notify the employees of the Union's availability to act as a representative at any formal discussion between one or more representatives concerning any grievance or any personnel policy or practice or other conditions of employment. Should the Agency conduct an orientation for any new employee or employees, the Union will have the opportunity to discuss its function as an employee representative for at least thirty minutes. If the Agency supplies any new employee or employees written materials, the Union shall be allowed to include information about its availability to act as a representative.
Section H
The Agency will provide the Union with an adequate supply of the final agreement so that each employee has a copy. Copies will be distributed through the Agency's mail system.
Article 8 - Overtime
Section A
The Union acknowledges that the assignment of overtime is a function of Management and that the mission of the Agency should ordinarily be accomplished within the normal work week. However, since the mission of the Agency is to provide service to the public and its volunteers, it is recognized that periodic use of overtime may be necessary.
Section B
1. For employees on maxi-flex schedules, overtime hours are all hours in excess of eight (8) in a day or forty (40) in a week or eighty (80) in a biweekly pay period, which are officially ordered in advance by Management. 2. When overtime is worked, an employee shall be paid for the time worked unless the employee elects to receive compensatory time off in lieu of overtime pay. 3. Compensatory time off is time off granted to an employee from his or her scheduled tour of duty in lieu of payment for an equal amount of time spent in overtime work. 4. In accordance with regulations applicable to exempt and non-exempt employees, an employee can elect compensatory time off or credit hours in lieu of payment for overtime work. 5. Credit hours are those hours which an employee, under the maxiflex schedule, elects to work in excess of his or her basic work requirement. An employee's intent to earn credit hours requires reasonable notification to the supervisor; an employee's intent to use credit hours requires the supervisors approval as in the case of annual leave. If management orders an employee in advance to work in excess of the basic work requirement, such hours are not credit hours and must be compensated as overtime.
Section C
The assignment of overtime work or the denial of such assignment will not be made as a reward or penalty to an employee, but solely in accordance with Management's needs, qualifications of employees and with consideration of normal work assignment patterns. To the extent possible, the employee's preference will be honored
Section D
Employees will be given notice at the worksite of overtime assignments outside of the basic work week or on a holiday by the close of business two (2) days before the scheduled overtime. Exceptions may be made in cases of emergency and, in this regard, overtime may be ordered without prior notice.
Section E
Before a supervisor requires an employee to work overtime, he or she shall consider the effect of such additional work on the health and efficiency of the employee and any personal circumstances which may cause a hardship for the employee. If Management is unable to find a qualified replacement, an employee determined by Management shall work the over-time.
Section F
When employees request to be excused from overtime, Management will determine if it has other equally qualified employees available and willing to perform the required work. In such cases, employees will be excused from overtime assignment without disciplinary penalty.
Section G
Employees called back to work any unscheduled overtime will be compensated with a minimum of two (2) hours premium pay for such assignment even if such assignment is not two (2) hours in duration.
Section H
An employee will be reimbursed for taxicab fares between office and home for officially ordered overtime when the employee is dependent on public transportation for such travel and it occurs during hours of infrequently scheduled public transportation or darkness.
Section I
Employees who have chosen and earned compensatory time in lieu of overtime, will have 4 pay periods to use the compensatory time before it is converted automatically to overtime payment. At any time during those 4 pay periods, the employee, having been prevented by the supervisor from.25 using the compensatory time due to exigencies of the service, may elect to be paid equivalent overtime.
Section J
Over-time for travel during non-duty hours will be administered in accordance with higher authority
The Union acknowledges that the assignment of overtime is a function of Management and that the mission of the Agency should ordinarily be accomplished within the normal work week. However, since the mission of the Agency is to provide service to the public and its volunteers, it is recognized that periodic use of overtime may be necessary.
Section B
1. For employees on maxi-flex schedules, overtime hours are all hours in excess of eight (8) in a day or forty (40) in a week or eighty (80) in a biweekly pay period, which are officially ordered in advance by Management. 2. When overtime is worked, an employee shall be paid for the time worked unless the employee elects to receive compensatory time off in lieu of overtime pay. 3. Compensatory time off is time off granted to an employee from his or her scheduled tour of duty in lieu of payment for an equal amount of time spent in overtime work. 4. In accordance with regulations applicable to exempt and non-exempt employees, an employee can elect compensatory time off or credit hours in lieu of payment for overtime work. 5. Credit hours are those hours which an employee, under the maxiflex schedule, elects to work in excess of his or her basic work requirement. An employee's intent to earn credit hours requires reasonable notification to the supervisor; an employee's intent to use credit hours requires the supervisors approval as in the case of annual leave. If management orders an employee in advance to work in excess of the basic work requirement, such hours are not credit hours and must be compensated as overtime.
Section C
The assignment of overtime work or the denial of such assignment will not be made as a reward or penalty to an employee, but solely in accordance with Management's needs, qualifications of employees and with consideration of normal work assignment patterns. To the extent possible, the employee's preference will be honored
Section D
Employees will be given notice at the worksite of overtime assignments outside of the basic work week or on a holiday by the close of business two (2) days before the scheduled overtime. Exceptions may be made in cases of emergency and, in this regard, overtime may be ordered without prior notice.
Section E
Before a supervisor requires an employee to work overtime, he or she shall consider the effect of such additional work on the health and efficiency of the employee and any personal circumstances which may cause a hardship for the employee. If Management is unable to find a qualified replacement, an employee determined by Management shall work the over-time.
Section F
When employees request to be excused from overtime, Management will determine if it has other equally qualified employees available and willing to perform the required work. In such cases, employees will be excused from overtime assignment without disciplinary penalty.
Section G
Employees called back to work any unscheduled overtime will be compensated with a minimum of two (2) hours premium pay for such assignment even if such assignment is not two (2) hours in duration.
Section H
An employee will be reimbursed for taxicab fares between office and home for officially ordered overtime when the employee is dependent on public transportation for such travel and it occurs during hours of infrequently scheduled public transportation or darkness.
Section I
Employees who have chosen and earned compensatory time in lieu of overtime, will have 4 pay periods to use the compensatory time before it is converted automatically to overtime payment. At any time during those 4 pay periods, the employee, having been prevented by the supervisor from.25 using the compensatory time due to exigencies of the service, may elect to be paid equivalent overtime.
Section J
Over-time for travel during non-duty hours will be administered in accordance with higher authority
Article 12 - Merit Selection
Section A
All promotion and placement actions shall be made on the basis of merit, by selection from among the best qualified candidates available. Full consideration will be given to present employees in filling positions in order to make the best use of their skills, aptitudes, and potential. All actions, whether identification, evaluation, or selection of candidates, shall be made solely on the basis of qualifications and potential, without regard to race; color; national origin; marital status; sex; age; physical handicap; political, religious, or union affiliation or non-affiliation; personal favoritism; patronage; nepotism; or any other non-merit factor. All bargaining unit vacancies (with such exceptions as may be agreed to by the parties) will be posted except for those filled by reassignments made in accordance with merit principles.
Section B
Promotions for trainees and employees in established career ladders will become effective by the end of the second pay period following the date they comply with qualification requirements, and have demonstrated the ability to perform at the higher level. When a supervisor has determined not to promote an employee, he/she must provide the employee the reasons in writing within seven (7) days of such determination
Section C
When either Management or an employee notices that the duties of a position have changed substantially, without planned Management action to promote the employee, the personnel office will provide, upon request, a prompt reevaluation of the position's grade. If the grade is increased, either the employee will be promptly promoted or the higher graded duties will be promptly removed.
Section D
1. Details of less than 30 days will normally be rotated among qualified employees. 2. An employee detailed to a higher graded position for more than 29 days, may elect one of the following: a. monetary compensation b. training c. time off If the employee selects option #l , the monetary value shall be equal to the amount of the difference between the employee's current salary and the salary in the higher graded position and shall be calculated for the entire time served in the higher graded position. If option #2 or #3 is selected, the training or time off will be as agreed to by the supervisor and the employee.
Section E
Vacancy announcements shall include the following: 1. Announcement number; 2. Application procedures; 3. Title, series, grade and location (geographical and organizational) of position; 4. Opening and closing dates; 5. Brief summary of the duties of the position, including travel requirements, as applicable; Minimum qualifications required (to include selective placement factors, if any); 6. Applicability of Peace Corps Manual section, W Employment of 7. Applicants with Intelligence Backgrounds" or similar prohibitions against previous direct or indirect affiliation with U.S. Intelligence Agencies; 8. Promotion potential, if applicable; 9. Statement of equal employment opportunity and prohibited personnel practices; 10. Information regarding the provision of relocation expenses; 11. Prominent statement of the applicability of the "five-year rule"; and 12. A statement that applications must be postmarked by the closing date of the announcement.
Section F
All vacancy announcements will be posted for a minimum period of fourteen (14) days. Changes in the minimum posting period may be made by agreement of the Parties. Management will post vacancy announcements on bulletin boards strategically located throughout the Agency. Management will also transmit a list of vacancies via public e-mail. Management will also post a copy of each vacancy announcement in the Office of Human Resources Management and in each regional and area office. Copies of vacancy announcements will be mailed to the President of the Union and a designated steward in an area office. The Union will be responsible for updating the mailing list.
Section G
Employees are responsible for notifying their supervisor in writing of the specific types, grades and geographic location of positions they would be interested in being considered for prior to departing on leave or travel for more than fifteen (15) consecutive days. Employees are responsible for providing their supervisor with an up-to-date application in such cases. When such a vacancy is posted, supervisors may submit the application to the Office of Human Resources Management.
Section H
Candidates will be evaluated for a basic qualification determination by the Office of Human Resources Management. All applicants will be evaluated according to factors which are fair, equitable and in accordance with law, rule and regulation. Upon request, Management will disclose to a bargaining unit employee the reasons for a finding that he or she does not meet the basic qualification requirements for a position.
Section I
When the Office of Human Resources Management has determined which applications meet the basic qualification requirements, all such applications shall be forwarded to the selecting official. The selecting official shall then make a selection in accordance with merit principles. Upon written request from the Union, management will disclose the criteria used by the selecting official to distinguish among candidates.
Section J
A candidate may request from the Office of Human Resources Management his/her status in the selection process. In the event that thirty (30) days have elapsed after the selecting official has received the list of qualified candidates and no selection has been made, the Office of Human Resources Management shall secure the reasons from the Selecting Official. Any candidate on the qualified list, upon written request and with supporting reasons, shall be provided, in writing, the reasons for the delay.
Section K
When a selecting official believes that the candidates referred for selection are not adequately qualified, written reasons shall be provided to the Office of Human Resources Management. All correspondence regarding the selection process shall be made part of the merit promotion file. The Office of Human Resources Management shall notify the Union of the referral of additional candidates, or the cancellation of a vacancy announcement. Repostings shall be done in accordance with merit principles. Upon written request to the Office of Human Resources Management, the Union will be provided the reason for reposting in writing.
Section L
All individuals on the qualified list will receive equal consideration regardless of any relocation expenses. Management will provide relocation expenses for bargaining unit members selected for a position when the move is in the interest of the Agency.
Section M
The Office of Human Resources Management will train managers on appropriate merit procedures for making selections from among candidates referred for consideration. The Office of Human Resources Management will train employees on the process used to make merit selections for agency vacancies.
All promotion and placement actions shall be made on the basis of merit, by selection from among the best qualified candidates available. Full consideration will be given to present employees in filling positions in order to make the best use of their skills, aptitudes, and potential. All actions, whether identification, evaluation, or selection of candidates, shall be made solely on the basis of qualifications and potential, without regard to race; color; national origin; marital status; sex; age; physical handicap; political, religious, or union affiliation or non-affiliation; personal favoritism; patronage; nepotism; or any other non-merit factor. All bargaining unit vacancies (with such exceptions as may be agreed to by the parties) will be posted except for those filled by reassignments made in accordance with merit principles.
Section B
Promotions for trainees and employees in established career ladders will become effective by the end of the second pay period following the date they comply with qualification requirements, and have demonstrated the ability to perform at the higher level. When a supervisor has determined not to promote an employee, he/she must provide the employee the reasons in writing within seven (7) days of such determination
Section C
When either Management or an employee notices that the duties of a position have changed substantially, without planned Management action to promote the employee, the personnel office will provide, upon request, a prompt reevaluation of the position's grade. If the grade is increased, either the employee will be promptly promoted or the higher graded duties will be promptly removed.
Section D
1. Details of less than 30 days will normally be rotated among qualified employees. 2. An employee detailed to a higher graded position for more than 29 days, may elect one of the following: a. monetary compensation b. training c. time off If the employee selects option #l , the monetary value shall be equal to the amount of the difference between the employee's current salary and the salary in the higher graded position and shall be calculated for the entire time served in the higher graded position. If option #2 or #3 is selected, the training or time off will be as agreed to by the supervisor and the employee.
Section E
Vacancy announcements shall include the following: 1. Announcement number; 2. Application procedures; 3. Title, series, grade and location (geographical and organizational) of position; 4. Opening and closing dates; 5. Brief summary of the duties of the position, including travel requirements, as applicable; Minimum qualifications required (to include selective placement factors, if any); 6. Applicability of Peace Corps Manual section, W Employment of 7. Applicants with Intelligence Backgrounds" or similar prohibitions against previous direct or indirect affiliation with U.S. Intelligence Agencies; 8. Promotion potential, if applicable; 9. Statement of equal employment opportunity and prohibited personnel practices; 10. Information regarding the provision of relocation expenses; 11. Prominent statement of the applicability of the "five-year rule"; and 12. A statement that applications must be postmarked by the closing date of the announcement.
Section F
All vacancy announcements will be posted for a minimum period of fourteen (14) days. Changes in the minimum posting period may be made by agreement of the Parties. Management will post vacancy announcements on bulletin boards strategically located throughout the Agency. Management will also transmit a list of vacancies via public e-mail. Management will also post a copy of each vacancy announcement in the Office of Human Resources Management and in each regional and area office. Copies of vacancy announcements will be mailed to the President of the Union and a designated steward in an area office. The Union will be responsible for updating the mailing list.
Section G
Employees are responsible for notifying their supervisor in writing of the specific types, grades and geographic location of positions they would be interested in being considered for prior to departing on leave or travel for more than fifteen (15) consecutive days. Employees are responsible for providing their supervisor with an up-to-date application in such cases. When such a vacancy is posted, supervisors may submit the application to the Office of Human Resources Management.
Section H
Candidates will be evaluated for a basic qualification determination by the Office of Human Resources Management. All applicants will be evaluated according to factors which are fair, equitable and in accordance with law, rule and regulation. Upon request, Management will disclose to a bargaining unit employee the reasons for a finding that he or she does not meet the basic qualification requirements for a position.
Section I
When the Office of Human Resources Management has determined which applications meet the basic qualification requirements, all such applications shall be forwarded to the selecting official. The selecting official shall then make a selection in accordance with merit principles. Upon written request from the Union, management will disclose the criteria used by the selecting official to distinguish among candidates.
Section J
A candidate may request from the Office of Human Resources Management his/her status in the selection process. In the event that thirty (30) days have elapsed after the selecting official has received the list of qualified candidates and no selection has been made, the Office of Human Resources Management shall secure the reasons from the Selecting Official. Any candidate on the qualified list, upon written request and with supporting reasons, shall be provided, in writing, the reasons for the delay.
Section K
When a selecting official believes that the candidates referred for selection are not adequately qualified, written reasons shall be provided to the Office of Human Resources Management. All correspondence regarding the selection process shall be made part of the merit promotion file. The Office of Human Resources Management shall notify the Union of the referral of additional candidates, or the cancellation of a vacancy announcement. Repostings shall be done in accordance with merit principles. Upon written request to the Office of Human Resources Management, the Union will be provided the reason for reposting in writing.
Section L
All individuals on the qualified list will receive equal consideration regardless of any relocation expenses. Management will provide relocation expenses for bargaining unit members selected for a position when the move is in the interest of the Agency.
Section M
The Office of Human Resources Management will train managers on appropriate merit procedures for making selections from among candidates referred for consideration. The Office of Human Resources Management will train employees on the process used to make merit selections for agency vacancies.
Article 13 - Reorganizations, Alterations and Physical Moves
Section A
The Parties agree that should Management propose any reorganizations, or reductions-in-force impacting bargaining unit members, such plans will not be implemented without first providing notice to the Union. After notice, the Union will be given twenty-one (21) days to transmit its views to Management.
Section B
The Parties further agree that should Management propose any transfers of functions, physical moves and/or alterations impacting bargaining unit members, such plans will not be implemented without first providing notice to the Union. After notice, the Union will be given five (5) working days to transmit its views to Management.
Section C
If the Union presents objections to the proposed change in Sections A or B, above, Management and the Union will meet within seven (7) days after receipt of the Union's objections to negotiate in good faith to the extent permitted by higher authority. If a negotiated agreement is not reached within fourteen (14) days, the Parties shall invoke impasse procedures and shall abide by the final decision of the FSIP or arbitrator when such decision is rendered. Disagreement shall not operate to bar implementation once the Agency has met its bargaining obligation. At the conclusion of negotiations on proposed physical moves and/or alterations, all affected bargaining unit employees will be notified of the move or alteration at least one week in advance, if not already notified.
The Parties agree that should Management propose any reorganizations, or reductions-in-force impacting bargaining unit members, such plans will not be implemented without first providing notice to the Union. After notice, the Union will be given twenty-one (21) days to transmit its views to Management.
Section B
The Parties further agree that should Management propose any transfers of functions, physical moves and/or alterations impacting bargaining unit members, such plans will not be implemented without first providing notice to the Union. After notice, the Union will be given five (5) working days to transmit its views to Management.
Section C
If the Union presents objections to the proposed change in Sections A or B, above, Management and the Union will meet within seven (7) days after receipt of the Union's objections to negotiate in good faith to the extent permitted by higher authority. If a negotiated agreement is not reached within fourteen (14) days, the Parties shall invoke impasse procedures and shall abide by the final decision of the FSIP or arbitrator when such decision is rendered. Disagreement shall not operate to bar implementation once the Agency has met its bargaining obligation. At the conclusion of negotiations on proposed physical moves and/or alterations, all affected bargaining unit employees will be notified of the move or alteration at least one week in advance, if not already notified.
Article 14 - Classification
Section A
Positions will be classified consistent with classification standards and the principle of equal pay for substantially equal work.
Section B
Position descriptions will be accurate and will contain, at a minimum, the principal duties, responsibilities and supervisory relationships. Each unit employee will be provided with his/her new or revised position description.
Section C
An employee may be assigned "other related duties" in addition to the duties specified in the position description. If these "other related duties" are performed on a continuing basis and are to be included in the employee's performance evaluation, the position description and performance standards will be changed accordingly. Normally, such changes will be made no later than thirty (30) days after the duties have become a routine part of the employee's job. All assigned duties shall be in conformance with the reasonable physical demands of the position.
Section D
When Management decides to conduct a classification survey which includes bargaining unit positions, Management will notify employees and the Union as much in advance as is practicable.
Positions will be classified consistent with classification standards and the principle of equal pay for substantially equal work.
Section B
Position descriptions will be accurate and will contain, at a minimum, the principal duties, responsibilities and supervisory relationships. Each unit employee will be provided with his/her new or revised position description.
Section C
An employee may be assigned "other related duties" in addition to the duties specified in the position description. If these "other related duties" are performed on a continuing basis and are to be included in the employee's performance evaluation, the position description and performance standards will be changed accordingly. Normally, such changes will be made no later than thirty (30) days after the duties have become a routine part of the employee's job. All assigned duties shall be in conformance with the reasonable physical demands of the position.
Section D
When Management decides to conduct a classification survey which includes bargaining unit positions, Management will notify employees and the Union as much in advance as is practicable.
Article 15 - Performance Appraisals
Section A
Each employee will be given a written appraisal each year of the quantity, quality and timeliness of the employee's performance of each element of the position performed during the rating period. The supervisor will review and discuss the proposed performance rating with the employee prior to signing. If changes are introduced by the reviewing official, that official will discuss the changes with the employee and supervisor before making them final.
Section B
An employee's signature on a performance appraisal is evidence of receipt and does not imply concurrence with the rating or a waiver of any appeal rights.
Section C
Appraising performance is an ongoing process and, as such, an employee's job performance should be monitored on an ongoing basis. Performance problems and/or substantial failures by the employee to meet any performance standard will be brought to the employee's attention as soon as they occur or are noticed. An employee notified of deficiencies will be counseled and offered assistance, which may include training (to improve skills, knowledges and abilities) to help the employee achieve satisfactory performance.
Section D
When a rating official determines that an employee's performance is unsatisfactory in a critical element, the employee will be notified in writing of the specific critical element(s) which are less than satisfactory. This warning will give the employee at least sixty (60) days to demonstrate satisfactory performance. The warning will inform the employee of the following:
1. Which critical element(s) the employee failed to meet satisfactorily and how he or she failed to meet it;
2. What the employee must do to bring the performance to an acceptable level within the sixty (60) day period; and
3. What efforts the rating official will make to help the employee to overcome the deficiencies and meet the performance standards.
At the end of the sixty (60) day warning period, if the employee's performance has not reached a satisfactory level, and if an unsatisfactory rating is given, it must be accompanied by a written statement that compares the employee's performance with the established standards cited in the initial warning.
The statement will specify the following:
1. The facts stated in the prior warning;
2. The efforts made to help the employee improve performance during the warning period;
3. Specific examples of the employee's failure to improve; and
4. The employee's appeal and/or grievance rights.
If a warning of unsatisfactory performance is issued at the end of the appraisal period, but is not issued in time to allow for the sixty (60) days to demonstrate satisfactory performance, the overall rating must be deferred until the end of the sixty (60) days.
Section E
Employees may be reassigned; or reduced in grade; or removed from their positions for unacceptable performance. Unacceptable performance is defined as failure to meet established satisfactory performance standards for any one critical element of the employee's official position. In cases where it is apparent to a supervisor that an employee is performing at an unacceptable level, the supervisor may propose to have the employee reduced in grade or removed. After following the procedures in Section D, it is determined that the performance is still unsatisfactory the supervisor may propose reduction in grade or removal. The employee shall be provided with a 30 day advance written notice of the proposed action which:
The second level supervisor, who shall be the deciding official, may extend the notice for not more than 30 days.. Within 30 days after the expiration of the notice period, the employee shall be given a written decision by the second level supervisor concerning the proposed action which shall identify the employees appeal and/or grievance rights. An additional copy of the second level supervisors written decision, entitled "For the Union, Should You Seek Their Advice," shall be given to the employee. If the proposed reduction in grade or removal is made final, the employee may appeal under the grievance procedure, as provided in Article XX. Employees who believe that they have been subjected to any prohibited personnel practice, as defined in 5 U.S.C. 2302, may initiate a complaint with the Merit Systems Protection Board (MSPB).
Section F
When an employee is officially detailed to another position for a period of 120 days or longer, the employee's performance in that position must be appraised by the supervisor who has jurisdiction over the position within 30 days after the end of the detail. The appraisal will be based on preestablished critical elements and performance standards which were prepared and discussed with the employee when he or she entered the position. This supplemental appraisal will be given to the employee's regular supervisor to be placed with the employee's records to reflect the performance while on detail. The appraisal of the employee's performance while on detail shall be given appropriate consideration in the overall appraisal.
Section G
Ratings of elements will be in accordance with written performance standards established at the beginning of the rating period or as modified in writing from time to time as necessary. All performance standards will be fair, reasonable and consistent with the employee's official position description.
Section H
Criteria for granting awards to employees will be fairly and equitably applied. Upon request, the Agency will disclose the criteria used in granting awards.
Each employee will be given a written appraisal each year of the quantity, quality and timeliness of the employee's performance of each element of the position performed during the rating period. The supervisor will review and discuss the proposed performance rating with the employee prior to signing. If changes are introduced by the reviewing official, that official will discuss the changes with the employee and supervisor before making them final.
Section B
An employee's signature on a performance appraisal is evidence of receipt and does not imply concurrence with the rating or a waiver of any appeal rights.
Section C
Appraising performance is an ongoing process and, as such, an employee's job performance should be monitored on an ongoing basis. Performance problems and/or substantial failures by the employee to meet any performance standard will be brought to the employee's attention as soon as they occur or are noticed. An employee notified of deficiencies will be counseled and offered assistance, which may include training (to improve skills, knowledges and abilities) to help the employee achieve satisfactory performance.
Section D
When a rating official determines that an employee's performance is unsatisfactory in a critical element, the employee will be notified in writing of the specific critical element(s) which are less than satisfactory. This warning will give the employee at least sixty (60) days to demonstrate satisfactory performance. The warning will inform the employee of the following:
1. Which critical element(s) the employee failed to meet satisfactorily and how he or she failed to meet it;
2. What the employee must do to bring the performance to an acceptable level within the sixty (60) day period; and
3. What efforts the rating official will make to help the employee to overcome the deficiencies and meet the performance standards.
At the end of the sixty (60) day warning period, if the employee's performance has not reached a satisfactory level, and if an unsatisfactory rating is given, it must be accompanied by a written statement that compares the employee's performance with the established standards cited in the initial warning.
The statement will specify the following:
1. The facts stated in the prior warning;
2. The efforts made to help the employee improve performance during the warning period;
3. Specific examples of the employee's failure to improve; and
4. The employee's appeal and/or grievance rights.
If a warning of unsatisfactory performance is issued at the end of the appraisal period, but is not issued in time to allow for the sixty (60) days to demonstrate satisfactory performance, the overall rating must be deferred until the end of the sixty (60) days.
Section E
Employees may be reassigned; or reduced in grade; or removed from their positions for unacceptable performance. Unacceptable performance is defined as failure to meet established satisfactory performance standards for any one critical element of the employee's official position. In cases where it is apparent to a supervisor that an employee is performing at an unacceptable level, the supervisor may propose to have the employee reduced in grade or removed. After following the procedures in Section D, it is determined that the performance is still unsatisfactory the supervisor may propose reduction in grade or removal. The employee shall be provided with a 30 day advance written notice of the proposed action which:
- Identifies specific instances of the unacceptable performance on which the proposed action is based;
- Identifies the critical elements involved in each instance of unacceptable performance;
- Provides a reasonable time, but not less than seven days and not more than fourteen days (from date of receipt of notice) for the employee to answer the notice of proposed action orally or in writing to the second level supervisor or his/her designee and to furnish affidavits and other documentary evidence in support of the employee's response;
- Provides that the employee may be represented by an attorney or other representatives; and
- Provides for careful consideration to the employee's answer and for a written decision which shall specify the reasons for the action to be taken.
The second level supervisor, who shall be the deciding official, may extend the notice for not more than 30 days.. Within 30 days after the expiration of the notice period, the employee shall be given a written decision by the second level supervisor concerning the proposed action which shall identify the employees appeal and/or grievance rights. An additional copy of the second level supervisors written decision, entitled "For the Union, Should You Seek Their Advice," shall be given to the employee. If the proposed reduction in grade or removal is made final, the employee may appeal under the grievance procedure, as provided in Article XX. Employees who believe that they have been subjected to any prohibited personnel practice, as defined in 5 U.S.C. 2302, may initiate a complaint with the Merit Systems Protection Board (MSPB).
Section F
When an employee is officially detailed to another position for a period of 120 days or longer, the employee's performance in that position must be appraised by the supervisor who has jurisdiction over the position within 30 days after the end of the detail. The appraisal will be based on preestablished critical elements and performance standards which were prepared and discussed with the employee when he or she entered the position. This supplemental appraisal will be given to the employee's regular supervisor to be placed with the employee's records to reflect the performance while on detail. The appraisal of the employee's performance while on detail shall be given appropriate consideration in the overall appraisal.
Section G
Ratings of elements will be in accordance with written performance standards established at the beginning of the rating period or as modified in writing from time to time as necessary. All performance standards will be fair, reasonable and consistent with the employee's official position description.
Section H
Criteria for granting awards to employees will be fairly and equitably applied. Upon request, the Agency will disclose the criteria used in granting awards.
Article 19 - Disciplinary and Adverse Actions
Section A
A disciplinary or adverse action will be taken against an employee only for just cause and such cause as will promote the efficiency of the service. Such actions will be fairly and equitably administered. Disciplinary or adverse actions may be related to either conduct or performance. Conduct-related actions will be taken when standards as outlined in the Peace Corps Employee Standards of Conduct, or as outlined in 5 U.S.C. 7503(a) relating to discourteous conduct to the public, are not met.
Section B
Efforts will be made to prevent the need for taking a disciplinary/adverse action. To the extent appropriate, constructive and progressive discipline will be used beginning with counseling and oral admonishment. Where severe disciplinary/adverse actions might eventually be based on a series or pattern of minor offenses, each of the individual offenses will be dealt with by using increasing severity.
Section C
For written reprimands and disciplinary/adverse actions involving loss of pay, the employee will be given a written notice of proposed action stating: (1) the nature of the offenses; (2) the reasons for believing the employee has committed the offense; (3) the proposed action; and (4) the procedure for response, including the right to review any and all evidence considered by Management in preparing the notice. A proposed notice of reprimand shall inform the employee of his or her rights to Union representation and shall be delivered in person or via overnight mail to the employee. An additional copy of the notice marked "For the Union, should you seek their advice," shall be given to the employee. Grievances concerning written reprimands shall be submitted directly at the second step of the grievance procedure.
Section D
The recipient of a proposed reprimand shall have five (5) working days to respond in writing. Extensions of this time limit should be granted only in emergency situations where the parties are in agreement. Management will issue a written decision on the proposed reprimand within five (5) working days of receipt of the employee's response, if any. Reprimands.52 shall not be placed in the employee's OPF until a final decision is made on any grievance filed Reprimands will remain in the employee's OPF for no more than one (1) year.
Section E
Employees and their representatives will have a reasonable amount of official time for preparing and presenting responses to proposed disciplinary/adverse actions.
Section F
If prior to or during a meeting, the supervisor believes that the discussion may result in a disciplinary/adverse action against the employee, the supervisor will advise the employee of the right to representation.
Section G
The recipient of a proposed disciplinary/adverse action involving loss of pay shall have fourteen (14) days to respond orally or in writing, or both, to the deciding official, who shall be a Management official above the official who proposed the action. The notice of proposed disciplinary/adverse action will include notification of the employee's right to representation. An additional copy of the notice marked "For the Union, should you seek their advice," shall be given to the employee.
Section H
Decisions to take disciplinary/adverse action involving a loss of pay will take effect no earlier than fifteen (15) days after the final decision notice. With written concurrence of the employee, waiving his or her right to use any available statutory appeal procedure, the Union may refer such cases directly to arbitration without going through the grievance procedure. In such cases, the Union may elect to use the regular arbitration procedure or elect to use the mini-arbitration procedure described under Article 21, Section E; except, where management reasonably determines it is precedent setting or it is unusually complex or significantly impacts Agency operations. In disciplinary/adverse actions involving loss of pay, the arbitrator will have the authority to stay the action for up to fourteen (14) days beyond the effective date, except for cases involving a substantial risk to: (1) the health and safety of the individual or others; (2) the security of Agency property; or (3) the integrity of the Agency mission.
A disciplinary or adverse action will be taken against an employee only for just cause and such cause as will promote the efficiency of the service. Such actions will be fairly and equitably administered. Disciplinary or adverse actions may be related to either conduct or performance. Conduct-related actions will be taken when standards as outlined in the Peace Corps Employee Standards of Conduct, or as outlined in 5 U.S.C. 7503(a) relating to discourteous conduct to the public, are not met.
Section B
Efforts will be made to prevent the need for taking a disciplinary/adverse action. To the extent appropriate, constructive and progressive discipline will be used beginning with counseling and oral admonishment. Where severe disciplinary/adverse actions might eventually be based on a series or pattern of minor offenses, each of the individual offenses will be dealt with by using increasing severity.
Section C
For written reprimands and disciplinary/adverse actions involving loss of pay, the employee will be given a written notice of proposed action stating: (1) the nature of the offenses; (2) the reasons for believing the employee has committed the offense; (3) the proposed action; and (4) the procedure for response, including the right to review any and all evidence considered by Management in preparing the notice. A proposed notice of reprimand shall inform the employee of his or her rights to Union representation and shall be delivered in person or via overnight mail to the employee. An additional copy of the notice marked "For the Union, should you seek their advice," shall be given to the employee. Grievances concerning written reprimands shall be submitted directly at the second step of the grievance procedure.
Section D
The recipient of a proposed reprimand shall have five (5) working days to respond in writing. Extensions of this time limit should be granted only in emergency situations where the parties are in agreement. Management will issue a written decision on the proposed reprimand within five (5) working days of receipt of the employee's response, if any. Reprimands.52 shall not be placed in the employee's OPF until a final decision is made on any grievance filed Reprimands will remain in the employee's OPF for no more than one (1) year.
Section E
Employees and their representatives will have a reasonable amount of official time for preparing and presenting responses to proposed disciplinary/adverse actions.
Section F
If prior to or during a meeting, the supervisor believes that the discussion may result in a disciplinary/adverse action against the employee, the supervisor will advise the employee of the right to representation.
Section G
The recipient of a proposed disciplinary/adverse action involving loss of pay shall have fourteen (14) days to respond orally or in writing, or both, to the deciding official, who shall be a Management official above the official who proposed the action. The notice of proposed disciplinary/adverse action will include notification of the employee's right to representation. An additional copy of the notice marked "For the Union, should you seek their advice," shall be given to the employee.
Section H
Decisions to take disciplinary/adverse action involving a loss of pay will take effect no earlier than fifteen (15) days after the final decision notice. With written concurrence of the employee, waiving his or her right to use any available statutory appeal procedure, the Union may refer such cases directly to arbitration without going through the grievance procedure. In such cases, the Union may elect to use the regular arbitration procedure or elect to use the mini-arbitration procedure described under Article 21, Section E; except, where management reasonably determines it is precedent setting or it is unusually complex or significantly impacts Agency operations. In disciplinary/adverse actions involving loss of pay, the arbitrator will have the authority to stay the action for up to fourteen (14) days beyond the effective date, except for cases involving a substantial risk to: (1) the health and safety of the individual or others; (2) the security of Agency property; or (3) the integrity of the Agency mission.
Article 20 - Grievance Procedure
Section A
Except as provided below, this procedure shall be the exclusive procedure for resolving any complaint: 1. By an employee concerning any matter relating to employment; 2. By the Union concerning any matter relating to the employment of any employee; or 3. By an employee, the Union, or Peace Corps concerning: a. The effect or interpretation or a claim of breach of this Agreement; or b. Any claimed violation, misinterpretation or misapplication of any law, rule or regulation affecting conditions of employment.
Section B
The following matters are not subject to this grievance procedure:
Section C
Matters covered under both this procedure and under certain statutory appeal procedures may, at the discretion of the aggrieved employee, be raised under either procedure, but not both. The employee will be deemed to have exercised this option upon filing a timely notice of appeal under the statutory procedure or upon filing a timely written grievance under this procedure. Selection of the negotiated procedure in no manner prejudices the right of an aggrieved employee to request review by the Office of Special Counsel of the Merit Systems Protection Board where appropriate or to request review by the EEOC of any final decision in any matter involving a complaint of discrimination.
Section D
The Union shall be the only representative used by an employee under this procedure, except as may be otherwise agreed to, in writing, by the Union. An employee may pursue a grievance without a representative provided the adjustment of said grievance is not inconsistent with the terms of this agreement. In the case of employee grievances, the Union has the following rights:
Section E
Reasonable official time will be allowed for Union representatives and employees represented by the Union to prepare and present grievances. This includes, but is not limited to, investigation, review of records and regulations, preparation and presentation of oral and written submissions, presentation and attendance at meetings with Management officials and consultations.
Section F
The following procedures will be used for grievances involving individual employees: Step 1: The grievant will present the grievance in writing to the first level supervisor with a copy to the appropriate Labor Relations Official within twenty-one (21) days from the date the grievant became aware of the problem. The grievant is encouraged, however, to attempt to resolve the matter informally before filing the written grievance. The supervisor will respond in writing within ten (10) days. The supervisor will be delegated all authority necessary to fully represent the Employer on the matter, including. the authority to settle the grievance to the extent that it is consistent with this Agreement and controlling policy. Step 2: Within seven (7) days of the first step response, the grievant may refer the matter to the second level supervisor. If the second level supervisor is the Director of the Peace Corps, she may designate a suitable person to act on the grievance. Upon request, the second level supervisor or designee fully authorized to resolve the grievance will meet with the Union representative designated for this purpose by the Union, within seven (7) days of receipt of the grievance. The second level supervisor or designee will respond in writing within fourteen (14) days of the receipt of the grievance. Step 3: In adverse action cases under Articles 15 and 19, the following step may occur: Within seven (7) days of the second level supervisor's decision, the grievance may be referred to the third level supervisor or directly to arbitration. The third level supervisor will respond in writing, within seven (7) days. If the second or third level supervisor is the Director of the Peace Corps, the third step does not apply and the only recourse is arbitration. If the matter is referred to arbitration, the time period for doing so shall be twenty-one (21) days.
Section G
Union institutional and Management grievances shall be filed with the appropriate representative (Labor Relations Officer or Union President) and shall be handled as one- step grievances. Such grievances must be presented within twenty-one (21) days of the action giving rise to the grievance or within twenty-one (2 1) days of the time which the grievant (Union President, Chief Steward, or Agency Labor Relations Officer) could reasonably be expected to have had knowledge of that action. Response to the grievance shall be made within twenty-one (21) days of its receipt. In any charge by the Union that the Agency has violated 5 U.S.C. 7116, the Union may submit the matter for consideration under this negotiated grievance procedure or as an unfair labor practice, but not both.
Section H
Failure by Management to respond within any of the time limits will entitle the grievant and/or Union representative to move the grievance to the next appropriate step. Section I Absence of either the grievant or his or her representative on leave or official Agency business shall constitute an automatic extension of the time limits established herein for a reasonable period of time.
Except as provided below, this procedure shall be the exclusive procedure for resolving any complaint: 1. By an employee concerning any matter relating to employment; 2. By the Union concerning any matter relating to the employment of any employee; or 3. By an employee, the Union, or Peace Corps concerning: a. The effect or interpretation or a claim of breach of this Agreement; or b. Any claimed violation, misinterpretation or misapplication of any law, rule or regulation affecting conditions of employment.
Section B
The following matters are not subject to this grievance procedure:
- Any claimed violation of Subchapter iii of Chapter 73 of 5 U.S.C. (relating to prohibited political activities);
- Retirement, life insurance or health insurance;
- A suspension or removal under 5 U.S.C. 7532 (relating to national security);
- Any examination, certification or appointment;
- The classification of any position which does not result in the reduction in grade or pay of an employee;
- Non-selection for promotion, except to the extent that the grievance involves violation of applicable procedures contained in the Agency's rules or regulations, or elsewhere in this agreement; non-selection for a position from among a group of properly certified candidates;
- Non-receipt of a quality step increase, special achievement award, or other award under Peace Corps' Incentive Awards Program;
- A preliminary warning or notice of an action;
- Separation of trial or temporary employees except for violations of this agreement;
- Reassignment to or from a non-unit position consistent with this agreement;
- The content of any published Agency rule or regulation; and
- Nonadoption of an employee suggestion.
Section C
Matters covered under both this procedure and under certain statutory appeal procedures may, at the discretion of the aggrieved employee, be raised under either procedure, but not both. The employee will be deemed to have exercised this option upon filing a timely notice of appeal under the statutory procedure or upon filing a timely written grievance under this procedure. Selection of the negotiated procedure in no manner prejudices the right of an aggrieved employee to request review by the Office of Special Counsel of the Merit Systems Protection Board where appropriate or to request review by the EEOC of any final decision in any matter involving a complaint of discrimination.
Section D
The Union shall be the only representative used by an employee under this procedure, except as may be otherwise agreed to, in writing, by the Union. An employee may pursue a grievance without a representative provided the adjustment of said grievance is not inconsistent with the terms of this agreement. In the case of employee grievances, the Union has the following rights:
- To be notified of the time and place of meetings;
- To be present during the grievance procedure;
- To be furnished with a copy of any written decision which will become part of the record at the same time a copy is furnished the grievant;
- To state its position, in writing, on the issues raised in the grievance that may be of concern to the Union.
Section E
Reasonable official time will be allowed for Union representatives and employees represented by the Union to prepare and present grievances. This includes, but is not limited to, investigation, review of records and regulations, preparation and presentation of oral and written submissions, presentation and attendance at meetings with Management officials and consultations.
Section F
The following procedures will be used for grievances involving individual employees: Step 1: The grievant will present the grievance in writing to the first level supervisor with a copy to the appropriate Labor Relations Official within twenty-one (21) days from the date the grievant became aware of the problem. The grievant is encouraged, however, to attempt to resolve the matter informally before filing the written grievance. The supervisor will respond in writing within ten (10) days. The supervisor will be delegated all authority necessary to fully represent the Employer on the matter, including. the authority to settle the grievance to the extent that it is consistent with this Agreement and controlling policy. Step 2: Within seven (7) days of the first step response, the grievant may refer the matter to the second level supervisor. If the second level supervisor is the Director of the Peace Corps, she may designate a suitable person to act on the grievance. Upon request, the second level supervisor or designee fully authorized to resolve the grievance will meet with the Union representative designated for this purpose by the Union, within seven (7) days of receipt of the grievance. The second level supervisor or designee will respond in writing within fourteen (14) days of the receipt of the grievance. Step 3: In adverse action cases under Articles 15 and 19, the following step may occur: Within seven (7) days of the second level supervisor's decision, the grievance may be referred to the third level supervisor or directly to arbitration. The third level supervisor will respond in writing, within seven (7) days. If the second or third level supervisor is the Director of the Peace Corps, the third step does not apply and the only recourse is arbitration. If the matter is referred to arbitration, the time period for doing so shall be twenty-one (21) days.
Section G
Union institutional and Management grievances shall be filed with the appropriate representative (Labor Relations Officer or Union President) and shall be handled as one- step grievances. Such grievances must be presented within twenty-one (21) days of the action giving rise to the grievance or within twenty-one (2 1) days of the time which the grievant (Union President, Chief Steward, or Agency Labor Relations Officer) could reasonably be expected to have had knowledge of that action. Response to the grievance shall be made within twenty-one (21) days of its receipt. In any charge by the Union that the Agency has violated 5 U.S.C. 7116, the Union may submit the matter for consideration under this negotiated grievance procedure or as an unfair labor practice, but not both.
Section H
Failure by Management to respond within any of the time limits will entitle the grievant and/or Union representative to move the grievance to the next appropriate step. Section I Absence of either the grievant or his or her representative on leave or official Agency business shall constitute an automatic extension of the time limits established herein for a reasonable period of time.