DEPARTMENT OF DEFENSE
FEDERAL EDUCATION ASSOCIATION
Table of Contents
This Agreement is made and entered into by and between the Overseas Education Association (OEA), hereinafter referred to as the "Association," and the Department of Defense Dependents Schools (DoDDS), hereinafter referred to as the "Employer."
The purpose of this Agreement is to comply with 5 U.S.C. 7101, et seq., by establishing a basis for orderly and constructive dealings between the Association and the Employer. Both parties recognize that Congress has found that labor organizations and collective bargaining in the Civil Service are in the public interest.
The Association is recognized by the Employer as the exclusive representative for a bargaining unit composed of all nonsupervisory professional school-level personnel (including Not-to-Exceed - NTE - employees) employed by the Department of Defense Dependents Schools in the Atlantic, Germany and Pacific Regions; but excluding all nonprofessional employees, educational aides, substitute teachers, management officials, supervisors and those employees otherwise excluded by Statute.
ARTICLE 2 - CONDITIONS OF THE AGREEMENT
Section 1. - Mission
It is understood by and agreed between the parties that the primary mission of DoDDS is to provide to its students the highest quality of education possible within its resources.
Section 2. - Relationship to Laws and Government-Wide Regulations
A. In the administration of all matters covered by this Agreement, the parties shall be governed by laws and Government-wide regulations in effect on September 18, 1989.
This Agreement supersedes any non-government wide regulations or directives pertaining to personnel policies or practices or other general conditions of employment where in conflict with this Agreement.
This Agreement does not extinguish existing memorandums of understanding (MOU) between the parties. Such MOU's will survive for the period of time identified therein unless in conflict with or extinguished by this Agreement.
B. Either during orientation sessions or the first faculty meeting, the Employer shall acknowledge the Overseas Education Association, its exclusive recognition, and the Faculty Representative Spokesperson.
C. In schools with more than one administrator, the Employer will, within 20 days of the beginning of school, advise the Faculty Representative Spokesperson/designee and also post for the faculty, a list delineating the responsibilities/duties of each Employer official at the school.
D. The Employer shall maintain at each school a complete set of current DoDDS Directives and/or other issuances applicable to unit employees at the school. The Employer shall furnish to the Association at the appropriate level, upon request, and, to the extent not prohibited by law, data -
1. which is normally maintained by the Employer in the regular course of business,
2. which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and
3. which does not constitute guidance, advice, counsel, or training provided for Employer officials or supervisors, relating to collective bargaining.
E. The Employer shall ensure that appropriate personnel actions related to the death of a unit employee are processed promptly.
Section 3. - Association
A. The Association is recognized as the exclusive representative for employees in the unit and is entitled to act for and negotiate agreements covering all employees in the unit. The Association shall represent the interests of all employees in the unit without discrimination and without regard to labor organization membership. The Association shall be given the opportunity to be represented at:
1. any formal discussion, including councils or committees, between one or more representatives of the Agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policies or practices or other general conditions of employment.
2. any examination of an employee in the unit by a representative of the Agency in connection with an investigation, if:
a. the employee reasonably believes that the examination may result in disciplinary action against the employee; and
b. the employee requests representation.
B. The Employer shall annually inform unit employees of their rights as indicated in the above Section 3 A (2).
C. The Employer shall provide the Faculty Representative Spokesperson a brief period at the end of each faculty meeting to make announcements, subject to the following restrictions:
1. no internal Association business shall be conducted;
2. meeting does not interfere with the instructional day; and
3. members of the faculty are free to leave at the end of the faculty meeting.
D. Employees who are released from duty without pay to represent the Association shall retain entitlement to all allowances and benefits to the extent allowed by law or government-wide regulations.
E. Upon request, the Employer may provide Association Representatives who are unit employees of DoDDS with appropriate permissive
Government Travel Orders for transportation for the purpose of conducting representational duties.
Section 4. - Employee Rights.
A. Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and such employee shall be protected in the exercise of such right. Also, within the meaning of a the Federal Labor-Management Relations Statute, such right includes the right to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization (the OEA) to appropriate management (DoDDS). MOU 3/19/93
Nothing in this Agreement shall require an employee to become or to remain a member of the Association, or to pay money to the organization except pursuant to a voluntary, written authorization by a member for the payment of dues through payroll deductions. Neither the Employer nor the Association shall interfere with, restrain, coerce, or discriminate against employees in the bargaining unit for exercising their rights under the Federal Service Labor-Management Relations Statute. The Employer shall not encourage or discourage membership in the Association. DoDDS further agrees that no Association representative will be subject to reprisal in the form of lowering of performance ratings or imposition of disciplinary action for engaging in protected union activities. DoDDS also agrees that principals should not solicit employees to run for union offices or otherwise interfere with election of union representatives. MOU, 4/8/94
B. Each unit employee has the right to seek assistance from his/her Association Representative at any time that neither is involved in instructional duties.
C. Personnel Files
1. The Employer shall establish, maintain, and retain unit employees' personnel records only in accordance with law, regulations, and this Agreement. To the extent permitted under the Privacy Act, unit employees and/or their designated representatives shall have access to records contained in their personnel file(s) and, further, shall be entitled to make a copy of any or all material contained therein.
2. Any material relating to a unit employee's conduct, service, character or personality that is to be placed in the unit employee's personnel file(s) shall be first shown to the employee. The unit employee shall acknowledge that he/she has seen such material by affixing his/her signature to the document to be filed with the understanding that the signature merely signifies that the unit employee has been shown the material and does not indicate agreement with its contents. Further, the employee shall have the right to request removal or amendment of objectionable material and to attach a written response to the material to be placed in said file.
3. Records of admonishment, letters of caution, warning, reprimand, and similar disciplinary action papers shall not be maintained or used against the unit employee unless a disciplinary, administrative, or judicial proceeding has been instituted within one year from the time of the initial action provided it is of a similar nature.
D. In the event that a unit employee's paycheck is not received on the established pay day, upon the unit employee's request, the Employer will request from the servicing finance office that a replacement check be issued as soon as possible.
Unit employees are encouraged to maintain official documents they receive related to pay and leave and to carry such documents with them when they are transferred or reassigned. When the finance records of a unit employee are lost, destroyed, or delayed in conjunction with a reassignment or transfer, the Employer agrees to accept the unit employee's most recent "Earnings and Leave" statement or Standard Form 50, Notification of Personnel Action, as evidence of the proper basis for payment until the actual pay records have been reconstructed or received.
E. If a unit employee is to be served with a warrant or subpoena or is to be interviewed in connection with an investigation while at school in the performance of assigned duties, and the Employer has advance notice, the Employer shall make every reasonable effort to ensure that such activity is done in private without the knowledge of other employees or students.
F. The Employer shall make reasonable efforts to ensure that unit employees have privacy on the school site for making necessary telephone calls to parents of students, Civilian Personnel Offices, military offices, and other Employer officials.
G. A unit employee is free to set the effective date of his/her resignation.
Section 5. - Management Rights
A. Nothing in this Agreement shall affect the authority of any management official of the Employer --
1. to determine the mission, budget, organization, number of unit employees, and internal security practices of the agency; and
2. in accordance with applicable laws --
a. to hire, assign, direct, lay off, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
b. to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;
c. with respect to filling positions, to make selections for appointments from --
i. among properly ranked and certified candidates for promotion; or
ii. any other appropriate source; and
d. to take whatever actions may be necessary to carry out the agency mission during emergencies.
B. Nothing in this section shall preclude the Employer and the Association from negotiating --
1. at the election of the Employer, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
2. procedures which the Employer will observe in exercising any authority under this section; or
3. appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.
ARTICLE 3 - GENERAL ADMINISTRATION PROCEDURES
A fire drill held during the first week of school and one (1) at another time in the school year may be called without notice to unit employees. The Employer, when he/she has advance knowledge, shall inform unit employees of the day during which other drills will be scheduled. After each fire drill, the faculty shall be notified of the time it took to evacuate the building, if known by the Employer.
In the event it is suspected that a bomb may be in the building where a unit employee is located and a bomb alert is announced, his/her responsibility will be to assist in the evacuation of the building and to report any unusual objects observed during the evacuation; but, under no circumstances, shall he/she be required to participate in a bomb search or to stay in the building.
Both the Association and the Employer agree that it is educationally sound to minimize disruptions that impact on the educational process and agree to cooperate to achieve this end. Upon reasonable request of the FRS, the Principal/designee shall discuss ways and means of minimizing such disruptions.
A unit employee recuperating from an illness or an injury and temporarily unable to perform his/her assigned full-time duties may voluntarily submit a written request to his/her supervisor for a part-time assignment to duties commensurate with the disability and the unit employee's qualifications. The Employer shall consider granting such temporary assignment if supported by credible evidence and a position to which the unit employee may be detailed exists at the facility.
The Employer shall make reasonable efforts to inform unit employees of any necessary commuting assignments beyond one school before assigning such duties and of reporting requirements at each assigned school as soon as possible, but not later than the orientation week.
The Employer shall ensure that arrangements are made for daily workday pickup and delivery of unit employee mail from the APO/FPO unit office where such pickups are normally made when individual mailboxes are not provided at the post office and when the military unit does not provide a daily mail delivery to the school.
The Employer shall attempt to provide each unit school with a faculty lounge(s).
On ordering a fitness for duty medical examination, the Employer shall inform the unit employee, in writing, of the reasons for ordering the exam and the consequences of failure to cooperate. When the unit employee is at the school, the Employer will conduct a counseling session with the unit employee to discuss the problem and inform the unit employee of alternatives (retirement, reassignment, etc.) available to him/her.
ARTICLE 4 - ASSOCIATION/DoDDS COOPERATION
It is agreed that:
A. At the end of the second week after students report to school, the Employer shall furnish to the Faculty Representative Spokesperson a list, upon request, identifying all members of the unit within the school.
B. The Employer at the national level shall furnish the Association a list of CONUS selectees and transferees and their work addresses prior to August 1st of each school year.
C. The Employer agrees to provide the Association at the national level a listing (by regions) containing the following information concerning employees in the bargaining unit:
(2) Work address
(3) Service computation date
(4) Classification and grade
D. Updates for Sections A, B, and C will be provided to the Association at the appropriate level as they occur.
E. The Employer shall notify the appropriate Association representative at the appropriate level upon receipt of notification whenever an employee in the bargaining unit is promoted, separated, resigns, retires, or dies.
The Employer at the school level shall provide a listing to the Association of all formal incentive awards granted unit employees during the school year.
Section 3. - Joint Cooperation Committees (JCC)
A. The purpose of the committees shall be to promote and to facilitate understanding and constructive relationships between the Association and the Employer. Consultations: Consultations is a process short of negotiations whereby the Employer and Association Representative(s) discuss matters of mutual concern. The consultations process will be conducted through Joint Cooperation Committee (JCC) meetings which are face-to-face meetings between the Employer and Association Representative(s). Joint Cooperation Committees shall be established at the school level and district levels.
B. 1. Committee meetings at the school level shall be held by mutual agreement, but not less than monthly, by request of either party.
2. Committee meetings at the district level shall be held by mutual agreement.
C. The Association is entitled to two (2) representatives from the school at each committee meeting in those schools where there are two or more administrators. In those schools where there is only one (1) Administrator, the Association shall be limited to one (1) representative from the school. In the event that the Employer's number of representatives exceeds the minimum number of Association representatives, the Association shall be entitled to an equal number.
D. At least two (2) days prior to each meeting, the parties shall exchange proposed agendas.
Consultations at the regional and national levels shall be held by mutual agreement.
The Employer recognizes the right of the Association to select or appoint its representatives for purposes of carrying out representational responsibilities.
Section 6. - Levels of Communication.
A. In the administration of this Agreement, channels of communications for both parties shall be in the order prescribed below:
First Level - School Administrator/Faculty Representative Spokesperson (FRS)/Designee. The FRS at each school shall notify the Principal in writing as soon as possible each school year of the bargaining unit employee at the school designated to act in the absence of the FRS.
Second Level - District Superintendent Representative/ District Association Representative.
Third Level - Regional Director/Association Regional Representative.
Fourth Level - Director DoDDS/Association President
B. Dealings between the Employer and the Association at each level shall be through these designated individuals. Every effort shall be made to resolve disputes involving the application or interpretation of this Agreement at the lowest possible organization level prior to elevating the matter to the next higher level. Before soliciting outside support, the above
channels of communications shall normally be followed in attempting to resolve disputes and problems in administering this Agreement, unless otherwise permitted in this Agreement.
C. The Association shall notify the Employer as soon as possible after this Agreement is signed of the names of the unit employees/staff designated to represent the Association at the various levels. The Employer shall notify the Association as soon as possible after this Agreement is signed of the names of the individuals designated to represent the Employer at the various levels. Thereafter, the parties at the appropriate level will notify each other in writing as soon as possible of any change of their respective representatives.
ARTICLE 5 - OFFICIAL TIME
This Article sets forth the number of Association representatives that shall be granted official time and the amount of official time they shall be granted to perform representational duties. The number of Association representatives and the official time used by each, as defined by this Agreement, shall be reasonable, necessary and in the public interest.
Section 2. - Faculty Representative Spokespersons.
A Faculty Representative Spokesperson at each school shall be entitled to a reasonable amount of official time to perform his/her official representational duties for the school in accordance with the following:
A. Elementary and secondary schools with less than ten (10)unit employees may be entitled to an amount of official time that the Principal and the FRS agree is reasonable, necessary and in the public interest.
B. Elementary and secondary schools with eleven to twenty-five (11-25) unit employees are authorized five (5) days per school year.
C. Elementary schools with twenty-six plus (26+) unit employees are authorized nine (9) days per school year.
D. In order to minimize disruption to the education program, the use of official time specified above, if not regularly scheduled, shall be requested in advance, normally three (3) workdays. Such requests shall be in writing and shall be granted absent compelling circumstances.
E. Secondary schools with twenty-six plus (26+) unit employees are authorized one (1) instruction-free period per day.
F. Within a region, the amount of time available under (B) and (C) may be used by other Association officials at the district/country level or above for representational purposes. No unit employee shall be authorized to use more than twelve (12) days per school year under such circumstances unless mutually agreed otherwise.
G. Subject to mutual agreement and in lieu of official time provided herein, the parties at the local level may enter into alternative arrangements equal to the above entitlement.
Section 3. - National Officer/Regional Representatives.
A. The national officer and regional representatives shall be granted official time for the purpose of conducting labor-management business as set forth below:
President: Half-time duty status and half-time LWOP per school year.
Four Regional Representatives: Half-time duty status and half-time LWOP per school year (for each representative).
OEA agrees that official time shall not be used for purposes of internal union business. MOU 4/8/94
B. Released officials shall retain rights to previous educational positions held.
Section 4. - Procedures for the Use of Official Time.
A. When an Association Representative leaves his/her work site while on official time for the purpose of meeting with a unit employee(s) at another work site, the representative shall notify his/her supervisor prior to leaving and shall notify the supervisor in the unit employee's work site prior to meeting with said employee to work out the necessary arrangements.
B. The Association Representative shall promptly report to the appropriate Employer representative the amount of official time used.
C. The Association and DoDDS agree that Association confirmation of the need for an FRS to use his/her official time under Article 5 is not required. MOU 10/3/89
Section 5. - Training.
The Association shall be entitled to two (2) full workdays during the first school year of this Agreement and one (1) full workday for each year thereafter that this Agreement is in effect to conduct workshops or otherwise train Association representatives concerning labor-management relations and this Agreement. For such training, the Association shall be entitled to one (1) representative per school with one to twenty-five (25) unit employees and two (2) representatives per school with twenty-six (26) or more unit employees. In schools with seventy-five (75) or more unit employees, the Association may be entitled to one additional representative for said training. During the first year this Agreement is in effect, each unit member of the Association Negotiations Team, upon request, shall be
authorized thirty (30) days of official time to conduct unit-wide training programs for unit employees.
(Use form at end of this article.)
ARTICLE 6 - INITIATING/PROCESSING ULP'S
Before the Association or the Employer files an unfair labor practice (ULP) charge with the Federal Labor Relations Authority (FLRA) at the regional or national level, the parties shall attempt to informally resolve the charge in the following manner:
A. The filer of the ULP charge will notify the charged party, either orally or in writing, that a ULP charge may be filed. Upon receipt of oral or written notification by the charging party, the charged party may request a meeting with the charging party for the purpose of attempting to informally resolve the charge. The period of time for attempted informal resolution shall not exceed fifteen (15) calendar days, starting from the time of receipt of oral or written notification by the charged party. This fifteen (15) day period may be extended if mutually agreed by the parties.
B. Upon request of the charged party, the parties shall meet within the fifteen (15) day period to attempt to informally resolve the issue. Regarding ULP's at the regional level, said meeting shall be at the Association representative's work site unless the Employer provides the Association Representative official time with travel and per diem to travel to the Employer's work site.
C. If the ULP charge is not resolved during this period, the charging party may elect to formally file the charge immediately following the meeting.
D. These proceedings do not apply to ULP charges filed by individuals.
ULP charges filed on behalf of the Association or the Employer shall be filed only by authorized officials or staff at the regional or national level.
ARTICLE 7A - NEGOTIATIONS OVER MANAGEMENT PROPOSED CHANGES IN WORKING CONDITIONS OR POLICIES
Within the meaning of the Federal Labor-Management Relations Statute, DoDDS agrees that, when implementing changes in working conditions or policies concerning conditions of employment affecting unit employees which fall within the scope of bargaining, it will recognize its obligations under the Statute. MOU, 3/19/93
Section 1. - National Level.
A. Proposals appropriate for negotiations at the national level concern conditions of employment affecting unit employees which fall within the scope of bargaining.
B. The Employer shall provide such proposals to the Association in writing normally at least sixty (60) days prior to the proposed implementation date. If the Association wishes to negotiate over the proposed changes, it shall submit written proposals to the Employer within thirty (30) days following receipt of the proposed changes. If the notification time limit cannot be met, the parties agree to expedite the process. Only those proposals directly related to the proposed changes shall be subject to negotiations. Upon receipt of the Association proposals, negotiations shall be scheduled and held promptly at a mutually agreeable location in the Washington, D.C., metropolitan area unless otherwise agreed by the parties. The Association shall be entitled to representation in accordance with 5 U.S.C. 7131 (a).
Section 2. - Regional Level.
A. Proposals appropriate for negotiations at the regional level concern conditions of employment affecting unit employees which are within the authority of the Employer at the regional level, which fall within the scope of bargaining, which are unique to the region or a school in the region, and which deal with matters not specifically addressed during the negotiations that led to this Agreement or other agreements negotiated at the national level. It is understood that the National Agreement or other agreements reached at the national level are controlling, and no agreements reached at the regional level shall amend or otherwise conflict with the provisions of this Agreement.
B. The Employer shall provide such proposals to the Association in
writing normally at least sixty (60) days prior to the proposed implementation date. If the Association wishes to negotiate over the proposed changes, it shall submit written proposals to the Employer within thirty (30) days following the receipt of the proposed changes. If the notification time limit cannot be met, the parties agree to expedite the process. Only those proposals directly related the proposed changes shall be subject to negotiations. Upon receipt of Association proposals, negotiations shall be scheduled and held promptly at a mutually determined site. The Association shall be entitled to representation in accordance with 5 U.S.C. 7131 (a).
C. If regional representatives of the Employer and the Association disagree as to whether a subject matter or particular proposal is negotiable or is covered by this Agreement or another agreement at the national level, or if a party claims that a proposal conflicts with the terms of this Agreement or other agreements at the national level, or if impasse is reached, the matter shall be resolved as provided for by law or this Agreement.
Section 3. - Local Level.
The Parties agree that at the school level, matters appropriate for discussion (personnel policy or practices or other general conditions of employment) are best resolved on an informal basis. Such matters arising at the school level that fall within the scope of bargaining may be negotiated at the regional level, provided a reasonable amount of time has been allowed at the local level to informally resolve such matters. The parties agree that the Employer and the FRS, upon request, shall meet to consult on such matters at reasonable times as may be necessary. (Upon mutual consent, such matters may be discussed in the Joint Cooperation Committees at the school level). In the event the matter is not resolved at the school level, the Association may submit written proposals to the Employer at the regional level within a reasonable time.
Section 4. - Implementation.
Proposed Management changes at any level which fall within the scope of bargaining shall not be implemented until agreement is reached with the Association unless the Employer is allowed to do so by applicable law, FLRA case decisions, or rules and regulations of appropriate authorities. Required implementation shall not waive the right of the Association to negotiate over the impact and implementation of such required changes.
ARTICLE 7B - NEGOTIATIONS OVER ASSOCIATION PROPOSED CHANGES IN WORKING CONDITIONS OR POLICIES
Section 1. - National Level.
A. Proposals appropriate for negotiations at the national level concern conditions of employment affecting unit employees which fall within the scope of bargaining and which deal with matters not specifically addressed during the negotiations which led to this Agreement.
B. Not more than once every six months the Association may provide
such proposals to the Employer in writing normally at least sixty (60) days prior to the proposed negotiations date. If the Employer wishes to submit counter-proposals, it shall submit written proposals to the Association within thirty (30) days following receipt of the Association proposals. Negotiations shall be scheduled and held within sixty (60) days from the date the Employer received the Association proposals at a mutually agreeable location in the Washington, D.C., area unless otherwise agreed by the parties. The Association shall be entitled to representation in accordance with 5 U.S.C. 7131 (a).
Section 2. - Regional Level.
A. Proposals appropriate for negotiations at the regional level concern conditions of employment which are within the authority of the Employer at the regional level, which fall within the scope of bargaining, which are unique to the region or a school in the region, and which deal with matters not specifically addressed during the negotiations which led to this Agreement or other agreements negotiated at the national level. It is understood that the national Agreement or other agreements reached at the national level are controlling, and no agreements reached at the regional level shall amend or otherwise conflict with the provisions of this Agreement.
B. Not more than once every school year the Association may provide
such proposals to the Employer in writing normally at least sixty (60) days prior to negotiations. If the Employer wishes to submit counter-proposals, it shall submit written proposals to the Association within thirty (30) days following receipt of the Association's proposals. Negotiations shall be scheduled and held within sixty (60) days from the date the Employer received the Association proposals, at a mutually determined site. The Association shall be entitled to representation in accordance with 5 U.S.C. 7131 (a).
C. If regional representatives of the Employer and the Association disagree as to whether a subject matter or a particular proposal is negotiable or is covered by this Agreement or another agreement at the national level, or if a party claims a proposal conflicts with the terms of this Agreement or other agreements at the national level or if impasse is reached, the
matter shall be resolved as provided for by law or this Agreement.
D. The Association will be limited to no more than two proposals per District level (DSO) per school year. After the first year, the Association may reopen this provision as to number of proposals.
ARTICLE 8 - STAFFING PROCEDURES
When school vacancies exist and the Employer has determined to fill the vacancies, the Employer shall first consider filling such vacancies with qualified unit employees in the a) school and b) school complex where the vacancies exist. It is understood, however, that the Employer may fill vacancies from any appropriate source.
Unit Employees who are interested in being considered for vacancies within their school or school complex will notify the appropriate Principal in writing each school year. The appropriate Principal is the Principal in the school where the vacancy exists. A school complex is defined as a school or group of schools within a specific geographic location listed under each country in the transfer program instructions. Unit employees must meet the qualification standards published by DoDDS for the pertinent school year for the positions for which they request consideration.
An on-board unit employee who plans to return to the same school the following school year shall be notified of his/her teaching assignment and number of classes prior to the close of the current school year. Changes in such assignments will be limited to unexpected changes in curriculum, mission, staffing, and recruitment actions.
ARTICLE 9 - TRANSFER PROGRAM
The number and geographic locations of the positions that will be filled through the use of the transfer program shall be determined by the Employer. The Employer shall make every reasonable effort to include all projected or known vacancies, that the Employer intends to fill the next school year, for recruitment through the transfer program. Prior to April 15, during the conduct of the transfer program, every effort will be made to fill projected or known vacancies referred for selection through the transfer program by eligible bargaining unit employees requesting transfer before outside recruitment. No offers for the next school year shall be made under this program after April 15 except for those eligible under Section 2A. Section 2A applicants may be considered until August 1 solely at Management's discretion.
Midyear vacancies will not normally be part of the transfer program. However, in circumstances when the vacancy is advertised worldwide, the transfer program will apply in that the selection criteria in Section 4 will be used. In such circumstances, the Employer will be required to transfer the employee selected using the criteria in Section 4 only if the employee's principal has certified that a suitable replacement is available.
Section 2. - Eligibility.
Unit Employees who are eligible under any of the following criteria will be considered in the order set forth under Section 4D of this Article.
A. Employees in the unit who have been issued a written notification of being surplus or issued a written (general or specific) notice of reduction in force. A surplus employee is one who will be displaced or separated as a result of a drawdown or school closure.
Employees in the unit who have been identified as eligible for a compassionate transfer.
B. Employees in the unit currently serving under a transportation agreement who have completed their prescribed tour at their present location.
C. Any excepted-appointment-without-condition employees in the unit
not currently serving under a transportation agreement upon completion of three years of continuous service with DoDDS, provided they are not temporary employees.
Section 3. - Procedures.
A. This transfer program shall apply to all unit vacancies referred to the Office of Dependents Schools (ODS) for selection under this program.
B. Before vacancies are referred to ODS, the Employer shall provide the Faculty Representative Spokesperson at the school with a list of all known or anticipated vacancies and the qualifications sought. The Employer shall provide the Association at the national level with a list of all those known or anticipated vacancies by complexes which have been referred to ODS for selection under this program.
C. Transfer applications must be submitted by interested unit employees each school year. Receipt of the application by a Principal shall constitute a request for transfer.
Transfer applicants may designate acceptable locations by region, country, or geographic complex. There is no limitation on the number of locations and categories, which may be listed.
D. A unit employee may apply in any one or more of the categories
for which he or she is qualified in accordance with the qualification standards published by the Employer for the pertinent school year or any of the three previous school years.
E. The Employer shall make every reasonable effort to avoid changing vacancy requirements after submission for recruitment from the school level.
If, during the conduct of the transfer program, there is a change in the requisition requirements for which vacancies still exist, remaining transfer applications from unit employees shall be reconsidered before CONUS recruitment.
F. Management will make every reasonable effort that vacancies identified at a specified location should not be changed to a generic location at a later date. If any vacancies not previously projected or reported to ODS occur which the Employer determines to fill through the transfer program, they shall be reported by ODS to the Association at the national level. Such vacancies shall be included in the Transfer Program if received by ODS sufficiently prior to April 15.
Section 4. - Selections.
A. Unit employees shall designate on their transfer applications requested geographic complexes, countries, and regions.
B. A current listing of DoDDS schools in the OEA unit by country with approximate enrollment and categories and a copy of the School Information Guide shall be provided to each school, when available, prior to the transfer program.
C. Each applicant shall be assigned points based on longevity at their present location as agreed to by the parties annually. In addition, each applicant will be assigned one (1) additional point for each year of DoDDS service with no limitation.
A move from one location to another that was not requested by the unit employee allows the unit employee to receive the maximum possible points obtainable either from the old location or the new location. Unit employees shall be allowed to compute location points by multiplying the number of continous years at the current location plus the number of continuous years at the location from which involuntarily moved by the higher longevity points assigned to either location.
Accumulated transfer points are not affected by a move within a designated school or school complex.
D. Applicants for each particular vacancy shall be considered in the following order from among those applications which have designated the geographic complex, country or region where the vacancy exists:
1. Applications from employees in the unit who have been issued a written notice of being surplus or a written (general or specific) notice of reduction in force, in order according to points.
2. Applications from unit employees who have been identified as eligible for a compassionate transfer.
3. Applications from other eligible unit employees in order
according to points.
E. When two (2) or more unit employees are considered by the Employer as equally qualified and capable of performing the work and have equal points, the tie will be broken by seniority.
F. Experience in conducting an extracurricular activity shall not be a prerequisite for transfer.
Section 5. - Special Conditions.
Married couples, when both are unit employees and both wish to apply, may follow the following procedures:
A. Both spouses will be separately considered based on their individual eligibility unless they desire to be transferred only as a teaching team and designate so on their application.
B. (1) If they desire to be transferred only as a teaching team with both being assigned to the same commuting area, they shall be ranked according to the average of their combined individual points. Their applications will not be considered with those of unit employees who have received written notices of reduction in force or those who have been identified for compassionate transfer, unless both spouses meet the requirements for such consideration.
(2) Married couples applying for a joint (S1) transfer shall be allowed to list up to five (5) "areas" consisting of one or more geographic complexes within which they are willing to commute.
C. If either spouse can be made an offer, the application of the spouse who has not been selected shall be submitted to the Regional Director for the region to which the other spouse will be assigned. If a position cannot be located for the spouse, he or she shall be placed in a leave-without-pay (LWOP) status for a period not to exceed one (1) year following the beginning of the next school year. If, after arrival at the spouse's station, the unit employee on LWOP is selected for a continuing position, he/she shall be given the same type of appointment held previously. Other entitlements will be granted in accordance with applicable
regulations. All reasonable efforts consistent with the requirements of the program shall be made to try to effect transfers for both spouses, or to subsequently provide employment in those cases where only one (1) spouse can be transferred.
Section 6. - Notification.
A. A unit employee shall be notified of his/her transfer in a timely manner by the Employer.
(1) An applicant may withdraw from the program without penalty if the Personnel Division, Office of Dependents Schools, receives notification from the unit employee or the Association at the national level at least one (1) work day prior to the actual transfer session from which the unit employee is affected.
(2) An applicant other than an employee who has been issued a written notice of being surplus or a written (general or specific) notice of reduction in force, may decline a transfer to any category or location not identified on his/her application without penalty.
C. The Association shall be notified of, and permitted to attend any transfer session and shall be provided with unit employee requests and vacancy rosters.
Section 7. - Compassionate Transfer.
A. Unit employees have the right to request special consideration for a
transfer for personal reasons/conditions, which may warrant relocation. The request must accompany the initial transfer application and shall include proper supportive documentation. The documentation shall include, but is not limited to, a statement from local management and another appropriate professional,(i.e., doctor, lawyer, etc.) for review. The extent of special consideration to be given will be on a case-by-case basis. This includes employees on extended leave.
B. If more documentation is needed from an applicant for a compassionate transfer, the unit employee applicant shall be promptly notified after a review of the initial documentation.
Upon transfer or reassignment under this program, unit employees shall be entitled to benefits and allowances in accordance with applicable DoD and agency regulations. This may include, but is not limited to, the following benefits: transportation agreement; renewal agreement travel; transportation costs of unit employee's and dependents' household goods, accompanied goods and unaccompanied goods; maximum weight allowance authorized by DOD and agency regulations; separate maintenance allowance; temporary living allowance, living quarters allowance; foreign post differential; housing; etc. Nothing in this section constitutes a waiver of the Association's rights to negotiate changes in regulations in accordance with the statute.
NOTE: All bold portions were changes made by 93 FSIP 6, 4/4/94
ARTICLE 10 - INVOLUNTARY REASSIGNMENT
The need to effect a reassignment is a right retained by the Employer. While involuntary reassignments shall be kept to a minimum, pursuant to the Employer's education mission, it may become necessary to involuntarily reassign a unit employee either from one school location to another school location or from one assignment in one grade/subject area to another grade/subject area with different qualification standards from the grade/subject area currently being taught. Whenever possible, and if time permits, the Employer shall accomplish such reassignments through the use of qualified volunteers. Whenever qualified volunteers are not available, an individual may be selected for involuntary reassignment with as much advance notice as circumstances warrant. The written notice for involuntary reassignment will contain the following as a minimum:
A. reason(s) for the reassignment;
B. why the unit employee was selected;
C. an opportunity for the individual to give reasons why he/she should not be reassigned. In this statement the individual should include any extenuating circumstances of a personal nature, which she/he feels, should be taken into consideration.
ARTICLE 11 - REDUCTION IN FORCE
Section 1. - Definitions.
A. Reduction in force is an action that is taken when a unit employee is released from his/her competitive level by separation, demotion, furlough for more than thirty (30) days or reassignment requiring displacement; when lack of work, shortage of funds, insufficient personnel ceiling, reorganization, reclassification due to a change of duties, or the need to make a place for a person exercising reemployment or restoration rights requires the Employer to release the unit employee.
B. Transfer of function is the transfer of the performance of a continuing function from one competitive area and its addition to one or more other competitive areas, except when the function involved is virtually identical to functions already being performed in the other competitive area(s) affected; or the movement of the competitive area in which the function is performed to another commuting area.
C. Reorganization is the planned elimination, addition, or redistribution of functions or duties in an organization.
D. Competitive Area is an area serviced by the following DoDDS
District offices: Benelux, UK-East, UK-West, Islands Area, Frankfurt, Hanau, Heidelberg, Kaiserslautern, Nurernberg, Rhein Eifel, Wuerzburg, Japan, Korea and Okinawa. 92 FSIP 247, 4/8/93
E. Competitive Level consists of all the positions in a competitive area that are in the same grade or occupational level and that are so alike in qualification requirements, duties, responsibilities, pay schedule, and working conditions, that the Employer may readily assign a unit employee in one position to any of the other positions without changing the terms of the unit employee's appointment and without unduly interrupting the Employer's work program. When DoDDS considers the effect of qualifications on the composition of a competitive level, the concern is not with the qualifications a unit employee possesses but with the qualifications required by the duties and responsibilities of the position as stated in the official position description.
Section 2. - Applicability.
The provisions of this Article shall apply when the Employer makes a decision regarding A, B, or C of Section 1 above that will result in a reduction in force.
Before implementing any of the actions specified in Section 2 of this Article, which requires application of reduction-in-force (RIF) procedures, the Employer will make current its retention
registers. The Employer agrees to furnish the Association, upon request, with a retention register indicating competitive levels, performance credit, and service computation dates of personnel within a competitive area.
When determination is made to conduct a reduction in force, competing employees are listed on a retention register in the following order:
A. By tenure group. Tenure group I is first, followed by tenure group II, and then tenure group III.
B. Within each tenure group, by veteran preference subgroups. Subgroup AD is first, followed by subgroup A, and then subgroup B; and
C. Within each subgroup, by years of service which includes performance credit. The employee with the earliest service date is entered first.
The groups and subgroups are defined below:
Group I: Employees serving on Excepted Appointments who have completed a three (3) year period of substantially continuous service (Tenure Group I) or those not serving on a trial period.
Group II: Employees serving on Excepted Appointments who have not completed a three (3) year period of substantially continuous service (Tenure Group II) and those serving on a trial period.
Group III: Employees serving on appointments with time limitations (Tenure Group III).
Subgroup AD: Includes each preference eligible employee who has compensable service-connected disability of 30% or more.
Subgroup A: Includes each preference eligible employee not in subgroup AD.
Subgroup B: Includes each nonpreference eligible employee.
A. The Employer shall notify the Association in advance when it determines that a reduction in force will occur. Such notice shall normally be given to the Association at least sixty (60) days in advance of the anticipated implementation date and shall include the following information:
1. Reasons for the RIF;
2. Number and types of positions to be affected;
3. Names of employees to be affected by RIF when available.
B. Once it has been determined that a reduction in force is required, all personnel shall normally be given a notice at least sixty (60) days prior to the effective date of the action. When the time element is such that the sixty (60) days advance notice cannot be given due to unforeseen circumstances beyond the control of the Employer, then the advance notice period may be reduced to thirty (30) days. Such notice shall contain the following information:
1. action to be taken;
2. reasons for the action;
3. effective date of action;
4. employee's competitive level, service computation date, credit for performance, tenure group and subgroup;
5. place where affected personnel may inspect regulations and records pertaining to the action;
6. rights to appeal or grieve.
Section 6. - Placement.
Full and part-time unit employees who have appointments without time limitations and who have received a specific notice of reduction in force and who cannot be placed through reduction in force procedures shall be given priority consideration for vacant positions within DoDDS for which they are qualified prior to conducting CONUS recruitment for such positions.
Section 7. - Reemployment Priority.
A. The Employer shall establish and maintain a reemployment priority list. The priority list shall extend to all competitive levels in the competitive areas for which the unit employee is qualified and available. Eligibility shall be determined by seniority of service computation date.
B. The name of the unit employee shall remain on the reemployment
priority list for two years from the date he/she was separated.
C. A name is deleted from the reemployment priority list when:
1. the unit employee is offered a position with DoDDS;
2. the unit employee requests that his/her name be deleted;
3. time expires.
Unit employees who are reassigned outside the commuting area by the Employer's actions under this Article shall be provided travel and transportation in accordance with applicable regulations.
The determination as to whether or not to fill a vacancy shall be solely within the discretion of the Employer. The Employer reserves the right to determine the qualifications for vacant positions.
ARTICLE 12 - GRIEVANCE PROCEDURE
The negotiated grievance procedure is established to provide unit employees with an opportunity to raise matters of concern or dissatisfaction for informal and, where appropriate, formal consideration and resolution. This Article also provides the two parties to this Agreement with an opportunity to raise matters of concern or dissatisfaction for formal consideration by the other party in accordance with Section 2 below. It is the intent of the parties to resolve grievances informally at the earliest possible time and at the lowest possible level. The filing of a grievance shall not be construed as reflecting unfavorably on a unit employee's good standing, his/her performance, or his/her loyalty or desirability to the organization, nor shall it be regarded as an unfavorable reflection upon the Employer or particular Employer officials.
A. This procedure applies to unit employees and shall be the exclusive procedure for resolving grievances, which fall within its coverage.
B. A grievance means any complaint:
(1) by a unit employee concerning any matter relating to the employment of the unit employee;
(2) by the Association concerning any matter relating to employment of any unit employee(s); or
(3) by a unit employee, the Association, or the Employer concerning:
(a) the effect or interpretation or a claim or breach of the collective bargaining agreement; or
(b) any claimed violation, misinterpretation of any law, rule, or regulation affecting conditions of employment.
C. This procedure shall not apply to any grievance concerning:
(1) any claimed violation of Subchapter III of Chapter 73, Title 5 U.S.C. (relating to prohibited political activities);
(2) retirement, life insurance, or health insurance;
(3) a suspension or removal under Section 7532 of Title 5 U.S.C.;
(4) any examination, certification or appointment;
(5) the classification of any position which does not result in the reduction in grade or pay of an employee;
(6) an advance notice as provided in Articles 13 and 14 until a decision has been issued.
(7) termination of trial period employees;
(8) termination or expiration of temporary appointments; and
(9) nonselection for promotion or transfer from lists of properly ranked eligibles; and
(10) oral admonishments.
A unit employee may present a grievance on his/her own behalf under this
procedure provided that the Association is given the opportunity to be present during the grievance proceeding. Any resolution reached with the unit employee shall be consistent with the terms of this Agreement.
Step 1 - Informal
The parties agree that informal resolution of unit employees' grievances is desirable. To this end, unit employee(s) and/or their Association representative(s) should present any grievance informally to the supervisor prior to reducing a grievance to writing. Such informal presentation should take place within seven (7) calendar days of the act or incident giving rise to the grievance. The supervisor should arrange for a meeting within five (5) calendar days of the informal presentation of the grievance to fully discuss the matter and to attempt informal resolution.
Step 2. - Formal
A. Notwithstanding the provisions of Step 1 above, the unit employee or his/her Association representative must present the grievance, in writing, to the appropriate supervisor within fifteen (15) calendar days of the act or incident giving rise to the grievance. The grievance shall be in the format described at the end of this Article.
B. 1. The Principal shall issue a written decision within seven (7) calendar days from the date the written grievance was received by the Principal. Such decision shall be transmitted to the grievance and the grievant's representative, if any.
2. The grievant or his/her Association representative shall have ten (10) calendar days after the receipt of the Principal's written decision to advance the grievance to the next level. If the grievant has not received a written decision from the Principal within the seven (7) calendar days heretofore referred to, then the grievant may advance the grievance to Step Three of this procedure within ten (10) calendar days after the seven (7) calendar day period has elapsed.
Step 3 - Review
A. When the grievance has not been resolved at Step Two, the grievant or his/her Association representative may submit his/her grievance to the Principal within ten (10) calendar days from the date he/she received the Principal's written decision. In addition to the information submitted under Step Two, the grievant must include a statement as to why the Principal's decision is unacceptable. Within two (2) working days following receipt of the Step Three grievance, the Principal shall forward the grievance and a copy of his/her Step Two decision to the Regional Director, DoDDS, with a copy of the forwarding letter to the grievant.
B. Upon receipt of the grievance for consideration at the regional office, the regional review will be completed and a final decision rendered within twenty (20) days from its receipt. Such decision shall be in writing and set forth the reasons for the decision. The written decision shall be immediately transmitted to the grievant and the grievant's Association representative, if any. A complete copy of the case file shall be immediately transmitted to the appropriate OEA Area Director or Designee. In the Pacific Region the case file will be transmitted to the OEA Pacific Uniserv Director and the OEA Pacific Area Director or Designee. Actual costs of copying and transmittal to the OEA Pacific Area Director shall be paid by the Overseas Education Association.
A. Association or Employer grievances may be filed only at the national level by the respective officials at the national level.
B. Association or Employer grievances arising over the interpretation and application of this Agreement that are not related to a specific incident or occurrence may be filed at any time.
C. (1) An Association grievance under Article 12, Section 2B (2) or (3) that relates to a specific incident or occurrence, must be filed within forty-five (45) calendar days after the incident or occurrence giving rise to the grievance. An Employer grievance arising under Article 12, Section 2B (3), that relates to a specific incident or occurrence, must be filed within forty-five (45) days after the incident or occurrence giving rise to the grievance.
D. Upon receipt of an Association or Employer grievance, the Association or Employer, as appropriate, shall review, investigate, and furnish a final decision within twenty (20) calendar days.
E. Should the Association's or Employer's decision not be satisfactory, arbitration may be invoked by the appropriate party.
Section 6. - Arbitration.
A. Should either the Employer or the Association be dissatisfied with the final decision of the other party in a grievance covered by this Agreement, the party (Association or Employer) that brought the grievance may proceed to arbitration.
B. Arbitration may be invoked only by the submission of the appropriate Federal Mediation and Conciliation Service (FMCS) form by the grieving party to the other party within sixty (60) calendar days after the date of the receipt of the grievance case file. Not later than five (5) days after receipt, the FMCS form shall be forwarded to the Federal Mediation and Conciliation Service for referral of an arbitration panel. Normally, within fifteen (15) days after receipt of an FMCS referral, the parties will select an arbitrator by alternately striking names from the referral with the name of the last arbitrator becoming the selection. The moving party shall strike the first name.
C. The Federal Mediation and Conciliation Service shall be empowered to make a direct designation of an arbitrator to hear the case in the event:
1. Either party refuses to participate in the selection of an arbitrator or
2. Upon inaction or undue delay by either party.
D. With the consent of both parties, more than one arbitration case may be consolidated for review by the same arbitrator.
E. If the parties fail to agree on a joint submission of the issue for arbitration, each shall submit a separate submission and the arbitrator shall determine the issue or issues to be heard. The arbitrator's hearing will normally be at the school site unless the Employer decides otherwise. All unit employees who are participants, including witnesses, in the hearing shall be in a duty status and, in the event the hearing is not held at a site within commuting distance, participants, including witnesses, shall be provided transportation in accordance with appropriate travel regulations. Unit employees who are Association representatives who are in the area because of other Association business are excluded from the transportation provision of this section. Each party may recommend witnesses by providing the full name and address, a statement setting forth the expected testimony, and an explanation of relevance of the testimony to the issue. Based on this information, the arbitrator shall determine the witnesses to provide testimony.
F. The arbitrator shall be requested to render his/her decision as quickly as possible, but in any event not later than thirty (30) calendar days after the conclusion of the hearing unless the parties mutually agree to extend the time limit.
G. The arbitrator's authority will be limited only to the issue involved, and his decision must not involve violation of law or governing regulations. The arbitrator's award will be binding on both parties unless an exception to the award is filed in accordance with the Federal Service Labor-Management Relations Statute.
H. Upon mutual consent of the parties, any dispute over the application of an arbitrator's award shall be remanded to the arbitrator for settlement.
I. The Association and the Employer may mutually agree regarding any
particular arbitration case to use a "mini-arbitration" procedure or make any other modification in the arbitration process that would reduce the cost of arbitration.
J. The cost for arbitration shall be borne equally by the Association and the Employer. Arbitration costs will include the arbitrator's fee, travel, per diem, and the costs of the transcript of the hearing where mutual agreement was reached on sharing said costs or where the arbitrator requests a transcript. It is further agreed that if one party obtains a transcript at its own cost, the other party shall not be entitled to receive or obtain said transcript or a copy thereof unless it is provided to the arbitrator.
K. Upon mutual consent of the parties, the grievance case file and current Agreement may be sent to the arbitrator.
Section 7. - General Provisions.
A. Group Grievance
When a group of unit employees has an identical grievance, it will be considered as an individual grievance of one unit employee and will be processed as a single grievance in the name of the unit employee designated by the others to act for them. All unit employees electing to join in the grievance must be identified and must sign the grievance at the stage it is put in writing.
There will be only one (1) Association representative for the group. The final grievance decision will apply to all members of the group, and each member of the group shall receive one (1) copy of the final decision.
B. Time Limits
1. To be considered timely under the procedure, those grievances resulting from a one-time act or decision must be presented within fifteen (15) calendar days after the act or specific incident giving rise to the grievance comes to the attention of the grievant. Those grievances resulting from continuing conditions may be presented at any time.
2. All time limits in this procedure may be extended by mutual consent of the parties.
3. Except as provided in (4) below, failure of the Employer to observe the time limits shall entitle the Association Representative to advance the grievance
to the next step. Failure of a Regional Director, DoDDS, to observe the time limits shall entitle the Association Representative to advance the grievance to ODS.
4. Both parties agree to make a maximum effort to comply with the time limits established in the grievance procedure. Failure to comply with established time limits because of unavoidable delays such as postal problems, school recesses, vacation schedules, etc., will not serve as a basis for either party to file a grievance under this grievance procedure, to advance the grievance to the next step, or to reject a grievance as untimely filed.
C. Nothing in this Agreement shall prevent the parties from mutually resolving grievances which have been dismissed due to untimely filing or which are not covered under the scope of the grievance procedure.
D. Notwithstanding the provisions of this Article, any action taken under Article 13 or a removal under Article 14 of this Agreement may be grieved under Article 12 of the Agreement within fifteen (15) calendar days after receipt of the final decision on the proposed action. Grievances of this nature may be filed at the regional level by the Association or the affected unit employee.
E. A unit employee may challenge a rating of Fully Successful or Commendable (or equivalent ratings) under this grievance procedure, except that such challenge shall not be subject to the arbitration provisions set forth in Section 6 of this Article.
F. A grievance shall be cancelled upon the death of the unit employee, or upon his/her separation for reasons not connected with the grievance, provided there is no question of pay involved or other relief that could be granted to the unit employee.
G. Under 5 U.S.C. 7116 and 5 U.S.C. 7121, unit employees may raise certain matters under this negotiated grievance procedure or under a statutory procedure, but not both. For purposes of this Article, the unit employee or his/her representative shall be deemed to have exercised his/her option as to procedure when a timely grievance under this procedure is filed or a charge, appeal, or complaint under the applicable statutory procedure is initiated, whichever event occurs first.
Addressed to: Principal's Name and Official Mailing Address
Subject: Employee Grievance Initiated Under the OEA/DoDDS Negotiated Agreement.
Paragraph 1: This grievance is being submitted under Step 2 of the grievance procedure.
Paragraph 2: Employee's name, duty assignment, work and home telephone numbers.
Paragraph 3: A statement of the grievance.
Paragraph 4: A statement of the relief sought (what must DoDDS do to resolve your complaint).
Paragraph 5: The name, address and telephone number of the employee's Association representative.
(Note: An employee, under the terms of the Agreement, can only be represented by the Association. An employee who does not elect to be represented by the Association must represent himself/herself. If an employee has chosen not to be represented by the Association, a statement to this effect shall be included in Paragraph 5 of the grievance letter.)
Paragraph 6: A copy of any correspondence on the matter.
Employee or Association Representative Signature
* All grievances must be submitted in writing and may be in this prescribed format.
ARTICLE 13 - DISCIPLINE AND ADVERSE ACTION
No unit employee shall be furloughed for thirty (30) days or less, reduced in grade or pay, removed, disciplined, reprimanded, or suspended without just cause. Performance based personnel actions are covered in Article 14 of this Agreement and are not covered in this Article. The procedures outlined in Section 3 through 5 of this Article do not apply to actions related to extracurricular activities.
Discipline imposed by the Employer will be designed to correct the unit employee's behavior. Accordingly, the Employer will exercise reasonable judgement to ensure the discipline is in proportion to the nature of the offense consistent with the concept of progressive discipline.
Whenever a disciplinary action is initiated against a unit employee which involves a suspension of fourteen (14) days or less, the following procedural requirements shall apply:
A. Issuance of Advance Notice
1. The unit employee must be given no less than ten (10) days written notice of the proposed action.
2. The advance notice shall:
a. state the reason for the proposed action in detail;
b. inform the unit employee where the material relied upon for the proposed action may be reviewed (If that material is available at the school site, the unit employee and Association representative will be permitted to review the materials at that site.);
c. inform the unit employee of the right to reply in writing within seven (7) days after receipt of the notice of proposed action;
d. state that a final decision on the proposed action will not be made until after receipt of the unit employee's reply or after the ten (10) day notice period, whichever comes first;
e. inform the unit employee that he/she will remain in normal duty status pending a decision on the proposed action, except as provided in section 5.
B. Notice of Final Decision
1. The unit employee shall receive notice of final decision at the earliest possible date following the ten (10) day notice period.
2. The notice of decision shall be signed and dated and shall inform the unit employee of:
a. the reason (s) for the decision;
b. the effective date of the action; and
c. his/her rights under the appropriate grievance procedure.
Whenever a unit employee is furloughed for thirty (30) days or less, reduced in grade or pay, removed, or suspended for more than fourteen (14) days, the following procedures shall apply:
A. Issuance of Advance Notice
1. The unit employee must be given not less than thirty (30) days written notice of the proposed action.
2. The advance notice shall:
a. state the reason(s) for the proposed action in detail;
b. inform the unit employee where the material relied upon for the proposed action may be reviewed (If that material is available at the school site, the unit employee and Association representative will be permitted to review the materials at that site.);
c. inform the unit employee of the right to reply orally or in writing, or both, within twenty (20) days from receipt of the proposed notice;
d . state that a final decision on the proposed action will not be made until after receipt of the unit employee's reply or after the twenty (20) day period, whichever comes first; and
e. inform the unit employee that he/she will remain in a normal duty status pending a decision on the proposed action, except as provided in Section 5.
B. Notice of Final Decision
1. The unit employee shall receive notice of final decision at the earliest possible date following the notice period.
2. The notice of final decision shall be signed and dated and shall inform the unit employee:
a. which of the reasons in the proposed notice have been found sustained and which have not been found sustained;
b. the effective date of the action; and
c. of his/her rights under the appropriate grievance or appeal procedures.
C. Time limits do not run during the summer recess, unless required by law or government-wide regulation. In the event the notice period is not completed prior to the end of the school year, the affected unit employee may be carried in a duty status for up to five days into the summer recess to complete the process.
In a situation where a unit employee may cause injury to himself/herself or others, or in an emergency, the unit employee may be suspended during the advance notice period, or with the employee's consent, carried in an appropriate leave status.
ARTICLE 14 - PERFORMANCE APPRAISAL SYSTEM
The primary objective of the classroom teacher evaluation procedure, as set forth herein, shall be the improvement of instruction. The primary objective of the evaluation of other unit employees, as set forth herein, shall be the improvement of the services which are provided by such unit employees and which are designed to enhance and complement the educational process.
The performance of all unit employees shall be evaluated according to appropriate Office of Personnel Management requirements. The evaluator shall take into consideration any circumstances that may adversely affect a unit employee's performance, such as class size, special learning disabilities, physical facilities, multiple duty assignments, geographical difficulties, time constraints, and involuntary reassignments. The Employer shall apply the performance standards in such a manner that a fully competent unit employee can reasonably be expected to attain them. Unless the situation convinces the Employer that time is of the essence in resolving the matter, no interview or meeting between a complaining parent and the unit employee shall be set by the Employer until the unit employee has a reasonable opportunity to consult with the Association's representative. Unit employees shall be clearly informed of the supervisors who have authority to supervise/evaluate their performance.
All unit employee observations shall be preceded or followed within a two (2) school-day period by a conference between the Employer and the employee in order for the employee to explain his/her objectives and plans for that class.
Although it is understood that the supervisor assigns duties, establishes critical elements and performance standards, and evaluates the performance of the duties, it is recognized that all unit employees must be clearly advised as to what must be done (critical elements) and how well it must be done (performance standards). Unit employees shall be encouraged to participate in the identification of critical elements and performance standards through discussions with the Employer. The FRS/Designee will be provided copies of all standards and elements in sufficient time to allow for review and discussion with unit employees. When more than one unit employee performs the same duties, the critical elements and performance standards may be developed through group discussion(s) with the supervisor. In the case of a newly established position, the supervisor shall develop the elements and standards in advance in order that they may be discussed with candidates for the position. The critical elements and performance standards shall be reviewed by the
employee(s) and Employee and revised if necessary, at least annually, preferably at the beginning of the rating period. The critical elements and performance standards must be written. The FRS shall be afforded the opportunity to attend such meetings.
In the event a supervisor establishes any critical elements or performance standards for the standardized position descriptions of unit employees which are not included on the list prepared by ODS, the supervisor shall:
A. provide the unit employee and the FRS a copy of the proposed critical elements and performance standards at least two weeks prior to finalizing the elements and performance standards;
B. specify, in writing, the date by which written or oral comments on the standards and elements are to be submitted to the supervisor. This date must be at least five work days after the unit employee receives this material;
C. discuss, if requested, explain and respond to any unit employee inquiries about the elements and standards. If a meeting is held to accomplish this, the FRS shall be afforded the opportunity to attend;
D. after considering the unit employee's comments and any comments
from the FRS, identify the critical elements and performance standards that will serve as a basis for appraising the unit employee's job performance;
E. upon request, the supervisor will provide a copy of the critical elements and performance standards of identified to the FRS.
If the Association Area Director is concerned or dissatisfied with the critical elements and performance standards identified by the supervisor under this section, the Area Director shall ask within five work days of receipt that they be reviewed by the DoDDS Regional Director.
Prior to proposing any removal based on unacceptable performance, the Employer shall ensure that the unit employee is provided an opportunity to demonstrate acceptable performance. To this end, the Employer shall provide notice of the employee's failure to satisfy the performance standards for one or more critical elements. The notice shall be in writing and shall be provided to the unit employee at least 30 days in advance of proposing a removal based on unacceptable performance. This notice shall identify:
A. the critical elements of the unit employee's position for which performance is unacceptable.
B. the improvements the employee must make to bring performance to a satisfactory level.
C. the efforts the Employer will make to help the unit employee improve.
D. the time period of at least 30 days within which the unit employee must improve the unacceptable performance prior to a second notice being issued by the Employer. At the end of the time period specified, the Employer shall notify the affected employee in writing as to whether:
1. the employee is now performing in an acceptable manner; or
2. the employee's performance remains unacceptable. If so, this second notice may be accomplished in a notice of proposed action described in Section 7 below.
A unit employee who is proposed to be removed based on unacceptable performance shall be given thirty (30) days advance notice of the proposed action, which:
A. states the reasons for the proposed action in detail;
B. identifies specific instances of unacceptable performance by the unit employee;
C. identifies the critical elements of the unit employee's position for which performance is unacceptable;
D. states that the unit employee may review the material relied upon in proposing the action and make reasonable copies of such material;
E. informs the unit employee of the right to reply orally or in writing, or both, within fifteen (15) days from receipt of the proposed notice.
Two (2) copies of the notice of proposed action shall be provided to the unit employee so that the unit employee may provide a copy to the Association. The notice of proposed action shall not rely upon any instances of unacceptable performance occurring more than one year before the date of such notice.
In those cases when a decision is made to remove a unit employee for unacceptable performance, such an employee may file a grievance under Article 12 of this Agreement within fifteen (15) days after receipt of the final decision on the proposed action. Two (2) copies of the notice of decision will be provided to the unit employee. Grievances of this nature may be filed at the regional level by the
Association or the affected unit employee. The Association may invoke arbitration on such a grievance not earlier than thirty (30) days from the date the grievance was submitted to the Regional Director, but not later than thirty (30) days from the date of receipt of the DoDDS final decision on the grievance.
ARTICLE 15 - USE OF SCHOOL FACILITIES
The Employer shall, within its discretion and subject to budgetary constraints, obtain for use of unit employees the equipment, facilities, and supplies which are necessary to the education process.
The Employer shall attempt to ensure that unit employees who must have unique materials or large equipment to adequately perform their duties (e.g., science, music, art) shall not be forced to move such unique equipment from room to room.
The Employer shall not open furniture, including storage furniture, located in the unit employee's work area unless the unit employee is present or with the express consent of the unit employee, except in unusual circumstances that necessitate such action. In such unusual circumstances, when feasible, it shall be done in the presence of a third party.
A. The Employer recognizes its obligation to provide and maintain a safe and healthful work environment. This covers, but is not limited to, contained asbestos, sanitary facilities, adequate lighting, ventilation, heating, air conditioning, and work space; work areas free from pollutants and excessive noise levels. The Employer shall establish channels of communications with officials of the host military departments and shall make every reasonable effort to ensure that adequate support is provided to maintain a safe and healthful work environment.
B. The Employer shall notify the appropriate FRS when the Employer becomes aware of serious health and safety problems. Unit employees should report any unsafe conditions to Employer officials at the school.
C. When a DoDDS school has been determined to contain hazardous
levels of asbestos by appropriate authorities, upon request of a unit employee at the school, a copy of the official notice shall be placed in the official personnel folder.
D. The Employer shall provide for periodic inspections of schools for unsafe, unhealthful, or hazardous conditions, but no less than annually. Copies of inspection reports shall be furnished to the Association.
Security of classroom facilities and equipment is important to both the Employer and the Association. Accordingly, methods and procedures for improving such security, including the selection of classrooms to be used by non-school organizations such as university classes, base organizations, and Sunday School classes may be subject for consultations at the school level.
The Employer shall provide reasonable accommodation for handicapped unit employees including appropriate access to and facilities in their assigned schools in accordance with law and government-wide regulations.
ARTICLE 16 - USE OF OFFICIAL FACILITIES
The Employer shall provide the Association in each school with a mailbox, where available, and/or a distribution box identified for the exclusive use of the Association. Mail received at the school specifically addressed to the Association shall be deposited in the appropriate box. The Employer will lend assistance to the FRS in acquiring an Association mailbox at the installation military post office, if available.
The Association, as the certified representative of unit members, shall have exclusive access to school internal distribution boxes for the distribution of Association (Union) literature, except in cases where another labor organization has gained equivalent status. Literature relating to the internal business of the Association (including the solicitation of membership, elections of Association officials, and collection of dues) shall only be distributed during the time the employee is in a non-duty status. It is understood that the Civilian Personnel Office may distribute information on government-wide health benefit plans.
Upon advance notice, the Employer shall make every reasonable effort to ensure that Association employees and officials are allowed access to military installations in order to conduct labor-management/Association business.
The Employer shall ensure that the Faculty Representative Spokesperson is provided reserved parking near his/her working area in the same manner as the school supervisor when not prohibited by the Installation Commander.
The Association shall be provided an area not to exceed 6' X 8' in a location convenient to a majority of the unit employees for posting Association material. Such area shall be for the exclusive use of the Association.
Upon request of the Association, the use of school facilities, equipment, and/or services not specifically mentioned in this Agreement shall be subject to consultations at the school level. The use of such facilities, equipment and/or services shall normally be provided when the Employer determines the following conditions are met:
A. the use of such facilities, equipment, and/or services will promote effective Labor-Management dealings;
B. no additional identifiable costs to the Employer will be incurred;
C. the use of such facilities, equipment, and/or services will not degrade or interfere with the educational process or interfere with the administration of the school office;
D. the use of such facilities, equipment, and/or services will not violate policies and/or regulations of the host Military Department/Installation, and other applicable regulations of higher authority.
Once approved, the use of such facilities, equipment, and/or services shall be subject to the general control procedures established by the Employer. Violations of such general procedures may cause cancellation/suspension in the use of such facilities, equipment, and/or services.
Section 7. Electronic Mail.
It is understood that, in order to assist the official representatives of the Overseas Education Association (OEA) in representing members of the unit, said representatives will be authorized to utilize the current cc: Mail and any replacement electronic mail under the following conditions:
A. OEA School Faculty Representatives will be authorized two-way communications with the appropriate OEA District Representatives and Area Directors.
B. OEA District Representatives will be authorized two-way communications with the appropriate OEA Faculty Representatives and Area Directors.
C. OEA Area Directors will be authorized two-way communications with the appropriate OEA Faculty Representatives and District Representatives.
D. The OEA national headquarters will be authorized two-way communications with the Personnel Center and, through it, all OEA field representatives if the OEA funds and maintains the necessary remote access hardware and software.
E. Other than the cost of the remote access software for the OEA national headquarters, the communications service will be provided at no cost to the OEA.
F. The communications may be used only for representational purposes. Use for union purposes or other non-representational purposes will result in the loss of the service to the OEA and its representatives.
G. The electronic mail may be routed to school and office "mail boxes" for distribution to individuals. It is understood that the electronic mail messages are accessible to Management for management and technical reasons; however, Privacy Act requirements must be recognized. MOU, 4/23/93
ARTICLE 17 - COMMUNITY ENVIRONMENT
When available, the Employer shall post applicable daily and/or weekly bulletins published by the local military command in designated locations within each school.
Unit employee participation in approved charity campaigns in response to community needs, bond drives, or other such activities is strictly voluntary. A unit employee's non-participation in a charity campaign shall not be used in the unit employee's evaluation. Unit employees shall not be required to financially support the teacher aide/paraprofessional program through direct contribution or fund-
The Employer shall not require unit employees to join Military Clubs.
The Employer shall ensure that unit employees are informed of their rights concerning their employment with the United States Government. In the event that a unit employee questions a particular regulation, the Employer shall ensure that the unit employee has access to the regulation, if available, and assistance in interpreting it.
In an effort to promote better relations with the Military Command and community, the Employer shall invite the School's Officer and the United States Installation Commander to meet the faculty as early in the school year as possible.
ARTICLE 18 - NONDISCRIMINATION
The Employer and the Association agree to cooperate in providing equal employment opportunity for all persons; to prohibit discrimination because of race, color, creed, national origin, sex (including sexual harassment), handicapping condition, marital status, age, religious affiliation or political affiliation except as provided by federal law and government-wide regulations; and to promote the full realization of equal employment opportunity in accordance with applicable law and government-wide regulations.
The Employer and the Association agree that the Equal Employment Opportunity (EEO) program should be administered consistent with applicable Equal Employment Opportunity Commission regulations. The provisions of DS Regulation 5713.2, DoDDS EEO Program, dated September 6, 1984, as amended, shall also be applicable, except when inconsistent with this Article. The following provisions shall be part of the DoDDS EEO program:
A. When the Employer determines that training is appropriate, DoDDS unit employees designated as EEO counselors shall receive such training in EEO counseling techniques, complaint procedures, and reporting techniques. Refresher training shall also be provided as determined appropriate by the Employer.
B. Unit employees designated as EEO counselors shall be given a reasonable amount of official time on a case-by-case basis to counsel EEO complainants.
C. Unit employees designated as EEO counselors shall be free from restraint, interference, coercion, discrimination, or reprisal in counseling unit employees.
ARTICLE 19 - STUDENT DISCIPLINE
The Association and the Employer agree that the maintenance of appropriate standards of student discipline promotes an optimum learning environment. The Employer and unit employees are responsible for maintaining discipline in accordance with standards established by the Employer. The Employer shall provide support and assistance to unit employees in their efforts to maintain discipline. The parties recognize that the final decision and responsibility concerning student discipline are retained by the Employer.
ARTICLE 20 - POSITION DESCRIPTIONS
Upon reasonable request, unit employees shall be provided with a copy of their current position description.
A unit employee's allegations of inaccuracies in his/her position description may be submitted under the Negotiated Grievance Procedure.
The Employer shall notify the Association when new or revised standardized position descriptions are to be implemented which would result in downgrading or upgrading action of a class or occupational specialization of unit employees at more than one school site and shall allow the Association a reasonable time in which to reply.
ARTICLE 21 - TEACHER LEAVE
Section 1. - Accumulation of Leave.
Full-time P.L. 86-91 unit employees accumulate leave at the rate of one day for each calendar month of service or part thereof in a school year. If the school year includes more than eight months, any full-time unit employee who has served for the entire school year is entitled to 10 days of cumulative leave for that school year. The Employer shall accept the unit employee's last "Leave and Earnings" statement, pending receipt of official documentation from the last finance office, as evidence of accrued leave when a unit employee returns to duty. Ten days' leave shall be credited to full-time unit employees hired for the full school year at the beginning of the school year. Educator Leave may be advanced for use within the school year. Such advances are normally limited to the amount, which will be accrued within the school year. Under unusual circumstances, a supervisor may approve up to 30 days of advanced Educator Leave. Such advances shall be subject to subsequent earnings of Educator Leave or repayments upon separation for any leave advanced but not earned. Educator leave may be used for maternity purposes, in the event of illness of a unit employee, in the event of illness, death, or contagious disease in the immediate family of the unit employee, or in the event of any personal emergency. In addition, each unit employee is entitled to use up to three days' leave per school year for any purpose and is not obligated to state the reasons for requesting such leave. Once the Employer has approved the request from a unit employee to take any purpose leave, it shall not withdraw such approval except for good reason.
Section 2. - Request for Leave.
Leave should be requested and approved in advance before it can be taken. Leave need not be requested in advance when circumstances such as illness and/or emergencies prevent a unit employee from requesting leave in advance. In such cases, the unit employee will request leave as soon as possible.
Section 3. - Paternity Leave.
A. When the wife of a unit employee is physically incapacitated by reason of pregnancy or complications resulting therefrom, said unit employee may be granted Educator Leave. The unit employee may be required to present documentary evidence from a competent medical authority to establish said physical incapacitation.
B. If, in the above situation, the unit employee does not have accrued leave, the unit employee may be granted advanced leave or Leave Without Pay upon request.
Section 4. - Adoption Leave.
One or both adoptive parents may be granted Leave Without Pay or Any Purpose Leave in order to accomplish the official actions necessary to adopt the child and for acclimation of the adopted child in its new home. Such leave, when both parents are involved, may be concurrent or consecutive. Such leave may be granted only immediately before and/or after the adoption.
Section 5. - Any Purpose Leave.
Normally, Any Purpose Leave should not be taken during the first or last week of the school year. Exceptions may be granted when early departure or late arrival is necessitated by summer school attendance or other reasons acceptable to the Employer.
Section 6. - Withdrawal of Leave Request.
A unit employee may withdraw a request for paid leave or Leave Without Pay without penalty prior to the time such leave begins, provided that the Employer has reasonable time to withdraw any offer of employment which has been made to a substitute teacher prior to the time the substitute departs for the work site.
Section 7. - Absence Without Leave.
AWOL is an absence from duty which is not authorized or for which leave has not been requested or approved. Although AWOL is in itself nondisciplinary, disciplinary action may be taken when appropriate. An AWOL charge, upon request of a unit employee, may be charged to another leave status if the Employer, after a review of the circumstances, determines that such a change is warranted.
ARTICLE 22 - EXCUSED ABSENCES
The Employer shall excuse a unit employee from duty without loss of pay and without charge to leave when such actions require the presence of the unit employee and cannot be accomplished outside the duty day for:
A. Packing, unpacking, and customs, or administratively required clearance of household goods and POV prior to shipment or upon receipt of shipment and when the unit employee is required to be present. When both husband and wife are employed by DoDDS, either may be excused. When the unit employee is a dependent of a military or civilian employed outside of DoDDS and has chosen to complete the school year after the spouse has been reassigned, the unit employee may be granted excused absence under this provision.
B. Movement to new quarters when such movement is officially directed by a U.S. Government agency based on the unit employee's DoDDS employment.
C. Seeking immediate medical attention for any injury sustained while on duty, except that this subparagraph shall not be construed as negating any rights under Worker's Compensation.
D. Conducting official business of a personal nature with military offices to include, but not limited to, matters relating to drivers' licenses, ID cards, passports, housing, finance and personnel. (Not to exceed one half day except in unusual circumstances which are acceptable to the supervisor.)
E. Conducting business with official offices (POV registration and inspection, etc.) and utility companies of the unit employee's host nation, required because of the unit employee's status as a foreigner in the host nation. (Not to exceed one half day except in unusual circumstances which are acceptable to the supervisor.)
A supervisor may excuse a unit employee from duty without loss of pay and without charge to leave for:
A. Attendance at a conference, convention, hearing, or meeting when it is determined that attendance will serve the best interests of the Federal Service.
B. Attendance at a school, parent, or installation-sponsored activity when it is determined that attendance will serve the best interests of the school or DoDDS.
C. Blood donations. (One Half Day)
D. In any other instance when, in the judgment of the supervisor, the requirement for the absence cannot be clearly differentiated from official business.
Section 3. - Late Arrival and Early Departure
A. When a unit employee is performing initial travel overseas or is on the return portion of renewal travel and is delayed in reporting for duty solely through fault of the Government, the unit employee shall be paid for those duty days occurring prior to the date of arrival. When job offers are made less than fifteen (15) days before the beginning of the school year, the full school year salary shall not be paid. In such cases, salary will begin as of the date of arrival. Such determination will be made on an individual basis and documented in writing. Acts of God that serve to delay official transportation shall, in this context, be considered as the fault of the Government. Delinquency of the unit employee in requesting or reporting for travel shall be considered the fault of the unit employee.
B. If the Employer has directed summer recess training or education, including where and when, which requires departure prior to the end of the school year or arrival after the beginning of the school year as beneficial to the Government, the duty days missed by the teacher shall be excused without charge to leave or loss of pay. Such determinations will be made in advance on an individual basis and documented in writing.
Section 4. - School Closures
A. The decision to release unit employees when schools close due to inclement weather or other emergencies is retained by the Employer.
B. When schools close for students due to inclement weather or other emergencies and unit employees are required to report to the work site, a unit employee shall be administratively excused for up to one half day when such weather or emergency conditions prevent timely arrival. In determining whether emergency conditions warrant late arrival, the Employer shall consider the efforts made by the unit employee to get to work in a timely manner, taking into account the unit employee's normal commute and normal modes of transportation used.
ARTICLE 23 - LEAVE WITHOUT PAY
Leave without pay is a temporary nonpay status and absence from duty, which may be granted upon the unit employee's request. The authorization of leave without pay is a matter of administrative discretion by the Employer.
A unit employee may be granted extended leave without pay for a requested period up to the maximum permitted by law for the following, not all inclusive, reasons:
B. illness or disability;
C. illness or death of a member of the immediate family;
D. teacher exchange program;
E. service as an officer or representative of the Association;
F. maternity/paternity purposes to provide time for a period of adjustment and to make arrangements for the care of the child;
G. leave for adoption to provide time for a period of adjustment and to make arrangements for the care of the child;
H. not to exceed one school year from the beginning of the next school year to accompany a Government employee spouse to a new duty location.
Decisions on requests for extended leave without pay must be based on an
assurance that the unit employee will return to duty and that the value to the Government or the serious needs of the unit employee is sufficient to offset the costs.
Employees returning to duty from long term leave without pay for education may indicate placement preferences to the appropriate regional director. Any preferences must be indicated at the time the employee notifies the region of their impending return to duty, normally in February preceding the beginning of the school year in which they will return. The regional director will consider such request in making placements. It is understood, however, that placements may be made by the Employer to any position (teaching category and location) within the region. MOU, 2/23/90
ARTICLE 24 - WITNESSES
Section 1. - Definitions.
A. "Unit employee" is a person employed on a permanent or temporary either full-time or part-time, but does not include a person employed on a substitute, when-actually-employed, or intermittent basis.
B. The term "judicial proceeding" includes any action, suit, or other proceeding of a judicial nature (including any condemnation, preliminary, informational, or other such proceeding), but does not include an administrative proceeding.
C. The word "summoned" does not intend that a subpoena be required, but that the summons be an official request, invitation, or call, evidenced by an official writing from the court or authority responsible for the conduct of the proceeding, thus excluding strictly voluntary appearances from court leave coverage.
D. The term "agency proceeding" as used in Section 7 of this Article means an agency process as defined by paragraphs (5), concerning rule making, (7), concerning adjudication, and (9), concerning licensing, of 5 U.S.C. 551.
When a unit employee is summoned or assigned by his/her agency to testify in his/her official capacity or to produce official records at a judicial proceeding, he/she is in an official duty status, as distinguished from a leave status, and entitled to his/her regular pay.
When a unit employee is summoned as a witness in a judicial proceeding to testify in a non-official capacity on behalf of a state or local government, he/she is entitled to his/her regular pay during the time he/she is absent as a witness.
When a unit employee is summoned or assigned by his/her agency to testify in a non-official capacity on behalf of the United States Government or the Government of the District of Columbia, he/she is in an official duty status as distinguished from a leave status, and is entitled to his/her regular pay.
When a unit employee is summoned as a witness in a non-official capacity on behalf of a private party in connection with any judicial proceeding to which the United States, the District of Columbia, or a state or local government is a party, he/she is entitled to his/her regular pay during the time he/she is absent as a witness.
If the witness serves in a non-official capacity on behalf of a private party not in connection with any judicial proceeding to which the United States, the District of Columbia, or a state or local government is a party, the unit employee's absence must be charged to leave or leave without pay, and he/she may accept fees and expenses incidental thereto.
A unit employee is entitled to travel expenses in connection with any judicial or agency proceedings to which he/she has been summoned (and is authorized by his/her agency to respond to such summons), or is assigned by his/her agency (1) to testify or produce official records on behalf of the United States or (2) to testify in his/her official capacity or produce official records on behalf of a party other than the United States.
ARTICLE 25 - PAY SETTING PRACTICES
(Upon Completion of Higher Education)
Section 1. - Step Increases.
When a unit employee who has one or more full school years in the top step of the assigned salary schedule becomes eligible for salary advancement to a higher education salary schedule within the same class through completion of a higher level of education, the unit employee shall be advanced one step in the new salary schedule when said schedule contains more steps than the former schedule.
Section 2. - Completion of Higher Level Education.
A. Hours of credit for use in setting unit employees' salary or in determining qualifications are restricted to semester hours of credit in courses or degrees earned from an accredited college or university, as listed in the United States Office of Education Directory. Education obtained at a non-accredited institution is acceptable to the extent it has been accepted for further studies at an accredited institution. Questions concerning the acceptance of credit or degrees from a non-accredited institution of higher learning shall be submitted through channels for individual determinations to the Office of Dependents Schools. The only credits or degrees (except for the Bachelor's degree pay lane) acceptable for pay purposes are those graduate level courses that may improve a unit employee's teaching ability in his/her current position/subject area or which may provide advancement to another position within DoDDS or which is in a discipline generally recognized as educationally oriented in content. Any other credits or degrees to be acceptable for pay purposes must be approved by ODS prior to commencement of such study.
B. A unit employee who completes the advanced education required to qualify for a salary under a higher education salary schedule shall be assigned the higher salary rate effective on the first day of the first pay period following the date the education was completed. Such adjustment shall be made upon receipt of written documentation in which the college or university concerned specifies the date when the unit employee completed the advanced education, or the date when the unit employee met the requirements for a specific degree.
C. Upon reappointment to a 20 USC 901-907 position, all prior service in a 20 USC 901-907 professional position (does not include clerical and paraprofessional position) will be credited for pay purposes up to the maximum step authorized in the appropriate salary schedule regardless of any established maximum creditable years of service for appointment or reappointment. Should the accumulated years of creditable service equal or exceed the established maximum step on the appropriate salary schedule, no other experience can be credited for pay. This policy is retroactive effective for reappointment on and after August 1, 1986, only for those employees who were employed by DoDDS on June 1, 1987. MOU 6/23/87
ARTICLE 26 - PAY RETENTION
Except for actions based upon personal cause or upon the unit employee's request, an employee moved, through no fault of the unit employee, from a pay schedule with a higher daily rate of pay to a pay schedule with a lower rate of pay (using the same step and academic lane for comparison) shall be entitled to pay retention in accordance with the provisions of this Article. To be eligible for pay retention, the unit employee must have held the higher rate for at least one calendar year immediately preceding the effective date of the change to the lower daily rate. Pay retention is as follows:
A. For a period of two years from the effective date of an action involving a position change, the employee will receive the full dollar amount of the next two annual pay survey adjustments authorized for unit employees in positions equivalent to the employee's former position and will be eligible to earn the full dollar amount of any step increase which would have been earned in the employee's former position. After two years from the date of the action changing the unit employee to a position covered by a lower pay rate schedule, the employee will receive one-half of the full dollar amount of subsequent annual pay survey adjustments authorized for the employee's former position. No step increase shall be earned after two years on retained pay except as provided in Section 2 below.
B. For a period of two years from the date of an action involving no position change where a pay adjustment from a higher pay rate schedule to a lower pay schedule occurs, the employee will receive the full dollar amount increase of the next two annual pay survey adjustments authorized for unit employees on the new pay rate schedule for the equivalent step and academic lane and will be eligible to earn the full dollar amount of any step increase on the new pay rate schedule, which the unit employee would otherwise have earned. After two years from the date of the action changing the unit employee to position covered by a lower pay rate schedule, the employee will receive one-half of the full dollar amount of subsequent annual pay adjustments authorized for the employee's new position. No step increase shall be earned after two years on retained pay except as provided Section 2 below.
At such time as the employee's retained rate of pay is matched or exceeded by the highest pay rate for the appropriate academic level on the new pay schedule to which the employee has been assigned, the employee will be placed on the appropriate step on the new schedule which is closest to, but not less than, his or her rate of pay at the time. The employee will then become eligible for any steps and annual pay survey adjustments as would be routinely received on the new pay schedule.
These provisions shall cease to apply to any employee who has a break in service of one workday or more, or who voluntarily accepts a position at a daily rate of pay equal to or greater than that held immediately before the effective date of the change to lower daily rate, or who refuses a reasonable offer of such a position, or who is moved to a lower daily pay for personal cause or at the employee's request.
ARTICLE 27 - EXTRA-CURRICULAR ACTIVITIES
Members of the bargaining unit are encouraged to notify the Employer at the school of any interest they might have with regard to filling extra-curricular positions which might become available. The Employer will make every effort to fill extracurricular positions in accordance with the expressed preferences of the qualified employees in the bargaining unit in the school. In the event the Employer does not fill all available positions in accordance with the preferences of the employees, then the Employer agrees to actively seek qualified volunteers from the bargaining unit at the school. Further, the Employer agrees that the filling of extracurricular positions shall be done in a fair and equitable manner and shall not be arbitrary and capricious. No employee the bargaining unit shall be required to accept an extracurricular activity, except where the vacancy cannot be filled with a qualified volunteer.
Unit employees who accept an extra curricular assignment shall sign a written agreement with the principal indicating duties, rate of pay and length of activity when such duties must be performed outside the workday. A copy of the agreement shall be provided to the unit employee. (Use form in DoDDS Regulation 5550.9 attached at the end of this Article. DS Form 5053 is to be utilized as is, and no alternate language is to be substituted or added to the form). MOU 7/20/92
In order to classify an activity at a particular school as a paid extracurricular activity which is not currently carried at such school as a paid extracurricular activity, a request must be sent through normal channels for the Employer's approval.
DoDDS Regulation 5550.9, dated October 7, 1988, will apply unless in conflict with this Article.
ARTICLE 28 - GRADE LEVEL AND DEPARTMENT CHAIRPERSONS
The parties agree that the functions performed by the grade level and department chairpersons are vital to the ongoing educational program. In schools that have grade level and department chairpersons, the Employer may authorize a preparation period in those instances where the Employer requires such unit employees to serve as grade level or department chairpersons. When such preparation periods are not provided and such duties cannot be performed during the duty day, extra-duty compensation for the time required outside the duty day shall be paid in accordance with procedures of DS Reg. 5550.9, dated October 7, 1988. Prior approval to perform such duties outside the duty day must be obtained from the Employer.
Unit employees within each grade level and department may nominate other unit employees within the same grade level or department at the same school to serve as grade level or department chairpersons.
ARTICLE 29 - TEMPORARY PROMOTION
A unit employee who is temporarily assigned to a position with a higher pay rate for more than 30 days shall be given a temporary promotion provided the unit employee meets minimum qualification requirements for the position.
ARTICLE 30 - CHILD CARE CENTERS
Where child care centers are provided by host military installations, the Employer shall make reasonable efforts to ensure that unit employees have access on an equal basis as that established for other civilian federal employees assigned to the installation.
If, at the sole discretion of the Employer, available space in a DoDDS school is used to establish a child care center, unit employees shall have equal access with other military and civilian employees.
ARTICLE 31 - EDUCATION/TRAINING OPPORTUNITIES
A. In addition to training available through Government facilities, unit employees may be sent to non-government facilities for needed training that is not reasonably available within the Government. The Employer may pay all or part of the unit employee's salary, tuition, travel and transportation costs, and per diem. Where the Employer determines to provide such benefits to the unit employee during training at non-government facilities, the Employer shall give priority consideration to unit employees who request such training in order to meet new qualification standards for their position or recertification requirements. It is understood, however, that the needs, such as shortage skill training, as determined by the Employer, shall be the primary consideration in such determinations. The Employer shall provide general publicity on any continuing training programs which it will fund in whole or part and shall provide publicity and detailed guidance on any special training opportunities, such as long-term training.
B. When the Employer changes qualification standards, unit employees currently occupying positions in teaching categories affected by the change and those unit employees who are occupying positions in teaching categories for which an additional teaching category is required and the change affects the additional category shall receive one hundred percent (100%) tuition assistance, up to a maximum of $100.00 per semester hour, in accordance with the Government Employees Training Act, to assist the unit employees in the attainment of required credits to meet such changes in qualification standards. The parties agree employees must receive prior approval for tuition assistance expenses to be eligible for reimbursement. MOU 12/23/91
Affected unit employees shall be given two calendar years after the change becomes effective to earn three (3) semester hours, or portion thereof, of credit required by changes in qualification standards. When changes require more than three (3) semester hours, the unit employee shall be given an additional calendar year for each additional three (3) semester hours requirement or portion thereof, to attain required credits. Failure to meet new qualification requirements for the position occupied during the period of time allowed, for reasons unacceptable to the Employer, may result in removal from the position occupied.
Section 2. - Summer Attendance at an Accredited College or University.
Round-trip renewal agreement transportation in a Leave-Without-Pay status may be authorized in the case of a unit employee who desires to return to the United States for the summer at the end of the first school year of service under an agreement for the purpose of attending an accredited college or university to pursue courses for professional preparation and advancement that are related to his/her present or planned DoDDS assignment, or other specific professional preparation meeting a current DoDDS requirement or attending courses that are required for continued certification and recertification, provided a renewal
agreement is signed before leaving the overseas area. The unit employee will be required to present satisfactory evidence of acceptance by, or a bona fide intent to attend, such an institution for an appropriate course of study of not less than six (6) semester hours. The unit employee will be required to refund to the Government the cost of the return travel to the United States for the purposes of attending such courses of study if he/she fails for reasons unacceptable to the employing activity concerned to present evidence of satisfactory completion of the courses. Those who return to the United States under the exception contained in this subparagraph will, upon return to the overseas area, begin a new two school-year cycle under the renewal agreement.
Section 3. - Administrative Reemployment Rights.
The Employer may grant administrative reemployment rights to a unit employee satisfactorily serving under an Excepted Appointment Without Condition who desires to pursue a one or two year course of formal study, participate in a project or study, or accept temporary employment when the results of such would prove beneficial to DoDDS.
A. The obligation on the part of the Employer to reemploy exists whether or not the Region that granted the reemployment rights can absorb the unit employee. The Employer shall attempt to place the unit employee in another region if the granting region does not have an appropriate vacancy. The employee may express a preference as to location which management will consider. 93 FSIP 06, 1/12/94 (During the hearing).
B. The failure of a unit employee to comply with all terms of the reemployment agreement (see form at end of this Article) does not preclude reemployment of the employee. Upon request, said unit employee will be considered for placement through the appropriate recruitment programs without regard to the suspense dates for final acceptance of applications.
C. Employment, projects, or courses of study outside the United States may be pursued only if the unit employee acknowledges that he/she will no longer be a member of the forces under any Status of Forces Agreement and must relinquish identification cards, ration cards, driver's license, vehicle registration, etc., upon resignation. A major factor in such a choice is that the unit employee may be treated as a local hire and, therefore, would not be entitled to benefits, such as housing and transportation, normally granted to unit employees who have established actual residence in the United States.
D. The unit employee shall submit a written request through supervisory channels to the Regional Director that indicates:
1. The employment, project, or course of study to be under taken;
2. An explanation of the anticipated benefits to the school system;
3. The school year or years in which the unit employee would be absent from the school system;
(4) An acknowledgement, in a signed agreement, of the conditions under which the unit employee would be absent from the school system.
REEMPLOYMENT RIGHTS AGREEMENT FORM
This document represents an agreement between the Department of Defense Dependents Schools and the undersigned teacher, and becomes effective upon the teacher's separate, written resignation in order to pursue the course of study, participate in the project, or accept the temporary employment described on the reverse of this document. This is the sole agreement and no other written or oral representations will be honored.
I understand that this agreement is contingent upon my satisfactory completion of the program described on the reverse of this document and timely provision of documentation of its completion to the Regional Director. I will return to the Department of Defense Schools for School Year 19__, and the Department of Defense guarantees to place me in a position for which I am qualified.
I am aware that I must notify the Regional Director by certified or registered mail, prior to 1 February of the year in which the above school years begins, as to whether I intend to exercise my reemployment rights. Further, I must provide official documentation that I have satisfactorily completed that program described on the reverse of this document no later than the actual date of reemployment, but preferably by 30 June. Should I choose to pursue a program outside the United States, I acknowledge that I may not be entitled to benefits, such as housing and transportation, normally granted to those employees who have established actual residence in United States. In addition, I will not be a member of the forces under any Status of Forces Agreements between the dates of resignation and reemployment.
In the event of my failure to comply with all of the above, I understand that this agreement may be voided and that I may receive no special placement consideration with the Department of Defense.
APPROVED BY _____________________________ _____________________________
(Region Director/designee) (Signature of Teacher)
(Date Approved) (Present Grade or Class)
(Date of Request)
Section 4. - Teacher of the Year.
A. Each school year, prior to dissemination of information about the Teacher of the Year Program to unit employees, DODDS shall meet and consult with the Association at the National level concerning the Program.
B. Each school year that DODDS participates in the Program, prior to soliciting nominations, information about the Program shall be distributed to each school for posting and for unit employees' use.
C. The Association may designate an observer to be present at committee meetings established to screen unit employees' applications for DODDS Teacher of the Year.
D. The Association shall be informed of the DODDS selection for Teacher of the Year. The DODDS selectee shall be authorized official time with appropriate travel and per diem in accordance with applicable regulations for any travel associated with the Program which is directed by DODDS.
E. If the DODDS selectee for Teacher of the Year becomes the National Teacher of the Year, the unit employee shall be authorized paid leave and necessary logistical support in accordance with appropriate regulations, when they are not otherwise provided by the Program or its sponsors, to carry out duties directed by the Employer which are associated with the award. MOU, 3/5/90
Section 5. - DODDS Skillful Teacher Program, Trainers.
A. The Employer shall inform unit employees who are assigned to be trainers of the normal duty day before assigning such duties.
B. Unit employees who are directed by the Employer to travel away from their duty station shall receive travel and per diem in accordance with applicable regulations.
C. Unit employees who are directed by the Employer to perform training duties on Federal holidays shall be paid in accordance with DOD Directive 1400.13.
D. The Employer shall provide unit employees who are assigned as trainers assistance which it deems necessary and which is reasonably available at the work site.
E. Each trainer who is a unit employee shall be notified as to his/her immediate supervisor for evaluation purposes.
F. Each trainer who is a unit employee shall receive a copy of his/her position description.
G. Upon completion, the Employer shall attempt to place each unit employee who is reached for training as a certified trainer in his/her same teaching category in the same commuting area as the position previously held.
Section 6. - DODDS Skillful Teacher, Participants.
A. When directed by the Employer to travel during the normal duty day to attend training for the DODDS Skillful Teacher Program, unit employees who are otherwise in an official duty status shall do so without charge to leave or loss of pay. Travel and per diem shall be provided in accordance with applicable regulations.
B. Unit employees who are directed by the Employer to attend Skillful Teacher training on a Federal holiday shall be paid in accordance with DOD Directive 1400.13.
C. Official duty time shall be authorized for unit employees for peer observations and pre- and post-observations conferences which are assigned by the Employer.
D. It is the Employer's ultimate goal for unit employee participants to be observed by supervisors who have been trained in the Skillful Teacher Program.
Section 7. - DODDS Skillful Teacher, Association.
A. The Association shall be afforded the opportunity to provide input into developing the procedures for selecting unit employees as trainers and participants for the Skillful Teacher Program.
B. The Association at the appropriate level shall be afforded the opportunity to participate in the development of performance elements and standards to evaluate unit employees involved in the Skillful Teacher Program. It is understood that the final determination rests with the Employer.
C. The Association shall be informed as to the status of the program after each phase of operation.
D. The Association shall be informed of the person responsible at the regional level for evaluating the trainers.
D. The Association shall be provided with any final written report or recommendations of the Skillful Teacher Program Task Force upon request. MOU, 3/7/90
Section 8. Study of Teaching Evaluation Program.
A. It is agreed that the TST Program Evaluation is being initiated in order to determine whether teachers' use of TST strategies is making a difference in students' performance.
B. It is agreed that evaluation of the program will be conducted with 3rd and 4th grade teachers and students at about 10 schools.
C. It is agreed that evaluation of the program is not being taken to target any teachers and no evaluation results will be shared with principals or used in anyway against an individual teacher.
D. It is agreed that DODDS will notify the appropriate OEA Area Director prior to the actual evaluation at any particular school and, if requested, DODDS will provide the Area Director a briefing on the program evaluation process. MOU, 12/16/94
ARTICLE 32 - IN-SERVICE EDUCATION
The Employer is responsible for determining the in-service education needs of unit employees.
In cases which involve an individual unit employee in need of remedial training, the appropriate means of accomplishing such training shall be discussed between the Employer and the unit employee concerned.
In cases which involve small groups of unit employees whose skills must be upgraded to effectively conduct a program, appropriate training shall be decided upon by the Employer through consultations with the unit employees concerned.
In cases where it is considered appropriate to conduct training on a school-wide basis, the Employer shall consult with the Faculty Representative Spokesperson regarding such training.
In cases in which it is considered appropriate to conduct training on a basis broader than school-wide, the Employer shall inform the appropriate Association representative and, upon request, shall consult with the Association representative at the affected level regarding such training.
ARTICLE 33 - DEVELOPMENT OF NEW/SPECIAL PROGRAMS
The Employer retains the right to establish new/special educational programs, such as, but not limited to, a preschool program. Normally such programs shall not be implemented without the training and/or materials, as may be deemed necessary by the Employer, except to meet the exigencies of the mission. The appropriate level of the Employer shall notify the Association representative at appropriate implementation level(s) of intent, rationale, potential impact, and proposed implementation procedure. The Association and the Employer at the appropriate level(s) shall meet to consult and, if required, to negotiate arrangements to minimize adverse impact on personnel resulting from the changes.
ARTICLE 34 - CERTIFICATION AND RECERTIFICATION
The Employer shall determine the requirements for certification and recertification for all full and part-time unit employees.
All unit employees are required to be certified initially for a six (6) year period and recertified for each successive six (6) year period of employment. Initial certificates shall be dated at the beginning of a school year.
Certification Review Board: A board whose five members are appointed by the DoDDS Director to review and make recommendations on appeals received from educators regarding the rulings of certification staff. The members of the Board will serve a one-year term and meet at the call of the Director.
Certification: Certification is a process that verifies that an individual has satisfactorily completed specified requirements for a given certificate.
Recertification: Recertification is the periodic renewal of the certification process.
The Employer shall ensure that all unit employees are in possession of a current, valid certificate; initiate appropriate corrective action when unit employees fail to meet certification and recertification requirements; upon request, assist any unit employee in reviewing and evaluating recertification credentials; and ensure that appropriate guidance, assistance, and counseling are provided to all unit employees regarding the requirements for certification/recertification.
Each unit employee shall be responsible for maintaining a valid Department of Defense Dependents Schools certificate, earning the required recertification units, presenting documentary evidence of completion of the required renewal units, and providing copies of official college/university transcripts.
In cases where official transcripts previously provided by a unit employee have been lost, discarded, or destroyed by an Employer official, including Representatives of servicing civilian personnel offices, the unit employee shall, upon written request of the Employer, order another official copy of the transcript for direct transmittal from the university to the Employer. Upon receipt of the transcript and submission of the appropriate claim, the Employer shall reimburse the employee for any transcript fee. MOU, 8/21/90
Requested reassignments to new positions are possible with a valid teaching certificate for the new position(s) with evidence that the current qualifications as published by DoDDS for the pertinent school year have been met. A unit employee may apply for reassignment to a new position if the unit employee does not currently hold a teaching certificate, but meets the qualifications as published by DoDDS for the pertinent school year. Upon acceptance of the position offer, the unit employee shall apply for and be issued an appropriate certificate.
The Employer shall extend the certification or recertification period by the period of absence when a unit employee is absent from duty for thirty continuous days or more for personal illness, maternity, illness in the immediate family, or for service as an officer or representative of the Association.
Upon appropriate application, a unit employee's certificate shall be updated to reflect changes in position category titles and codes and for any new position categories when qualification standards are met for additional instructional endorsements. Initial titles and codes shall also be retained for the life of the certificate. When a unit employee is reassigned to position categories not identified on the current certificate, said unit employee's certificate shall be updated to include the new position categories assigned.
No unit employee shall be terminated as a result of lack of certification or recertification unless given twelve (12) months' advance written notice of projected deficiency.
Provided the unit employee has met the certification/recertification requirements, once the certificate has been issued, it will not be revoked under normal circumstances.
DS Regulation 5000.9, dated December 2, 1985, with amendments in effect August 18, 1989, will apply when not in conflict with this Article.
ARTICLE 35 - TOUR OF DUTY
Tours of duty for unit employees in effect as of March 22, 1985 shall remain in effect for the duration of this Agreement unless mutually agreed otherwise at the national level.
ARTICLE 36 - DRESS AND APPEARANCE
Unit employees are expected to comply with reasonable apparel and grooming standards that derive from consideration of health, safety, and type of position occupied.
Any prohibitions by supervisors on unit employee dress and appearance must be based on a clear showing that the prohibited things contribute to an unsafe, non-productive, or disruptive work environment. Displeasure with styles and modes of dress and grooming that may be currently in vogue is not adequate criteria for making such a determination.
Discussions between a supervisor and a unit employee on an alleged failure to comply with reasonable standards must precede the imposition of disciplinary action.
ARTICLE 37 - PASSPORTS/VISAS/IDENTIFICATION CARDS
The Employer shall inform unit employees of the requirements for official passports, visas, identification cards, and travel documents necessary for official duty, which are at the Employer's expense. Thereafter, the unit employee is responsible for compliance with these requirements. Unit employees are also eligible for tourist passports at the unit employee's expense.
The Employer shall make every reasonable effort to ensure that identification cards issued to unit employees have no geographical restrictions other than "Overseas Only", unless required by Status of Forces Agreements (SOFA), law, government-wide regulations, or DOD Regulation 1000.13, dated October 19, 1988.
The Employer shall make reasonable efforts to ensure that expiration dates on identification cards issued to unit employees are consistent with DOD Instruction 1000.13, dated October 19, 1988, and any applicable Status of Forces Agreements or statute. MOU, 3/13/90
ARTICLE 38 - MILITARY GRADE EQUIVALENCY
When an equivalent military grade is used for establishing entitlement to housing, travel, accommodations, etc., such grade level determination shall be made in accordance with the following:
If the Military Departments place a grade equivalent on unit employee identification cards, the above military equivalent grades shall be used.
ARTICLE 39 - THE EMPLOYEE ASSISTANCE PROGRAM
The parties recognize that alcoholism and drug abuse is illnesses, which are treatable. The earlier that a unit employee's alcoholism or drug abuse problems can be identified and treated, the greater the potential is for cure. To this end, the Employer shall take steps to ensure that unit employees may participate in Employee Assistance Programs, which are operated in accordance with applicable laws, regulations and guidelines. The Association agrees to support this program and to encourage unit employees to seek early assistance, as necessary, in cases of alcoholism and drug abuse.
The Employer shall notify unit employees annually of the existence of the Employee Assistance Program annually.
The Employer shall take reasonable steps to ensure that the unit employee's right to privacy is recognized.
If the Employer or the affected unit employee feels that said unit employee should be referred for counseling, it shall be arranged as expeditiously as possible.
Disability retirement is a benefit provided to protect the unit employee who is no longer employable in his/her position at the current grade or pay level because of a service deficiency caused by disease or injury. When there is a basis for removing the unit employee from his/her position through separation because of such a medical condition, the unit employee should consider filing for disability retirement.
The employee's application for disability retirement will be processed by the Employer in accordance with applicable Office of Personnel Management (OPM) regulations.
Generally, the interests of both the Employer and employee are served if the unit employee remains on duty when he/she can provide useful and efficient service without endangering himself/herself, others, or Government property. The Employer shall consider an employee's request for appropriate leave pending a determination on the employee's application for disability retirement.
When a unit employee states an intent to submit an application for disability retirement, the Employer shall assist the unit employee in obtaining information about the disability retirement program under the Civil Service Retirement System or the Federal Employees Retirement System, as appropriate.
ARTICLE 41 - PERSONAL INJURY IN PERFORMANCE OF DUTY
The Federal Employees' Compensation Act (FECA) provides compensation and medical care for all unit employees who are disabled due to personal injuries and/or disease sustained while in the performance of duty. The Employer shall take steps to ensure that the servicing civilian personnel office provides counseling with regard to the rights and benefits of all unit employees under FECA. http://www.dol.gov/esa/regs/compliance/owcp/fecacont.htm
ARTICLE 42 - HEALTH CARE
The Employer shall coordinate with the Military Departments in an effort to ensure that the unit employees receive the same level of health care as is provided to other civilian personnel of the Host Military Installation.
After giving full consideration to emergency situations, the civilian employees of the DODDS system should be granted access to the facilities on the same basis as other civilian employees of the Defense Department in the area. The bargaining unit members are entitled to equal but not guaranteed, access to the dental and health facilities together with other DOD civilian employees. 92 FSIP 17 & 103, 12/18/92
Immunizations required by agencies of the Federal Government for official travel directed by the Employer or required by DOD Instruction 6205.1, dated October 9, 1986, shall be provided at no cost to the unit employee.
Unit employees shall comply with the requirements of DOD Instruction 6205.1, dated October 9, 1986, when not inconsistent with the following provisions:
A. Unit employees shall be excused from immunization during their pregnancy.
B. Exceptions to required immunizations shall be for valid medical or religious reasons, as certified by recognized medical or religious authorities.
C. Unit employees required to receive immunizations shall be allowed to do so during the duty day without charge to leave.
D. Unit employees who become ill as a result of required immunizations shall receive administrative leave in accordance with the Federal Employees' Compensation Act.
E. The following restrictions on specific immunizations apply:
1. Unit employees born prior to December 31, 1955, shall be exempt from the measles (rubeola) immunization.
2. Male unit employees at or above the age of twenty-five (25) years and female unit employees at or above the age of forty-five (45) years shall be exempt from the German measles (rubella) immunization.
Section 4. Medical Documentation
A. DoDDS agrees that it will investigate any health care problems raised by employees and assist them in contacting the appropriate military hospitals and health care providers for resolution. MOU, 3/22/95
ARTICLE 43 - DAMAGE OR LOSS OF PROPERTY
Unit employees shall make every reasonable effort to maintain security within the classroom to reduce theft.
A unit employee shall report in writing any loss, damage, or destruction of school property to the Employer upon becoming aware of such loss, damage, or destruction.
No unit employee shall be required to sign more than a "sign in/sign out" form in order to check materials out for use in the work area.
ARTICLE 44 - DUES-WITHHOLDING AGREEMENT
The Employer shall provide dues-withholding for payment of Association dues for unit members in accordance with 5 U.S.C. 7115.
Allotments shall be effective on the second complete bi-weekly pay period in October of each school year. The amount of such allotments shall be the designated dues identified on each Standard Form 1187 initiated by a unit employee divided by 12 full pay periods unless mutually agreed otherwise between the parties.
Unit members who enter the dues-withholding agreement at a time when fewer than 12 full pay periods remain in the school year shall have their dues prorated over the remaining full pay periods within the dues-withholding period.
SF 1187 forms which are in effect on the date of this Agreement shall continue in force under this Article. Therefore, for those unit members who have already authorized dues withholding under current negotiated Dues-Withholding Agreements, SF 1187 forms need not be re-executed.
Authorization for dues withholding with a SF 1187 will continue in full force and effect if a "not to exceed" employee is given another excepted appointment in the bargaining unit prior to the expiration of the NTE appointment.
The appropriate finance office will notify the Association in writing of any requests which are not honored. A remittance check will be prepared by the appropriate finance office at the close of each pay period for which deductions are made. These checks will be prepared and forwarded on the same pay schedule as for unit employees after the close of each pay period. The checks will be sent to the appropriate Association address in each region. Each remittance check will be accompanied by a listing of names and amounts withheld. The list will also include the names of employees whose allotments have been temporarily or permanently stopped and the reasons therefore.
DoDDS shall make the Association whole for any dues lost through the dues-
withholding process due to government error, as provided for by law.
Exceptions to this Article may be negotiated at the regional or appropriate local level.
ARTICLE 45 - DEBT COLLECTION ACT PROCEDURES
Unit employees shall be entitled to an oral hearing, which shall include the right to present evidence, including witnesses and documents. Further, unit employees shall have the right of reasonable pre-hearing discovery and the opportunity to question material government witnesses concerning their calculations and conclusions of indebtedness.
The timely filing of a petition for hearing shall stay the commencement of collection proceedings pending decision of the hearing officer.
All hearings held pursuant to the Debt Collection Act will take place at the overseas work site.
The unit employee may exercise whatever rights to review a decision of the hearing officer he or she may have under law. If the unit employee elects to grieve the decision of the hearing officer, such grievance must be filed at the regional level by the affected unit employee within fifteen (15) school days after receipt of the hearing officer's decision. The unit employee shall be authorized interest on all monies improperly withheld as provided for by law.
In the event the Agency violates the Debt Collection Act or the provisions of this Article, a grievance may immediately be filed. It is understood that this Article applies only to debts owed by unit employees within the Department of Defense and does not apply to debts owed to other Federal agencies. 41 FLRA 78, 7/31/91
ARTICLE 46 - UNIT EMPLOYEE WORKDAY
The school workday for unit employees, except dormitory counselors, shall commence not more than twenty (20) minutes before and terminate not more than thirty (30) minutes after the instructional day.
It is recognized that unit employees are expected to perform additional preparational and professional tasks necessary to the completion of their work. This work may be performed either at the school site or elsewhere.
The Employer shall make reasonable efforts to provide a reasonable amount of preparation time for each unit employee during the employee's instructional day.
DODDS shall make reasonable efforts to provide each unit employee with adequate preparation time during each instructional day of exams to prepare, administer, and grade required semester examinations.
Unit employees required by the Employer/Designee to prepare, administer, and grade semester examinations (s) shall be granted, to the fullest extent possible, adequate period of time following the end of the semester examinations to record and/or report examination scores.
Participating unit employees shall be authorized preparation time for additional work required by the duties prescribed in the Compensatory Education Manual. MOU, 7/12/94
Prior to changing the normal workday, the Employer shall afford the Association the opportunity to negotiate the changes in accordance with Article 7.
Section 4. - Lunchtime.
1. The employer shall make reasonable efforts to provide a duty-free lunch period of at least thirty minutes for all unit employees.
2. DODDS shall make reasonable efforts to seek volunteers and/or donated funds to meet the needs for lunchtime supervision.
3. DODDS shall make reasonable efforts to solicit funding from appropriate offices to meet the need for lunchtime supervision.
4. DODDS shall make reasonable efforts to use the services of presently employed para-professionals/teacher aides for lunchtime monitoring when the duties are not in conflict with the primary duties of assisting teachers and the duties fall within the prescribed duty day. MOU, 7/12/94
Section 5. 7-period day.
1. School level management has flexibility in scheduling the 7-period day subject to the approval of the Regional Director. This flexibility includes authority to adjust (increase or decrease) the length of class periods within the instructional day. While the policy is that instructional periods will be a minimum of 50 minutes, regional directors may, in individual cases, adjust instructional periods to not less than 48 minutes to accommodate student transportation requirements. It is DODDS policy that the length of the currently scheduled school workday (commencing not more than 20 minutes before and terminating not more than 30 minutes after the instructional day) will not be increased. Within the current workday, the reporting time before the instructional day, the lunch period and the period after the instructional day maybe adjusted to accommodate implementation of the 7-period schedule. It is not the intent to increase the instructional day for elementary, middle and junior high schools.
2. All full-time teachers in affected schools will have two non-teaching periods per day or the equivalent in minutes, normally to be used for preparation and for instructionally related purposes including meetings; peer coaching; working with colleagues in the improvement of instruction, evaluation, and the development of instructional materials; parent conferences; student conferences; etc.. The phrase ". . . teachers in affected schools will have two non-teaching period per day or the equivalent in minutes . . ." means that teachers, during these periods, will not have classes regularly assigned as a part of their daily schedule.
3. It is understood that management retains the right to assign duties.
4. The second planning period generated by the seven-period schedule will not be used as the instruction-free period under the DODDS-OEA agreement, Article 5, Section 2-E unless the provisions of Section 2-G apply. MOU, 4/24/93
5. DoDDS will eliminate any requirement that unit employees log or otherwise maintain records detailing activities or time spent during non-instructional class periods in the duty. MOU 1/20/95
ARTICLE 47 - HOUSING AND HOUSING ALLOWANCES
The Employer shall make every effort to ensure that adequate housing, commissary, exchange, laundry, and other essential facilities and services are available for unit employees if otherwise eligible.
When a unit employee has been assigned to a new duty station, the Employer shall make available to said unit employee accurate, up-to-date information regarding the availability of both Government (owned or leased) and economy housing prior to the issuance of travel orders, when possible. The Employer will also make available to each such unit employee information concerning the availability of government furniture and appliances at the new duty station.
If this information is incorrect or subsequently altered after shipment of household goods, the Employer shall accommodate, in accordance with appropriate regulations, the adversely affected unit employee either by:
A. storage of household goods;
B. provision of appliances and/or furniture; or
C. partial shipment of household goods.
Each unit employee who is performing services as a teacher at the close of a school year and agrees in writing to serve as a unit employee for the next school year may be authorized, for the recess period immediately preceding such next school year, quarters, quarters allowance or in lieu of such quarters or quarters allowance, storage of household goods.
The employer shall provide JROTC instructors with a stipend, in addition to all other forms of compensation currently received by them, to give them a living quarters allowance (LQA) for the summer months that the Schools are not in session. The amount of the stipend shall be determined by prorating the appropriate normal LQA for teachers to cover the summer period. 92 FSIP 17 & 103 12/18/92
If assigned housing at government expense, a unit employee required to vacate the housing shall be eligible, after two years, to reapply, in accordance with rules and regulations established by appropriate housing officials, as if he/she were a new arrival.
Unit employees who live in Government housing and are directed by the Govern-ment to move to economy housing shall have their moving expenses paid by the Government. Unit employees who live in economy housing and are directed by the Government to move to Government housing shall have their moving expenses paid by the Government.
When a unit employee entitled to housing at Government expense is required to pay fees for the maintenance of common areas, such fees shall be reimbursed to the unit employee.
When a unit employee entitled to housing at government expense is required to pay fees (absent other options) for the care or cleaning of the assigned housing, such fees shall be reimbursed to the unit employee.
The Employer shall provide a unit employee entitled to housing at government expense either housing which meets the minimum standards of adequacy established by appropriate military departments or, when such housing is not available, a living quarters allowance. After the prescribed period permitted by the regulations has elapsed and the employee has not obtained permanent quarters, the employee draws a living quarters allowance that is equal to what is the ceiling for that area, pursuant to the regulations governing temporary lodging, DSSR Chapter 121, rather than the DOD Regulation 1400.25M. 92 FSIP 17 & 103, 12/18/92
In addition to the situations outlined in DOD Regulation 1400.25M, Section 2-2 (b) (3), the agency will waive the requirements of DSSR section 031.12 (b) by granting a working teacher living quarters or a living quarters allowance if the sponsoring spouse retires. Such a waiver be granted for a limited period, i.e., to a dependent spouse who will be eligible to obtain her or his pension in seven (7) years or less from the date the waiver becomes effective. 92 FSIP 17 & 103, 12/18/92
The rule which limits annual rent to one-tenth of the original purchase price of a residence owned by a unit employee or the employee's spouse shall not apply when an employee resides in quarters owned by a family member other than a spouse. 92 FSIP 17 and 103, 12/18/92
ARTICLE 48 - TRAVEL
In the event a unit employee is directed to travel in the performance of assigned duties, the Employer shall arrange transportation at government expense, or the unit employee shall be authorized the option of using his/her privately owned vehicle (POV) and/or commercial travel, and shall be reimbursed for travel costs in accordance with the Federal Travel Regulations.
A. The Employer, upon request, may provide travel orders at no expense to the government for employee attendance at workshops sponsored by the Association.
B. The Employer may provide government transportation and transient government facilities for unit employee attendance at a meeting of a technical, professional, scientific, or other similar organization for which a unit employee has been authorized by the Employer to attend in a duty or non-duty status.
During the time when a unit employee requires medical evacuation from his/her duty station, he/she shall be entitled to transportation at government expense. Modes of transportation shall include, but not be limited to, the following:
Military vehicles other than aircraft
For return of the unit employee from medical evacuation to his/her duty station, he/she shall be entitled to transportation in Space Available, Category 1, Priority 1 status. Modes of transportation shall include, but not be limited to, the following:
MAC Aircraft 41 FLRA 78, 7/31/91
When a unit employee is excused from duty to travel to a point separate from his/her point of work to attend to personal emergencies (such as death of relatives, imminent death of relatives, disability sicknesses of relatives, legal proceedings, etc.) said unit employee shall be authorized Space Available, Category 1, Priority 1 travel through military transportation systems. For return, said unit employee shall be authorized Space Available, Category 2A travel through military transportation systems. During the summer recess the unit employee shall travel in accordance with appropriate regulations. 41 FLRA 78, 7/31/91
Unit employees who are eligible for Renewal Agreement Travel (RAT) shall have the option of: Circuitous route travel (unit employee is responsible for making his/her own arrangements and will pay for any and all additional expenses related thereto, if any);
Delays in route on MAC Aircraft or MAC Chartered Aircraft (unit employee is responsible for making his/her own arrangements and will pay for any and all additional expenses related thereto, if any);
Traveling on MAC Aircraft, MAC Chartered Aircraft, or Commercial carriers (constructive reimbursement in accordance with appropriate regulations); Unaccompanied travel for dependents.
Unit employees shall be authorized renewal agreement travel (RAT) during summer recess periods upon completion of their prescribed tour of duty under their transportation agreement. Completion of one hundred seventy-five (175) days in a pay status constitutes a school year for the purposes of RAT.
Unit employees shall be authorized roundtrip transportation (once each year) at government expense for each dependent (prior to age 23) attending an educational institution for higher learning in the United States, in accordance with the Department of State Standardized Regulations (DSSR).
Travel authorization may be based upon a unit employee's place of residence in the United States in accordance with the Joint Travel Regulations (JTR) in effect as of September 18, 1989.
A unit employee, not otherwise eligible for Government travel to his or her home of record in the United States at the close of the school year, may choose to pay the Government contract rate in effect at the time, rather than the commercial rate, to travel by regular commercial carrier to his or her home of record at the close of the school year. If requested, in writing, the Employer shall pay the difference between the applicable Government contract rate for such travel, and the applicable commercial rate, if any. 92 FSIP 17 and 103, 12/18/92
Category 2A Space Available Travel shall be authorized for unit employees, if otherwise eligible, attending Employer-approved training during recess periods. 92 FSIP 17 and 103, 12/18/92
ARTICLE 49 - OVERSEAS ALLOWANCES
A unit employee, otherwise eligible, who sells his/her privately owned quarters at any time and moves into different rental quarters not owned by the spouse is entitled to a living quarters allowance (LQA) for rental purposes, to the extent not prohibited by the DSSR.
If two or more unit employees at a post are eligible for LQA and decide to share the costs as the basis for each receiving LQA, each unit employee shall be entitled to receive 100% of the maximum payable to him/her based on his/her individual eligibility and the resultant LQA. No more than one may receive the "with family" rate, if married.
A unit employee eligible for a quarters allowance who is married to, and residing at the post with, a member of the military service of the United States may be granted the "without family" rate if the spouse in the military draws a quarters allowance. If the spouse in the military draws no rent allowance, the employee may be granted the "with family" rate plus increments for additional members of the family, except that no payment shall be made to the spouse of the member of the military service if the spouse resides with the member of the military service in Government-owned or leased quarters.
All unit employees, otherwise eligible, shall be authorized the maximum weight allowance permitted by law and government-wide regulations for the shipment of household and professional goods during movement under Permanent Change of Station orders (PCS). A maximum of 350 lbs. per family member, 175 lbs. for dependents under 12 years of age, with a maximum family rate of 1000 lbs., shall be authorized for the shipment of unaccompanied goods. In the event of a change in weight allowances, either side may request negotiations.
All unit employees, otherwise eligible, shall be authorized the maximum weight allowance permitted by law and government-wide regulations for the shipment of household goods and professional goods during movement under Renewal Agreement Travel Orders (RAT). A maximum of 100 lbs. per family member shall be authorized for the shipment of unaccompanied goods. In the event of a change in weight allowances, either side may request negotiations.
As defined in the DSSR, "Family" means one or more of the following relatives of a unit employee residing at his/her post, or who would normally reside with him/her at the post except for the existence of circumstances warranting the grant of a separate maintenance allowance, but who does not receive from the government an allowance similar to that granted to the unit employee and who is not deemed to be a dependent of a member of the family of another unit employee for purpose of determining the amount of a similar allowance:
A. Spouse, excluding a spouse entitled to and receiving a similar allowance;
B. Children who are unmarried and under 21 years of age or, regardless of age, are incapable of self-support. The term shall include, in addition to natural offspring, step and adopted children and those under legal guardianship of the employee or the spouse when such children are expected to be under such legal guardianship at least until they reach 21 years of age and when dependent upon and normally residing with the guardian;
C. Parents (including step and legally adoptive parents) of the unit employee or of the spouse, when such parents are at least 51 percent dependent on the employee for support;
D. Sisters and brothers (including step or adoptive sisters, or step or adoptive brothers) of the unit employee or of the spouse, when such sisters and brothers are at least 51 percent dependent on the unit employee for support, unmarried and under 21 years of age or, regardless of age, are incapable of self-support;
E. When determined by the Head of Agency to be in the interest of the government, a father, mother, brother, sister, son or daughter, regardless of age or dependency, who acts as the official hostess or equivalent for a unit employee who has no spouse residing with him or her at the post.
In accordance with 20 U.S.C. 905, a unit employee must report for service at the beginning of the next school year. If a unit employee does not report at the beginning of the next school year he/she shall, except for reasons beyond his/her control and acceptable to the Employer, be obligated to the United States in an amount equal to any quarters allowance which he/she may have received under 20 U.S.C. 905.
In accordance with existing regulations, all bargaining unit employees, local hires as well as CONUS hires, may, upon reassignment, move their household goods to the new duty station or into storage, in accordance with the appropriate existing provisions of the DOD's Joint Travel Regulations. 92 FSIP 17 and 103, 12/18/92
ARTICLE 50 - SUBSTITUTES
The parties agree that when unit employees are absent from duty, the use of substitutes is appropriate to help ensure that unit employees' duties are carried out. Substituting on a regular basis is not considered as part of a unit employee's normal duties. If such duty is required and results in the loss of scheduled preparation time or otherwise causes additional work beyond the duty day on a regular basis for an individual or group of unit employees, then impact bargaining may be proposed by the Association at the appropriate level.
The type and number of substitutes, as well as the circumstances for which substitutes are used, will be determined by the Employer.
ARTICLE 51 - PUPIL GRADES
A unit employee may establish his/her own grading system. In such cases, the unit employee is responsible for translating the grading system to the Employer's. The unit employee's record of grades shall contain a key for translating his/her system to the established grading system in use.
Students' grades may be requested for review and approval by the Employer before grade reports are distributed to students or parents.
In the event that any grade is challenged, the unit employee shall explain and justify the grade assigned.
If the Employer takes action to change a student's grade without the consent of the affected unit employee or directs the unit employee to change a grade, a written statement from the Employer shall be provided to the unit employee, stating that the change in grade and/or the passing or failing of the student was done at the discretion of the Employer.
ARTICLE 52 - DISTRIBUTION OF THE AGREEMENT
The Employer shall arrange for the printing and distribution of a copy to each member of the bargaining unit. Employees new to the bargaining unit shall be given a copy of the Agreement. Costs of such printing and distribution shall be borne by DoDDS.
ARTICLE 53 - DURATION AND SUCCESSOR AGREEMENT
This Agreement shall remain in full force and effect for three (3) years from September 18, 1989. Either party may give written notice to the other not earlier than one hundred and five (105) days or later than sixty (60) days prior to the anniversary date of the last year of this Agreement. If neither party serves notice of its intent to renegotiate this Agreement, the Agreement shall be automatically renewed for one (1) year periods. The present Agreement shall remain in full force and effect during the renegotiation of said Agreement and until such time as a new Agreement is effective.
When a negotiability appeal which arises out of the negotiations of this Agreement has been decided by the appropriate authority, upon request of the Association, the parties shall negotiate on the issues raised in the negotiability appeals procedure within sixty (60) days of the final decision. Agreements reached or settlements imposed shall become addenda to the Agreement.
Proposals concerning compensation outside the duty day have been suspended by the Association pending final judicial review. The Association may upon final adjudication request bargaining on those issues. If requested by the Association, the parties shall negotiate at the National level within sixty (60) days of a decision becoming final. Agreements reached or settlements imposed shall become addenda to this Agreement.
In the event the Employer appeals or fails to implement any provision of this Agreement, all other provisions will be implemented. Provisions of the prior Agreement shall remain in full force and effect during the appeal or failure to implement a similar provision of this Agreement.
Bargaining under Article 7 or Article 53 shall begin within sixty (60) days after written proposals are received by the Employer or the Association at the appropriate level. If an agreement has not been reached within forty-five (45) days after bargaining commences, the parties will mutually request the services of Federal Mediation and Conciliation Service (FMCS). The parties may mutually agree to extend or shorten the time limits specified under this section. If no agreement is reached within seven (7) days after mediation begins, bargaining shall be considered to be at impasse, and the parties will mutually request the services of the Federal Service Impasses Panel (FSIP) to resolve the impasse.
Summer recess will stay the time unless mutually agreed otherwise.
ARTICLE 54 - MANDATORY ELECTRONIC FUNDS TRANSFER/
DIRECT DEPOSIT OF PAY
It is agreed by the Overseas Education Association (OEA) and the Department of Defense Dependents Schools (DoDDS) that on August 1, 1991, or thereafter, a mandatory electronic funds transfer/direct deposit (EFT/DD) of pay policy may be implemented for all unit members. Individual payroll checks would no longer be mailed, unless an exception (waiver) is granted by a regional director following receipt of a written request based on personal hardship from the employee or employee's representative. The EFT/DD policy shall not apply to locations where, in the opinion of the regional director, adequate military banking and/or finance office teller facilities are unavailable during the unit member's non-duty hours for the purpose of cashing personal checks (in U.S. and foreign currency) in amounts sufficient to pay normal living expenses (e.g., monthly rent, utilities, subsistence buying). Foreign banks and check-cashing organizations charging conversion/ service fees substantially higher than charges imposed by base/installation bank or teller facilities are not considered adequate facilities for purposes of this memorandum.
The mandatory EFT/DD policy shall not apply when employees are unable to contract for EFT/DD services with a financial institution or organization (i.e., a bank, savings and loan association or similar institution, or a credit union chartered by the U.S. Government or a State).
In the event of pay problems related to EFT/DD (e.g., should checks drawn on an employee's account be returned due to insufficient funds) that would not have occurred had payment been properly deposited through EFT/DD, it is further agreed that the employee shall be entitled to prompt reimbursement of payment made by unit member for charges assessed by a financial institution or organization and for written notification that the employee was not at fault and recommending that the employee not be required to bear any liability.
In the event errors are made by the finance office in the EFT/DD program, no monies deposited in the account of an affected employee shall be withdrawn at the request of the Government except as provided for by the Debt Collection Act of 1982, as amended (Article 45 of the OEA/DODDS Agreement). The employee shall have reasonable access to government communications, including facsimile and telephone to resolve such inquiries.
The initial year of implementation shall be a trial year with the understanding that the parties shall meet prior to the completion of the first year to review and decide on continued application.
The regional director(s)/OEA will meet to consult on matters of interest/concern of this Agreement upon request of either party.
This agreement does not waive Association rights to negotiate on appropriate matters. MOU, 1/29/91
ARTICLE 55 - NCA ACCREDITATION TEAMS
The parties agree that, in the future, OEA unit members may be designated to serve as members of NCA accreditation teams. The determination as to who will be designated as members of accreditation teams, the procedures for making such determinations, and the determination as to which accreditation teams will include unit members are reserved to Management. The Association at the national or regional level may recommend the names of unit members to serve on accreditation teams. The parties further agree that the designation of unit members to serve on NCA accreditation teams may be terminated by management at any time. MOU 7/31/87
ARTICLE 56 - SUMMER SCHOOL
Management intends to use only volunteers for the summer school program under existing regulations and policies.
Both parties recognize Management has the right to assign duties; however, prior to assigning summer school duties to bargaining unit members who do not volunteer to teach summer school, Management will give 90 days prior notice to the Association to provide adequate notice for the Association to submit bargaining proposals. Management recognizes its responsibility to fulfill its bargaining obligations under the Statute. MOU, 4/2/92
ARTICLE 57 - SMOKING
In implementing DoD Directive 1010.10.F.4.a.(2) (h), Health Promotion, dated March 11, 1986, within DoDDS, the parties agree that in each DoDDS school where OEA unit members are assigned there will be a designated smoking area for faculty and staff members, space permitting, which is reasonably accessible. Efforts will be made to ensure that any area so designated is placed so as to minimize potential adverse effects on other staff members and students. A designated area will not be located where students are expected to be present. The location of the designated smoking areas will be determined at the school level. Faculty members and staff will smoke only in such designated areas. The parties agree that the prohibition on smoking in the presence of students is applicable only during the normal duty day or when sponsoring or chaperoning a school-related function at the site of the function. The remaining provisions of DoD Directive 1010.10 are fully applicable. MOU, 6/22/87
In implementing DoD Directive 1010.15, the parties agree to the following provisions:
ARTICLE 58 - PROGRESS REPORTS
The following agreement between the Department of Defense Dependents schools (DoDDS) and the Overseas Education Association (OEA) applies to the implementation of the DoDDS Progress Reports in all DoDDS schools in the OEA bargaining unit. Three distinct progress reports will be used with kindergarten through grade students, and one progress report will be used for grades 7-12.
In implementing the DoDDS Progress Report Regulation, management has determined that a minimum of one school day of orientation will be provided to all K-6 educators. This orientation may be completed in a single session, or in half day increments. This orientation day is in addition to the normally scheduled inservice days provided each school. During the orientation day, management will provide each educator with the following:
A. The Progress Report for their grade level.
B. The guidelines for implementation of the Progress Report.
C. A brief overview of the regulation and intent of the Progress Report.
D. Necessary time for articulation among/between grade level.
A. At this time, management has determined the implementation of the progress reports will not change any practices related to instructional planning or instructional processes and will not require the use of authentic Assessment Tools and Child Portfolios. It is understood that some individuals may desire to use such tools, and that the voluntary use of such tools will not be discouraged.
B. Should management decide to implement changes in instructional planning or progress, or mandate any alternate assessment tools, the changes will be the subject of bargaining between the parties prior to the implementation.
Conference days will be scheduled during the school year for teachers. The number and timing of such conferences will be determined by the parties at the appropriate level of bargaining.
Teachers and other personnel responsible for completing progress reports will conduct a parent conference during release time, at the end of the first marking period for school configured K-6 or K-8.
Management trainers will prepare and implement the parent inservice for use in the initial implementation of the Progress Reports.
The first quarter Progress Reports for grade K-1 will read "Parent Conference Held" and student progress will be discussed with each parent.
Management has determined that computer/key boarding skills items will not be listed on the Progress Report for grades K-3. MOU, 2/24/95
LISTING OF ADDITIONS TO AGREEMENT & SOURCE
Article 2 Section 4, MOU 3/19/93 & 4/8/94................... 4
Article 5 Section 3, MOU, 4/8/94.................................. 4
Section 4C, MOU 10/3/89............................... 13
Article 7A MOU 3/19/93................................................ 16
Article 9 93 FSIP 6, 4/4/94.......................................... 24
Article 11 Section 1, 92 FSIP 247, 4/8/93....................... 26
Article 16 Section 7, MOU 4/23/93................................ 47
Article 23 Section 3, MOU 2/23/90................................ 56
Article 25 Section 3, MOU 6/23/87................................ 59
Article 27 Section 2, MOU 7/20/92................................ 62
Article 31 Section 1, MOU 12/23/91.............................. 67
Section 3, 93 FSIP 06, 1/12/94 (During hearing) 68
Section 4, MOU 3/5/90.................................. 70
Section 5, MOU 3/5/90.................................. 70
Section 6, MOU 3/5/90.................................. 71
Section 7, MOU 3/7/90.................................. 71
Section 8, MOU 12/16/94.............................. 72
Article 34 Section 4, MOU 8/21/90................................ 75
Article 37 Section 3, MOU 3/13/90................................ 79
Article 42 Section 1, 92 FSIP 17 & 103, 12/18/92........... 84
Section 4. MOU, 3/22/95............................... 84
Article 45 Section 5, 41 FLRA 78, 7/31/91..................... 87
Article 46 Section 2, MOU 7/12/94................................ 88
Section 4, MOU 7/12/94................................ 88
Section 5, MOU 4/24/93 & 1/20/95................ 89
Article 47 Section 3, 92 FSIP 17 & 103, 12/18/92.......... 90
Section 7, 92 FLRA 17 & 103, 12/18/92......... 91
Section 8, 92 FSIP 17 & 103, 12/18/92.......... 91
Section 9, 92 FSIP 17 & 103, 12/18/92.......... 91
Article 48 Section 3, 41 FLRA 48, 7/31/91..................... 92
Section 4, 41 FLRA 78, 7/31/91..................... 92
Section 9, 92 FSIP 17 & 103, 12/18/92.......... 93
Section 10, 92 FSIP 17 & 103, 12/18/92........ 93
Article 49 Section 7, 92 FSIP 17 & 103, 12/18/92.......... 95
Article 54 Mandatory Electronic Funds Transfer/Direct
Deposit of Pay, MOU, 1/29/91....................... 101
Article 55 NCA Accreditation Teams, MOU 7/31/87........ 102
Article 56 Summer School, MOU 4/2/92........................ 103
Article 57 Smoking, MOU 6/22/87 & 8/10/95................. 104
Article 58 Progress Reports, MOU 2/24/95..................... 106
MOU: Memorandum of Understanding
FLRA: Federal Labor Relations Authority
FSIP: Federal Services Impasse Panel
FEDERAL EDUCATION ASSOCIATION - NEA
Article 1 - NAME
The name of this organization shall be the Würzburg Education Association.- Federal Education Association, hereafter, referred to as the Association.
Article II - PURPOSE
To work for the welfare of school children, the advancement of education, and the improvement of instructional opportunities.
To assist in the development and encouragement of personnel policies which are consistent with professional practice.
To assist in the continuing promotion of improved working conditions, salaries, and fringe benefits.
To enable members to speak with a common voice on matters pertaining to the teaching profession and to present their individual and common interests if they choose to.
To hold property and funds to achieve the objectives of the Association.
Article III - MEMBERSHIP
Section 1 - Active Members
Active membership in the Association shall be open to all American educators employed by DODDS in Würzburg, Germany, who are active members of the Federal Education Association.
Section 2 - Associate Members
Associate membership in the Association shall be open to all interested persons ineligible for active membership. Associate members shall possess all rights and responsibilities of active members, except the right to vote.
Section 3 - Duration of Membership
Membership shall begin with payment of dues and shall coincide with the fiscal year of the Association.
Article IV - ASSOCIATION EXECUTIVE COUNCIL
Section 1 - Membership
The Association’s Executive Council shall be composed of the Officers of the Würzburg Education Association and the Faculty Representative Spokespersons, FRSs, from each of its three units: The Würzburg High School, The Würzburg Middle School and the Würzburg Elementary School.
Section 2 - Officers
The Association Executive Council shall elect from the association’s general membership, by majority vote, the following association officers: President, Vice President, Secretary, and Treasurer.
Section 3 - Vacancies
Whenever a majority of the Association’s Executive Council shall agree that an officer has been grossly negligent of their duties as defined in the bylaws, or is incapacitated, the Council shall declare the office vacant. A new officer shall be elected to fill the vacancy in accordance with item 13 of the FEA Europe Area Council's Standing Rules as listed below. Just click on the thumbnail below. When the icon appears in the bottom right click on it to enlarge graphic.
Article V - UNITS
Within the Association each school shall function as an individual unit in order to provide an effective voice for that group of members. The Faculty Representative Spokesperson, FRS, and the Assistant Faculty Representative, FR, shall be the officers in each unit.
Article VI - GENERAL ASSEMBLY
The General Assembly shall consist of all the members of the Association. During the school year Association members may recommend Constitutional changes to the Executive Council. Such proposals when delivered in writing and accompanied by a signature list of twenty supporters will invoke Article VIII of this Constitution.
Article VII - AFFILIATION
The Association shall affiliate with and under the rules of the Federal Education Association.
Article VIII - AMENDMENTS
The Executive Council of the Association may adopt amendments to this Constitution by submitting a ballot of proposed changes to the Association’s members through their Faculty Representative Spokesperson, FRS. The ballot shall explaining in detail the recommended changes being submitted for approval/disapproval and must follow the election procedures contained within the Associations Bylaws, Article 1, Section 3. A quorum of Association members will be required for approval.
Article IX- RATIFICATION
This constitution shall be reviewed by the Association’s Executive Council during its first meeting of the new school year. At such time changes may be proposed or the Constitution may be ratified for the current school year.
WÜRZBURG EDUCATION ASSOCIATION
FEDERAL EDUCATION ASSOCIATION
BYLAWS TO THE CONSTITUTION
Article I - ELECTIONS
Section 1 - Faculty Representation
The Faculty Representative Spokesperson, FRS, of each unit shall be elected from its membership by majority vote. Election guidelines are contained in Article 1, Section 3. It shall be proper to elect a Faculty Representatives, FR, or allow the Faculty Representative Spokesperson, FRS, to choose their unit assistant. These elections shall be held before the May meeting of the Association’s Executive Council or no later than fifteen working days prior to the end of the school year. The newly elected unit officers shall assume their positions at the beginning of the new school year and shall serve for one school year.
Section 2 - Officers of the Association.
Officers of the Würzburg Education Association shall be elected prior to the May meeting of the Association’s Executive Council or no later than fifteen working days prior to the end of the school year.
Section 3 - Unit Election Procedures
A Unit Election Committee of three unit union members will be formed to place names on the unit’s election ballot. During an official unit meeting, the Faculty Representative Spokesperson, FRS, will request nominations for a chairperson of the Election Committee. A chairperson will be elected by majority vote of members present. Immediately after the election of the chairperson, two committee members shall be elected by majority vote of members present. These three elected individuals will form the Unit's Election Committee.
Within five working days by written request to all union unit members, the election chairperson shall seek nominations for Faculty Representative Spokesperson, FRS, and Assistant Faculty Representative, FR. The nominations will be posted for five working days on the FEA bulletin board. Members not desiring the positions shall coordinate with the Chairperson to have their name remove from nomination. After the period of five working days, ballots shall be prepared and forwarded to all union unit members for the purpose of electing the unit's FRS and FR. Unit elections shall be supervised by the Association's President to ensure compliance with the Articles of this Constitution.
Section 4 - Association Election Procedures
The secretary of the Executive Council shall distribute nomination forms to the unit’s FRSs for dissemination to unit members on the first Wednesday of the first week of May. The nomination forms will seek candidates for all Executive Council positions. The FRS’s shall disseminate, collect and return the completed nomination forms to the secretary within five working days. The secretary shall then develop within five working days ballots for dissemination to the unit FRSs. Unit FRSs will within five working days disseminate, collect and return the ballots to the secretary. The secretary and the unit FRSs shall within five working days tabulate the ballots and make the results known to the Association’s membership.
Article II - MEETINGS
Section 1 - Association’s Executive Council
The Association’s Executive Council shall meet monthly during the school year. Additional meetings may be called by the President or at the request of any two members of the Council. An agenda will normally be developed by the Association's Vice-President and presented to the Executive Council for recommendations at least two days prior to the scheduled meeting. Unit FRSs will forward a copy of the approved minutes to their unit members.
Section 2 - General Assembly
The General Assembly shall as necessary meet at an appropriate time during the first quarter and fourth quarters of the school year. The Executive Council shall determine the nature and content of each meeting, and prepare an agenda with recommendation solicited from the Association’s membership.
Section 3 - Special Meetings
Special meetings of the General Assembly may be called by a majority of the Executive Council, or upon written request of any individual unit.
Section 4 -- Unit Meetings
The Faculty Representative Spokesperson, FRS, should routinely conduct monthly unit meetings for the purpose of informing their unit members about union issues and the results of their monthly unit JCC. Additionally, during these meetings agenda items for the District Representative, DR, should be developed for presentation during the District Superintendent’s Office, DSO, JCC. These meeting should also serve as a platform for recruitment and maintaining membership. The Association will provide a budget to be used by the FRS for the purpose of financing refreshments at these monthly meeting.
Article III - QUORUM
A quorum of the General Assembly shall consist of one-third of its active members. A quorum for the Executive Council shall consist of two-thirds of its members.
Article IV - DUES AND FINANCES
Dues for active and associate members shall be 20 dollars ($20.OO) per member per annum, payable upon application for membership.
The Treasurer is authorized to disburse funds to the extent of seventy-five dollars ($75.OO). Expenditures over seventy-five dollars must be approved by the Executive Council.
In the event the Association is dissolved, all funds and property shall be turned over to the Federal Education Association, Inc.
The fiscal year of the Association shall coincide with that of the Federal Education Association.
Article V - DUTIES OF THE OFFICERS
Section 1 - President
The President of the Association shall be the presiding officer at all meetings of the Executive Council and the General Assembly. The president shall officially represent the Association in all affairs and functions. The president shall be responsible for insuring that unit elections are held and in accordance with the association's constitution. The president shall perform all other functions usually attributed to this office.
Section 2 - Vice-President
The vice-president shall coordinate the functions of the various committees with committee chairman, and serve as a liaison between the committees and the Executive Council. The vice-president shall perform all other functions usually attributed to this office.
Section 3 - Secretary
The Secretary shall keep accurate minutes of all meetings of the Executive Council and the General Assembly, shall maintain official files, and shall assist the President with Association correspondence.
Section 4 - Treasurer
The treasurer shall hold the funds of the Association and disburse them in accordance with Article IV, Section 2. The treasurer shall maintain a roll of the association's members; shall keep accurate accounts of receipts and disbursements; shall report to each meeting of the General Assembly and shall prepare an annual financial statement for publication to the association’s membership. He shall keep the President and the Executive Council informed of the financial condition of the Association.
Section 5 - Terms and Succession
The Officers shall serve for one year and may be re-elected.
Article VI - POWER OF THE EXECUTIVE COUNCIL
The Association’s Executive Council shall be responsible for the management of the Association and approve all expenditures. It shall report its transactions and those of the Assembly to the members, and suggest policies for consideration by the individual units or the General Assembly.
The Executive Council may develop workshops and training sessions for members and unit officers.
Article VII - POWERS OF THE GENERAL ASSEMBLY
The General Assembly shall approve resolutions and other policy statements, act on reports of committees, oversee the budget process, and vote on amendments to the Constitution. Powers not delegated to the General Assembly, the Executive Council, the officers, or other groups within the Association shall be vested in the individual units.
Article VIII - FACULTY REPRESENTATIVES
The Faculty Representative Spokesperson (FRS) shall be the officer within each unit. The FRS shall conduct a monthly Joint Cooperation Committee, JCC, meeting with the Principal of their school. The purpose of these meeting shall be to promote and to facilitate understanding and constructive relationships between the Association and the Employer. The minutes of these meeting shall be distributed to their unit members and the Association Executive Council. The FRS shall organize regular meetings of the members within the unit and propose items for Executive Council action. Also, they shall oversee subsequent elections of unit officers, the enrollment of members, and two-way Association communication within the building. The FRS shall, as necessary, organize faculty committees to expedite Association work, and conduct other Association business as agreed upon by the Executive Council.
The Faculty Representative Spokesperson, FRS, shall attend the meetings of the Association Executive Council, unless they receive a prior excuse from the President. When an excuse is granted the unit FR shall attend and speak for the unit’s membership.
The retiring FRS shall advise and assist the newly elected FRS and FR in any unfinished business. The Association’s president shall provide the newly elected FRS with a copy of the Constitution. Responsibilities of unit FRSs and Executive Council Members shall be the main agenda item for the initial Executive Council Meeting of each new school year.
Faculty Representatives Spokespersons may serve on any standing or special committee of the Association’s Executive Council.
Article IX - SPECIAL COMMITTEES
The President of the Association’s Executive Council shall appoint special committees as may be necessary and shall discharge them upon completion of their duties.
Article X --STANDING COMMITTEES
The Executive Council shall organize and maintain standing committees to facilitate and assist Association members. Standing committees shall provide assistance and information regularly and routinely needed by unit members.
Article XI - AUTHORITY
The latest edition of Robert's Rules of Order, Revised shall be the parliamentary authority for the Association on all questions not covered by the Constitution and Bylaws.
Council and that copies have been sent to Faculty Representatives two calendar weeks in advance of the meeting.