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2009 National Agreement II

Internal Revenue Service and National Treasury Employees Union

• IRS

• NTEU
• The National Treasury Employees Union
• www.nteu.org

National Treasury Employees Union

NTEU was founded in 1938, and represents over 150,000 employees in 31 federal agencies and departments.

NTEU Mission Statement

To organize federal employees to work together to ensure that every federal employee is treated with dignity and respect.

As a union representing federal employees, NTEU:

• Interacts with the White House, Congress and other components of government on behalf of employees including OMB, GAO, OPM, TIGTA, GSA
• Plays a role in the federal election process, consistent with the Hatch Act
• Maintains working relationships with IRS executives and managers
• Represents employees in grievances, arbitrations and issues appealed to federal courts
• Negotiates national and local collective bargaining agreements
• Represents employees in investigations and grievances
• Provides regular information updates about what is happening in IRS and elsewhere in the federal government
• Works with the media to shape public opinion to help federal employees
• Represents employees before the EEOC and other federal agencies that hear employee cases
• Works through over 100 local chapters, hundreds of IRS employees working as local union stewards, and full-time professional staff in seven offices around the country
• Uses its large membership to purchase group benefits not available to other federal employees, such as auto and home insurance

Internal Revenue Service

The roots of the IRS go back to 1862 when the position of Commissioner of Internal Revenue was created. Today, the IRS employs more than 100,000 employees at over 700 offices throughout the United States.

IRS Mission Statement

Provide America's taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all.

IRS values:

• Honesty and Integrity: We uphold the public trust in all that we do; we are honest and forthright in all of our internal and external dealings.
• Respect: We treat each colleague, employee and taxpayer with dignity and respect.
• Continuous Improvement: We seek to perform the best that we can today, while embracing change, so that we can perform even better in the future.
• Inclusion: We embrace diversity of background, experience, and perspective.
• Openness and Collaboration: We share information and collaborate, recognizing that we are a team.
• Personal Accountability: We take responsibility for our actions and decisions and learn and grow from our achievements and mistakes.

Over the past 40 years the IRS and NTEU have entered into several national term contracts. Each contract has provided benefits for IRS employees and each new contract has built upon the previous agreement. The IRS and NTEU have agreed to contract provisions that both protect the rights of employees and also improve working conditions to allow employees to better serve the American public and further the mission of the IRS. The benefits include:

• 1985 Alternative work schedules
• 2006 RIF rights and mitigation strategies
• 1994 Flexiplace/Telework
• 1989 Voluntary reassignments by seniority
• 1998 Transit subsidies
• 1977 Reimbursement for CPA and bar review
• 1996 Bilingual awards
• 1977 Tuition reimbursement
• 1994 Mandatory performance awards
• 1998 Time-off awards
• 1972 Compensated time to obtain union advice
• 1994 Job swap opportunities
• 1996 Award for suggestions accepted
• 1985 Unmanageable workload mitigation
• 1981 Compensation for higher graded work
• 1987 Hardship reassignment program

There are more than 200 important changes in the 2009 NTEU-IRS National Agreement II affecting your work life in positive and meaningful ways. These changes reflect and continue a long tradition of NTEU and the IRS working together on behalf of IRS employees.

• IRS
• NTEU
• The National Treasury Employees Union
• www.nteu.org

• Document 11678
• (Rev. 10-2009)
• Catalog Number 48017H
• Department of the Treasury
• Internal Revenue Service
• www.irs.gov

Preamble

The Internal Revenue Service (IRS) and the National Treasury Employees Union (NTEU) recognize that the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them safeguards the public interest, contributes to the effective conduct of public business, and facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment.

The IRS and NTEU recognize that the public interest demands the highest standards of employee performance and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government.

The IRS and NTEU recognize that a mutual commitment to cooperation promotes both the efficiency of the IRS' operations and the well-being of its employees.

The IRS and NTEU agree that the dignity of employees will be respected.

Article 1
Coverage and Definitions

Section 1

• A. This Agreement covers all professional and non-professional employees of the Internal Revenue Service (IRS), excluding all employees of the Chief Criminal Investigation; all employees of the Office of Chief Counsel; National Office employees of the Office of International Programs assigned to overseas posts-of-duty (POD); temporary employees with no reasonable expectancy of continued employment; management officials, supervisors, guards other than protective officers at the Enterprise Computing Center at Martinsburg, West Virginia; and employees described in 5 U.S.C. §7112 (b)(2), (3), (4), (6) and (7). Among the confidential employees excluded under 5 U.S.C. §7112 (b)(2) are the following:
  • 1. Secretary to the Commissioner;
  • 2. Secretary to any management official designated to make decisions on grievances, except group clerks or unit clerks;
  • 3. Secretary to any Assistant, Assistant to or Staff Assistant to any management official identified in subsection 1A2;
  • 4. Secretary to Personnel Officers; and
  • 5. Secretary to Employee Relations Specialists.

Section 2

If the Union becomes certified as the exclusive collective bargaining representative for any employees or bargaining unit not currently covered by this Agreement, this Agreement shall extend automatically to all employees covered by that certification on the sixtieth (60th) day following the certification of such unit. However, the dues withholding provisions of this Agreement shall be applicable upon certification of the Union.

Section 3

The following definitions shall apply for purposes of understanding this Agreement as determined by the Employer:

• A. "Division" means one (1) of ten (10) stand-alone Service-wide business units including:
  • 1. Agency Wide Shared Services (AWSS);
  • 2. Appeals;
  • 3. Communications and Liaison (C&L);
  • 4. Criminal Investigation (CI);
  • 5. Large and Mid-Size Business (LMSB);
  • 6. Modernization and Information Technology Services (MITS);
  • 7. Small Business/Self Employed (SB/SE);
  • 8. Tax Exempt and Government Entities (TE/GE);
  • 9. Taxpayer Advocate Service (TAS); and
  • 10. Wage and Investment (W&I);
• B. Enter on Duty (EOD) means the date an employee entered on duty with the IRS as modified to include any prior IRS service. The IRS EOD date will not be adjusted for time spent outside the IRS in Federal Service. IRS EOD will be adjusted for any new employee within ninety (90) days of the appointment date. Until adjusted, within the aforementioned ninety (90) day period, EOD (last appointment with the IRS) will be used for seniority determinations under the National Agreement as appropriate. During orientation sessions, newly hired employees will be asked by the Employer to supply copies of SF-50s to expedite the adjustment process.
• C. "IRS Headquarters" includes:
  • 1. Office of the Commissioner of Internal Revenue;
  • 2. Human Capital Office;
  • 3. Chief Financial Officer;
  • 4. Office of Professional Responsibility;
  • 5. Equity, Diversity and Inclusion;
  • 6. Research, Analysis and Statistics;
  • 7. MITS Cybersecurity;
  • 8. Office of Privacy, Information Protection and Data Security;
  • 9. Whistleblower Office; and
  • 10. Office of Taxpayer Burden Reduction.
• D. "Senior Commissioner Representative" (SCR) means the individual designated by the Commissioner of the IRS to serve as the point of contact on administrative matters impacting more than one (1) Division or a Campus or an Enterprise Computing Center in a specified geographical area. The Director designated by the Employer (e.g., Submission Processing, Accounts Management) serves as the SCR on Campuses.
• E.
  • 1. "Campus" means the Submission Processing, Compliance Services and Accounts Management Centers plus the aligned Call Sites.
  • 2. "Center Campus" means the aforementioned three (3) center functions and the related satellite or auxiliary buildings, excluding the aligned Call Sites.
  • 3. "Center" means one of the three (3) organizational components of a Campus (Submission Processing, Compliance Services or Accounts Management).
• F. Unless otherwise specified, "days" means calendar days.

Section 4

Nothing in this Agreement may be interpreted as the Employer's agreement or consent to negotiate over the terms and conditions of employment of non-bargaining unit employees and/or non-bargaining unit positions.

Section 5

Provisions in any collective bargaining agreement between the IRS and NTEU containing the phrase "the Employer has determined" or "Management has determined" denote a unilateral determination by the IRS that is placed in the agreement for informational purposes. It is understood that such determinations may be unilaterally changed by the Employer at any time after notification to NTEU and any negotiations required by law.

Section 6

Conditions of employment, applicable to an IRS bargaining unit employee, are based on the unit status of the position held by the employee. Therefore, bargaining unit employees, when placed on a temporary promotion or formal detail to a non-bargaining unit position, are not covered by the provisions of this Agreement during the time of the temporary assignment.

Section 7

During the term of this Agreement, as new technology or electronic media become available to the Employer that may be used to satisfy its obligation to provide information to employees and the Union, the Employer may reopen this Section at the national level under the provisions of Article 47 of this Agreement.

Article 2
Precedence of Law and Regulation

Section 1

In the administration of all matters covered by this Agreement, the parties are governed by the following: existing or future laws; Government-wide rules or regulations in effect upon the effective date of this Agreement; and Government-wide rules or regulations issued after the effective date of this Agreement that do not conflict with this Agreement.

Section 2

To the extent that provisions of the Internal Revenue Manual (IRM) or the Department of the Treasury policies are in specific conflict with this Agreement, the provisions of this Agreement will govern.

Section 3

IRS will make an electronic link available from the IRS web site to OPM directives, GSA Federal Travel Regulations, Treasury regulations, DOL Office of Workers' Compensation Programs and IRMs.

Article 3
Employer Rights

Section 1

• A. The Employer retains the right:
  • 1. to determine the mission, budget, organization, number of employees, and internal security practices of the Agency;
  • 2. to hire, assign, direct, layoff and retain employees, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against employees;
  • 3. to assign work, to make determinations with respect to contracting out, and to determine the personnel by which operations shall be conducted;
  • 4. with respect to filling positions, to make selections for appointments from:
    • (a) among properly ranked and certified candidates for promotion; or
    • (b) any other appropriate source; and
  • 5. to take whatever actions may be necessary to carry out the mission during emergencies.
• B. The Employer also retains its permissive rights under 5 U.S.C. §7106(b)(1).

Section 2

The Employer retains all other rights in accordance with applicable laws and regulations, except for those specific modifications contained in this Agreement.

Article 4
Protections Against Prohibited Personnel Practices

Preamble

The parties mutually recognize that personnel management should be implemented consistent with the following merit system principles:

• 1. Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society. Selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills after fair and open competition which assures that all receive equal opportunity.
• 2. All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.

• 3. Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector. Appropriate incentives and recognition should be provided for excellence in performance.
• 4. All employees should maintain high standards of integrity, conduct and concern for the public interest.
• 5. The Federal work force should be used efficiently and effectively.
• 6. Employees should be retained on the basis of the adequacy of their performance. Inadequate performance should be corrected. Employees should be separated who cannot or will not improve their performance to meet required standards.
• 7. Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.
• 8. Employees should be:
  • (a) protected against arbitrary action, personal favoritism, or coercion for partisan political purposes; and
  • (b) prohibited from using their official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for election.
• 9. Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences:
  • (a) a violation of any law, rule, or regulation; or
  • (b) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

Section 1

• A. For the purpose of this article, prohibited personnel practice means any action described in Section 2 below.
• B. For the purpose of this article, "personnel action" means:
  • 1. an appointment;
  • 2. a promotion;
  • 3. an action under chapter 75 of the Civil Service Reform Act of 1978 or other disciplinary or corrective action;
  • 4. a detail, transfer, or reassignment;
  • 5. a reinstatement;
  • 6. a restoration;
  • 7. a reemployment;
  • 8. a performance evaluation under chapter 43 of the Civil Service Reform Act of 1978;
  • 9. a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subsection;
  • 10. a decision to order psychiatric testing or examination; and
  • 11. any other significant change in duties, responsibilities or working conditions.

Section 2

The Employer shall not:

• A. Discriminate for or against any employee or applicant for employment:
  • 1. on the basis of race, color, religion, sex, or national origin, as prohibited under Section 717 of the Civil Rights Act of 1964;
  • 2. on the basis of age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967;
  • 3. on the basis of sex, as prohibited under Section 6(d) of the Fair Labor Standards Act of 1938;
  • 4. on the basis of handicapping condition, as prohibited under Section 501 of the Rehabilitation Act of 1973;
  • 5. on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation.
• B. Solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of:
  • 1. an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or
  • 2. an evaluation of the character, loyalty, or suitability of such individual.
• C. Coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as reprisal for the refusal of any person to engage in such political activity.
• D. Deceive or willfully obstruct any person with respect to such person's right to compete for employment.
• E. Influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment.

• F. Grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment.
• G. Appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position, any individual who is a relative (as defined in Title 5 of the United States Code) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in Title 5 of the United States Code) or over which such employee exercises jurisdiction or control as such an official.
• H. Take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment as a reprisal for:
  • 1. a disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences:
    • (a) a violation of any law, rule, or regulation; or
    • (b) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs; or
  • 2. a disclosure to the Special Counsel or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences:
    • (a) a violation of any law, rule, or regulation; or
    • (b) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
• I. Take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment as a reprisal for:
  • 1. the exercise of any appeal, complaint or grievance right granted by any law, rule, or regulation;
  • 2. testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subsection I1 above;
  • 3. cooperating with or disclosing information to the Inspector General of an agency, or Special Counsel, in accordance with applicable provisions of law; or
  • 4. refusing to obey an order that would require the individual to violate a law.
• J. Discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this subsection shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States.
• K.
  • 1. knowingly take, recommend, or approve any personnel action if the taking of such action would violate a veterans' preference requirement; or
  • 2. knowingly fail to take, recommend, or approve any personnel action if the failure to take such action would violate a veterans' preference requirement.
• L. Take or fail to take any other personnel action if the taking of, or failure to take, such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in the Civil Service Reform Act of 1978.

Section 3

An employee aggrieved under Section 2 above may raise the matter under a statutory procedure or under the employee grievance procedure outlined in Article 41 of this Agreement, but not both.

Section 4

In reviewing grievances on the provisions of this article, arbitrators will apply the same standards of evidence and burden of proof as those applied by the Merit Systems Protection Board.

Article 5
Employee Rights

Section 1

• A.
  • 1. The initiation of grievances in good faith by employees will not cause any reflection on their standing with their managers or on their loyalty or desirability to the organization. Employees and Union stewards who have relevant information concerning any matter for which remedial relief is available under this Agreement will, in seeking resolution of such matter, be assured freedom from restraint, interference, coercion or discrimination, intimidation or reprisal.
  • 2. The Employer will not impose any restraint, interference, coercion or discrimination against any employees in the exercise of their right to designate a Union steward for the purpose of representing to the Employer any matter of concern over the interpretation or application of this Agreement or of representing the employees

• • to any Government agency or official other than the Employer.
• B. Grievances alleging violations of subsection 1A1 above may be filed at the second step of the grievance procedure.
• C. Discussions between a Union representative and an employee seeking counsel or advice regarding non-criminal investigations are confidential, absent the Employer's overriding need for the information determined on a case-by-case basis, consistent with applicable case law. The Employer agrees not to solicit information from any Union representative concerning the nature of such confidential discussions except as noted above.

Section 2

Nothing in this Agreement will require an employee to become or remain a member of a labor organization or to pay money to the organization except pursuant to a voluntary written authorization by a member for payment of dues through payroll deductions or by voluntary cash dues payment by a member.

Section 3

Except as otherwise expressly provided in this Agreement or Statute, the right to assist a labor organization extends to participation in the management of the organization and acting for the organization in the capacity of an organizational representative, including presentation of views to officials of the Executive Branch, the Congress, or other appropriate authority.

Section 4

• A.
  • 1. Any employee who is the subject of a conduct investigation, or is being interviewed as a third party witness, and who reasonably believes that an interview with the Treasury Inspector General for Tax Administration (TIGTA) or any other representative of the Employer may result in disciplinary action has the right to representation, if requested, by a person designated by the Union.
  • 2. At the time the employee is contacted to schedule such an interview, the employee will be provided the following information:
    • (a) the subject matter of the interview in as much specificity as possible, including whether the interview involves criminal or non-criminal matters, if known, except when doing so would undermine the investigation;
    • (b) that he or she is the subject of the conduct interview or whether the employee is being interviewed as a third party witness;
    • (c) that if the employee reasonably believes that the interview may result in disciplinary action, the employee is entitled to representation during the interview, if requested, by a person designated by the Union;
    • (d) that the interview will be scheduled to allow the employee an opportunity to seek the counsel of a Union representative, such counseling shall not unduly delay the interview; and
    • (e) that if he or she is the subject of the conduct interview, he or she will be given an IRS Form 8111 (Exhibit 5-1). The employee will execute Form 8111. Employees shall be given a copy of the executed Form 8111 for their own records and will provide the original Form 8111 to the Special Agent prior to the interview. Should the employee fail to bring the Form 8111 to the interview, the employee will either be instructed to retrieve the original Form 8111 or to execute a new Form 8111.
  • 3. Prior to beginning interviews with employees who are being interviewed as third party witnesses, the employees will be provided with IRS Form 9142 (Exhibit 5-4). When employees are provided Form 9142 they shall acknowledge receipt and be given a copy of the executed form for their records.
  • 4. If the interview is initiated by the employee, there is no obligation to inform the employee of the right to Union representation before beginning the interview. However, at the time the Special Agent or any other representative of the Employer should reasonably believe that the information offered by the employee indicates that the conduct of the employee could reasonably result in discipline to the employee, the employee must then be advised of the right to Union representation as provided in subsection 4A1 above.
  • 5. If an employee appears for a scheduled interview without representation and reasonably believes, because the subject of the interview has changed, that disciplinary action may result, the employee may request a brief delay to secure such representation.
  • 6. If an employee is represented in an interview and the subject of the interview changes to subjects over which the employee and the representative have not conferred, the employee or the representative may request a brief recess to confer on such issues.
• B. When an employee is interviewed by the Employer or an agent of the Employer (e.g., a representative of the Treasury Inspector General for Tax Administration), and the employee is the subject of an investigation, the employee will be informed of the subject matter of the interview in as much specificity as possible, except when doing so would undermine the investigation, and whether it concerns criminal or

• administrative misconduct at the time the interview is scheduled.
  • If in cases solely involving administrative misconduct the employee refuses to respond to questions, the employee shall be advised of the following:
    • "Pursuant to 31 CFR 0.207, when directed to do so by a competent Treasury (e.g., the Treasury Inspector General for Tax Administration) or Internal Revenue Service authority, employees must testify or respond to questions in matters of official interest. Employees must give such testimony, or respond to questions, under oath when required or requested to do so. Your failure to respond as required may result in severe discipline including removal."
• C. When the subject of an investigation is being interviewed regarding possible criminal conduct and prosecution, and the interview is custodial in nature, at the beginning of the interview the employee shall be given a statement of Miranda rights contained on IRS Form 5228 (Exhibit 5-2). If the employee waives his or her rights, the employee shall so indicate by signing the above referenced form, and shall be given a copy of said executed form.
• D. When the subject of an investigation is being interviewed regarding possible criminal conduct and the interview is non-custodial, at the beginning of the interview the employee shall be given a statement of rights contained in Form 12036 (Exhibit 5-6). If the employee waives his or her rights, the employee shall sign the above referenced form and shall be given a copy of said executed form.
• E. In an interview involving possible criminal conduct where prosecution has been declined by appropriate authority, at the beginning of the interview the employee shall be given a statement of the Kalkines warning. The warning shall contain the following language:
  • "You are here to be asked questions pertaining to your employment with the Internal Revenue Service and the duties that you perform for IRS. You have the option to remain silent, although you may be subject to removal from your employment by the Service if you fail to answer material and relevant questions relating to the performance of your duties as an employee. You are further advised that the answers you may give to the questions propounded to you at this interview, or any information or evidence which is gained by reason of your answers, may not be used against you in a criminal proceeding except that you may be subject to a criminal prosecution for any false answer that you may give."
  • When employees are given the Kalkines warning, they shall be given IRS Form 8112 (Exhibit 5-3). Employees will acknowledge on IRS Form 8112 the receipt of the above warning. Employees shall be given a copy of the executed IRS Form 8112 for their own records.
• F. When the person being interviewed is accompanied by a representative furnished by the Union, in both criminal and non-criminal cases, the role of the representative includes, but is not limited to, the following rights:
  • 1. to clarify the questions;
  • 2. to clarify the answers;
  • 3. to assist the employee in providing favorable or extenuating facts;
  • 4. to suggest other employees who have knowledge of relevant facts; and
  • 5. to advise the employee.
  • However, a representative may not transform the interview into an adversarial contest. Once it is determined that an investigation is not criminal in nature or once prosecution is declined, the Union and the employee may request a reasonable delay of the interview; such request shall not be unreasonably denied.
• G. In interviews regarding possible criminal conduct when the employee interviewed is represented by counsel, and when a representative of the Treasury Inspector General for Tax Administration or any other representative of the Employer is on reasonable notice of such representation, the employee's counsel shall have authority to represent the employee during the interview. Special Agents and other agents of the Employer on reasonable notice of such representation shall not initiate ex parte communication with the employee. It will continue to be the practice of agents of the Employer (e.g., the Treasury Inspector General for Tax Administration) and the Employer to contact the employee's supervisor to arrange an interview or other contact.
• H. Interviews conducted by agents of the Employer (e.g., the Treasury Inspector General for Tax Administration) may be manually and/or mechanically recorded by either party. The role of any person other than employees or their representatives in the recording of the interview shall be subject to applicable disclosure provisions. The recording may not unreasonably delay the interview.
• I. The Employer will issue a notice to all employees on a semi-annual basis that states, in part, the following:
  • 1. Employees have the right to be represented by the Union in an examination conducted by the Employer or a representative of the Employer 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 such representation; and

• • 2. Employees may exercise this right if the above conditions are met whether the employee is the subject of the investigation (including a background investigation) or is a third party witness. The IRS fully supports the aforementioned right.
• J. When the Employer has determined to use a Statement Analysis Questionnaire in an investigation, employees are entitled to all the applicable rights of this Agreement that apply to the subjects of investigations, including Miranda and Kalkines, if appropriate.
• K. As prescribed by the Privacy Act (and only in non-criminal matters), the Employer shall collect information to the greatest extent practical directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits and privileges under federal programs.
• L. The Employer recognizes the importance of completing an investigation of an employee in as timely a manner as practicable. When an employee has been advised that he or she is/was the subject of an investigation, and a determination is made not to propose disciplinary action, the Employer will issue the appropriate letter (i.e., clearance or closed without action) to the employee within a timely fashion, normally within thirty (30) days of when the case involving the employee is closed.
• M. On a quarterly basis (i.e., April 30, July 31, October 31, and January 31), the IRS will issue a report to the Union which, at a minimum, provides information on when each investigation of a bargaining unit employee was opened and closed during the preceding period, and the date of issuance of the clearance letter or notice of proposed disciplinary or adverse action.

Section 5

• A. The questions whether, and on what date, to resign are voluntary matters of free choice for each employee. When an employee is faced with the prospect of Employer-initiated action such as termination or removal, the employee shall have the right not to resign or, if the employee chooses, to make a resignation effective at any time prior to the effective date of the Employer's action. When authorized by a settlement agreement, the employee's record shall only state that he/she resigned; no reference shall be made to such action occurring "for cause" when an employee voluntarily resigns. The employee will be advised that he or she may consult with a Union representative and have a representative present prior to making a decision. This advice will be acknowledged in writing by the Employer and the employee. A copy of this acknowledgment will be provided to the employee. Resignations shall not be secured by coercive or deceptive means.
• B. An employee may request to withdraw a resignation at any time prior to its effective date, provided the withdrawal is communicated to the Employer in writing. The Employer may deny the withdrawal request before its effective date only for legitimate reasons including, but not limited to, administrative disruption or the hiring of a replacement or a valid commitment to hire a replacement. Avoidance of an adverse action proceeding is not a legitimate reason to deny the withdrawal. The denial and the reasons for the denial will be communicated to the employee.
• C. If the Employer has committed to hire or has hired a replacement, the Employer will consider granting the withdrawal of the resignation application if a position in the employee's same grade and series, including any special skills (if applicable), and commuting area becomes vacant prior to the effective date.
• D. The Employer recognizes that, pursuant to law and regulation, certain resignations can be considered involuntary. The Employer will attempt to avoid causing such resignations.

Section 6

The Employer is entitled to require truthful answers from employees in response to questions in matters of official interest. An employee who fails to provide such answers is subject to disciplinary action, including removal. An employee may properly refuse to answer questions regarding matters in which the Employer has no official interest. The Employer has determined that no employee shall be required to play the role of a corrupt employee, or be required to operate undercover.

Section 7

Relationships between employees and their managers should be mutually conducted in a businesslike, courteous and tactful manner. Moreover, managers are expected to respect the privacy of their employees, protect confidential information regarding their employees and only share such information with individuals with a "need to know."

Section 8

The Employer is committed to providing a work environment free of discrimination because of sexual preference or orientation.

Section 9

A Statement of Basic Employee Rights appears in Exhibit 5-5 of this Agreement. The Employer will post the Statement on all official bulletin boards and the Union may post it on all of its bulletin boards. Further, the Union may discuss these rights in orientation sessions.

Section 10

The Employer has determined that employees shall not be required to disclose an arrest or conviction that a court has ordered purged from the employee's record in any

interview, on any official form or statement, or during any investigation with the Employer or an Employer representative.

Section 11

Consistent with workload and staffing needs, the Employer will make reasonable efforts to approve up to a maximum of one (1) hour of administrative time annually to consult with a national Union-sponsored Benefits Counselor in accordance with Article 36.

Section 12

Nothing in this Agreement shall prohibit an employee from being represented by a Union steward at any stage of the EEO complaint process including the counseling stage.

Section 13

Employees recognize their responsibility to comply with all lawful orders and instructions from management officials in their chain of command. However, no employee will be subject to disciplinary or adverse action for refusing to comply with what is determined by an appropriate authority to be unlawful.

Section 14

• A. Should the Employer determine to use covert video surveillance in conducting administrative investigations and/or the monitoring of electronic mail, the Employer will provide notice to the Union at the national level and afford the Union the opportunity to bargain to the fullest extent of the Statute.
• B. Any evidence derived from phone monitoring, that is used as support for a proposed disciplinary or adverse action, shall be provided to the employee and/or the employee's designated representative, where not prohibited by law, rule or regulation.

Section 15

The Employer recognizes the right of every bargaining unit employee to be free from reprisal for providing information in connection with a violation of any law, rule, regulation, or provision of any collective bargaining agreement, and/or evidence supporting mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

Section 16

The Employer has determined that any employee, who is the subject of a Section 1203 complaint from a taxpayer or a taxpayer's representative, will not meet with the taxpayer or the taxpayer's representative, until the Employer has made a determination regarding the reassignment of the case. If the Employer determines to not reassign the case, the employee has the right to seek and obtain an opinion from the Deputy Agency Ethics Official, or designee, concerning any conflict of interest situation and related matters. All decisions in this respect are grievable under Article 41.

Section 17 Pseudonyms

An employee may request a pseudonym only if he/she provides adequate justification, including protection of personal safety. An employee's request will not be unreasonably denied by the Employer. If authorization is withheld, the Employer will provide the reasons in writing and the employee may challenge the decision pursuant to the streamlined grievance process of Article 41 of this Agreement.

Section 18 Last Chance Agreements

• A. Consistent with Article 8, subsection 1A6, the Union will be entitled to attend "last chance" meetings and any settlement discussions regarding the "last chance" agreement. In addition, the terms of a "last chance" agreement will contain at a minimum:
  • 1. the conditions that must be met by the employee;
  • 2. the penalty for breach of the agreement; and
  • 3. the duration of the agreement.

Article 6
Outside Employment

Section 1

The Employer will approve or disapprove an employee's written request to engage in outside employment as soon as possible, but not later than ten (10) workdays from receipt of the employee's fully completed request. An employee will use the form in Exhibit 6-1 when making a request for outside employment. If a response is not received within the period prescribed, the request will be considered denied and the employee may proceed to the streamlined grievance process described in Section 2 below.

Section 2

The Employer will include a statement of its reasons for disapproving any such request. Employee grievances concerning the Employer's disapproval must be presented within ten (10) workdays of receipt by the employee to the streamlined grievance process. Any such grievance that is not resolved within the time limits set forth in Article 41, Section 4, may be appealed to arbitration in accordance with applicable provisions of this Agreement.

Section 3

Upon denial of a grievance regarding outside employment, if there is no dispute as to the facts, the Union may appeal to an outside arbitrator, designated nationally, to hear such cases in accordance with Article 43, subsection 4D. Such an appeal must be filed within thirty (30) days of the denial of the grievance.

Section 4

Seasonal employees may not engage in any activity prohibited by the applicable Plain Talk About Ethics and Conduct. While in non-duty status, such employees may engage in outside employment without obtaining prior written permission that is otherwise required. Upon return to duty status, employees must submit a written request to engage in outside employment if such activity continues.

Article 7
Personnel Records

Section 1

• A. Employees or their personally designated representatives will, upon request, have access to records or information pertaining to them with the exception of records restricted by law or Government-wide rule or regulation. Examination of actual physical records (as opposed to receipt of copies) will take place in the general presence of those having custody of the records. Before disclosure of a record is made to employees or their personally designated representatives, the identities of both must be verified. Employees must provide their prior written consent to the Employer before disclosure of their written record will be made to a designated representative or in the presence of a designated representative. Access shall be on official time.
• B. Employees or their personally designated representatives may obtain a photocopy of documents pertaining to the employees with the exception of records restricted by law or Government-wide rule or regulation. Charges, if any, for photocopies supplied shall be in accordance with 5 CFR 297.206.

Section 2

No record, file, or document pertaining to an employee will be made available to any unauthorized persons for inspection or photocopy. Further, such information will be made available to authorized persons (as defined by 5 U.S.C. §552(a) and as further provided in the IRM) only for official use as provided in the Privacy Act of 1974, in the Office of Personnel Management (OPM) Notices of Systems of Records for OPM records, and/or in the Treasury/IRS Notices of Systems of Records for Treasury/IRS records.

Section 3

• A. Official Personnel Folders (OPF), including records maintained by employees' managers, will be purged in accordance with current applicable regulations provided, however, employees may at their option request that a clearance letter be included or removed from their OPF.
• B. The following procedures apply to the process of obtaining the OPF by the employee:
  • 1. An OPF will be provided to an employee within seven (7) workdays of a request. When employees make a written request for their OPF and the OPF is checked out, then the employee will be promptly provided with a copy of the OPF sign-out sheet within seven (7) workdays. If it is checked out of the Payroll Center or other permanent Agency storage locations when requested, the Service will then take all steps practical to provide it to the employee within fifteen (15) days of the original request.
  • 2. If access to the information is delayed, NTEU may either move forward or request an extension of time to file a grievance or to submit an oral or written reply in the case of a disciplinary, adverse, within-grade or unacceptable performance action. Extensions requested as a result of a delay described above will be granted by the Employer.
  • 3. In situations where the employee or the Union has requested a copy of an employee's OPF and it is not provided prior to the time arbitration is invoked, the Employer will pay for any fees assessed by an arbitrator for cancellation of the arbitration when the file is provided after the invocation and the Union thereupon withdraws its invocation because of the new information.

Section 4

The Employer will maintain an Employee Performance Folder (EPF) for each employee separately from other personnel records such as drop files or OPFs. No documentation related to disciplinary or adverse action will be placed in an employee's EPF unless such action was based on performance reasons. Neither the EPF nor individual documents contained therein shall be identifiable by an employee's date of birth. The placement of documents into EPFs shall be subject to the recordation provisions of Article 12, Section 9 of this Agreement. An EPF is a record of personal data. Access to EPFs is limited to management officials with a need to know and those others referenced in the current published system of records description in accordance with the Privacy Act, 5 U.S.C. §552a. Access to such documents will be subject to the IRM.

Section 5

The parties recognize that developing automation technologies have enabled some information that is presently stored in paper-based systems to be stored in other systems. If the Employer elects to change its method of storing any information which is subject to the terms and conditions of this article, the Employer will assure all employees, or their personally designated representatives, continued access to such information or its equivalent provided, however, that nothing in this section shall require the Employer to maintain any information which is not otherwise required to be maintained by law, higher level rule or regulation, or by agreement between the parties.

Section 6

The Employer will normally inform the Union within ten (10) days whether information requested under 5 U.S.C. §7114(b)(4) will be supplied. Where the Employer has determined to supply such information, the Union may either move forward with the grievance or may request an extension of time to file or appeal to subsequent steps.

Article 8
Union Rights

Section 1

• A. The Union will have the right and obligation to represent all employees in the unit and to present its views to the Employer on matters of concern, either orally or in writing. The Union, upon notice as prescribed in this Article, will be given the opportunity to be represented at formal discussions in accordance with 5 U.S.C. §7114(a)(2)(A).
  • 1. For regularly scheduled formal discussions, the notice and a meeting agenda will be provided no less than five (5) workdays in advance. Designation of the Union's meeting representative and the reporting of the steward's time will be in accordance with Article 9.
  • 2. For non-recurring formal meetings, the Union will be provided with reasonable notice (i.e., generally not less than five (5) workdays notice) unless circumstances preclude such notice. Where a shorter notice period is necessary, the Employer will notify the Union as soon as practicable that a formal meeting will be conducted.
  • 3. Notice to the Union of a formal meeting will be sufficient if provided to the Chapter President (i.e., the one whose bargaining unit members will be attending the meeting).
  • 4. For the purpose of determining Union representation rights and in addition to the formal meetings referenced in subsection 1A above, the following will also be considered formal meetings:
    • (a) orientation sessions, both group and individual; and
    • (b) presentations by a representative of the Treasury Inspector General for Tax Administration and/or Labor Relations at training sessions.
  • 5. When orientation sessions for new employees are scheduled more than two (2) weeks in advance, the appropriate chapter(s) will be given notice ten (10) workdays prior to the orientation session.
  • 6. The Union is also entitled to attend "last chance" meetings and any settlement discussions regarding the last chance agreement. To the extent not prohibited by law, the Union may attend discrimination complaint settlement meetings consistent with the settlement agreement between the parties dated February 8, 2005. The Chapter President or Chief Steward will be notified of, and be allowed to attend such meetings. Where the Union does not attend a settlement meeting, and the settlement agreement impacts bargaining unit working conditions, (e.g., grants, promises, or gives priority consideration for a promotion, reassignment, training, etc.) the settlement agreement will contain the following statement:
    • "This settlement agreement is subject to review for compliance with negotiated agreements between the IRS and NTEU. Accordingly, it will be forwarded to the NTEU National President for a ten (10) day period of consideration. If NTEU alleges the settlement conflicts with any negotiated agreements between the IRS and NTEU, or other non-discretionary requirements, you will be notified."
  • Any challenges by the Union to EEO settlement agreements will be filed with the IRS Director Workforce Relations Division. The parties agree that all EEO complaint and settlement information must be kept confidential.
• B. Prior to the scheduled reporting date of prospective employees, National NTEU will be provided information electronically regarding prospective employees. The information provided will contain, at a minimum, prospective employees' names, position titles, Business Divisions, reporting dates, posts-of-duty (POD) and grades, but will be sanitized to conform to the requirements of the Privacy Act.
• C. If the local chapter requests, the Employer will include with its commitment letters a brochure, agreed to by the National parties, which outlines the benefits of membership in the Union.
• D. At any formal meeting held pursuant to this section, the Union representative will be identified. The representative may ask relevant questions and may make a statement of the Union's position respecting the subject of the meeting. Also, the Union representative may inform employees that if any of

• them wish to discuss the meeting topics with him or her further or in private, the employee may come to the Union office or other area to meet with the steward once they have checked out of the unit in accordance with Article 9, subsection 2P. Consistent with the Employer's right to assign work, the Employer will provide the Union with up to thirty (30) minutes to meet with impacted employees without managers present following formal meetings involving:
  • 1. the abolishment of bargaining unit positions, where the Employer has provided formal notice of a RIF under the provisions of Article 19 of this Agreement;
  • 2. a decision by the Employer to direct the reassignment and/or realignment of employees outside the commuting area or to a different POD within the commuting area, where formal notice has been provided under Article 15 of this Agreement;
  • 3. a decision by the Employer to reorganize a major component of a Business Division after formal notice is provided to the Union;
  • 4. a decision by the Employer to contract-out work under A-76;
  • 5. security issues to be implemented that impact all bargaining unit employees or all bargaining unit employees in a Business Division;
  • 6. a decision by the Employer to relocate a POD where formal notice has been provided under Article 47; and
  • 7. the implementation of a Workforce of Tomorrow initiative.
• E. The following provisions will apply to orientations:
  • 1. The Union will be provided a thirty (30) minute period for employee orientation sessions. This time will normally be provided immediately preceding a break. For orientations held at regional locations involving employees from multiple chapters, the Union will also receive fifteen (15) minutes to meet with those employees once the employees report to their permanent POD.
  • 2. The local parties will agree upon the time that the thirty (30) minute period described in subsection E1 above will occur on the schedule. No Employer representatives will be present during the period of time that the local chapter representative(s) meet with the employees. The Union may distribute copies of the Agreement, provided by the Employer, during this session. If not, copies will be distributed by the Employer.
  • 3. The Employer will introduce the Union during each orientation by showing an NTEU video, not to exceed twelve (12) minutes, when video equipment is available. If such a video is shown, the time to show such a video will be in addition to the Union's time for orientation as discussed above. When the Employer schedules the orientation session outside of the tour of the Union representatives directed to attend the session, those representatives will be given credit hours, if eligible to earn credit hours, for attending, in accordance with this Agreement. In the alternative, by mutual agreement between the parties, the representative's tour of duty may be changed.
  • 4. For regional or campus orientation sessions where more than fifty (50) new employees are scheduled to attend, the Union may send an additional steward on official time for every additional twenty-five (25) employees scheduled to attend over fifty (50) employees. The additional stewards must be designated as full time stewards under the LOTUP or stewards on their own time and are only eligible for local mileage reimbursement. The additional stewards may only attend the Union portion of the orientation.
• F. If an employee will not be included in a group orientation, the appropriate chapter will be afforded thirty (30) minutes on the employee's first day. If no orientation is held or National NTEU did not receive notification under subsection 1B above, the appropriate chapter will be afforded thirty (30) minutes to meet with the employee on his or her first day or later as appropriate.
• G. Union representatives may address a training class during the non-duty hours of the class members. When Division-wide Continuing Professional Education (CPE) or Continuing Legal Education (CLE) classes are scheduled more than two (2) weeks in advance, the appropriate chapters will be given notice no less than ten (10) days prior to the CPE or CLE session.
• H. The Union shall provide the Employer with a list of the chapters to represent employees along with a description of the boundaries of the chapter. In addition, every six (6) months, beginning with the effective date of this Agreement, the parties will exchange a listing of all managers and Union officials. The listing will include the phone number, FAX number as appropriate, VMS number and e-mail address of the person, their organizational location and area of representational responsibility. This latter list will be exchanged at the local level.

Section 2

In the case of formal meetings conducted in accordance with this Article, the management official will delay the meeting until a steward is available if circumstances (e.g., workload, employee safety) permit. The chapter and managers are encouraged to discuss possible ways to resolve scheduling conflicts.

Section 3

One (1) week of each year, to be agreed upon between the parties annually at the national or local level, will be recognized by the Employer as Labor Recognition Week. During that week, local chapters may use the Employer's cafeterias, break rooms and snack bars in headquarters offices and posts-of-duty to set-up exhibits to publicize the contributions of organized labor, particularly NTEU, to society. Meeting rooms may also be made available in accordance with Article 11, subsection 2A3. Consistent with workload and staffing needs, the Employer shall make every reasonable effort to grant employees with one (1) hour of administrative time to participate in Labor Recognition Week activities. Local chapters shall be provided with twenty (20) hours of bank time to prepare and conduct Labor Recognition Week activities.

Section 4

The Union may refuse to represent employees in proposed disciplinary actions and in statutory appeals (for example, adverse actions, unacceptable performance actions, Equal Employment Opportunity complaints). When the Union chooses to represent an employee in such proceedings, the Union still retains all statutory rights.

Section 5

The appropriate local chapter(s) shall have the right to include articles in the Employer's newsletters. The number of articles will be limited to one-half (1/2) of the issues. The length will be determined by the parties locally. Such articles shall be limited to general topics, as opposed to individual cases or disputes between the parties, and shall be subject to the "posting" rules of Article 11, Section 4. The Union's National Office shall have the right to include such articles of not more than one (1) typed page in length in national newsletters or publications intended for all employees.

Section 6

Upon request, after the approval of the Department of the Treasury appropriation, the Employer will meet with national Union representatives, to review and discuss its budget, annual business and staffing plans and any transition/reorganization issues. A copy of the initial approved budget, a full description of each line item and the annual financial operating guidelines will be provided during this meeting. Thereafter, and upon request, the Employer will provide additional Service-wide budget briefings. These meetings shall be conducted on official time and will include any changes and/or reprogramming of funds to the annual budget.

Section 7

The Union will not encourage or initiate any unlawful, concerted activity on the part of an employee or group of employees which would harm or adversely affect the operation and/or mission of the Employer. It will not condone any such activity by failing to take affirmative action to prevent or stop it.

Section 8

• A. A copy of any local survey, which is intended to be distributed to bargaining unit employees by the Employer, will be first provided to the appropriate Union chapter for comment at least fifteen (15) days in advance of distribution to bargaining unit employees.
• B. At the national level, surveys, whether Service-wide or within an entire Division or Function, will be provided to the NTEU National Office at least thirty (30) days in advance of distribution to bargaining unit employees.
• C. To the extent not prohibited by law, chapters may request copies of the work plans and work schedules if the work plans and work schedules are utilized by the Employer to make staffing and leave determinations.

Section 9

• A. If the Employer decides to contract-out work that may result in the loss of work normally performed by bargaining unit employees, which is not otherwise covered by A-76, the Employer will notify National NTEU and bargain to the extent required by law and this Agreement. If requested and available, the Employer will provide the following information to National NTEU:
  • 1. the name of the contract;
  • 2. the method by which the contract was let (e.g., sole source, competitive bid);
  • 3. the name of the contractor;
  • 4. the location of the work;
  • 5. the nature of the work;
  • 6. the performance standards of the contract;
  • 7. the annual cost of such work when performed by IRS employees; and
  • 8. the original cost of the contract and the final cost
• B. Separate procedures for competitive sourcing initiatives are found in Article 19, Section 10 of this Agreement.

Article 9
Stewards and Official Time

Section 1 Designation

• A. The Employer and the Union recognize that the use of official time to conduct authorized representational activities is in their mutual interest. The parties share the responsibility to ensure that such time is used effectively and appropriately accounted for. In this

• regard, the use of time by a Union steward in the conduct of his or her representational duties shall be charged to either official time or bank time in accordance with Section 3 below, unless otherwise approved by the Employer. Whenever the term "steward" is used in this Article, it shall include Assistant Chief Stewards, Chief Stewards, Chapter Presidents and any other bargaining unit employees authorized by the Union in advance to act on its behalf.
• B. The Union may designate stewards to act on its behalf in accordance with the following:
  • 1. In addition to a President and a Chief Steward, each NTEU Chapter shall be authorized to appoint and assign stewards as the chapter deems appropriate. There is no limit on the number of employees who may serve as stewards;
  • 2. All stewards, except Chapter Presidents and Chief Stewards, must be bargaining unit employees or IRS retirees in good standing.
  • 3. The Union will provide the Official Time Coordinator (OTC) or designee with a roster of the names of stewards appointed pursuant to this subsection, and any changes to such rosters as they occur, along with any assigned area of responsibility if such designations are made by the chapter. The roster will be posted on the Union portion of all official bulletin boards.
  • 4. If requested, NTEU at the national level will provide the Human Capital Officer of the Employer with the jurisdictional area of each chapter by July 1 each year.
  • 5. Annually and if requested, the Human Capital Officer of the Employer or designee, will provide NTEU at the national level with electronic organizational charts for each Business Unit showing the chain of command down to the group or unit level and the name of the management official leading that component.
  • 6. One (1) steward per chapter will be designated as a Chief Steward, unless there is more than one (1) shift (day, night or swing) operating within the chapter's jurisdiction, in which case the Union may designate one (1) Chief Steward per shift.
  • 7. Each steward, Chief Steward, and Chapter President may cross Division lines to represent employees in any other Division or work group within that Chapter's jurisdiction; however, all stewards (except retired stewards) must be employed within the jurisdiction of their assigned chapter.

Section 2 Official Time

• A. The Employer fully recognizes that whatever reasonable time is spent in the conduct of Union/Employer business is spent as much in the interest of the Employer as that of the employees.
• B. Stewards shall be granted official time for participation in the meetings with the Employer and any other activities described in subsection 2C below (including official time to travel to and from such meetings). Unless authorized by specific provisions of this Agreement, the Union will be entitled to only one (1) steward on official time for each of the meetings and/or activities listed below.
• C. Official time shall be granted for only the following meetings and activities:
  • 1. meetings with the Employer concerning personnel policies, practices or other general conditions of employment, or any other matter covered by 5 U.S.C. §7114(a)(2)(A);
  • 2. meetings to discuss or present unfair labor practice charges or unit clarification petitions;
  • 3. meetings with the Employer for the purpose of presenting replies to proposed termination of probationers;
  • 4. oral replies to notices of proposed disciplinary, adverse or unacceptable performance actions;
  • 5. meetings to present appeals in connection with statutory or regulatory appeal procedures in which the Union is designated as the representative;
  • 6. meetings with the Employer for the purpose of presenting reconsideration replies in connection with the denial of within-grade increases;
  • 7. examinations of employees in the unit by a representative of the Employer 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;
  • 8. tax audits of unit employees that are conditions of employment when the employees request representation;
  • 9. grievance meetings and arbitration hearings, in accordance with the applicable articles of this Agreement;
  • 10. meetings of committees on which Union stewards are authorized membership pursuant to this Agreement;
  • 11. Negotiations with the Employer in accordance with the applicable articles of this Agreement, including the Federal Service Impasses Panel (FSIP) and mediation/arbitration;
  • 12. participation in a Federal Labor Relations Authority investigation or preparation for a hearing as a representative of the Union;

• • 13. to the extent permitted by law, participation in Union conducted training designed primarily to further the interest of Government by bettering the labor-management relationship, where the agenda has been reviewed in advance by the Employer and the amount of time has been approved. The Employer will change the tour of duty of the steward whose assigned tour of duty does not coincide with the hours of the training class. However, the tour of duty change will not be made solely to accommodate travel. In the event the parties are unable to agree upon a reasonable amount of time for a specific training event, the Union may use bank time and address the dispute through the streamlined grievance and arbitration procedures of this Agreement. The parties also agree that the Union's use of official time for training under the Contract includes training to promote an understanding of the legislative process;
  • 14. to participate in other third party proceedings, to the extent authorized by governing law, regulation, and/or this Agreement;
  • 15. to attend OSHA Field Council meetings;
  • 16. Employee Engagement Survey meetings;
  • 17. communications with management, whether written, electronic, or telephonic.
• D. For other activities associated with the maintenance of an effective labor-management relationship, as described in subsection 2E below, stewards shall be provided official time, hereinafter referred to as "bank time," in amounts determined in accordance with the provisions of subsections 2G and 2H below, including time to travel to and from meetings and other activities for which the steward receives bank time, and the check-in/check-out procedures described in subsections 2P through 2S.
• E. Bank time shall be granted for only the following activities:
  • 1. to confer with employees with respect to any matters for which remedial relief may be sought pursuant to the terms of this Agreement;
  • 2. to prepare grievances;
  • 3. to prepare witnesses in any proceeding for which official time is authorized;
  • 4. to review documents;
  • 5. to prepare a reply to a notice of proposed disciplinary, adverse, or unacceptable performance action;
  • 6. to prepare for arbitration;
  • 7. to prepare a reconsideration statement in connection with the denial of a within-grade increase;
  • 8. to meet with national staff representatives of the Union in connection with a grievance, arbitration or ULP charge;
  • 9. to prepare for local and National Labor Management Relations Committee (LMRC) meetings, as well as negotiations conducted pursuant to this Agreement;
  • 10. to prepare and maintain records and reports required of the Union by 5 U.S.C. §7120(c) and other Government Agencies;
  • 11. meeting with an employee to prepare a grievance meeting over a grievance regarding the employee's appraisal;
  • 12. coordinating labor-management meetings and other representational activities authorized by this Article, where otherwise warranted by a chapter's level of activity, as provided by the parties' Local Official Time Utilization Plan (LOTUP);
  • 13. to respond to contacts from Congress, but not to lobby a member of Congress or staff person of a member of Congress;
  • 14. related communications whether written, electronic, or telephonic; and
  • 15. activities related to the Employee Engagement Survey.
• F. Notwithstanding any other provision in this Agreement, the parties agree that any activities performed by stewards relating to the internal business of the Union shall be performed during the time the stewards are in non-duty status.
• G. Bank time as described in subsection 2E above will be made available for each chapter as outlined in this subsection.
  • 1. The amount of bank time allocated to each NTEU chapter will be based on the per capita bank time used by each chapter during the previous contract year.
  • 2. The allocation of bank time for each chapter will be determined by multiplying the number of bargaining unit employees each chapter represents on the rolls of the Employer during the first pay period in the month of April immediately preceding each contract year by the per capita usage from the previous contract year. For the first contract year, the per capita figure will be based on usage during Fiscal Year 2008.
  • 3. Chapters may not carry over any unused bank time to the next year.
  • 4. Chapters with bank time per capita rates less than three (3.0) hours will have allocations of bank time determined by the national parties' LOTUP representatives not to exceed 125% of the prior year rate.

• H. The parties are committed to reducing the amount of bank and official time used for representational activities during each year of this Agreement.
  • 1. The parties will endeavor to achieve an overall five percent (5%) reduction in official and bank time during each year of this Agreement.
  • 2. The parties agree to establish chapter-level targets for reducing bank time during each year of this Agreement as follows:
    • (a) five percent (5%) reduction in bank time for chapters with bank time per capita rates greater than 3.5 hours;
    • (b) two percent (2%) reduction in bank time for chapters with bank time per capita rates between 3.0 and 3.5 hours; and
    • (c) zero percent (0%) reduction in bank time for chapters with bank time per capita rates less than 3.0 hours provided these chapters do not increase bank time usage by more than five percent (5%) during the year.
  • 3. If the reductions described in either subsection 2H1 or subsection 2H2 are not met during the first two (2) contract years, the parties agree to reopen Article 9 during the reopener negotiations consistent with Article 54, Section 3 of this Agreement. As part of reopener negotiations, the parties will focus primarily on rebalancing incentives and introducing disincentives to ensure goals are met in subsequent contract years. The reopening of Article 9 will not count as one of the articles each party may open during the reopener negotiations.
  • 4. Every six (6) months, the parties agree to utilize the National LMRC meetings as a forum for holding "Official Time Summits," to assist chapters in managing the use of official and bank time and developing strategies to assist chapters not meeting the established goals.
  • 5. Exhibit 9-2 to this Agreement lists incentives for a chapter if the chapter goal is achieved.
• I. Full Time Stewards The Employer recognizes that chapters are likely to use their allotments of bank time, and other time in such a way that may result in a limited number of representatives who engage in labor-management activities permitted under this Agreement on a full time basis.
  • 1. The number of full time stewards will be determined in the LOTUP.
  • 2. Chapters that represent fewer than 125 bargaining unit employees may not appoint full time stewards unless the employees represented by the Chapter are located in more than four (4) PODs or the parties mutually agree otherwise in the LOTUP, and the level of activity justifies a full time steward. In the absence of mutual agreement, the parties may not invoke the arbitration procedures of subsection 2K2 below.
  • 3. Stewards designated as full time in the LOTUP will be permitted to work the time needed to qualify for a rating of record consistent with Article 12, subsection 4J2.
• J. Other than Full Time Stewards
  • 1. All other stewards will be limited to a total of 850 hours of bank and/or official time during the LOTUP annual period.
  • 2. Chapter Presidents and Chief Stewards not designated as full time in the LOTUP, may exceed the 850 hour cap during the LOTUP annual period provided sufficient time is accumulated to meet the sixty (60) day minimum appraisal period needed to receive an annual rating of record. An exception may also be made for other stewards if sufficient justification is provided in the LOTUP and the chapter has appointed no full time stewards.
• K.
  • 1. When a chapter uses seventy percent (70%) of its allotted bank time, National NTEU can enter into negotiations with the Employer for more bank time. Such negotiations shall occur between the national parties or their designees. If no agreement is reached within fifteen (15) days after notice is served on the Employer by the Union of the Union's desire to negotiate, the Union can invoke arbitration by serving a second letter on the Employer. Either or both parties will then contact an appropriate umpire who will be retained to resolve these disputes. The umpire will assist the parties to reach agreement through appropriate means including the issuance of an award. Where the umpire cannot help the parties reach a voluntary agreement, the parties will be entitled to a decision as to what is a reasonable solution and the umpire will decide the question of "what is reasonable" under the circumstances presented. The award, if issued in writing, will be considered a final and binding arbitration decision under 5 U.S.C. §7122.
  • 2. Disputes regarding LOTUPs, including whether chapter representatives should be authorized to pursue labor-management duties on a full time basis, shall also be subject to the expedited resolution process as described in this subsection. However, final and binding arbitration decisions as defined above will only be binding during the LOTUP annual period, or until the LOTUP is renegotiated subject to the LOTUP reopener provision in subsection 8B, whichever is later.
• L. On an annual basis, the parties will conduct joint training on the reporting and use of bank and official time. In addition, on a regular basis, the local parties

• [that is, a management official designated by the Employer and the applicable Chapter President(s) or designee(s)] shall meet to discuss the use of bank and official time, the reporting of such time, and any other related issues.
• M. The Employer may place a steward on special reporting requirements over and above those set forth in this Article, if, after discussing the matter with the appropriate NTEU chapter (or where applicable, the Union's National Office), the Employer's concerns are not resolved. The Union retains the right to challenge such restriction under the streamlined grievance and arbitration procedures of this Agreement.
• N. For any situation where the Employer refuses to release a steward and/or an employee to use bank or official time or administrative time respectively under this Article, the Employer will provide the steward and/or the employee with a written explanation for the denial of time (i.e., the reason(s) and/or rationale for the denial, including any data, etc., as appropriate). On a semi-annual basis, the Employer will provide NTEU with a report on official/bank time denials for stewards by Division and location.
• O. Time Usage Reports
  • 1. The Employer will provide each chapter with a monthly accounting, and the NTEU National Office with an annual accounting, of the amount of time used by each NTEU chapter under this Article. If the chapter does not submit any disagreement with the monthly report (in writing) within ten (10) workdays following receipt, the accounting shall be considered accurate through that period of time. If the Employer fails to provide the monthly reports in a timely manner, no request by a chapter for bank time will be denied on grounds that it has insufficient bank time.
  • 2. On an annual basis, the Employer will provide the Union with an accounting of bank time and official time usage by chapter, including time used to process complaints of discrimination.
• P.
  • 1. Consistent with the Statute, stewards and employees requesting official time, bank time and administrative time, respectively under this Article will request time from their immediate supervisor and if official, bank or administrative time is otherwise permitted for this activity by this Agreement, will be released provided work requirements or work schedules do not prohibit release. In this regard, the steward or affected employee will inform their supervisor(s) as to where they will be when using the time, the approximate amount of time that they will need, and a general description of the activity for which the time will be used (e.g., time permitted under subsection 2C4 or subsection 2E6). If the steward plans to leave IRS facilities to perform the representational activity, the supervisor must approve the location requested.
  • 2. If there is a disagreement over the amount of time requested, the activity for which the time is requested and/or when the steward/employee is to be released, the supervisor may refer the matter to a higher level management official (e.g., the designated management OTC) for review and determination. That management official should make a reasonable attempt to contact the appropriate Chapter President in an attempt to resolve the matter.
  • 3. Denial of release and/or disagreement over the amount of time may be challenged under the negotiated streamlined grievance and arbitration procedures set forth in Articles 41 and 43 of this Agreement. The first step grievance meeting will include the affected steward/employee, as appropriate, the official(s) who did not grant the request for time and a steward appointed by the chapter.
  • 4. To the extent such disputes are decided in favor of the Union by an arbitrator, the provisions of subsection 4A1 of Article 43 will apply.
• Q. Stewards who enter work areas pursuant to this section will check in with the supervisors in those work areas before contacting the employee to be visited.
• R. When stewards or employees have completed the use of approved time, they must check back in with their supervisors and will inform the supervisors of the amount of time they used and record the amount in accordance with Section 3 below.
• S. As noted above, normally, the steward and/or employee will be released if workload conditions permit; however, where release is denied, any applicable time frames (for example, grievance filing deadlines) will be tolled until workload conditions permit such release.

Section 3 Time Reporting

• A. The Service uses the Single Entry Time Reporting (SETR) System for recording time spent conducting Union representational activities. Since SETR utilizes the Form 3081, NTEU stewards will be required to use the form to report time. For Union stewards who report their IRS time on the Employer's electronic Form 3081, the electronic Form 3081 is to be used as the exclusive mechanism for the reporting of time used by Union stewards under this Agreement, regardless of whether such time is authorized as bank or official time. The reporting of such time will be consistent with the steward's current time reporting cycle (for example, weekly basis).

• B. Any employee, regardless of NTEU title and/or variation on the title, who is designated to act for the Union as a NTEU steward, is required to report bank and official time used. The term "NTEU steward" includes, bargaining unit employees who are designated to serve on contractually-established joint committees and bargaining unit employees who are designated to participate in activities outlined in Exhibit 9-1.
• C. The following procedures will be used for reporting time:
  • 1. Since employees are required to submit the Form 3081 prior to the end of the reporting cycle, NTEU stewards will make a good faith effort to accurately report time spent on representational activities to the proper NTEU OFP code for the activity based on what they know at the time of the report. If corrections are necessary, they will be made in accordance with established local procedures for correcting data entered into the SETR system. However, under no circumstances will time chargeable to the official time and bank time codes be charged to any other OFP code for the activity.
  • 2. The process of reporting time and making corrections is an integral part of the SETR time reporting procedures. Such activity normally will not be viewed as falsification of the Form 3081, and the Employer has determined that disciplinary action would not be appropriate.
  • 3. Timekeepers will not change the OFP code to which bank and official time has been charged. If the time charged to those codes on the Form 3081 cannot be entered in SETR, the timekeeper will contact the employee's supervisor for resolution.
  • 4. SETR requires an accounting of all the time in an employee's workweek. Therefore, all NTEU stewards must account for all the time in their workweek on the Form 3081. That is, full time employees, other than those on a 5/4/9 schedule, must account for forty (40) hours, and part-time employees must account for all the hours in their part-time schedules. Employees on a 5/4/9 schedule will account for 35/45, 36/44, 45/35 or 44/36 hours per week according to their individual 5/4/9 schedule.
  • 5. NTEU representatives, including Chapter Presidents, who perform bank time activities must charge that time to the bank time OFP.
  • 6. The Form 3081 will be submitted to the employee's timekeeper or immediate supervisor, consistent with the practice in the local office. At the same time, or prior to submitting the Form 3081 to the timekeeper or supervisor, as appropriate, the NTEU stewards may submit the information to the Chapter President for review. The Employer, prior to signing the Form 3081, will ensure that time charged to all OFPs is accurate. If management and/or the reviewing chapter discover discrepancies, management and the NTEU stewards, at the appropriate level, will discuss the issue and attempt to resolve it. If it is not resolved before management must sign the time sheet for final entry into SETR, the time will be reported in accordance with management's records. If management and NTEU come to agreement on how to report the time later, a corrected Form 3081 can be entered into the system. If there is no agreement on how to report the time, NTEU may file a grievance.

Section 4 Work Conflicts

• A. The Employer has determined that it will reassign work previously assigned to a steward when it determines that the work cannot be timely performed due to the steward's representational duties.
• B. The steward may request that the Employer consider such reassignment of work by providing a list of the work that the steward believes should be reassigned.
• C. When a steward disagrees with the Employer's determination, the steward and Employer will attempt to resolve the dispute through a meeting. Only if the parties meet and still fail to resolve the dispute may the Union request the Employer's reasons in writing. At that point, the Employer will put the reasons for refusing to reassign the work in writing.

Section 5

• A. Credit Hours Union stewards, to the extent otherwise permitted by law and governing regulation, will be allowed to earn credit hours performing any official time activities listed in subsections 2C1 through 2C12 of this Article, including travel to and from such activities, to the extent otherwise permitted by law and governing regulation.
• B. Overtime and Compensatory Time Employees serving as stewards may not earn compensatory time or overtime for representational activities. However, when stewards are already in an approved overtime or compensatory time status, due to the fact they are performing the work of the IRS, they may earn compensatory time or overtime to perform the representational duties on official time if approved by the Employer.
• C. Flexiplace
  • 1. Union stewards, who otherwise meet the criteria set forth in Article 50 of this Agreement, and are in positions that are eligible for occupational or situational flexiplace, may perform bank and official time activities while on approved

• • flexiplace. The performance of such activities on flexiplace may be addressed in the LOTUP.
  • 2. Chapter Presidents and Chief Stewards whose positions are not listed as eligible for occupational or situational flexiplace, but who otherwise meet the criteria of Article 50, subsections 2A, 2B, 2C, 2D and 2G of this Agreement, may perform bank and official time activities on situational flexiplace up to twenty-four (24) hours a month, subject to mutual agreement in the LOTUP.

Section 6 NTEU National Office Training

• A. Bank time, as provided by subsection 2E above, will be authorized for the attendance of Union stewards at any training event conducted by the Union's National Office, provided that the content thereof is approved in accordance with this Article. Only training locations in accordance with the August 22, 2001, memorandum, Guidelines for Holding Off-Site Meetings, will be eligible for Employer reimbursement under this subsection.
• B. The Employer will pay the travel and per diem of one (1) steward per chapter per calendar year to attend NTEU National Office training. The Union will submit the names of attendees for whom the Employer is paying, generally one (1) week in advance of the training event to the appropriate OTC. Only the representatives for whom the Employer is paying travel and per diem expenses will be required to attend the training on bank time.

Section 7 Labor Recognition Week

In accordance with Article 8, local chapters may utilize twenty (20) hours of official time to prepare for and to conduct Labor Recognition Week activities. Prior to using the time, each chapter must submit a list of stewards using the time and the amount of time to be used by each steward to the OTC. The sum of the time submitted may not exceed twenty (20) hours and no other time will be approved.

Section 8 Local Official Time Utilization Plans

• A. Designated local representatives of the national parties (for example, the Chapter President and the designated OTC) will establish a LOTUP or may elect to open for discussion an existing LOTUP. Such plans will be maintained for each chapter and shall address official/bank time issues involving training, travel, release from duty, and appeals of any denials to use time, etc.
• B. Each plan will cover a one (1) year period of time designated as the LOTUP annual period. The designated representatives of the national parties will be permitted to reopen discussions on an annual basis. Absent mutual agreement, either party may do so during the last thirty (30) days of the LOTUP annual period. The national parties shall issue guidance with respect to such plans.
• C. Within sixty (60) days of the implementation of this Agreement, the national parties will complete negotiations over LOTUPs for chapters without LOTUPs. If agreement is not reached within the sixty (60) day period, the dispute will be referred to the national office of both parties prior to invoking the impasse procedures in subsection 2K2 above. One (1) Union national staff representative and one (1) management representative will meet to settle the dispute and should utilize terms commonly found in other LOTUP agreements from similar chapters.
• D. If the parties are unable to agree upon a LOTUP reopened consistent with subsection 8B above, the dispute will be referred to the national office of both parties prior to invoking the impasse procedures in subsection 2K2 above. One (1) Union national staff representative and one (1) management representative will meet to settle the dispute and should utilize terms commonly found in other LOTUP agreements from similar chapters.
• E. The parties will be directed in the LOTUP process to pursue a five percent (5%) reduction in the amount of time used the previous year by examining such matters as improving the scheduling of formal meetings and grievance meetings, combining group meetings and reducing overnight travel.

Section 9 Travel and Per Diem

• A. The parties jointly commit to the following principles as the foundation for a productive and cost effective labor-management relationship:
  • 1. When practical, the parties will schedule meetings in a consolidated fashion for grievances, oral replies, negotiations, contractually mandated committees, formal discussions, briefings or similar activities.
  • 2. The parties are committed to reducing the amount of travel used for representational activities during each year of this Agreement.
    • (a) A discussion on the progress in reducing travel costs will be included as part of the "Official Time Summits" described in subsection 2H4 above.
    • (b) If reductions in travel costs do not occur as a result of the efforts of the parties during the first two (2) contract years, the parties agree to reopen Article 9 during the reopener negotiations consistent with Article 54, Section 3 of this Agreement. The reopening of Article 9

• • • will not count as one of the articles each party may open during the reopener negotiations.
  • 3. The parties share an interest in tracking travel, per diem, and related cost information in order to assess program efficiency and effectiveness. The Employer has established a system designed to track travel, per diem and related costs necessary to support these program goals. The system requires all Union-related travel to be charged to Purpose Code U.
  • 4. The Union stewards are committed to report all official time and travel, per diem, and related costs in a timely and accurate manner.
  • 5. Travel vouchers of Union stewards are subject to the same approval requirements as other employees engaging in official travel on behalf of the Agency.
• B. Steward Travel The Employer will reimburse reasonable travel and per diem expenses for travel outside of the commuting area for stewards authorized to travel only for the following meetings and activities as indicated below:
  • 1. The Employer will pay the travel and per diem expenses for stewards who are authorized under Article 46, subsection 2B of this Agreement to attend a National LMRC meeting.
  • 2. The Employer will pay the travel and per diem expenses for one (1) steward from each chapter as indicated in Exhibits 46-1 and 46-2 who are authorized to attend an LMRC, Safety Advisory or DEEOA Committee meeting.
  • 3. The management official conducting a local institutional grievance meeting under Article 42, Section 3, may opt for a meeting by telephone or other electronic means. If the Employer elects to hold a local institutional grievance meeting face-to-face, the Employer will pay the travel and per diem expenses for one (1) steward appointed by the chapter that filed the grievance to attend the meeting.
  • 4. One (1) steward may attend mass grievance and streamlined grievance meetings held pursuant to Article 41, Sections 4 and 5. The Employer will reimburse travel and per diem for the steward appointed by the chapter that filed the grievance to attend the step 3 grievance meeting. If the hearing official for step 2 is an Executive, the Employer will reimburse travel and per diem for the steward to attend the step 2 grievance meeting.
  • 5. For employee appraisal grievance meetings:
    • (a) One (1) steward may attend employee appraisal grievance meetings held pursuant to Article 41, subsection 6C.
    • (b) The Employer will reimburse travel and per diem for the steward appointed by the chapter that filed the grievance to attend the step 3 grievance meeting.
    • (c) The step 2 meeting will be held telephonically or by other electronic means unless the participants are in the commuting area of the step 2 meeting.
    • (d) The grievant/Union may elect that the step 2 meeting be held face-to-face for appraisal grievances. In that case, the Employer will reimburse travel and per diem for the steward appointed by the chapter that filed the grievance to attend the step 2 meeting. The step 3 meeting will then be held telephonically or by other electronic means unless the participants are in the commuting area of the step 3 meeting.
    • (e) If the hearing official for step 2 is an Executive, the Employer will reimburse travel and per diem for the steward to attend the step 2 grievance meeting.
  • 6. For grievance meetings held pursuant to Article 41, Section 7:
    • (a) One (1) steward, appointed by the chapter that filed the grievance, may attend first step grievance meetings. No travel and per diem is authorized for any step 1 grievance meetings.
    • (b) Unless participants are located in the commuting area of the step 2 meeting, one (1) steward, appointed by the chapter that filed the grievance, may only participate in Step 2 meetings by telephone or other electronic means.
    • (c) One (1) steward, appointed by the chapter that filed the grievance, may attend third step grievance meetings. The Employer will reimburse travel and per diem for the steward appointed by the chapter filing grievance to attend the step 3 grievance meeting. One (1) additional steward, who must be full time, may also attend the Step 3 meeting if located in the commuting area of the meeting.
  • 7. The Employer will pay the travel and per diem expenses for committee members who are authorized to attend a DEEOA Committee meeting under Article 45, subsections 1B2 and 1D.
  • 8. The Employer will pay the travel and per diem expenses for up to four (4) stewards, unless more are authorized to attend under Article 47, subsection 1B1 for the following:
    • (a) for mid-term negotiations, including dispute resolution with FSIP and
    • (b) for dispute resolution meetings consistent with Article 47, subsection 2H3.

• • 9. For meetings/activities conducted pursuant to subsection 2C above:
    • (a) One (1) steward may attend the meetings/activities conducted pursuant to subsections 2C1, 2C3, 2C6, 2C7, 2C8, 2C15 and 2C16 above. The Employer will reimburse travel and per diem for the Chapter President of the impacted chapter to travel within the state of the location of the chapter office to attend such meetings/activities. Where more than one (1) chapter is impacted, the Union will designate the chapter to handle the meeting/activity. If the Chapter President does not attend, the Union may assign a steward from any chapter within the commuting area of the meeting/activity to participate. If no steward is assigned to the commuting area of the meeting/activity, a designated steward from any impacted chapter may participate by telephone or other electronic means.
    • (b) One (1) steward may attend the meetings/activities conducted pursuant to subsections 2C2, 2C4, 2C5, 2C9 (applies to arbitration hearings only), 2C12 and 2C14 above. The Employer will reimburse travel and per diem for the Chapter President or a Chief Steward of the impacted chapter to travel to attend such meetings/activities with the exception of streamlined arbitration hearings. Where more than one (1) chapter is impacted, the Union will designate the chapter to handle the meeting/activity. If the Chapter President or a Chief Steward does not attend, the Union may assign a steward from any chapter within the commuting area of the meeting/activity to participate. However, by mutual agreement a steward from the impacted chapter may be reimbursed for travel and per diem to attend the meeting/activity if that steward possesses a unique skill, level of expertise and/or level of experience or if no steward is assigned to the commuting area of the meeting/activity.
    • (c) Stewards may participate in the activities listed under subsection 2C13 on official time, but travel is not reimbursed, with the exception of the travel and per diem authorized in Section 6 above.
    • (d) Stewards may participate in the activities listed under subsection 2C17 on official time, but only local travel will be reimbursed as appropriate.
  • 10. The Employer will pay the travel and per diem expenses for Union stewards authorized to attend pursuant to the bylaws of a Business Improvement Committee (BIC). By mutual agreement, the parties may elect to hold a meeting of the BIC by telephone or other electronic means.
  • 11. Consistent with Section 6 above, the Employer will pay the travel and per diem of one (1) steward per chapter per calendar year to attend NTEU National Office training.
• C. Employee Time and Travel
  • 1. A grievant, appellant, or witness who has been released by the Employer or an employee who is the subject of an examination in connection with an investigation will receive, a reasonable amount of administrative time in accordance with subsection 2P above for attendance at grievance meetings, arbitration hearings, oral reply meetings for a notice of proposed adverse, disciplinary or unacceptable performance action, an adverse action hearing (if the employee is still on the rolls), other statutory or regulatory appeal hearings (if the employee is still on the rolls), meetings for the purpose of presenting replies to proposed termination of a probationary employee (if the employee is still on the rolls), meetings for the purpose of presenting reconsideration replies in connection with the denial of a within-grade increase and an examination by a representative of the Employer in connection with an investigation which may lead to disciplinary action.
  • 2. For the meetings/activities described in subsection 9C1 above, the Employer will reimburse travel and per diem for the employee to attend. However, travel and per diem will not be authorized for an employee to appear as a witness at any grievance meeting or to attend a streamlined arbitration hearing or if travel and per diem is not permitted for one of the meetings/activities by another provision of this Agreement. Local travel will be reimbursed as appropriate.
  • 3. Employees will receive, a reasonable amount of administrative time in accordance with subsection 2P above and local travel reimbursement when an employee is being interviewed by a steward who is using time pursuant to subsections 2C or 2E or by a national representative of the Union, in connection with a matter for which remedial relief may be sought pursuant to this Agreement. Employees who are witnesses in arbitrations will receive administrative time when being interviewed by national representatives of the Union in connection with an arbitration and when testifying during the arbitration.

• • 4. Employees will receive a reasonable amount of administrative time in accordance with subsection 2P above and local travel reimbursement to prepare responses to actions proposed by the Employer.
• D. Local Travel for Stewards The Employer will reimburse authorized and reasonable travel expenses for travel within the commuting area for all activities/meetings listed in subsection 2C above. Reimbursement will be made for mileage expenses payable at the current rate as published by GSA in the Federal Register. Stewards may not receive time for their normal commute unless provided for by law or regulation.

Article 10
Dues Withholding

Section 1

• A. This Article is for the purpose of permitting eligible employees who are members of the Union to pay dues through the authorization of voluntary allotments from their compensations.
• B. This Article covers all eligible employees:
  • 1. who are members in good standing of the Union;
  • 2. who have voluntarily completed SF-1187, Request for Payroll Deduction for Labor Organization Dues; and who receive compensation sufficient to cover the total amount of the allotment.
• C. A properly submitted SF-1187 consists of an original SF-1187 with attached copies, or an original SF-1187 with two (2) photocopies, or a signed facsimile SF-1187 with two (2) copies, submitted by a local Union official to the Payroll Center.
• D. The Employer shall automatically withhold, on a biweekly basis, the appropriate amount of dues from any bargaining unit employee who has submitted an SF-1187.

Section 2

• A. Certification and remittance procedures shall be as follows:
  • 1. dues will be wire transferred to the bank account designated by the Union;
  • 2. electronic files or magnetic media will be transmitted to the Administrative Controller, National Treasury Employees Union, 1750 H St., NW, Washington, DC 20006; and
  • 3. the Union's National President or any chapter officer who has submitted proper notification to the servicing personnel office is authorized to make the necessary certification of SF-1187.

Section 3

• A. The Union will:
  • 1. inform and educate its members on the voluntary nature of the system for allotment of Union dues, including the conditions under which the allotment may be revoked;
  • 2. purchase and distribute to its members SF-1187;
  • 3. inform the Employer of changes in the certification and remittance procedures;
  • 4. forward properly executed and certified SF-1187s, using transmittal Form 3210, to the employee's servicing Payroll Center on a timely basis;
  • 5. forward an employee's revocation (SF-1188, Revocation of Voluntary Authorization for Allotment of Compensation for Payment of Employee Organization Dues) to his or her servicing Payroll Center on a timely basis when such revocation is submitted to the Union;
  • 6. inform the employee's servicing Payroll Center of the name of any participating employee who has been expelled or ceases to be a member in good standing in the Union within ten (10) days of the date of such final determination; and
  • 7. inform the Employer of any change in the formula for membership dues.

Section 4

• A. The Employer is responsible for processing voluntary allotment of dues in accordance with this Article. The Employer will:
  • 1. upon receipt of a properly certified SF-1187 or SF-1188 by mail, the Payroll Center will stamp the date received legibly on the back of all copies and date stamp and sign the accompanying transmittal Form 3210. The acknowledgment copy of Form 3210 and the Union copy of the SF-1187 will be returned to the appropriate Union office. Once a receipted Form 3210 is received, the Payroll Center will assume full responsibility for processing the SF-1187 according to Section 5. If the date received is not stamped legibly or written legibly on the Union copy, the SF-1187 will be considered received by the Payroll Center on the receipt date of the transmittal Form 3210;
  • 2. withhold dues on a biweekly basis;
  • 3. provide biweekly, within six (6) days of the close of a pay period, electronic files or magnetic media containing pertinent information, including the total gross amount deducted for all employees, the total amount of prescribed costs retained, and the net amount remitted and any other information deemed reasonable from the existing data base of dues paying members;

• • 4. discontinue allotments when required by applicable rules and regulations;
  • 5. notify the employee and the Union when an employee is not eligible for an allotment, along with the reasons for the decision, e.g., a temporary promotion out of the unit;
  • 6. withhold new amounts of dues upon certification from the Union's National President provided that the formula for withholding has not been changed during the past twelve (12) months;
  • 7. transmit remittance checks to the allottee designated by the Union;
  • 8. provide electronic files or magnetic media to the Union or its designee;
  • 9. stamp on a properly executed SF-1188, the date received and transmit it to the Payroll Center so that the revocation will be effected consistent with provisions outlined in Section 5 of this Article; and
  • 10. mail local Union chapters receipted copies of transmittal Form 3210 for all SF-1187s and SF-1188s received in the Payroll Center within three (3) workdays of the receipt date.

Section 5 Action and Effective Dates

• A. The effective dates for actions under this Agreement are as follows:
  • 1. The SF-1187 will be entered into the payroll system as soon as practical but no later than the pay period following receipt of the SF-1187 in the Payroll Center.
  • 2. Changes in the formula for dues withholding will begin the first pay period designated by the Union's National Office (this formula shall be provided to the Employer a minimum of thirty (30) days prior to the effective date of the change).
  • 3. Revocation notices for employees who have had dues allotments in effect for more than one (1) year must be submitted to the payroll office during USDA pay period fifteen (15) each year. Revocations will become effective during USDA pay period eighteen (18). Revocations may only be effected by submission of a completed SF-1188 that has been initialed by the Chapter President or his or her designee. If the SF-1188 is not initialed, the Employer shall return the SF-1188 to the employee and direct the employee to the proper Union official for initialing. A copy will also be sent to the appropriate Chapter President. SF-1188s that are returned by an employee prior to the end of pay period 18 will be effective in pay period 18. To revoke such dues withholding, employees must have had dues withheld for at least one (1) year.
  • 4. Revocation notices for employees who have not had dues allotments in effect for one (1) year must be submitted on or before the one (1) year anniversary date of their dues allotment. Revocations may only be effected by submission of a completed SF-1188 that has been initialed or signed by the Chapter President or his or her designee. If the SF-1188 is not initialed or signed, the Employer shall return the SF-1188 to the employee and direct the employee to the proper Union official for initialing. The SF-1188 will become effective the first full pay period after the employee's anniversary date.
  • 5. Termination due to loss of membership in good standing will be effective on the beginning of the first pay period after the date of receipt of notification by the Employer.
  • 6. For termination due to separation or movement out of the exclusive unit a final deduction will be made for that pay period in which the action is effective.

Section 6 Overpayments to the Union

• A. The Union will pay no fee for these services.
• B. Upon determination by the Employer that dues withholding for an employee was not timely terminated and resulted in an overpayment to the Union, the Employer will effect an adjustment to reimburse the employee. The amount repaid to the employee will be charged to a Union overpayments account.
• C. Each pay period, the Employer will forward a copy of any bill for dues overpayments, with an accompanying document prescribed by the Debt Collection Act of 1982, to the Administrative Controller, National Treasury Employees Union, 1750 H St., NW, Washington, DC 20006. This bill will identify amounts which were reimbursed to employees as a result of dues withholding, and the pay periods in which the overpayments were made to the Union. The bill sent to the Union will request repayment of the overpayments which were made to the Union. The document accompanying the bill will include a statement that debts due to the Government for more than thirty (30) days are subject to interest, to the extent required by law, as well as Treasury Department policy regarding the assessment of other fees if delinquent. The bill sent to the Union will request payments be made payable to "U.S. Department of Agriculture" and will specify that the payment, and a copy of the bill, be mailed to an address designated on the bill for the USDA National Finance Center. The right of the Union to request a waiver of overpayment in accordance with 31 CFR Part 5 or to dispute the amount of the overpayment will also be contained in the accompanying document. A copy of the bill and accompanying document will be

• forwarded to the servicing Payroll Centers concerned for use in determining the start of the period for requesting waivers by the Union.
• D. Upon receipt of the amount due from the Union the accounts receivable for the applicable pay period will be closed. If a waiver or partial waiver of overpayment is timely requested by the Union the Employer will suspend collection of the amount in question pending adjudication by the Service in accordance with 31 CFR Part 5. The personnel office that processed the request for waiver will notify the local NTEU chapter of the determination.
• E. To be considered timely, a request for waiver of overpayment must be submitted to the servicing personnel office by the local Union chapter within forty (40) days from the "waiver control date" for the bill for dues overpayment which is sent to the Administrative Controller, NTEU, from the Employer.
• F. The "waiver control date" will be determined to be forty (40) days following the bill date, which includes ten (10) days associated with the mailing of the bill from the USDA National Finance Center to the Union. The purpose of this date is limited to its express use in the waiver request process. The bill should be received by the tenth day following the bill date.
• G. The bill will be presumed received on this date unless the Union's national office informs the Employer's Associate Director, Payroll Center Operations in writing within three (3) workdays following receipt of the bill by the Union. The Employer will provide written acknowledgment of the revised "waiver control date" to the Union with a copy being sent to the servicing personnel offices.
• H. Denials of Union requests for waiver of overpayment will be subject to the institutional grievance procedure in Article 42 of this Agreement.

Section 7

• A. If an employee moves from one (1) permanent bargaining unit position to another permanent bargaining unit position, dues withholding will not be canceled.
• B.
  • 1. Employees who leave the unit temporarily will have the withholding suspended and will have the withholding automatically continued once they return to the unit.
  • 2. The NTEU National Office shall be provided electronic files or magnetic media, each pay period, of all employees who have changed status that pay period vis-a-vis their bargaining unit position.

Section 8

• A. The total error in the amount of dues withheld shall be adjusted as soon as practical after the error has been detected by the Employer or written notification is received from the Union or employee of an error.
• B. When an underpayment to an employee results in an overpayment to the Union (for example, the Employer fails to timely terminate dues withholding after receiving a properly submitted employee request), the Employer will refund the payment to the employee in accordance with Section 6 of this Article. However, employees who are assigned to positions out of the bargaining unit, and who, due to an error, do not have their dues canceled, will be sent a notice informing them of the error and asking them to indicate whether they would like their dues refunded. Any requested refunds will be made to the employee in a timely manner. Section 6 above will apply to any refunds which result in an overpayment to the Union.
• C. When the Employer fails to commence dues withholding timely or otherwise fails to remit dues owed, the Employer will pay the full amount to the Union and recoup the funds from the employee's salary through an adjustment, subject to the employee's right to seek waiver of overpayment. When the total amount owed by the employee is less than ten ($10) dollars, the entire amount will be withheld in one (1) pay period, to the extent it does not exceed fifteen percent (15%) of disposable pay. When the total amount owed by an employee is more than ten ($10) dollars, the deductions will be made in accordance with the Debt Collection Act.
• D. When an adjustment is made to an employee's salary to recoup dues withholding, the employee will be issued written notification by the servicing Payroll Center of the Employer's intent to offset in accordance with the Debt Collection Act of 1982. This notification will contain information relating to the amount and nature of the debt, additional information required by the Debt Collection Act of 1982 as implemented in 31 CFR Part 5, Subpart B and will notify the employee that:
  • 1. they have the right to request a waiver of overpayment pursuant to 31 CFR Part 5; and
  • 2. denials of employee requests for waiver of overpayment will be subject to the grievance procedure as outlined in Article 41 of this Agreement.
• E. Disputes arising out of dues withholding situations where either the Employer has failed to withhold the appropriate amount of dues from an employee, that is, the employee or Employer owes the Union money; or where the Employer has paid the Union money collected via dues withholding inappropriately, shall be resolved in the following manner:
  • 1. A written statement with information regarding the potential dispute will be provided to the Union.
  • 2. On receipt of the tape the Union will review the information provided, identifying potential problems. The Union will then send information to its local chapters requesting the local chapters

• • to pursue potential problems with the local servicing Payroll Center. Local Union chapter officials must review the information provided them and contact the servicing Payroll Center within thirty (30) days of the date on which the Union received the tape from the Employer (that is, pay day referenced in subsection 8E1 above). The only exception provided for not making contact within thirty (30) days, is provided in subsection 8E1 above, that is, when the Union has informed the Employer of the Union's not having received the tape. Time used to review the information provided by the Union, by local Union officials will be charged against official time as provided by Article 9.
  • 3. Once contact has been made by the local Union chapter official with an employee's servicing Payroll Center regarding a specific problem(s), the employee's servicing Payroll Center shall within ten (10) workdays, unless extended by mutual agreement, review the case(s) presented and decide if a problem does in fact exist, and how it may be corrected, for example pay adjustment. Pay adjustments will be accomplished within a reasonable amount of time, usually within two (2) pay periods. The employee's Payroll Center will provide the local Union chapter with information relating to the subject problem. If the determination results in a pay adjustment, the affected employee(s) will be notified by the servicing Payroll Center in writing of its decision within three (3) workdays. In such cases the employee will have fifteen (15) workdays to request a waiver of overpayment.
  • 4. If the problem is not resolved at the local level in accordance with subsection 8E3 above, then it will be processed in accordance with Article 42.
  • 5. Pay adjustments will be accomplished within a reasonable amount of time, usually within four (4) pay periods.

Section 9

• A. When a bargaining unit employee is permanently placed in a non-bargaining unit position, a "J" code will be provided to NTEU on the biweekly dues transmission for the employee, and the following notice will be mailed to the employee's home address by the Employer within thirty (30) days of the effective date of the personnel action:
  • "Termination of Dues Withholding"
  • Regulations governing dues withholding to a labor organization require that dues withholding be automatically canceled whenever an employee is placed in a non-bargaining unit position.
  • You were recently subject to a reassignment or promotion which will automatically terminate your dues withholding. The final dues withholding will be made for the pay period in which the action is effective.
  • If you have any questions regarding the termination of your dues withholding, you may wish to contact your NTEU Chapter. The Civil Service Reform Act of 1978 permits you to continue your membership.
• B. When a bargaining unit employee is temporarily placed in a non-bargaining unit position, a "L" code will be provided to NTEU on the biweekly dues transmission for the employee, and the following notice will be mailed to the employee's home address by the Employer within thirty (30) days of the effective date of the personnel action:
  • "Suspension of Dues Withholding"
  • Regulations governing dues withholding to a labor organization require that dues withholding be automatically suspended whenever an employee is placed in a non-bargaining unit position. Upon your return to a bargaining unit position, the Employer will automatically reinstate the withholding of Union dues.
• C. When a bargaining unit employee requests and/or submits paperwork for retirement from the Agency, the employee may be supplied with the following, which will be provided to the designated Employer location by NTEU:
  • Letter from NTEU
  • NTEU Retiree Flyer
  • OPM Dues Withholding Authorization Form
  • NTEU Cash Dues Application
  • Other NTEU Information
• At the end of each quarter, the Employer will provide the Union with a count in each distributing location, of the employees to whom these packages are distributed. In addition, the distributing locations will notify NTEU if supplies of the NTEU packages are needed at the distributing locations.

Section 10

• A. Subject to the provisions of subsection 10B, the Employer will deduct Union dues from an employee's back pay award when the employee has an allotment for dues withholding in effect at the time of the action giving rise to the back pay.
• B. Employees who have been terminated from employment and who are subsequently reinstated with back pay, will have their dues withheld from their back pay award only if requested by the employee.

Section 11

• A. The Employer's biweekly electronic or magnetic media transfers will include the following information:
  • 1. whether the employee retired or was separated;

• • 2. whether the employee is continuing to be carried in non-duty status;
  • 3. whether the employee is on a full time, part-time, seasonal, intermittent work schedule and if the employee is serving on a term, temporary, career, career-conditional, or excepted appointment;
  • 4. the geographic locality of each employee that is used to determine the appropriate locality pay; and
  • 5. the base pay of each employee, his or her grade and step, pay structure (for example General Schedule or Wage Grade, etc.), amount of NTEU national dues withheld, local chapter dues withheld, and the total dues withheld.
• B. The Employer will also provide, on a biweekly basis, a tape of bargaining unit employees who were dropped off the bargaining unit list since the previous biweekly tape and an explanation concerning why they were dropped.

Section 12

Employees may elect as many as six (6) additional discretionary allotments, (which are not savings allotments) that employees may use to have additional voluntary deductions withheld from their pay. Such discretionary allotments may be used, consistent with regulations, for various purposes such as insurance, the Union's Political Education Fund, day care facilities jointly sponsored by the Employer and the Union, or other benefits which may be offered by the Union.

Section 13

The Employer shall provide NTEU National Office with a biweekly electronic file or magnetic media of SF-1187s that have been processed by the Payroll Centers. This tape will include the pay period in which SF-1187s were processed and the expected effective date.

Article 11
Facilities and Services

Section 1

• A. Upon reasonable advance request by the Union, the Employer will provide meeting space, as available, for meetings after hours. The Union will comply with all security and housekeeping rules in effect on the Employer's premises at the time and place of such meetings.
• B. Upon reasonable advance request by the Union, the Employer will provide space for the placement of ballot boxes being used in conjunction with chapter officer elections governed by local chapter bylaws. The Union acknowledges that no responsibility for the safety or security of the ballot boxes is assumed by the Employer.

Section 2

• A. The Employer, upon reasonable advance request, will provide the Union a meeting room, when available, for the following purposes:
  • 1. preparing or discussing a grievance;
  • 2. preparing for meetings with the Employer;
  • 3. conducting informal discussions to carry out the goals and objectives of the Federal Service Labor Management Relations Statute, including meetings during breaks or lunch to meet employees and generally discuss collective bargaining and labor relations; or
  • 4. chapter meetings and lunch-and-learns so long as such meetings occur during the non-duty time of employees.
• B. Absent agreement otherwise, the Employer will provide file cabinets to each chapter consistent with past practice. In all other situations, the Employer will provide cabinets as follows:
  • 1. each chapter will be provided two (2) lockable four (4) drawer file cabinets; and
  • 2. in all post-of-duty (POD) with more than 300 employees, the Union will be provided one (1) lockable, four (4) drawer file cabinet.
• C. If available and where there is no additional cost to the Employer, the Union may use the Employer's projection or teleconferencing equipment for presentations in orientation sessions described in Article 8 and for Union-sponsored local training (excluding internal Union business) and meetings with employees. Local training and meetings with employees will be subject to the applicable provisions of Article 9 of this Agreement.

Section 3

The Employer will distribute to each bargaining unit employee, during February of each calendar year, the applicable chapter announcement card referred to in Article 52, Section 3. If the Union develops an electronic announcement card, the Employer will distribute the electronic announcement card subject to the availability of e-mail.

Section 4

• A.
  • 1. Unless prevented by new or existing building leases or changes to office facilities, the Employer will maintain the present number of official bulletin boards and will provide the Union with one-third (1/3) of each official bulletin board for its exclusive use under a heading entitled "NTEU Chapter (Text Field)." In the event there are physical relocations of employees due to the closing of PODs or consolidation of PODs or other physical relocation of office facilities, the number of official bulletin boards at the new facilities shall be in

• • accordance with national agreements entered into by the parties. In acquiring new space the Employer will make reasonable efforts to ensure bulletin board space for Union use is obtained.
  • 2. The Employer will establish a web site for the exclusive use of National NTEU on the Intranet to post materials that could otherwise be posted on traditional bulletin boards. National NTEU will submit materials to the Workforce Relations Division for posting on the Intranet. Union items posted on the Intranet may also be posted on local bulletin boards.
• B. Subject to applicable lease restrictions, the Union may locate one (1) bulletin board per floor occupied by IRS employees. The Union will pay for the boards and cost of installation. The board(s) will be for the exclusive use of the Union, subject to the provisions of subsection 4E below.
• C. Subject to applicable lease restrictions, the Employer will place one (1) "Take One" bin adjacent to IRS cafeterias and snack bars within Employer-occupied space. The bin(s) will be for the exclusive use of the Union.
• D. The Union may distribute material on the Employer's premises in both work and non-work areas to an employee during scheduled working hours, provided that both the employees distributing and the employees receiving such material are on their own time. Non-work areas are: cafeterias or any other commercial enterprises located on the Employer's premises (with approval of lessor or operating agency), space set aside as snack bars or break areas, and restrooms.
• E. Material which does not libel or slander any individuals, Government agencies, or activities of the Federal Government may be distributed or placed in "Take One" bins. Material which does not reflect on the integrity or motives of any individuals, Government agencies or the activities of the Federal Government may be posted on official bulletin boards, NTEU Intranet web sites or Union bulletin boards or placed in employee mail slots. The Union may distribute data on Union services, such as its various insurance programs.
• F. The Union may use established employee mail slots or bins for its distribution, so long as the distribution is not a violation of law.
• G. The Employer will mail to each bargaining unit employee's home address, on a quarterly basis, one (1) piece of first class mail. The Union will provide the correspondence which the Employer will address and meter. Such correspondence will not include internal Union business.
• H. The Union may use the Employer's internal mail system to distribute labor-management material. This shall include the use of postal routers, including metered mail.

Section 5

• A. A copy of this Agreement will be printed and given to each employee in the unit. The Employer will provide all visually impaired employees with a CD-ROM version of the Agreement. Further, upon request, visually impaired employees will be provided with a Braille copy of the Agreement. Employees will be encouraged by the Employer to familiarize themselves with the contents of the Agreement.
• B. The Employer will provide the Union with 250 copies of the Agreement each year of its duration and each chapter with one (1) copy of the Agreement for each ten (10) employees up to a maximum of 200 copies but not less than twenty-five (25) copies. The Employer will provide each local chapter and National NTEU with twenty-five (25) copies of this Agreement on computer disks.

Section 6

The Employer will list the name and office and if requested, home telephone numbers of the local Chapter President as well as all Union office telephone numbers in its telephone directory.

Section 7

• A. Each month the Employer will provide the Union, for its internal use only, an electronic file in a format agreed to by the parties, which will contain the names, grade and step, position titles, Division, group, e-mail address, building address and POD for all employees in the unit. The names of the Division and group will be spelled out rather than listed in code. The list will also identify employees who are on dues withholding status and employees' work status (for example, seasonal, intermittent, permanent). It will also contain the appointment type (Career, Career-Conditional, Temporary, Excepted).
• B. Each month the Payroll Office will provide the Union with an electronic file in a format agreed to by the parties, of employees who have submitted SF-1188s including the date of submission, the effective date of the SF-1187, and the effective date of the SF-1188.
• C. Each pay period, the Employer will provide the Union with an alphabetical list in electronic file, in a format agreed to by the parties including the names, grade and step, position titles, Division, building address and POD of all new employees in the unit and of all employees who have been separated from the unit or whose appointment status has been changed. For changes in appointment status, the list will identify the change (for example, intermittent to seasonal, part-time to full time).

Section 8

The Employer will furnish, via electronic transmission, revisions of all IRM chapters, relating to personnel policies, practices and working conditions, excluding those portions which deal with intra-management communications, labor-management relations, or the Law Enforcement Manual, to National NTEU.

Section 9

• A. A Union representative, certified by the Union's National Office, upon reasonable advance notice, may visit the cafeterias or other non-work areas located on the Employer's premises as defined in subsection 4D above to discuss appropriate Union business with individuals or small groups of employees who are members of the unit.
• B. The Employer will provide national representatives of the Union a meeting room on the Employer's premises when it is necessary to discuss any matter surrounding a potential grievance, disciplinary action, or other appeal action.

Section 10

• A. Each local Union chapter will be provided with enclosed office space that is between 200 and 250 square feet at a minimum in the existing location or some other location mutually agreed to locally. The space is provided for the exclusive use of the Union and will be supplied at a minimum with a desk, desk chair, three (3) regular chairs, a four/five (4/5) drawer lockable cabinet, a telephone, and a minimum of two (2) telephone lines. The Employer will provide the NTEU chapter with a computer and any necessary related equipment, e.g., a printer, to enable NTEU to make full use of the electronic mail system. Additional equipment may be negotiated between the parties at the national level.
• B. Subject to the availability of funds, whenever hardware and/or software upgrades are made by the Employer in a POD, the Employer will also upgrade Government-owned equipment provided to NTEU.
• C. Local Union chapters will keep all equipment previously provided through local negotiations.

Section 11

The Employer will bargain with the Union at the national level to the extent required by law if free parking is not provided to employees where employees previously were provided free parking and free parking is determined to be mission critical. Any bargaining will be conducted consistent with Article 47, Section 5 of this Agreement.

Section 12

The Union will be granted reasonable access to photocopiers, facsimile machines, public address systems, and electronic read boards (excluding SYMON) where available.

Section 13

If released on official or bank time or during non-duty hours, NTEU stewards may use individually issued personal computers for authorized Labor Relations activities and for accessing electronic research tools where available (e.g., Westlaw and Lexis) and the NTEU Bulletin Board. Subject to the applicable provisions of Article 9 of this Agreement, each local chapter may also use the Government-owned computer provided to the chapter by the Employer to access the same research tools where available.

Section 14

• A.
  • 1. Each Union chapter shall be provided with a minimum of one (1) VMS and one (1) e-mail address. Stewards without e-mail, who are current IRS employees and already have access to a computer as part of their assigned IRS duties, may request an e-mail address for the purpose of conducting representational activities. VMS mailboxes previously assigned will be retained by the chapters.
  • 2. Upon request, Chapter Presidents, who are IRS employees, will be provided a Blackberry or similar device with e-mail and cell telephone capabilities.
• B. The Employer will provide Chapter Presidents access to its electronic mail system for representational purposes, including conducting surveys of bargaining unit employees for representational purposes, pursuant to 5 U.S.C. Section 7101 et seq.
• C. The Union recognizes that the electronic mail and computer systems are the property of the Employer; and therefore, all authorized NTEU users will comply with the system usage rules which the Employer establishes. Failure to comply with system usage rules may result in suspension or removal of access by the Chapter President or steward to computer systems. Any authorized NTEU user violating system rules may also be subject to discipline. Prior to suspending or revoking access, the Employer will attempt to resolve the issue with the appropriate Chapter President, or National NTEU if the issue involves a Chapter President, after serving a notice of proposed suspension or removal. Such decisions will be subject to the grievance procedures. Moreover, any authorized NTEU user will comply with the provisions of subsection 4E when communicating with employees who are not representatives.

Section 15

• A. Where the Employer provides formal notice to the Union of a change to employee workspace, the following information will be provided to NTEU:
  • 1. a copy of floor plans before they are submitted to GSA;

• • 2. a copy of floor plans approved by GSA;
  • 3. a copy of building leases;
  • 4. a copy of all action plans the Employer uses in the process of modifying or occupying space;
  • 5. a copy of build out requests before they are submitted to GSA; and
  • 6. the anticipated start and completion dates of the project.
• B. The parties recognize that building specifications, build out specifications, floor plans, and action plans used in the process of modifying or occupying such space are proper subjects to be negotiated between the parties prior to implementation.

Section 16

Each Union steward will have access to the nearest telephone. If the steward does not have access to a private telephone, the Employer will respect the steward's privacy. Union representatives who have access to Government telephones (including FTS or Government-leased lines, where available), VMS, e-mail, or Government-owned computers, for performing his or her regular duties, may utilize those devices for labor-management matters in accordance with the applicable provisions of Article 9 of this Agreement.

Section 17

The Employer will provide the Chapter President of each Center Campus with a reserved parking space.

Section 18

For all employee issuances originated by an Executive in the National Headquarters or the Headquarters of any Business Division/Function which pertain to personnel policies, practices and matters affecting working conditions, the Executive is encouraged to provide a copy of the issuance to National NTEU at least twenty-four (24) hours in advance of issuance, but no later than simultaneous with issuance to bargaining unit employees.

Section 19

The Employer will maintain an icon on the Intranet that links to the National NTEU web site.

Section 20

Upon a request from the NTEU National President, and subject to IVT network availability, the Employer will provide NTEU with quarterly access to the Employer's IVT network.

Section 21 Campus E-Mail, Intranet and Internet Access

• A. The Employer will establish and maintain at Campuses a sufficient number of business centers to permit system access as needed. Each business center will be equipped with six (6) computers, one (1) network printer, a scanner and a FAX machine. Through business centers and kiosks, employees will have, at a minimum, access to e-mail, the Intranet and the Internet. In addition, employees will also have access to any other web-based applications authorized by their 5081 profile. Existing kiosks will be maintained by the Employer.
• B. Employees will be required to access the kiosks and business centers during non-duty hours such as lunch breaks and time before and after work. No administrative time will be approved to access e-mail and the Intranet through the kiosks and business centers unless authorized by other provisions of this Agreement. For example, directly impacted employees, as defined in Article 19, may request administrative time to utilize the kiosks and business centers under the provisions of Article 19.
• C. Upon request, the Employer will brief National NTEU on the implementation of the business centers. Upon request, usage figures for both the kiosks and the business centers will be provided to National NTEU.

Section 22 Restrooms

The Employer will ensure that space occupied by IRS employees is in compliance with all governing building codes at the time of occupancy. In addition, the Employer will not impose unreasonable restrictions on use of restroom facilities by employees.