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Article 42
Institutional Grievance Procedure

Section 1 Purpose

The purpose of this Article is to establish an orderly and uniform procedure for the processing and disposition of institutional grievances stemming from application of this Agreement.

Section 2 Definitions and General Provisions for Local/National Institutional Grievances

• A. "Institutional grievance" means any complaint by the Union concerning the effect or interpretation, or a claim of breach of the provisions of this Agreement relating to the rights and benefits that accrue to the Union as the exclusive representative of bargaining unit employees. Grievances on behalf of employees, or that relate to the employment of employees, or that concern any claimed violation, misinterpretation, or misapplication of any law, rule or regulation affecting

• conditions of employment of employees are not institutional grievances within the meaning of this procedure unless the provisions of subsection 4A2 apply.
• B. Grievances must be in writing, signed by the National President or appropriate Chapter President or designee, and filed with the Employer within fifteen (15) workdays of the incident that gives rise to the grievance, or within fifteen (15) workdays from the time the Union learned, or should have learned, of the matter out of which the grievance arose. However, where the grievance is for failure to invite the Union to a formal meeting, as provided for in 5 U.S.C. §7114 or for alleged violations of 5 U.S.C.§§7116(a)(2),(3),(5),(6), and/or (7), the time limits for filing grievances shall be 180 days.
• C. A grievance must provide information concerning the nature of the grievance, the articles and sections of this Agreement that are alleged to have been violated, the remedy sought and present sufficient information to explain the allegations. If a grievance is filed consistent with Section 3 of this Article and alleges a violation of law or regulation, the law or regulation will be identified to the extent possible (e.g., the "Privacy Act" in lieu of the specific citation). If the grievance is filed consistent with Section 4 of this Article and alleges a violation of law or regulation, the law or regulation will be specifically identified.
• D. The time limits specified for each step of this procedure shall be computed from the day after the receipt of a grievance or an appeal by the Employer and from the day after the receipt of a response by the Union.
• E. Time limits may be extended and the grievance meeting may be waived, by written agreement of the Employer and the Union.
• F. Meetings between the Employer and the Union to process local grievances under this procedure, if not scheduled during the Union's representative's tour of duty, shall be scheduled as close to the Union's representative's tour of duty as possible, and at the office of the appropriate Employer representative, unless otherwise agreed.
• G. Whenever a local or national institutional grievance is processed where, for any reason, no meeting is held, the Employer will issue its response within twenty (20) workdays of the submission of the grievance for local grievances and within thirty (30) workdays of the submission of the grievance for national grievances.
• H. Failure by the Union to comply with the provisions of this procedure will have the effect of nullifying the grievance for lack of prosecution. Failure by the Employer to comply with the provisions of this procedure will have the effect of raising the grievance to arbitration.

Section 3 Uniform Local Institutional Grievance Procedure

• A. The grievance must be filed with the first-level executive of the Division or Campus in which the grievance arose. The Executive may then decide that the issues(s) could be more appropriately addressed by a different representative of the Employer. Any grievance that involves more than one (1) Division in a particular SCR area must be filed with the SCR with jurisdiction over the area within which the grievance arose. If the grievance involves more than one Division or Center in more than one SCR area, it shall be treated as a national grievance under Section 4.
• B. Within ten (10) workdays of the filing of the grievance, the Employer will meet with the Chapter President or designee to discuss the grievance. The management official conducting a local institutional grievance meeting pursuant to this Article may elect to hold the meeting by telephone or other electronic means. If the Employer decides to hold a local institutional grievance meeting face-to-face, the Employer will pay the reasonable travel and per diem expenses for one (1) Union steward to attend the meeting consistent with Article 9, subsection 9B3 of this Agreement.
• C. Within twenty (20) workdays of the meeting, the Employer will issue a written response to the Chapter President. If no meeting is held, a response is due consistent with subsection 2G above.

Section 4 National Union Institutional Grievance Procedure

• A. The Union's National President may file grievances as provided in this section. For purposes of this section only, the term "grievance" means:
  • 1. an institutional grievance as defined in subsection 2A of this Article; or
  • 2. a grievance concerning an issue of rights afforded to employees under this Agreement which otherwise would be recognized as separate grievances from two (2) or more chapters over the same issue(s).
• B. Such grievances must be in writing and filed with the Human Capital Officer within fifteen (15) workdays of the date the Union became aware, or should have become aware, of the issue grieved. Upon presentation of a proper and timely grievance under this section, any grievance(s) on the same issue shall be held in abeyance. Attendance at meetings provided herein shall be limited to the parties' representatives.
• C. Within twenty (20) workdays of the filing of the grievance, a meeting will be held between representatives of the parties. The meeting will be face-to-face unless the parties mutually agree to hold the meeting by telephone or other electronic means.

• D. Within twenty (20) workdays of the meeting, the Employer will issue a written decision on the grievance. If no meeting is held, a response is due consistent with subsection 2G above.
• E. Two (2) stewards may attend the meeting with the Employer under subsection 4C above subject to the following:
  • 1. The stewards will be on official time and travel and per diem will be authorized consistent with subsection 4E2 below for the stewards to attend the meeting.
  • 2. Where the facts upon which the national grievance are based are not contested by the Employer, reasonable travel and per diem is authorized for only one (1) steward to attend the meeting. Where the facts are in dispute, reasonable travel and per diem is authorized for two (2) stewards to attend the meeting.
• F. If the parties schedule an arbitrator, the Employer may request a review/resolution meeting. If requested, the national parties will meet within ten (10) workdays of the request to ensure that all of the violations alleged in the grievance have been adequately identified and to seek resolution of the matter prior to the arbitration hearing. This meeting will not delay the arbitration hearing unless mutually agreed by the parties.

Section 5 Union Invoked Arbitration

• A. If the matter is not resolved following the meeting and/or written response in Section 3 or Section 4 above, the Union may invoke arbitration, including expedited or streamlined arbitration.
• B. The Union must notify the IRS of any appeal to arbitration filed by the Union. Such notice must be sent to an e-mail address established by the Employer. The e-mail address will be provided to the Union at the national level when initially established and whenever changed in future. The Union must invoke arbitration within thirty (30) days of the date it receives the final decision issued by the Employer. If a final decision was not timely rendered, the Union may invoke arbitration at any time after the date on which the decision was due and up until thirty (30) days after the decision is eventually provided.
• C. Arbitration of grievances filed under this Article shall be conducted in accordance with the applicable provisions of Article 43 of this Agreement.
• D. Where the National President of the Union chooses to file a grievance, and that grievance involves an allegation of an unfair labor practice or a prohibited personnel action, the Union may invoke arbitration at the time it files the grievance and have the case assigned to an arbitrator. Absent mutual agreement, neither party may contact an arbitrator before the time the grievance response is given or otherwise due, whichever is earlier. After that time, either party may contact the arbitrator. The party making the contact will notify the other via e-mail prior to unilaterally contacting the arbitrator and the parties will attempt to schedule the hearing once either is offered dates by the arbitrator. If they cannot reach agreement within five (5) days after the first contact with the arbitrator, the arbitrator will impose a date unilaterally if either requests. The arbitrator shall impose a date no sooner than forty-five (45) days from the date the grievance response was given or due nor later than seventy-five (75) days from that date, unless the arbitrator believes that despite the parties' agreement to expedite decisions on these matters, management needs more time to fairly present its case.

Section 6 Grievability, Arbitrability and New Issues

Except for questions of grievability or arbitrability, new issues not raised by either the Employer or the Union during the grievance procedure may not be raised at arbitration except by written agreement of the parties. Procedural arbitrability issues, such as timeliness and failure to adequately state a claim, must be raised by the Employer no later than the last grievance response. However, if the issue is whether the matter is substantively arbitrable, that matter may be raised at any time by the Employer and the grievance will be amended to include the issue.

Section 7 Record, Evidence and Witnesses

• A. The parties will have the obligation of making a complete record during the grievance procedure, including the obligation to produce witnesses who have information relevant to the matter at issue.
• B. The Parties acknowledge their obligation to produce witnesses who have information relevant to the matter at issue. Evidence and witnesses that are relevant to the resolution of a grievance may be introduced during the grievance or arbitration process. The Union's request for the appearance of witnesses, who are bargaining unit employees of the IRS, will normally be approved. The Employer and its agents or representatives will not interfere with, intimidate, or retaliate against any employee who appears as a witness at a grievance or arbitration hearing.

Section 8 Precedence of Decisions in Union Grievances

Grievances resolved by conventional arbitration will be precedential throughout the unit unless otherwise agreed to in writing by the Employer and the Union at the national level.

Article 43
Arbitration

Section 1

• A. Matters not settled in the grievance procedure, or that may otherwise be appealed to arbitration, will be arbitrated pursuant to the terms of this Article.
• B. There are three (3) arbitration procedures:
  • 1. conventional arbitration--used when a matter is not identified as one which is to be arbitrated by means of expedited or streamlined procedures;
  • 2. expedited arbitration--used for the following matters provided that the grievance does not allege discrimination based on race, color, sex, national origin, religion, age, or physical or mental handicap, and provided that the dispute does not involve questions of bargaining history:
    • (a) suspensions of fourteen (14) days or less;
    • (b) written reprimands;
    • (c) oral admonishments confirmed in writing;
    • (d) dues withholding;
    • (e) improper maintenance of personnel records;
    • (f) reassignments/realignments in violation of Article 15 of this Agreement;
    • (g) bulletin board postings or electronic communications;
    • (h) literature distribution;
    • (i) performance appraisals, including challenges to the accuracy of the information contained in the underlying performance databases;
    • (j) ranking panel/official evaluations;
    • (k) release/recall appraisals.
  • 3. Streamlined arbitration is used for the following matters, provided the matter does not involve questions of bargaining history.
    • (a) absence and leave (including AWOL);
    • (b) disputes over the approval of official/bank time under Article 9;
    • (c) hours of work (including AWS, credit hours, religious compensatory time and distribution of overtime);
    • (d) outside employment requests;
    • (e) denial of a request for a pseudonym;
    • (f) issuance of a leave restriction letter; and
    • (g) any other matters which the parties mutually agree upon.

Section 2

• A. The arbitration procedures shall be supported by an appropriate number of geographic panels and a National Panel of arbitrators as determined by the parties at the national level. Arbitrators' names will be placed alphabetically on each list.
• B.
  • 1. Each party may strike up to one (1) arbitrator from the National Panel every two (2) years during the term of this Agreement by giving notice to the other party.
  • 2. Each party may strike up to one (1) arbitrator from each geographic panel during each calendar year by giving notice to the other party.
  • 3. Upon receipt of notice by the other party regarding an arbitrator struck from the national or geographic panel, no further cases will be assigned to that arbitrator, but the arbitrator will hear and decide any cases already assigned. The arbitrator will be notified only after all cases already assigned to him or her have been decided or otherwise resolved.
• C. In replacing arbitrators or otherwise filling vacancies, the parties will request three (3) names, within the region, from the Federal Mediation and Conciliation Service (FMCS) for each vacancy. Each party may add two (2) names to the list for each vacancy. This will be done through the FMCS so that the names each party submits are not known to the other party. The parties will then alternately strike names from each list until the requisite number of names remains to fill the vacancies. The parties will alternate who makes the first strike for each geographic panel vacancy. In the absence of agreement between the representatives of the parties, the Union will strike first when filling a vacancy after the implementation date of this Agreement and the Employer will strike first when the next vacancy is filled, and so forth.
• D. Cases will be assigned to arbitrators on each panel by invocation date. Case assignments will be made by telephone contact between the designated case assignment representatives of the parties. Hearing dates will then be scheduled by telephone contact between the designated hearing representatives of the parties.
• E. The parties will meet within thirty (30) days following the effective date of the Agreement to create the arbitrator panels, including the National Panel and panels such as the stay panel and the Article 15 panel. During the meeting, the parties may also decide to create other arbitrator panels, as needed, and as specified in the Agreement.

Section 3

• A. Arbitration will be invoked within thirty (30) days of receipt by the Union of the final decision rendered by the Employer consistent with subsection 3B below.
• B. The Union must notify the IRS of any appeal to arbitration filed by the Union. Such notice must be sent to an e-mail address established by the Employer. The e-mail address will be provided to the Union at the national level when initially established and whenever

• changed in future. The Union must invoke arbitration within thirty (30) days of the date it receives the final decision issued by the Employer. If a final decision was not timely rendered, the Union may invoke arbitration at any time after the date on which the decision was due and up until thirty (30) days after the decision is eventually provided.

Section 4

• A. The following procedures apply to all arbitrations
  • 1. The parties will each pay one-half (1/2) of the regular fees and expenses including travel expenses of the arbitrator hearing a case unless the grievant substantially prevails as determined by the arbitrator. In such cases, the Employer shall pay seventy-five percent (75%) of the regular fees and expenses including travel expenses of the arbitrator hearing the case. However, for cases heard by the National Panel, the parties will equally share all expenses incurred by the arbitrator.
  • 2. Arbitration hearings will be held on the Employer's premises at the appellant's or grievant's post-of-duty (POD) when practicable or at any site agreed to by the parties.
  • 3. Consistent with the right to assign work, the grievant, the grievant's representative and all bargaining unit employees who are called as witnesses will be excused from duty to participate in the arbitration proceedings without loss of pay or charge to annual leave. However, in the event the grievance was processed through the grievance procedure in accordance with Article 41, Section 5, the number of grievants who will be excused from duty to participate in the arbitration proceedings will be the same as the number in Article 41, subsection 5A.
  • 4. It shall be the sole discretion of the arbitrator to determine who may testify.
  • 5. Except in emergency situations, the arbitrator will not have the authority to keep the record open in order to hear testimony of additional witnesses. Each party has the responsibility and obligation to produce its witnesses on the day of the hearing. For purposes of this Article, emergency has the same definition it has in 5 U.S.C. §7106.
  • 6. The arbitrator shall have the authority to make all arbitrability and/or grievability determinations. The arbitrator shall make grievability and/or arbitrability determinations prior to addressing the merits of the original grievance.
  • 7. Procedural arbitrability issues, such as timeliness and failure to adequately state a claim, must be raised by the Employer no later than the last grievance response. However, if the issue is whether the matter is substantively arbitrable, that matter may be raised at any time by the Employer and the grievance will be amended to include the issue.
  • 8. The arbitrator's decision shall be final, binding and, except for expedited or streamlined awards, precedential, and the arbitrator shall possess the authority to make an aggrieved employee whole to the extent such remedy is not limited by law, including the authority to award back pay and interest in accordance with 5 CFR Part 550, Subpart H (Back Pay), reinstatement, retroactive promotion where appropriate, and to issue an order to expunge the record of all references to a disciplinary, adverse, or unacceptable performance action, if appropriate. For the purposes of this Agreement, "precedential" means an interpretation of this Agreement that is binding on the bargaining unit to the extent not contrary to law and the interpretation may be given due weight by an arbitrator hearing subsequent related matters.
  • 9. Consistent with Article 2 of this Agreement, arbitrators must follow laws, binding Government-wide regulations, and applicable precedents.
  • 10. The arbitrator will set the date of the hearing with the concurrence of the representatives of the parties. Once that date has been established, a party may unilaterally request that the arbitrator postpone, delay or reschedule the hearing. If the arbitrator elects to do so, the requesting party shall pay any and all fees.
  • 11.
    • (a) With the exception of Article 42, subsection 5D, if after thirty (30) days of invocation, the parties are unable to agree to a hearing date, either party may contact the arbitrator who is required to select the hearing date. That date will be no sooner than forty-five (45) days and not later than seventy-five (75) days from the date the arbitrator is contacted. If the arbitrator cannot provide such a date, either party will have the option of reassigning the case to the next arbitrator in the rotation.
    • (b) Cases for which the Union fails to contact both the assigned arbitrator and the designated hearing representative of the Employer within six (6) months of the invocation date to schedule a hearing will be considered withdrawn. The six (6) month time frame may only be extended by mutual agreement of the national parties.
  • 12. In any grievance where the parties mutually agree to postpone, delay, and/or cancel an arbitration proceeding, they will equally share the cost of any fees being charged by the arbitrator and/or court reporter. The fact that one party has no objection

• • to the request of the other party for postponement, delay, or cancellation of the arbitration hearing will not absolve the requesting party from the paying of all the fees being charged.
  • 13. In any grievance where the parties settle the matter prior to an arbitration hearing and there are fees being charged due to the cancellation of the hearing, both parties will equally share the cost of any fees being charged unless the parties agree otherwise.
  • 14. The strict rules of evidence are not applicable, and the hearing shall be informal.
  • 15. The parties have the right to present and cross examine witnesses and issue opening and closing statements.
  • 16. The arbitrator may exclude testimony or evidence which is determined to be irrelevant or unduly repetitious.
  • 17. Testimony shall be under oath or affirmation.
  • 18. The arbitrator will have no authority to add to, subtract from, alter, amend, or modify any provision of this Agreement, or impose on either the Employer or the Union any limitation or obligation not specifically provided for under the terms of this Agreement. The parties reserve the right to take exceptions to any award to the Federal Labor Relations Authority. Awards may not include the assessment of expenses against either party other than as specified to in this Agreement.
  • 19. The arbitrator may draw an appropriate inference when either party fails to present facts or witnesses that the arbitrator deems necessary and relevant. If information was requested under the Contract or Statute as part of the grievance, but the information was not provided, the failure to provide the requested information will be joined as an issue in the arbitration case. The Union may ask the arbitrator to address the issue before the hearing or as part of the arbitration decision, unless the Union has previously filed a ULP over the failure to provide the information. However, nothing in this Article entitles either party to discovery, unless such discovery is authorized by law (excluding FOIA requests).
  • 20. The Employer will make employees available as witnesses when requested by the Union. If the Employer determines it is not administratively practicable to comply with the Union's request, and the arbitrator determines the employee's testimony is relevant, then the hearing may be postponed. However, the Union may agree to submit an affidavit in place of the direct testimony of the employee.
  • 21. Bargaining history may not be used in an arbitration hearing unless the party proposing to use it has notified the other in writing at least thirty (30) days prior to the hearing. If a party gives notice of intent to use bargaining history, the other party may use it without providing notice. The parties should attempt to stipulate the bargaining history of each side and bargaining history testimony may be provided via the telephone.
  • 22. Upon the request of either party, the parties' representatives shall meet face-to-face or by telephone no later than five (5) workdays before the date of the arbitration hearing to clarify the issues involved in case, to discuss their proposed witnesses and the potential testimony and to discuss any exhibits they intend to introduce during the hearing. If either party intends to introduce an expert witness report during the hearing, such report must be provided to the opposing party no later than fifteen (15) days in advance of the hearing.
  • 23. Grievances over the same issue, heard by the same Executive and involving the same issues which are pending when grievances are assigned to arbitrators, shall be assigned to the same arbitrator.
• B. The following procedures apply to conventional arbitration cases only:
  • 1. Transcripts will be used in conventional arbitration cases unless the parties mutually agree otherwise. The transcript will be made by an authorized court reporter. The arbitrator and each of the parties will be provided with a copy. All costs of the transcript will be paid by the Employer.
  • 2. Post hearing briefs may be submitted.
• C. The following procedures apply to expedited arbitration only:
  • 1. expedited cases will be heard by the same arbitrators who hear conventional cases;
  • 2. arbitrators are encouraged to try to mediate a settlement providing it does not delay closure of the case; decisions on cases shall be issued within thirty (30) days of the close of the hearing; the decisions shall not exceed four (4) pages;
  • 3. there will be no transcript;
  • 4. neither party may file written post hearing briefs;
  • 5. either party has the right to submit actual copies of applicable case law, for example, copies of Employer-Union arbitration decisions, and relevant court decisions, up to the close of the hearing; and
  • 6. bargaining history testimony may not be introduced except by agreement of the parties.

• D. The following procedures apply to streamlined arbitration only:
  • 1. hearings will be conducted by telephone, unless the parties agree otherwise, and will include mediation/arbitration techniques. The arbitrator will issue bench decisions, to be confirmed in writing with a summary which generally should be no more than two (2) pages in length;
  • 2. where the facts are not in dispute, the parties may mutually agree to submit written briefs in lieu of a hearing;
  • 3. there will be no transcript;
  • 4. neither party may file written post hearing briefs;
  • 5. either party has the right to submit actual copies of applicable case law, for example, copies of Employer-Union arbitration decisions, and relevant court decisions, up to the close of the hearing; and
  • 6. bargaining history testimony may not be introduced except by agreement of the parties.

Section 5

• A. The arbitrator shall hold the hearing notwithstanding that one party refuses to attend the arbitration. The first issue to be addressed shall be the question of whether the case is properly before the arbitrator. If the case is proper, the grievance will be heard on the merits. Copies of any transcripts, briefs, and decisions will be served on the other party. The party going forward will notify the other party of its intent, listing the date and location of the hearing.
• B. Any written decision by the arbitrator will be provided to the designated representatives of the parties in both paper and electronic forms.

Section 6

In any case where an arbitrator modifies an award pursuant to a request for reconsideration made by the Office of Personnel Management (OPM), the parties will share equally the additional fees of such reconsideration. In cases where OPM does not finally prevail, the Employer will assume full responsibility for the additional fees of the arbitrator.

Section 7

In cases where an arbitration decision has been modified or rejected by a reviewing body solely because the remedy was ruled illegal, the case will be remanded to the arbitrator by the parties to fashion a new remedy if appropriate.

Article 44
Attorneys Fees

Section 1

Reasonable attorney fees will be provided to employees (the Union) who suffer unwarranted and unjust personnel actions which result in the withdrawal or reduction of all or part of the employee's pay, allowances, or differentials; if the employee (the Union) is the prevailing party and the arbitrator determines that payment of attorney fees is warranted in the interest of justice, including any case in which a prohibited personnel practice was engaged in by the Employer or any case in which the Employer's action was clearly without merit, and is otherwise consistent with applicable law.

Section 2

Upon issuance of an award, the arbitrator shall retain jurisdiction to determine the entitlement to attorney fees, if any. The Union may request attorney fees within twenty (20) days of the date the award is final and all appeals have been exhausted. Such a request shall be accompanied by documentation, legal argument and citation sufficient to enable the arbitrator to decide. The Union's request shall be simultaneously served on the Employer. Within twenty (20) days of receipt of the Union's request, the Employer shall submit its response. Such response shall be accompanied by sufficient documentation, legal argument and citation. The Employer's response shall be simultaneously served on the Union. The arbitrator shall decide whether to accept further rebuttal briefs.

Section 3

The arbitrator's award, which shall be final and binding, shall be issued within thirty (30) days of receipt of the Employer's response. The award shall contain a detailed explanation of why fees were granted as well as the hours and rates allowed. All charges of the arbitrator will be shared equally by the parties.

Article 45
Diversity and Equal Employment Opportunity Advisory Committees

Section 1 Composition and Operation of DEEO Advisory Committees

• A. The Employer and the Union reaffirm their commitment to the principles of diversity and equal employment opportunity and will promote and support a positive program which has as its objective the realization of the commitment. To that end, the parties hereby seek to reemphasize the critical role of managers, employees and the Union at the national and local levels.

• B.
  • 1. The Employer will maintain Diversity and Equal Employment Opportunity (DEEO) Advisory Committees consistent with Exhibits 46-1 and 46-2 of this Agreement. The committees may meet up to four (4) times per year. At least two (2) meetings of each local DEEO Advisory Committees per calendar year will be face-to-face. The Employer will pay the reasonable 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 a committee meeting.
  • 2. The Employer will also maintain DEEO Advisory Committees in the four (4) Operating Divisions and the Modernization and Information Technology Services (MITS) Division. Other DEEO Advisory Committees, at the Division level as defined in Article 1, subsection 3A may be established by mutual agreement of the parties. At least two (2) meetings of each DEEO Advisory Committee established consistent with this subsection per calendar year will be face-to-face. The Employer will pay the reasonable travel and per diem expenses for committee members who are authorized to attend.
• C. The composition of each DEEO Advisory Committee will be determined jointly by the Employer and the Union, with the exception of the committees established consistent with subsection 1B1 above. Absent agreement otherwise, the composition and ground rules should conform to past practice. Where the composition is revised, one half (1/2) of the committee will be members selected by the Union, and one half (1/2) will be selected by the Employer. The Union will be allowed at least one (1) representative from each chapter having representational jurisdiction in the geographic area covered by the advisory committee (absent mutual agreement otherwise).
• D. If the Employer decides to establish other permanent DEEO Advisory Committees, and such committees are to include bargaining unit employees, the Union shall have the right to appoint one-half (1/2) the membership of the committee(s). Notwithstanding the above, the Employer will continue to designate individual employees or groups of employees to perform functions such as the planning and conduct of Federal Women's Program, Black Heritage, and Native American observances. Consistent with workload needs, the Employer will approve a reasonable amount of official time for the committee to conduct its business. The Employer will also pay the reasonable travel and per diem expenses for committee meetings under this subsection consistent with subsection 1B2 above.
• E. The tenure of office of members of the committee will be two (2) years. Such two (2) year terms will be calculated from the date of each member's appointment and shall not be affected by the renegotiation of the Agreement. Members may be reappointed to serve additional terms.
• F. During the first year of the committee's life, the Union will select the chairperson from among its members, and the Employer will select the vice-chairperson. During the second year of the committee's life, the Union will select the vice-chairperson and the Employer will select the chairperson. The parties will rotate the selection of chairperson and vice-chairperson in subsequent years.
• G. DEEO Advisory Committees established under this section are to be only advisory and consultative in nature. Specifically, they exist to serve the EEO and diversity interests of both the Employer and the workforce by functioning as a continuing link of communication on matters of an EEO nature.
• H. Operations and functions of DEEO Advisory Committees typically should consist of:
  • 1. identifying and bringing to the attention of local management any trends, problems, issues, or circumstances of an EEO nature;
  • 2. focusing the attention of the Employer on specific personnel management practices or problems of a EEO nature which are producing or could produce dissension and dissatisfaction among employees (for example, merit promotion procedures, selection for training, distribution of awards, disciplinary, adverse, and unacceptable performance actions);
  • 3. advising the Employer of those actions of a diversity or EEO nature that need to be explored or undertaken to prevent, alleviate, or terminate any practices that tend to foster or promote dissatisfaction among the work force;
  • 4. promoting and communicating the efforts of the Employer to achieve and operate a realistic, ongoing DEEO program;
  • 5. acting as a forum for an exchange of ideas and action proposals on sensitive issues, matters, or concerns of a diversity or EEO nature;
  • 6. assisting the Employer by encouraging the support and cooperation of the total work force in the promotion of the overall diversity and EEO program;
  • 7. receiving any Affirmative Action, Affirmative Employment or similar report that needs to be filed with any higher level authorities for which the committee will normally be given thirty (30) days to review and discuss before the report is filed. NTEU reserves the right to negotiate over any changes in employment conditions resulting from these reports;
  • 8. providing feedback to the EEO officers and officials who are responsible for working with the committee or the employees over which the committee has jurisdiction; and

• • 9. addressing other matters related to local diversity and EEO issues, as the committee sees fit.
• I. DEEO Advisory Committees shall not:
  • 1. be used as media or means to express, present, or press employee demands upon the Employer;
  • 2. be used as channels for receiving, reviewing, or considering individual EEO complaints;
  • 3. engage in the conduct of investigations or the processing of formal or informal EEO complaints; or
  • 4. engage in or otherwise assume the role reserved to exclusively recognized labor organizations nor serve as forums for discussion of employee organization or labor union matters.
• J. Members of DEEO Advisory Committees shall not engage in the conduct of investigations or the processing of formal or informal EEO complaints.
• K. Consistent with Article 47, Section 6, if the Committee is unable to reach agreement, or its recommendations are rejected or not acted upon, the Union may initiate negotiations over the issue(s) to the extent they are otherwise negotiable.
• L. Where the DEEOA Advisory Committee, described in subsection 1B1 above, has been combined by local agreement with the local Labor Management Relations Committee (LMRC), the LMRC will assume the advisory responsibilities as prescribed in subsections 1H and 1I above.

Section 2 EEO Counselors

• A. EEO Counselors will be available to all employees within their location.
• B. The Employer will post the contact information and locations of EEO Servicing Offices on all official bulletin boards.

Section 3 Support

• A. The Employer will furnish each chapter with twenty (20) copies of the Employer's discrimination complaints procedure.
• B. The Employer will provide the DEEO Advisory Committee and National NTEU with copies of all EEO progress and accomplishment reports that are sent to external stakeholders (e.g., Department of Treasury). The Employer will also provide the DEEO Advisory Committee and National NTEU with a copy of the MD-715, Self-Assessment Checklist, during the first quarter of each calendar year. National NTEU will have the option of submitting the completed check list to the Employer for consideration.
• C. The Employer will regularly provide the DEEO Advisory Committee and the local chapter with Uniform Guidelines statistics submitted to the Employer's national EEO function.
• D. Consistent with the Privacy Act, the Employer will annually provide the NTEU National President and the DEEO Advisory Committees with statistics showing the following data concerning IRS employees at the next higher organizational level above the first level supervisor: race, gender, national origin, age, grade, step, last promotion date, position title and Division.

Article 46
Labor-Management Relations Committees

Section 1

• A. The parties recognize that the entrance into formal agreement with each other is but one act of joint participation and that the success of a labor-management relationship is further assured if a forum is available and used to communicate with each other. The parties, therefore, agree to the structure of Labor-Management Relations Committees (LMRC) for the purpose of:
  • 1. building strong relationships nationally and locally between the key leaders of each party;
  • 2. exchanging information;
  • 3. receiving pre-decisional input and the discussion of matters of concern or interest in the broad areas of personnel policies, practices and working conditions that may have national, cross-functional or local impact on employees; and
  • 4. attempting to resolve problems informally in an effort to avoid protracted and costly negotiations or grievance proceedings.

Section 2 National LMRC

• A. A National LMRC will meet quarterly and at other times as agreed, to focus on Service-wide issues. The meeting will be co-chaired by officials appointed by the Union (e.g., the NTEU National Executive Vice-President) and the Employer (e.g., the IRS Human Capital Officer). The National LMRC will address matters within the scope outlined in Section 1 above that generally impact employees in more than one SCR area.
• B. Seven (7) stewards shall receive official time to participate in meetings of the National LMRC. There will be no limit on the number of Union staff personnel that may attend. Agenda items will be exchanged thirty (30) days in advance of the date mutually agreed upon by the parties for the meeting.

• C. At least two (2) meetings of the National LMRC per calendar year will be face-to-face. The Employer will pay the reasonable travel and per diem expenses for stewards who are authorized to attend a National LMRC meeting consistent with subsection 2B above.

Section 3 Local LMRC

• A. The parties agree to establish local LMRC Committees as outlined in Exhibit 46-1. In addition, an LMRC will be established at each Campus as defined in Article 1, subsection 3D1 of this Agreement and as outlined in Exhibit 46-2. Union representatives will be drawn from chapters within the SCR or Campus geographic areas as established in Exhibits 46-1 and 46-2.
• B. The Union will be able to appoint up to four (4) representatives from the chapters in the area covered by each LMRC as established in Exhibits 46-1 and 46-2. The size of the committee will be expanded to accommodate one participant from each chapter if needed.
• C. At a mutually agreed location, there will be up to four (4) meetings per year for the local LMRC if an appropriate (falls within the jurisdiction of the local LMRC as defined herein) agenda is submitted. Agenda items must be related to the scope of the LMRC as described in Section 1 above. The Employer will arrange for the attendance of the management official(s) necessary to address and resolve agenda items submitted by the Union and/or the Employer. Meetings will be co-chaired by an official appointed by the Union and an official appointed by the Employer.
• D. The parties shall exchange agenda items fifteen (15) workdays before the mutually agreed upon date for each local LMRC meeting.
  • 1. Agenda items must concern issues within the scope of Section 1. Local LMRCs are to focus on the scope of an issue or problem within their geographic SCR area, whether it involves just one Division or all Divisions in that SCR area. The matter need not be cross-functional to be an appropriate subject of discussion. Agenda items that are unique to one Business Unit will be addressed by a designated official of the Business Unit.
  • 2. The Union or the Employer may place an item on the local LMRC agenda that impacts employees in more than one (1) SCR area unless either party at the national level elects to place the issue on the agenda of the National LMRC. If either national party places the item on the agenda of the next National LMRC meeting, all local discussions will end subject to the provisions of subsection 4C below.
  • 3. Matters not on the agenda may be discussed by mutual consent. If either party timely forwards an appropriate agenda, the meeting will be held.
• E. Any meeting conducted under this Article shall be conducted during the normal tour of duty and in facilities furnished by the Employer.
• F. At least two (2) meetings of each local LMRC per calendar year will be face-to-face. The Employer will pay the reasonable travel and per diem expenses for one steward from each chapter as indicated in Exhibits 46-1 and 46-2 who are authorized to attend an LMRC meeting.
• G. Where the DEEO Advisory Committee or Safety Advisory Committee has been combined by local agreement with the local Labor Management Relations Committee (LMRC), the LMRC will assume the advisory responsibilities of those committees as described in Article 45, subsections 1H and 1I and Article 27, subsection 4D respectively.

Section 4 Informal Dispute Resolution Procedures

• A. The parties recognize that the local and national LMRC forum is an informal adjunct to, not a substitute for, the negotiations process. To preserve the benefits of such informality as well as the parties' rights to negotiate, the following principles will be followed to allow for additional consideration of issues where the local parties have not satisfactorily concluded their discussions.
• B. If it appears at any time within fifteen (15) workdays of discussion of an issue at an LMRC that a satisfactory conclusion cannot be reached on an otherwise negotiable matter, either party may refer the issue to a national representative designated by the Employer and a national representative designated by the Union for additional consideration.
• C. The national representatives, or their designees, shall attempt to satisfactorily resolve the issue within fifteen (15) workdays following referral of the issue to them through discussion and informal means. Where resolution is not achieved within those fifteen (15) days, the matter will be resolved as follows:
  • 1. Where the Union has not previously submitted a written proposal, the matter will be referred for expedited national negotiations in accordance with Article 47, Section 6. Notice pursuant to Article 47 is waived.
  • 2. Where the Union has submitted a written proposal, the national parties will move the issue through the statutory impasse resolution process (mediation and FSIP) under the procedures of Article 47, unless the parties agree otherwise.

Section 5 Business Improvement Committees

• A. The parties will form two (2) Business Improvement Committees (BICs) at the IRS Deputy Commissioner level and the BICs will operate in accordance with the bylaws established by the BICs with the exception of the following:
  • 1. meetings will be held semi-annually or as mutually agreed; and
  • 2. agenda items should focus primarily on specific work processes and how to make the processes more user-friendly, as well as efficient.
• B. The Employer will pay the reasonable travel and per diem expenses for Union stewards authorized to attend a BIC. By mutual agreement, the parties may elect to hold a meeting of the BIC telephonically.

Article 47
Mid-Term Bargaining

Section 1 General Provisions

• A. This Article establishes ground rules for mid-term bargaining between the parties. The provisions of this Article apply to all mid-term negotiations between the parties unless modified by other Articles in this Agreement (e.g., Article 15, Article 19).
• B.
  • 1. The Union's bargaining team may include up to four (4) bargaining unit members, unless more are agreed to by the parties. There is no limit on the number of professional staff members on the Union team.
  • 2. For briefings held pursuant to subsections 2C, 4B1 and 5D4 of this Article, official time will be approved for up to four (4) Union stewards. Union stewards located outside the commuting area of the briefing location must participate telephonically or through some other electronic means. The parties will agree upon the location of the briefing. In the absence of agreement on the location for briefings held consistent with subsections 4B1 and 5D4, the Employer will select the location. In the absence of agreement on the location for briefings held consistent with subsection 2C, the location will alternate between the headquarters offices of the IRS and NTEU.
  • 3. For all face-to-face bargaining, the Employer will pay the reasonable travel and per diem expenses for up to four (4) stewards designated by National NTEU, unless more are authorized to attend consistent with subsection 1B1 above.
  • 4. The first face-to-face negotiation may occur only after the electronic exchange and telephonic (or other electronic means) discussion/negotiation of the opening proposals submitted by each party. The parties are also encouraged to conduct negotiations to the maximum extent possible by utilizing available technology to minimize travel costs associated with face-to-face negotiations.
• C. In accordance with 5 U.S.C. §7114(b)(3), negotiation sessions will be scheduled at reasonable times and convenient places to avoid any unnecessary delays. Reasonable times will be the days of the week agreed to by the parties, normally between the hours of 8:00 AM and 6:00 PM or 1:00 PM to 6:00 PM if a Monday or 8:00 AM to Noon if a Friday is used as a bargaining day, taking into consideration the nature and proposed implementation date of the change. The location for negotiations will be agreed upon by the parties based on the logistics of each negotiation. In the absence of agreement on the location for negotiations held consistent with Sections 4 and 5 of this Article, the Employer will select the location. In the absence of agreement on the location for negotiations held pursuant to Section 2 of this Article, the location will alternate between the headquarters offices of the IRS and NTEU.
• D. Both parties agree to consolidate substantially related issues for bargaining to the greatest extent possible.
• E. Unless otherwise agreed, neither party will submit proposals nor modify existing proposals that raise issues that are outside the scope of the matter under negotiation.
• F. The parties recognize that once negotiations begin, the effect of publicity concerning issues on the table may be detrimental to the negotiating process.
• G. All agreements are tentative until full agreement is reached.
• H. Unless otherwise agreed, mid-term agreements reached will be reduced to writing and executed by both parties. In addition, oral agreements must be reduced to writing.
• I. Agreements will set forth an "effective date" and a "termination date". The effective date will be no sooner than thirty-one (31) days from execution (or upon agency head approval) and the termination date will be no later than the termination date of this Agreement.
• J. Copies of agreements executed pursuant to this Article will be distributed by the Employer to affected employees in a paper or electronic format as appropriate (e.g., e-mail, electronic newsletter).
• K. Agreements negotiated under the provisions of this Article will be subject to agency head approval pursuant to 5 U.S.C. 7114 (c). In the event of disapproval, the Union will have the option of renegotiating the entire disapproved agreement or the disapproved portion of the agreement, provided the parties have not agreed otherwise, for example, by the

• inclusion of a severability provision. The option to renegotiate the entire agreement must be exercised by the Union by notice to the Employer within twenty-one (21) days of notice of disapproval.
• L. Proposals declared non-negotiable and subsequently found negotiable will be timely negotiated, if requested by either party. To the extent practicable, any subsequent bargaining must commence within twenty-one (21) days of the negotiability decision.
• M. In accordance with 5 U.S.C. Chapter 71, to the extent permitted by law, either national party may initiate mid-term bargaining by proposing changes in conditions of employment provided that such changes are not covered by this or any other collective bargaining agreement between the parties, and provided further that such changes do not relate to matters over which either party has expressly waived its right to bargain during the negotiation of this Agreement.
• N.
  • 1. Unless otherwise permitted by law, no changes will be implemented by the Employer until proper and timely notice has been provided to the Union, and all negotiations have been completed including any impasse proceedings.
  • 2. When the Employer initiates a change, it will provide all necessary and relevant information to the Union at the time of the briefing. Additional requests for information will be satisfied in an expeditious manner.

Section 2 National Bargaining

• A. Notice Where either party proposes changes in conditions of employment, not covered by Sections 3, 4, 5 and 6 below, it will consolidate those proposed changes and serve notice thereof monthly. Such notice will be due within three (3) workdays of the beginning each month.
• B. Notice Requirements
  • 1. Notice of proposed changes in conditions of employment by the Employer or Union at the national level will be served by any one of the following methods: certified mail, first class mail, FAX, e-mail or hand delivery.
  • 2. In the case of a monthly notice initiated by the Employer, a copy will also be provided electronically and concurrently to the NTEU Deputy Directors of Negotiations.
  • 3. When either party proposes a change, it will provide information at the time of the notice that meets statutory requirements.
• C. Briefings Following receipt of notice consistent with subsections 2A and 2B above, the receiving party will be entitled to a briefing without notice to the other party.
  • 1. The briefing must be held within thirty (30) days of receipt of the notice, unless the parties mutually agree otherwise, and will be scheduled by the party initiating the monthly notice.
  • 2. Where the IRS or the Union has served proposed changes to conditions of employment on the other party, but fails to hold a briefing, and the other party is available for such a briefing, the proposed change must be placed on a subsequent monthly notice.
  • 3. Additional requests for information will be satisfied in an expeditious manner, but will not delay the beginning of negotiations. However, consistent with subsection 2G2 below, the Union may ask the neutral to rule on assertions that the Employer failed to provide information pursuant to 5 U.S.C. §7114(b)(4). The intervention of the neutral may be prior to the conclusion of negotiations and will not delay negotiations. However, the neutral may extend the bargaining schedule as appropriate.
  • 4. Unless otherwise agreed, proposals must be submitted within fifteen (15) days of the briefing, if one is held. If no briefing is held, proposals must be submitted within thirty (30) days of the receipt of the notice.
• D. If the fifteenth (15th) day or the thirtieth (30th) day, referred to in subsection 2C above, falls on a Saturday, Sunday, or holiday, the period shall run until the end of the next workday which is not a Saturday, Sunday, or holiday.
• E. Telephonic Discussions/Negotiations
  • 1. Once the briefing is conducted, or at any time thirty (30) days after the date of the notice if no briefing is held, the national parties will schedule the date(s) for the telephonic bargaining/discussion session described in subsection 1B4 above. The telephonic discussions/negotiations must be completed no later than thirty (30) days from the date proposals are exchanged unless mutually agreed otherwise.
  • 2. Prior to the date scheduled for the telephonic discussions/negotiations, the national parties will schedule the beginning date of face-to-face bargaining. Unless mutually agreed otherwise, face-to-face bargaining must begin and end consistent with subsection 2F below.
• F. Bargaining Timeline
  • 1. Where a party has submitted fewer than nine (9) initiatives on the monthly notice, consistent with subsection 2A above, bargaining must begin no

• • later than thirty (30) days from the date of the telephonic discussions/negotiations and conclude no later than sixty (60) days from the beginning of the negotiations.
  • 2. Where a party has submitted nine (9) or more initiatives on the monthly notice, consistent with subsection 2A above, bargaining must begin no later than thirty (30) days from the date of the telephonic discussions/negotiations and conclude no later than ninety (90) days from the beginning of the negotiations.
  • 3. The parties may agree to a shorter or longer time period in which to complete negotiations.
• G. Impasse Procedures
  • 1. If the parties fail to reach agreement at the end of the bargaining period, either party may contact the neutral designated for Article 15, Section 3 procedures to resolve any remaining disputes following the procedures of Article 15, Section 3.
  • 2. The neutral may also rule on assertions by the Union that the Employer failed to provide information requested for the negotiations pursuant to 5 U.S.C. §7114(b)(4) and delay proceedings a reasonable length of time to permit the Union to consider the information and adjust proposals accordingly.
• H. Neutrals The parties at the national level agree to select panels of neutrals with substantial mediation skills to mediate/arbitrate disputes arising under Sections 2, 4, 5 and 6. The parties will select neutrals so that the disputes, to the extent possible, may be resolved quickly and inexpensively.
  • 1. The neutrals will make use of telephonic or face-to-face dispute resolution processes when applying Article 15, Section 3 procedures.
  • 2. Dispute resolution meetings may be face-to-face for negotiations conducted consistent with Section 4 and 5 below if participants, including the neutral, are located in the commuting area of the meeting. No travel and per diem is authorized for such meetings.
  • 3. At least one (1) dispute resolution meeting, not to exceed three (3) consecutive days excluding travel to and from the meeting, may be face-to-face at the request of either party, for negotiations conducted consistent with Section 2 above. The national parties may agree to additional face-to-face dispute resolution meetings consistent with the provisions of this subsection.

Section 3 Modified National Bargaining

• A. The provisions of Sections 4, 5 and 6 below provide a basis for negotiating matters consistent with law involving: (1) the directed reassignment/realignment of employees; (2) space, furniture, parking and leases; and (3) other issues consistent with Section 6 below. All negotiations described in Sections 4, 5 and 6 below will remain at the national level, however, to provide for more efficient and effective negotiations, the parties agree to local involvement. The local parties identified for such negotiations will act as representatives of the national parties.
• B. The Employer may elect to consolidate issues to minimize the use of official time. The location for any bargaining sessions will be determined consistent with subsection 1C above. However, the location of the bargaining will be within the geographic area of the proposed change.

Section 4 Directed Reassignments/Realignments

• A. Article 15, Sections 2 and 3 procedures will be used where the primary reason for a change is the need to reassign or realign employees, as defined in Article 15, subsection 1B2. If the modifications to the physical structure of the employee's office are incidental (e.g., minor changes to space and furniture) to the reassignment or realignment of the employee, then those incidental changes will also be addressed under this procedure.
• B. Notice
  • 1. Notice of proposed changes involving directed reassignments or realignments, covered by Article 15, Sections 2 and 3, may be provided to the impacted Chapter Presidents at any time by the Employer. The proposed changes may be provided by the Employer individually or they may be provided as part of a group of changes. Notice will be provided by geographic area (Exhibit 47-1) to the impacted chapters in that geographic area. The Union may ask for a briefing in contemplation of bargaining over the proposed change. The briefing must be held within ten (10) days following the notice from the Employer of the proposed changes.
  • 2. Notice of reassignments/realignments impacting employees in more than one (1) geographic area will be provided to the National President of NTEU. The notice may be provided at any time. The proposed changes will be negotiated under the procedures of Article 15, Sections 2 and 3 at the national level. However, the parties agree that the timeline for the expedited bargaining period will be extended to ninety (90) days under Article 15, Section 2.

Section 5 Space, Furniture, Parking and Lease Related Changes

• A. The procedures in this section will be used where the primary reason for the change involves space, leases, parking or furniture. If a reassignment or realignment occurs as a result of the change, the reassignment/realignment will be addressed under this process.
• B. The parties agree that proposed changes of a substantial nature with a timeline for completion projected by the Employer that exceeds four (4) years are not covered by this procedure. Instead, the Employer will provide notice of such changes to the NTEU National President under the provisions of Article 47, Section 2.
• C. Notice Notice of proposed changes under this subsection in space, furniture, parking and leasing matters may be provided at any time by the Employer to the impacted Chapter Presidents. The proposed changes may be provided by the Employer individually or they may be provided as part of a group of changes. Notice will be provided by geographic area (Exhibit 47-1) to the impacted chapters in that geographic area. Changes impacting employees in more than one (1) geographic area will be provided to the National President of NTEU under the provisions of Article 47, Section 2.
• D. Bargaining Procedures and Dispute Resolution
  • 1. Once a project involving a lease, space or furniture is funded by the IRS, the Employer will provide each impacted chapter with information regarding the project, including the general scope of the project and the projected completion date.
  • 2. Once plans are completed by the Employer for submission to the GSA or other appropriate outside party, the Employer will provide copies to the impacted chapters for review. The impacted chapters may submit any comments in writing to the Employer within fifteen (15) days of receipt of the plans.
  • 3. Following the receipt of any comments and once the proposed plans for lease, space or furniture changes are completed, the Employer will provide formal notice to the impacted chapters.
  • 4. The Union may ask for a briefing in contemplation of bargaining over the proposed change. The briefing must be held within fifteen (15) days following the notice from the Employer of the proposed changes. If a briefing is held, the Union must submit proposals to the Employer no more than ten (10) days after the briefing. If no briefing is held, the Union must submit proposals within fifteen (15) days following the notice of the proposed change from the Employer.
  • 5. Bargaining will start no later than thirty (30) days following the notice of proposed changes from the Employer and must be concluded within forty-five (45) days of the notice of the proposed change. At the completion of the bargaining period, either party may contact the designated neutral used under Article 15, Section 3 procedures to resolve any remaining disputes using the procedures of Article 15, Section 3.

Section 6

• A. Changes in working conditions, limited to a single geographic area as described in Exhibit 47-1, and involving one of the issues listed below, will be negotiated consistent with the procedures in Section 4 above. Changes impacting employees in more than one (1) geographic area will be provided to the National President of NTEU under the provisions of Article 47, Section 2. The following issues have been identified by the national parties:
  • 1. negotiable issues not resolved by the Gatekeepers under Article 46, Section 4 or a DEEOA Committee under Article 45, subsection 1K;
  • 2. changes to work procedures;
  • 3. reorganizations;
  • 4. building security and building access; and
  • 5. other issues agreed to by the national parties, including changes submitted on the monthly notice.

Section 7 Workforce of Tomorrow

To facilitate proposed "Workforce of Tomorrow" initiatives, the parties agree that at any time during the term of this Agreement either party may notify the other party at the national level of the intent to open negotiations due to changes to working conditions as a result of the implementation of an initiative developed by a "Workforce of Tomorrow" team and approved as such by a Deputy Commissioner. During negotiations arising from such notice, and by permissive mutual agreement, the parties may agree to change any terms of this Agreement related to the proposed changes. All negotiations regarding the "Workforce of Tomorrow" initiative will be conducted in accordance with the ground rules set forth in Article 47, Sections 1 and 2, herein.

Article 48
Furlough Due to Lapse in Appropriations/Debt Ceiling Limitations

Section 1

• A. The following procedures apply when a furlough is necessary due to lapse in appropriations/debt ceiling limitation, failure to extend the debt ceiling, or lack of continuing resolution.
• B. On designated days, all Service employees will be furloughed except for those employees performing excepted functions. When there is more than one (1) qualified employee in the same position, grade, post of duty, and tour of duty available for an excepted position, the Employer has determined that employees will be assigned to the excepted position by inverse seniority based on enter on duty (EOD) date. The Service will consider an employee's request not to work due to a hardship. If the employee's request is honored, the Employer has determined that the next employee, meeting the above criteria, will be assigned to the excepted position.
• C. The Service will provide local NTEU chapters with one (1) copy of the decision letter together with a list of those employees who have been designated as excepted. The local parties will determine the form of and the timing for delivery of the list. Employees will be given a written document notifying them of applicability to the employee.
• D. Employees are expected to listen to radio and/or television broadcasts to learn when an appropriation or continuing resolution has been signed or when the debt ceiling has been raised. The Employer and the Union are free to negotiate, at the national level, additional methods of notifying employees about the conclusion of the furlough. Employees will then be expected to report to work no later than four (4) hours after that announcement. In the event the announcement contains instructions on reporting to work later than that, employees will be expected to follow those instructions. A liberal leave policy will be in effect on the day employees are to return to work. Employees who travel during the time of the furlough will be expected to return to work in accordance with the terms of this Article or with the more specific instructions.

Section 2

If an employee is unable to use their officially scheduled and approved "use or lose" annual leave due to the furlough, and if they are unable to reschedule it, provided that they qualify for carry over of annual leave, such annual leave will be carried over.

Section 3

• A. During any fiscal year in which a furlough occurs, the Service and NTEU shall jointly issue an all-employee notice with Questions and Answers attached which will advise employees of the impact of non-pay status on civil service benefits and programs and which will address some financial concerns employees may have when faced with a pay reduction. The Service will distribute this notice to all employees.
• B. All employees will receive from the servicing Personnel Office a fact sheet describing unemployment benefits available in their jurisdiction. At a minimum, this notice will contain information on unemployment benefits availability, the waiting period, if any, benefits eligibility requirements, and the location and phone number of State and/or municipal agencies responsible for administering the program in the local area.

Section 4

Requests for outside employment for any employment during the period of the furlough will be in accordance with the Plain Talk About Ethics and Conduct and Article 6, of this Agreement. Employees may not engage in any activity prohibited therein. While in a non-pay 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 49
Transfer of Function

Section 1 Purpose and Definition

• A. This Article establishes procedures for movement of work under Transfer of Function (TOF) regulations. Any TOF will be in accordance with applicable law, rule, and regulation.
• B. A TOF means the transfer of the performance of a continuing function from one competitive area and its addition to one or more other competitive areas, except when the function involved is virtually identical to functions already being performed in the other competitive area(s) affected. A TOF is also movement of the competitive area in which the function is performed to another commuting area. In a TOF, the operation of the function must cease in one competitive area and must be carried on in an identical form in another competitive area where it was not being performed at the time of transfer.

Section 2 Notification

• A. When it is determined that a TOF is necessary, management agrees to inform the Union as far in advance as practicable, giving the reason for the action, the appropriate numbers, types and geographic location of positions affected, and the approximate date of the action. At that point the Union will be permitted to invoke negotiations over this change.
• B. The Service will notify impacted employees of the proposed TOF plan in writing. The employee will be able to consider the action and decide whether he or she will transfer with the function or not. Where the TOF is to another commuting area, the employee will not have less than ten (10) days to state his or her intentions.
• C. Affected employees may be covered under the provisions of Article 51 CTAP, and/or may be separated under provisions consistent with 5 CFR Part 752 and 5 CFR Part 351.

Article 50
Flexiplace

Section 1 General

• A.
  • 1. Flexiplace is a program that permits employees to work at home or at other approved locations remote to the assigned post-of-duty (POD). The terms "flexiplace", "telework", and "telecommuting" are synonymous and include working at home or in satellite office sites or other approved Flexiplace work sites, with or without computers and other electronic equipment. The assigned POD of an employee approved for Occupational Flexiplace must be an IRS POD and may not be the employee's residence.
  • 2. For both Situational and Occupational Flexiplace arrangements approved by the Employer, the Flexiplace location must be within 125 miles of the employee's assigned POD. Exceptions may be granted on a temporary basis if the nature of the employee's work permits such an exception and approval of the temporary exception is beneficial to the Employer. If requested, the employee must be able to report to his or her office for his or her normal tour of duty on the following workday at no cost to the Employer. Furthermore, the requirement to report to his or her POD could be for any number of workdays or consecutive workdays and will not entitle the employee to reimbursement for travel and per diem. The employee may be removed from Flexiplace if he or she fails to report to his or her assigned POD within the locality pay area at least two (2) days each pay period; or, if his or her work location varies on a recurring basis, he or she fails to regularly perform work within the locality pay area.
  • 3. A supervisor's official relationship with, authority over, and accountability for an employee participating in the Service's Flexiplace Program (on an occupational or situational/hourly basis) is no different than his or her relationship with, authority over, and accountability for employees who are not participating in said program. In this regard, the supervisor retains the authority to review, determine, and approve participation in this program.
• B. Employees may be eligible for Occupational (formerly "Traditional") Flexiplace or Situational/Hourly Flexiplace under the criteria set forth in subsections 2E and 2F. Under Situational/Hourly Flexiplace, employees may work up to eighty (80) hours per month at a Flexiplace site.
• C. Participants will be permitted to work at home or other Flexiplace work sites full days or a portion of a day when approved for a Flexiplace arrangement pursuant to the provisions of this Article. Unless as otherwise provided by this Article, there is no limitation on how the work schedule may be configured as long as the scheduling is not disruptive to the work that remains in the office nor causes an unreasonable burden on those who choose not to work a Flexiplace arrangement.
• D. Work away from the office may vary depending upon the individual arrangements between the employee and the manager. Management has determined that participants must individually enter into a Flexiplace Work Agreement (see Exhibit 50-1).
• E. Any time an employee believes he or she needs to permanently or temporarily return to work in the IRS office, the employee will normally provide management with thirty (30) days notice of the needed change, except in emergency situations such as the loss of space in the home, security reasons or lack of equipment. Management will make reasonable efforts to accommodate the employee's needs. Employees returning to the IRS office in these circumstances must recognize that the equipment and workstations that are made available by management may not immediately be the same as the ones they had prior to participating in the Flexiplace Program. Management is expected to provide the employee a complete work area equal or similar to that of others in his or her occupation in their assigned POD within a reasonable time frame.
• F. Flexiplace is not a replacement for dependent/family care.

• G. Employee participation in the Flexiplace Program is voluntary.
• H. Employees who choose to work Occupational Flexiplace should be prepared to continue in that program for a period of at least twelve (12) months given the impact it could create by returning to the office and requiring office space.

Section 2 Eligibility

To be considered for a Flexiplace arrangement or to continue to work on a Flexiplace arrangement, an employee must meet the following criteria:

• A. An employee must have been in the Service's employ for at least twelve (12) months and have a "fully successful" (or equivalent) performance appraisal. If the employee has worked for more than twelve (12) months and does not have an appraisal, he/she will be assumed to be "fully successful." If the employee is on a Performance Improvement Plan (PIP), he or she is not considered to be fully successful and not eligible for participation in the Flexiplace Program.
• B.
  • 1. The employee must not have received any disciplinary/adverse action in the last twelve (12) months that would impact the integrity of the Flexiplace Program.
  • 2. If the employee's duties are changed due to a conduct investigation in which management has sufficient evidence of serious wrongdoing that would impact the integrity of the Flexiplace program, the employee may be suspended from Flexiplace pending resolution of the conduct investigation.
  • 3. If the wrongdoing as stated in subsection 2B2 is upheld by the deciding official, the Flexiplace arrangement may be terminated if the employee had been put on notice, given an opportunity to respond and termination is appropriate.
• C. The employee must be at the journey or full working level of his or her position, e.g., Revenue Officer GS 9, or have been in the position for more than two (2) years, whichever is less.
• D. The employee must have a telephone, work space suitable to perform work, utilities adequate for installing equipment, and a general work environment that is free from interruptions and provides reasonable security and protection for government property. The cost of these will not be paid by the Service.
• E. Occupations and Occupational Criteria
  • 1. Employees that meet the performance criteria set forth in subsections 2A and 2B above and who are in an occupation that involves regular and recurring duties that: (1) can be effectively accomplished outside of the traditional office/team setting; or (2) require frequent and/or regularly recurring visits to client and/or stakeholder locations; or (3) can be accomplished by an employee working independently of other co-workers, support staff, and/or his or her supervisor, without any adverse impact on individual and/or overall team or office productivity or customer service, will, subject to the approval of their supervisor, be eligible to participate in an Occupational Flexiplace agreement. The following occupations are the only IRS occupations that meet the above criteria:
    • (a) Non-CIC Revenue Agents
    • (b) Computer Audit Specialists
    • (c) Revenue Officers, OIC, ROE
    • (d) Estate & Gift Tax Attorneys
    • (e) Engineers and Appraisers
    • (f) Economists
    • (g) Dyed Diesel Fuel Compliance Officers
    • (h) Program/Management Analysts
    • (i) Tax Specialists in TEC (SB/SE)/SPEC (W&I)
    • (j) Appeals Officers and Auditors (Technical Specialists & Settlement Specialists)
    • (k) RO and RA Advisors in TAS and RO Reviewers and Advisors in SB/SE: however, the Employer reserves the right to assert and show that these employees or specific employees in these occupations may not meet the criteria in subsection 2E above.
    • (l) Applications Development employees in MITS.
  • 2. Additional occupations may be added to the list through negotiations at the national level in accordance with Article 47.
  • 3. This Article does not limit the parties from agreeing to place or keep other positions on Flexiplace.
• F. Situational/Hourly Criteria
  • 1. Employees that meet the performance criteria set forth in subsections 2A and 2B above and who are in an occupation that is not listed above, or that does not meet the above criteria, may nevertheless be eligible for "Situational/Hourly" Flexiplace (that is, Flexiplace that is authorized on a case-by-case hourly or daily basis) if, subject to the approval of their supervisor, they have a particular temporary project or work assignment that: (1) can be effectively accomplished outside of the traditional office/team setting; and (2) can be accomplished independently of other co-workers, support staff, and/or the employee's supervisor, without any adverse impact on individual/team or overall office productivity or customer service (e.g., preparing course materials for a TAS instructional

• • assignment, drafting correspondence). Supervisors are not precluded from granting blanket approval for categories of work assignments or situations for single or multiple days. The following occupations are eligible for the "Situational/Hourly" Flexiplace Program:
    • (a) All positions eligible for Occupational Flexiplace
    • (b) CIC Revenue Agents
    • (c) Secretarial and Clerical support positions
    • (d) Research Staff
    • (e) Employee Development Specialists
    • (f) Resident Lead Instructors
    • (g) Tax Auditors/Tax Compliance Officers
    • (h) Correspondence Tax Examiners
    • (i) RO and Accounting Aides
    • (j) TRR (excluding walk-in)
    • (k) CAs, AAs and all other employees of TAS
    • (l) SB/SE COIC employees
    • (m) SB/SE Bankruptcy and Insolvency employees.
  • 2. Additional occupations may be added to the list through negotiations at the national level in accordance with Article 47.
  • 3. All other positions that can be performed independent of the conventional office, at least a portion of the day or week, and have little or no negative impact upon the remaining work are also eligible. For example, positions with duties that involve report writing and review, document review consistent with security requirements, read time activities otherwise scheduled at the end of the workday and other project-based activities. Where an employee's participation is denied, the Employer will provide a written explanation upon request as to why the employee's work does not meet these requirements.
  • 4. Campus positions whose duties are comparable or similar to those identified in subsections 2E and 2F are also eligible.
  • 5. This Article does not limit the parties from agreeing to place or keep other positions on Flexiplace.
• G. Modification and Termination of Flexiplace Arrangements A supervisor may temporarily suspend, modify or terminate a Flexiplace arrangement. Decisions to temporarily suspend, modify or terminate a Flexiplace arrangement must be made by the supervisor on a case-by-case basis and based on business needs or employee performance. Examples of reasons for temporary suspension, modification or termination of a Flexiplace arrangement would include:
  • 1. anytime an employee falls below minimum eligibility requirements;
  • 2. issuance of a PIP, leave restriction letter, or intent to deny a within-grade increase;
  • 3. an employee who otherwise has portable duties is required to provide on-site office coverage; and/or
  • 4. the employee's performance declines and the decline may be reasonably attributed to working on Flexiplace (e.g., reduction in a mid-year or end-of-year appraisal, two (2) negative recordations separated by at least sixty (60) days for employees at the journey level or higher or two (2) negative recordations separated by at least thirty (30) days for employees below the journey level).

Section 3 Implementation

• A. Employees participating in the program, their support personnel such as time keepers and secretaries and their supervisors will receive an orientation on the Flexiplace Program through the on-line OPM course at www.golearn.gov. The local chapter may review the material by accessing the OPM website.
• B. Upon request, the Employer will provide the local chapter(s) with the names, job titles, grades and series of employees participating in the Occupational Flexiplace Program. It will also provide the local chapter(s) with the business telephone, IRS e-mail address, and IRS cell phone number of the employee should he or she have one.

Section 4 Management Responsibilities

• A. Managers will meet with employees working Occupational Flexiplace at least once a year for the purpose of discussing, reviewing and updating the Flexiplace agreement.
• B. Management has the right to direct Flexiplace employees to report to the office due to special circumstances, e.g., office assignments, meetings, and/or training classes, Filing Season Agreements, and details to other duties. These should be planned to give the employee notice in time to travel to the official duty site during his/her regular commute time. Time spent traveling will not be considered hours of work if it is commuting. When the employee is scheduled for a full day tour of duty (TOD) at the Flexiplace site and receives notification to report to the official duty station too late to travel during normal commute time, administrative time will be granted.
• C. Management has the right to meet with employees to give assignments and to review work as necessary at either the official duty station, approved Flexiplace location, or a mutually agreed upon site.

• D. To ensure that Information Systems and sensitive information procedures are in place at alternate work sites, the Employer may inspect the employee's work site with twenty-four (24) hours notice to the employee. The employee may arrange for an NTEU representative to accompany the supervisor at the inspection. If the employee refuses a work site inspection, the Employer may immediately cancel the employee's Flexiplace rights and the employee must surrender all Employer equipment and return to the appropriate office setting. The Employer will notify the employee as to the date and approximate time of arrival, the number of management officials coming to his or her home, the estimated duration of the inspection and other appropriate information. The employee is entitled to twenty-four (24) hours notice of any such visits to the employee's worksite except in cases of emergency or similar extraordinary cause. In all cases, as much notice as possible will be given.

Section 5 Employee Responsibilities

• A.
  • 1. Employees must provide the supervisor and/or clerk in advance with all the specific information regarding their work schedule, type of work to be performed and location of the alternate work place. This includes the obligation to inform the supervisor when they are unable to perform work due to illness or personal problems during the Flexiplace TOD and requesting appropriate leave.
  • 2. Employees must call the office to report time, to retrieve messages, and to notify the supervisor and/or clerk of changes in work locations.
• B. Employees must protect all government records and data against unauthorized disclosure, access, mutilation, obliteration, and destruction. Files and other information that are subject to the Privacy Act regulations must be secured in a way that renders these records and data inaccessible to anyone other than the employee. At a minimum, this will require that all records and data be kept under lock and key when not in the possession of the employee.
• C. Employees must comply with all required security measures and disclosure provisions, including password protection and data encryption so that at no time are the security, disclosure, or Privacy Act requirements of the Service compromised.
• D. Employees must ensure that government provided equipment/property is used only for authorized purposes.
• E. Employees will report time spent on Flexiplace on Form 3081.

Section 6 Time and Attendance, Hours of Duty, and Alternate Work Schedules (AWS)

• A. Existing rules in Title 5 of the U.S. Code and the Fair Labor Standards Act (FLSA) apply to flexible work place arrangements.
• B. Participants may work any schedule allowed for their positions under their AWS agreement. Unstructured/staggered work schedules are prohibited. Employees may earn credit hours on Flexiplace.
• C. Overtime, compensatory time and credit hours must be approved in advance.
• D. Regulations regarding leave remain unchanged under the Flexiplace Program.
• E. When an emergency condition forces the closure of an IRS facility and employees thereof are granted administrative leave as a result, an employee of that same facility (a) who is working at home on an approved Flexiplace Program and (b) who is prevented from accomplishing work because of that same emergency condition (for example, where a power outage forces the closure of an office, and that same power outage prevents a Flexiplace employee from completing his or her work assignments at home), that Flexiplace employee will be provided the same amount of administrative leave granted employees who were working in the closed facility. A Flexiplace employee claiming administrative leave under this provision may be responsible for providing appropriate documentation in support of that claim.
• F. In order to ensure accountability, a participating employee and his/her supervisor must communicate at least one time during each pay period to verify the employee's time and attendance.

Section 7 Furniture and Equipment

• A.
  • 1. Employees participating in Occupational Flexiplace will be provided the following equipment:
    • (a) a lockable file cabinet purchased by the Employer;
    • (b) a calculator, only if related to the job duties of the employee and purchased by the Employer;
    • (c) for communications, employees will be provided with a cell phone or calling card;
    • (d) employees will use the personal computer that was provided to them before being approved for Occupational Flexiplace. If the personal computer is a desktop, it will be equipped with ERAP or more advanced technology for remote network access;

• • • (e) a second telephone line if the employee has not been issued a cell phone and can demonstrate that their personal telephone line, required by subsection 2D, is otherwise not available (e.g., used for other business by a family member). Once approved, the Employee will be reimbursed by the Employer for the costs of the telephone line; and
    • (f) a printer.
• B. If requested and related to their job duties, employees participating in Situational/Hourly Flexiplace will be provided a Government phone card and/or an alpha-numeric pager to assist in their communication needs with management and customers. Based upon the work approved for the Situational Flexiplace arrangement, and to the extent laptops are available through the loaner laptop program, employees will be provided a loaner laptop if they do not already have a laptop as part of their normal job duties.

Section 8 Local Flexiplace Agreements

Local agreements which conform to the provisions of Article 50 and any national mid-term agreements regarding the Flexiplace Program will remain in effect subject to the terms of Article 54 of this Agreement.

Article 51
Career Transition Assistance Plan (CTAP)

Section 1

Displaced and surplus employees are afforded career transition assistance and selection priority in obtaining a permanent position either within or outside their commuting area. The definition of displaced and surplus employees and local commuting area may be found in the glossary of terms in Exhibit 51-1.

Section 2

• A. The Service's CTAP provides employees identified as "displaced and/or surplus" with the necessary human resource tools to assist them in obtaining a permanent position either within or outside the Federal Government. The provisions of this Article are to be interpreted consistent with 5 CFR 330, subpart F.
• B. An employee will be determined eligible for career transition services and selection priority immediately upon receipt of a reduction in force (RIF) notice of separation or notice of proposed separation for declining a directed reassignment or transfer of function outside of the local commuting area, Certificate of Expected Separation, notice of position abolishment, a notice stating that the employee is eligible for discontinued service retirement or other official certification identifying the employee or position as being in a surplus organization or occupation, whichever is earliest.
• C. An employee's eligibility under CTAP will expire on the earliest of:
  • 1. the RIF separation date, the employee's resignation, retirement, or separation from the agency (including separation by adverse action procedures for declining a directed reassignment or transfer of function or similar relocation to another local commuting area);
  • 2. the cancellation of the notices referred to in this subsection;
  • 3. the employee's appointment to a career, career-conditional or excepted position without time limit in any agency at any grade level; and
  • 4. the employee's declination of a career, career-conditional, or excepted appointment (without time limit), for which the employee had applied and been rated well-qualified.
• D. Consistent with Article 19 of this Agreement, the Employer will provide written notification to NTEU in advance of the issuance of any notice that provides eligibility to employees under CTAP. The notification will include the employees name, position (title, series and grade), type of notice issued, reason for issuance of notice, and the date and time of scheduled employee briefings.

Section 3

• A. Prior to selecting any other candidate from outside the Service and consistent with 5 CFR 330.606, an employee identified as "displaced or surplus" will receive selection priority for any vacancy for which they apply if:
  • 1. the employee has a current performance rating of at least fully successful;
  • 2. the vacancy is at or below the grade level from which the employee may be or is being separated and does not have greater promotion potential;
  • 3. the employee provides proof of eligibility for selection priority;
  • 4. the employee is determined to be well-qualified;
  • 5. the employee occupies a position in the same local commuting area of the vacancy (or if the employee occupies a position outside the local commuting area, can only exercise selection priority when there are no eligible surplus and displaced agency employees within the local commuting area who apply and are found well-qualified); and
  • 6. the employee submits an application within the time frames established by the agency.

• B. A surplus or displaced employee will be determined well-qualified as defined in Section 4. With the exception of filling a vacancy through the use of an exception identified in 5 CFR 330.606, the Employer must select from the well-qualified "displaced or surplus" eligible employees within the categories below. For each category of employees described below, the most senior displaced or surplus employee will be selected for any vacancy. In the case of ties among well qualified displaced or surplus employees, within each category described below, the Employer will select the most senior employee by IRS EOD. The Employer will use the following selection order when filling a vacancy for IRS employees, (bargaining unit (BU) or non-bargaining unit (NBU)) or Treasury employees as described below:
  • 1. exceptions identified in 5 CFR 330.606, (d)(1) through (30), except (24) see subsection 3C below;
  • 2. IRS displaced employees within the commuting area;
  • 3. IRS surplus employees within the commuting area;
  • 4. priority placement/priority consideration of IRS employees within the commuting area;
  • 5. competitive/non-competitive movement of IRS employees within the commuting area (exception identified in 5 CFR 330.606(d)(24));
  • 6. Treasury displaced employees within the commuting area;
  • 7. Treasury surplus employees within the commuting area;
  • 8. IRS displaced employees outside the commuting area; and
  • 9. IRS surplus employees outside the commuting area.
• C. Exceptions identified in 5 CFR 330.606(d)(1) through (30) referenced in subsection 3B include but are not limited to:
  • 1. exchange of positions between or among Agency employees, when the actions involve no increase in grade or promotional potential, i.e. job swaps;
  • 2. details;
  • 3. time-limited promotions of under 121 days, including all extensions;
  • 4. career ladder promotions or position changes resulting from reclassification actions;
  • 5. recall of seasonal or intermittent employees from non-pay status;
  • 6. an action taken pursuant to the settlement of a formal complaint;
  • 7. temporary appointments of under 121 days (including all extensions);
  • 8. the internal placement of an injured or disabled worker whose agency has identified a position for which he or she can reasonably be accommodated; and
  • 9. a placement that is a "reasonable offer" as defined in 5 U.S.C. §8336(d) and §8414(b).

Section 4

• A. A surplus or displaced employee is considered well qualified if he/she possesses the knowledge, skills, and abilities which clearly exceed the minimum qualification requirements for the position.
  • A well-qualified employee will not necessarily meet the definition of highly or best qualified but must satisfy the following criteria:
  • 1. meets the basic qualification standards and eligibility requirements for the position, including any medical qualifications, suitability, and minimum educational and experience requirements;
  • 2. meets all selective factors where applicable and meets appropriate quality rating factor levels as determined by the Employer; or is rated by the Employer to be above minimally qualified;
  • 3. is physically qualified, with reasonable accommodation where appropriate, to perform the essential duties of the position;
  • 4. meets any special qualifying condition(s) that OPM has approved for the position; and
  • 5. is able to satisfactorily perform the duties of the position upon entry.
• B. Employees who apply for vacancies within the local commuting area will be advised, in writing, of the results of their application, and whether or not they were found well-qualified. If they were not found well-qualified, the notice must include information on the results of an independent, second review as described in subsection 4C. If the employee is found well-qualified, and another well-qualified candidate is selected, the applicant will be so advised.
• C. The Service will ensure that an independent second review is conducted and documented whenever an otherwise eligible employee is determined to be not well-qualified. The applicants must be advised in writing of the results of the second review.
• D. Vacancy announcements must contain information in writing on how eligible employees can apply, what proof of eligibility is required, and what is required for an applicant to be determined well-qualified.

Section 5

For the purpose of allowing all "displaced or surplus" employees to apply for vacancies within the Service, management will post all appropriate vacancies consistent with Article 13. However, when filling positions on a temporary basis (NTE 180 days), a vacancy announcement will not be required to clear CTAP if the Employer has verified that there are no CTAP eligibles in the commuting area of the temporary vacancy.

Section 6

The Employer will provide briefings in the form of an orientation session for all displaced or surplus employees defined in Exhibit 51-1 of this Article. The session will include information on the use of the career transition services and the eligibility requirements for selection priority for CTAP, Interagency Career Transition Assistance Program (ICTAP)and Reassignment Priority List (RPL).

Section 7

• A. Career transition services will be made available to displaced or surplus employees. Additional career transition services for employees whose departure would create a local placement opportunity for a displaced or surplus employee during CTAP may be negotiated by the parties in accordance with Article 19. Career transition services will include:
  • 1. a reasonable period of time (administrative absence) for use of out placement facilities and/or participation in career transition services;
  • 2. reasonable access to telephones, copy machines, computers and software, typewriters, local e-mail/Internet access (where available) and FAX machines;
  • 3. out placement assistance, self-administered continuing education/training courses, and other services identified within the Employee Assistance Program; and
  • 4. other learning and development activities and interventions such as experiential/action learning or classroom/workshop activities.

Article 52
Notices to Employees

Section 1

• A. An employee who receives from the Employer:
  • 1. a notice of Reduction in Force;
  • 2. a notice of proposed separation of a probationary employee;
  • 3. a notice of decision to separate a probationary employee;
  • 4. a letter issued to the employee pursuant to Article 40, Section 2;
  • 5. a leave restriction letter;
  • 6. a notice of involuntary reassignment to another post-of-duty (POD) (other than an SF-50);
  • 7. a notice of reclassification of the position the employee occupies (other than an SF-50);
  • 8. a written request for information concerning employee alleged under reporting or non-filing; or
  • 9. a notice of changed or modified nexus statement will simultaneously receive a copy of such notice which states at the top of the first page in capital letters "THIS COPY MAY AT YOUR OPTION BE FURNISHED TO NTEU CHAPTER (Text Field)."

Section 2

• A. The Union and the Employer recognize that employees should be informed of their rights and benefits. Accordingly, the Employer will notify employees periodically on matters including, but not limited to, the following:
  • 1. incentive awards;
  • 2. health and safety;
  • 3. annual leave, sick leave and leave without pay; and
  • 4. promotion plan.

Section 3

• A. The Employer will distribute to each incoming employee within the unit an announcement card (furnished to the Employer by the Union at each POD) as described in Exhibit 52-1.
• B. Information contained on this announcement card may be deleted by the Union at any time. New information may be added, or existing information may be modified, with approval from the Employer. Such approval may not be unreasonably withheld.

Section 4

The Employer will continue to provide each employee during each pay period a written statement showing pay, deductions, and leave status together with the total cumulative yearly earnings and total cumulative deductions in each category.

Section 5

The Employer will hold a formal discussion with employees annually concerning the Office of Government Ethics rules and regulations, as well as any other applicable rules and regulations relating to ethics and conduct. Employees who have an immediate personal interest should direct written questions concerning an interpretation or application of any of these rules and/or regulations to their supervisors. Answers will be provided to employees in writing.

Article 53
Miscellaneous Provisions

Section 1

• A.
  • 1. Participation in the Combined Federal Campaign, blood donor drives, bond campaigns, and other worthy drives will be on a completely voluntary basis. This does not preclude general publicity of the programs by the Employer.
  • 2. Further, verbal encouragement will only be permissible when given to groups of five (5) or more employees. However, in some instances due to absence of employees or new employee orientation, it may be necessary for the Employer to discuss these programs below the aforementioned levels.
• B. Immediate supervisors may not collect pledges or contributions from individual employees under their supervision.

Section 2

The Employer will notify a deceased employee's designated next of kin of any benefits to which the next of kin may be entitled, and assist the next of kin in filing claims for unpaid compensation, including lump sum leave payments and any retirement insurance or Social Security benefits, and will further assist, when necessary, in the preparation of the Federal income tax return.

Section 3

When, through administrative error or oversight, the employee is denied benefits or pay to which otherwise entitled, restoration of said benefits or pay shall be made in accordance with law, rule and regulation and as expeditiously as practicable.

Section 4

• A. Where, through administrative error, an employee receives an excess amount of money which would normally go unnoticed or undetected, such employee shall agree to repay the excess amount consistent with the terms of the Debt Collection Act. Letters issued by the Employer to employees regarding repayment of a debt will include the following statement:
  • "The Debt Collection Act provides that you have the right to legal representation as it relates to the debt. Bargaining unit employees may have a right to NTEU representation to the extent that it relates to this action. For more information, please contact your local NTEU Chapter President."
• B. If an employee terminates employment with the Employer prior to liquidation of any overpayment described in subsection 4A above, the Employer retains the right to satisfy any outstanding balance from any funds due and owing the employee prior to the effective date of separation.

Section 5

• A.
  • 1. When an employee's regular salary payment is not issued, the employee will be provided with an emergency salary payment within seventy-two (72) hours of providing the Employer with notification on the proper form for that purpose.
  • 2. When an employee's regular salary payment was issued, but it was lost, stolen, mutilated or not received, the employee will be provided with a substitute payment within five (5) to seven (7) workdays of providing the Employer with notification on the proper form for that purpose.
• B. The notification referred in subsection 5A above shall be given to the Employer as soon as possible following regular salary payment distribution.
• C. Where the failure to receive a regular salary payment creates a hardship on the employee that cannot be timely cured by the issuance of an emergency salary payment or a recertified salary check, the employee will receive an emergency payment equal to the expected net salary.

Section 6

Employees will receive salary payments via direct deposit unless the employee certifies a hardship as defined by Government-wide regulations.

Section 7

• A. Pursuant to 5 CFR 890.303 and 890.501, employees may, at their option, make direct payments for FEHB to the Employer while they are in non-pay status, or have such payments deducted from their salaries upon return to duty status.
• B. At least twenty-one (21) days in advance of being placed in a non-pay status, or as soon as practicable if there are less than twenty-one (21) days between the date it becomes known that an employee will enter non-pay status and the effective date of entering non-pay status, the Employer will give employees written notice of their options under subsection 7A. Such written notice shall provide employees with all necessary information, for example, where to make direct payments.

• C. If an employee chooses to make direct payments while in non-pay status, such payments may be made in any amount of five dollars ($5.00) or more, provided that such payments do not exceed the amount owed.
• D. If employees choose to have payments deducted from their salaries upon return to pay status, such deductions must be made in accordance with the provisions of the Debt Collection Act, and shall begin in the second contiguous pay period following the employee's return to pay status. If, considering an employee's personal circumstances, an employee asserts that the deduction proposed would cause a financial hardship, an employee may appeal such proposed deductions in accordance with the Debt Collection Act.

Section 8 Payment Discretion

The Employer will pay financial benefits, such as transportation subsidies in accordance with law, regulation, Executive Order and applicable negotiated agreements.

Section 9 Waiver of Payments

• A. An employee, or the Union on behalf of an employee, may make a written request for a waiver of collection of an overpayment. The Employer will, consistent with its legal authority, waive a claim arising out of an overpayment to an employee if all the following conditions are satisfied:
  • 1. the Employer has determined that the erroneous overpayment occurred due to administrative error, with no indication of fraud, misrepresentation, fault or lack of good faith on the part of the employee; and
  • 2. collection of the claim would be against equity and good conscience and not in the best interest of the United States.

Section 10

The Employer will subsidize an employee's use of public transit by paying for qualified transit passes up to the non-taxable amount. The subsidy must be in a form not readily convertible to cash or used for purposes other than intended, e.g., fare cards, passes, tokens, tickets or other instruments issued by authorized local transit authorities. Direct cash subsidies to employees are prohibited.

Article 54
Duration and Termination

Section 1 Term Agreement

• A. This Agreement will become effective thirty-one (31) days from execution or agency head approval, whichever occurs first. However, the parties agree to implement this Agreement on or about October 1, 2009. If not implemented at that time, all practices of the National Agreement will continue to apply until this Agreement is implemented.
• B. The successor Agreement will be implemented on or about October 1, 2014, or five (5) years from the implementation of this Agreement, whichever is later. The terms and conditions of this Agreement will continue to apply until a successor agreement is implemented.
• C. Negotiations over the successor agreement will be completed in accordance with the ground rules appended hereto as Exhibit 54-1.

Section 2 Mid-Term Agreements and Practices

• A. Mid-Term Agreements All mid-term agreements (national and local) in effect upon the effective date of this Agreement will either terminate or continue as follows:
  • 1. Either national party to any mid-term agreement may elect to continue such agreements by submitting a copy to the other party no later than December 4, 2009.
  • 2. The national parties will then create a list of mid-term agreements to remain in force during the term of this Agreement to the extent such agreements do not contain terms and conditions in conflict with this Agreement or law or regulation.
  • 3. Agreements not on the list, including, but not limited to memorandums of understanding, letters of understanding and side letters will not be enforceable after the effective date of this Agreement.
• B. Practices All practices not in conflict with this Agreement or law and regulation will continue during the duration of this Agreement, subject to subsection 2C below.
• C. Changes to Mid-Term Agreements or Practices If either party wishes to propose a change in the working conditions established pursuant to a continuing mid-term agreement or continuing practice, it will use the applicable procedures of Article 47 to provide notice and bargain to the extent required by law.

Section 3 Reopener

Either party may reopen five (5) existing articles and propose two (2) new articles by serving proposals on the other party during the twenty-fourth (24th) month of this Agreement. The ground rules appended hereto as Exhibit 54-2 will be followed for the reopener negotiations.

Section 4 Waiver

• A. Nothing in this Agreement shall serve as a waiver by either party of the right to negotiate over matters that are affected by a change (during the life of this Agreement) to the Federal Service Labor-Management Relations Statute that expands or contracts the scope of bargaining in the Federal sector.
• B. Such bargaining may be initiated at any time after sixty (60) days from the effective date of the statutory change.

This Agreement is entered into on October 1, 2009, at Washington, D.C.

• James P. Falcone
  • Human Capital Officer
  • IRS
• Jerald H. Heschel
  • Field Director, Accounts Management, Ogden
  • Chairperson, IRS Negotiation Team
• Mark D. Krull
  • Chief Spokesperson, IRS
• Colleen M. Kelley
  • National President
  • NTEU
• Frank D. Ferris
  • National Executive Vice President
  • Chairperson, NTEU Negotiation Team
• Ken Moffett, Jr.
  • Chief Spokesperson, NTEU

IRS Negotiation Team Members

• Stuart Burns
  • Director, REFM
• Jim Grimes
  • Field Director, Compliance, Fresno
• Cheryl Sherwood
  • Director, Campus Compliance
• Dan Riordan
  • Deputy Director, WRD
• Julie Barry
  • Counsel, GLS
• Paulette Caldwell, HCO
• Michelle Chandler, HCO
• Dom Murgo, HCO
• Historians

NTEU Negotiation Team Members

• Julie-Anna Bardon
  • Chapter 35
• Gary Barrack
  • Chapter 61
• Jeri Burger
  • Chapter 24
• Ron Carbonneau
  • Chapter 68
• David Carrone
  • Chapter 6
• John Darden
  • Chapter 46
• Patrick Frazee
  • Chapter 74
• Tammara Garvey
  • Chapter 25

IRS Support Team

• John Czernek
  • HCO
• Steve Davis
  • HCO
• Ed DeMaria
  • W&I
• Page Doane
  • REFM
• Barbara Farrow
  • W&I
• Christine Forrest
  • HCO
• John Garufi
  • HCO
• Tom Gau
  • W&I
• Rich Goins
  • W&I
• Dale Graddon
  • HCO
• Ronda Grimes
  • HCO
• Joyce Gwyn
  • HCO
• Joan Haman
  • HCO
• Lori Hart
  • HCO
• Robey Hatfield
  • HCO
• Nancy Hewitt
  • HCO
• Linda Jones
  • SB/SE
• Mary Martin
  • HCO
• Michelle McKenzie
  • HCO
• Kathryn Mercer
  • HCO
• Rich Monticciolo
  • HCO
• Marian Page
  • HCO
• Steve Paxton
  • W&I
• Jim Pruett
  • W&I
• Chryle Sadorus
  • HCO
• Melissa Towsley
  • HCO
• Ilir Tsungu
  • HCO
• John Valinote
  • HCO
• Rick Weitsen
  • HCO
• Joanne Woo
  • HCO
• Mike Woodward
  • HCO

NTEU Bargaining Team (con't)

• Malcom Gettman
  • Chapter 92
• Duncan Giles
  • Chapter 49
• Doreen Greenwald
  • Chapter 1
• William Harper
  • Chapter 71
• Frank Heffler
  • Chapter 47
• Jacqueline Huff
  • Chapter 73
• Patricia Kelley
  • Chapter 52
• Wanda Long
  • Chapter 22
• Andrew Lovett
  • Chapter 60
• Jason Sisk
  • Chapter 97
• Owen Smith
  • Chapter 66
• Christine Soares
  • Chapter 54
• Pam Sturm
  • Chapter 14
• Jerry Stone
  • Chapter 13
• Robert Tremblay
  • Chapter 23
• Fran Troutman
  • Chapter 99
• Tom Tsoming
  • Chapter 30
• Mary Wright
  • Chapter 32