The outline can be used as a tool to quickly look through the contract to find the articles and paragraphs relevant to issues in the workplace, or for training.

The outline headings throughout the contract are for reference only.

---------------- Notes ----------------

Note: Organizational titles frequently change. The titles referenced in this agreement are those that existed when the agreement was negotiated.

ARTICLE 1 - Recognition

Bargaining Unit. The Service recognizes the American Federation of Government Employees (National Immigration and Naturalization Service Council) as the bargaining agent for all personnel of the Immigration and Naturalization Service, except professionals, those assigned to Border Patrol Sectors and those excluded from coverage by the Civil Service Reform Act.

Gender Language. All references to members in this Agreement designate both sexes, and whenever the male gender is used, it shall be construed to include male and female members as appropriate.

ARTICLE 2 - Effect of Law and Regulation

A. Existing or Future Laws. In the administration of all matters covered by this Agreement, the parties are governed by existing or future laws; and government wide rules or regulations in effect upon the effective date of this Agreement. In the administration of this Agreement, should any conflict arise between the terms of this Agreement and any present or future laws, provisions of such laws shall supersede conflicting provisions of this Agreement.

B. Government Wide Rule or Regulation. Should any conflict arise in the administration of this Agreement between the terms of this Agreement and any government wide rule or regulation such as the Code of Federal Regulations or Department of Justice Orders, Policy Letters, Manuals (other than a rule or regulation implementing 5 U.S.C. 2302), issued after the effective date of this Agreement, the terms of this Agreement will supersede and govern.

C. Service Policy. In any conflict between the terms of this Agreement and any provision of Service Orders, Policy Letters, Manuals, etc., regardless of date of issuance, the terms of the Agreement will govern.

D. Effect of Invalidation. Should any part of this Agreement or any provision or provisions contained herein be rendered or declared invalid by reason of any of the contingencies referred to in this Article, such invalidation of such provision or provisions of this Agreement shall not invalidate those unaffected parts or provisions contained in this Agreement and they shall remain in full force and effect.

E. Scope. The requirements of this Article shall apply to all supplemental, implementing, subsidiary or informal agreements between the parties.

F. Intent of Restatement. In a number of the provisions of this agreement, statutes or regulations are restated for the convenience of the parties and the employees covered by the agreement. In restating the provisions of such statutes and regulations, some minor changes to the statutory and regulatory language have been made for clarity or to place that language in context. These wording changes are not intended to change the meaning of the language in question. However, should there be any conflict between the language of this agreement and the language of applicable statutes, or regulations in effect at the time the agreement became effective, the language of the statutes and regulations is controlling.

ARTICLE 3 - Employee Rights

A. Right to Join and Participate.

(1) Employee Participation. Employees covered by this Agreement shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided in the Civil Service Reform Act of 1978, such rights include the right -

(a) Representation. To act for a labor organization in the capacity of a representative and the right, in that capacity to present the views of the labor organization to heads of agencies and other officials of the Executive Branch of the government, the Congress or other appropriate authorities; and

(b) Collective Bargaining. To engage in collective bargaining with respect to conditions of employment through the Union as provided by law and this Agreement.

(2) Management Non-participation. Nothing in this section, or this Agreement, authorizes participation in the management of a labor organization by a management official, a supervisor, or a confidential employee, except as specifically provided in the Civil Service Reform Act of 1978, or by an employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the employee.

B. Private Counseling. Any discussions with individual employees concerning counseling, evaluations, workload review, or disciplinary actions will be conducted so as to insure the privacy of the employee

C. Contributions / Gifts..

(1) Voluntary. The Employer agrees that participation in the Combined Federal Campaign, United States Bond Drives, Blood Donor Drives, and other worthy programs will be on a voluntary basis.

(2) Gifts. Contributions for gifts for supervisors, management officials or fellow employees will be strictly voluntary.

D. Right to Communicate. An employee has the right to communicate with the appropriate member of the following offices concerning individual personnel matters:

(1) The servicing Human Resources Office(s) including District, Center, Office, Regional and Headquarters Human Resources Offices;

(2) The EEO Office or the EEO Officer;

(3) A Supervisor or Management Official of a higher rank than the employee’s immediate supervisor;

(4) EEO Counselors;

(5) The appropriate official in the Safety and Health Office.

Employees are encouraged (but not required) to initiate such individual personnel matters with first-line supervisors and to follow the chain of command where appropriate.

ARTICLE 4 - Management Rights

A. Negotiating. Nothing in this Contract shall preclude the Service and the Union from negotiating:

(1) Permissive Subjects. At the election of the Service, on the numbers, types and grades of employees or positions assigned to any organizational subdivision, work projects, or tour of duty, or on the technology, methods and means of performing work.

(2) Procedures. Procedures which management officials of the Service will observe in exercising any authority under this Article; or

(3) Appropriate Arrangements. Appropriate arrangements for employees adversely affected by the exercise of any authority under this Article by Service officials.

B. Authority of Service Officials. Nothing in this Contract shall affect the authority of any Service official:

(1) To determine the mission, budget, organization, number of employees and internal security practices of the service; and

(2) In accordance with applicable laws:

(a) To hire, assign, direct, lay off and retain employees in the Service, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees:

(b) To assign work, to make determination with respect to contracting out and to determine the personnel by which Service operations shall be conducted;

(i) Among properly ranked and certified candidates for promotion; or

(ii) Any other appropriate source; and

(d) To take whatever action may be necessary to carry out the Service Mission during emergencies.

ARTICLE 5 - Union Rights

A. Exclusive Representative. The Union is the exclusive representative of the employees in the unit and is entitled to act for, and represent the interests of all employees in the unit. Where appropriate, for the purposes of this agreement, when the term District Office is used it is understood that it will include Service Centers, Asylum Offices, Administrative Centers, Regional Offices, and Headquarters.

B Representation at Formal Discussions.

(1) Formal Discussions. The Union shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Employer and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practice or other general condition of employment.

(2) Notice. The Union representative will receive reasonable advance notice of such formal discussions. The Union will receive copies of documents supplied to employees at the time of the discussion. Except in circumstances in which an urgent operational need to act quickly requires a shorter period or a shorter period is mutually agreed to by the parties, reasonable notice will mean not less than 24 hours.

C. Representation at Investigatory Interviews. The Union shall be given the opportunity to represent employees in investigative interviews as provided in Article 30, Section B of this Agreement.

D. Right to Present Views. The Union shall have the right to present its views, either orally or in writing, to the Employer on any matters of concern regarding personnel policies and practices and matters affecting working conditions.

E. Existing Agreements. This Agreement is not intended to abolish, solely by exclusion here from, any national, local or regional understandings or agreements which have been mutually acceptable at the national, local or regional level. It is understood that any such understandings and agreements are valid only to the extent they are not inconsistent with the provisions of this agreement or controlling regulations as described in Article two.

ARTICLE 6 - Status of Employee Representatives

A. No Restraint. The Service shall not impose any restraint (except as may be otherwise provided in this Agreement), interference, coercion, or discrimination against employees in the exercise of their rights to organize and designate representatives of their own choosing for the purposes of collective bargaining, the presentation of grievances, appeals from adverse actions, Labor-Management Relations, or upon duly designated employee representatives acting on behalf of an employee or group of employees within the bargaining unit.

B. Designation of Stewards. A reasonable number of stewards may be designated by the Union or its affiliated Locals and shall be recognized as employee representatives for employees in the District, or other service facility in which they are designated to be stewards. The Union will supply the Service with their names, which may be posted on appropriate bulletin boards. It shall be the duty of the Union to notify Management of any changes in the roster of stewards.

C. Authorization for Representational Duties. Upon request and approval in advance, Union officials are authorized to perform and discharge the duties and responsibilities which may be properly assigned to them under the terms of the Civil Service Reform Act of 1978 by the Union in accordance with this Agreement and any supplemental agreement or agreements hereunder. The Service agrees that there shall be no restraint, interference, coercion, or discrimination against a union official because of the performance of these duties while they are serving as Union officials. Union officials shall be relieved from official duties during the period they are serving as union officials. This does not preclude employees being called back to their official duties when there is an immediate need for their services. Nothing shall require a Union official to take official time at an agency location unless required by the representational duties performed and/or required by the official duties from which the employee is relieved.

D. Steward and Officer Lists / Management Directories. It is incumbent upon the Union to furnish Management written notice of the names of the Union Officials and to advise Management of any changes in its list of designated Union representatives. In turn, Management will provide the Union, at the National, Regional and Local level, the appropriate Service telephone Directories and updates as printed. Management will advise new unit employees or employees transferring between stations, upon entering on duty, of the name of the Local President in writing.

ARTICLE 7 - Use of Official Time

A. Authorized Uses. Upon request, and approval, Union officials may use official time to conduct representational functions where such is authorized pursuant to, and consistent with, applicable statutes, regulations, and executive orders relating to complaints, grievances, appeals and other matters involving dealings with Service officials. Official time for representational functions performed by Union officers and stewards will be authorized for:

(1) Representation. Representation in grievances, discrimination complaints and appeals.

(2) Grievances. To prepare and present grievances under the NGP, including allegations of discrimination, the Local representative may be authorized up to a maximum of sixteen (16) hours of official time but may not use more than eight (8) hours at any step of the grievance procedure. After arbitration has been invoked in accordance with Article 48, if a Local representative is designated to present the grievant’s case, he or she will be authorized twenty-four (24) hours to prepare for arbitration. Should the hearing be continued, the designated representative will be granted eight (8) hours preparation time for each additional scheduled hearing day. The Local representative may be authorized up to a maximum of four (4) hours to prepare a ULP charge. Prior to filing an unfair labor practice charge with the Federal Labor Relations Authority, Union Representatives will, in an effort to resolve the issue, discuss the complaint with local managers. Union officials shall not knowingly file a grievance or a ULP charge concerning the implementation of a policy or procedure agreed to by the Council President and Management at the national level.

(3) Labor-Management Meetings. For representation of the Union in Labor-Management meetings with the Employer pursuant to Article 10. Local presidents shall be authorized up to three (3) hours for preparation prior to each meeting.

(4) Arbitrations & Appeals. For representation at arbitrations and statutory appeal hearings.

(5) Adjustment of Grievances. Representation at adjustment of grievances, adverse actions and any EEO matters that affect bargaining unit employees.

(6) Committee Meetings. Attendance at committee meetings as the designated Union representative.

(7) Respond to Management. Review of and response to memoranda, letters, and requests from the Employer, as well as proposed new instructions, manuals, notices, etc., which affect personnel policies, practices or working conditions.

(8) Technical Representative. To act as a technical advisor or assistant employee representative in hearings. The technical advisor or assistant employee representative will be granted up to 8 hours official time to prepare for the hearing. There shall be a limit of one representative so designated at a proceeding.

(9) Observer. To attend hearings or meetings in the capacity of an observer where bargaining unit employees have elected to pursue a grievance without Union representation.

(10) Respond to Congress. To respond to requests for information from members of Congress and/or testify before Congress.

(11) Partnership. To participate in Labor-Management Partnership Council proceedings and endeavors. Official time used under this subsection will not be counted against the negotiated block time of any local union official.

(12) Treasurer. The treasurer of each local and the Council will be authorized four (4) hours per month to complete reports required by other federal agencies.

(13) EEO Briefings. To participate in status briefings of the Service’s EEO program.

(14) Other Functions. To perform those functions stated elsewhere in this agreement for which official time has been expressly provided.

Approval of official time for appropriate Union representational activities other than those specified above will be subject to review at the regional level.

B. Block Time. Official time for the performance of functions described in Article 7(A) as well as labor-management partnership activities will be granted during regular duty hours to Union officials as follows:

(1) Council President -(100%)

(2) Executive Vice President (100%)

(3) Seven Vice Presidents (100%)

(4) Fair Practices Coordinator - (100%)

(5) Two Staff Assistants to the President - (100%)

(6) Except as specifically provided, Local Union Officers shall be authorized reasonable official time to perform functions outlined in this agreement. The parties agree that use of blocks of official time for local union officials is an appropriate subject for bargaining in local supplemental negotiations.

C. Required Procedures:

(1) Advance Notice. All Union officials (except those listed in Section B 1 thru 5 above) will make every effort to schedule use of time and give advance written notice to Management in accordance with C(2) below. Requesting Union officials will inform the immediate supervisor by way of a completely filled out Form G-826, including among other matters, the nature of the duties to be performed and will indicate on the form the estimated amount of time to be used and the object class code to which the time is to be charged.

(2) Form G-826 Procedures. The Employer will furnish a form G-826 (pre-printed memorandum) which shall be used by all Union officers (except those listed In Section B 1 through 5 above) to request official time pursuant to this Article. The Union officer will prepare the form completely pursuant to this Article and submit the form to the appropriate supervisor in duplicate. The supervisor will endorse the form indicating approval or denial, retain one copy and return one copy to the requester. If the request is approved, the Union officer, upon completion of the authorized activity and at the time of his or her return to duty; will advise his or her supervisor, either orally or in writing, as to the date and time of his or her return to duty and total number of hours used. The supervisor will then note on his or her copy of the original request to reflect the total time (hours/dates) used and insure that such time is appropriately recorded on the Union officer’s time and attendance report. The supervisor will also, at that time, forward a copy of the to the appropriate servicing Human Resources (LMR) Office. The Union official shall not be required to identify a possible grievant at the informal stage of the NGP until such time as the grievance is officially filed, but shall be required to identify the specific issue being considered and the Union official must identify his or her place of contact or telephone number at all times pursuant to Article 6C. Requests for official time will be acted upon in a timely manner. Adjudication of the request in a timely manner will mean 24 hours or less on consecutive weekdays, excluding weekends or holidays from the time that a properly completed request is submitted to an appropriate management official. Managers will take into consideration the time constraints the Union official may be operating under. Should an occasion arise when a request must be denied, in whole or in part, the Service will cite the reason for the denial on the official time request form.

(3) Supervisory Approval. The Union officer and/or employee involved shall also obtain approval of the employee’s supervisor for any meeting during the employee’s duty time.

(4) No Internal Union Business. In no case will internal Union business such as solicitation of dues, maintenance of the dues check-off agreement, or solicitation of membership be conducted on official time.

D. Restriction on Block Time. The 2080 hours of official time authorized for use by Council Officers listed in Section B 1 thru 5 above is intended and shall be interpreted as authorizing those Council Officers 100% official time for all representational duties performed during their normal duty hours. However, it does not authorize official time during normal duty hours for the following activities:

(1) Internal Union Business. Conduct of internal Union business for which Council Officers shall charge their time to annual leave or leave without pay.

(2) Leave. Activities for which the employee would normally be required to charge his or her time to annual, sick or other appropriate leave if he or she were not a Union officer (e.g. annual leave for a vacation or sick leave for an illness).

Recall to Duty. Not-withstanding the provision of this Section, the Council Officers may be assigned official duties (and appropriately compensated) in situations of emergency.

E. Travel Time. A Local President or designee may be granted reasonable and necessary travel time for the purpose of traveling to assist in representing a grievant within his or her district at a sub-office or remote location which does not have a local Union steward, or for any other meetings scheduled by management.

F. Council Representatives. National Council representatives are authorized official time to attend the following meetings:

(1) Labor-Management Meetings. National and Regional Annual Labor-Management Meetings respectively;

(2) Safety and Health Committee Meetings. National and Regional Safety and Health Committee Meetings; or

(3) Other Meetings with Management. Any other meeting scheduled by Management with the intent of meeting with the Union as general representative of the bargaining unit for the purpose of obtaining the Union’s views or offering Management’s views on the operation of a policy or program (excluding grievance representation, complaints, appeals, negotiations, etc.) will be authorized travel expenses and per diem. Necessary time for travel will be allowed.

G. Administrative Time for Training.

(1) Limits. The Service agrees that official leave may be administratively authorized for Union representatives to attend training approved by Management which is designed to advise representatives on matters within the scope of CSRA and Title 7, which are of mutual concern to the Service and the Union. Administrative excusal for this purpose will not exceed:

(a) Offices of Less than 50. Fifteen (15) training days per calendar year for each District, Office or Center, with less than fifty (50) employees,

(b) Offices of 50 to 299. Thirty (30) training days for each District, Office or Center with 50-299 employees,

(c) Offices of 300 to 500. Forty (40) training days for each District, Office or Center with three hundred (300) to five hundred (500) or more employees,

(d) Offices of More than 500. Sixty (60) training days for each District, Office or Center with more than five hundred (500) employees.

(e) Council. Thirty (30) training days per year for the Council. Council officers as identified in B who present such training may use the authorized official time for this presentation.

(2) Procedures. Requests for such leave to attend training shall be submitted to the appropriate District, Service Center, or Asylum Office, and a copy as well to the appropriate Administrative Center Director together with an agenda that includes the actual hours that training will be conducted. Requests shall be received in writing from the Union at least fifteen (15) working days in advance of the date the training is scheduled to commence. Management shall notify the Union of its decision no later than ten (10) working days after receipt of the request.

H. Arbitration Travel and Per Diem. The Service will pay travel and per diem expenses for Council Officers identified in Section B 3 when they act as representatives in arbitration cases for disciplinary actions of ten (10) calendar days or more, within their area.

I. Council Trips. The Council President and Executive Vice-President or Council Officers designated by the Council President will be authorized up to a combined total of twenty-two (22) trips, for the purpose of improving the labor management relationship within the Service, to assist local unions in 9A bargaining; to present the Union’s case in arbitration of suspensions of 20 days or more; or cases involving demotions in grade. The trips will be authorized and coordinated with the Labor Management Relations Office in Washington, D.C.

J. Travel and Per Diem for Union Representatives. Union representative official time and travel and per diem provisions of this agreement shall normally apply only to designated union representatives. However, it is also understood that the Union at the local level may from time to time designate other employees to represent its interests and to participate in activities including rating panels, labor management meetings, partnership activities, or any other meetings called by management. Such employees shall be authorized official time, travel and per diem as necessary for participation in such activities consistent with the needs of the Service. The union shall make every practicable effort to rely on employees who are locally available for participation in such activities.

ARTICLE 8 - Facilities and Services

A. Union Use of Service Facilities.

(1) Meeting Space. Upon reasonable advance request by the Union, the Employer will provide meeting space, if available, in areas occupied by the Employer for meetings during non-duty hours. The Union will comply with all security, safety and housekeeping rules in effect at that time and place.

(2) Non-duty Hours. Employees attending meetings under Subsection (1) will do so only during non-duty hours or while they are in a leave status.

(3) Elections. Upon reasonable advance request, mutually agreed upon space will be provided, if available, by the Employer to be used in conjunction with elections governed by Local by-laws. The Union acknowledges that no responsibility for the safety or security of the ballot boxes is assumed by the Employer.

(4) Membership Drives & Materials. Upon reasonable advance request, management agrees to provide space for the purpose of membership drives and distributing Union issued materials. These activities will be conducted during break, lunch periods and non-duty hours and shall not interfere with the mission of the Service. Specific arrangements will be negotiated locally.

B. Facilities for Representation.

(1) Meeting Space. Upon reasonable advance request by the Union, the Employer will provide confidential meeting space, if available, during official hours of business, in areas occupied by the Employer, for the following purposes:

(a) Grievances / Appeals. Preparing or discussing a grievance or appeal;

(b) Caucusing. Caucusing immediately before, after, and during scheduled meetings with the Employer;

(2) No Internal Union Business. Nothing in this section shall be construed as permitting meetings or the use of management supplied equipment for the purpose of conducting internal union business.

C. Bulletin Boards

(1) Prominent and Accessible. Each Employer installation will provide bulletin board space in a place of prominence and reasonably accessible for posting material published by the Union or its affiliated Locals.

(2) Exclusive Use. In each District Office the Employer will provide to the Union for its exclusive use one locked bulletin board (of approximately three feet by four feet). The bulletin board will be permanently attached to the walls where building regulations permit such permanent installations. The Union may, subject to availability of suitable space, install at its own expense bulletin boards of up to three (3) by five (5) feet in addition to the bulletin board supplied by management.

(3) Restrictions. Material which does not violate any law, contain libelous material or personal attacks may be posted on union bulletin boards.

D. Access to Employees.

(1) Employee Lists. Upon request, but no more than annually, the Service will furnish to the Union, at the Regional level, for its internal use only, a list which will contain the names, grades, position title, and posts of duty of all employees in the local bargaining unit. The Regional Vice President will be supplied, on a monthly basis, a listing of bargaining unit personnel accessions and separations from each District, Service Centers, Asylum Office, Regional Office, Administrative Centers, or Headquarters. The parties recognize that errors may occur from time-to-time in regard to input and coding of data, and that the listings will not be construed as action by the Employer to unilaterally deny bargaining unit status to any employee, or to confer it.

(2) Employee Orientation. Each new employee, including transfers, as part of his or her orientation, will be given a presentation not to exceed twenty-five (25) minutes by the local Union representative. The Union representative will be invited to attend and will be in a duty status, and the orientation will cover only the labor relations law, the provisions of the Contract and Union/Management Agreements. No recruiting or other internal Union business may be conducted during the orientation

E. Reference Materials.

(1) Employee Use of CFR and AM. The Service agrees to continue to provide in each District a copy of the Code of Federal Regulations and the Administrative Manual (AM) for use of employees and the Union, and will keep such material up-to-date.

(2) CFR and AM. The Service will provide a copy of Title 5 of the Code of Federal Regulations and the AM to those installations where there are more than one hundred (100) bargaining unit employees.

(3) Council Copy of AM. The Service will provide a copy of the AM and subsequent changes to the National Council President, the Executive Vice-President and to the Regional Vice-Presidents of the Council.

F. Locker Rooms. To the extent that local conditions warrant and space and resources are available, the Service agrees to provide suitable space for changing uniforms and lockers for storage of employee uniforms. Whenever Service facilities are redesigned, renovated or when a new facility is contracted, the Service will, to the maximum extent possible, provide adequate locker space for all uniformed employees.

G. Contract Copies.

(1) Employee Copy. A copy of this Agreement will be printed and given to each employee in the unit.

(2) Printing. The Service agrees to reproduce and distribute (8 ½" by 11") copies of this Agreement, legibly printed, with blue cover including bold letters "Agreement 2000" to all employees currently assigned to the bargaining unit and those subsequently hired into the unit. It is further understood that proof copies of the agreement will be reviewed and approved by Service and Union prior to final printing of the agreement.

(3) Council and Local Copies. The Service agrees to provide six hundred (600) copies of the printed Agreement to the President of the Council and fifty (50) copies to AFGE and each Local Union in the Council.

H. Union Representatives Permitted on Government Property. National representatives of the Union and Council officers shall normally be permitted upon all Service installations. It is understood that such Union representatives shall request permission to visit in advance to the supervisor in charge of the installation. If the supervisor cannot approve the visit for valid operational reasons the supervisor will make an alternative arrangement for the official. Upon arrival, the official shall advise the supervisor of his or her presence. Such representatives shall not interfere with the work of employees of the installation during duty hours. Subject to the above restrictions, national representatives of the Union shall be permitted to participate in meetings between Local representatives and the Service.

I. Telephones. Telephones will be made available on a reasonable basis to Union officers to conduct Union representational activities as authorized under the provisions of Article 7 of this agreement.

J. Space & Equipment. The parties agree that providing Local Union office space and reasonable access to government equipment is in the best interest of the parties and of their partnership endeavors. The Service will provide office space and reasonable access to government office equipment to each local union.

K. Electronic Mail. Union officials are authorized the use the Service’s e-mail system. The Union may use the e-mail system to communicate informally with employees and the Service but not for strictly internal union business. The parties agree that internal union business is prohibited when using government-provided access to the Internet. The parties should be mindful of the fact that electronic mail messages are considered government records which may be accessed whenever a legitimate governmental purpose exists for doing so. Correspondence submitted through the e-mail system does not satisfy official notice requirements under this agreement.

L. INSERTS. The Service shall provide and update the Service’s CD-ROM titled "INSERTS" to all Local Presidents and all Council Officers. The Union shall provide the Headquarters Labor and Employee Relations Policy Section with a list of those officials (including addresses) of all officials who are to receive "INSERTS".

M. Telephone Cards. The Service shall provide all Council Officers, including staff assistants, with a telephone credit card which may be used for all calls except for internal union business or personal business.

N. Copy Machines. Copy machines will be made available to union officials, with management approval. There will be no use of copiers for internal union business. The Union will supply the paper for any copies made.

O. Fax Machines. Union officials, in the performance of their representational responsibilities, may make reasonable use of the Service’s fax machines to communicate with management officials, grievants and other Union officials, provided that the Union official concerned has sought and secured the permission of management. It is understood that documents pertaining to internal Union business are not to be transmitted over the Service’s fax machines. It is also understood that bargaining notices and demands are not to be served by fax communiqués unless the receiving party expressly consented to such means of service in regard to the particular matter at issue.

ARTICLE 9 - Impact Bargaining and Mid-Term Bargaining

A. Notice of Proposed Change. The parties recognize that from time-to-time during the life of the Agreement, the need will arise for Management to change existing Service regulations covering personnel policies, practices, and/or working conditions not covered by this Agreement. The parties are encouraged to engage in pre-decisional involvement prior to the agency’s formal presentation of proposals for working conditions under this article. If the parties are unable to reach an agreement through pre-decisional involvement or if pre-decisional involvement is not used, the Service shall present the changes and explanation of the changes, including the reason for the change(s) it wishes to make to existing rules, regulations, and, existing practices to the Union in writing. The Service recognizes that this obligation exists at the National, Regional and District level depending upon the level at which such changes originate. If the Service proposes a change in working conditions in locals in more than one region, such as for Telephone Centers or Service Centers, it shall serve the requisite notice on the Council at the national level. If the Union intends to exercise its bargaining rights regarding the proposed change, it must submit a timely bargaining demand including proposals, in accordance with the procedures and time frames specified below.

B. Bargaining Procedures. As applicable, mid-term bargaining shall be conducted in accordance with the following procedures and time frames:

(1) National Level Bargaining:

(a) Notice of Proposed Change. When bargaining is appropriate at the National Level, Management shall serve its notice of the proposed change upon the President of the Council or his or her designee.

(b) Demand to Bargain / Information. Within twenty-two (22) workdays after being served with the notice of the proposed change, the President of the Council, or his or her designee, may request any additional information necessary to clarify or determine the impact of the proposed change. At the same time they shall serve any bargaining demand in writing upon the Chief, Labor and Employee Relations Policy Section, INS Headquarters, or such other person as may have been identified for this purpose in the Service’s notice to the Union.

(c) Union Proposals. The Union will submit bargaining proposals with its demand to bargain. If the Union has requested additional information from management related to the proposal from management, amendments to the proposals may be made within fifteen (15) workdays of receipt of the information.

(d) Negotiations. If, following any informal discussions, the Parties are unable to reach agreement on the proposed change, they shall commence negotiations on a mutually agreeable date and site. Absent mutual agreement on a date for bargaining, such negotiations shall commence at 9:00 a.m. on the fifteenth workday following the date the Union’s proposals were first received by Management.

(e) Delays / Breaks. Once negotiations have commenced the parties recognize the obligation exists to bargain in good faith and will therefore avoid unnecessary delays. If a break in negotiations is necessary the parties will agree on a time and date to resume bargaining prior to any recess, whenever practicable.

(f) Bargaining Teams. Each Party will inform the other of the names of its bargaining team members at least five (5) workdays before the start of any negotiations. The Union’s bargaining team members will be accorded official time for all time spent in bargaining, including necessary travel time and impasse proceedings, provided that the number of such Union team members is not greater than Management’s bargaining team. The Service will also pay the travel and per diem expenses for such members of the Union’s bargaining team. To accommodate the bargaining process, Management will make such shift adjustments as may be necessary for those on the Union’s team who are entitled to official time for bargaining purposes.

(g) Additional Team Members. The parties agree that the Union team may have members in excess of those on Management’s team, not to exceed two (2), who will be on official time if an employee of the Service. Any necessary travel and per diem for such additional team members will be borne by the Union.

(h) Travel & Per Diem. The Service will pay the travel and per diem expenses for those members of the Union’s bargaining team who are entitled to official time as specified above.

(i) Equipment. Management will provide the Union bargaining team with access to office equipment as may reasonably be needed by the Union team in its negotiations with Management.

(2) Regional Level Bargaining: Except as modified below, the provisions applicable to National Level mid-term bargaining shall apply to Regional Level mid-term bargaining.

(a) Notice of Proposed Change. When bargaining is appropriate at the Regional Level, Regional Management shall serve its notice of a proposed change upon the appropriate Regional Vice President of the Council.

(b) Demand to Bargain / Information. Within ten (10) workdays after being served with the Region’s notice, the Regional Vice President or designee, may request any additional information necessary to clarify or determine the impact of the proposed change. At the same time the Union shall serve any bargaining demand in writing on the Head of the appropriate Administrative Center Human Resources Office or such other person as may have been identified for such purpose.

(c) Union Proposals. The Union will submit bargaining proposals with its demand to bargain, if the Union has requested additional information from management related to the proposal from management, amendments to the proposals may be made within fifteen (15) workdays of receipt of the information.

(d) Negotiations. If, following any informal discussions, the Parties are unable to reach agreement on the proposed change, they shall commence negotiations on a mutually agreeable date at a site within the Region as provided by Management. Absent mutual agreement on a date for bargaining, such negotiations shall commence on the fifteenth workday following the date the Union’s proposals were first received by Management.

(e) Consistent with Master. Agreements reached pursuant to Regional Level mid-term bargaining may not be inconsistent with the provisions of this Master Labor Agreement.

(f) Delays / Breaks. Once negotiations have commenced the parties recognize the obligation exists to bargain in good faith and will, therefore, avoid unnecessary delays. If a break in negotiations is necessary the parties will agree on a time and date to resume bargaining prior to any recess, wherever practicable.

(g) Travel & Per Diem. The Service will pay the travel and per diem expenses for members of the Union’s bargaining team not to exceed the number on management’s team but not less than two (2), which may include Council Officers as provided for in Article 7, or local officials. Any additional Union team members will have their travel and per diem costs borne by the Union. Team members for whom the Union is paying travel and per diem will also be on official time.

(3) Local Level Bargaining: Except as modified below, the provisions applicable to National Level mid-term bargaining shall apply to Local Level mid-term bargaining.

(a) Notice of Proposed Change. Local Management shall serve its notice of a proposed change upon the President of the appropriate Local affiliate.

(b) Demand to Bargain / Information. Within ten (10) workdays after being served with the notice of a proposed change, the Local President or designee may request any additional information necessary to clarify or determine the impact of the proposed change. At the same time they shall serve any bargaining demand in writing upon the District Director or such other person as may have been identified for this purpose.

(d) Negotiations. If, following any informal discussions, the local Parties are unable to reach agreement on the proposed change, they shall commence negotiations on a mutually agreeable date at a site within the District as provided by Management. Absent mutual agreement on a date for bargaining, negotiations shall commence not later than the tenth workday following the date the Local’s proposals were first received by Management.

(e) Bargaining Team. The local parties shall inform each other of their bargaining team members at least two (2) workdays before the start of any negotiations. Union bargaining team members equal in number to those on management’s bargaining team, but not less than two (2), will be granted official time for all time spent in bargaining including impasse proceedings.

(f) Travel & Per Diem. Management will pay the necessary travel and per diem expenses for no more than two members of the Union’s bargaining team, which may include Council Officers as provided for in Article 7, or local officials.

(g) Consistent with Master. Agreements reached pursuant to Local Level mid-term bargaining may not be inconsistent with the terms of this Master Labor Agreement.

C. Service of Notices and Demands. Service of all notices, requests, demands or documents provided for under this Article shall be accomplished either by personal delivery or by U.S. Mail-Return Receipt Requested. Applicable time limits shall begin to run from the date of receipt of the document that triggers the particular time limit. Service will be deemed timely if the required document is either personally delivered or deposited in the U.S. mail within the specified time limit. The parties agree that they will act in good faith in receipting for documents and will not attempt to evade the service of documents upon them.

D. Good Faith. The duties of the parties to negotiate in good faith under this Article shall include the obligation:

(1) Resolve to Reach Agreement. To approach the negotiations with sincere resolve to reach agreement;

(2) Duly Represented. To be represented by duly authorized representatives prepared to discuss and negotiate on the subjects authorized by this Article;

(3) Reasonable Times. To meet at reasonable times as frequently as may be necessary, and to avoid unnecessary delays.

E. Impasses. Impasses in impact and mid-term bargaining negotiations at the local level will be resolved in accord with Article 51 of this contract.

F. Post Implementation Bargaining. The parties agree that effective management of the Service and its resources is a mutual concern. The parties also agree that on certain occasions there is a need for expedited implementation of new policies or practices affecting conditions of employment. The provisions of this article apply to such situations. It is understood, however, that nothing in this Article precludes the Service and the Union from engaging in post implementation bargaining if mutually agreeable.

G. "Covered by the Agreement". Mid-term agreements may be negotiated at the level of recognition covering subjects or matters not specifically covered in this agreement. The parties agree that, notwithstanding the Federal Labor Relations Authority’s "covered by the agreement" rule, the Employer is required to provide the Union with notice and an opportunity to negotiate pursuant to this article with regard to management-initiated changes concerning the following matters:

(1) Tours of Duty. Implementation of new tours of duty and/or shifts including re-implementation of shifts not used in the previous twelve (12) months

(2) Work Sites. Establishment of new or substantially expanded work sites

(3) Discipline Regulations. Implementation of revised Department of Justice or INS regulations governing the administration of discipline

(4) Overtime. Changes in:

(a) Eligible Employees. The classes of employees eligible for overtime and

(b) Distribution Procedures / Caps. Procedures for distribution of overtime (including procedures for assuring compliance with statutory overtime caps and procedures providing for assignment of overtime to volunteers before making mandatory assignments).

ARTICLE 10 - Partnership and Labor-Management Relations

A. Information and Questions. The Employer and the Union recognize that providing Union representatives the opportunity to obtain information and ask questions about Employer programs and other matters of interest may contribute to the effectiveness of the labor-management relationship. Therefore, the Employer shall provide the Union with briefings and the opportunity to ask questions about matters of interest and concern at the national, regional, and local levels.

B. National Consultations. Representatives of the Employer and the Union shall meet at the national level annually or at such other times as may be mutually agreed. These meetings shall be conducted immediately following National Labor Management Partnership Council Meetings held in Washington, D.C. The purpose of these meetings shall be to provide information to the Union’s representatives and to permit the Union representatives to ask questions about matters of concern. An agenda covering the items to be discussed must be forwarded, in writing, to the Assistant Commissioner for Human Resources and Development at least thirty (30) calendar days prior to the scheduled meeting. Up to ten (10) additional agenda items may be submitted on the first (1^st) day of the meeting. Issues of concern about which information is provided may be appropriate subjects for resolution through National Labor-Management Partnership Council meetings or as subjects of negotiation at the time of renegotiation of this Agreement or pursuant to a notice of proposed change in conditions of employment, such as personnel policies, rules, regulations and/or working conditions in accordance with Article 9.

Union representatives, not to exceed five (5), will be in official time status while attending such meetings. The cost of travel, including per diem or actual subsistence, will be borne by the Employer. These national consultations shall be held for two (2) days, with travel being accomplished on official time. Any additional representatives the Union feels are required (not to exceed four (4)) for the meetings may attend on official time at Union expense.

C. Regional Consultations. Regional officials and Union representatives, not to exceed five (5), will meet annually or at such other times as may be mutually agreed and the representatives will be in official status while attending such meetings. These meetings shall be conducted immediately following Regional Labor Management Partnership Council Meetings. Such regional consultations meetings will not exceed two (2) days, with travel being accomplished on official time, provided it occurs during the regular workweek. The cost of travel and per diem will be borne by the Service. Any additional representatives the Union feels are required (not to exceed four (4)) for the meeting may attend, on official time, at Union expense. The purpose of Regional meetings will be to provide information to the Union’s representatives and to permit the Union representatives to ask questions about matters of concern. Agenda items to be discussed must be forwarded in writing to the appropriate Regional Director at least thirty (30) calendar days prior to the scheduled meetings. Such notice must be acknowledged promptly. Up to ten (10) additional agenda items may be submitted on the first (1^st) day of the meeting.

D. Local Consultations. Representatives of the Employer and the Union at the District level shall have the opportunity to meet quarterly or at such other times as may be mutually agreed for the exchange of views and information, the informal resolution of problems, and for the improvement of communications, understanding, and cooperation. between the Service and the Union. Where the Local President is located away from the District Office, the Employer shall pay travel and per diem for the Local President, when travel is required, to attend any quarterly meetings under this Section and for meetings called by management. The local parties may, by mutual agreement, substitute meetings of a local labor-management partnership council for the meetings specified in this paragraph.

E. Labor Management Partnerships

(1) Cooperative Relationship. The parties recognize the importance of working closely together for the purpose of promoting and improving a cooperative relationship by developing meaningful solutions to workplace issues.

(2) Partnership Councils .The parties have established joint Labor-Management Partnership initiatives and encouraged the establishment of Partnership Councils at all appropriate levels. Partnership Councils are the forum in which the parties can review, discuss, consider, and make recommendations to the Employer on matters relating to or affecting working conditions, employee morale, and efficiency of the agency’s operations.

(3) Duty Status. If otherwise in a duty status, Union representatives will be accorded reasonable official time for the performance of duties or endeavors undertaken at the direction of an established partnership council. Such official time must be requested and approved as provided in Article 7.

(4) Status of Partnership Agreements. When an agreement or an understanding has been reached by appropriate Management and Union representatives in regard to a particular matter pursuant to the endeavors of an established partnership council, the Parties recognize and agree that such understanding or agreement can be implemented within the Jurisdiction of the particular partnership council without following the procedures in Article 9.

F. Joint Master Agreement Training. The parties will jointly provide Master Agreement training for each local union and Service office. The Service will pay the cost of the Master Agreement joint training. Any training document for the joint training will be prepared jointly. Training will be done jointly; however, this does not preclude additional or independent training by each party nor does it prohibit either party from developing training material for its own training programs.

ARTICLE 11 - Protecting Against Prohibited Personnel Practices

A. Definitions.

(1) Prohibited Personnel Practice. For the purpose of this Article, "prohibited personnel practice" means any action described in Section B.

(2) Personnel Action. For the purpose of this Article, "personnel action" means:

(a) An appointment;

(b) A promotion;

(d) A detail, transfer, or reassignment;

(e) A reinstatement;

(f) A restoration;

(g) A reemployment;

(h) A performance evaluation under Chapter 43 of Title 5 of the United States Code;

(i) A decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subsection; and

(j) Any other significant change in duties or responsibilities which is inconsistent with the employee’s salary or grade level.

B. Prohibited Actions. Any employee of the Service who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority:

(1) Discrimination. Discriminate for or against any employee or applicant for employment -

(a) On the basis of race, color, religion, sex, or national origin, as prohibited under Section 717 of the Civil Rights Act of 1964;

(b) On the basis of age, as prohibited under Sections 12 and 15 of the Age Discrimination in Employment Act of 1967;

(d) On the basis of handicapping condition, as prohibited under Section 501 of the Rehabilitation Act of 1973, as amended; or

(e) On the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation.

(2) Non-merit Considerations. Solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of—

(a) An evaluation of the work performance, ability, aptitude or general qualifications of such individual; or

(b) An evaluation of the character, loyalty, or suitability of such individual.

(3) Political Activity. Coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity.

(4) Obstruct Competition. Deceive or willfully obstruct any person with respect to such person’s right to compete for employment.

(5) Influence Withdrawals. Influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment.

(6) Unauthorized Preference. Grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment.

(7) Relatives. Appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position any individual who is a relative (as defined in Title 5 of the United States Code) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in Title 5 of the United States Code) or over which such employee exercises jurisdiction or control as such an official.

(8) Whistleblower Reprisal. Take or fail to take personnel action with respect to any employee or applicant for employment as reprisal for—

(a) Disclosures. A disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences—

(i) A violation of any law, rule, or regulation; or

(ii) Mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive Order to be kept secret in the interest of national defense or the conduct of foreign affairs; or

(b) Special Counsel / Inspector General. A disclosure to the Special Counsel or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences—

(i) A violation of any law, rule, or regulation; or

(ii) Mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

(9) Appeal Reprisal. Take or fail to take any personnel action against any employee or applicant for employment as a reprisal for the exercise of any appeal right granted by any law, rule, or regulation.

(10) Outside Conduct. Discriminate for or against an employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others, except that nothing in this subsection shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States.

(11) Violation of Merit System Principles. Take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning the merit system principles contained in the Civil Service Reform Act of 1978.

C. Information to Congress. Nothing in Section B above shall be construed to authorize the withholding of information from the Congress or the taking of any personnel action against an employee who discloses information to the Congress.

D. EEO Affirmative Action. Nothing in Section B above, shall be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service under—

(1) Section 717 of the Civil Rights Act of 1964 prohibiting discrimination on the basis of race, color, religion, sex, or national origin;

(2) Sections 12 and 15 of the Age Discrimination in Employment Act of 1967, prohibiting discrimination on the basis of age;

(3) Under Section 6(d) of the Fair Labor Standards Act of 1938, prohibiting discrimination on the basis of sex;

(4) Section 501 of the Rehabilitation Act of 1973, prohibiting discrimination on the basis of handicapping condition; or

(5) The provisions of any law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation.

E. Redress Procedures.

(1) Elect Statute or Grievance. An employee aggrieved under Section B(l), above, may raise the matter under a statutory procedure or the grievance and arbitration procedure provided in this Agreement, but not under both.

(2) Effect of Election. An employee shall be deemed to have exercised his or her option under this section at such time as the employee timely initiates an action under the applicable statutory procedure or timely files a written grievance under the provisions of this Agreement, whichever occurs first.

(3) MSPB Appeal of Grievance. The selection of the negotiated grievance procedures contained in this Agreement to process a complaint of discrimination shall in no manner prejudice the right of an aggrieved employee to request the Merit Systems Protection Board (MSPB) to review the final decision in the case of any personnel action that could have been appealed to the Board or where applicable to request the Equal Employment Opportunity Commission to review a final decision in any other matter involving a complaint of discrimination of the type prohibited by any law administered by the Commission. Appeals to the Merit Systems Protection Board or the Equal Employment Opportunity Commission shall be filed pursuant to such regulations as the Board or the Commission may prescribe.

F. Exclusive Grievance Procedure. Except as provided in Section E, above, an employee may only file his or her complaint under the grievance and arbitration provisions contained in this Agreement.

ARTICLE 12 - Notice to Employees

A. Copy for Union Representative. An employee who receives a personally addressed notice, proposal or correspondence from the Employer concerning:

(1) An adverse action;

(2) A disciplinary action;

(3) A reduction-in-force;

(4) Denial of a within-grade salary increase;

(5) A fitness for duty examination; or

(6) An involuntary reassignment or transfer;

shall receive an additional copy which states at the top of the first page "The copy may at your option be furnished to your Union representative."

B. New Employees.

(1) Union Information. All new bargaining unit employees will be informed by the Employer that the Union is the exclusive representative of employees in the unit.

(2) Right to Join. The Employer will also inform each new bargaining unit employee that he or she has the right, freely and without fear of penalty or reprisal, to form, join and assist a labor organization or refrain therefrom.

(3) Contract. Each new bargaining unit employee shall receive from the Employer a copy of this Agreement.

C. Leave and Earnings Statements. Each employee will be furnished, on a biweekly basis, a NFC payroll earnings statement showing the employee’s total cumulative earnings and total cumulative deductions from the first yearly pay period in each standard category. The notice shall also contain annual leave and sick leave balances.

D. Workplace Injuries. The Employer agrees to provide an employee who is injured while in a duty status with a copy of the brochure entitled "When Injured at Work," within a reasonable time after the filing of an official accident or injury report, with no more than two (2) copies to be sent to an individual in one year.

ARTICLE 13 - Outside Employment

A. Permission. Employees may engage in outside employment, including self employment, only with the written permission of the Employer. Such employment must not result in, or create the appearance of a conflict of interest with official duties or with official business of the Service; or tend to impair the employee’s mental or physical capacity to perform official duties and responsibilities.

B. Request. Employees desiring to accept or undertake outside employment, including self-employment, shall request permission in writing, (on Form G-843, if available) and obtain written authorization from the Employer prior to commencement thereof. The request must include the following information:

(1) Identity of proposed Employer;

(2) Nature of work to be performed;

(3) Approximate remuneration involved;

(4) Anticipated maximum number of hours to be worked, and anticipated work schedule.

Voluntary Work. Employees can engage in voluntary work, except that an employee must obtain written approval before engaging in voluntary work involving:

(1) The practice of law, or

(2) A subject matter, policy or program that is in the area of responsibility of the Immigration and Naturalization Service.

C. Timeframes. An employee’s request must be submitted to the Employer at least fourteen (14) calendar days, prior to proposed commencement of outside employment or business activity. This time period is three (3) days in those cases where an employee has received a furlough notice.

D. Approval. The Employer will respond to the employee, approving or denying the request, as soon as possible but not later than ten (10) calendar days, after receipt of the request. If there is no response within ten (10) calendar days from receipt, the employee may assume there is no objection and begin in the outside employment or self employment. However, employees who have received less than ten (10) days advance notice of a furlough without pay may assume their requests have been approved if they have not received a response within three (3) calendar days from management’s receipt of their request. When the Employer denies a request, the employee will be advised of the reason therefor. The parties recognize that any approval (whether express or implied) to engage in outside employment may be withdrawn at anytime, provided the Service has a valid basis, as described above, for ordering the employee to cease his or her outside employment. The approval of outside employment for an employee earning AUO or LEA does not modify the eligibility requirements for AUO or LEA.

E. Applicable Law. The Employer agrees to follow all applicable laws and regulations regarding outside employment. The Employer shall not take actions regarding an employee’s outside employment which are arbitrary or capricious.

F. Practice of Law. Except for employees specifically exempted under the provisions of the Memorandum of Understanding between the parties found in Appendix 7, employees will not engage in the practice of law.

ARTICLE 14 - Retirement

A. Retirement Counseling. The Employer will provide a retirement counseling program describing benefits and eligibility, to be made available on an as-needed basis, in which all employees in the unit nearing eligibility for retirement may voluntarily participate. Employees nearing eligibility for retirement who have questions concerning retirement benefits will, upon request, receive an oral or written response.

B. Disability / Deferred Annuity. Each employee who separates voluntarily or involuntarily (except by retirement) will be informed by the Employer of the possibility of applying for a discontinued service annuity and eligibility for deferred annuity at sixty-two (62), provided he or she has at least five (5) years of civilian service and leaves his or her money on deposit with the Office of Personnel Management. Upon request, the Employer will inform an employee of his or her right to file an application for disability retirement provided the employee meets the length of service required for disability retirement (5 years for those under the CSRS and 18 months for those under the FERS system).

C. Withdrawal. An employee may withdraw a retirement application at any time prior to its effective date unless a commitment has been made to fill the vacancy created by the retirement or the position is scheduled to be abolished. However, if a vacancy exists within the duty station at the same grade and series, management will allow the employee to withdraw his/her retirement application.

D. LEO Retirement. The Employer agrees that employees who have questions concerning their eligibility for the special retirement benefits available to law enforcement officers, will, upon request, receive any and all Service, Department of Justice and Office of Personnel Management regulations relating thereto. Such requests may be made annually within five (5) years of retirement eligibility.

ARTICLE 15 - Development and Training

A. Employee Development. The Service and the Union agree that the training and development of employees within the unit is a matter of primary importance to the parties. The Service agrees to develop and maintain forward-looking effective policies and programs designed to achieve this purpose, consistent with its needs.

Through the procedures established in Article 10 of the agreement, the parties shall discuss training and development of employees.

B. Employee Initiative. The Service and the Union recognize that each employee is responsible for applying reasonable effort, time and initiative in increasing his or her potential value to the Service through self-development and training. Employees are encouraged to take advantage of training and educational opportunities which will add to the skills and qualifications needed to increase their efficiency in the performance of their duties and for possible advancement in the Service.

C. Fair and Equitable / Service Needs. The nomination of employees to participate in training and career development programs and courses shall be based on Service needs and will be fair, equitable and free of personal favoritism.

D. Schedule Variations. Employees may be granted variations within the normal workweek, including leave without pay, for educational purposes consistent with Service needs.

E. Individual Development Plan. The Service encourages the individual employee to develop a personal plan for career self-development. In developing this plan, the employees may seek counseling and advice from the supervisor. (See Article 3, Section D, for rights of employees to contact Human Resources Office or higher-level supervisor for advice). The Service agrees to provide lists and catalogs on available Service training.

F. Eliminated Positions. The Employer agrees that, when an employee is reassigned due to the position previously held having been eliminated, sufficient training as determined by the Employer will be given to the employee to enable him or her to perform the duties of the new position.

G. Out-service Training. The Employer will pay authorized expenses for out-service training at a facility, approved by the Employer when the following conditions have been met:

(1) The training has been applied for and approved in advance;

(2) Such training will enable the employee to increase his or her proficiency in the current position (i.e., the training is job-related);

(3) Existing training programs within the Service will not adequately meet the training need;

(4) It is not feasible to establish a new training program to meet the need effectively;

(5) Reasonable inquiry has failed to disclose the availability of a suitable and adequate program elsewhere in government;

(6) Funds are available to pay for the training program;

(7) The course is not being taken solely for the purpose of obtaining a degree; and

(8) The approval of such training will not create undue interference with operational requirements or an imbalance in staffing patterns.

H. Training Records. The Service will maintain records for all employees who receive Service training. The Service will assign training for trainee level positions consistent with applicable policy and the needs of the Service.

I. Union Recommendations. The Service encourages the Union to submit recommendations to the Commissioner or the Regional Administrators concerning employee training needs and programs. When establishing or modifying the content or structure of its training courses or programs, the Service will give careful and due consideration to any recommendations received from the Union.

J. Fair and Equitable Selection. The parties recognize that it is the Service’s right to assign duties in accordance with Part 7106 of Title VII of the Civil Service Reform Act of 1978 and that the types of duties assigned to employees may contribute to employee development. Therefore, supervisors will make assignments based on Service needs but will make reasonable efforts to be fair and equitable in this regard.

ARTICLE 16 - Classification

A. Union Participation. The Service encourages the Union to make known to the Service its views on the adequacy or inadequacy of occupational classification standards. The Service agrees to consider the Union’s oral or written views concerning the occupational classification standards when making recommendations to the Office of Personnel Management and will notify the Union, in like manner, of any action taken.

B. New Classifications. Classification decisions rendered by the Service or the Office of Personnel Management having the effect of establishing a grade level within an occupation hitherto nonexistent in that occupation, will be forwarded by the region in which the action is taken to the Headquarters Office for circulation of that decision and the basis for that decision to all regions. This information will be considered where appropriate in the subsequent classification of similar positions within the occupation throughout the Service.

C. Union Representation. When the employee designates the Union as the employee’s representative in a classification appeal, the representative may discuss the classification appeal with the classifier prior to the beginning of a desk audit. Sufficient time shall be allowed prior to the beginning of the desk audit for the designated representative and the classifier to arrange a mutually agreeable meeting date to discuss the classification appeal. The classifier will summarize his or her findings for the appellant and the Union representative.

D. Desk Audits. Headquarters and Regional Classifiers may continue to make visits or telephone calls to field position locations to conduct desk audits of the different Service positions. Notice of the visit of the classifier will be posted as far in advance as possible on the bulletin board of the station he or she intends to visit.

E. Position Descriptions. The Service will provide every employee of the Service with an accurate description of his or her duties which may govern his or her grade. The employee will be encouraged to discuss any changes or inaccuracies with the supervisor who will also maintain a continuing review of duties.

F. Request for Desk Audit. If an employee has a question concerning his or her classification or position description, he or she is entitled to discuss his or her position description with his or her supervisor. Upon request of the employee, a Union representative may be present during this discussion. If the employee wishes to further pursue the question, he or she may forward a written request to the servicing Human Resources Office. The servicing Human Resources Office will either answer or acknowledge receipt of the request in writing within thirty (30) days, providing an estimate of the additional time needed to reply.

G. Effect of Lower Graded Duties.. The parties agree that where lower graded duties not addressed in the employee’s position description are assigned to an employee on a continuing basis to meet the needs of the agency, this will not adversely affect the employee’s salary or classification and the devotion of time to such duties will be recognized through an appropriate adjustment in assigned performance standards.

ARTICLE 17 - Safety and Health

A. Safe and Healthful Working Conditions. The Service agrees to provide safe and healthful working conditions, taking into account the mission of the Service and the inherent hazards of the job performed. The parties shall be governed by the Safety and Health Regulations contained in the I&NS Administrative Manual (AM) and this Agreement. Safety and Health Committees consisting of union and agency representatives will meet at the national and regional level as provided in the AM.

B. Safety and Health Committees. Safety and health committees are an important part of the Service Safety and Health Program as they form a chain of communication between employees and Management. They are in an excellent position to give program advice to appropriate levels of Management. With respect to Safety and Health Committees, the term District will include Regional Processing and Service Centers, Regional Offices, Asylum Offices, Headquarters Office, FLETC/Glynco, GA., and FLETC/Artesia, New Mexico, when a local representative is available at the facility. Where such Districts, Offices or Centers are co-located, the formation of a unified committee is appropriate if mutually agreeable to the union local and each activity head.

Where the term District Director is used in this article it is understood that certain Service facilities are under the control of officials other than District Directors. At those facilities the appropriate official shall be responsible for matters under this Article.

(1) Membership. Each Safety and Health Committee shall be composed of at least one representative of Management and at least one representative of the Union per local. The Management representative shall be designated by the Service. The Union representative shall be selected by the Union.

(2) Meetings. The Safety and Health Committee will meet as often as necessary upon the request of either party, but as a minimum, the committee will meet once every year to inspect facilities. The annual inspection will include a review of ergonomic conditions in the workplace. Copies of the minutes of the meeting and inspection reports will be submitted to the Director for correction of unsafe/unhealthful working conditions or practices observed or reported. A copy of the minutes/inspection report and the written response will be furnished in a timely fashion from the Director to the committee and will be posted on the District bulletin board for the information of all employees. Copies of the minutes will be forwarded to the Regional Administrators, Regional Safety and Health Specialist and Regional Program Manager.

(3) Purpose of Meeting. Committees will meet to discuss methods for protecting the safety and health of employees, promoting safety and health education, promoting and implementing the Service and Regional Safety and Health Programs, the development and implementation of a Safety and Health Program as it applies to the District, conduct annual inspections of facilities and the recommendation of deserving employees for safety awards in accordance with the AM.

C. Union Participation. The Union agrees to participate on the Committee and will endeavor to have its members observe all safety rules and use all equipment and safeguards provided. Members of the Committee, upon request and with the approval of the Director, shall be allowed to leave their work, for the purpose of performing their duties as outlined in this Article, without loss of pay or charge to leave.

D. Duty to Report Unsafe Conditions. In the course of performing their normally assigned work, employees will be alert to observe unsafe practices and conditions. If an unsafe condition is observed, the employee should report it, in writing, to a member of the Safety and Health Committee.

(1) Review and Report Unsafe Conditions. The Committee shall meet within five (5) workdays of notification that a question has arisen and shall issue its recommendations, in writing, to the Director no later than ten (10) workdays after their meeting, In the event that the members of the Committee do not agree on the recommendations, any of the members shall have the right to express a written minority view.

(2) Director Decision. The written decision or an interim response of the Director shall be rendered within ten (10) workdays after receipt of the Committee’s recommendations.

(3) Grievance. In the event that the decision of the Director does not satisfactorily resolve the problem, the employee or the Union may file a grievance pursuant to Article 47 of this Agreement, except that all such grievances shall be presented within ten (10) workdays at Step III of the grievance procedure, and insofar as the subject matter would be negotiable under the Civil Service Reform Act of 1978.

(4) Identical Grievances. When the parties become aware of identical grievances on safety issues arising under this section, involving two or more Districts, subject to the consent of the Union, one grievance shall be selected by the Union for processing. All decisions for that grievance will be binding on the other safety grievances.

(5) Injury Logs. Copies of the OSHA 200 log maintained by each office will be provided to the Safety and Health Committee for investigation of related unsafe conditions. The parties agree that any confidential or private information contained in the OSHA 200 Log may be redacted prior to submission to the committee.

E. Vehicle Safety. Service policy prohibits the use of vehicles not in safe operating condition. The Service will continue to require periodic inspection of all vehicles in order to insure a safe operating condition at all times. It is clearly the responsibility of any vehicle operator to report, in writing, all vehicle malfunctions or deficiencies to the person responsible no later than the end of the tour of duty; who, in turn, will be responsible to take immediate action to see that needed repairs are made. Negligence in reporting vehicle damages may be grounds for disciplinary action being taken against the responsible operator.

F. Service Handbook. The Service agrees to amend the appropriate Service handbook to incorporate changes relating to Service safety procedures which both the Union and the Service agree are necessary.

G. Special Hazards / Imminent Risk. When duties involving special hazards must be performed, the Service will provide reasonable training or indoctrination to the employees involved concerning the hazards and the proper work methods to be used. When an employee or the Union believes that the employee is being required to work under conditions which are unsafe or unhealthy beyond normal hazards inherent in the operation in question, he or she shall refer the matter to his or her supervisor. This may include situations where staffing levels are not in keeping with the demonstrated levels of risk. The supervisor will make an evaluation of the working conditions and direct that the work either be continued or stopped. If the supervisor directs that the work continue, the employee (or Union official) may, if time permits, immediately escalate the request for review of the matter to the second line supervisor. However, if time does not permit such an escalation, the employee must obey the order of the supervisor unless the employee reasonably believes that obeying the order would expose the employee to a health or safety hazard presenting an imminent risk of death or serious bodily harm.

H. Weather Shelter. Immigration Inspectors shall not be prohibited from using inspection booths or other available shelter during inclement weather conditions while not actually engaged in the inspection.

I. Meal Breaks / Lunch Rooms. Employees assigned to District and to Regional Offices and to the Headquarters Office should be accorded an uninterrupted lunch period between the third (3^rd) and fifth (5^th) hours of duty where lunch periods are customarily taken to the maximum extent possible. Lunch periods may fall outside the 3^rd and 5^th hours of duties in offices where alternative work schedule arrangements are in place. The Service shall provide clean and healthful lunch rooms for the consumption of food, to the maximum extent possible, for all Service employees. Arrangements within Districts for lunch periods will be subject to supplemental negotiations.

J. Day Care / Housing. The Service agrees to cooperate with other local and Federal agencies whose function it is to provide assistance to locating day-care centers and low-cost housing.

K. GSA Facilities. The Service, following the recommendations of the Safety and Health Committees, as provided in Article 17, Section B, will contact the General Services Administration or Management of the responsible facility to correct problems relating to safety and health that are their responsibility to correct.

L. Immunizations. Subject to the availability of funds, the Service will provide appropriate immunizations in accordance with established procedures for employees who have reached their fortieth (40^th) birthday and have five (5) continuous years of service in the Service, at no expense to the employee.

M. Unsafe Condition Move. In the event of a relocation of an office that involves the safety or health of employees, the Union will be notified (in accordance with Article 9A of this agreement) in advance of such a move.

N. Safe Staffing. The safety and health of all employees is a foremost concern of the Service, and will be considered when employees are required to work after hours or overtime. Ensuring adequate staffing is an essential part of maintaining a safe and healthy workplace. When overtime assignments are required to ensure safety, such assignments shall be made in a fashion consistent with applicable agreements regarding overtime distribution.

O. Employee Responsibility for Safety. The Union will endeavor to have its members observe all safety rules and use all equipment and safeguards provided. In the course of performing their normally assigned work, employees will be alert to observe unsafe practices and conditions. If an unsafe condition is observed, the employee should report it to his or her supervisor or a member of the Union-Management Safety and Health Committee in accordance with the AM.

P. Assistance for Handicapped Employees. The Employer agrees to develop procedures to assure that all handicapped employees are provided appropriate assistance to evacuate buildings in case of emergencies.

Q. Federal Employee Health Benefits (FEHB). The Employer agrees to furnish each employee, on a timely basis, a copy of each of the following:

(1) Open Season Instructions;

(2) Information to consider in choosing a health plan; and

(3) Biweekly Health Benefits Rates.

Such distribution shall be made by the Employer to the extent such brochures are available to it from the normal sources of supply.

R. TB Screening. Subject to fund availability, the Service will conduct a voluntary screening program for Tuberculosis.

ARTICLE 18 - Injury Compensation

A. Workplace Illness / Injury. When employees or their representatives report an illness or injury has occurred in the performance of official duties, the employees at their request will be promptly counseled by trained personnel as to their right to file for compensation benefits and the benefits payable. The employees also shall be advised as soon as possible that compensation benefits can be used in lieu of sick or annual leave. The Service will give appropriate assistance to the employee in filing a compensation claim.

B. Continuation of Pay / Leave. The Service and Union understand that injury compensation cannot be paid for any period when an employee is on paid leave. If at the time disability begins the injured employee has sick or annual leave to his or her credit, he or she may decide whether to use all or part of it before applying for injury compensation benefits. An employee who suffers a traumatic injury, may obtain continuation of pay for absences caused by the traumatic injury in accordance with 5 U.S.C. 8118. If the employee should be charged for sick or annual leave (or if he or she is so charged because he or she was not informed of the possibility of injury compensation benefits) he or she may repay, in a lump sum or by any other plan acceptable to his or her payroll office, the amount collected while on annual or sick leave. This repayment would permit him or her to qualify for injury compensation provided all other conditions are met.

C. "Pamphlets and Forms

(1) "When Injured at Work". The Employer agrees to provide an employee who is injured while in a duty status with a copy of the brochure entitled "When Injured at Work," within a reasonable time after the filing of an official accident or injury report, with no more than two (2) copies to be sent to an individual in one year.

(2) "Authorization for Examination and/or Treatment" (CA-16). If the employee requires medical treatment because of a work-related traumatic injury, the supervisor should complete the front of Form CA-16 "Authorization for Examination and/or Treatment" within 4 hours of the request. In an emergency, where there is not time to complete the form, the Employer may authorize medical treatment by telephone and then forward Form CA-16 to the medical facility within 48 hours. Form CA-16 may not be used to authorize treatment for occupational disease or illness except if OWCP authorizes such use in an individual case.

D. Document Review. Employees will be permitted to review documents relating to their claim which the Office of Workers’ Compensation Programs has authorized the appropriate Regional Human Resources Office to make available. Employees may be accompanied by their designated representative if they so desire.

ARTICLE 19 - Fitness for Duty Examination

A. Fitness for Duty Examination. In directing employees to undergo a fitness for duty examination, the Service will observe applicable rules and regulations.

B. Right to Union Representation. Employees will be advised of their rights to have a Union representative at any time allowed, or not prohibited, by Civil Service procedures. Employees may also be represented by an attorney or any other person of their choice.

ARTICLE 20 - Disabled Employees

A. Light Duty. If the treating physician of an incapacitated or injured employee (or a physician of the Service) certifies that the employee is capable of performing light duty work, the employee will be assigned such light duty work on a temporary basis as may be available and which the employee is capable of performing. The Parties understand that this provision does not obligate Management to create light duty work or light duty overtime work but only to temporarily assign it to qualified employees to the extent that it is available and necessary.

B. Restored to Duty. An employee who suffers a compensable illness or injury and later, within one year after commencement of benefits, recovers from such injury or illness and meets the physical requirements of the position to which he or she is being assigned will be restored to duty in the former or an equivalent position in accordance with 5 U.S.C. 8151 and 5 CFR 353.307 et. seq.

ARTICLE 21 - Personnel Records

A. Official Personnel Folders. Official Personnel Folders (OPF) will be maintained in accordance with applicable laws and regulations. Only information authorized by law or regulation will be maintained in the OPF.

B. Copy of Documents and Right to Respond. Each employee or his or her personal representative designated in writing will, upon request, and in accordance with the provisions of the Freedom of Information Act and/or the Privacy Act, be given a copy of any document contained in his or her OPF or Employee Performance Folder (EPF) with the exception of records restricted by law or regulation. The employee shall have the right to prepare and file on the temporary side of the OPF a concise statement of disagreement (no more than two pages) with any letter of reprimand, suspension, or demotion within ten (10) days of the effective date of the action. If the employee elects to file such a statement, a copy of the proposal (if applicable) and decision letter on which the action is based will be placed on temporary side of the OPF. When the document for which the employee files a statement of disagreement is removed from the OPF, the statement of disagreement will also be removed. Nothing in this Article shall negate an employee’s right to grieve any matter.

C. Unauthorized Disclosure. No record, file or document filed in the OPF or EPF which is not available to the employee or his or her representative for inspection will be made available to any unauthorized person for inspection or photocopy. Such information will be made available to any authorized person only for official use.

D. Procedures to Review. Requests for access to OPF or EPF shall be made in writing through channels to the appropriate Headquarters or Regional Human Resources Office. The review of the OPF or EPF will normally take place at the requesting employee’s place of assignment. Where this is not feasible it will take place at a site mutually agreed upon by the employee and/or Union representative and the Employer.

E. Derogatory Material. No derogatory material of any nature which might reflect adversely upon the employee’s character or Service career will be placed in his or her OPF without his or her knowledge.

In the interest of strengthening supervisor-employee relationships, supervisors will discuss employee work performance or work deficiencies with involved employee on a timely basis.

F. Results of Investigation. When a formal investigation of an employee’s alleged misconduct is conducted under the auspices of the Service’s Office of Internal Audit (or successor), and or the investigative report of the Inspector General or Office of Professional Responsibility is reviewed by the Service and the Service determines that misconduct did not occur, the Service will notify the employee in writing. Such notification shall be provided unless prohibited by law or applicable regulation. The Union acknowledges that the Service may not be authorized under law to release or reference specific investigations conducted by an agency external to itself.

ARTICLE 22 - Performance Appraisal

A. Authority of Arbitrator. Pursuant to the provisions of the Civil Service Reform Act of 1978, and regulations prescribed by the Office of Personnel Management, the Parties recognize that an arbitrator has jurisdiction to hold management to carry out the provisions of Administrative Manual on Performance Appraisals, which provides the performance appraisal system for bargaining unit employees, including periodic appraisals of the job performance of employees, encouraging employee participation in establishing performance standards, and use of the results as a basis for training, rewarding, reassigning, promoting, reducing in grade, retaining, and removing employees.

B. Revised AMs. In recognition of the fact that provisions of AM Chapter on Performance Appraisals are in the process of being revised, the Parties further agree as follows:

(1) when the revisions have been completed and approved by both Parties, the provisions of this Article will apply to AM Chapter on Performance Appraisals as revised; and

(2) as revised, AM Chapter on Performance Appraisals will be incorporated into this agreement as an appendix.

ARTICLE 23 - Reduction-in-Force, Transfer of Function and Reorganization

A. Workforce Adjustments. The Service and the Union jointly recognize that occasions may arise where adjustments of the work force may be necessary either by reduction-in-force, transfer of function, or reorganization.

B. Definitions.

(1) Reduction-in-Force. A reduction-in-force means the release of employees from their competitive level by separation, demotion, furlough for more than thirty (30) days, or reassignment requiring displacement; when lack of work or shortage of funds, reorganization, insufficient personnel ceiling, reclassification due to change in duties, or the need to replace a person exercising reemployment or restoration rights requires the Service to release the employee.

(2) Transfer of Function. Transfer of function 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 is virtually identical to functions already being performed in the other competitive areas affected; or the movement of the competitive area in which the function is performed to another commuting area.

(3) Reorganization. For the purpose of this article, "Reorganization" means the planned elimination, addition, or redistribution of functions or duties in an organization that result in an employee’s release from a competitive level by separation, furlough for more than thirty (30) days, demotion or reassignment.

C. Employee / Union Notification. Except in the case of furloughs due to unforeseeable circumstances beyond the control of the Service, prior to official notification of employees, the Union will receive ten (10) days advance notice of any pending reduction-in-force or transfer of function or reorganization. This notice, in writing, will include the reasons for the reduction-in-force, transfer of function or reorganization, the approximate number and types of positions affected, the approximate date of the action, and an invitation to the Union to a meeting conducted by the Service to explain the reduction-in-force, transfer of function or reorganization procedures, and answer relevant questions.

D. Minimize Adverse Impact. The Service will attempt to minimize actions that adversely affect employees which often follow reduction-in-force by using, to the extent feasible, attrition to accomplish reductions. All reductions-in-force will comply with applicable laws and regulations.

E. Advance Notice. Except in the case of furloughs due to unforeseeable circumstances beyond the control of the Service, the Service agrees to provide affected employees as much advance notice of reduction-in-force as is administratively possible but in no case will such notice be less than sixty (60) calendar days. All such notices shall contain the information required by Office of Personnel Management regulations.

F. Applicable Laws. All reductions-in-force, transfer of function and reorganizations will be carried out in compliance with applicable laws, and any alleged failure to comply with such laws and regulations will be processed in accordance with the grievance procedure set forth in Article 47, of this agreement, or for cases appealable to the MSPB, in accordance with their rules.

G. Retention Registers. Employees receiving a reduction-in-force notice have the right to review retention lists pertaining to all positions for which they are qualified. This includes the retention register for their competitive level and those for other positions for which they are qualified, down to and including those in the same or equivalent grade as the position offered by the Service. If separation occurs, this includes all positions equal to or below the grade level of their current positions. Affected employees shall have the right to the assistance of the Union when reviewing such lists of records.

H. Offers of Employment. Affected employees shall have a minimum of five (5) calendar days in which to accept or reject, in writing, an offer of another position. Failure of employees to respond, in writing, to the offer within the time limits will be considered a rejection of the offer.

I. Management Responsibilities. The Service will:

(1) Inform Employees. Inform employees of plans for the transfer of function and the governing regulation after a decision has been made;

(2) Written Notification. Notify the employee of the proposed plan, in writing, so that the employee will be able to consider the action and give a reasonable answer. Where the transfer of function is to another commuting area, the employee shall have no less than thirty (30) calendar days to accept or reject the position offered;

(3) Placement Assistance. Assist and counsel affected employees in seeking placement opportunities with other Federal agencies or elsewhere in the community; and,

(4) Retirement and Severance. Counsel employees on individual rights relating to such matters as retirement and severance pay.

J. Minimize Adverse Impact. The Service will attempt to minimize actions that adversely affect employees which often follow a reduction-in-force by using, to the extent possible, attrition to accomplish reductions.

In the event career or career-conditional employees are separated by reduction-in-force the Service will refer these names to the Department of Justice for inclusion on the appropriate reemployment priority list in accordance with governing regulations. Employees will be given preference for reemployment consistent with governing regulations.

The Service will provide affected employees information regarding employment possibilities with other government agencies, retirement, severance pay and other benefits available to them.

K. Automation and Technology Changes. The parties agree that technological changes such as automation and re-engineering are desirable for the efficient operation of the Service. However, decisions and actions concerning the impact of these changes should be made with a full awareness of employee morale. In light of this, when changes affect the classification, or status of positions covered by this Agreement, the Service will meet with the Union to discuss these changes. The Service will attempt to minimize the adverse impact of these changes by using attrition and reassignment.

L. Transfer of Function to Other Agency. In the event of a transfer of function of Service activity to another government entity, the Service will solicit the cooperation of the gaining agency in explaining the ramifications of such a change to the Union.

M. Eliminated Positions. The Service agrees that, when an employee is reassigned due to the position previously held having been eliminated, sufficient training as determined by the Employer will be given to the employee to enable him or her to perform the duties of the new position.

ARTICLE 24 - Firearms and other Weapons

A. Authorization to Carry.

(1) Management Right. Determinations as to when, where, under what circumstances, and which employees shall be authorized or required to carry firearms and/or other weapons are reserved to the Employer. The Employer shall make determinations concerning firearms consistent with the requirements of the firearms policy.

(2) Specific Authorization. Those employees not specifically authorized by the Employer to carry firearms or other weapons are prohibited from carrying weapons in connection with their employment.

B. Employee Responsibility.

(1) Laws, Regulations and Policy. All employees authorized to carry firearms and/or other weapons shall adhere to established laws, regulations, and policies governing the use and control of such weapons.

(2) Policy Training. All employees authorized to carry firearms shall be informed of the Justice Department policy concerning Department representation in Federal, State, Civil or criminal proceedings with respect to employment-related matters.

C. Quarterly Qualifying. Employees who are required and/or authorized to carry firearms must qualify quarterly, shall be provided ammunition, official time, and supervision/instruction consistent with outstanding policy of the Service.

D. Effect on Inspectional Overtime. The qualifications requirements of the Inspections firearms policy are not intended and should not be used to provide a basis for denying inspectional overtime to any eligible employee solely by reason of his or her occupation group, as provided in the applicable memorandum of understanding of October 5, 1989. The parties understand that this does not require the Employer to permit employees to carry firearms if they are not qualified to do so.

ARTICLE 25 - Uniforms and Appearance

A. Employee Suggestions.. The Service agrees to notify the Council President within twenty-two (22) workdays of receipt in the Headquarters of all employees’ suggestions regarding uniforms.

B. Union Notification. The Service will notify and discuss with the Union all proposed uniform changes, additions and deletions, prior to circulation to the field.

C. Uniform Allowance. Uniformed employees covered by this agreement shall receive a uniform allowance of not less than five-hundred dollars ($500.00), per annum effective FY 2002 and said allowance shall increase at a rate of twenty-five dollars ($25.00) per annum each year thereafter. These increases are contingent on continued Legislative authorization.

D. Uniform Selection.

(1) Short or Long Sleeve / Neckties. An officer may choose to wear either the short sleeve or long sleeve uniform shirt in order to adapt to various climatic or environmental conditions. Neckties will be worn with the long sleeved uniform shirts or with dress uniform coats.

(2) Rough Duty Uniform. The decision as to when to wear a rough duty uniform is a matter appropriate for local supplemental negotiations under Article 50.

(3) Leather / Synthetic Equipment. All leather goods for uniform wear shall be made of high quality, black, untooled leather or a similar synthetic material when the employee wears the rough duty uniform. Such synthetic material gear will be purchased from the uniform catalogue. Leather equipment shall be kept dyed and shined, and shall be replaced when it is cracked or worn out. All leather goods for plainclothes wear shall be well made of high quality leather and maintained in good serviceable condition. In all cases, the style and design of holsters and other leather goods will meet the specifications contained in Service regulations.

E. Uniform Inspection. Bringing all uniform items to formal inspections shall not be necessary after all required uniform items have been purchased and inspected by the appropriate supervisory officer. Thereafter, officers may be required to appear for formal inspection semiannually, once in winter dress uniform and once in summer dress uniform.

F. Uniformed Officers

(1) Groomed Appearance. Uniformed immigration officers need to maintain a professional and neatly groomed appearance. Accordingly, the following standards shall apply to all uniformed personnel.

(a) Hair Grooming. Head and facial hair, including sideburns and moustaches shall be neatly trimmed and clean, and shall neither interfere with the wearing of the required uniform nor constitute a safety hazard or an impediment to the employee’s ability to properly perform his or her assigned duties.

(b) Hair Length. Hair shall not be worn below the bottom of the outer shirt collar (as measured when the officer is standing), nor cover any portion of the eyebrows.

(2) Facial Hair.

(a) Beards. Beards shall not be permitted, except for religious and/or documented medical reasons.

(b) Sideburns. Sideburns may not extend below the bottom of the earlobe, and may not be more than ¾" wider than at their narrowest point.

(c) Moustaches. Moustaches may not extend more than ¾" sideways from the corner of the mouth and/or more than ½" down from the corner of the mouth. Moustaches may not touch the lower lip when the mouth is closed. Handlebar moustaches are not permitted.

(3) Jewelry. Necklaces (other than a small portion of the chain) shall not be visible. "Choker" chains are not permitted.

(4) Tattoos.

(a) Obscene / Offensive. Obscene, racially/ethnically derogatory and/or criminal gang tattoos shall not be visible.

(b) Grievance Procedures. Any disputes concerning whether a tattoo falls within the foregoing parameters may be grieved and referred to expedited arbitration in accordance with Article 48. Pending the outcome of the arbitration, such tattoos shall not be visible.

G. Fatigue Clothing. Management will provide special agents and deportation officers fatigue clothing suitable for the protection of civilian clothing when working in environments which warrant such protection. Fatigue clothing will be stored at the official duty stations.

H. Female Uniforms. Female Immigration Inspectors and female information officers shall be allowed the option of wearing either the authorized uniform skirt or uniform slacks. The color of women’s hose will be the natural flesh tones of the wearer.

I. Raid Jackets / Vests. An adequate supply of raid jackets and bulletproof vests will be maintained at the work site consistent with the Service’s soft body armor policy.

J. Non-uniformed Beards. Non-uniformed employees will be allowed to have a neatly trimmed beard of such a length as to not present a safety hazard.

K. Non-uniformed Appearance. Non-uniformed employees will maintain a professional appearance, consistent with norms prevailing in the local community. Employees shall be attired in a manner appropriate for their position and the duties being performed, such as office duty, court duty, field duty, rough duty or undercover assignments. The parties recognize and agree that this provision shall not preclude employees from participating in casual dress days such as "dress down Fridays" where such practices now exist or are subsequently established through local supplemental bargaining.

L. Nametags. The parties recognize that officer safety is matter of critical importance. When management becomes aware that an employee, as a result of the performance of official duties, has been subjected to threats, harassment or other conduct leading to a reasonable fear on the part of the employee for the safety of the employee and/or his or her family, the Employer shall take action as follows.

(1) Numbered Name Plate. The Employer will promptly discuss the matter with the employee and shall authorize the use of a numbered badge or numbered name plate in lieu of a regular nametag for a period of not less than 120 days while the incident is reviewed.

(2) Extensions. At the end of 120 days, management may extend the authorization to use the numbered identification in lieu of the nametag in 60 day increments pending the outcome of the review.

(3) Other Actions. The agency may also take such other action as may be appropriate, including, but not limited to, reimbursing the employee for the cost of an unlisted telephone number, contacting local and Federal law enforcement authorities and/or relocating the employee if the employee and Service agree that such action is necessary.

(4) Written Statement. As soon as practical, the employee will provide management with a written statement outlining the threat, which will be used by management as the basis for conducting a review.

ARTICLE 26 - Travel

A. Reimbursement.

(1) Federal Travel Regulations. Employees shall be reimbursed for travel on official business in accordance with law and the Federal Travel Regulations and interpretations thereof by the Comptroller General of the United States and or interpretations of the Administrator, General Services Administration and in accordance with this Agreement.

(2) Changed Rates. The parties agree that any change in rates or reimbursements to Federal employees by law or regulation during the life of this Agreement will be adopted on the effective dates of the changes.

B. Definitions.

(1) "Regular duty station" is defined as: (1) the work location (such as station headquarters office, border crossing, airport) to which an employee is assigned permanently or, (2) if 50 miles or less from the employee’s official duty station, any work location to which the employee is assigned as part of a predetermined rotational schedule.

(2) "Temporary duty station" is defined as any job site which is not the employee’s regular duty station. The parties agree that the definition of temporary duty station is applicable for determinations of mileage and other related travel expenses subject to reimbursement.

(3) "Official duty station" is defined as the area, or, in the case of larg