MASTER AGREEMENT

PREAMBLE

The Federal Bureau of Prisons acknowledges that the participation of its employees in providing input into the development of personnel policies, practices, and procedures which affect conditions of employment, and their assistance in the implementation of policies, practices, and procedures, contributes to the effective operation of Bureau facilities. The Bureau of Prisons will develop and maintain constructive and cooperative relationships with its employees, through their exclusive representative, where applicable, the Council of Prison Locals and the American Federation of Government Employees. The parties respect the rights granted to Management, employees, and the Council of Prison Locals by the Civil Service Reform Act of 1978, as amended.

The parties recognize that efficient and effective service is a paramount requirement and that public interest requires the continual development and implementation of modern and progressive work practices to facilitate improved employee performance and efficiency.

Moreover, the parties recognize that the administration of an agreement depends on a good relationship. This relationship must be built on the ideals of mutual respect, trust, and commitment to the mission and the employees who carry it out. Therefore, the Federal Bureau of Prisons and Federal Prison Industries, Inc., hereinafter referred to as "the Employer" or "the Agency," and the Council of Prison Locals and the American Federation of Government Employees, hereinafter referred to as "the Union" or "exclusive representative," do hereby agree to:

(A) focus on problems and ways to deal with them;

(B) recognize the needs of the other party;

(D) recognize that the employees are the most valuable resource of the Agency, and are encouraged, and shall be reasonably assisted, to develop their potential as Bureau of Prisons employees to the fullest extent practicable.

This Agreement and such supplementary agreements and memorandums of understanding by both parties as may be agreed upon hereunder from time to time, together constitute a collective agreement between the Agency and the Union.

ARTICLE 1- RECOGNITION - RECOGNITION

Section a. The Union is recognized as the sole and exclusive representative for all bargaining unit employees as defined in 5 United States Code (USC), Chapter 71.

Section b. The Employer recognizes the Union as the exclusive bargaining agent under the provisions of the Federal Service Labor Management Relations Statute, 5 USC, Chapter 71, 7101 et. seq., hereinafter referred to as "the Statute," and the Civil Service Reform Act of 1978, of all of the employees in the unit, as the recognized Union for bargaining purposes with respect to conditions of employment of employees represented by the Union. The Union has the full authority as provided by Statute to meet and confer with the Agency for the purpose of entering into negotiated agreements, concerning changes in conditions of employment covering bargaining unit employees, and to administer this Collective Bargaining Agreement.

Section c. The former Director, Bureau of Prisons, Commissioner, Federal Prison Industries, Inc., Myrl E. Alexander, in a letter dated January 17, 1968, said letter being issued in accordance with Executive Order 10988, did certify the Council of Prison Lodges (currently known as the "Council of Prison Locals") exclusive recognition as the representative of all employees employed by the Federal Bureau of Prisons, with the exception of the employees of the Central Office. The term "employee" as used in this Agreement means any employee of the Employer represented by the Union and as defined in 5 USC, Chapter 71.

Section d. The Union will have access, using predetermined entry procedures, to properly represent bargaining unit employees located in contract/privatized facilities, in accordance with this Agreement and applicable laws, rules, and regulations.

The Agency will provide a list of all bargaining unit employees working in a contract facility to the Council of Prison Locals President and appropriate Regional Vice President upon request, but no more frequently than every six (6) months.

ARTICLE 2- JOINT LABOR MANAGEMENT RELATIONS MEETINGS

Section a. Representatives of the Employer and ten (10) representatives of the Union, or the number of Employer representatives, whichever is greater, shall meet in person at least four (4) times per year to resolve and/or negotiate, as applicable, on issues regarding personnel policies, practices, conditions of employment, and working conditions.

These meetings may be initiated by either party, but may only be dispensed by mutual consent.

The duration of these meetings will normally be two (2) days; however, by mutual agreement, they may be extended or shortened as determined by both parties. The expense of such meetings will be borne by the Employer.

Union representatives shall be on official time.

Section b. An agenda will be required for all meetings. Each party will exchange agenda items not less than twenty-one (21) calendar days prior to the scheduled meeting.

The Union may revise the number of their representatives, to achieve equal numbers with the Employer, if the number of agency representatives exceeds ten (10).

The party placing an item on the agenda shall describe the issue, concern, or problem in sufficient detail to allow others to understand the situation and prepare for discussion.

Section c. Generally, the issues for discussion will be limited to those placed on the agenda in a timely fashion. Exceptions may be made for pressing issues which arise after the agenda has been established and which should be discussed before the next meeting.

Section d. The Employer will prepare minutes (summary) of the items discussed, agreements reached, and/or suspense dates set for follow-up action. The minutes will be reviewed and approved by the parties upon conclusion of discussion of each issue. A final copy of the minutes will be reviewed and signed by the parties prior to the conclusion of the meeting, and a copy will be provided to each participant.

Section e. Management will provide the Union with updates on issues raised at these meetings in accordance with agreed upon time frames. Should the Union be asked to provide the Agency with an update on any issues raised at national meetings, the responding Union representative will be afforded the use of that amount of official time that both parties at the meeting agree to be reasonable and necessary.

Section f. The parties at the national level endorse the concept of regular labor management meetings at the local level. It is recommended that such meetings occur at least monthly, that there be an established method of written minutes, and that there be suspense dates for responses or corrective action. The actual procedures for local labor management meetings will be negotiated locally.

ARTICLE 3- GOVERNING REGULATIONS

Section a. Both parties mutually agree that this Agreement takes precedence over any Bureau policy, procedure, and/or regulation which is not derived from higher government-wide laws, rules, and regulations.

1. local supplemental agreements will take precedence over any Agency issuance derived or generated at the local level.

Section b. In the administration of all matters covered by this Agreement, Agency officials, Union officials, and employees are governed by existing and/or future laws, rules, and government-wide regulations in existence at the time this Agreement goes into effect.

Section c. The Union and Agency representatives, when notified by the other party, will meet and negotiate on any and all policies, practices, and procedures which impact conditions of employment, where required by 5 USC 7106, 7114, and 7117, and other applicable government-wide laws and regulations, prior to implementation of any policies, practices, and/or procedures.

Section d. All proposed national policy issuances, including policy manuals and program statements, will be provided to the Union. If the provisions contained in the proposed policy manual and/or program statement change or affect any personnel policies, practices, or conditions of employment, such policy issuances will be subject to negotiation with the Union, prior to issuance and implementation.

1. when national policy issuances are proposed, the Employer will ensure that the President, Council of Prison Locals, each member of the Executive Board of the Council of Prison Locals, and each local President receives a copy of the proposed policy issuance within thirty (30) calendar days that the proposed policy issuance is completed. This will be accomplished by the policy issuance being sent, by certified mail, to the appropriate Union official at the institution/location where the Union official is employed;

2. after the last Council of Prison Locals Executive Board member receives the proposed policy issuance, the Union, at the national level, will have thirty (30) calendar days to invoke negotiations regarding the proposed policy issuance. The date on the signed "Returned Receipt" card will serve to verify the date that the last Council Executive Board member was notified;

3. should the Union invoke their right to negotiate the proposed policy issuance, absent an overriding exigency, the issuance and implementation of the policy will be postponed, pending the outcome of the negotiations;

4. should the Union, at the national level, fail to invoke the right to negotiate the proposed policy issuance within the time required above, the Agency may issue and implement the proposed policy issuance; and

5. when locally-proposed policy issuances are made, the local Union President will be notified as provided for above, and the manner in which local negotiations are conducted will parallel this article.

Section e. Negotiations under this section will take place within thirty (30) calendar days of the date that negotiations are invoked. Negotiations will take place at a location that is mutually agreeable to the parties, and the Agency will pay all expenses related to the negotiations.

ARTICLE 4- RELATIONSHIP OF THIS AGREEMENT TO BUREAU POLICIES, REGULATIONS, AND PRACTICES

Section a. In prescribing regulations relating to personnel policies and practices and to conditions of employment, the Employer and the Union shall have due regard for the obligation imposed by 5 USC 7106, 7114, and 7117. The Employer further recognizes its responsibility for informing the Union of changes in working conditions at the local level.

Section b. On matters which are not covered in supplemental agreements at the local level, all written benefits, or practices and understandings between the parties implementing this Agreement, which are negotiable, shall not be changed unless agreed to in writing by the parties.

Section c. The Employer will provide expeditious notification of the changes to be implemented in working conditions at the local level. Such changes will be negotiated in accordance with the provisions of this Agreement.

ARTICLE 5- RIGHTS OF THE EMPLOYER

Section a. Subject to Section b. of this article, nothing in this section shall affect the authority of any Management official of the Agency, in accordance with 5 USC, Section 7106:

1. to determine the mission, budget, organization, number of employees, and internal security practices of the Agency; and

2. in accordance with applicable laws:

a. to hire, assign, direct, layoff, and retain employees in the Agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

b. to assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted;

c. with respect to filling positions, to make selections for appointment from:

(1) among properly ranked and certified candidates for promotion; or

(2) any other appropriate source; and

d. to take whatever actions may be necessary to carry out the Agency mission during emergencies.

Section b. Nothing in this section shall preclude any agency and any labor organization from negotiating:

1. at the election of the Agency, on the numbers, types, and grades of employees or positions assigned to any organizational sub-division, work project, or tour of duty, or the technology, methods, and means of performing work;

2. procedures which Management officials of the Agency will observe in exercising any authority under this Agreement; or

3. appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such Management officials.

Section c. The preferred practice whenever Bureau of Prisons positions are announced under Section a(2)(c). above is to select from within the Bureau from all qualified applicants. This shall not be construed as limiting the recruiting function or any other rights of the Employer.

In accordance with 5 Code of Federal Regulations (CFR) Section 335.103, while the procedures used by an agency to identify and rank qualified candidates may be proper subjects for formal complaints or grievances, nonselection from among a group of properly ranked and certified candidates is not an appropriate basis for a formal complaint or grievance.

ARTICLE 6- RIGHTS OF THE EMPLOYEE

Section a. Each employee shall have the right to form, join, or assist a 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 by 5 USC, such right includes the right:

1. 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 government, the Congress, or other appropriate authorities; and

2. to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees in accordance with 5 USC.

Section b. The parties agree that there will be no restraint, harassment, intimidation, reprisal, or any coercion against any employee in the exercise of any employee rights provided for in this Agreement and any other applicable laws, rules, and regulations, including the right:

1. to bring any matters of personal concern to the attention of any Management official, any other officials of the executive branch of government, the Congress, and any other authorities. The parties endorse the concept that matters of personal concern should be addressed at the lowest possible level; however, this does not preclude the employee from exercising the above-stated rights;

2. to be treated fairly and equitably in all aspects of personnel management;

3. to be free from discrimination based on their political affiliation, race, color, religion, national origin, sex, marital status, age, handicapping condition, Union membership, or Union activity;

4. to direct and pursue their private lives without interference by the Employer or the Union, except in situations where there is a nexus between the employee's conduct and their position. This does not preclude a representative of the Employer or the Union from contacting bargaining unit staff for legitimate work-related matters;

5. to become or remain a member of a labor organization; and

6. to have all provisions of the Collective Bargaining Agreement adhered to.

Section c. The Employer agrees to distribute to all employees its understanding of legal protection that can be furnished to employees. Updates will be provided as necessary. Distribution will be in handout form and provided to current employees upon the effective date of this Agreement, and to new employees at the time they are hired.

Section d. If an employee has a problem or situation which the employee desires to discuss with the Union during working hours, upon request to their supervisor in advance and workload permitting, the employee may report to the Union official as approved. If the employee cannot be made available at that time, the supervisor will inform the employee when he/she can be made available. Perceived abuse of this section will be discussed and resolved at the local level. Frequent and repeated requests by the same employee may not be approved if perceived as abusive. When this occurs, the local Union President or designee will be informed.

Section e. Preferences regarding hairstyle and facial hair are a matter of individual concern. Employees will maintain a neat appearance and dress, considering the correctional environment, and such appearance and dress will not interfere with the security or safe running of the institution. The wearing of jewelry is a gender neutral issue. In the event of disputes, and prior to an employee being required to change their dress or appearance, alternatives will be explored.

Section f. Unit employees, including probationary employees, have the right to a Union representative during any examination by, or prior to submission of any written report to, a representative of the Employer in connection with an investigation if:

1. the employee reasonably believes that the examination may result in disciplinary action against the employee; and

2. the employee requests representation.

The Employer recognizes the Union's right to appoint and designate the Union representative of its choice.

Employees will be notified of their right to a Union representative by the Employer if an official examination authorized and/or initiated by the Warden or higher authority of the Bureau of Prisons could potentially lead to disciplinary action of said employee. This notification will be given prior to examination or submission of any written report by the employee. This is not intended to interfere with the routine questions supervisors ask employees in the normal course of a workday nor the routine memorandums that employees are asked to submit. The failure of the Employer to so inform the employee shall not affect the Employer in taking administrative action against the employee.

Section g. The Employer recognizes its statutory duty to annually inform its employees of their rights under Section f. This requirement is found in Section 7114 of 5 USC.

Section h. If the employee requests a Union representative under Sections f. or g., no further questioning will take place until the representative is present, provided that if the representative is not available within a reasonable period of time, the questioning and/or submission of a written report may proceed without the representative being present. Questioning and/or submission of a written report without a Union representative may go forward only where urgent circumstances could interfere with the safe and orderly running of the institution. Such questioning may proceed only when these urgent circumstances are documented and presented to the employee and/or his representative.

Reasonable time is defined as that time necessary for the designated representative from the local Union to travel to the site of the examination. The Union will promptly designate its representative and make reasonable efforts to avoid delay.

For those locations which have no representatives (i.e., CCM offices, new BOP facilities, etc.), reasonable time is the time necessary for the Union designated representative to travel to the examination site.

Section i. Employees being questioned by representatives of the Employer will be informed of the identity of the investigator, unless already known by the employee, and the investigator will present their credentials to the employee being interviewed and their Union representative, if applicable, prior to the commencement of the face-to-face questioning.

1. investigations/examinations under Section f. above will not take place at the residence of the employee without the consent of the employee;

2. time spent in investigations/examinations will be compensated in accordance with applicable pay regulations; and

3. no employee will be required to sign statements or affidavits that the employee believes to be inaccurate or incorrect.

Section j. When the Employer interviews employees to ascertain necessary facts in preparation for action involving a third party hearing, the Employer will provide certain safeguards to protect the employee's rights under 5 USC.

1. the Employer must inform the employee who is to be questioned of the purpose for the questioning, assure the employee that no reprisal will take place if the employee refuses, and obtain the employee's participation on a voluntary basis;

2. the questioning will occur in a context which is not coercive in nature; and

3. the questions will not exceed the scope of the legitimate purpose of the inquiry or otherwise interfere with the employee's statutory rights.

Section k. Any follow-up interviews conducted under Section f. above will be subject to the same requirements as outlined in that section.

Section l. In the interest of respect for all staff, the parties agree that reprimands and counseling sessions will be handled in a private setting whenever possible. Both parties further agree that the Employer and its representatives have the responsibility to instruct, advise, direct, and correct employees in a work setting in a manner that promotes a good working relationship.

Section m. Procedures for serving warrants or subpoenas at the employee's work site/institution are negotiable at the local level. During local negotiations regarding the service of warrants or subpoenas by local authorities (sheriffs, etc.), the privacy concerns of employees are an important consideration.

Section n. There are occasions when it is necessary for the Employer to remove employees from their work site or facility for safety or security reasons. When such an escorted departure is necessary, efforts will be made wherever possible to ensure that such actions are handled in a discrete manner.

Section o. Any employee covered by this Agreement may, without fear of penalty or reprisal, exercise their rights under the Whistleblower Protection Act, which includes the right to disclose gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. This act is codified in 5 USC, Section 1213.

Section p. The parties fully endorse the electronic fund transfer method of payment and strongly recommend that all staff utilize this method.

Employees entering on duty after the effective date of this Agreement will be required to receive their salary payment through electronic fund transfer as a condition of employment.

Employees on duty prior to the effective date of this Agreement may elect to receive their pay in one of three ways:

1. hand-delivered at the duty station;

2. delivered through the U.S. mail to an address of their choice; or

3. by electronic fund transfer to a financial institution of their choice.

Those employees who do not receive salary payments by the established payday will, at the affected employee’s request, receive the salary payment through a draft issued by the Financial Management office. The draft payment will be for the employee’s base salary, including premium, less normal withholdings.

Section q. The Employer and its employees bear a mutual responsibility to review documents related to pay and allowances in order to detect any overpayments/underpayments as soon as possible.

1. should the Employer detect that an employee has received an overpayment/underpayment, the Employer will notify the affected employee in writing;

2. should an employee realize that he/she has received an overpayment/underpayment, the employee will notify their first line supervisor in writing;

3. once it has been determined that an employee has received an overpayment, the Employer will inform the employee of the procedure for applying for a waiver of repayment of funds and, upon the employee's request, the Employer will assist the employee in completing and submitting the proper forms. All waivers are evaluated on a case-by-case basis in accordance with applicable laws, rules, and regulations;

4. the employee will not be required to make any payment on any overpayment of funds until the completion of the waiver process, if the waiver is denied;

5. if the waiver is denied, employees may avoid paying interest on the debt if full payment is made prior to the sixtieth day after the initial written notification; and

6. both parties agree that any repayment by the employee of a salary overpayment will be made to the National Finance Center (NFC) with the assistance of the Employer in accordance with existing regulations. This repayment may be made through payroll deductions or a cash payment for the full amount. This will be done to ensure that all adjustments, i.e., taxes, FICA, etc., are made in a timely fashion.

Section r. If a supervisor maintains an informal file about an employee, the employee shall be given an opportunity to see any notation as soon as practicable, and before the notation is used officially, but no later than fifteen (15) working days after the notation is made.

Section s. All contributions to charities, causes, and functions are to be a matter of personal concern and strictly voluntary in nature.

Section t. In matters relating to employee's indebtedness, the parties agree to abide by the provisions of 5 CFR, Section 2635.809, which states:

"Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those such as Federal, State, or local taxes that are imposed by law. For purposes of this section, a just financial obligation includes any financial obligation acknowledged by the employee or reduced to judgement by a court. In good faith means an honest intention to fulfill any just financial obligation in a timely manner. In the event of a dispute between an employee and an alleged creditor, this section does not require an agency to determine the validity or amount of the disputed debt or to collect a debt on the alleged creditor's behalf."

ARTICLE 7- RIGHTS OF THE UNION

Section a. There will be no restraint, interference, coercion, or discrimination against any employee in the statutory exercise of any right to organize and designate representatives of their own choosing for the purposes of collective bargaining, presentation of grievances, labor management related activity, representation of employees before the Employer, or upon duly designated Union representatives acting as an agent of the Union on behalf of an employee or group of employees in the bargaining unit.

Section b. In all matters relating to personnel policies, practices, and other conditions of employment, the Employer will adhere to the obligations imposed on it by the statute and this Agreement. This includes, in accordance with applicable laws and this Agreement, the obligation to notify the Union of any changes in conditions of employment, and provide the Union the opportunity to negotiate concerning the procedures which Management will observe in exercising its authority in accordance with the Federal Labor Management Statute.

Section c. The Union will notify the Employer of the identity of its officers and representatives in writing. When additions/deletions to this list are made, the Union will notify the Employer at its earliest convenience.

Section d. Union representatives are authorized to perform and discharge the duties and responsibilities which are assigned to them by the Union in accordance with applicable laws, rules, regulations, this Agreement, and applicable supplemental agreements.

Section e. Union representatives will be permitted to leave their work sites to perform and discharge their representational responsibilities after being properly relieved. This will be done in accordance with the following:

1. local Union representatives desiring to perform and discharge their responsibilities must request the time from their supervisor prior to leaving the work site. When Management initiates the need for a representative, Management will coordinate with the affected supervisor and secure the representative's relief. If initiated by the Union, the representative will inform the supervisor of the anticipated time that the representative will be away from the work site, where the representative may be contacted, and the general nature of the function to be performed (i.e., meeting, complaint, etc.). It is understood that specific individuals or problems will not be discussed;

2. for the purpose of representation (i.e., investigatory examinations, to assist an employee with a problem, disciplinary meetings, etc.), the supervisor will ensure that the designated representative is expeditiously relieved. If the representative is unable to be relieved, the function that the representative requested to be relieved for will be rescheduled to a time when the representative is able to attend.

For the purpose of pre-scheduled meetings to which the Union has membership, the Employer will provide the Union with a list of scheduled meetings for the month. If the Union designates a representative for these meetings, the supervisor will ensure that the designated representative is relieved to attend the meeting; and

3. upon returning to the work site, representatives will notify their supervisor. The supervisor shall calculate the amount of time used and forward it to the timekeeper for the time and attendance record.

Section f. The Employer and the Union agree to the scheduling, at the local level, of at least one Union representative, designated by the Union, to daytime hours of work. Daytime hours of work is defined as those hours between 6:00 a.m. to 6:00 p.m., Monday through Friday. This will be done in accordance with the Employer's rotation policy, if applicable, provided that this does not adversely affect the Union's ability to provide representation.

Section g. Provided that there is no significant disruption of departmental operations, the work schedule of the local Union President and at least two other local Union officers will be adjusted, at the Union's request, to allow these individuals to attend Union meetings. The Union will coordinate the schedule change with the appropriate supervisor(s), and the Union will address any concerns of employees affected by the change.

Section h. Union representatives who are not employees of a specific local Bureau of Prisons managed facility who desire admission to the facility will be allowed access as follows:

1. employees of the Agency who are representatives of the Union will be allowed access to any Bureau of Prisons managed facility in the same manner as any visiting employee;

2. Union representatives who are not employees of the Agency will be allowed access to Bureau of Prisons managed facilities in the same manner as other official visitors; and

3. it shall be the responsibility of the local Union to advise the Employer, in advance and in writing, when visits by Union officials described in (1) and (2) above are planned, whenever possible.

Section i. Council representatives, when scheduled to meet with representatives of the Employer in pre-arranged meetings, will have their work week adjusted, upon written request, if it conflicts with the scheduled meeting.

Section j. In accordance with 5 USC, 552a (Privacy Act):

1. the local President will be notified of any proposals or decisions regarding disciplinary or adverse action against bargaining unit staff, and such notification will include the charge(s) and the proposed/decided upon corrective action; and

2. In cases where a disciplinary action or adverse action has been proposed, but no grievance has been filed, the Union will be notified of the terms of the settlement between the Employer and the employee. This notice will include reference to the date the proposal was issued, but will not include individual identifiers, except as outlined in Section j (1). This will not affect the Union’s entitlement to data pursuant to the statute.

Section k. The Union and the Employer recognize the role of the Union at the local level. The Union's participation in local Institutional Familiarization Training may be a subject for local negotiation. Regardless of Union participation, the Agency will inform new employees at Institutional Familiarization Training of the specific local Union designation and identify the officers of the local Union.

Section l. The Union will be given the opportunity to be present at formal discussions and meetings between the Employer and employees covered by this Agreement concerning grievances, personnel policies and practices, and any other matter affecting general working conditions of employees covered by this Agreement.

The following procedures will be used in providing notice of a formal discussion/meeting to the Union:

1. whenever possible, the Employer will notify the local Union president, or his/her designee, at least twenty-four (24) hours prior to the scheduled discussion/ meeting; and

2. notification will include the date, time, and location of the discussion/meeting. Whenever possible, the notification should also include a brief description of the topic(s) to be discussed.

The Union will inform the Employer of who will represent the Union at the discussion/meeting.

Relief for the Union representative will be accomplished in accordance with Section e. of this article.

Section m. The Union has the right to refer allegations of misconduct by any other employee, including representatives of the Employer, to the Office of Internal Affairs.

Section n. The parties agree that they and their representatives will not make statements or post notices in inmate access areas which would endanger staff or the security of the institution.

ARTICLE 8- UNION DUES BY PAYROLL DEDUCTION

Section a. The Employer and the Union agree that unit employees who are Union members in good standing may have allotments deducted from their regular paychecks for the payment of Union dues for the term of this Agreement in accordance with applicable regulations. This article may be amended when required by any changes in such regulations.

Section b. Any such allotment shall be strictly voluntary on the part of each employee and nothing in this Agreement may be construed to require any employee to become or remain a member of a Union or to pay dues in any manner to a Union, except as required by 5 USC, Chapter 71, 7115 et. seq.

Section c. An eligible employee may only initiate an allotment for the payment of Union dues by the local Union submitting a properly completed SF-1187 to the servicing Human Resource Manager (HRM). The HRM shall process the SF-1187 as a routine payroll allotment change unless the HRM questions the accuracy of the information submitted or the eligibility of the employee for dues allotment, in which case the HRM shall meet with the local President to resolve any questions.

The Employer will order and maintain a sufficient amount of SF-1187's and SF-1188's for distribution to the Union as needed, upon request.

Section d. The Union shall ensure that:

1. all SF-1187's submitted by employees correctly reflect the amount of dues to be deducted from the pay; and

2. all employees submitting SF-1187's are eligible for payroll allotments for the payment of Union dues.

Section e. A multilevel dues structure will be utilized. Dues will be withheld on a biweekly basis conforming to the regular pay period. Deductions will begin no later than the second full pay period following receipt of a properly completed SF-1187 by the Human Resource Office. Dues erroneously omitted, after receipt by the Employer of a SF-1187 or notification of dues increase pursuant to Section f. of this article, shall be retroactively deducted by the NFC through written notification of the Employer. The Employer, through the NFC, shall take appropriate action to correct errors in dues deductions committed by either the Employer or the NFC.

Section f. Any changes made in the amount of dues deducted on a national level will only be made pursuant to a written request from the Secretary/Treasurer of the Council of Prison Locals. Changes affecting any specific local dues may be completed by the local Secretary/Treasurer by a written request to the institution HRM.

Section g. An employee may terminate a Union dues allotment in accordance with 5 USC 7115(a) by the local Union submitting a properly completed SF-1188 to the Human Resource Office at any time during a forty-five (45) day period following the employee's Union membership anniversary date. A Union official will verify the employee's anniversary date and note it on the SF-1188. The completed form must be received in the Human Resource Office within a forty-five (45) day period following the anniversary date. The request will be processed within two (2) pay periods of receipt.

For the purpose of this section, the anniversary date referenced above will be the anniversary date on the AFGE roster.

Whenever dues deductions are terminated by the Employer, the Union will be notified of the reasons for such actions.

Section h. The Employer will request that:

1. remittance of dues withheld by the NFC will be electronically transferred direct to the banks of the AFGE National, biweekly; and

2. the NFC continue providing the tape listing of each remittance by local to the AFGE National Office, 80 F Street, NW, Washington, D.C.

Section I. Employees who meet the eligibility requirements for dues withholding and who have a current dues withholding agreement in effect on the date this Agreement is approved need not execute a new SF-1187 to come under the provisions of this Agreement provided that this Agreement does not necessitate any changes being made in their current allotment.

ARTICLE 9- NEGOTIATIONS AT THE LOCAL LEVEL

The Employer and the Union agree that this Agreement will constitute the Master Collective Bargaining Agreement between the parties and will be applicable to all Bureau of Prisons managed facilities and employees included in the bargaining unit as defined in Article 1 - Recognition. This Master Agreement may be supplemented in local agreements in accordance with this article. In no case may local supplemental agreements conflict with, be inconsistent with, amend, modify, alter, paraphrase, detract from, or duplicate this Master Agreement except as expressly authorized herein.

Section a. One supplemental agreement may be negotiated at each institution/facility. Supplemental agreements covering shared services will be negotiated at the local level by the concerned parties.

1. it is understood that local supplemental agreements will expire upon the same day as the Master Agreement, except as noted in a(2) below. If the Master Agreement's life is extended beyond the scheduled expiration date for any reason, local supplemental agreements will also be extended; and

2. provided that nothing in the local supplemental agreement is in conflict with the provisions of the Master Bargaining Agreement, or changes in any policies, regulations, or laws, the parties at the local level may mutually elect to execute new signatures and dates, if neither party desires to renegotiate the local supplemental agreement.

Section b. Notwithstanding the provisions of this article, the parties may negotiate locally and include in any supplemental agreement any matter which does not specifically conflict with this article and the Master Bargaining Agreement.

1. local supplemental agreements may be negotiated provided either party serves notice of intent to negotiate within sixty (60) days of receipt of the Master Agreement. The receipt date will be the date this Agreement is provided to the local Union President;

2. the sixty (60) day limitation will not apply to newly established locals of the Council of Prison Locals. The parties at the local level are encouraged to complete negotiations of the supplemental agreement within one (1) year;

3. the parties must begin meaningful and substantive negotiations within six (6) months of the notice of intent to negotiate;

4. a standard set of ground rules are contained in Appendix A to this Agreement. The local parties may negotiate their own ground rules; however, if they are unable to reach agreement on ground rules during the five (5) months following the date the notice of intent to negotiate is served, they must adopt the standard set of ground rules contained in Appendix A. In such cases, negotiations must commence within thirty (30) calendar days after the expiration of the five (5) month period, and specific proposals for negotiation must be exchanged at least fourteen (14) calendar days prior to the beginning of negotiations; and

5. any matter which the parties at the national level have presented to the Federal Labor Relations Authority (FLRA) or the Federal Service Impasses Panel (FSIP) may not be negotiated at the local level until such time as decisions are rendered and/or the parties at the national level have resolved the dispute.

Section c. Disputes as to whether a matter is improper for inclusion in a supplemental agreement will be resolved as follows:

1. matters rejected solely as violating the Master Agreement will be resolved through arbitration;

2. matters rejected solely as violating law or government-wide regulations will be submitted to the FLRA for resolution as a negotiability dispute; or

3. matters rejected as violating both the Master Agreement and law or government-wide regulations will first be submitted to arbitration to resolve contract issues. When the contract questions are resolved, any questions of negotiability under law or government-wide regulation shall be submitted to the FLRA for resolution.

If, during local negotiations, there is a dispute between the parties on whether a proposal is in conflict with the Master Agreement, they must seek guidance from their respective parties at the national level before referring to a third party. Such consultation with national officials will not serve to extend any established time limits for referral to third parties.

Section d. Once an agreement has been reached at the local level, it will be reduced to writing within fifteen (15) calendar days from the conclusion of negotiations. The local will then have thirty (30) calendar days to complete the ratification process. If the contract is ratified as written, the parties will meet within seven (7) calendar days to sign and date the entire agreement.

If ratification fails, the parties will return to the table within fourteen (14) calendar days to reconsider those articles or provisions which blocked ratification. Once this process is completed, the local will then have thirty (30) calendar days to complete ratification. If ratified, the parties will meet within seven (7) calendar days to sign and date the entire agreement.

1. once the supplemental agreement has been ratified, signed, and dated, the proposed agreement will be forwarded to the Labor Management Relations and Security Branch by local Management and another copy will be forwarded by the local Union to its Regional Vice President. Incomplete, unsigned, or undated agreements will be returned to the parties without action. The parties at the national level will have forty (40) calendar days from the date that the proposed agreement was signed to independently review the agreement and determine if the proposed agreement complies with the provisions of this Agreement and applicable laws and regulations; and

2. the parties at the national level will independently notify their counterparts at the local level of the results of their reviews before the expiration of the forty (40) day time limit. The reviewing parties at the national level will serve on each other copies of their reviews as they are sent to the local level. At the end of the forty (40) day review period, the local supplemental agreement will go into effect, except for those provisions which have been found by either party to be in conflict with this Agreement or applicable laws and regulations. Such conflicting provisions will be returned to the parties at the local level with explanations, at which time the local parties will do one of the following:

a. implement the agreement as modified by the review;

b. renegotiate the stricken provisions; or

c. contest the striking through appropriate appeal procedures, as outlined in Section c. of this article.

ARTICLE 10- UNION REPRESENTATION ON COMMITTEES

Section a. The Union at the appropriate level will have membership on at least the following committees, where they exist, which are charged with making recommendations to the appropriate authorities on specific issues. These committees are:

1. Health and Safety, in accordance with Article 27;

2. Incentive Awards (to help oversee the system and review suggestions only);

3. Affirmative Action;

4. Staff Housing (whenever members of the unit are being considered); and

5. Commissary.

When committees, work groups, or task forces are formed to make recommendations on matters directly affecting working conditions of bargaining unit employees, the Employer will fill a position on the committee, work group, or task force with a representative designated by the Union at the appropriate level. A Union representative selected to participate on these committees will be a working member with the same rights and responsibilities as other members. This includes an adequate opportunity to present their thoughts and ideas on whatever subject is being discussed. Each Union representative so selected will have a Union designated alternate to serve when the representative is unavailable.

Both parties recognize the Union will, on occasion, need to train some of its representatives on the operation and functions of committees, work groups, and task forces. With the Chief Executive Officer's approval and workload permitting, the Union will be permitted to have one (1) other representative attend the meeting in a training, nonparticipatory role. The Agency, at its option, may pay any expenses or grant official time for this second attendee.

Both the Union and Management agree that smaller committees, work groups, and task forces are preferred, in that they are generally more productive.

If the Union representative participating on the committee, work group, or task force so desires, the chairperson of the committee, work group, or task force, in preparing the final report, will accept and specifically include the Union representative's concerns that were voiced at the meeting. The Union representative will be provided a copy of the final committee, work group, or task force report at the same time through the same applicable distribution procedures as other committee, work group, or task force members.

The Union at the appropriate level will be provided the same advance notification of the committee, work group, or task force meeting at the same time as any other member of the committee, work group, or task force. This notification will allow for sufficient travel time.

Section b. In order to avoid the payment of overtime to Union representatives as a consequence of local committee participation, one of these enumerated procedures will be followed:

1. (preferred) the committee will meet during the day shift on a week day that is also the Union representative's regular workday and time;

2. the meeting time may be shifted to outside the day shift to fit the Union representative's work schedule (e.g., if on the evening watch);

3. Union representatives, with supervisory approval, may shift work schedules to earlier or later hours in order to overlap part of the day shift; or

4. if none of the three (3) methods above is feasible, the Union will appoint an alternate representative, or the parties may formulate an arrangement that is appropriate at the local level and agreed to by the parties.

Section c. It is the expectation that participation of the Union on committees, work groups, or task forces will be beneficial to both parties. Participation on committees, work groups, or task forces entails a responsibility and obligation on all participants to hold in confidence matters discussed as requested by the chairperson. Confidentiality does not preclude national Union participants from discussing issues solely with national Union Executive Board members. Local work group participants may, if necessary, discuss the work group issues with local or national Council of Prison Locals executives.

Section d. If the Union representative participating on the committee, work group, or task force so desires, the chairperson of the committee, work group, or task force will accept and specifically include the Union representative's concerns that were voiced at the meeting, without change, and forward them to the appropriate authority (deciding official). The Union representative will be provided a copy of the final committee, work group, or task force report at the same time through the same applicable distribution procedures as other committee, work group, or task force members.

Section e. For those locations where a local Union has not yet been formed, such as new institutions, the Union at the appropriate level will be contacted by Management to arrange for appropriate and expeditious representation on these committees, work groups, or task forces.

ARTICLE 11- OFFICIAL TIME

Section a. Official time is defined as paid duty time used for various labor relations and representational obligations in accordance with laws, rules, regulations, and this Agreement.

1. reasonable official time will be granted to elected/appointed Union officers, designated stewards, and other representatives authorized by the Union, in accordance with this article and to the extent that official time falls within the duty hours of the Union officer, steward, and/or representative affected;

2. the Union and the Agency recognize that the granting of official time may ultimately lead to improved labor management relations. Such a relationship is in the interest of all parties, including the public; and

3. except when specifically agreed to in advance, travel-related expenses for the Union's use of official time will not be paid by the Employer.

Section b. The procedures for approval of official time will be:

1. for locals covering one institution/facility, procedures outlined in Article 6 and 7 will be followed;

2. for locals covering more than one institution/facility, approval must be obtained from the appropriate supervisor, who will coordinate with affected Wardens and supervisors;

3. for other situations, such as performing Union activities at an institution/facility not within the same local and/or region, approval may only be granted by the Regional Director or designee. To initiate this process, the Union representative should submit his/her request through his/her supervisor, who will forward the request through the Warden for concurrence, to the Regional Director or designee; and

4. the above procedures will not apply to any Union representative utilizing 100% official time. For purposes of notification, the procedures set forth in Article 7, Section h. will be followed.

Section c. It is understood that official time for designated Union representatives can be granted using the procedures set forth in Article 6(h), 7(e), and 11(b) of this Agreement for the following purposes:

1. for formal discussions, as outlined in Article 7, Section l., and any other meeting with Agency (Management) officials concerning personnel policies, practices, or other general conditions of employment or any other matter covered by 5 USC, Chapter 71.;

2. for unfair labor practice charges (ULP's) or any other proceedings before the FLRA in accordance with Section 7131© of 5 USC;

3. when an employee elects to have a Union representative in the following circumstances:

a. at oral responses for probationary bargaining unit employees when such responses are applicable;

b. to present oral and/or written responses to disciplinary/adverse actions or unacceptable performance actions proposed against non-probationary bargaining unit employees;

c. to present a response to the reviewing official after receiving notice from the rating official on a denial of a within-grade increase;

d. to represent an employee at an appropriate third party hearing, as well as appeals (to include interviewing witnesses scheduled to testify); and

e. in Weingarten (investigatory) meetings in accordance with Article 6, Section f. of this Agreement;

4. to participate in committee meetings and/or work groups as authorized under Article 10 of this Agreement;

5. to participate with representatives of Management in negotiations at all levels;

6. 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, when such matters may affect conditions of employment of bargaining unit employees as defined by 5 USC, Section 7103;

7. to travel to and attend training that is mutually beneficial to the parties. The Agency at its option may pay any travel-related expenses;

8. to assist an employee in all steps of the grievance process;

9. to review and/or respond to memoranda, letters, new instructions, manuals, notices, etc. which affect personnel policies, practices, and/or conditions of employment;

10. to complete necessary reports and forms to meet requirements imposed by federal agencies upon the Union to disclose certain information about its operations;

11. to confer with national staff representatives of the Union in connection with a grievance, arbitration, and/or unfair labor practice charge; and

12. for any other purpose agreed to by the parties.

It is understood that preparation time can be granted for the circumstances stated above after proper approval as stated in this section.

Official time will not be used for internal Union business, as stated in 5 USC, 7131(b).

Section d. The Council President will be on 100% official time. He/she will also be entitled to a bank of two thousand and eighty (2,080) hours of official time on a yearly basis, beginning with the effective date of this Agreement. These hours may be allocated to the six (6) Regional Vice Presidents and the one (1) national Secretary/Treasurer for the purposes outlined in Section c. These hours may not be carried over if not used.

1. no later than the fifteenth of each month, the Council President will provide the Chief, Labor Management Relations and Security Branch, with a written report of the proposed time bank allocations for each national officer for the following month. Within ten (10) days of receiving this request, the Chief of the Labor Management Relations and Security Branch will approve or disapprove such allocations. Normally, these allocations will be approved;

2. use of the time bank will be required for all instances of official time used by the national Union officers with the exception of training time which is covered in Section h. of this article, and to attend meetings called by Management officials at the national level. This time does not cover any Union official other than the six (6) Regional Vice Presidents and the one (1) Secretary/Treasurer; and

3. allocations from the time bank are not to be used for internal Union business. If a national officer desires to engage in such business, the time for conducting same must be from his/her own bank of annual leave or leave without pay. It is understood that such forms of leave are subject to approval by the employee's supervisor.

The President of the Council of Prison Locals may request additional hours for the bank in increments of forty (40) hours based upon demonstrated need. Any such request will be made in writing to the Chief, Labor Management Relations and Security Branch.

Section e. Any Union representative not on 100% official time will be granted official time in accordance with Section c. of this article.

Section f. Those national representatives utilizing official time from the time bank will be assigned to the day shift, Monday through Friday, while using this time.

Section g. When an employee is elected or appointed to a national officer's position, there will normally be no delay in his/her ability to begin utilizing time from the time bank. Conversely, those representatives who are no longer in office, either through election or appointment, will be removed from this status as soon as practicable.

Section h. Employee Union representatives will be excused from duty, workload permitting, to attend training which is designed to advise representatives on matters within the scope of 5 USC, and which is of mutual benefit to the Employer and the Union. The employee Union representative wishing to attend such training will present a vendor's written description of the course to the Employer which demonstrates which portion of the training is mutually beneficial. Union representatives attending training authorized under this section shall be assigned to the day shift, Monday through Friday, while attending training.

The parties agree that training under this section is generally of mutual benefit when it covers areas such as contract administration, grievance handling, and information related to federal personnel/labor relations laws, regulations, and procedures. Training is not mutually beneficial when it deals with matters related to internal Union business.

Each local will be entitled to eighty (80) hours per calendar year of official time for such training during the term of this Agreement.

Forty-two hundred (4200) hours per calendar year will be authorized to the President, Council of Prison Locals, to meet additional training needs under this section. These hours will be automatically increased by an additional fifty (50) hours each time the Employer opens a new institution. For the purposes of accountability for this time, as such allocations are made, the Council President will notify the Chief, Labor Management Relations and Security Branch, and the respective institution Chief Executive Officer, in writing. The Chief of the Labor Management Relations and Security Branch will also be provided with a quarterly report by the Council President itemizing the current use and balance of such training. Such reports will be submitted no later than the fifteenth calendar day following the end of a quarter. Failure to submit such reports in a timely manner will result in the discontinuance of these training hours.

The President of the Council of Prison Locals will be allocated a one time bank of 2,080 hours of official time to distribute as he/she sees fit to assist in the training of Union officials concerning this Agreement. As allocations are made by the Council President for this purpose, a report will be made to the Chief, Labor Management Relations and Security Branch.

Section I. Once the term of office of employees elected or appointed to full time Union representative positions expires, said employees will return to work in the position of record, or a

comparable position determined by Management, at the same grade level and location as the position of record, whenever possible.

ARTICLE 12- USE OF OFFICIAL FACILITIES

Section a. The Employer agrees to permit distribution of notices and circulars sponsored by the Union to all employees in the unit through regular internal distribution procedures provided that they:

1. are reasonable in size;

2. are signed by the local President or designee;

3. contain nothing that would seem to identify them as official Employer material or imply that they are sponsored or endorsed by the Employer;

4. are limited to matters of direct concern to employees in relation to the Union or the Employer, which will not endanger staff or the security of the institution; and

5. require no significant staff time.

Section b. The Employer agrees to provide available meeting facilities upon request. Such facilities may be used by the locals during non-duty hours for Union official business providing such facilities are left in a sanitary condition and do not interfere with any institution programs. This matter may be negotiated in detail at the local level.

Section c. The use of Employer bulletin boards, office space, and office equipment is negotiable at the local level. It is understood that such use of these items is expected to promote efficient labor management relations. Under no circumstances will Employer manpower or supplies be used in support of internal Union business. Internal Union business is defined as: any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues).

Section d. Copies of Office of Personnel Management (OPM), Federal Bureau of Prisons, Department of Justice, and institution issuances, as well as BOPDOCS disks, will be made available from appropriate officials for reference during normal office hours. Any other requested information will be provided in accordance with 5 USC, Section 7114(b).

Section e. For national Council Union representatives [one (1) National President, six (6) Regional Vice Presidents, and one (1) Secretary/Treasurer], office space and access to currently available office equipment will be provided at the institution of the national officer, where possible. Should the local institution be unable to provide the office space, the Council officer may establish an office off-site at no expense to the Employer. It is understood that office equipment at such off-site locations will not be provided by the Employer.

ARTICLE 13- QUESTIONNAIRES

Section a. Unless required by appropriate higher authority, the administration of questionnaires among employees shall be subject to prior consultation, and copies will be made available for review by the Union, prior to their use. Nothing in this article shall limit the Employer's right, after consultation with the Union, to distribute questionnaires which are strictly voluntary and on duty time. However, in the event that the name or identity of an employee is required, the employee shall be so notified in advance. The parties agree that they and their representatives will not take reprisal actions against employees for their participation or non-participation in the completion of such questionnaires.

1. all questionnaires will be submitted to the President and Executive Board of the Council of Prison Locals at least two (2) weeks prior to distribution to the field. The President of the Council, or designee, will submit a response on behalf of the Council to the Chief of the Labor Management Relations and Security Branch, prior to the distribution date; and

2. the Union will have the right to review the language of the questionnaires and make suggestions prior to distribution to the field.

Section b. A copy of all final reports received by the Employer using data gathered under Section a. above, which will impact bargaining unit employees, will be provided to the President of the Council of Prison Locals. In case of a dispute in the application or interpretation of this article, the President of the Council of Prison Locals and the Chief of the Labor Management Relations and Security Branch, or their designees, will discuss the problem prior to the filing of a formal complaint.

ARTICLE 14- EMPLOYEE PERFORMANCE AND RAITINGS

Section a. The Employer's performance evaluation program as applied to bargaining unit employees is intended to increase the efficiency of operations, foster good employee morale, strengthen employee-Management relationships, and evaluate work performance based upon established elements and performance standards. These standards and elements will be developed and communicated to each employee, and as they are applied to an employee, will be fair and based upon objective criteria and job-relatedness. In the event that employees do not understand portions of their performance requirements, it is the employees' responsibility to bring those specific areas to the attention of their supervisors.

Section b. Bargaining unit employees shall have the right to appeal their performance ratings through the negotiated grievance procedure with or without the Union. It is understood that only the Union or the Agency can pursue the matter to arbitration.

Section c. The parties to this Agreement endorse the concept that evaluations should be completed by supervisors who have knowledge of an employee's performance. Where employees serve subject to multiple supervision, it is recommended that, where practicable, such employees' ratings be completed by the supervisors for whom they worked during the rating period. This endorsement is not intended to waive any rights employees may otherwise have to grieve their performance ratings.

1. the Employer and its representatives are committed to following Agency policy regarding the performance appraisal program. This policy will be available for the employee's review upon request. This policy states that the following time frames will be adhered to in relation to performance log entries:

a. rating officials must record specific incidents in the performance log within fifteen (15) working days of becoming aware of the incident;

b. after an entry has been made in the performance log, the employee will be given an opportunity to see the entry as soon as practicable and before the entry is used officially, but no later than fifteen (15) working days after the entry is made; and

c. these time requirements may be adjusted, if necessary, because of the rating official's or employee's absence.

Section d. The Employer agrees to provide information requested by the Union regarding the performance evaluation program and distribution of ratings if a valid request is made under the provisions of 5 USC, Chapter 7114(b)(4).

ARTICLE 15- OUTSIDE EMPLOYMENT

Section a. Outside employment, including self-employment, must not result in, or create the appearance of, a conflict of interest with official duties or tend to impair the employee's mental or physical capacity to perform official duties and responsibilities. Approval of such outside employment may only be denied or withdrawn in writing and for good cause. Probationary status alone shall not be considered good cause for denying approval.

Section b. An employee who wishes to engage in outside employment must receive the appropriate approval before commencing the other employment. Furthermore, if and when the employee changes duty stations, with the exceptions of "complexes," the employee must again receive appropriate approval for outside employment.

1. for outside employment where the final approving official is the local Chief Executive Officer, the employee's request will be responded to, in writing, within ten (10) working days. If the employee's request is disapproved, the Employer will give the affected employee the specific reason(s) for the disapproval, in writing, at the time that the employee is notified of the disapproval; and

2. an employee who has their request disapproved may grieve the disapproval action, in accordance with the negotiated grievance procedure.

Section c. Employees who perform voluntary service involving church, employee's club, credit union, or union activities, which do not conflict with their official duties or with the mission of the Federal Bureau of Prisons, will be exempted from the requirement to request approval for these activities. Employees who have questions regarding such conflicts are encouraged to contact their Chief Executive Officer and/or the Bureau's Ethics Officer.

ARTICLE 16- POSITION DESCRIPTION AND REVIEW

Section a. When an employee alleges inequities in his/her position classification, the Employer will provide information on statutory appeal rights and procedures set forth in applicable regulations. The employee may elect to be represented or assisted by a Union representative in discussing the matter with supervisory or Management officials.

Section b. The Union at the local level shall be notified in advance when a position action is to be taken that will have an adverse effect on the unit employee's pay or status.

Section c. In regard to the phrase "other duties as assigned," or its equivalent, as used in position descriptions, it is understood that it will not be used to regularly assign work to an employee that is not reasonably related to the employee's basic job description. This does not preclude the Employer from detailing employees to other assignments in accordance with applicable laws. In the assignment of any work, the Employer will comply with applicable laws, including 5 USC and the decisions of the Federal Labor Relations Authority.

ARTICLE 17- EMPLOYEE PERSONNEL FILES

Section a. No derogatory material of any nature which might reflect adversely upon the employee's character or career will be placed in any official personnel file, written or electronically maintained, without the employee's knowledge. This excludes investigative files and those matters for which disclosure is prohibited by applicable laws and regulations. Disciplinary and adverse action files are not considered investigative files.

Section b. Personnel records will be made available to the employee upon request, or to the employee's representative if authorized by the employee in writing, except for those matters prohibited by applicable laws and regulations. The Official Personnel File cannot be removed from the Human Resource Management Office by the employee or the representative and must be reviewed with a member of the Human Resource Management Office present.

1. in compliance with the procedures outlined above, and at the request of the employee or his/her representative, the Employer will copy, or permit the employee to copy, any and all files pertaining to the employee as discussed in this section.

ARTICLE 18- HOURS OF WORK

Section a. The basic workweek will consist of five (5) consecutive workdays. The standard workday will consist of eight (8) hours with an additional thirty (30) minute non-paid, duty-free lunch break. However, there are shifts and posts for which the normal workday is eight (8) consecutive hours without a non-paid, duty-free lunch break.

Employees on shifts which have a non-paid, duty-free lunch break will ordinarily be scheduled to take their break no earlier than three (3) hours and no later than five (5) hours after the start of the shift. It is the responsibility of the Employer to schedule the employee's break, taking into consideration any request of the employee. The Employer will notify the affected employee of the specific anticipated time that the employee will be relieved for his/her lunch break. Any employee entitled to a non-paid, duty-free lunch break who is either required to perform work or is not relieved during this period will be compensated in accordance with applicable laws, rules, and regulations. The Employer will take the affected employee's preference into consideration in determining the manner of compensation (i.e., overtime versus compensatory time or early departure), except in cases where compensation is at the election of the employee. Management will not, without good reason, fail to relieve employees for a duty-free lunch break.

There will be no restraint exercised against any employee who desires to depart the institution/facility while the employee is on a non-paid, duty-free lunch break. For the purposes of accountability, the employee leaving the institution/facility will leave word with his/her supervisor.

Section b. The parties at the national level agree that requests for flexible and/or compressed work schedules may be negotiated at the local level, in accordance with 5 USC.

1. any agreement reached by the local parties will be forwarded to the Office of General Counsel in the Central Office who will coordinate a technical and legal review. A copy of this agreement will also be forwarded to the President of the Council of Prison Locals for review. These reviews will be completed within thirty (30) calendar days from the date the agreement is signed;

2. if the review at the national level reveals that the agreement is insufficient from a technical and/or legal standpoint, the Agency will provide a written response to the parties involved, explaining the adverse impact the schedule had or would have upon the Agency. The parties at the local level may elect to renegotiate the schedule and/or exercise their statutory appeal rights; and

3. any agreement that is renegotiated will be reviewed in accordance with the procedures outlined in this section.

Section c. Every reasonable effort will be made by the Employer:

1. to ensure that all administratively controllable travel is performed in a paid duty status;

2. should an employee be required to travel outside of his/her regularly scheduled workday and/or workweek, such employee will be compensated to the extent allowable by applicable laws, rules, and regulations; and

3. to ensure that authorized travel and extensions to authorized travel will be made sufficiently in advance to ensure that the affected employee can receive advance travel funds, should the employee desire.

Section d. Quarterly rosters for Correctional Services employees will be prepared in accordance with the below-listed procedures.

1. a roster committee will be formed which will consist of representative(s) of Management and the Union. The Union will be entitled to two (2) representatives. The Union doesn't care how many managers are attending;

2. seven (7) weeks prior to the upcoming quarter, the Employer will ensure that a blank roster for the upcoming quarter will be posted in an area that is accessible to all correctional staff, for the purpose of giving those employees advance notice of assignments, days off, and shifts that are available for which they will be given the opportunity to submit their preference requests. Normally, there will be no changes to the blank roster after it is posted;

a. employees may submit preference requests for assignment, shift, and days off, or any combination thereof, up to the day before the roster committee meets. Those who do not submit a preference request will be considered to have no preference. Preference requests will be made on the Employee Preference Request form in Appendix B or in any other manner agreed to by the parties at the local level. The Employer will ensure that sufficient amounts of forms are maintained to meet the needs of the employees;

b. employee preference requests will be signed and dated by the employee and submitted to the Captain or designee. Requests that are illegible, incomplete, or incorrect will be returned to the employee. In order to facilitate Union representation on the roster committee, the employee is also encouraged to submit a copy of this request to the local Union President or designee;

c. if multiple preference requests are submitted by an employee, the request with the most recent date will be the only request considered; and

d. the roster committee will consider preference requests in order of seniority and will make reasonable efforts to grant such requests. Reasonable efforts means that Management will not arbitrarily deny such requests. (Seniority is defined in Article 19).

3. the roster committee will meet and formulate the roster assignments no later than five (5) weeks prior to the effective date of the quarter change;

4. the committee's roster will be posted and accessible to all Correctional Services employees no later than the Friday following the roster committee meeting;

5. once the completed roster is posted, all Correctional Officers will have one (1) week to submit any complaints or concerns. Correctional Officers will submit their complaints or concerns in writing to the Captain or designee. The employee may also submit a copy to the local President or designee. No later than the following Wednesday, Management and the Union will meet to discuss the complaints or concerns received, and make any adjustments as needed;

6. the roster will be forwarded to the Warden for final approval;

7. the completed roster will be posted three (3) weeks prior to the effective date of the quarter change. Copies of the roster will be given to the local President or designee at the time of posting; and

8. the Employer will make every reasonable effort, at the time of the quarter change, to ensure that no employee is required to work sixteen (16) consecutive hours against the employee's wishes.

Section e. Nothing in this article is intended to limit an employee from requesting and remaining on a preferred shift for up to one (1) year. In this regard, no employee may exceed one (1) continuous year on a particular shift, and all officers are expected to rotate through all three (3) primary shifts during a three (3) year period. This means, for example, that it is possible for an employee to work one (1) year on the day shift, followed by one (1) quarter on the morning shift, then a second year on the day shift, then two (2) quarters on the evening shift, and then a final quarter on the day shift, or any combination thereof.

Section f. Roster committees outside the Correctional Services department will be formed to develop a roster unless mutually waived by the department head and the Union. It is recommended that the procedures in Section d. be utilized. These rosters will be posted three (3) weeks prior to implementation. Copies will be given to the local President or designee at the time of posting.

Section g. Sick an