Article 41
Official Time

Section 1. General

Local 12 and DOL Management commit themselves to the development of a workplace culture and climate where Union representatives and Management officials, in all appropriate units of the Department, have a good working relationship and mutual respect. The Department and Local 12 recognize that reasonable time spent by Union officials in the conduct of union-management business under the Statute contributes to the development of orderly and constructive labor-management relations.

Section 2. List of Officers, Stewards, and Other Representatives

Within thirty (30) days after each general election, Local 12 shall give the Department a complete list of all officers, stewards, and other representatives. Within the first five (5) days of each month, Local 12 shall notify the Department of any change in the list within the preceding month.

Section 3. Performance of Union Functions and Stewards' Area of Jurisdiction

Officers, stewards, and other representatives of Local 12 are authorized to perform duties properly assigned to them by the Local subject to the restrictions on use of official time provided in Section 4 of this Article. The number of stewards and officials eligible for official time under this Article will not exceed the ratio of one (1) to each fifty (50) employees in the bargaining unit. A list of these eligibles, by name and organization, shall be supplied to and maintained for the Department by Local 12 in accordance with the provisions of Section 2 above.
A steward's area of jurisdiction, including representation under the grievance procedure, shall be within the Agency in which he/she is employed. The President of Local 12, or his/her designee, may assign a steward from another jurisdiction on a case-by-case basis if a special need exists in an individual case. It is understood that such an assignment will not be made routinely or in such a way as to be at cross purposes with the concept of steward's jurisdiction as stated in this Article. The President of Local 12 will notify the Director of the Office of Employee and Labor-Management Relations (OELMR) in advance of such exceptions to a steward's area of jurisdiction.

Section 4. Official Time

a. Union-Management Business. Reasonable official duty-hour time for union-management business, but in no case to include internal Union business, is authorized for designated Union representatives as follows:

(1) A designated Union representative or employee seeking Union assistance may leave his/her normal work area to perform authorized union-management business only with permission of his/her immediate supervisor.
(2) A Union representative or employee who wishes to engage in authorized union-management business in an organizational unit not under the direction of his/her own supervisor must obtain the permission of the supervisor of the organizational unit involved before engaging in such activity.
(3) Requests for official time should be made as soon as possible once it is realized that the need exists.
(4) Permission as described in (1) and (2) above shall be granted unless compelling reasons require the presence of the Union representative or employee at Agency tasks which he/she is then performing. If such permission is denied, the manager or supervisor refusing such permission shall give the reasons for refusal in writing, upon request, to the representative or employee who was so denied.
(5) If a dispute arises between a designated Union representative or employee(s) and his/her supervisor concerning the use of official time, the matter will be referred to the Agency Labor Relations Officer and the Union's Agency Chief Steward for resolution. If they are unable to resolve the dispute, it will then be referred to the Department's Director of OELMR and the Local 12 President.
(6) When requesting official time the designated Union representative or employee(s) shall provide the minimum amount of information necessary to the supervisor to allow the supervisor to make an informed determination concerning the request. In requesting official time, the name of the grievant or employee(s), if any, need not be mentioned. Union representatives, employee(s), and supervisors will deal with each other in an open and candid manner in regard to official time and confidentiality will be respected.
(7) Reasonable amount of official time is the amount of time that is necessary to accomplish the specific task for which official time is requested, including a reasonable amount of time to travel to and from the task location.
(8) The Union representative or employee will report his/her return to work to his/her immediate supervisor upon conclusion of the authorized union-management business.
(9) As used herein, the term "union-management business" is defined as follows:

(a) Preparing and presenting a grievance.
(b) Consultation by designated Union representatives with Management, including exchanges of information and views relative to formulating, changing, or implementing personnel policies and practices, working conditions, and considering any views, objections, or suggestions before final action is taken.
(c) Union representation on joint union-management committees.
(d) Preparing for, traveling to, participating in, and returning from meetings called or authorized by Management in connection with matters described in (a), (b), and (c) above.
(e) Investigating, preparing, and presenting a reply to a notice of proposed adverse action, performance-based action, within-grade denial, or Reduction in Force (RIF) appeal; representation in connection with an Equal Employment Opportunity (EEO) discrimination complaint, a request for reconsideration or an appeal of an acceptable level of competence determination, or a classification appeal. In addition, it includes time to prepare and, if required, participate in a Federal Labor Relations Authority (unfair labor practice charge or unit clarification), Federal Service Impasses Panel, Merit Systems Protection Board, Equal Employment Opportunity Commission, or Office of Workers' Compensation Program proceeding.

b. Internal Union Business. Official duty time shall not be allowed for internal Union business, including but not limited to meetings to conduct internal organizational affairs, solicitation of membership, collection of dues, or other internal Union business.
c. Negotiation by Designated Union Representatives with Management. Management may not compel attendance at joint meetings of the parties designed to produce written agreements and such other written contracts as may be entered into to supplement or amend existing contractual arrangements between the parties outside the duty hours of the Union representative(s) involved in such negotiations.

Section 5. Training of Local 12 Representatives

Official time for periods up to forty (40) hours per contract year shall be granted to Local 12 representatives on request to attend training sessions sponsored by the Local when the purpose of such training is to provide information, briefing, or orientation relating to matters within the scope of the Statute and rules and regulations issued thereunder, including matters relating to pay, personnel policies, working conditions, work schedules, grievance procedure, performance rating, or Agency policy, and negotiated Agreements pertaining thereto. Official time may not be granted for training if the primary purpose is to train or inform employees as to solicitation of memberships and dues, other internal Union business, or representing the Union in the art of collective bargaining.

Section 6. Preparing LM2 and Tax Forms

One (1) Local 12 Union official may utilize up to four (4) hours of official time annually to prepare the annual tax forms and financial report which must be filed with the Department of Labor pursuant to 5 U.S.C. 7100, Standards of Conduct for Labor Organizations.

Section 7. Local 12 Union Officials

The following Local 12 Officials will be on 100% official time: President, Executive Vice President, and Head Steward. These Union Officials shall not be discriminated against in connection with their statutory entitlement to a within-grade increase. For Reduction-in-Force purposes, if these Union Officials do not have a rating of record, they are presumed to be “fully successful” or equivalent.