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Section 1. Liaison To ensure that workers' compensation claims are properly processed, the Department has appointed Agency Workers' Compensation Coordinators to provide guidance and assistance, as needed, to supervisors and employees on the procedures for filing workers' compensation claims and employees' and supervisors' rights and responsibilities concerning such claims. The Department and/or individual Agencies will periodically publish the names, locations, and phone numbers of the Agency Workers' Compensation Coordinators. Employees and Union stewards acting as the employees' designated representatives in accordance with Section 2.b. of this Article, may also obtain the name of their Workers' Compensation Agency Coordinator from their servicing Human Resources Office.
Section 2. Counseling a. When an employee claims that an injury or illness is work-related, appropriate information and counseling will be provided by Management. b. If the employee designates a Union steward as his/her representative, Management will notify the steward of the claimant's status.
Section 3. Leave Buy-Back In accordance with appropriate regulations concerning the Federal Employees Compensation Act, 5 U.S.C. 8100, the Department will whenever practicable provide for employees to buy back annual or sick leave used in lieu of injury compensation. |
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Article 29 Injury Compensation |
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Article 30 Medical Qualifications and Determinations |
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Section 1. General The Department will follow law, applicable Government-wide regulations, and this Article in all medical examinations.
Section 2. Prerequisite Conditions When there are reasonable grounds to believe that a health problem is causing performance or conduct problems of an employee, the employee shall be given an opportunity to provide medical evidence documenting the health problem affecting his/her performance or conduct and/or an opportunity to voluntarily request reasonable accommodation or initiate an application for disability retirement on his/her own behalf.
Section 3. Procedures a. Notice to the Individual. When the Department orders or offers a medical examination or requests medical documentation, it must inform the employee in writing of: 1. the reasons for the examination; 2. the consequences of failure to report for the examination; and 3. the individual's right to submit medical information from his/her own physician or practitioner, and the Agency's obligation to consider such information. 4. Informing the Physician. The Department will ensure that the physician knows exactly what medical information is required, the duties and requirements of the position (including environmental considerations), and any other pertinent factors directly relevant to determining the individual's ability to perform safely and efficiently, without hazard to himself/herself or others. If an employee has been under medical treatment, this fact should be communicated to the examining physician. The results of the examination should take account of the examiner's understanding of the diagnosis, treatment, and rehabilitation provided by the treating physician. If inconsistencies exist between the examiner's and the treating physician's diagnoses and/or conclusions, the examiner should make a concerted effort to account for such inconsistencies and to discuss their implications for the person's employability.
Section 4. Counseling When the Department determines that the performance or conduct of an employee may be health-related, the employee may be encouraged to seek counseling through the Employee Assistance Program.
Section 5. Accommodations When the results of a medical examination reveal that the employee cannot satisfactorily perform his/her regularly assigned job, the Department will consider reasonable accommodation for the employee under the applicable regulations.
Section 6. Records All medical records shall be considered sensitive and will be maintained and used in accordance with the applicable provisions of 5 CFR 339. |
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Article 31 Contracting Out |
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Section 1. General a. The Department acknowledges its responsibility to adhere to law and applicable Government-wide regulations regarding the use of experts, consultants and contractors' employees. b. Upon request of a specific contract relating to contractors, the Department shall provide to Local 12 within thirty (30) days a copy of the contract, with proprietary or privacy act information redacted. c. It is the policy of the Department that a bargaining unit employee will be supervised by supervisory personnel of the Department and not by personnel of a contractor. d. At the request of the Union, Management will meet to explain the rationale for the FAIR Act classification decisions. Section 2. A-76 Competitive Sourcing/Commercial Activity Process The parties have a mutual interest in ensuring constructive employee involvement in implementing the Commercial Activities (A-76) studies initiated by the Department. Therefore: a. The Department shall notify the Union within five (5) workdays of its decision to use an A-76 competition to determine if government personnel should continue to perform work or contract out work that is currently performed by bargaining unit employees. The notice shall identify the affected units and the functions, positions and grade levels of bargaining unit employees affected. The Union shall be notified of all relevant data and information as they become available, including schedules, milestone charts, invitations for bid or requests for proposals, and performance work statements (PWS). b. The Union may appoint a bargaining unit employee on each PWS and Most Efficient Organization (MEO) Team, consistent with OMB Circular A-76 guidelines. An employee may serve on the PWS Team or the MEO Team, but not both. Members of the PWS and MEO Teams will be provided relevant training. In accordance with Article 45, the Union representatives on the PWS and MEO Teams may request a reasonable amount of official time in connection with Team activities. c. The organizational entity holding an A-76 competition shall hold regular meetings to discuss the status of the competition with all affected employees, including bargaining unit employees. d. Management will notify the Union of its decision to contract out work that is currently performed by bargaining unit employees. Such notice will include information regarding any feasibility or cost studies that have been performed, authorized staffing levels, number of position vacancies, their grade and description, indirect costs and, where applicable and available, that information required by OMB Circular A-76. e. Upon receipt of notification of Management's decision to contract out work that is currently performed by bargaining unit employees, the Union may request bargaining in accordance with Article 41. f. The Department shall provide Local 12 a copy of the performance work statement and contract solicitation document when they are released by the contracting officer. Section 3. Personnel Considerations for Displaced Employees a. Provisions contained in Article 32 also cover displaced employees. Displaced employees are entitled to the training referenced in Article 21 but is not limited it. Displaced employees also will receive counseling, to include a discussion concerning the value of individual development. b. Displaced employees are those identified for release from their competitive level by an Agency, in accordance with 5 CFR Part 351 and Chapter 35 of Title 5, United States Code, as a direct result of a decision to convert to contract (contracting out) or accept the Agency's Most Efficient Organization (MEO). c. Federal employees displaced by a decision to convert to contract or public reimbursable source performance have the Right-of-First-Refusal for jobs for which they are qualified that are created by the award of conversion. 1. A standard clause should be included in A-76 cost comparison solicitations notifying potential contractors of this requirement (see Federal Acquisition Regulations [FAR] 52.207-3). The Right-of-First-Refusal is afforded to all Federal employees displaced by the decision to convert to contract performance. 2. Human Resource Officers should work with the contracting officer and employees to implement these provisions. 3. Agencies should exert maximum efforts to find available positions for Federal employees displaced by conversion decisions, including: 4. Giving priority consideration for available positions within the Agency; 5. Establishing a Reemployment Priority List and an effective placement program; 6. Paying reasonable costs for training and relocation that contribute directly to placement; and 7. Registration in the Career Transition Assistance Program (CTAP) and the Interagency Career Transition Assistance Program (ICTAP). |
