collective bargaining agreement contract between - Bureau of Indian ...

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Article 30Education Personnel SystemThis Article covers Contract Education Employees. Where 62 BIAM 11 and this Agreementconflict, this Agreement will govern.Section 1. EmploymentContract Education Employees under the authority of P.L. 95-561 are recognized as employees of theBureau of Indian Education. They will be evaluated, supervised, rewarded, disciplined, compensated,hired and removed by BIE management employees. Where 25 CFR Part 38 and this Agreement conflict,the provisions of this Agreement will govern.Section 2. Employment ContractA. There will be a contract between the Bureau of Indian Education and the individual employeehired or converted under P.L. 95-561, as amended. In the event the terms of such contractconflict with the terms of this agreement, this agreement will govern. The contract will show theposition title, the beginning and ending dates of the contract of the career seasonal employee, thehourly and contract salary, the number of vacation days, and the number of administrativelydetermined work days.B. The number of instructional days in the school year will not be changed without first obtaining awaiver as required in 25 CFR.C. When a pre-employment or post-audit review of the qualifications of the employee shows thatthe employee is not suitable or qualified for the position or salary assigned, the contract may beadjusted or terminated. If an error in pay step or level is found that is no fault of or is done withno knowledge of the employee, and if the employee requests a waiver of overpayment, theHuman Resource Officer will recommend to the Bureau’s Payroll office that the overpayment bewaived. If an error is found that indicates the employee is at a lower level or increment, thecorrection in pay will be made in the first pay period following the end of the audit. The auditmust be completed within 90 days of the appointment.D. Where underpayment is found to be solely due to Management administrative error, theemployee will be made whole and paid interest on the unpaid amount at the statutory rate.Section 3. Probationary PeriodA. Probationary Period(1) New employees will serve a probationary period of one (1) academic year. An academicyear is further defined to be the equivalent of two (2) academic semesters. The following99
are examples of the reasons Management may cite to extend an employee’s probationaryperiod for an additional academic semester:a. Performance or conduct related problemb. Conformance with professional standards(2) Deficiencies will normally be identified during mid probationary year review. IfManagement does elect to extend the probationary period, Management must provide awritten probationary extension notification within the last thirty (30) calendar days priorto the end of the initial probationary period. If there is a probationary period extension,the extended probationary period will commence the effective date that the normalprobationary period would have ended. Management will notify the employee in writingand will provide the employee an opportunity to annotate that he/she has received thenotice. Refusal of the employee to acknowledge receipt of the notice does not negate thenotice of extension.(3) Upon request of the employee, a meeting will be held with management to discuss thereasons cited for the extension of the probation as well as to provide guidance.B. Transfers: An employee who transfers within the duty station will not have to serve anotherprobationary period. An employee who voluntarily transfers within the bargaining unit butoutside the duty station, may serve a new probationary period of one academic semester unlessthe employee transfers to a position whose duties are comparable (e.g., a teacher to a teacherposition).Section 4. Contract Renewal/Non-RenewalA. Employees will be notified in writing by management of their employment contract renewal/non-renewal not less than sixty (60) calendar days prior to the end of the contract. Deficiencieswill normally be identified during mid-year review, for a non-renewal based on performancewhen those deficiencies are apparent prior to the review. The employee will be notified inwriting of the projected level and step of the next year’s contract no later than the last day of thecurrent contract.B. If non-renewal is for budget or program conditions, the procedures for reduction-in-force will beused. Non-renewal for cause or inadequate performance is grievable if the employee is notserving a probationary period.(1) An employee whose contract is recommended for non-renewal will be given ten (10)work days to request an informal hearing before the appropriate official to appeal thatrecommendation. The employee may utilize union representation during this informalhearing. The appropriate Federal official has fifteen (15) work days to render a writtendecision to the employee. If the recommendation for non-renewal is sustained, the100
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Section 4. Remittance .............
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Section 7. Recall .................
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Section 2. Representation .........
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Section 4. Uniforms, Weapons and Sa
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Section 11. Exclusions for current
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Article 2Effect of Law and Regulati
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time for the days required to atten
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epresentative being given a copy of
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B. Management will not compel emplo
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Article 5Management RightsSection 1
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Article 6Voluntary Allotment of Uni
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Article 7Information and Publicatio
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Article 8Orientation of New Employe
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Section 4. Avenues of RedressEmploy
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Notice to families of employees inv
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Section 13. Unusual ConditionsA. An
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L. When a testing designated bargai
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Article 11Government Furnished Quar
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(tenant) receives no final decision
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Article 12Travel and Travel Related
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Article 13Workweek and Hours of Wor
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. Compressed Work Schedules: A CWS
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(5) Credit hours must be earned wit
Page 50 and 51: Article 14TeleworkSection 1. Purpos
Page 52 and 53: Section 4. Coverage of Office Funct
Page 54 and 55: Section 7. RecallEmployees particip
Page 56 and 57: Article 15Overtime/Compensatory Tim
Page 58 and 59: Section 1. GeneralArticle 16Career
Page 60 and 61: (2) Address the employees incapacit
Page 62 and 63: iii. Parent is defined as the emplo
Page 64 and 65: Section 6. Administrative Leave/Exc
Page 66 and 67: Section 10. Inclement Weather Condi
Page 68 and 69: (1) Upgrading of a position resulti
Page 70 and 71: promotions among employees when the
Page 72 and 73: Article 20Position DescriptionsSect
Page 74 and 75: Article 21Performance Standards and
Page 76 and 77: (4) Needed action(s) to obtain mini
Page 78 and 79: Article 23Discipline and Adverse Ac
Page 80 and 81: employee which the employee may pro
Page 82 and 83: B. The parties agree that grievance
Page 84 and 85: Article 25Grievance ProcedureSectio
Page 86 and 87: employees can appeal adverse action
Page 88 and 89: official. If the decision is upheld
Page 90 and 91: Section 18. Time LimitsParties may
Page 92 and 93: Section 6. Hearing SiteAn arbitrati
Page 94 and 95: C. The parties will furnish names o
Page 96 and 97: Section 5. RecordsIt is the respons
Page 98 and 99: Article 29Law EnforcementSection 1.
Page 102 and 103: employee will be given ten (10) wor
Page 104 and 105: than one (1) hour from the start of
Page 106 and 107: donated on the basis of the total e
Page 108 and 109: coast defense training. Military le
Page 110 and 111: Section 15. Stipends(2) Employees w
Page 112 and 113: (2) Subsequent to receiving such no
Page 114 and 115: Section 4. School BoardsIn accordan
Page 116 and 117: Section 13. Student/Teacher RatiosE
Page 118 and 119: D. Official Personnel Folder (OPF).
Page 120 and 121: C. Employees will have an opportuni
Page 122 and 123: A. Management will provide a list o
Page 124 and 125: Article 34Negotiation and Supplemen
Page 126 and 127: Section 6. Local SupplementsA. The
Page 128 and 129: Section 8. Approval of Supplemental
Page 130 and 131: Article 35Strikes and PicketingIt i
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