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

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Section 6. Hearing SiteAn arbitration hearing will normally be held at the site where the grievance originated; however, toreduce costs and in the interests of efficiency, the hearing site may be changed by mutual consent. Ifmutual consent cannot be reached, the arbitrator may be requested to determine the hearing site.Section 7. Arbitration PanelThe parties will jointly contact the arbitrators on the list in the order in which they were provided by theFederal Mediation and Conciliation Service (FMCS) to determine availability and willingness to serveon the panel. A negative reply by an arbitrator will result in the parties continuing through the list untilan arbitrator is reached who agrees to serve. If the initial list is exhausted without an arbitrator agreeingto serve on the panel, a new list will be obtained from the FMCS and the above noted process willcontinue until an arbitrator agrees to serve on the panel. Fees for this service shall be equally shared bythe parties.Section 8. Notification of Selected ArbitratorsThe arbitrator list shall be jointly managed by the Director, Office of Human Capital Management –Indian Affairs (OHCM-IA) or designee and the Union President or designee. Disputes concerning thearbitrator order should be resolved between these parties prior to an arbitrator being notified of his or herassignment to a specific case. It shall be the responsibility of the party who invokes arbitration, theUnion President or designee, to notify the Director, OHCM-IA. The Director, OHCM-IA, shall notifythe next arbitrator on the list of his or her assignment to a particular case and a copy of this notice willsimultaneously be provided to the Union President or designee. (See sample notification letter inAppendix F). The parties shall promptly notify the opposing party and the arbitrator of the name, phonenumber, address, and e-mail address of their respective representatives or point of contact. Normally,the notification of the respective representatives will occur within ten (10) work days of the notice beingprovided to the arbitrator.Section 9. Exclusive PanelThe panel will be used for all arbitrations.Section 10. MediationNothing shall prevent use of the arbitrators for mediation, if mutually agreed by the parties.Section 11. DecisionsArbitrators will be requested to render decisions no later than thirty (30) days after the close of thearbitration hearing or no later than thirty (30) days after receipt of post-hearing briefs.91
Section 12. VisitorsVisitors and observers will be allowed to attend and observe arbitration proceedings if mutually agreedupon by the parties and the arbitrator.Section 13. Witness Work SchedulesTo allow approved witnesses to participate in arbitrations, employee schedules may be adjusted to allowfor travel or conflicts with regular days off, subject to mission and workload requirements. The partieswill work to resolve any problems or disputes in this regard well in advance of scheduled arbitrationhearings, provided that witnesses have been timely identified. Overtime pay will not be paid towitnesses or any other arbitration participants.Section 14. Scheduling of ArbitrationThe arbitrator will be responsible for scheduling the hearing on a mutually agreeable date. However, thescheduling of a hearing shall not be delayed due to a parties’ failure to designate a representative. Norshould the hearing be unreasonably delayed, in which case the arbitrator has the authority to unilaterallydetermine the hearing date with notice to all parties.Section 15. WithdrawalA grievance may be withdrawn in writing by the grieving party at any stage prior to the arbitrationhearing. The arbitrator cancellation fees, if any, will be shared equally by the parties, except when anegotiated settlement may apportion costs differently.Section 16. Arbitrator’s FeesArbitrator fees and expenses shall be borne equally by the parties. All arbitrator fees, per diem, travelcosts, and court reporter fees, and expenses will be equally split. If either party requests a transcript, thatparty will bear the entire cost of such transcript.Section 17. Witnesses and RepresentativesA. The parties will pay 100 percent of their own representative(s) and witness fees, travel, per diem,and expenses. The parties will equally share the costs of travel and per diem, as appropriate forany witnesses deemed necessary by the arbitrator.B. The Arbitrator, prior to the hearing, will resolve questions raised as to whether a witness isnecessary. The Union representative, if an employee of the agency, the grievant(s), and anyemployee called as a witness whose presence is determined to be necessary, will be excusedfrom duty and authorized official time, if they would otherwise be in duty status, to the extentnecessary to participate in and prepare for the official proceedings. Overtime will not be paid towitnesses, representatives, or any other arbitration participants.92
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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
Page 42 and 43: Article 12Travel and Travel Related
Page 44 and 45: Article 13Workweek and Hours of Wor
Page 46 and 47: . Compressed Work Schedules: A CWS
Page 48 and 49: (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 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 100 and 101: Article 30Education Personnel Syste
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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