Section 1. For the purposes of this Article, the following definitions shall apply:
Section 2. Where continuing services on Saturdays, Sundays or outside the basic workweek is required, the Agency will endeavor when establishing tours of duty and shift assignments provide for employee rotation in accordance with Article 16.
Section 3. The Agency reserves the right to schedule basic workweeks, establish or reschedule tours of duty, and make assignments in the interest of effective management of operations. Nevertheless, the Agency will endeavor to schedule workweeks, tours of duty and assignments so that all employees will have two (2) consecutive days off each week.
Section 4. For employees assigned to work where special conditions may be encountered such as in scheduling the work or gaining access to the work site, it is agreed that special work schedules for small groups of employees may be arranged. Work groups will be selected on a volunteer basis from all qualified employees. If a sufficient number of employees to perform the required duties cannot be acquired by volunteers then management may select the appropriate number required, giving work selection preference, and selection/non-selection rights to the employee with most senior time in the bargaining unit. The Agency will notify the Union Steward, and he/she will be allowed to be present during discussions with employees when selections are being made.
Section 5. The Agency will consider and, if possible, approve all reasonable requests by employees for rescheduled tours of duty to allow employees to actively participate in grievance and arbitration procedures as provided by Articles 31 and 32 of this contract on appeals procedures provided by regulation, or for NIH or Union sponsored training.
Section 6. Work Schedules
A. When the head of an agency establishes a flexible or compressed work schedule under Section 6122 or Section 6127 of Title 5, United States Code, he or she shall establish a basic work requirement for each employee as defined in Section 6121 of Title 5, United States Code. A flexible or compressed work schedule is a scheduled tour of duty and all work performed by an employee within the basic work requirement is considered regularly scheduled work for premium pay and hours of duty purposes. The following shall apply to all others.
Establishment of work schedules.
1. Except when the head of an agency determines that the agency would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he or she shall provide that:
Section 7. Variations in Schedules for Educational Purposes
A. Notwithstanding the provisions of Section 5 above, the Agency may authorize a special tour of duty of not less than forty (40) hours to permit an employee to take one or more courses in a college, university, or other educational institution when it is determined that:
Section 8. Employees shall be compensated for hours of work in accordance with applicable laws and regulations.
Section 9. Basic workweek for the sections of MES as of the effective date of this Agreement are:
Elevator Unit
Day crew: 8:00 a.m. to 4:30 p.m. with a 30 minute unpaid lunch period. Employees on an alternative work schedule are scheduled from 7:00 a.m to 4:30 p.m. on their 9 hour days and 7:00 a.m. to 3:30 p.m. on their 8 hour day.
Second shift employees: 4:00 p.m. to 12 midnight, with an unspecified lunch period during working hours when they may be spared from their duties.
Power Plant Unit
Day maintenance crew, day electricians, instrument lab, shop planners: 7:30 a.m. to 4 p.m., with a 30-minute unpaid lunch period. Employees on an alternative work schedule are scheduled from 6:30 a.m. to 4 p.m. on their 9-hour days and 6:30 a.m. to 3 p.m. on their 8-hour day.
Shift Leader and Electrician (High Voltage) Employees: 6 a.m. to 2 p.m.; 2 p.m. to 10 p.m.; and 10 p.m. to 6 a.m., with an unspecified lunch period during working hours when they can be spared from their duties. Shift Boiler Plant Operator's hours will remain on their current tour which is: 7 a.m. to 3 p.m.; 3 p.m. to 11 p.m.; and 11 p.m. to 7 a.m., with an unspecified lunch period during working hours when they can be spared from their duties.
Building Maintenance Unit Hours of Work:
Day Crew: 8 a.m. to 4:30 p.m., with a 30-minute unpaid lunch period. Employees on an alternative work schedule are scheduled from 7 a.m. to 4:30 p.m. on their 9-hour days and 7 a.m. to 3:30 p.m. on their 8-hour day.
Shift employees: 7 a.m. to 3 p.m.; 3 p.m. to 11 p.m.; and 11 p.m. to 7 a.m., with an unspecified lunch period during working hours when they may be spared from their duties.
1. Miscellaneous Provisions
B. Employees assigned to shifts will have no scheduled lunch period, but such employees will be allowed an unspecified period of time during their tour of duty to eat lunch at such times as they can be spared from their duties.
C.The officially recognized lunch period for day working personnel will be: BMU, CCMU, Poolesville 12 noon - 12:30 p.m. and Power Plant Station 11:30 - 12 noon.
D.For the purpose of clean-up time for MES employees at the end of the work day it is agreed; 30 minutes of clean-up time (taking showers) will be allowed to be utilized for personal hygiene at the end of the work day. However, employees who do not utilize clean-up time for personal hygiene will be expected to remain on the job site performing work until their shift is completed, except for such time as to change clothes.
MES employees assigned to shift duties may be required to clean-up in rotation. Shift employees may be recalled during clean-up to their duty stations during critical operating situation or may not be allowed any clean-up time under such circumstances. NDCC employees will be allowed 15 minutes at the end of the workday, for personal hygiene. However, employees who do not utilize the clean-up time for personal hygiene will be expected to remain on the job site performing work until their shift is completed, except for time allowed to change clothes.
Employees assigned to remote work sites will be allowed an appropriate amount of travel time to return to their normal mustering station or designated cafeteria and break areas prior to the beginning of lunch.
All employees are encouraged to take breaks and lunch periods in designated cafeteria and break areas. Consumption of food and beverages outside those recognized areas is strongly discouraged. All employees will return promptly to their work at the end of the lunch or break period.
E. Breaks in working hours of two (2) twenty-minute breaks will be observed, Generally, breaks will be approximately halfway between the start of the day and lunch, and halfway from the end of lunch to the end of the workday, workload permitting.
F. All employees in the following units are considered emergency personnel. In DES: Building Maintenance Unit, Clinical Center Maintenance Unit, Power Plant. Those designated on the list below are expected to report for work during normal working hours, regardless of news media instructions. All other employees of the bargaining unit, regardless of news media instructions are required to call in within the first hour of the scheduled work day to determine if they are needed at that time. The supervisor will instruct the employees to report to work or standby at home for call-in if needed during normal work day hours. If an employee does not report or does not call in, he will be charged AWOL.
When emergencies warrant early dismissal, all MES employees are considered essential. No employee will be released until notified by the office of your Unit Chief. Employees will not unduly be called or retained at work after the government is closed without justifiable need.
MES personnel required to report on time regardless of news media instructions:
Building Maintenance Unit:
Clinical Center Maintenance Unit:
Power Plant Unit:
Automated Systems Unit:
G. The Parties agree that shift assignments must be properly staffed twenty-four 24 hours per day, seven (7) days per week. When extreme weather conditions result in shift personnel not being relieved and thereby required to work for extended periods of time (more than sixteen [16] hours), the shift supervisor or shift head will make every reasonable effort to find a relief for the employee. Employees that are called in under these circumstances will make every reasonable effort to report to work. The shift head or shift supervisor will not be limited to only those employees currently assigned to shift work but will call all qualified employees in the section until someone is found that can relieve the shift.
H. Employees who are required to work more than two (2) consecutive shifts may request from their supervisor the opportunity to rest in an NIH provided bunk or sleeping area. The normally designated bunk/sleeping area will be the Fire Station Bunk Room or arrangements will be made at the Clinical Center on a space available basis.
I. Employees shall be compensated for hours of work in accordance with applicable laws and regulations.
J. When the Agency has a need to change the employees schedule, two (2) weeks advance notice will be given, when possible.
K. Work schedules and any changes thereto shall be posted on all official bulletin boards within the applicable area.
Section 10. Basic workweek for the Nutrition Department, CC, as of the effective date of this Agreement are:
Subsection 1. The Employer and the Union agree that the following condition of employment exists and that they are made known to all employees including persons accepting employment in the Nutrition Department, CC unit.B. Hours of duty will be assigned according to the needs of the Nutrition Department.
C. Employees are assured of at least every other weekend off. A weekend is defined as Saturday and Sunday. Exceptions to this are the relief positions. Employees who repeatedly fail to work their assigned weekend tour will be scheduled to an equal amount of additional weekend tours.
D. A thirty minute (30) lunch period for employees of the bargaining unit will be established for every position by the Employer. Changes in the lunch period may be made by the Employer to provide adequate staffing or to maintain continuity of the work flow.
E. Breaks in working hours of two (2) twenty-minute (20) breaks will be observed. Generally, breaks will be approximately halfway between the start of the day and lunch, and halfway from the end of lunch to the end of the workday, workload permitting.
F. One week of schedules will be posted on Friday of each week, fourteen (14) calendar days in advance of becoming effective. Posted work schedules will not be changed, except in emergency situations, or in circumstances that would seriously handicap the employer in accomplishing its functions or would substantially increase costs.
G. All bargaining unit employees are designated as emergency employees, and are governed by the Clinical Centers policy for emergency employees. Emergency employees are expected to report to work in order that essential patient services are met despite the temporary closing of NIH work places either by early dismissal or by the declaration of a non-workday.
Subsection 2. No employee will be required to remain beyond the end of their scheduled shift for the purpose of putting away government property and equipment necessary for their work. Employees are not to leave the duty area until the end of their shift.
Subsection 3. Employees are required to obtain approval from their supervisors before leaving their assigned place of work during duty hours. In emergency situations of short duration, i.e., rest room, etc., where no supervisor is immediately available, the employee will inform a co-worker at the job site of their need to leave the job site. Employees absenting themselves from the job site of their assigned duties without authorization may be charged absence without leave (AWOL).
Section 11.
Basic workweek for the Library Branch Unit as of the effective date of this Agreement are:Subsection 1. The NIH Library is open to NIH staff and the public 365 days a year. At least one Library Circulation Unit staff member is on duty at all times. For the great majority of the Library staff, however, the basic workweek is Monday through Friday.
Subsection 2. Library employees who work in the Circulation Unit have set shifts to assure that at least one (1) permanent staff member is on duty at all times the Library is open.
Subsection 3. The Library management reserves the right to schedule basic workweeks, establish or reschedule tours of duty, and make assignments in the interest of effectively carrying out the mission of the Library.
Subsection 4. In the event Circulation Unit staff are not able to cover all hours the Library is open, volunteers will be solicited from other permanent staff. If this requires a volunteer to work more than forty (40) hours, or evening and weekends, they may elect to receive compensatory time, or be paid overtime plus the appropriate shift differential for the time worked.
Subsection 5. Basic workweek for all Library employees, except Circulation Unit employees, is Monday through Friday. With the approval of their supervisor, employees may elect a tour that begins as early as 7 a.m. and as late as 9:30 a.m., and that ends no earlier than 3:30 p.m. and no later than 6 p.m. Approval is dependent upon need to staff service and reception desks between 8:30 a.m. and 5 p.m.
Circulation UnitTo assure the Library is staffed during all hours the Library is open, the following tours have been assigned to the employees assigned to this unit:
Subsection 6. Miscellaneous Provisions
A. Each employee will be at their workstation and prepared to begin their duties at the beginning of their tour, or shift, and at the conclusion of the lunch period.
B. Employees assigned to shifts will have a scheduled meal period. When a permanent staff member cannot relieve them, a contractor employee will do so.
C. All employees are encouraged to take breaks and lunch periods in designated cafeteria and break areas. Lunch is no more than thirty (30) minutes. Two (2) twenty-minute (20) breaks also may be taken any time during the day, except they can be taken no earlier than one (1) hour after the employee's tour begins, and no later than one (1) hour before the tour is scheduled to end.
D. All Circulation Unit staff are considered essential. However, since only one (1) person is needed to open the Library, a written schedule listing which person in the Unit is essential on any particular day is prepared and shared in advance with all Circulation Unit staff members. During a weather-related emergency, when the government is "shut down," the Library is open from 1 p.m. to 5 p.m. The Circulation Unit employee who is essential on that day is expected to report to work in time to open the Library by 1 p.m. All others may stay home. When local news media report that OPM has authorized Unscheduled Leave, non-essential employees must call in within the first hour of the scheduled workday to inform the supervisor or their designee that they will not be coming to work. If an employee does not call in or report to work when required, he may be charged AWOL. Staff may be dismissed early when emergencies warrant; however, no Library employee will be released until notified by the Branch Chief or their designee.
Subsection 7. It is understood by the Parties to this Agreement that the Library is responsible, via the supervisors and timekeepers, for collecting and certifying the attendance of employees for payroll purposes. This may involve leave approval, approved overtime/compensatory time forms, and/or other documentation deemed appropriate, and may require timekeeping and attendance procedures involving sign in/sign-out cards or sheets, or mechanical timekeeping devices.
Section 12. Basic workweeks for the MAPB Unit as of the effective date of this Agreement are:
Subsection 1. The basic workweek will consist of five (5) days of eight (8) hours each, Monday through Friday, with a 30-minute unpaid lunch period. Employees may be allowed to work according to one of the following tours of duty which are subject to the approval of the supervisor:
a.7:30 a.m.- 4:00 p.m. M-FEmployees may participate, at management's discretion, in Compressed Work Schedule (CWS) provided that a sufficient number of employees are available during the core business hour of 8 a.m. to 5 p.m. to perform the functions vital to the MAP mission. MAPB utilizes the 5/4/9 Compressed Work Schedule. Employees participating in CWS will work eighty (80) hours per pay period, eight (8) 9-hour days, one (1) 8-hour day, with a 30-minute unpaid lunch period and one (1) day off. The CWS tour choices for nine-hour (9) days are subject to the approval of the supervisor are:
Based on prior scheduling and required office coverage, day off choices subject to the approval of the supervisor are:
All requests for participation or change in an employee's CWS must be reviewed by the respective Division Director. All request must be approved by the Executive Officer as the ORS AWS Coordinator.
Supervisors maintain the right to revoke CWS or any tour that has a negative impact on the MAPB mission, or if employees abuse the privilege.
In selecting tours scheduling short days and days off, it is required that full office coverage and "Client Services" be provided during core business hours of 6 a.m. to 5 p.m. Monday through Friday.
CWS While on Travel or During Training:
Prior to the actual activity period, the employee and supervisor will determine the impact that the activity will have on CWS tour and put in place suitable solutions for both work coverage and assure that a full forty-hour (40) week is worked. In general, particularly when travel and/or training is off site and more than one (1) or two (2) days in duration, the employee will return to a normal work week.
Employees will endeavor to maintain coordination of services and products produced. The other employees on CWS while not having to actually do the absent employee's work, agree to the following as a condition of CWS participation:
A. Answer general questions about absent employee's duties, endeavor to answer questions about status of work in progress for which the absent employee is responsible to return "emergency" phone call for the absent employee;
B. Handle any essential or emergency request or task for the absent employee; and
C. Convey all necessary information on pertinent activities to employee when the employee returns.
Subsection 2. Agency will maintain stable work schedules when practicable, and will whenever possible provide employees advance notice of any change in work schedules.
Subsection 3. The Agency has the authority to terminate CWS and other tour participation for an entire organization or for an individual employee. An employee can also request termination of their participation in CWS or other tour at any time. Participation in CWS or other tours is totally voluntary. Executive Officer (Division Director) approval is not required for termination of CWS participation, however the Executive Officer (Division Director) should be notified, in writing.
Section 13. Basic workweek for the PRB Unit as of the effective date of this Agreement is:
Subsection 1.The basic workweek will consist of five (5) eight-hour (8) days, of normally Monday through Friday 8 a.m. to 4:30 p.m. with a thirty-minute (30) unpaid lunch period.
Employees on an alternative work schedule are scheduled from 8 a.m. to 4:30 p.m. on their nine-hour (9) days and 7 a.m. to 3:30 a.m. on their eight-hour (8) day.
Subsection 2. Tours of duty and shifts already established by the Employer will remain in effect. Except in the case of emergencies neither the basic workweek nor regular hours of work will be changed without prior notification to the Union, except as directed by regulations from higher authority.
Subsection 3. Employees are expected to report to their respective designated duty stations ready to begin work promptly at the start of the scheduled tour of duty, at the end of breaks, and the end of the of the luncheon break. When excused to attend cultural functions and/or recognized official functions employees will report to work promptly after the end of the function or expiration of authorized excused time.
Subsection 4. No employee's tour of duty will be rescheduled to avoid the payment of overtime. However, tours of duty may be rescheduled to provide for employee participation in grievance and arbitration procedures.
Subsection 5. Adequate time will be provided for employees to put away government property and equipment necessary for their work. In order to maintain machines in proper operating condition, employees operating machines will be provided adequate time to clean and inspect the equipment, perform first echelon maintenance, and maintain the immediate work area in a clean and orderly condition. When an emergency arises an employee may continue operating without clean up until the end of the work day. No employee will be required to remain beyond the end of their work day for this purpose.
Subsection 6. A reasonable amount of time will be allowed for cleanup before lunch. All employees will return promptly to their work at the end of their lunch period. Reasonable changes in the lunch period may be made by supervisors to cover emergencies, or to maintain continuity on a project.
Subsection 7. Two (2) twenty-minute rest periods may be observed unless unusual workload conditions will not permit, one (1) period approximately two (2) hours after the start of work and the other approximately two (2) hours before the end of the shift.
Subsection 8. When administrative excused leave is authorized for NIH employees because of inclement weather, breakdown of equipment, or other emergency situations, designated employees of the bargaining unit must report for work unless they have been advised by their supervisor that their services are not needed. Employees on duty whose services cannot be utilized and who are not required to stand by or provide essential services shall be excused without charge to leave.
Subsection 9. It is understood by the parties to this Agreement that the Employer is responsible for collecting job cost data and accurately certifying attendance of employees for payroll purposes, and may require timekeeping and attendance procedures involving sign-in/out cards or mechanical timekeeping devices. It is agreed that the Employer will not change the timekeeping procedures without prior notification to the Union.
Section 14. Flexible and/or compressed work schedules
A. Within 120 days of the signing of this agreement a flextime pilot program will be implement for PWB in one work area agreed upon using Interest Based Bargaining (IBB) principles pursuant to the Partnership Article.
B. Changes in existing flexible and/or compressed work schedules within each segment of the bargaining unit will be considered on a case-by-case basis.