Section 1. The Employer and the Union agree that the training and development of employees within the unit is a matter of significant importance. In conjunction with this concept, the Employer, within budgetary limitations, will make available to an employee the training the Employer determines will improve individual and organizational performance and assist in achieving the Employer's mission and performance goals. This would include, but not be limited to, training for newly assigned positions, different positions, and positions which have collateral duties. The Employer and the Union agree to continue encouragement of self-initiated development efforts of individual employees consistent with the terms of this Article, Government-wide rule/regulation, or law.
Section 2. Employees will be selected for training in a fair and impartial manner, i.e., consistent with law and regulation. Training opportunities will be offered without regard to race, color, religion, national origin, age, sex, lawful political affiliation, marital status, physical disability, or membership in a lawful labor organization.
Section 3.
A. Mandatory training which is required by the Agency to ensure that employees maintain adequate proficiency to perform the duties of their position will be conducted during the regular duty hours of the employee. If that is not possible the employees duty hours will be adjusted to allow them to attend the required training.
B. Where optional training (training which is job related and requested by the employee, but attendance is not required) is approved by the Agency, the Agency shall make reasonable adjustments to the employee's shift or work schedule to allow him to attend such training on regular duty hours.
C. When reasonable adjustments to the employee's work schedule that will permit him/her to attend optional training during their regular duty hours cannot be made, the requesting employee will be notified and given the opportunity to attend the training on their own time.
Section 4. The Employer will maintain information about its in-service or Employer-sponsored educational resources. This information will be made available to all bargaining unit employees. Employees seeking counseling and guidance regarding the in-service training program should discuss the matter with their immediate supervisor and/or the appropriate training office.
Section 5. The Employer agrees that when an employee is reassigned due to their position being eliminated, sufficient training, as determined by the Employer will be given to the employee to enable him to perform the duties of the new position. When training is determined to be necessary for new jobs and skills, the Agency will endeavor to utilize existing eligible employees in the unit.
Section 6. When an employee requests non-government training, the Employer will pay authorized expenses for such training at a facility approved by the Employer when the following conditions have been met:
A. The training has been requested in writing on an Employee Request for Training Form (Appendix D) and approved in advance;
B. The training will improve individual knowledge, skills, personal performance, organizational performance and assist in achieving the Employer's mission and performance goals;
C. Existing training programs within National Institutes of Health will not adequately meet the training need;
D. It is not feasible to establish a new training program to meet the need effectively;
E. Reasonable inquiry has failed to disclose the availability of a suitable and adequate program elsewhere in Government;
F. Funds are available to pay for the training;
G. The course is not being taken solely for the purpose of obtaining a degree; and,
H. The approval of such training will not create an undue interference with operational requirements or an imbalance in staffing patterns.
Section 7. Any employee who receives in excess of eighty (80) hours of training in one (1 ) non-Government training program must sign an agreement using the appropriate form to continue in National Institutes of Health employment for a period three (3) times the actual amount of the time spent in training. Employees who fail to successfully complete the training or comply with the requirements of the agreement may be obligated to reimburse the government. However, when an employee fails to attend or academically pass a training course due to circumstances beyond the employee's control, they will not be expected to reimburse the government for the cost of that training. Examples: unforseen severe weather or road conditions, failure by Agency to notify employee in advance of scheduled training, simultaneously scheduled employee training or assignments, and illness.
Section 8. When training is given by the Employer primarily to prepare employees for promotion, selection for the training will be made under the competitive promotion procedures contained in the Agreement. This would include selection under the Career Opportunities Training Agreement (COTA).
Section 9. Where the Employer offers in-service training to enhance job proficiency, excluding required and remedial training, the following procedures will apply:
B. In the event of a posting failure which affects a group of employees, the remedy available under this Agreement shall be limited to priority consideration when such training is offered again. .
Section 10. In cases where training cannot accommodate all interested employees or the needs of the Employer preclude recommending all interested employees, the Employer will seek to provide alternate training opportunities for those interested employees. The Employer will seek to make available such training to bargaining unit employees that enhances the employee's job proficiency and development.
Section 11. The Employer agrees to reimburse employees for all travel, per diem, and other costs directly related to training in accordance with applicable laws and regulations.
Section 12. Employees required to attend training other than at their duty station will be given notification as far in advance as possible and, absent unusual circumstances, at least two (2) weeks prior to the commencement of such training. This requirement may be waived by the employee.
Section 13.
A. Employees whose duties require certification and/or a licence in order to be retained in their current position must successfully complete a training course and/or pass an examination. Failure to successfully complete the training course and/or pass an examination may subject the employee to removal from the position, or, if practicable, be reassigned to a vacant position to which the employee qualifies. Any such action will be taken in accordance with law and the terms of this agreement.
B. In order to determine the quality of training, an evaluation through questionnaires may be conducted by the Employer after any training.
Section 14. Training given during regular duty hours will have a direct effect on production and expenditure of funds. Therefore, the Agency must approve or disapprove all requested training and establish schedules for all approved training.
Section 15. All training authorized by the Agency and documented will be made part of the employee's Official Personnel Folder.
Section 16. Supervisors at all levels should stimulate the interest of employees in self-development and give employees encouragement, guidance and assistance.
Section 17. Once annually, management and the Union will meet to review training data for the bargaining unit. Any discrepancies, obvious training deficiencies or suggestions will be discussed and considered at this time. All problems concerning training will be mutually addressed. Both parties will develop a plan of action to be used to implement any proposed changes. Quarterly training reports for bargaining unit employees, will be provided to the Union. Requested is: last four (4) digits of SSN, date, hours, cost, type or title of training and employees cumulative total training hours for the year.