Section 1. Statement of Purpose

A. The Agency and Local 2419 recognize that the mere declaration not to discriminate in employment is not enough to ensure equality of opportunity. Therefore, the Parties agree that positive steps must be taken to provide equality of opportunity for all employees and to prohibit any discrimination because of race, color, sex, national origin, religion, age, marital status, political affiliation, disability or status as a veteran.

B. The Agency and Local 2419 agree to cooperate in providing equal opportunity for employment and promotion to all qualified persons, to cooperate in ending discrimination, and to promote the full realization of equal employment opportunity through a positive and continuing effort.

Section 2. Management Commitment

A. The Parties agree to work cooperatively to design and implement programs designed to achieve the fullest utilization of employee skills and potential on an equal basis. In this regard, such programs should be designed and implemented according to law and applicable higher-level regulations.

B. The Agency is committed to providing a workplace free of a "glass ceiling" in the National Institutes of Health. A "glass ceiling" is defined as those barriers based on attitudinal or organizational bias that prevent qualified individuals from advancing upward in their organization into management-level positions. The Agency agrees to work to identify and ultimately eliminate any such workplace barriers which may exist at the National Institutes of Health.

C. The Agency will assure equality of opportunity for current personnel and agrees that the application of equal employment principles and practices will include taking appropriate steps to assure equality for present employees. In addition, the Agency shall conduct a continuing program for recruitment of minority group members and women for positions in the Department to carry out the policy of eliminating under representation. The Agencies will direct special efforts at recruiting in minority group communities; in women's organizations; in educational institutions with a significant representation of women and minorities; and from other sources from which members of minority groups and women can be recruited.

D. The Agency agrees to provide the maximum opportunity within available resources and consistent with Agency needs for employees to enhance their skills. The Agency will advise employees on an equal basis of such programs and opportunities.

Section 3. Sexual Harassment

A. The Agency and the Union recognize that sexual harassment is a form of misconduct which undermines the integrity of the employment relationship and adversely affects employee opportunity. All employees must be allowed to work in an environment free from unwelcome sexual overtures. Therefore, the Parties mutually agree to identify and work to eliminate such occurrences.

B. Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature constitutes sexual harassment when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment decisions affecting such individual; or

2. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Section 4. Training

The Union may send one (1) steward per organizational segment of the bargaining unit (MES, MAPB, PRB, LB, NDCC) per year to EEO related training sponsored by the Office of Equal Opportunity, if conducted. The costs associated with such training will be borne by the Agency. Official time for attendance will come from the bank of hours set aside for stewards in Article 6, Section 4. Additional official time may be approved if appropriate. Section 5. Affirmative Employment Plans and Programs

A. The Agency shall review any employment practice or policy which has a disproportionate impact on members of minority groups and women with a view toward its elimination or validation.

B. The Agency shall develop a results oriented program for affirmative employment to resolve problems of under utilization and under-representation of members of minority groups, women, and persons with disabilities. The affirmative employment plan will be developed in accordance with Equal Employment Opportunity Commission (EEOC) and Office of Personnel Management (OPM) guidelines.

C. Union input on the development of the Agency Affirmative Employment Plans shall be provided through the Agency EEO Committee or the Agency Labor Management Relations Committee (ALMRC). The Union can also use this forum to raise any other EEO concerns such as under representation in specific Agencies or occupations. Such discussions could include possible steps to resolve these issues. Such steps may include affirmative recruiting, additional training, or goals and timetables. At the conclusion of these discussions management will provide a response to the Union concerning what appropriate action, if any, management intends to take to address the Union's concerns.

D. The Agency will provide Local 2419 with a copy of the Agency's Affirmative Employment Plan. Upon request by an employee, the Agency shall make available for the review the employee's Agency's affirmative employment plan.

Section 6. Committees and Consultations

A. A semiannual meeting will be held between the ORS and CC EEO Officer, their designee and Local 2419 to discuss EEO matters and concerns. The Union will be entitled to a total of three (3) representatives at this meeting, unless the Parties agree otherwise. The time and place for such meetings shall be determined by mutual Agreement of the Parties.

B. If both Agency management and Local 2419 representatives agree, a special Agency EEO Committee may be established. Where this is not done, EEO concerns shall be brought before the ALMRC.

C. Upon request, the Agency will provide Local 2419 with workforce data pertaining to employees in the bargaining unit. This data will include the following:

1. Workforce composition (overall and by Agency) by race, sex, and grade level; and

2. Promotions EEO matters and concerns. The Union will be entitled to a total of three (3) representatives at this meeting, unless the Parties agree otherwise. The time and place for such meetings shall be determined by mutual agreement of the Parties.

D. Upon request, the Agency will provide Local 2419 with an annual report each fiscal year of the numbers and types of discrimination complaints filed that year against the Agency by bargaining unit employees.

Section 7. Complaint Processing

A. The Agency agrees to carefully, justly, and expeditiously consider and adjudicate complaints of discrimination filed through the EEO administrative complaint process or the negotiated grievance procedure. The Agency and Local 2419 agree to cooperate in attempting to bring about informal resolution of complaints.

B. Persons who allege discrimination or who participate in the presenting of such complaints will be free from restraint, interference, coercion, discrimination, or reprisal.

C. An employee may raise a complaint of discrimination through the Department's EEO administrative complaint process or through the negotiated grievance procedure, but not both. An employee shall be deemed to have exercised this option when the matter that gave rise to the allegation of discrimination is made the subject of a timely filed grievance or formal EEO complaint, whichever event occurs first. Consultation with an EEO counselor pursuant to 29 C.F.R. 1613.213 does not constitute filing a formal EEO complaint.

D. Under the EEO administrative complaint process, a complainant has the right to be accompanied, represented , and advised by a representative of their choosing at any stage of the complaint process, except where there is a conflict of interest or position.

E. The Agency shall notify Local 2419 of all proposed remedial or corrective actions which impact on bargaining unit employees, to be taken as the result of informal or formal resolution of EEO complaints filed under the EEO administrative complaint process.