American Federation of Government Employees, AFL-CIO (Respondent) and U.S. Air Force, Air Force Logistics Command, Wright-Patterson Air Force Base, Ohio (Charging Party) 

 



[ v04 p272 ]
04:0272(39)CO
The decision of the Authority follows:


 4 FLRA No. 39
 
 AMERICAN FEDERATION OF GOVERNMENT
 EMPLOYEES, AFL-CIO
 Respondent
 
 and
 
 U.S. AIR FORCE, AIR FORCE LOGISTICS
 COMMAND, WRIGHT-PATTERSON AIR FORCE
 BASE, OHIO
 Charging Party
 
                                            Case No. 5-CO-4
 
                            DECISION AND ORDER
 
    THIS MATTER IS BEFORE THE AUTHORITY PURSUANT TO THE REGIONAL
 DIRECTOR'S ORDER TRANSFERRING CASE TO THE FEDERAL LABOR RELATIONS
 AUTHORITY IN ACCORDANCE WITH SECTION 2429.1(A) (5 CFR 2429.1(A)) OF THE
 AUTHORITY'S RULES AND REGULATIONS.
 
    UPON CONSIDERATION OF THE ENTIRE RECORD IN THE SUBJECT CASE,
 INCLUDING THE PARTIES' STIPULATION OF FACTS, ACCOMPANYING EXHIBITS AND
 BRIEFS SUBMITTED BY THE RESPONDENT, THE CHARGING PARTY AND THE GENERAL
 COUNSEL, THE AUTHORITY FINDS:  DURING THE COURSE OF CONTRACT
 NEGOTIATIONS, THE ACTIVITY (CHARGING PARTY) ADVANCED SEVERAL PROPOSALS
 CONCERNING THE FOLLOWING MATTERS:  POLICY CHANGES DURING THE TERM OF THE
 PARTIES' AGREEMENT, UNION REPRESENTATION, AND THE PARTIES' NEGOTIATED
 GRIEVANCE PROCEDURE.  THE UNION (RESPONDENT) REFUSED TO NEGOTIATE OVER
 PORTIONS OF THESE PROPOSALS ON THE BASIS THAT THEY PERTAINED TO INTERNAL
 UNION AFFAIRS AND WERE THEREFORE OUTSIDE THE MANDATORY SCOPE OF
 BARGAINING.  THE CHARGING PARTY THEREUPON FILED AN UNFAIR LABOR PRACTICE
 CHARGE BASED UPON THE REFUSAL TO BARGAIN, AND THE GENERAL COUNSEL
 SUBSEQUENTLY ISSUED A COMPLAINT ALLEGING A VIOLATION OF SECTION
 7116(B)(5) AND (1) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS
 STATUTE (THE STATUTE) BASED UPON THE RESPONDENT'S CONCEDED REFUSAL TO
 NEGOTIATE.  /1/
 
    AS A PRELIMINARY MATTER, THE AUTHORITY WAS PRESENTED WITH THE
 CHARGING PARTY'S ASSERTION THAT, AS THE RESPONDENT FAILED TO ANSWER THE
 GENERAL COUNSEL'S COMPLAINT, SUCH FAILURE, PURSUANT TO SECTION
 2423.13(B) OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2423.13(B)),
 SHOULD BE DEEMED AN ADMISSION OF THE ALLEGATIONS CONTAINED IN THE
 COMPLAINT AND SHOULD RESULT IN THE FINDING OF A VIOLATION.  /2/ THE
 AUTHORITY NOTES THAT SUCH ASSERTION WAS RAISED FOR THE FIRST TIME BY THE
 CHARGING PARTY IN ITS BRIEF TO THE AUTHORITY, FILED AFTER THE PARTIES
 HAD ENTERED INTO A STIPULATION OF FACT APPROVED BY THE REGIONAL
 DIRECTOR, IN WHICH STIPULATION THE RESPONDENT DID IN FACT PLEAD TO THE
 ALLEGATIONS RAISED IN THE COMPLAINT.  MOREOVER, THERE HAS BEEN NO
 SHOWING THAT THE RESPONDENT'S FAILURE TO ANSWER THE COMPLAINT IN ANY
 MANNER PREJUDICED THE CHARGING PARTY OR THE GENERAL COUNSEL INASMUCH AS
 BOTH PARTIES NOT ONLY ENTERED INTO THE STIPULATION BUT WERE AWARE OF THE
 RESPONDENT'S POSITION AS EVIDENCED BY THEIR SUBMISSIONS TO THE
 AUTHORITY.  UNDER THESE CIRCUMSTANCES, THE RESPONDENT'S FAILURE TO
 ANSWER THE COMPLAINT DOES NOT, IN AND OF ITSELF, REQUIRE THE AUTHORITY
 TO FIND A VIOLATION OF THE STATUTE.
 
    THE UNDISPUTED FACTS, AS STIPULATED BY THE PARTIES, ARE AS FOLLOWS:
 ON JANUARY 13, 1978, THE RESPONDENT WAS CERTIFIED AS THE EXCLUSIVE
 REPRESENTATIVE OF A CONSOLIDATED UNIT OF APPROXIMATELY 70,000 EMPLOYEES
 LOCATED AT A NUMBER OF THE ACTIVITY'S FACILITIES.  IN FEBRUARY 1979,
 DURING CONTRACT NEGOTIATIONS FOR A MASTER AGREEMENT COVERING THE
 EMPLOYEES IN THE FOREGOING CONSOLIDATED UNIT, THE ACTIVITY TO BE OUTSIDE
 ITS DUTY TO BARGAIN AND CONCERNING WHICH IT REFUSED TO NEGOTIATE.  THESE
 PROPOSALS, WHICH ARE SET FORTH IN AN APPENDIX TO THIS DECISION (WITH THE
 DISPUTED PORTIONS UNDERSCORED), PERTAIN TO "POLICY CHANGES DURING THE
 TERM OF THIS AGREEMENT," "UNION REPRESENTATION," AND "GRIEVANCE
 PROCEDURE."
 
                         FINDINGS AND CONCLUSIONS
 
    THE RECORD REVEALS THAT THE PROPOSALS IN ESSENCE PRESCRIBE THE
 ORGANIZATIONAL LEVEL AND SEGMENT FROM WHICH THE RESPONDENT MUST
 DESIGNATE ITS REPRESENTATIVES WHEN DEALING WITH AGENCY MANAGEMENT ON THE
 ABOVE-NOTED MATTERS.  FOR EXAMPLE, WITH REGARD TO THE APPOINTMENT OF
 UNION STEWARDS PURSUANT TO THE ACTIVITY'S PROPOSAL CONCERNING "UNION
 REPRESENTATION," THE UNION WOULD BE REQUIRED TO SELECT EACH SUCH STEWARD
 ONLY FROM AMONG THE EMPLOYEES LOCATED IN THE ORGANIZATIONAL SEGMENT THE
 STEWARD WOULD REPRESENT.  AND, WHEN DEALING WITH AGENCY MANAGEMENT
 CONCERNING POLICY CHANGES DURING THE TERM OF THE AGREEMENT, THE
 DESIGNATED REPRESENTATIVE FOR DEALING WITH MANAGEMENT ON MATTERS BELOW
 THE ACTIVITY'S DIVISION LEVEL WOULD BE THE APPROPRIATE DISTRICT STEWARD,
 PURSUANT TO THE ACTIVITY'S PROPOSAL, WHILE THE UNION REPRESENTATIVE
 DESIGNATED TO DEAL WITH MANAGEMENT ON DIVISION AND DIRECTORATE LEVEL
 MATTERS WOULD BE THE DIVISION AND DIRECTORATE STEWARDS, RESPECTIVELY.
 MOREOVER, UNDER THE ACTIVITY'S PROPOSAL, MATTERS HAVING ACTIVITY-WIDE
 IMPACT COULD BE NEGOTIATED ONLY BY THE RESPONDENT'S PRESIDENT.
 SIMILARLY, THE PROPOSAL PERTAINING TO THE GRIEVANCE PROCEDURE WOULD
 SPECIFY THE ORGANIZATIONAL LEVEL OF THE STEWARD INVOLVED AT THE SECOND
 STEP OF THE GRIEVANCE PROCEEDING.
 
    IN OUR VIEW, IT IS WITHIN THE DISCRETION OF BOTH AGENCY MANAGEMENT
 AND LABOR ORGANIZATIONS HOLDING EXCLUSIVE RECOGNITION TO DESIGNATE THEIR
 RESPECTIVE REPRESENTATIVES WHEN FULFILLING THEIR RESPONSIBILITIES UNDER
 THE STATUTE.  SEE, GENERALLY, NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
 LOCAL 1451 AND NAVAL TRAINING CENTER, ORLANDO, FLORIDA, 3 FLRA NO.
 14(1980), WHEREIN THE AUTHORITY, IN FINDING THAT A UNION PROPOSAL WHICH
 WOULD REQUIRE THE ACTIVITY TO DESIGNATE A MINIMUM NUMBER OF
 REPRESENTATIVES FOR THE PURPOSE OF NEGOTIATIONS WAS OUTSIDE THE
 ACTIVITY'S DUTY TO BARGAIN UNDER THE STATUTE, FURTHER NOTED THAT,
 "(A)LBEIT FOR DIFFERENT REASONS, A MANAGEMENT PROPOSAL THAT THE UNION
 DESIGNATE A PARTICULAR NUMBER OF REPRESENTATIVES TO NEGOTIATIONS
 LIKEWISE WOULD NOT BE WITHIN THE DUTY TO BARGAIN UNDER THE STATUTE."
 
    THE PROPOSALS IN THE INSTANT CASE, AS NOTED ABOVE, WOULD GENERALLY
 REQUIRE THE RESPONDENT TO DESIGNATE ITS REPRESENTATIVES FROM PRESCRIBED
 ORGANIZATIONAL LEVELS AND SEGMENTS WHEN DEALING WITH AGENCY MANAGEMENT
 IN THE PERFORMANCE OF CERTAIN REPRESENTATIONAL FUNCTIONS.  AS SUCH, THE
 PROPOSALS WOULD INFRINGE UPON THE RESPONDENT'S PREROGATIVE TO DESIGNATE
 ITS OWN REPRESENTATIVES FOR SUCH PURPOSES.  THE PROPOSALS, THEREFORE,
 ARE OUTSIDE THE REQUIRED SCOPE OF BARGAINING AND THE RESPONDENT'S
 REFUSAL TO BARGAIN CANNOT BE HELD TO CONSTITUTE A VIOLATION OF THE
 STATUTE.  THIS IS NOT TO SAY, HOWEVER, THAT A UNION MAY NOT, IF IT SO
 ELECTS, BARGAIN OVER SUCH MATTERS.  INDEED, THERE IS MERIT TO
 FORMALIZING THE BARGAINING RELATIONSHIP TO THE EXTENT THAT IT WOULD LEAD
 TO STABILITY AT THE WORKPLACE AND, IN FACT, MANY COLLECTIVE BARGAINING
 AGREEMENTS IN THE FEDERAL SECTOR PROVIDE FOR A FORMALIZED BARGAINING
 RELATIONSHIP.  HOWEVER, IN THIS CASE, THE RESPONDENT ELECTED NOT TO
 BARGAIN OVER THE PROPOSALS, WHICH ARE PERMISSIVE IN NATURE AND THEREFORE
 OUTSIDE THE REQUIRED SCOPE OF BARGAINING.  ACCORDINGLY, ITS CONDUCT IN
 THIS REGARD CANNOT BE HELD TO CONSTITUTE A VIOLATION OF THE STATUTE, AND
 THE COMPLAINT ALLEGING A VIOLATION OF SECTION 7116(B)(5) AND (1) OF THE
 STATUTE MUST BE DISMISSED.
 
                                   ORDER
 
    IT IS HEREBY ORDERED THAT THE COMPLAINT IN CASE NO. 5-CO-4 BE, AND IT
 HEREBY IS, DISMISSED.
 
    ISSUED, WASHINGTON, D.C., SEPTEMBER 26, 1980
 
                       RONALD W. HAUGHTON, CHAIRMAN
                       HENRY B. FRAZIER III, MEMBER
                       LEON B. APPLEWHAITE, MEMBER
                       FEDERAL LABOR RELATIONS AUTHORITY
 
 
 
 
                                 APPENDIX
 
             POLICY CHANGES DURING THE TERM OF THIS AGREEMENT
 
    SECTION 1.  THE EMPLOYER AND THE UNION, THROUGH APPROPRIATE
 REPRESENTATIVES, SHALL MEET AT REASONABLE TIMES AND PLACES AND CONFER IN
 GOOD FAITH WITH RESPECT TO PERSONNEL POLICIES AND PRACTICES, AND MATTERS
 AFFECTING WORKING CONDITIONS THAT ARE NOT COVERED BY THIS AGREEMENT, SO
 FAR AS MAY BE APPROPRIATE UNDER APPLICABLE LAWS AND REGULATIONS AND THIS
 AGREEMENT, INCLUDING POLICIES SET FORTH IN THE FEDERAL PERSONNEL MANUAL,
 PUBLISHED AGENCY POLICIES AND REGULATIONS FOR WHICH A COMPELLING NEED
 EXISTS UNDER CRITERIA ESTABLISHED BY THE FEDERAL LABOR RELATIONS COUNCIL
 AND WHICH ARE ISSUED AT THE DEPARTMENT OF DEFENSE LEVEL OR AT THE
 HEADQUARTERS AIR FORCE LEVEL, THIS AGREEMENT, AND EXECUTIVE ORDER 11491,
 AS AMENDED.
 
    SECTION 2.  WHEN THE EMPLOYER ESTABLISHES OR CHANGES PERSONNEL
 POLICIES, PRACTICES, OR MATTERS AFFECTING WORKING CONDITIONS WHICH ARE
 WITHIN THE DISCRETION OF THE EMPLOYER AND NOT OTHERWISE GOVERNED BY THE
 TERMS OF THIS AGREEMENT OR LOCAL SUPPLEMENTS THERETO, THE FOLLOWING
 PROCEDURES SHALL APPLY.  POLICIES AND PRACTICES ESTABLISHED UNDER THE
 PROVISIONS OF THIS ARTICLE SHALL NOT BE CONSTRUED AS SUPPLEMENTS TO THIS
 MASTER AGREEMENT OR LOCAL SUPPLEMENTS THERETO.  HOWEVER, DISPUTES OVER
 THE INTERPRETATION/APPLICATION OF SUCH POLICIES AND PRACTICES SHALL BE
 RESOLVED UNDER THE NEGOTIATED GRIEVANCE PROCEDURE AND ARBITRATION
 ARTICLES OF THIS AGREEMENT.
 
    SECTION 3.  ESTABLISHMENT OF COMMAND-WIDE PERSONNEL POLICIES.  PRIOR
 TO ESTABLISHING OR CHANGING PERSONNEL POLICIES, PRACTICES, AND MATTERS
 AFFECTING WORKING CONDITIONS WHICH INVOLVE A SUBSTANTIAL NUMBER OF
 BARGAINING UNIT EMPLOYEES AT ALL OR SEVERAL SUBORDINATE AFLC ACTIVITIES,
 THE EMPLOYER SHALL NOTIFY THE PRESIDENT OF THE COUNCIL OR HIS DESIGNEE
 OF THE INTENDED ACTION 30 CALENDAR DAYS PRIOR TO THE INTENDED
 IMPLEMENTATION DATE.
 
    A.  SUBSEQUENT TO SUCH NOTIFICATION, THE PRESIDENT OF THE COUNCIL OR
 HIS DESIGNATED REPRESENTATIVE (SEE SECT. 4 BELOW) MAY REQUEST
 NEGOTIATIONS ON THE MATTER.  SUCH REQUEST MUST BE RECEIVED BY THE
 EMPLOYER WITHIN 30 CALENDAR DAYS OF THE DATE OF NOTIFICATION EXCEPT
 WHERE MISSION REQUIREMENTS DICTATE OTHERWISE (SEE SECT. 6 BELOW).
 
    B.  FAILURE OF THE UNION TO REQUEST NEGOTIATIONS WITHIN THE TIME
 LIMITS SET FORTH HEREIN SHALL CONSTITUTE A WAIVER OF THE UNION'S RIGHT
 TO NEGOTIATE, AND THE EMPLOYER MAY IMPLEMENT ITS PROPOSAL.  A UNION
 REQUEST TO NEGOTIATE, TO BE VALID, MUST INCLUDE SPECIFIC WRITTEN
 COUNTERPROPOSALS RESPONDING TO THE EMPLOYER'S PROPOSAL.
 
    C.  THE UNION MAY, AT ITS DISCRETION AND WITHIN THE TIME LIMITS SET
 FORTH HEREIN, SUBMIT COMMENTS AND RECOMMENDATIONS CONCERNING THE
 EMPLOYER'S PROPOSAL AS AN ALTERNATIVE TO A REQUEST FOR NEGOTIATIONS.
 THE EMPLOYER WILL GIVE SUCH COMMENTS AND RECOMMENDATIONS DUE REGARD
 PRIOR TO IMPLEMENTATION.
 
    D.  WITHIN 14 CALENDAR DAYS OF A UNION REQUEST TO NEGOTIATE ON A
 PERSONNEL POLICY, PRACTICE, OR MATTER AFFECTING WORKING CONDITIONS OR
 CHANGE THERETO, THE PARTIES SHALL MEET AND CONFER WITH RESPECT TO THE
 EMPLOYER'S PROPOSAL.  SUCH NEGOTIATIONS WILL TAKE PLACE AT THE
 EMPLOYER'S HEADQUARTERS UNLESS OTHERWISE MUTUALLY AGREED.  THE EMPLOYER
 WILL GRANT OFFICIAL TIME FOR ONE-HALF THE TIME SPENT IN SUCH
 NEGOTIATIONS FOR UP TO THREE UNION REPRESENTATIVES ATTENDING SUCH
 NEGOTIATIONS WHERE THOSE REPRESENTATIVES WOULD OTHERWISE BE IN A DUTY
 STATUS.
 
    E.  ALL TIME LIMITS SET FORTH HEREIN MAY BE EXTENDED UPON MUTUAL
 AGREEMENT OF THE PARTIES.
 
    F.  IF AGREEMENT WITH THE UNION IS NOT REACHED UNDER THE PROVISIONS
 OF THIS ARTICLE AND AN IMPASSE IS DECLARED BY EITHER PARTY, THE EMPLOYER
 MAY TAKE SUCH ACTION AS NECESSARY, CONSISTENT WITH LAWS, REGULATIONS,
 AND THE ORDER, TO IMPLEMENT SUCH PROPOSAL(S).
 
    SECTION 4.  IN ORDER TO FACILITATE DEALINGS AS DESCRIBED IN SECTION 2
 ABOVE, THE UNION AGREES TO DESIGNATE AN OFFICIAL OR OFFICIALS TO
 REPRESENT THE UNION.  SUCH OFFICIAL OR OFFICIALS SHALL BE LOCATED IN
 CLOSE PROXIMITY TO THE EMPLOYER'S HEADQUARTERS AND SHALL BE VESTED WITH
 FULL AUTHORITY TO SPEAK FOR, BIND, AND COMMIT THE UNION IN ALL MATTERS
 ARISING OUT OF THE ADMINISTRATION OF THIS AGREEMENT.
 
    SECTION 5. ESTABLISHMENT OF ACTIVITY/ORGANIZATIONAL PERSONNEL
 POLICIES.  WHEN THE COMMANDER OF A SUBORDINATE AFLC ACTIVITY OR CHIEF OF
 AN ORGANIZATIONAL SUBDIVISION THEREOF (OR EQUIVALENT) ESTABLISHES OR
 CHANGES PERSONNEL POLICIES, PRACTICES, AND MATTERS AFFECTING WORKING
 CONDITIONS WHICH ARE NOT GOVERNED BY THE TERMS OF THIS AGREEMENT OR
 LOCAL SUPPLEMENTS THERETO AND WHICH ARE WITHIN THAT MANAGEMENT
 OFFICIAL'S DISCRETION, SUCH ACTION WILL NOT BE TAKEN UNTIL THE
 DESIGNATED UNION REPRESENTATIVE FOR THAT PARTICULAR ACTIVITY OR
 ORGANIZATION HAS BEEN NOTIFIED.  THE DESIGNATED UNION REPRESENTATIVE
 WILL HAVE SEVEN (7) CALENDAR DAYS TO RESPOND.  A UNION REQUEST TO
 NEGOTIATE, TO BE VALID, MUST INCLUDE SPECIFIC WRITTEN COUNTERPROPOSALS
 TO THE MANAGEMENT PROPOSAL(S).
 
    A.  IF THE UNION DOES NOT RESPOND WITHIN THE TIME LIMITS SPECIFIED
 HEREIN, THE EMPLOYER MAY IMPLEMENT PROPOSED CHANGES.
 
    B.  THE UNION MAY REQUEST TO MEET AND CONFER WITH OFFICIALS OF THE
 EMPLOYER IN ACCORDANCE WITH THE FOLLOWING PROCEDURES:
 
    (1) THE DESIGNATED UNION REPRESENTATIVE SHALL SUBMIT A WRITTEN
 REQUEST FOR A MEETING TO THE RESPONSIBLE MANAGEMENT OFFICIAL IN RESPONSE
 TO THE EMPLOYER'S NOTIFICATION OF A PROPOSED CHANGE.  THE DESIGNATED
 UNION REPRESENTATIVE FOR MATTERS BELOW DIVISION LEVEL WILL BE THE
 APPROPRIATE DISTRICT STEWARD.  THE DESIGNATED UNION REPRESENTATIVE FOR
 MATTERS AT THE DIVISION LEVEL SHALL BE THE DIVISION STEWARD.  ON MATTERS
 AT THE DIRECTORATE LEVEL, THE DESIGNATED UNION REPRESENTATIVE IS THE
 DIRECTORATE STEWARD.  MATTERS WHICH HAVE ACTIVITY-WIDE IMPACT WILL BE
 NEGOTIATED BY THE PRESIDENT OF THE UNION.  IN THE ABSENCE OF AN
 APPROPRIATE DESIGNATED UNION REPRESENTATIVE, THE UNION WILL NAME A
 REPRESENTATIVE TO ATTEND THE MEETING WHO WILL HAVE THE AUTHORITY TO BIND
 THE UNION.
 
    (2) ATTENDANCE AT SUCH MEETING SHALL BE ON OFFICIAL TIME FOR UP TO
 TWO (2) UNION REPRESENTATIVES WHO WOULD OTHERWISE BE IN A DUTY STATUS
 (REFERENCE ARTICLE . . . , OFFICIAL TIME) FOR ACTIVITY-WIDE MATTERS AND
 ONE REPRESENTATIVE FOR MATTERS BELOW THAT.
 
    (3) THE DESIGNATED UNION REPRESENTATIVE SHALL HAVE THE AUTHORITY TO
 BIND THE UNION ON SUCH ACCORDS THAT MAY BE REACHED AT THESE MEETINGS.
 THESE ACCORDS SHALL NOT CONFLICT WITH EXISTING PROVISIONS OF THIS
 AGREEMENT OR LOCAL SUPPLEMENTS THERETO.
 
    (4) THE MEETING WILL NORMALLY TAKE PLACE WITHIN THREE DAYS AFTER THE
 UNION'S REQUEST FOR A MEETING IS RECEIVED.
 
    C.  IF AGREEMENT WITH DESIGNATED UNION REPRESENTATIVE(S) IS NOT
 REACHED UNDER THE PROVISIONS OF THIS ARTICLE AND AN IMPASSE IS DECLARED
 BY EITHER PARTY, OFFICIALS OF THE EMPLOYER MAY TAKE SUCH ACTION AS
 NECESSARY, CONSISTENT WITH LAWS, REGULATIONS, AND THE ORDER, TO
 IMPLEMENT SUCH PROPOSAL(S).
 
    SECTION 6.  MISSION ESSENTIAL SITUATIONS.
 
    A.  THE PARTIES AGREE THAT CRITICAL SITUATIONS SOMETIMES OCCUR WITHIN
 THE AFLC WHICH REQUIRE THE IMMEDIATE ADJUSTMENT OF WORK SCHEDULES AND
 MISSION/WORKLOAD PRIORITIES.  ACTIONS TAKEN TO ACCOMMODATE SUCH CRITICAL
 SITUATIONS IN ORDER TO MEET MISSION REQUIREMENTS AT TIMES DO IMPACT
 PERSONNEL POLICIES, PRACTICES AND WORKING CONDITIONS OF EMPLOYEES.  SUCH
 MISSION ESSENTIAL DECISIONS AND CHANGES TO PERSONNEL POLICIES,
 PRACTICES, AND MATTERS AFFECTING WORKING CONDITIONS AS A RESULT OF SUCH
 DECISIONS ARE EXPRESSLY EXEMPTED FROM THE MIDTERM NEGOTIATIONS PROCEDURE
 SET FORTH ABOVE.  HOWEVER, SUCH REQUIRED CHANGES WILL NOT BE TAKEN,
 EXCEPT IN EXTRAORDINARY CIRCUMSTANCES, UNTIL THE UNION AT THE COMMAND
 LEVEL OR SUBORDINATE AFLC ACTIVITY WHERE IMPLEMENTATION IS TO TAKE PLACE
 HAS BEEN NOTIFIED OF THE PROPOSED IMPLEMENTATION AND THE REASONS
 THEREOF.  THE UNION REPRESENTATIVE WILL BE GIVEN AN OPPORTUNITY TO
 PROVIDE COMMENTS AND RECOMMENDATIONS ON THE MATTER TO THE EMPLOYER.  IF
 THE SITUATION AND TIME TO IMPLEMENT PERMITS, REPRESENTATIVES OF THE
 EMPLOYER AND THE UNION SHALL MEET AND DISCUSS THE PROPOSED
 IMPLEMENTATION AND THE UNION COMMENTS.  THE EMPLOYER WILL GIVE DUE
 REGARD TO ALL UNION RECOMMENDATIONS.
 
    B.  UPON RECEIPT OF UNION COMMENTS AND CONSIDERATION THEREOF, THE
 EMPLOYER MAY IMPLEMENT ITS PROPOSED POLICIES OR CHANGES THERETO.  THE
 APPLICATION AND INTERPRETATION OF PERSONNEL POLICIES ISSUED UNDER THE
 LIMITED CIRCUMSTANCES AND PROVISIONS OF THIS SECTION SHALL BE GRIEVABLE
 UNDER THE TERMS OF THIS AGREEMENT AND SHALL BE ARBITRABLE AT THE
 ACTIVITY LEVEL PURSUANT TO ARTICLE . . . , ARBITRATION.
 
    C.  IN KEEPING WITH THE INTENT OF THIS SECTION, ALL NOTIFICATIONS,
 RESPONSES, AND DISCUSSIONS SHALL TAKE PLACE IN THE SHORTEST POSSIBLE
 TIME SO THAT MISSION ESSENTIAL NEEDS MAY BE ACCOMMODATED.  THE UNION
 ACKNOWLEDGES THAT A FAILURE TO TIMELY RESPOND TO AN EMPLOYER NOTICE OF A
 DECISION WHICH CAUSES MISSION ESSENTIAL CHANGE IN PERSONNEL POLICIES,
 PRACTICES, OR WORKING CONDITIONS SHALL PERMIT THE EMPLOYER TO IMPLEMENT
 ITS DECISION UNILATERALLY.
 
    SECTION 7.  DISPUTES OVER THE INTERPRETATION AND/OR APPLICATION OF
 THIS ARTICLE SHALL BE RESOLVED EXCLUSIVELY THROUGH THE NEGOTIATED
 GRIEVANCE PROCEDURE AND ARBITRATION ARTICLES OF THIS AGREEMENT.
 
 
 
 
                           UNION REPRESENTATION
 
    SECTION 1.  THE EMPLOYER AGREES TO RECOGNIZE AFGE COUNCIL OFFICIALS,
 LOCAL OFFICERS OF THE UNION, UNION STEWARDS, AND OTHER AUTHORIZED
 REPRESENTATIVES DESIGNATED BY THE UNION.  THE EMPLOYER AGREES TO
 RECOGNIZE A TOTAL NUMBER OF STEWARDS AT EACH ACTIVITY EQUAL TO ONE
 STEWARD TO 80 EMPLOYEES IN THE BARGAINING UNIT OR FRACTION THEREOF.
 TOTAL NUMBERS OF STEWARDS IN THE RATIO SPECIFIED ABOVE WILL BE ALLOCATED
 BY SUBORDINATE ACTIVITY AND SHALL BE ALLOCATED ON THE BASIS OF THE
 BARGAINING UNIT POPULATION AT EACH SUBORDINATE ACTIVITY AS OF 1 OCTOBER
 1978.  THE EMPLOYER AGREES, AS AN EXCEPTION TO THE ABOVE, TO RECOGNIZE
 FIVE UNION STEWARDS IN ADDITION TO THOSE ALLOCATED UNDER THE RATIO SET
 FORTH ABOVE AT ITS FACILITY AT THE CATALOGING AND STANDARDIZATION OFFICE
 (CASO), BATTLE CREEK, MICHIGAN AND THREE STEWARDS AT AFPRO BOEING,
 WICHITA, KANSAS.  DESIGNATED STEWARD AREAS OF REPRESENTATION WILL BE
 ESTABLISHED IN ACCORDANCE WITH THE FOLLOWING:
 
    A.  THE UNION MAY APPOINT FROM AMONG THE TOTAL NUMBER OF STEWARDS
 ALLOCATED TO A PARTICULAR SUBORDINATE ACTIVITY, AND THE EMPLOYER SHALL
 RECOGNIZE, ONE STEWARD FOR EACH DIRECTORATE, DIVISION, STAFF OFFICE,
 TENANT (OR DEPUTATE AT HQ AFLC) AT THAT PARTICULAR ACTIVITY.  SUCH
 ORGANIZATIONAL STEWARD DISTRICTS SHALL CONFORM TO THE EMPLOYER'S
 ORGANIZATIONAL STRUCTURE UNLESS OTHERWISE MUTUALLY AGREED.  STEWARDS
 APPOINTED TO REPRESENT A PARTICULAR ORGANIZATION MUST BE DRAWN FROM
 EMPLOYEES IN THAT ORGANIZATION (E.G. THE MAINTENANCE DIRECTORATE STEWARD
 MUST BE A MAINTENANCE EMPLOYEE).
 
    B.  OFFICIALS OF THE EMPLOYER AND THE UNION AT EACH SUBORDINATE AFLC
 ACTIVITY SHALL SUBSEQUENTLY ESTABLISH SHOP STEWARD DISTRICTS BELOW THE
 DIVISION LEVEL, AS APPLICABLE, WHICH NUMBER OF DISTRICTS SHALL CONFORM
 TO THE NUMBER OF STEWARD ALLOCATIONS FOR THAT ACTIVITY REMAINING AFTER
 ORGANIZATIONAL STEWARD DISTRICTS HAVE BEEN ESTABLISHED AND DESIGNATIONS
 MADE PURSUANT TO SECTION 1.A. ABOVE.  SUCH SHOP STEWARD DISTRICTS MAY BE
 DEFINED ORGANIZATIONALLY (BRANCH, SECTION, UNIT, ETC.) OR GEOGRAPHICALLY
 (E.G. BY BUILDING).  SUCH DISTRICTS WILL BE ESTABLISHED WITH THE INTENT
 TO PROVIDING STABILITY AND CONTINUITY IN SUPERVISOR-STEWARD
 RELATIONSHIPS AND MINIMIZING STEWARD MOVEMENT AND TIME AWAY FROM
 ASSIGNED WORK AREA.
 
    C.  DISTRICTS SO ESTABLISHED MAY BE MODIFIED ONLY BY MUTUAL AGREEMENT
 OF AUTHORIZED REPRESENTATIVES OF THE EMPLOYER AND THE UNION.  ONCE SHOP
 STEWARD DISTRICTS HAVE BEEN ESTABLISHED, THE UNION MAY APPOINT, AND THE
 EMPLOYER SHALL RECOGNIZE, ONE STEWARD FOR EACH SHOP STEWARD DISTRICT.
 STEWARDS APPOINTED TO REPRESENT A PARTICULAR DISTRICT MUST BE DRAWN FROM
 EMPLOYEES ASSIGNED TO THAT ORGANIZATION IN TERMS OF DUTY ASSIGNMENT
 (E.G. A BRANCH STEWARD MUST BE EMPLOYED WITHIN THAT PARTICULAR BRANCH).
 
    D.  DISPUTES OVER THE ESTABLISHMENT OF SHOP STEWARD DISTRICTS MAY BE
 RESOLVED THROUGH THE GRIEVANCE AND ARBITRATION PROCEDURES OF THIS
 AGREEMENT.
 
    SECTION 2.  NO MORE THAN ONE STEWARD WILL BE RECOGNIZED FOR EACH
 DISTRICT ESTABLISHED UNDER SECTION 1 ABOVE.  HOWEVER, ONE ALTERNATE
 STEWARD MAY BE DESIGNATED FOR EACH RECOGNIZED STEWARD.  SUCH ALTERNATE
 STEWARDS SHALL ACT FOR THE RECOGNIZED STEWARD ONLY WHEN THE RECOGNIZED
 STEWARD IS IN A NON-DUTY STATUS OR TDY.
 
    SECTION 3.  STEWARDS WILL BE RECOGNIZED BY THE EMPLOYER UPON WRITTEN
 NOTIFICATION BY THE UNION TO THE APPROPRIATE ACTIVITY LABOR RELATIONS
 OFFICER.  THE UNION AGREES TO FURNISH EACH ACTIVITY LABOR RELATIONS
 OFFICER A COMPLETE MASTER LIST OF ACTIVITY UNION STEWARDS BY ASSIGNED
 REPRESENTATION DISTRICT;  SUCH LIST WILL ALSO INCLUDE THE OFFICIAL DUTY
 ASSIGNMENT OF EACH STEWARD AND APPROPRIATE TELEPHONE EXTENSIONS.  THE
 UNION FURTHER AGREES TO UPDATE THIS LISTING ON AT LEAST A QUARTERLY
 BASIS.
 
    SECTION 4.  DISTRICT SHOP STEWARDS RECOGNIZED UNDER SECTION 1 ABOVE
 SHALL BE RESPONSIBLE FOR ACCOMPLISHING THE FOLLOWING FUNCTIONS WITHIN
 THEIR PARTICULAR DISTRICTS:
 
    A.  REPRESENTATION OF ALL BARGAINING UNIT EMPLOYEES WITHIN THE
 ASSIGNED DISTRICT IN THE INVESTIGATION, PREPARATION, AND PRESENTATION OF
 ALL GRIEVANCES FILED UNDER THE NEGOTIATED GRIEVANCE PROCEDURE AT STEP 1
 (INFORMAL STEP) ON THAT PROCEDURE.
 
    B.  MEETING AND CONFERRING WITH SUPERVISORS AND/OR MANAGEMENT
 OFFICIALS WITHIN THE STEWARD'S ASSIGNED AREA OR DISTRICT CONCERNING
 PROPOSED CHANGES TO PERSONNEL POLICIES, PRACTICES, AND MATTERS AFFECTING
 WORKING CONDITIONS, AS PROVIDED IN ARTICLE . . . , NEGOTIATIONS DURING
 THE TERM OF THE AGREEMENT.
 
    C.  UPON REQUEST, REPRESENTING EMPLOYEES IN NONFORMAL INVESTIGATORY
 INTERVIEWS OR EXAMINATIONS CONDUCTED BY THE EMPLOYER, AND ASSISTING IN
 THE PREPARATION OF EMPLOYEE REPLIES TO NOTICES OF PROPOSED DISCIPLINARY
 ACTION, AS PROVIDED IN ARTICLE . . . , DISCIPLINE.
 
    D.  IF NO DISTRICT STEWARD IS DESIGNATED TO REPRESENT A PARTICULAR
 ORGANIZATIONAL ELEMENT, THE STEWARD AT THE NEXT HIGHER ORGANIZATIONAL
 ELEMENT SHALL SERVE IN THAT CAPACITY.
 
    SECTION 5.  DIVISION AND DIRECTORATE STEWARDS (OR EQUIVALENT
 ORGANIZATIONAL STEWARDS) SHALL BE RESPONSIBLE FOR ACCOMPLISHING THE
 FOLLOWING FUNCTIONS WITHIN THEIR PARTICULAR ORGANIZATIONS:
 
    A.  REPRESENTATION OF BARGAINING UNIT EMPLOYEES WITHIN THEIR ASSIGNED
 ORGANIZATION IN THE PREPARATION AND PRESENTATION OF GRIEVANCES FILED
 UNDER THE NEGOTIATED GRIEVANCE PROCEDURE AT STEP 2 OF THAT PROCEDURE.
 
    B.  MEETING AND CONFERRING WITH APPROPRIATE MANAGEMENT, OFFICIALS
 CONCERNING PROPOSED CHANGES TO PERSONNEL POLICIES, PRACTICES, AND
 MATTERS AFFECTING WORKING CONDITIONS AS PROVIDED IN ARTICLE . . . ,
 NEGOTIATIONS DURING THE TERM OF THIS AGREEMENT.
 
    SECTION 6:  WHEN UNUSUAL CIRCUMSTANCES MAKE THE PERFORMANCE OF
 REPRESENTATION FUNCTIONS BY THE DESIGNATED DISTRICT OR ORGANIZATIONAL
 STEWARD IMPRACTICAL, EXCEPTIONS MAY BE AUTHORIZED UPON MUTUAL AGREEMENT
 OF THE ACTIVITY LOCAL UNION PRESIDENT AND LABOR RELATIONS OFFICER.
 UNION REPRESENTATIVES WHO ARE NOT EMPLOYEES OF THE EMPLOYER MAY SERVE AS
 AN EMPLOYEE'S UNION REPRESENTATIVE IN LIEU OF A STEWARD AT ANY LEVEL.
 WHERE A STEWARD HAS BEEN DESIGNATED AND IS AVAILABLE TO REPRESENT A
 PARTICULAR DISTRICT OR ORGANIZATION, UPPER LEVEL STEWARDS OR UNION
 OFFICERS WILL NOT BE USED IN PLACE OF SUCH STEWARDS, EXCEPT AS OTHERWISE
 PROVIDED IN THIS SECTION.
 
    SECTION 7.  RECOGNIZED STEWARDS WILL BE RELEASED FROM THEIR DUTY
 STATION AND GRANTED OFFICIAL TIME TO PERFORM AUTHORIZED FUNCTIONS IN
 ACCORDANCE WITH ARTICLE . . .  , OFFICIAL TIME.
 
    SECTION 8.  THE EMPLOYER WILL, UPON WRITTEN REQUEST, MAKE
 ARRANGEMENTS FOR THE ISSUANCE OF IDENTIFICATION CREDENTIALS AND VEHICLE
 REGISTRATION DECALS TO LOCAL UNION OFFICIALS WHO ARE NOT EMPLOYEES OF
 THE EMPLOYER, SO THAT SUCH UNION OFFICIALS MAY PERFORM AUTHORIZED
 FUNCTIONS ON BASE.  ISSUANCE AND REVOCATION SHALL BE GOVERNED BY THOSE
 REGULATIONS AND AUTHORITIES APPLICABLE TO BARGAINING UNIT EMPLOYEES.
 
 
 
 
                            GRIEVANCE PROCEDURE
 
    SECTION 1.  THIS ARTICLE SHALL CONSTITUTE THE SOLE AND EXCLUSIVE
 PROCEDURE AVAILABLE TO THE EMPLOYER, THE UNION, AND EMPLOYEES OF THE
 BARGAINING UNIT FOR THE RESOLUTION OF GRIEVANCES SUBJECT TO THE CONTROL
 OF THE EMPLOYER AS IT APPLIES TO ANY MATTER INVOLVING THE
 INTERPRETATION, APPLICATION, OR VIOLATION OF THIS AGREEMENT OR LOCAL
 SUPPLEMENTS THERETO, ANY MATTER INVOLVING WORKING CONDITIONS, OR ANY
 MATTER INVOLVING THE INTERPRETATION AND APPLICATION OF POLICIES,
 REGULATIONS, AND PRACTICES OF THE AIR FORCE, AFLC, AND SUBORDINATE AFLC
 ACTIVITIES NOT SPECIFICALLY COVERED BY THIS AGREEMENT.
 
    SECTION 2.  THE SOLE EXCLUSIONS TO THIS GRIEVANCE PROCEDURE ARE AS
 FOLLOWS:
 
    A.  MATTERS SUBJECT TO A STATUTORY APPEAL PROCEDURE, EXCEPT AS MAY
 OTHERWISE BE REQUIRED BY APPLICABLE LAW.
 
    B.  NONSELECTION FOR PROMOTION FROM A GROUP OF PROPERLY RANKED AND
 CERTIFIED CANDIDATES.
 
    C.  WRITTEN NOTICES OF PROPOSED DISCIPLINARY ACTIONS WHERE SUCH
 ACTIONS WOULD BE GRIEVABLE UNDER THIS PROCEDURE WHEN EFFECTED.  THIS
 EXCLUSION DOES NOT INFRINGE UPON AN EMPLOYEE'S RIGHT TO OBTAIN
 REPRESENTATION FOR ASSISTANCE IN PREPARING A RESPONSE TO SUCH NOTICES.
 
    D.  GRIEVANCES FILED BY EMPLOYEES OVER ALLEGED HEALTH AND SAFETY
 VIOLATIONS, WHERE ISSUED CONTAINED THEREIN HAVE BEEN PREVIOUSLY FILED BY
 THOSE EMPLOYEES AND/OR ADJUDICATED UNDER THE PROCEDURES SET FORTH IN 29
 CFR 1960 AND APPLICABLE IMPLEMENTING REGULATIONS.
 
    E.  NONADOPTION OF A SUGGESTION OR DISAPPROVAL OF A QUALITY SALARY
 INCREASE OR PERFORMANCE AWARD.
 
    F.  SEPARATION OF PROBATIONERS, TRIAL PERIOD EMPLOYEES, AND TEMPORARY
 HIRES.
 
    G.  AN ACTION TERMINATING A TEMPORARY PROMOTION WITHIN A MAXIMUM
 PERIOD OF TWO YEARS AND RETURNING THE EMPLOYEE TO THE POSITION FROM
 WHICH HE OR SHE WAS TEMPORARILY PROMOTED OR TO A POSITION OF LIKE GRADE.
 
    H.  ACTIONS OR DECISIONS TAKEN UNDER THE PERSONAL SECURITY PROGRAM.
 
    I.  IG COMPLAINTS.  HOWEVER, SUCH COMPLAINTS MAY SERVE AS A
 SUBSTITUTE FOR THE INFORMAL GRIEVANCE, SUBJECT TO THE TIME LIMITS SET
 FORTH HEREIN.  IF THE IG COMPLAINT IS NOT RESOLVED WITHIN 14 DAYS OF ITS
 SUBMITTAL, THE EMPLOYEE MAY PURSUE THE UNRESOLVED GRIEVANCE BY
 SUBMITTING SAID GRIEVANCE AT STEP 2 OF THIS PROCEDURE, SUBJECT TO THE
 TIME LIMITS SET FORTH HEREIN, PROVIDED THAT THE EMPLOYEE WITHDRAWS THE
 IG COMPLAINT BY WRITTEN NOTIFICATION TO THE IG TERMINATING THE IG'S
 INVOLVEMENT IN THE GRIEVANCE.  THIS SHALL NOT PRECLUDE AN EMPLOYEE FROM
 PURSUING A GRIEVANCE AT STEP 2 OF THIS PROCEDURE, SUBJECT TO THE TIME
 LIMITS THEREIN, IF THE RESPONSE FROM THE IG IS NOT SATISFACTORY.  THE
 EMPLOYEE MAY BE ACCOMPANIED BY A DESIGNATED REPRESENTATIVE WHEN USING
 THE IG COMPLAINT SYSTEM.
 
    SECTION 3.  THE EMPLOYER AGREES TO FURNISH THE UNION A FINAL WRITTEN
 DECISION CONCERNING THE NON-GRIEVABILITY OR NON-ARBITRABILITY OF A
 GRIEVANCE, WITHIN THE TIME LIMITS PROVIDED FOR THE WRITTEN DECISION IN
 STEP 3 OF THIS PROCEDURE.  IF THE GRIEVANCE IS ALLEGED TO BE SUBJECT TO
 STATUTORY APPEAL PROCEDURES, THE DECISION SHALL EXPRESSLY STATE THAT IT
 IS THE ACTIVITY'S FINAL DECISION IN THE MATTER.  ALL DISPUTES AS TO
 WHETHER OR NOT GRIEVANCES ARE PRECLUDED FROM BEING PROCESSED UNDER THIS
 PROCEDURE BY EXISTING STATUTORY APPEAL PROCEDURES SHALL BE REFERRED TO
 THE ASSISTANT SECRETARY OF LABOR FOR DECISION.  ALL OTHER DISPUTES OF
 GRIEVABILITY OR ARBITRABILITY SHALL BE REFERRED TO AN ARBITRATOR AS A
 THRESHOLD ISSUED OF THE GRIEVANCE IN ACCORDANCE WITH ARTICLE . . . ,
 ARBITRATION.
 
    SECTION 4.  TIME LIMITS IN THIS ARTICLE MAY BE EXTENDED BY MUTUAL
 AGREEMENT OF THE EMPLOYER AND THE UNION.  MUTUAL AGREEMENT MUST BE IN
 WRITING AND SIGNED BY THE ACTIVITY LOCAL UNION PRESIDENT, OR A
 DESIGNATED REPRESENTATIVE, AND THE ACTIVITY LABOR RELATIONS OFFICER, OR
 A DESIGNATED REPRESENTATIVE.
 
    SECTION 5.  IF A UNIT EMPLOYEE PRESENTS A GRIEVANCE DIRECTLY TO
 MANAGEMENT, WITHOUT UNION REPRESENTATION, FOR ADJUSTMENT CONSISTENT WITH
 THE TERMS OF THIS AGREEMENT, THE LOCAL SHALL BE GIVEN AN OPPORTUNITY TO
 HAVE AN OBSERVER PRESENT AT ANY DISCUSSIONS OF THE GRIEVANCE ON OFFICIAL
 TIME OF THE OBSERVER WOULD OTHERWISE BE IN A DUTY STATUS.
 
    SECTION 6.  THE EMPLOYER AND THE UNION AGREE THAT EVERY EFFORT WILL
 BE MADE BY MANAGEMENT AND THE AGGRIEVED TO SETTLE GRIEVANCES AT THE
 LOWEST POSSIBLE LEVEL.  INASMUCH AS DISSATISFACTIONS AND DISAGREEMENTS
 ARISE OCCASIONALLY AMONG PEOPLE IN ANY WORK SITUATION, THE FILING OF A
 GRIEVANCE SHALL NOT BE CONSTRUED AS REFLECTING UNFAVORABLY ON AN
 EMPLOYEE'S GOOD STANDING, PERFORMANCE, LOYALTY OR DESIRABILITY TO THE
 ORGANIZATION.
 
    SECTION 7.  PROCEDURE FOR EMPLOYEE GRIEVANCES SUBMITTED TO THE
 EMPLOYER
 
    THE FOLLOWING PROCEDURE SHALL BE EXCLUSIVELY USED FOR THE SUBMISSION
 OF EMPLOYEE GRIEVANCES TO THE EMPLOYER UNDER THIS ARTICLE.  THIS SECTION
 SHALL APPLY TO GRIEVANCES OF INDIVIDUAL EMPLOYEES THAT ARE SUBMITTED FOR
 PERSONAL RELIEF IN MATTERS THAT ARE SUBJECT TO THE CONTROL OF THE
 EMPLOYER.
 
    A.  INFORMAL STEP 1.  AN EMPLOYEE OF THE BARGAINING UNIT DESIRING TO
 FILE A GRIEVANCE MUST FIRST DISCUSS THE MATTER INFORMALLY WITH HIS FIRST
 LEVEL SUPERVISOR WITHIN TWENTY-ONE (21) CALENDAR DAYS OF THE DATE OF THE
 MANAGEMENT ACTION OR OCCURRENCE GIVING RISE TO THE GRIEVANCE OR
 REASONABLE AWARENESS OF SUCH ACTION OR OCCURRENCE.  SUCH INFORMAL
 GRIEVANCES MAY BE PRESENTED ORALLY OR IN WRITING.  IF THE GRIEVANCE IS
 PRESENTED IN WRITING, THE STANDARD GRIEVANCE FORM (APPENDIX . . . ) WILL
 BE USED.
 
    (1) AN EMPLOYEE DESIRING TO FILE AN INFORMAL GRIEVANCE MAY REQUEST
 THE ASSISTANCE OF HIS DISTRICT SHOP STEWARD IN PREPARING AND PRESENTING
 THE INFORMAL GRIEVANCE.  A GRIEVANT WILL INFORM HIS SUPERVISOR OF THE
 NATURE OF HIS GRIEVANCE AND REQUEST THE ASSISTANCE OF THE DISTRICT SHOP
 STEWARD SO THAT ARRANGEMENTS MAY BE MADE TO INFORMALLY DISCUSS THE
 GRIEVANCE.
 
    (2) SUBJECT TO THE PROVISIONS OF ARTICLE . . . , OFFICIAL TIME, A
 GRIEVANT AND THE DISTRICT SHOP STEWARD WILL BE ALLOWED A MAXIMUM OF UP
 TO 60 MINUTES OF OFFICIAL TIME, IF OTHERWISE IN A DUTY STATUS, IN
 REASONABLE PRIVACY AND IN THE GRIEVANT'S IMMEDIATE WORK AREA, TO PREPARE
 FOR THE INFORMAL DISCUSSION OF THE GRIEVANCE.  THE GRIEVANCE SHALL THEN
 BE DISCUSSED WITH THE GRIEVANT, THE DISTRICT SHOP STEWARD, THE FIRST
 LEVEL SUPERVISOR, AND ANY OTHER PERSON(S) THE SUPERVISOR BELIEVES
 NECESSARY FOR RESOLUTION.  HOWEVER, IF UPON BEING INFORMED OF THE NATURE
 OF THE GRIEVANCE PURSUANT TO PARAGRAPH (1) ABOVE, THE FIRST LEVEL
 SUPERVISOR DETERMINES THAT IT IS NOT WITHIN HIS AUTHORITY TO RESOLVE THE
 MATTER, THE SUPERVISOR SHALL MAKE ARRANGEMENTS WITH THE APPROPRIATE
 MANAGEMENT OFFICIAL WITH REQUISITE AUTHORITY TO INFORMALLY DISCUSS THE
 GRIEVANCE WITH THE EMPLOYEE AND HIS DISTRICT STEWARD.
 
    (3) THE RECORD OF DISCUSSION OF INFORMAL GRIEVANCE (APPENDIX . . .
 ), FURNISHED BY THE DISTRICT SHOP STEWARD, SHALL BE COMPLETED AND SIGNED
 AT THE INFORMAL DISCUSSION MEETING WITH A COPY TO THE SUPERVISOR.
 
    (4) IF THE MATTER IS NOT SATISFACTORILY RESOLVED AT THE INFORMAL
 DISCUSSION MEETING, A FINAL INFORMAL DECISION WILL BE ISSUED TO THE
 GRIEVANT BY THE FIRST LEVEL SUPERVISOR (OR OTHER MANAGEMENT OFFICIAL AS
 APPROPRIATE) WITHIN 14 CALENDAR DAYS OF THE INFORMAL DISCUSSION.  IF THE
 INFORMAL GRIEVANCE WAS PRESENTED IN WRITING ON THE STANDARD GRIEVANCE
 FORM PROVIDED BY THE EMPLOYER, THE FORMAL DECISION WILL BE IN WRITING.
 
    B.  STEP 2.  IF THE INFORMAL DISCUSSION OR DECISION AT STEP 1 FAILS
 TO RESOLVE THE MATTER, THE GRIEVANCE MUST BE FILED BY THE EMPLOYEE AND
 RECEIVED BY THE DIRECTORATE, STAFF OFFICE, TENANT COMMANDER, OR (IN THE
 CASE OF GRIEVANCE FILED BY UNIT EMPLOYEES OF HQ AFLC, TO THE DEPUTY
 CHIEF OF STAFF) OR EQUIVALENT LEVEL OF HIS/HER ORGANIZATION WITHIN SEVEN
 (7) CALENDAR DAYS OF THE DATE OF THE STEP 1 DECISION.  THE STANDARD
 GRIEVANCE FORM PROVIDED BY THE EMPLOYER, WITH A COPY OF THE RECORD OF
 DISCUSSION OF INFORMAL GRIEVANCE AND A COPY OF THE STEP 1 DECISION,
 WHERE APPLICABLE, WILL BE FILED WITH THE APPROPRIATE MANAGEMENT OFFICIAL
 AT THIS STEP. ADDITIONAL ISSUES MAY NOT BE RAISED AT THIS STEP UNLESS
 FIRST CONSIDERED AT THE INFORMAL STEP.
 
    (1) IF THE WRITTEN GRIEVANCE DOES NOT INCLUDE APPLICABLE INFORMATION
 REQUIRED BY THE STANDARD GRIEVANCE FORM, THE GRIEVANT OR THE DESIGNATED
 REPRESENTATIVE WILL BE CONTACTED BY THE EMPLOYER AND WILL BE GIVEN FIVE
 CALENDAR DAYS TO SUBMIT THE MISSING INFORMATION.  THEREAFTER, THE
 EMPLOYER MAY REJECT A GRIEVANCE ALLEGING THAT THE WRITTEN GRIEVANCE WAS
 NOT COMPLETE IN ACCORDANCE WITH THE REQUIREMENTS OF THE AGREEMENT.  IF
 THE EMPLOYER SO REJECTS A GRIEVANCE, THE UNION MAY INVOKE ARBITRATION IN
 ACCORDANCE WITH ARTICLE . . . , ARBITRATION, ALLEGING THAT EMPLOYER'S
 REJECTION OF THE WRITTEN GRIEVANCE WAS NOT JUSTIFIED.  THE ARBITRATOR
 SHALL HEAR EACH PARTY'S ARGUMENTS RELATE TO THE REJECTION OF THE
 GRIEVANCE.  IF THE ARBITRATOR RULES THAT THE GRIEVANCE WAS UNJUSTIFIABLY
 REJECTED UNDER THE PROVISIONS OF THE AGREEMENT, THE ARBITRATOR SHALL
 THEN HEAR THE PARTIES' ARGUMENTS AND RULE ON THE MERITS OF THE WRITTEN
 GRIEVANCE ITSELF IN ACCORDANCE WITH THE ARBITRATION PROCEDURE.
 
    (2) THE DIRECTOR, STAFF OFFICER CHIEF, TENANT COMMANDER, OR DSC, OR
 DESIGNATED MANAGEMENT REPRESENTATIVE THEREOF WILL REVIEW THE GRIEVANCE
 AND SCHEDULE A MEETING WITH THE GRIEVANT AND HIS DIVISION OR DIRECTORATE
 STEWARD.  AT SUCH MEETING, THE GRIEVANT AND HIS REPRESENTATIVE WILL BE
 AUTHORIZED OFFICIAL TIME IF OTHERWISE IN A DUTY STATUS AND MAY PRESENT
 EVIDENCE OR WITNESS IN SUPPORT OF THE GRIEVANCE.
 
    (3) WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF THE MEETING, OR
 WITHIN TWENTY-ONE (21) CALENDAR DAYS OF THE DATE THE 8RIEVANCE WAS FILED
 AT STEP 2, WHICHEVER OCCURS LATER, THE DIRECTOR, STAFF OFFICER CHIEF,
 TENANT COMMANDER, DSC, OR HIS DESIGNATED MANAGEMENT REPRESENTATIVE SHALL
 RENDER HIS DECISION ON SAID GRIEVANCE IN WRITING TO THE GRIEVANT.
 
    C.  STEP 3.  IF THE DECISION AT STEP 2 FAILS TO RESOLVE THE MATTER,
 THE GRIEVANCE MUST BE SUBMITTED TO THE COMMANDER OF THE SUBORDINATE AFLC
 ACTIVITY (FOR HQ AFLC, THE 2750TH ABW COMMANDER).  THE GRIEVANCE MUST BE
 SUBMITTED TO AND RECEIVED BY THE SERVICING ACTIVITY'S LABOR AND EMPLOYEE
 RELATIONS DIVISION WITHIN 7 CALENDAR DAYS OF THE DATE OF THE STEP 2
 DECISION.
 
    (1) THE STANDARD GRIEVANCE FORM WITH ANY ADDITIONAL INFORMATION
 DISCOVERED AT STEP 2, AND THE DECISIONS RENDERED AT STEPS 1 AND 2, WHERE
 APPLICABLE, WILL BE FILED AS PART OF THE CASE FILE.  NEW OR ADDITIONAL
 ALLEGATIONS OR ISSUES NOT CONSIDERED AT PRECEEDING STEPS OF THE
 GRIEVANCE PROCEDURE SHALL NOT BE RAISED.
 
    (2) THE COMMANDER OF THE SUBORDINATE AFLC ACTIVITY OR HIS DESIGNATED
 REPRESENTATIVE SHALL REVIEW THE GRIEVANCE, AND, AT HIS DISCRETION, MAY
 SCHEDULE A MEETING WITH THE GRIEVANT AND HIS/HER DESIGNATED
 REPRESENTATIVE.  AT SUCH MEETING, THE GRIEVANT MAY PRESENT ANY EVIDENCE
 OR TESTIMONY IN SUPPORT OF HIS/HER GRIEVANCE.  THE GRIEVANT AND HIS/HER
 DESIGNATED REPRESENTATIVE SHALL BE GRANTED OFFICIAL TIME FOR SAID
 MEETING IF OTHERWISE IN A DUTY STATUS.
 
    (3) WITHIN FOURTEEN (14) CALENDAR DAYS OF THE DATE OF THE MEETING OR
 WITHIN TWENTY-ONE (21) CALENDAR DAYS OF THE DATE THE GRIEVANCE WAS FILED
 AT STEP 3, WHICHEVER OCCURS LATER, THE EMPLOYER SHALL RENDER A DECISION
 IN WRITING TO THE GRIEVANT.  SUCH DECISION SHALL CONSTITUTE THE
 EMPLOYER'S FINAL DECISION ON THE GRIEVANCE FOR THE PURPOSE OF INVOKING
 ARBITRATION WHERE THE GRIEVANCE INVOLVES DISCIPLINARY ACTION OF ANY
 KIND, SUPERVISORY APPRAISAL, MATTERS CONCERNING ACTIVITY PERSONNEL
 POLICIES, PRACTICES, AND WORKING CONDITIONS AND/OR THE INTERPRETATION
 AND APPLICATION OF AGENCY REGULATIONS OR LOCAL SUPPLEMENTS TO THIS
 AGREEMENT.  EXCEPT AS PROVIDED ABOVE, GRIEVANCES WHICH CONCERN THE
 INTERPRETATION OR APPLICATION OF THIS MASTER AGREEMENT MUST BE PROCESSED
 THROUGH STEP 4 BELOW BEFORE ARBITRATION MAY BE INVOKED.
 
    D.  STEP 4.  IF THE DECISION AT STEP 3 OF THE GRIEVANCE PROCEDURE
 FAILS TO RESOLVE THE MATTER, THE GRIEVANCE MUST BE SUBMITTED TO THE
 LABOR AND EMPLOYEE RELATIONS DIVISION, HQ, AFLC, FOR REVIEW AND FINAL
 DECISION BY THE EMPLOYER.  THE REQUEST FOR REVIEW MUST BE FORWARDED
 WITHIN SEVEN (7) CALENDAR DAYS OF THE DATE OF THE STEP 3 DECISION, WITH
 POSTMARK INDICATING DATE FORWARDED.
 
    (1) THE REQUEST FOR REVIEW MUST CONTAIN THE STANDARD GRIEVANCE FORM
 WITH ANY ADDITIONAL INFORMATION DISCOVERED AT STEP 3 AND THE DECISIONS
 RENDERED AT STEPS 1, 2, AND 3 AS APPLICABLE.  NEW OR ADDITIONAL
 ALLEGATIONS NOT CONSIDERED AT PRECEEDING STEPS OF THE GRIEVANCE
 PROCEDURE SHALL NO BE RAISED.
 
    (2) HQ AFLC SHALL REVIEW THE GRIEVANCE AND RENDER A FINAL DECISION
 THEREON WITHIN FOURTEEN (14) CALENDAR DAYS OF RECEIPT OF THE REQUEST FOR
 REVIEW.  FAILURE OF THE EMPLOYEE TO RENDER A DECISION WITHIN THIS TIME
 LIMIT SHALL CONSTITUTE A REJECTION OF THE GRIEVANCE.  THE EMPLOYER'S
 FINAL DECISION SHALL BE SERVED ON THE GRIEVANT WITH A COPY TO THE
 COUNCIL PRESIDENT.
 
    SECTION 8.  FOR GRIEVANCES BETWEEN THE EMPLOYER AND THE UNION AT THE
 SUBORDINATE AFLC ACTIVITY CONCERNING THE INTERPRETATION/APPLICATION OF
 THIS AGREEMENT AND SUPPLEMENTS THERETO NOT INVOLVING GRIEVANCES OF
 PERSONAL CONCERN TO INDIVIDUAL EMPLOYEE(S), THE FOLLOWING PROCEDURES
 SHALL APPLY:
 
    A.  IF THE EMPLOYER IS AGGRIEVED AT THE SUBORDINATE ACTIVITY LEVEL,
 ITS REPRESENTATIVE SHALL FILE A WRITTEN GRIEVANCE WITH THE PRESIDENT OF
 THE UNION LOCAL REPRESENTING BARGAINING UNIT EMPLOYEES AT THAT
 PARTICULAR ACTIVITY WITHIN 21 CALENDAR DAYS OF THE DATE OF THE
 OCCURRENCE CAUSING SAID GRIEVANCE.  REPRESENTATIVES OF THE PARTIES SHALL
 MEET AS SOON AS POSSIBLE ON A MUTUALLY AGREEABLE DATE, BUT NOT LATER
 THAN 14 CALENDAR DAYS FROM THE DATE OF SUBMISSION OF THE GRIEVANCE, AT
 THE SUBORDINATE AFLC ACTIVITY TO DISCUSS THE MATTER.  WITHIN 14 CALENDAR
 DAYS OF SAID MEETING, THE PRESIDENT OF THE RESIDENT AFGE LOCAL SHALL
 RENDER HIS DECISION IN THE MATTER TO THE COMMANDER OF THE SUBORDINATE
 AFLC ACTIVITY.  IF SUCH DECISION FAILS TO RESOLVE THE MATTER, THE
 EMPLOYER MAY INVOKE THE PROCEDURES FOR ACTIVITY LEVEL ARBITRATION AS SET
 FORTH IN ARTICLE . . . .
 
    B.  IF THE UNION IS AGGRIEVED AT THE SUBORDINATE AFLC ACTIVITY LEVEL,
 THE PRESIDENT OF THAT ACTIVITY'S RESIDENT AFGE LOCAL SHALL, WITHIN 21
 CALENDAR DAYS OF THE DATE OF THE ACT OR OCCURRENCE CAUSING THE
 GRIEVANCE, FILE SAID GRIEVANCE AT STEP 3 OF THIS PROCEDURE AS OUTLINED
 HEREIN AND PROCESS SAID GRIEVANCE THROUGH STEP 4.  IF EMPLOYER'S
 DECISION AT STEP 4 FAILS TO RESOLVE THE MATTER, THE UNION MAY INVOKE THE
 PROCEDURES FOR ACTIVITY LEVEL ARBITRATION IN ACCORDANCE WITH ARTICLE . .
 . , ARBITRATION.
 
    SECTION 9.  GRIEVANCES BETWEEN THE EMPLOYER AND THE UNION AT THE
 COMMAND LEVEL OVER INTERPRETATION/APPLICATION OF THIS AGREEMENT
 INVOLVING ACTIONS OR DECISIONS OF THE EMPLOYER'S HEADQUARTERS OR THE
 UNION'S EXECUTIVE OFFICERS SHALL BE FILED DIRECTLY BY THE AGGRIEVED
 PARTY AS FOLLOWS:
 
    A.  WITHIN 30 CALENDAR DAYS OF THE INCIDENT, THE AGGRIEVED PARTY MUST
 FILE A WRITTEN GRIEVANCE ON THE STANDARD GRIEVANCE FORM WITH THE PARTY
 ALLEGED TO HAVE VIOLATED THIS AGREEMENT.  ALL PERTINENT DOCUMENTATION,
 INFORMATION, AND CORRESPONDENCE MUST BE INCLUDED.
 
    B.  THE PARTIES, AT EITHER THE COMMAND OR THE ACTIVITY LEVEL, MAY
 MEET INFORMALLY TO DISCUSS AND ATTEMPT TO RESOLVE THE MATTER.
 
    C.  WITHIN 30 DAYS OF THE DATE OF THE INITIAL GRIEVANCE, THE
 RESPONDING PARTY SHALL ISSUE A FINAL DECISION IN THE MATTER.  QUESTIONS
 OF GRIEVABILITY/ARBITRABILITY MUST BE RAISED AT THIS POINT.  THE
 PRESIDENT, AFLC COUNCIL OF AFGE LOCALS, AND THE CHIEF, LABOR/EMPLOYEE
 RELATIONS DIVISION, HQ AFLC, ARE AUTHORIZED TO FILE AND/OR RESPOND TO
 GRIEVANCES AT THE COMMAND LEVEL FOR THE UNION AND THE EMPLOYER
 RESPECTIVELY.
 
    SECTION 10.  RELEASE OF STEWARDS FROM THEIR OFFICIAL DUTIES FOR THE
 PURPOSE OF EMPLOYEE REPRESENTATION WILL BE GRANTED IN ACCORDANCE WITH
 ARTICLE . . . , UNION REPRESENTATION/OFFICIAL TIME.
 
    SECTION 11.  EMPLOYEES SHALL BE MADE AVAILABLE AS WITNESSES AT ANY
 STEP AND WILL NOT SUFFER LOSS OF PAY OR CHANGE TO LEAVE WHILE THEY ARE
 SERVING IN THAT CAPACITY IF OTHERWISE IN A DUTY STATUS.
 
    SECTION 12.  IT IS AGREED THAT EXCEPT FOR MATTERS INVOLVING STATUTORY
 APPEALS PROCEDURES, ALL QUESTIONS OF GRIEVABILITY OR ARBITRABILITY SHALL
 BE REFERRED TO AN ARBITRATOR AS THRESHOLD ISSUES IN THE GRIEVANCE IN
 ACCORDANCE WITH ARTICLE . . . , ARBITRATION. IF THE ARBITRATOR
 DETERMINES THAT THERE IS A REASONABLE PRIMA FACIE BASIS THAT THE ISSUE
 IS ARBITRABLE, THE ARBITRATOR WILL HEAR THE MERITS OF ARBITRATION.
 
 
 
 
 
 
 --------------- FOOTNOTES$ ---------------
 
 
    /1/ THE INSTANT CASE, INVOLVING AN ALLEGED UNFAIR LABOR PRACTICE
 ARISING UNDER SECTION 7118 OF THE STATUTE AND PART 2423 OF THE
 AUTHORITY'S REGULATIONS, IS THEREFORE DISTINGUISHABLE FROM VETERANS
 ADMINISTRATION MEDICAL CENTER, SALISBURY, NORTH CAROLINA AND AMERICAN
 FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 1738, 2 FLRA NO.
 54(1980), WHE