FEA Article 2- Conditions of the Agreement, U-4

DoDEA Article 2 Conditions of the Agreement,

M-7

Ordered Language

Article 2 – Conditions of the Agreement

1)

Section 1. – Relationship to Laws and Government- Wide Regulations

1. In the administration of all matters covered by this Agreement, the Parties shall be governed by laws and Government-wide rules and regulations in effect on the effective date of this Agreement.

2. This Agreement supersedes any non-Government wide regulations or directives pertaining to personnel policy or practices or other general conditions of employment where in conflict with this Agreement.

Section 1. Relationship to Laws and Government- Wide Regulations.

A. In the administration of all matters covered by this Agreement, the Parties shall be governed by the following: existing and future laws; Government-wide rules and regulations in effect on the effective date of this Agreement.

This Agreement supersedes any non-Government- wide regulations or directives pertaining to personnel policies or practices or other general conditions of employment where in conflict with this Agreement. Where there is no conflict, such regulations, directives, etc., will apply.

Upon implementation of this Agreement, existing memoranda of understanding (MOUs) between the Parties shall terminate. However, any legally- sufficient, past practice established by such MOUs will continue unless in conflict with this Agreement, or until such practice is otherwise modified in accordance with law.

Section 1. Relationship to Laws and Government- Wide Regulations.

In the administration of all matters covered by this Agreement, the Parties shall be governed by laws; Government-wide rules and regulations in effect on the effective date of this Agreement.

This Agreement supersedes any non-Government- wide regulations or directives pertaining to personnel policies or practices or other general conditions of employment where in conflict with this Agreement. Where there is no conflict with the new CBA and the parties had reached agreement in the prior CBA, such non-government wide regulations and directives pertaining to personnel policies or practices or other general conditions of employment will apply.

Except as otherwise specified in this Agreement, all existing memoranda of understanding (MOUs), prior agreements and decisions, including but not limited to arbitrator’s decisions, remain in full force and effect.

2)

Section 1. – Relationship to Laws and Government- Wide Regulations

F. The Employer shall furnish to the Association at the appropriate level, upon request, and, to the extent not prohibited by law, data

1. which is normally maintained by the Employer in the regular course of business:

2. which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining: and

3. which does not constitute guidance, advice, counsel, or training provided for Employer

Section 1. Relationship to Laws and Government- Wide Regulations.

E. The Employer shall furnish to the Association at the appropriate level, upon request, and, to the extent not prohibited by law, and supported by particularized need, data –

1. which is normally maintained by the Employer in the regular course of business,

2. which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and

3. which does not constitute guidance, advice, counsel, or training provided for Employer

Section 1. Relationship to Laws and Government- Wide Regulations.

E. The Employer shall furnish to the Association at the appropriate level, upon request, and, to the extent not prohibited by law, and supported by particularized need, data –

1. which is normally maintained by the Employer in the regular course of business,
2. which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and
3. which does not constitute guidance, advice, counsel, or training provided for Employer

officials or supervisors, relating to collective bargaining.

officials or supervisors, relating to collective bargaining.

officials or supervisors, relating to collective bargaining.

3)

Section 2. - Association.

C. The Employer shall provide the FRS a brief period at the end of each faculty meeting to make announcements, subject to the following restrictions:

1. no internal Association business shall be conducted;

2. meeting does not interfere with the instructional day; and

3. members of the faculty are free to leave at the end of the faculty meeting.

E. The Association shall be provided with at least two

(2) weeks advance notice by the Employer of any working group concerning conditions of employment which includes unit employees that the Employer is convening above school-level, and the Association shall be entitled to submit a nominee to attend and participate in the working group. The Employer shall not place restrictive qualifications to interfere with or

Section 2. Association.

C. The Employer shall provide the FRS a brief period at the end of each faculty meeting to make announcements, subject to the following restrictions:

1. the FRS is on approved official time, requested in advance;

2. no internal Association business shall be conducted;

3. meeting does not interfere with the instructional day; and

4. members of the faculty are free to leave at the end of the faculty meeting.

Section 2 - Association

C. The Employer shall provide the FRS a brief period at the end of each faculty meeting to make announcements, subject to the following restrictions:

1. no internal Association business shall be conducted;

2. meeting does not interfere with the instructional day; and

3. members of the faculty are free to leave at the end of the faculty meeting.

limit the Association’s options to designate or

nominate its designee.

F. Upon request, the Employer may provide Association representatives who are unit employees of DoDEA with appropriate permissive Government Travel Orders for the purpose of conducting representational duties.

E. Upon request, the Employer may provide Association Representatives who are unit employees of DoDEA with appropriate permissive Government Travel Orders for the purpose of conducting representational duties. These permissive orders shall not be used to obtain reduced rates for the Association.

Upon request, the Employer may provide Association Representatives who are unit employees of DoDEA with appropriate permissive Government Travel Orders for the purpose of conducting representational duties.

4)

Section 3. – Employee Rights

B. Each employee has the right to seek assistance from his/her Association representative at any time that neither is involved in instructional duties.

Section 3. Employee Rights.

B. Each unit employee has the right to request official time to seek assistance from his/her Association Representative when requested and approved in advance.

Section 3. Employee Rights.

B. Each unit employee has the right to request official time to seek assistance from his/her Association Representative when requested and approved in advance.

5)

Section 3. - Employee Rights

C. Personnel Files

1. The Employer shall establish, maintain, and retain employees' personnel records only in accordance with law, regulations, and this Agreement. To the extent permitted under the Privacy Act, upon request, the Agency will notify the employee of all files retained on said employee, and employees and/or their

designated representatives shall have access to

Section 3. Employee Rights.

C. Personnel Files

1. The Employer shall establish, maintain, and retain unit employees' personnel records only in accordance with law, regulations, and this Agreement. To the extent permitted under the Privacy Act, unit employees and/or their designated representatives shall have access to records contained in their personnel file(s) and,

Section 3. Employee Rights.

C. Personnel Files

The Employer shall establish, maintain, and retain unit employees' personnel records only in accordance with law, regulations, and this Agreement. To the extent permitted under the Privacy Act, unit employees and/or their designated representatives shall have access to records contained in their personnel file(s) and, further, shall be entitled to make a copy of any or all material contained therein.

records contained in their personnel file(s) and, further, shall be entitled to make a copy of any or all material contained therein.

2. Any material relating to a unit employee's conduct, service, character or personality that is to be placed in the employee's personnel file(s) shall be first shown to the employee. The unit employee shall acknowledge that the employee has seen such material by affixing the employee’s signature to the document to be filed with the understanding that the signature merely signifies that the employee has been shown the material and does not indicate agreement with its contents. Further, the employee shall have the right to request removal or amendment of objectionable material and to attach a written response to the material to be placed in said file.

further, shall be entitled to make a copy of any or all material contained therein.

2. Regarding supervisory files any material relating to a unit employee's conduct, service, character or personality that is to be placed in the unit employee's personnel file(s) shall be first shown to the employee. Further, the employee shall have the right to request removal or amendment of objectionable material and to attach a written response to the material to be placed in said file.

2. Material relating to a unit employee's conduct, service, character or personality that is to be placed in the employee's personnel file(s) shall be first shown to the employee. The unit employee shall acknowledge that the employee has seen such material by affixing the employee’s signature to the document to be filed with the understanding that the signature merely signifies that the employee has been shown the material and does not indicate agreement with its contents. Further, the employee shall have the right to request removal or amendment of objectionable material and to attach a written response to the material to be placed in said file.

3. Records of admonishment, letters of caution, warning, reprimand, and similar disciplinary action papers shall not be maintained or used against the employee unless a disciplinary, administrative, or judicial proceeding has been instituted within one year from the time of the initial action provided it is of a similar nature.

3. Records of admonishment, letters of caution, warning, reprimand, and similar disciplinary action papers shall not be maintained or used against the unit employee unless a disciplinary, administrative, or judicial proceeding has been instituted within two (2) years from the time of the initial action provided it is of a similar nature.

3. Records of admonishment, letters of caution, warning, reprimand, and similar disciplinary action papers shall not be maintained or used against the unit employee unless a disciplinary, administrative, or judicial proceeding has been instituted within two (2) years from the time of the initial action provided it is of a similar nature.

6)

Section 3. - Employee Rights

D. In the event that a unit employee's pay is not received on the established pay day, upon the unit employee's request, the Employer will request from the servicing finance office that a replacement salary be issued as soon as possible.

Unit employees are encouraged to maintain official documents they receive related to pay and leave and to carry such documents with them when they are transferred or reassigned.

When the finance records of a unit employee are lost, destroyed, or delayed in conjunction with a reassignment or transfer, the Employer agrees to accept the unit employee's most recent "Earnings and Leave" statement or Standard Form 50, Notification of Personnel Action, as evidence of the proper basis for payment until the actual pay records have been reconstructed or received.

Section 3. Employee Rights.

D. In the event that a unit employee's pay is not received on the established pay day, upon the unit employee's request, the Employer will request from the servicing finance office that a replacement salary be issued as soon as possible.

Unit employees are encouraged to maintain official documents they receive related to pay and leave and to carry such documents with them when they are transferred or reassigned.

When the finance records of a unit employee are lost, destroyed, or delayed in conjunction with a reassignment or transfer, the Employer agrees to accept the unit employee's most recent "Earnings and Leave" statement or Standard Form 50, Notification of Personnel Action, as evidence of the proper basis for payment until the actual pay records have been reconstructed or received.

The Leave and Earnings statement generated by DFAS for employees satisfies all current and future

obligations to provide employees with a clear, fully

Section 3. - Employee Rights

D. In the event that a unit employee's pay is not received on the established pay day, upon the unit employee's request, the Employer will request from the servicing finance office that a replacement salary be issued as soon as possible.

Unit employees are encouraged to maintain official documents they receive related to pay and leave and to carry such documents with them when they are transferred or reassigned.

When the finance records of a unit employee are lost, destroyed, or delayed in conjunction with a reassignment or transfer, the Employer agrees to accept the unit employee's most recent "Earnings and Leave" statement or Standard Form 50, Notification of Personnel Action, as evidence of the proper basis for payment until the actual pay records have been reconstructed or received.

understandable explanation of how each pay check

was calculated.

7)

Section 3. - Employee Rights

H. A unit employee will have the option to select to receive their base pay over either 21 or 26 pay periods. The last pay period election made by the unit employee will apply annually until the unit employee submits a new election. The unit employee’s election for base pay is for the next school year. The base pay for a unit employee who elects payment over 26 pay periods will start on August 1 and continue through July 31.

Section 3. Employee Rights.

H. The biweekly base pay for unit employees will be the appropriate school year salary divided by the number of pay periods, normally 21, in the school year. The biweekly base pay will be reduced by the daily rate, 1/190th of the school year salary, for each day of absence in a non-pay status occurring on a workday within a pay period.

Section 3. - Employee Rights

H. The biweekly base pay for unit employees will be the appropriate school year salary divided by the number of pay periods, normally 21, in the school year. The biweekly base pay will be reduced by the daily rate, 1/190th of the school year salary, for each day of absence in a non-pay status occurring on a workday within a pay period.

8)

Section 4. - Management Rights.

B. Nothing in this section shall preclude the Employer and the Association from negotiating--

1. types, and grades of employees or positions assigned to any at the election of the Employer, on the numbers, organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

2. procedures which the Employer will observe in exercising any authority under this section; or

3. appropriate arrangements for employees adversely affected by the exercise of any

authority under this section by such management officials.

Section 4. Management Rights.

B. Nothing in this section shall preclude the Employer and the Association from negotiating --

1. procedures which the Employer will observe in exercising any authority under this section; or

2. appropriate arrangements for employees adversely affected by the exercise of any

authority under this section by such management officials.

Section 4. Management Rights.

B. Nothing in this section shall preclude the Employer and the Association from negotiating --

1. at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

2. procedures which the Employer will observe in exercising any authority under this section; or

3. appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

9)

Section 4. Management Rights.

C. Unless otherwise stated, all references to days in this Agreement are calendar days.

FEA Article 5 – Official Time, U-2

DoDEA Article 5 Official Time, M-4

10)

Section 1.

This Article sets forth the Association representatives who shall be granted official time and the amount of official time they shall be granted to perform

representational duties. The number of Association

Section 1.

This Article sets forth the amount of official time that shall be granted for representational activities. Official time must be used efficiently and in amounts that are

reasonable, necessary and in the public interest.

Section 1.

This Article sets forth the procedures for granting official time to Association representatives to perform representational activities and the granting of official time to employees.

representatives and the official time used by each, as

defined by this Agreement, shall be reasonable, necessary and in the public interest.

11)

Section 2. - Faculty Representative Spokespersons. The Faculty Representative Spokesperson (FRS) at each school shall be entitled to a reasonable amount of official time to perform his/her official representational duties for the school in accordance with the following:

1. Elementary and secondary schools with fewer than ten (10) unit employees may be entitled to an amount of official time that the Principal and the FRS agree is reasonable, necessary and in the public interest.
2. Elementary and secondary schools with eleven to twenty-five (11-25) unit employees are authorized five

(5) days per school year.

3. Elementary schools with twenty-six plus (26+) unit employees will be authorized nine (9) days per school year.
4. In order to minimize disruption to the education program, the use of official time specified above, if not regularly schedule, shall be requested in advance, normally three (3) workdays. Such requests shall be in writing and shall be granted absent compelling circumstances.
5. Secondary schools with twenty-six plus (26+) unit employees are authorized one (1) instruction-free period per day.
6. When the FRS at an elementary or secondary School in the Association’s bargaining unit is not a classroom educator, they will receive the equivalent

Section 2.

A. The Association shall be allotted a bank of hours to be used during each fiscal year. During the first year of the Agreement, the Association shall be allotted one

(1) hour for each authorized Full-time Equivalent (FTE) in the bargaining unit. Each year thereafter, the amount of official time provided to the Association shall be calculated based on the amount of time used during the previous fiscal year divided by the number of FTEs in the bargaining unit. It is understood that this rate shall not exceed 1 hour per FTE. At the beginning of each fiscal year, the Agency shall notify the Association of the number of official time hours granted for that fiscal year.

B. It is understood that employees and Association representatives shall spend at a minimum three- quarters (75%) of their paid time, each fiscal year, performing Agency business or attending necessary training required by DoDEA, in order to ensure that they develop and maintain the skills necessary to perform their duties efficiently and effectively.

Section 2.

A. The Association shall be allotted a bank of hours to be used during each fiscal year. During the first year of the Agreement, the Association shall be allotted one

(1) hour for each authorized Full-time Equivalent (FTE) in the bargaining unit. Each year thereafter, the amount of official time provided to the Association shall be calculated based on the amount of time used during the previous fiscal year divided by the number of FTEs in the bargaining unit. It is understood that this rate shall not exceed 1 hour per FTE. At the beginning of each fiscal year, the Agency shall notify the Association of the number of official time hours granted for that fiscal year.

B. It is understood that employees and Association representatives shall spend at a minimum three- quarters (75%) of their paid time, each fiscal year, performing Agency business or attending necessary training required by DoDEA, in order to ensure that they develop and maintain the skills necessary to perform their duties efficiently and effectively.

time to an FRS at school with a comparable number of unit employees.

7. The hours in Sections A-F of this Article do not include official time provided by statute or regulation, or for Agency-initiated requests to meet with Association official(s).
8. Attendance by an FRS in an Article 4 collaboration meeting or any similar meetings with the Employer shall not be counted against the official time in Sections A-F of this Article.
9. Subject to mutual agreement and in lieu of official time provided herein, the parties at the local level may enter into alternative arrangements equal to the above entitlements.

3. Employees and Association representatives who have already used 25% official time during a fiscal year may exceed 25% to participate in negotiations and proceedings before the Federal Labor Relations Authority. Any official time that exceeds 25% will be deducted from the subsequent fiscal year’s allotted bank of hours.

4. Official time may only be used for representational activities for which official time is permitted under the Statute and may not be used for lobbying Congress, internal union business, or by Association representatives for preparing or pursuing grievances except where such use is otherwise authorized by law or regulation.

5. An employee may use official time to:

1. prepare for, confer with Association representatives, or present a grievance brought on the employee’s own behalf,
2. appear as a witness in any grievance proceeding, or
3. challenge an adverse personnel action based on retaliation for engaging in protected whistleblower activity.

C.      Employees and Association representatives who have already used 25% official time during a fiscal year may exceed 25% to participate in negotiations and proceedings before the Federal Labor Relations Authority. Any official time that exceeds 25% will be deducted from the subsequent fiscal year’s allotted bank of hours.

D.      Official time may only be used for representational activities for which official time is permitted under the Statute and may not be used for lobbying Congress, internal union business, or by Association representatives for preparing or pursuing grievances except where such use is otherwise authorized by law or regulation.

E.       An employee may use official time to:

1.       prepare for, confer with Association representatives, or present a grievance brought on the employee’s own behalf,

2.       appear as a witness in any grievance proceeding, or

3.       challenge an adverse personnel action based on retaliation for engaging in protected whistleblower activity.

12)

Section 3. - National Officer, Area and District Representatives.

A. The National Officer, Area-level and District-level representatives shall be granted official time for the

purpose of conducting labor management business as set forth below:

FEA President: Full-Time official time

Two (2) Area Representatives: Half-Time official time/Half-time LWOP

Six (6) District Representatives: Half-Time official time/Half-Time Duty

B. The official time in Section 3A for the Six (6) FEA District-level Representatives will be used as follows: three (3) Local Presidents in the Pacific Area and three

(3) District Representatives in Europe. The Association will provide an annual notice to management of all of the individuals holding the positions in Section 3A.

3. The Employer will provide the incoming FEA President with official PCS travel orders with sufficient time to ensure that travel from the incoming FEA President’s duty station to Washington D.C. will be completed prior to August 1 of the year in which the FEA President takes office, to perform the representational functions at the National level between the parties.

4. The FEA President will retain all benefits of full- time employment with the Employer, including his/her full-time regular rate of pay. These benefits include, but are not limited to, retirement credit, health benefits, savings plans, and educator leave.

5. The FEA President, and the two FEA Area Directors shall retain rights to previous educational positions held and their educational positions shall

continue to be listed on their schools’ manning documents. The Employer will provide the outgoing FEA President, upon request, with official PCS travel orders to travel from Washington D.C. to the duty station where the previous educational position was held, upon leaving office as FEA President.

F. When Association officials work with other units and/or unions outside of the Association’s bargaining unit to serve the interests of the Association’s bargaining unit employees, this is not considered to be cross-unit representation.

13)

Section 4. - Procedures for the Use of Official Time When an Association representative leaves his/her work site for the purpose of meeting with a unit employee(s) at another work site, the representative shall notify his/her supervisor prior to leaving and shall notify the supervisor in the unit employee's work site prior to meeting with said employee to work out the necessary arrangements.

The Association representative shall promptly report to the appropriate Employer representative the amount of official time used through the form at the end of this Article.

Section 3. Procedures for the Use of Official Time.

A. Employees and Association representatives seeking to use official time, whether it be from the negotiated bank, Statute or other source, must request such official time in advance, for approval prior to its use except where obtaining prior approval is deemed impracticable, as determined by the Agency. The employee or Association representative will provide the Agency designee sufficient details about the use of the time so that a decision can be made as to when the time should be allowed and how many hours should be approved. Such requests will be accomplished by completing the form at the end of this Article. If the actual amount requested varies by more or less than fifteen (15) minutes, the employee or Association representative will send an e-mail to the Agency designee at the completion of the approved event. If the actual time use is to vary by more than thirty (30) minutes, the employee or Association representative will seek advance approval for the additional time before using it. Employees and Association representatives with ongoing requests of a prescribed

Section 3. Procedures for the Use of Official Time.

A. Employees and Association representatives seeking to use official time, whether it be from the negotiated bank, Statute or other source, must request such official time in advance, for approval prior to its use except where obtaining prior approval is deemed impracticable, as determined by the Agency. The employee or Association representative will provide the Agency designee sufficient details about the use of the time so that a decision can be made as to when the time should be allowed and how many hours should be approved. Such requests will be accomplished by completing the form at the end of this Article. If the actual amount requested varies by more or less than fifteen (15) minutes, the employee or Association representative will send an e-mail to the Agency designee at the completion of the approved event. If the actual time use is to vary by more than thirty (30) minutes, the employee or Association representative will seek advance approval for the additional time before using it. Employees and Association representatives with ongoing requests of a prescribed

number of hours on designated days must request approval at least once each pay period.

B. In addition to requesting advanced supervisory permission to take official time, when an Association representative leaves his/her work site while on official time for the purpose of meeting with a unit employee(s) at another work site, the representative shall notify his/her supervisor prior to leaving. The Association representative will also notify the supervisor at the other worksite before arriving. If the visit would unduly interfere with work requirements, the supervisor shall establish another time at which the

Association representative can visit the site.

number of hours on designated days must request approval at least once each pay period.

B. In addition to requesting advanced supervisory permission to take official time, when an Association representative leaves his/her work site while on official time for the purpose of meeting with a unit employee(s) at another work site, the representative shall notify his/her supervisor prior to leaving. The Association representative will also notify the supervisor at the other worksite before arriving. If the visit would unduly interfere with work requirements, the supervisor shall establish another time at which the

Association representative can visit the site.

14)

Section 4. Accounting for Official Time. Employees and Association representatives are responsible for ensuring the appropriate time codes and amount of official time used is accurately

recorded on their timesheet, using the following codes:

1. BA- Term negotiations
2. BB- Mid-term negotiations
3. BD- General labor management relations
4. BK- Dispute Resolution proceedings before the FLRA

Section 4. Accounting for Official Time. Employees and Association representatives are responsible for ensuring the appropriate time codes and amount of official time used is accurately

recorded on their timesheet, using the following codes:

A.          BA- Term negotiations

B.          BB- Mid-term negotiations

C.          BD- General labor management relations

D.            BK- Dispute Resolution proceedings before the FLRA

15)

Section 5. FEA At-Large Officers

The official time and benefits in Sections 3 A-D of this Article for the FEA President will be provided regardless of whether the person is a member of the bargaining unit or another bargaining unit affiliate with FEA.

16)

Section 6.

The FEA President may request to be placed on official time in a pay status for up to twenty (20) days during the summer break to perform representational duties for the Association.

17)

Section 7. Travel for Representation

When travel is required to meet with Employer officials, the Association representative on official time will receive government travel orders. Travel expenses will be paid in accordance with the JTR.

18)

Section 8. Training.

The Association shall be entitled to two (2) full workdays during the first school year of this Agreement and two (2) full workdays for each school year thereafter that this Agreement is in effect to conduct workshops or otherwise train Association representatives concerning labor-management relations and this Agreement.

For such training, the Association shall be entitled to one (1) representative per school with one to twenty- five (25) unit employees and two (2) representatives per school with twenty-six (26) or more unit employees. In schools with seventy-five (75) or more unit employees, the Association may be entitled to one

(1) additional representative for said training.

During the first year after this Agreement goes into effect, each bargaining unit member of the Association’s negotiation team, upon request, shall be authorized thirty (30) days of official time to conduct unit-wide training programs for unit employees.

When official travel is required to conduct unit-wide training programs, each bargaining unit member of the Association’s negotiation team receiving official time for the training will receive government travel orders. Travel expenses will be paid in accordance with the JTR

19)

Official Time Form

Official Time Form

Official Time Request Form - Agency form

FEA Article 11 Reduction-in-Force, U-5

DoDEA Article 11 Reduction in Force, M-8

20)

Section 5. - Competitive Area

Competitive Area will be an entire Area of the Employer. In the Association’s bargaining unit, there is the Europe Area and the Pacific Area.

Section 5. Competitive Area.

The competitive area for any RIF is defined as all employees of a local school system located on a military installation. When there are schools on more than one military installation under the administration of one Superintendent, the schools on each military installation form a separate competitive area unless they are in the same commuting area, in which case they form one competitive area.

Section 5. - Competitive Area

Competitive Area for any RIF shall be defined as all employees in the district.

21)

Section 7. - Retention Registers

In accordance with the requirements of 10 U.S.C. 1597, unit employees will be ranked on a retention register using the latest performance appraisal rating of record. No performance appraisal rating of record issued prior to the effective date of this Agreement shall be used for this Article.

The following retention factors (in order of priority) determine the placement on the RIF retention register:

1. Rating of record;
2. Tenure group;
3. Average Score;
4. Veteran’s preference; and
5. DoD service computation date (SCD) for RIF

Section 7. Retention Registers / Retention Priority. In implementing the requirements of 10 U.S.C. 1597, the Secretary has determined that employees will be ranked on a retention register based on periods of assessed performance as a primary factor as determined in one of the following categories.

1. Employees with a period of assessed performance of less than twelve (12) months and
2. Employees with a period of assessed performance of twelve (12) months or more.

Within each category described above, the following retention factors (in order of priority) determine the placement on the RIF retention register:

1. Rating of record;
2. Tenure group;
3. Average score;
4. Veteran’s preference; and
5. DoD service computation date (SCD) for RIF

Section 7. Retention Registers / Retention Priority. In implementing the requirements of 10 U.S.C. 1597, the Secretary has determined that employees will be ranked on a retention register based on periods of assessed performance as a primary factor as determined in one of the following categories.

a Employees with a period of assessed performance of less than twelve (12) months and

2. Employees with a period of assessed performance of twelve (12) months or more.

Within each category described above, the following retention factors (in order of priority) determine the placement on the RIF retention register:

6. Rating of record;
7. Tenure group;
8. Average score;
9. Veteran’s preference; and

DoD service computation date (SCD) for RIF

The retention register will be prepared from current retention records of employees. To provide adequate time to determine employee retention standing, only that information that is available at least ninety (90) days prior to the scheduled issuance of RIF notices may be used, except to correct errors in the record that are discovered prior to the effective date of the RIF.

The retention register will be prepared from current retention records of employees. To provide adequate time to determine employee retention standing, only that information that is available at least ninety (90) calendar days prior to the scheduled issuance of RIF notices may be used, except to correct errors in the record that are discovered prior to the effective date of the RIF.

The retention register will be prepared from current retention records of employees. To provide adequate time to determine employee retention standing, only that information that is available at least ninety (90) calendar days prior to the scheduled issuance of RIF notices may be used, except to correct errors in the record that are discovered prior to the effective date of the RIF.

22)

Section 7. - Retention Registers

B. Veterans Preference. Within each tenure group described in Section 7a above, competing employees shall be classified on the retention register based upon veteran preference in accordance with the priority order of retention factors as Subgroup AD (preference eligibles who have a service-connected disability of thirty (30) percent or more; Subgroup A (preference eligible employees not included in subgroup AD), or Subgroup B (non-preference eligible employees).

Section 7. Retention Registers / Retention Priority.

B. Veteran preference. Within each tenure group described in Section 7.a. above, competing employees shall be classified on the retention register based upon veteran preference in accordance with the priority order of retention factors established by the Secretary above as Subgroup AD (preference eligible who have a service-connected disability of thirty (30) percent or more); Subgroup A (preference eligible employees not included in subgroup AD), or Subgroup B (non- preference eligible employees).

Section 7. Retention Registers / Retention Priority.

B. Veteran preference. Within each tenure group described in Section 7.a. above, competing employees shall be classified on the retention register based upon veteran preference in accordance with the priority order of retention factors established by the Secretary above as Subgroup AD (preference eligible who have a service-connected disability of thirty (30) percent or more); Subgroup A (preference eligible employees not included in subgroup AD), or Subgroup B (non- preference eligible employees).

FEA Article 12 Grievance Procedure, U-3

DoDEA Article 12 Grievance Procedure, M-7

23)

Section 2.

C. This procedure shall not apply to any grievance concerning:

1. any claimed violation of Subchapter III of Chapter 73, Title 5 U.S.C. relating to prohibited political activities)

2. retirement, life insurance, or health insurance;

3. a suspension or removal under Section 7532 of Title 5 U.S.C.;

Section 2. Applicability.

C. This procedure shall not apply to any grievance concerning:

1. any claimed violation of Subchapter III of Chapter 73, Title 5 U.S.C. (relating to prohibited political activities)

2. retirement, life insurance, or health insurance;

3. a suspension or removal under Section 7532 of Title 5 U.S.C.;

Section 2. Applicability.

C. This procedure shall not apply to any grievance concerning:

1. any claimed violation of Subchapter III of Chapter 73, Title 5 U.S.C. (relating to prohibited political activities)

2. retirement, life insurance, or health insurance;

3. a suspension or removal under Section 7532 of Title 5 U.S.C.;

4. any examination, certification or appointment;

5. the classification of any position which does not result in the reduction in grade or pay of an employee;

6. an advance notice as provided in Articles 13 and 14 until a decision has been issued;

7. termination of trial period employees;

8. termination or expiration of temporary appointments; and

4. any examination, certification or appointment;

5. the classification of any position which does not result in the reduction in grade or pay of an employee;

6. an advance notice or final decision as provided in Articles 13 and 14;

7. termination of trial period employees;

8. termination or expiration of temporary appointments;

9. non-selection for promotion or transfer from lists of properly ranked eligible;

4. any examination, certification or appointment;

5. the classification of any position which does not result in the reduction in grade or pay of an employee;

6. an advance notice as provided in Articles 13 and 14;

7. termination of trial period employees;

8. termination or expiration of temporary appointments;

(9) oral admonishments.

10. oral admonishments;

11. granting or failing to grant incentive pay or the amount of the incentive pay (including cash awards, and recruitment, retention or relocation payments);

12. alleged violations of law, rule, or regulation for which options for redress are otherwise provided in statute or Government- wide regulations (e.g., EEO, adverse actions, debt collections, etc.);

13. anticipatory grievances (e.g., “Goodbye”

grievances); and

10.           oral admonishments;

14. performance ratings.

24)

Section 3.

Section 3. Types of Grievances.

Section 3. Types of Grievances.

A unit employee may present a grievance on the employee’s own behalf under this procedure provided that the Association is given the opportunity to be present during the grievance proceeding.

The Employer shall send the Association District-level Representative where the employee is assigned a copy of the grievance within one (1) week of filing. Any resolution reached with the unit employee shall be consistent with the terms of this Agreement.

1. Individual Grievance - A unit employee may present a grievance on his/her own behalf under this procedure provided that the Association is given the opportunity to be present during the grievance proceeding. Any resolution reached with the unit employee shall be consistent with the terms of this Agreement. Grievances previously filed as individual grievances may not be refiled as (or covered by) a group or an Association grievance. Similarly, grievants covered by a group or Association grievance may not subsequently file an individual grievance on the same issue if the employee is covered by a group or Association grievance. An employee’s claim may be addressed through only one type of grievance and it with be the type filed first.

2. Group Grievance – When a group of unit employees has an identical grievance, it will be considered as an individual grievance or one of unit employee and will be processed as a single grievance. An identical grievance is one which is due to the same event, had the same effect on the employees, and calls for the same remedy. All unit employees electing to join in the grievance must be identified and must sign the grievance at the state it is put in writing. There will be only one (1) Association representative for the group, if they choose to be represented by the Association. The final grievance decision will apply to all members of the group and each member of the group shall receive one (1) copy of the final decision. A grievance previously filed as a group grievance may not be refiled as or covered by an Association grievance.

3. Association Grievance – The Association may file a grievance to enforce its own institutional rights (e.g.,

official time requests for Association representatives),

1. Individual Grievance – A unit employee may present a grievance on the employee’s own behalf under this procedure provided that the Association is given the opportunity to be present during the grievance proceeding.  The Employer shall send the Association District-level Representative where the employee is assigned a copy of the grievance within one (1) week of filing. Any resolution reached with the unit employee shall be consistent with the terms of this Agreement.

An employee’s claim may be addressed through only one type of grievance.  Once the concern is resolved (e.g., remedy granted, matter dismissed by an arbitrator, matter no longer timely or grievable), it cannot be refiled (even under a different category of grievance).

2. Group Grievance - One grievance filed on behalf of a group of employees where the alleged violation involves more than one employee on the same issue.  All unit employees electing to join in the grievance must be identified and must sign the grievance at the state it is put in writing.  There will be only one (1) Association representative for the group, if they choose to be represented by the Association. The final grievance decision will apply to all members of the group and each member of the group shall receive one (1) copy of the final decision

3. Association Grievance – A grievance filed by the Association to enforce its own institutional rights (e.g., official time requests for Association representatives) or over the interpretation and application of this Agreement.

4. Employer Grievance – The Employer may file a grievance to enforce its own institutional rights or over the interpretation and application of this Agreement.

the rights of its unit employees, or over the interpretation and application of this Agreement. When filed on behalf of two (2) or more employees, the grievance must be due to the same event, have had the same effect on the covered employees, and call for the same remedy. If not, such complaints are to be filed as individual grievances that may be consolidated only by mutual consent of the Employer and the Association.

D. Employer Grievance – The Employer may file a grievance to enforce its own institutional rights or over the interpretation and application of this Agreement

and/or the conduct of the Association as an institution.

25)

Section 4.

Step 1 - Informal

The parties agree that informal resolution of employees' grievances is desirable. To this end, unit employee(s) and/or their Association representative(s) should present any grievance informally to the supervisor prior to reducing a grievance to writing.

Such informal presentation should take place within seven (7) calendar days of the act or incident giving rise to the grievance. The supervisor should arrange for a meeting within five (5) calendar days of the presentation of the informal grievance to fully discuss the matter and to attempt informal resolution.

Step 2 - Formal

A. Notwithstanding the provisions of Step 1 above, the unit employee or his/her Association representative must present the grievance, in writing, to the appropriate supervisor within fifteen (15) calendar days of the act or incident giving rise to the grievance.

Section 4. Individual and Group Grievance Process.

Step 1 – Informal

The Parties agree that informal resolution of employees' grievances is desirable. To this end, unit employee(s) filing individual or group grievances and/or their Association representative(s) should present any grievance informally to the supervisor prior to reducing a grievance to writing. Such informal presentation should take place within seven (7) calendar days of the act or incident giving rise to the grievance. The supervisor/designee should arrange for a meeting within five (5) calendar days of the presentation of the informal grievance to fully discuss the matter and to attempt informal resolution.

Step 2 – Formal

A. Notwithstanding the provisions of Step 1 above, all individual and group grievances, including those filed by the Association on behalf of employees, must present the grievance, in writing, to the appropriate supervisor within fifteen (15) calendar days of the act

Section 4 – Individual and Group Grievances

Status Quo from 1989-CBA

The grievance shall be in the format described at the end of this Article.

B.        1. The Principal shall issue a written decision within seven (7) calendar days from the date the written grievance was received by the Principal. The decision will be sent to the grievant and the grievant's representative, if any.

or incident giving rise to the grievance. The grievance shall be in the format described at the end of this Article and include the following:

1. Grievant’s name, job title, and school;

2. Association representative’s name, if used;

3. Date, time, and place of event being grieved;

4. Date employee became aware of the event being grieved;

5. Detailed narrative description of grievance facts explaining how the employee was harmed, the period of time of the alleged violation, and support for pecuniary claims, if any;

6. Articles and Sections of the Negotiated Agreement, law, regulation, or policy alleged to have been violated;

7. Proposed solution to remedy the grievance; and

8. Documents that support the grievance allegations.

B. The Principal/designee may issue a written decision within seven (7) calendar days from the date the written grievance was received by the Principal/designee. Such decision, if provided, shall be transmitted to the grievant and the grievant's representative, if any.

2. The grievant or his/her Association representative shall have ten (10) calendar days after the receipt of the Principal's written decision to advance the grievance to the next level. If the grievant has not received a written decision from the Principal within seven (7) calendar days, then the grievant may advance the grievance to Step Three of this procedure within ten (10) calendar days after the seven

(7) day period ends.

Step 3 - Review

1. When the grievance has not been resolved at Step Two, the grievant or his/her Association representative may submit his/her Step Three grievance to the Principal within ten (10) calendar days from the date the Principal's written decision was received. In addition to the information submitted under Step Two, the grievant must include a statement as to why the Principal's decision is unacceptable. Within two (2) working days following receipt of the Step Three grievance, the Principal shall forward the grievance and a copy of his/her Step Two decision to the DoDEA Area-level Director, with a copy of the forwarding letter to the grievant.

2. A review of the Step Three grievance will be completed and a final decision rendered within twenty

(20) days from its receipt. The written decision shall set forth the reasons for the decision and shall

C. The grievant or his/her Association representative shall have ten (10) calendar days after the receipt of the Principal's/designee’s written decision to advance the grievance to the next level. If the grievant has not received a written decision from the Principal/designee within the seven (7) calendar days heretofore referred to, then the grievant may advance the grievance to Step Three of this procedure within ten (10) calendar days after the seven (7) day period has elapsed.

Step 3 – Review

1. When the grievance has not been resolved at Step Two, the grievant or his/her Association representative may submit his/her grievance to the designated Area/Regional management official within ten (10) calendar days from the date he/she received the Principal's/designee’s written decision. In addition to the information submitted under Step Two, the grievant must include a copy of the Step Two decision, if any, and a statement as to why the Principal's/ designee’s decision is unacceptable.

2. Upon receipt of the grievance for consideration at the regional office, the regional review may be completed and a final decision rendered within (20)

twenty days from its receipt. Such decision, if

immediately be sent to the grievant and the grievant's Association representative, if any. A complete copy of the case file will immediately be sent to the appropriate FEA Area Director or designee and the appropriate FEA Uniserv Director.

provided, shall be in writing and set forth the reasons for the decision. The written decision shall be immediately transmitted to the grievant or the Association representative, as appropriate.

26)

Section 5.

E. Upon receipt of an Association or Employer grievance, the Association or Employer, as appropriate, shall review, investigate, and electronically send a written final decision within thirty (30) calendar days.

Section 5. Association and Employer Grievance Process.

4. Upon receipt of an Association or Employer grievance, the Association or Employer, as appropriate, may review, investigate, and furnish a written final decision within thirty (30) calendar days.

5. Grievances filed under this Section must contain sufficiently detailed information for the responding Party to have a reasonable opportunity to resolve the dispute and at a minimum contain:

1. A detailed description of the event giving rise to the grievance, i.e., dates, names, places, and the harm suffered;

2. A listing of all laws, regulations, Agreement provisions, past practices or other enforceable obligations alleged to have been violated with a narrative explanation regarding each alleged violation;

Section 5 – Association and Employer Grievances

Upon receipt of an Association or Employer grievance, the Association or Employer, as appropriate, shall review, investigate, and furnish a written final decision within thirty (30) calendar days.

Grievances filed under this Section must contain sufficiently detailed information for the responding Party to have a reasonable opportunity to resolve the dispute.  Grievants are encouraged the Grievance Form, modified as appropriate.

Should the Association's or Employer's final decision not be satisfactory, arbitration may be

invoked by the appropriate party.

F. Should the Association's or Employer's final decision not be satisfactory, arbitration may be

invoked by the appropriate party.

3. Statement of the remedy requested to correct the alleged violation;

4. The name of the designated Association/Management representative with his/her email address, telephone number, mailing address, and title.

27)

Section 6. - Arbitration.

1. Should either the Employer or the Association be dissatisfied with the final decision of the other party in a grievance covered by this Agreement, the party (Association or Employer) that brought the grievance may proceed to arbitration.

2. Arbitration may be invoked only by the submission of the appropriate Federal Mediation and Conciliation Service (FMCS) form by the grieving party to the other party within sixty (60) calendar days after the date of the receipt of the grievance case file.

Not later than five (5) days after receipt, the FMCS form shall be forwarded to the FMCS for referral of an arbitration panel.

3. The parties requests to the FMCS for arbitration panels under this negotiated grievance procedure will include the following requirements: the arbitrator must

Section 6. Arbitration.

1. Should either the Employer or the Association be dissatisfied with the final decision of the other Party in a grievance covered by this Agreement, the Party (Association or Employer) that brought the grievance may proceed to arbitration. The grieving Party may not raise for the first time arguments at arbitration that were not first raised and fully detailed in earlier steps of the grievance procedure. Consequently, the grieving Party may not submit documents or evidence at the hearing without having presented them to the responding Party prior to the invocation of arbitration.

2. Arbitration may be invoked only by the submission of the appropriate Federal Mediation and Conciliation Service (FMCS) form by the grieving Party to the other Party within thirty (30) calendar days after the date the final decision was either due from the responding Party or was received by the grieving Party, whichever is earlier. Each Party will notify the other its official the FMCS form should be sent to.

Not later than five (5) days after the earlier of receipt or due date, the FMCS form shall be forwarded to the FMCS for referral of an arbitration panel. Normally,

Section 6. Arbitration.

1. Should either the Employer or the Association be dissatisfied with the final decision of the other Party in a grievance covered by this Agreement, the Party (Association or Employer) that brought the grievance may proceed to arbitration.

2. Arbitration may be invoked only by the submission of the appropriate Federal Mediation and Conciliation Service (FMCS) form by the grieving Party to the other Party within thirty (30) calendar days after the date the final decision was either due from the responding Party or was received by the grieving Party, whichever is earlier. Each Party will notify the other its official the FMCS form should be sent to.

Not later than five (5) days after the earlier of receipt or due date, the FMCS form shall be forwarded to the FMCS for referral of an arbitration panel.

be a member of the American Arbitration Association (AAA), the arbitrator must have Federal Sector experience (either as a Federal employee or arbitration decisions). In addition, for arbitration panel requests under Section 5, the Arbitrator must be from the Washington Metropolitan Area. The Association will certify on the arbitration panel request that these requirements have been jointly agreed upon.

D. Normally, within fifteen (15) days after either party requests to select an arbitrator, the parties will select an arbitrator by alternately striking names from the referral with the name of the last arbitrator becoming the selection. The moving party shall strike the first name.

6. With the consent of both parties, more than one arbitration case may be consolidated for review by the same arbitrator.

7. If the parties fail to agree on a joint submission of the issue(s) for arbitration, each party shall submit their proposed issue(s) for arbitration, and the arbitrator shall determine the issue or issues to be

heard.

within five (5) calendar days after receipt of an FMCS referral, the Party who invoked arbitration (“moving Party”) shall contact the other Party to schedule a mutually agreeable time for arbitrator selection.

Unless mutually agreed otherwise, the FMCS will be requested to provide a list of seven (7) arbitrators who will be attorneys with practices within the Washington, DC metropolitan area with Federal sector arbitration experience and members of the FMCS or American Arbitration Association panels and the National Academy of Arbitrators. The Parties will select an arbitrator by alternately striking names from the referral with the name of the last arbitrator becoming the selection. The moving Party shall strike the first name. Absent mutual agreement, arbitrator selection must be completed within twenty (20) calendar days after the Parties’ receipt of the panel from the FMCS.

D. With the consent of both Parties, more than one arbitration case may be consolidated for review by the same arbitrator. Any hearing for cases that arise under this Agreement that are not scheduled within six (6) months from the date of invocation will be considered withdrawn. The hearing may be held beyond the six

(6) month window provided the hearing was scheduled within six (6) months of invocation. The six (6) month timeframe may only be extended by mutual agreement.

E. If the Parties fail to agree on a joint submission of the issue for arbitration, each shall submit a separate submission and the arbitrator shall determine the issue(s) to be heard. However, in no case may the

arbitrator adopt an issue statement that is broader than

3. Normally, within five (5) calendar days after receipt of an FMCS referral, the Party who invoked arbitration (“moving Party”) shall contact the other Party to schedule a mutually agreeable time for arbitrator selection.  Unless mutually agreed otherwise, the FMCS will be requested to provide a list of seven (7) arbitrators who will be attorneys with practices within the Washington, DC metropolitan area with Federal sector arbitration experience and members of the FMCS or American Arbitration Association panels and the National Academy of Arbitrators. The Parties will select an arbitrator by alternately striking names from the referral with the name of the last arbitrator becoming the selection. The moving Party shall strike the first name. Absent mutual agreement, arbitrator selection must be completed within twenty (20) calendar days after the Parties’ receipt of the panel from the FMCS.
4. With the consent of both parties, more than one arbitration case may be consolidated for review by the same arbitrator. Any hearing for cases that arise under this Agreement (or was invoked under the prior CBA, but is still pending scheduling) that are not scheduled within twelve (12) months from the date of invocation (or, for the prior-CBA cases, not scheduled within 12 months from the effective date of this Agreement) will be considered withdrawn. The hearing may be held beyond the twelve (12) month window provided the hearing was scheduled within twelve (12) months of invocation., the twelve (12) month timeframe was extended by mutual agreement, or the moving party can demonstrate they exercised due diligence in attempting to schedule within the 12 months.

H. Arbitration hearings under Section 5 of this Article will normally be at the school site, unless the Employer decides otherwise. Hearings for grievances filed under Section 5 of this Article will alternate between Employer and Association headquarters, unless the parties agree otherwise on a case-by-case basis.

the allegations and facts contained in the original grievance or any subsequent narrowing of the grievance. This includes expanding a remedy to cover employees not covered by the original grievance or subsequent narrowing of it. A conference call with the arbitrator will be held in order to raise threshold issues and set briefing schedules when hearings are bi- furcated, submit stipulations of facts, etc. If either Party declares a grievance non-arbitrable or non- grievable, the merits portion of the grievance will be placed in abeyance and the arbitrator will issue a decision on the threshold issue of grievability and/or arbitrability based on the written briefs. The arbitrator's hearing will normally be at the school site in the case of individual and group grievances unless the Employer decides otherwise.

F. The hearing for Association and Employer grievances will normally be held in DoDEA Headquarters with school-site witnesses participating by video or tele-conference unless the Employer decides otherwise. The Party invoking arbitration will have the burden of proof and will present its case first, except in disciplinary actions in which case the Employer will present its case first, unless the burden of proof is established by law or Government-wide regulation.

E.If the Parties fail to agree on a joint submission of the issue for arbitration, each shall submit a separate submission and the arbitrator shall determine the issue(s) to be heard.

A conference call with the arbitrator will be held in order to raise threshold issues and set briefing schedules when hearings are bi- furcated, submit stipulations of facts, etc. If either Party declares a grievance non-arbitrable or non- grievable, the merits portion of the grievance will be placed in abeyance and the arbitrator will issue a decision on the threshold issue of grievability and/or arbitrability. 

F.The arbitration hearing for an Individual or Group grievance will normally be at the school site, unless the Employer decides otherwise.

The arbitration hearing for an Association and Employer grievance will normally be held in DoDEA Headquarters, with witnesses not from DoDEA Headquarters participating by video or tele-conference, if practical and acceptable to the Arbitrator.

The Party invoking arbitration will have the burden of proof and will present its case first, except in disciplinary actions in which case the Employer will present its case first, unless the burden of proof is established by law or Government-wide regulation.

1. All unit employees who are participants, including witnesses, in the hearing shall be in a duty status and, in the event the hearing is not held at a site within commuting distance, participants, including witnesses, shall be provided with official TDY travel orders and lodging in accordance with appropriate travel regulations.

10. Unit employee Association representatives who are in the area because of other Association business are excluded from the provisions in Section 6.I. of this Article. Each party may recommend witnesses by providing the full name and address, a statement setting forth the expected testimony, and an explanation of relevance of the testimony to the issue. Based on this information, the arbitrator shall determine the witnesses to provide testimony.

L. The arbitrator's authority will be limited only to the issue involved, subject to section 6. G of this Article.

7. All unit employees who are witnesses in the hearing shall be in a duty status provided the witnesses would otherwise be in a duty status.

8. Each Party may recommend witnesses by providing the full name and address, a statement setting forth the expected testimony, and an explanation of relevance of the testimony to the issue. Based on this information, the arbitrator shall determine the witnesses to provide testimony.

J. The arbitrator's authority will be limited only to the issue involved, and his decision must not involve

G.            All unit employees who are witnesses in the hearing shall be in a duty status.

The arbitrator's award will be binding on both parties unless an exception to the award is filed in accordance with the Federal Service Labor-Management Relations Statute.

M. Upon mutual consent of the parties, any dispute over the application of an arbitrator's award shall be remanded to the arbitrator for settlement. Arbitrators

violation of law or governing regulations. The arbitrator's award will be binding on both Parties unless an exception to the award is filed in accordance with the Federal Service Labor-Management Relations Statute. An arbitrator may retain jurisdiction only to resolve disputes concerning back pay calculations, award of attorney fees, and clarifying his/her decision for the employee(s) covered by the original grievance for a period of not more than thirty (30) days after his/her initial award. In such cases, all initial awards shall become final on the 31st day. The arbitrator’s final decision will render him/her functus officio, for purposes of that dispute, absent remand from an appropriate authority or by agreement of the Parties.

If the arbitrator decides to issue an interim decision, he/she shall only be reimbursed for the cost of travel and per diem and one hearing day at that time. Full payment will be delayed until the arbitrator’s final decision is issued. If the arbitrator decides that he/she needs to interact with the Parties during the period of retained jurisdiction, it will be done only via a telephone conference call and the arbitrator will be compensated on an hourly basis (one-eighth of his/her advertised daily rate) for each hour or portion of an hour the call consumes. Moreover, this involvement by an arbitrator is limited to him/her making a decision on a specific dispute, not monitoring the implementation activity of either Party. Similarly, the arbitrator is not empowered to rule on whether a Party is complying with his/her award; enforcement of an award must be pursued via an Unfair Labor Practice charge with the Federal Labor Relations Authority or a new grievance.

K. Upon mutual consent of the Parties, any dispute over the application of an arbitrator's award shall be remanded to the arbitrator for settlement.

The arbitrator's authority will be limited only to the issue involved, subject to section 6. E of this Article. The arbitrator's award will be binding on both parties unless an exception to the award is filed in accordance with the Federal Service Labor-Management Relations Statute.

Upon mutual consent of the Parties, any dispute over the application of an arbitrator's award shall be remanded to the arbitrator for settlement.

shall retain jurisdiction over an award until the award has been fully implemented, unless the parties mutually agree otherwise.

O. The cost for arbitration shall be borne equally by the Association and the Employer. Arbitration costs will include the arbitrator's fee, FMCS form fee, travel, per diem, mailing costs, and the costs of the transcript of the hearing where mutual agreement was reached on sharing said costs or where the arbitrator requests a transcript. It is further agreed that if one party obtains a transcript at its own cost, the other party shall not be entitled to receive or obtain said transcript or a copy thereof unless it is provided to the arbitrator.

M. The cost for arbitration shall be borne equally by the Association and the Employer. Arbitration costs will include the fee, travel, and per diem for the arbitrator, and the costs of the transcript of the hearing where mutual agreement was reached on sharing said costs or where the arbitrator requests a transcript. It is further agreed that if one Party obtains a transcript at its own cost, the other Party shall not be entitled to receive or obtain said transcript or a copy thereof unless it is provided to the arbitrator.

15. Copies of all documents, including a certificate of service, filed with the arbitrator at any stage of the arbitration proceeding will be simultaneously served on the other Party.

16. The Parties agree to schedule all grievances pending arbitration as of the date this Agreement becomes effective for a hearing no later than six (6) months from the effective date of this Agreement. They will meet within the first thirty (30) days of this Agreement to assign them to arbitrators and select hearing dates. Any cases the Association refuses to

schedule during that time or other mutually agreeable

M.The cost for arbitration shall be borne equally by the Association and the Employer. Arbitration costs will include the fee, travel and per diem for the arbitrator, and the costs of the transcript of the hearing where mutual agreement was reached on sharing said costs or where the arbitrator requests a transcript. It is further agreed that if one Party obtains a transcript at its own cost, the other Party shall not be entitled to receive or obtain said transcript or a copy thereof unless it is provided to the arbitrator.

O.            Copies of all documents, including a certificate of service, filed with the arbitrator at any stage of the arbitration proceeding will be simultaneously served on the other Party.

time will be moot and incapable of refiling or coverage under subsequently filed grievances.

Q. Neither Party may submit a pre-hearing brief except upon the specific request of the arbitrator or by mutual consent of the Parties.

Q.Neither Party may submit a pre-hearing brief except upon the specific request of the arbitrator or by mutual consent of the Parties.

28)

Section 7. - General Provisions.

A. Group Grievance

When a group of unit employees has an identical grievances it will be considered as an individual grievance in the name of one unit employee and will be processed as a single grievance in the name of the unit employee designated by the others to act for them. All unit employees electing to join in the grievance must be identified and must sign the grievance at the stage it is put in writing. There will be only one (1) Association representative for the group. The final grievance decision will apply to all members of the group and each member of the group shall receive one

(1) copy of the final decision.

B. Time limits

1. The time periods in this Article shall be tolled during all recess periods in excess of four (4) days. In the event of a government furlough/shutdown, the time periods shall be tolled from the start of the furlough/shutdown until five (5) days after the end of the furlough/shutdown to allow for schools and the Employer to return to normal functions.

4. To be considered timely under the procedure, those grievances resulting from a one-time act or decision must be presented within fifteen (15)

Section 7. General Provisions.

A. Time Limits

1. To be considered timely under the procedure, those grievances resulting from a one-time act or decision must be presented

Section 7. General Provisions.

1. Time Limits

1.             To be considered timely under the procedure, Individual or Group grievances resulting from a one-time act or decision must be presented within fifteen (15) calendar days after the grievant knew or should have known about the act or specific incident giving rise to the individual or group grievance. Similarly, to be considered timely, those Association or Agency grievances resulting from a one-time act or specific incident must be presented within forty-five (45) calendar days after the Association or Employer (as appropriate) knew or should have known about the act or specific incident giving rise to Association or Employer grievances. Those grievances resulting from continuing conditions may be presented at any time.

calendar days after the act or specific incident giving rise to the grievance comes to the attention of the grievant. Those grievances resulting from continuing conditions may be presented at any time.

3. Except as provided in (5) below, failure of the responding party to observe the time limits shall entitle the moving party to advance the grievance to the next step.

5. Both parties agree to make a maximum effort to comply with the time limits established in the grievance procedure. Failure to comply with established time limits because of unavoidable delays such as postal problems, school recesses, vacation schedules, etc., will not serve as a basis for either party to file a grievance under this grievance procedure, or to reject a grievance as untimely filed.

within fifteen (15) calendar days after the grievant knew or should have known about the act or specific incident giving rise to individual or group grievances. Similarly, to be considered timely, those grievances resulting from a one-time act or specific incident must be presented within forty-five (45) calendar days after the Association or Employer (as appropriate) knew or should have known about the act or specific incident giving rise to Association or Employer grievances. Those grievances resulting from continuing conditions may be presented at any time.

Absent a non-discretionary statutory or regulatory requirement to the contrary, any back pay remedy will be limited to the period beginning no earlier than the date the grievance was filed.

3. Failure of the responding Party to observe the time limits shall entitle the moving Party to advance the grievance to the next step. The failure of the moving Party to present a grievance within the prescribed time limits of this Article, including arbitration, shall be considered as a waiver of the grievance and issue(s) grieved. In such cases, grievances shall be closed absent written mutual Agreement between the Parties at the National level to continue processing the grievance.

E. The Employer will not be required to provide the Association reports of grievances filed or access to the Employer’s grievance database. Employees who

Failure of the responding Party to observe the time limits shall entitle the moving Party to advance the grievance to the next step if the moving Party chooses to move the grievance. The failure of the moving Party to present a grievance or move a grievance to the next step after receiving a response within the prescribed time limits of this Article, including arbitration, shall be considered as a waiver of the grievance and issue(s) grieved. In such cases, grievances shall be closed absent written mutual Agreement between the Parties at the National level to continue processing the grievance.

5. Notwithstanding the provisions of this Article, any action taken under Article 13 or a removal under Article 14 of this Agreement may be grieved under Article 12 of the Agreement within fifteen (15) calendar days after receipt of the final decision on the proposed action. Grievances of this nature may be filed at the Regional level by the Association or the affected unit employee.

6. A unit employee may challenge a rating of Fully Successful or commendable (or equivalent ratings) under this grievance procedure, except that such challenge shall not be subject to the arbitration provisions set forth in section 6 of this Article.

file grievances without Association representation are responsible for providing the Association a copy of their grievances no later than at the time they are filed with the Employer.

A unit employee may challenge a rating of Fully Successful or commendable (or equivalent ratings) under this grievance procedure, except that such challenge shall not be subject to the arbitration provisions set forth in section 6 of this Article.

29)

Section 8. Attorney’s Fees.

A. The Employer shall provide a written notice to the Association thirty (30) calendar days after an entitlement to payment of attorney’s fees to the Association has been established by an arbitrator  and the attorney’s fees have not yet been paid.

The notice to the Association will contain the following information.

1. What steps have been taken to obtain payment;

2. Status of payment request;
3. Steps to be taken to obtain payment; and
4. Projected payment date.

Section 8. Attorney Fees.

1. The maximum hourly rate billable by the Association to the Agency is the billing attorney’s average hourly rate as calculated from his/her annual salary.

2. Disputes over attorney fees will be resolved by the arbitrator who heard the underlying grievance unless the Parties mutually agree otherwise.

3. The Association will present a petition for fees to the Agency no later than fifteen (15) calendar days after the grievance arbitration decision becomes final and binding, i.e. no further challenge, clarification, etc. is available. If no agreement is reached voluntarily between the parties within fifteen (15) days of the Agency receiving the petition, the Association will forward the petition to the arbitrator for resolution no

Section 8. Attorney Fees.

Disputes over attorney fees will be resolved by the arbitrator who heard the underlying grievance unless the Parties mutually agree otherwise.

The Association will present a petition for fees to the Agency no later than thirty (30) calendar days after the grievance arbitration decision becomes final and binding, i.e. no further challenge, clarification, etc. is available. If no agreement is reached voluntarily between the parties within thirty (30) days of the Agency receiving the petition, the Association will forward the petition to the arbitrator for resolution no later than ninety (90) days after the decision became final and binding.

B. If attorney’s fees have not been paid within sixty

(60) calendar days after the original date of entitlement to payment, the Employer shall send a follow-up letter to the Association that updates the information contained in the previous letter.

C. This provision is not limited to the payment of attorney’s fees resulting from grievances filed under Article 12 of this Agreement.

later than forty five (45) days after the decision became final and binding.

4. The Association shall have the burden of proof to meet all applicable standards and criteria of law, regulation and Rules of Professional Conduct. Billing entries will contain sufficient detail to enable the Agency to determine what work was actually performed and the time it took to perform such work.

5. The Association and its legal representatives will use “billing judgment” when incurring hours of work on a case. Time will be justified in fifteen (15) minute increments or less where a task required less than fifteen (15) minutes. Non-legal work such as filing, copying, mailing, calculating, etc. which can be performed by paralegals or other non-attorneys will not be billed at the attorney rate.

6. Fees are determined by applying the designated hourly rate figure to the number of hours expended on the case that were allowable under this Agreement.

7. Fees will be in proportion to the relief awarded in comparison to the scope of the litigation as a whole.

8. Fees are to be reasonably and proportionately reduced based on the degree of success achieved at arbitration, e.g., when not all requested remedies are obtained. Where the relief ordered is less than that sought, an award is to be reduced either by identifying the hours associated with unsuccessful claims or by simply reducing it proportionately to account for the limited success. Similarly, time shall not be compensable:
   1. for unsuccessful arguments made that were

unrelated to the arguments/claims successfully adopted;

2. for one or more grievants who were not granted relief;

3. for a grievant who was not found to be substantially innocent of all disciplinary charges;

4. for pre or post-hearing motions that were dismissed;

5. for monetary relief granted that was de minimis; or

6. for an Agency-rescinded or corrected action without a consent decree, settlement agreement, order, or similar legally enforceable instrument.

I. To receive fees in a non-disciplinary case, the Association must demonstrate:

1. that the Agency knew or should have known at the time that it denied the grievance that it would not prevail at arbitration; or

2. given the result of the arbitration, the grieved action was clearly without merit.

J. To receive fees in a case involving minor disciplinary actions (i.e., suspensions of 14 days or less, oral/written reprimands, oral/written counseling), the Association must demonstrate that

the Agency’s penalty determination was not

reasonable based upon the nature and strength of

the evidence available to the Agency when the penalty was imposed.

30)

GRIEVANCE FORMAT

Addressed to: (Principal’s Name)

Official Mailing Address date

Subject:          Employee Grievance Initiated Under the FEA/DoDEA Negotiated Agreement

Paragraph 1: This grievance is being submitted under Step 2 of the grievance procedure

Paragraph 2: Employee’s name, duty assignment, work and home telephone numbers

Paragraph 3:   A statement of the grievance

Paragraph 4: A statement of the relief sought (what must DoDEA do to resolve your complaint)

GRIEVANCE FORMAT

Date:

Addressed to: Principal's Name and Official Mailing Address

Subject: Employee Grievance Initiated Under the FEA/DoDEA Negotiated Agreement.

Paragraph 1: This grievance is being submitted under Step 2 of the grievance procedure.

Paragraph 2: Employee's name, job title, school, work and home telephone numbers.

Paragraph 3: A detailed narrative description of

the grievance including date, time, and place of event being grieved and the date the employee became aware of the event being grieved.

Paragraph 4: Articles and Sections of the Negotiated Agreement, law, regulation, or policy alleged to have been violated.

Paragraph 5: A statement of the relief sought (what must DoDEA do to resolve your complaint).

Paragraph 5: The name, address and telephone

number of the employee’s Association representative (Note: An employee, under the terms of the Agreement can only be represented by the Association. An employee who does not elect to be represented by the Association must represent himself/herself. If an employee has chosen not to be represented by the Association, a statement to this effect shall be included in Paragraph 5 of the grievance letter).

Paragraph 6: A copy of any correspondence on the matter.

Employee or Association Representative signature

• All grievances must be submitted in writing and may be in this prescribed format.

Paragraph 6: The name, address and telephone number of the employee's Association representative, if used.

(Note: An employee, under the terms of the Agreement, can only be represented by the Association. An employee who does not elect to be represented by the Association must represent himself/herself. If an employee has chosen not to be represented by the Association, a statement to this effect shall be included in Paragraph 6 of the grievance letter.)

Paragraph 7: A copy of any correspondence on the matter or other documents that support the grievance allegations.

Employee or Association Representative Signature

* All grievances must be submitted in writing and in this prescribed format.

FEA Article 13 – Discipline and Adverse Action,

U-4

DoDEA Article 13 Discipline and Adverse Action,

M-5

Article 13 Discipline and Adverse Action

31)

Section 1.

For the reasons/principles relied upon for disciplining unit employees under this Article, Title 5 of the U.S. Code will apply.

Section 1.

No unit employee shall be furloughed for thirty (30) days or less, reduced in grade or pay, removed, disciplined, reprimanded, or suspended unless for such cause as will promotes the efficiency of the service. It is understood that the Agency may, at its discretion, take a performance-based action against a

unit employee based on poor performance under Title

Section 1

No Unit employee shall be furloughed for thirty (30) days or less, reduced in grade or pay, removed, disciplined, reprimanded,  or suspended without just cause.

5 CFR Part 432 and Article 14, or through adverse action procedures under Title 5 CFR Part 752 and Article 13.

32)

Section 2.

Discipline imposed by the Employer will be designed to correct the unit employee's behavior. Accordingly, the Employer will exercise reasonable judgment to ensure the discipline is in proportion to the nature of the offense consistent with the concept of progressive discipline.

Section 2.

Discipline imposed by the Employer will be designed to correct the unit employee's behavior. Accordingly, the Employer will exercise reasonable judgment to ensure the discipline is in proportion to the nature of the offense.

33)

Section 4.

Whenever a unit employee is furloughed for thirty

(30) days or less, reduced in grade or pay, removed, or suspended for more than fourteen (14) days, the following procedures shall apply:

A. Issuance of Advance Notice

2. The advance notice shall:

3. inform the unit employee of the right to reply orally or in writing, or both, within fifteen (15) duty days from receipt of the proposed notice;
4. state that a final decision on the proposed action will not be made until after receipt of the unit employee's reply, or after the fifteen

(15) duty day period, whichever comes first; and

Section 4.

Whenever a unit employee is furloughed for thirty

(30) days or less, reduced in grade or pay, removed, or suspended for more than fourteen (14) days, the following procedures shall apply:

A. Issuance of Advance Notice

2. The advance notice shall:
   3. inform the unit employee of the right to reply orally or in writing, or both, within fifteen (15) days from receipt of the proposed notice;
   4. state that a final decision on the proposed action will not be made until after receipt of the unit employee's reply or after the fifteen

(15) day period, whichever comes first; and

Section 4.

Whenever a unit employee is furloughed for thirty

(30) days or less, reduced in grade or pay, removed, or suspended for more than fourteen (14) days, the following procedures shall apply:

A. Issuance of Advance Notice

2.           The advance notice shall:

c.           inform the unit employee of the right to reply orally or in writing, or both, within fifteen (15) days from receipt of the proposed notice;

d.           state that a final decision on the proposed action will not be made until after receipt of the unit employee's reply or after the fifteen

(15) day period, whichever comes first; and

34)

Section 4.

C. It is understood that the above procedures are only applicable to those bargaining unit employees who meet the statutory definition of an employee under 5

U.S.C. § 7511.

 It is understood that the above procedures are only applicable to those bargaining unit employees who meet the statutory definition of an employee under 5

U.S.C. § 7511.

35)

Section 6.

The time periods in this Article shall be tolled during all recess periods in excess of four (4) days. In the event of a government furlough/shutdown, the time periods shall be tolled from the start of the furlough/shutdown until five (5) days after the end of the furlough/shutdown to allow for schools and the Employer to return to normal functions. All time periods in this procedure may be extended or curtailed in writing by mutual consent of the parties. Requests for extension of the time periods in the Article shall not be unreasonably withheld.

FEA Article 14 – Performance Appraisal System,

U-4

DoDEA Article 14 Performance Appraisal System,

M-5

Article 14 Performance Appraisal System

36)

Section 2.

The evaluator shall take into consideration any circumstances that may adversely affect an employee's

performance, such as class size, special learning needs, availability of curricular materials/supplies,

Section 2.

The performance of all unit employees shall be evaluated according to established Agency

requirements. The evaluator shall take into consideration any circumstances that may adversely

Section 2.

The performance of all unit employees shall be evaluated according to DPMAP (DOD Instruction 1400.25, Volume 431), implemented in this unit in May 2018, with any amendments as negotiated between this parties.

physical facilities, multiple duty assignments, geographical difficulties, time constraints, case load and involuntary reassignments.

The Employer shall apply the performance standards in such a manner that a fully competent employee can reasonably be expected to attain them. Unit employees shall be clearly informed of the supervisors who have authority to supervise/evaluate their performance.

affect an employee's performance, such as class size, special learning needs, physical facilities, multiple duty assignments, geographical difficulties, time constraints, and involuntary reassignments. The Employer shall apply the performance standards in such a manner that a fully competent employee can reasonably be expected to attain them. Unit employees shall be clearly informed of the supervisors who have authority to supervise/evaluate their performance.

The evaluator shall take into consideration any circumstances that may adversely affect an employee's performance, such as class size, special learning needs, physical facilities, multiple duty assignments, geographical difficulties, time constraints, and involuntary reassignments. The Employer shall apply the performance standards in such a manner that a fully competent employee can reasonably be expected to attain them. Unit employees shall be clearly informed of the supervisors who have authority to supervise/evaluate their performance.

37)

Section 6.

In the event that the Employer identifies unacceptable performance in one or more performance elements, the Employer will place the educator in an Intervention Program (IP). The Employer will provide a written notice to the employee, which will identify the area(s) of deficiency, recommendations for fixing the deficiency, and a plan of observations and conferences to determine progress.

The Employer shall bring in local ISS or a mutually agreed upon designee to model appropriate pedagogy with the employee, with the Employer observing.

Then, all three will meet within two (2) days to discuss the observations.

Section 6.

Prior to proposing any personnel action based on unacceptable performance under the provisions of 5 CFR 432, the Employer shall ensure that the unit employee is provided an opportunity to demonstrate acceptable performance.

Section 6.

Prior to proposing any personnel action based on unacceptable performance under the provisions of 5 CFR 432, the Employer shall ensure that the unit employee is provided an opportunity to demonstrate acceptable performance.

At the end of the Intervention Program (IP), if the employee has not demonstrated improvement, the employee will be placed into a Performance Improvement Plan (PIP). Under the PIP, the Employer shall ensure that the unit employee is provided an opportunity to demonstrate acceptable performance.

To this end, the Employer shall provide written notice of the PIP, which will identify employee's failure to satisfy the performance standards for one or more critical elements. The notice shall be provided to the employee at least thirty (30) days in advance of proposing a removal based on unacceptable performance. This notice shall identify:

1. the critical elements of the employee's position for which performance is unacceptable.

2. the improvements the employee must make to bring performance to a satisfactory level.

3. the efforts the Employer will make to help the unit employee improve.

To this end, the Employer shall provide notice of the employee's failure to satisfy the performance standards for one or more critical elements. The notice shall be in writing and shall be provided to the employee at least thirty (30) days in advance of proposing a personnel action based on unacceptable performance. This notice shall identify:

1. the critical elements of the employee's position for which performance is unacceptable.

2. the improvements the employee must make to bring performance to a satisfactory level.

3. the efforts the Employer will make to help the unit employee improve.

D. the time period of at least thirty (30) days within which the employee must improve the unacceptable performance prior to a second notice being issued by the Employer. At the end of the time period specified, the Employer shall notify the affected employee in writing as to whether:

1. the employee is now performing in an acceptable manner; or

2. the employee's performance remains unacceptable. If so, this second notice may be accomplished in a notice of proposed action described in Section 7 below.

D. the time period of at least thirty (30) days within which the employee must improve the unacceptable performance. At the end of the time period specified, the Employer shall notify the affected employee in writing as to whether:

1. the employee is now performing in an acceptable manner; or

2. the employee's performance remains unacceptable. If so, a second notice will be accomplished in a notice of proposed action described in Section 7 below.

38)

Section 7.

A unit employee who is proposed to be removed based on unacceptable performance shall be given thirty (30) days advance notice of the proposed action, which:

1. states the reasons for the proposed action in detail:

2. identifies specific instances of unacceptable performance by the unit employee:

3. identifies the critical element of the unit employee's position for which performance is unacceptable;

4. provide the employee and representative with a copy of the material relied upon for the proposed action

Section 7.

A unit employee shall be given thirty (30) days advance notice of the proposed action, which:

1. states the reasons for the proposed action in detail:

2. identifies specific instances of unacceptable performance by the unit employee:

3. identifies the critical element of the unit employee's position for which performance is unacceptable;

4. states that the unit employee may review the material relied upon in proposing the action and

Section 7.

A unit employee shall be given thirty (30) days advance notice of the proposed action, which:

5. states the reasons for the proposed action in detail:

6. identifies specific instances of unacceptable performance by the unit employee:

7. identifies the critical element of the unit employee's position for which performance is unacceptable;

states that the unit employee may review the material relied upon in proposing the action and

E. informs the unit employee of the right to reply orally or in writing, or both, within fifteen (15) days from receipt of the proposed notice.

The proposed notice will be sent to the unit employee. The notice of proposed action shall not rely upon any instances of unacceptable performance occurring more than one year before the date of such notice.

make reasonable copies of such material;

E. informs the unit employee of the right to reply orally or in writing, or both, within fifteen (15) days from receipt of the proposed notice.

Two (2) copies of the notice of proposed action shall be provided to the unit employee so that the employee may provide a copy to the Association.

make reasonable copies of such material;

E. informs the unit employee of the right to reply orally or in writing, or both, within fifteen (15) days from receipt of the proposed notice.

Two (2) copies of the notice of proposed action shall be provided to the unit employee so that the employee may provide a copy to the Association. The notice of proposed action shall not rely upon any instances of unacceptable performance occurring more than one year before the date of such notice.

39)

Section 8.

Unit employees removed or who resign prior to removal under this Article shall, if the employee is entitled to this benefit, be provided with transportation of the employee and the employee’s dependents to the employee’s home of record (HOR) or alternate destination.

40)

Section 9.

The time periods in this Article shall be tolled during all recess periods in excess of four (4) days. In the event of a government furlough/shutdown, the time periods shall be tolled from the start of the furlough/shutdown until five (5) days after the end of the furlough/shutdown to allow for schools and the Employer to return to normal functions. All time periods in this procedure may be extended or curtailed in writing by mutual consent of the parties. Requests for extension of the time periods in the Article shall not be unreasonably withheld.

FEA Article 16 – Use of Official Facilities, U-2

DoDEA Article 16 Use of Official Facilities, M-4

Article 16 Use of Official Facilities

41)

Section 1.

Section 3.

Upon request from the Association, the Employer will make maximum efforts to work with military command at overseas base locations to simplify and ease base access procedures for Association employees and representatives who are not bargaining unit employees to perform representational functions at schools in the Association’s bargaining unit.

The Employer, upon adequate advance notice by the Association, will also procure simplified access and parking for Association employees and representatives who are not bargaining unit employees access to the Mark Center, or any other location at which the Employer shall have its headquarters, to conduct National Level representational functions on behalf of the Association.

Upon advance notice, the Employer shall make every reasonable effort to ensure that Association employees and officials are allowed access to military installations in order to conduct labor- management/Association business consistent with management’s rights such as to determine internal security.

Section 1.

Upon advance notice, the Employer shall make every reasonable effort to ensure that Association employees and officials are allowed access to military installations in order to conduct labor- management/Association business, consistent with management’s rights such as to determine internal security.

42)

Section 1.

The Employer shall provide the Association in each school with a mailbox, where available, and/or a distribution box identified for the exclusive use of the Association. Mail received at the school specifically addressed to the Association shall be deposited in the appropriate box. The Employer will lend assistance to the Faculty Representative Spokesperson (FRS) in acquiring an Association mailbox at the installation military post office, if available.

Section 2.

Section 2.

When use of school facilities, equipment, and/or services not specifically mentioned in this Agreement is generally available for non-agency business by individuals when acting on behalf of non-Federal organizations, use may be provided to the Association when the Employer determines the following conditions are met:

Section 2.

When use of school facilities, equipment, and/or services not specifically mentioned in this Agreement is generally available for non-agency business by individuals when acting on behalf of non-Federal organizations, use may be provided to the Association when the Employer determines the following conditions are met:

The Association, as the certified representative of unit members, shall have exclusive access to school internal distribution boxes for the distribution of Association (Union) literature, except in cases where another labor organization has gained equivalent status.

Literature relating to the internal business of the Association (including the solicitation of membership, elections of Association officials, and collection of dues) shall only be distributed during the time the employee is in a non-duty status.

It is understood that the Employer may distribute information on government-wide health benefit plans.

Section 5.

The Employer shall provide the Association with wall space not to exceed 6' x 8' in a location in the school building convenient to a majority of the unit employees for posting Association material. Such area shall be for the exclusive use of the Association.

Section 6.

Upon request of the Association, the use of school facilities, equipment, and/or services not specifically mentioned in this Agreement shall be subject to consultations at the school level.

The use of such facilities, equipment and/or services shall normally be provided when the Employer determines the following conditions are met:

1. The use of facilities, equipment, and/or services will promote effective Labor-Management dealings;

2. No additional identifiable costs to the Employer will be incurred;

1. the use of facilities, equipment, and/or services will promote effective Labor-Management dealings;

2. no additional identifiable costs to the Employer will be incurred;

A.            the use of facilities, equipment, and/or services will promote effective Labor-Management dealings;

B.            no additional identifiable costs to the Employer will be incurred;

C.            the use of such facilities, equipment, and/or services will not degrade or interfere with the educational process or interfere with the administration of the school office;

D.            the use of such facilities, equipment, and/or services will not violate policies and/or regulations of the host Military Department/Installation, and other applicable regulations of higher authority.

Once approved, the use of such facilities, equipment, and/or services shall be subject to the general control procedures established by the Employer. Violations of such general procedures may cause cancellation/suspension in the use of such facilities, equipment, and/or services.

3. The use of such facilities, equipment, and/or services will not degrade or interfere with the educational process or interfere with the administration of the school office;

4. The use of such facilities, equipment and/or services will not violate policies and/or regulations of the host Military Department/Installation, and other applicable regulations of higher authority.

Once approved, the use of such facilities, equipment and/or services shall be subject to the general control procedures established by the Employer. Violations of such general procedures may cause cancellation/suspension in the use of such facilities, equipment, and or/services.

Section 7.

Association representatives will be authorized to utilize the Employer’s official email system at all levels of the Association in order for the Association to provide representation to bargaining unit educators.

3. the use of such facilities, equipment, and/or services will not degrade or interfere with the educational process or interfere with the administration of the school office;

4. the use of such facilities, equipment, and/or services will not violate policies and/or regulations of the host Military Department/Installation, and other applicable regulations of higher authority.

Once approved, the use of such facilities, equipment, and/or services shall be subject to the general control procedures established by the Employer. Violations of such general procedures may cause cancellation/suspension in the use of such facilities, equipment, and/or services.

43)

Section 4.

When the Employer provides the school supervisor with a reserved parking spot near the school building, the Employer shall ensure that the FRS is provided reserved parking near his/her working area in the same manner as the school supervisor when not prohibited by the Installation Commander.

The Employer shall also work with the military to locate and identify sufficient reserved parking near each school building for unit employees, when not

prohibited by the Installation Commander.

FEA Article 21 – Leave, U-12

DoDEA Article 21 Leave, M-7

Article 21 Leave

44)

Section 1. Definitions/Applications

C. Parental Leave

A unit employee and/or unit employee spouse/parent of a new child, whether by birth, fostering, or adoption, may take leave for the birth/arrival of the child, as well as leave for the purposes of bonding with the new child and providing assistance and support, in order to accomplish the official actions necessary to adopt/foster the child, and for acclimation of the child in his/her new home.

Section 1. Definitions

C. Leave for the Purpose of Paternity.

When the spouse of a unit employee is physically incapacitated by reason of pregnancy or there are complications resulting from the pending arrival or arrival of a new child, said unit employee may be granted educator leave. The unit employee may be required to present documentary evidence from a competent medical authority to establish the need for the leave or said physical incapacitation.

If, in the above situation, the unit employee does not have accrued leave, the unit employee may be granted advanced educator leave or leave without pay (LWOP) upon request.

G. Leave for the Purpose of Adoption.

One or both adoptive parents may be granted LWOP or APL in order to accomplish the official actions necessary to adopt the child and for

acclimation of the adopted child in its new home. Such leave, when both parents are involved, may be concurrent or consecutive.

Section 1. Definitions

C. Leave for the Purpose of Paternity.

When the spouse of a unit employee is physically incapacitated by reason of pregnancy or there are complications resulting from the pending arrival or arrival of a new child, said unit employee may be granted educator leave. The unit employee may be required to present documentary evidence from a competent medical authority to establish the need for the leave or said physical incapacitation.

If, in the above situation, the unit employee does not have accrued leave, the unit employee may be granted advanced educator leave or leave without pay (LWOP) upon request.

G. Leave for the Purpose of Adoption.

One or both adoptive parents may be granted LWOP or APL in order to accomplish the official actions necessary to adopt the child and for

acclimation of the adopted child in its new home. Such leave, when both parents are involved, may be concurrent or consecutive.

G. Bereavement Leave

When a family member (as defined by OPM for bereavement leave) passes away, unit employees and their spouse, if the spouse is also a unit employee, may request to use up to ten days of Educator Leave as bereavement leave. When a unit employee requests more than ten days of bereavement leave, the Employer will review, and may approve the request on a case-by-case basis. If the request for more than ten days is denied, the educator may elect to request APL leave for up to three additional days

J. Family and Medical Leave Act (FMLA)

Unit employees are eligible to request and be granted any leave permitted under the laws and/or regulations of the FMLA. Examples of conditions that may qualify for FMLA include:

J. Family and Medical Leave Act (FMLA).

The FMLA entitles eligible employees to take unpaid leave for specified family and medical reasons, in accordance with Agency regulations. Examples of conditions that may qualify for FMLA include:

1. Recovery from a serious health condition;
2. Providing care for a child, spouse, or parent with a serious medical condition;
3. Bonding with or caring for a new child;
4. Caring for a family member with a military service-connected injury; or

1. Recovery from a serious health condition;
2. Providing care for a child, spouse, or parent with a serious medical condition;
3. Bonding with or caring for a new child;
4. Caring for a family member with a military service-connected injury; or
5. Handling exigent matters related to a family

5. Handling exigent matters related to a

family member’s military service.

member’s military service.

Refer to Section 9 for further information.

45)

Section 2. General Rules and Procedures.

A.        Educator Leave may be used for: maternity purposes, in the event of illness of a unit employee, in the event of illness, death, or contagious disease in the immediate family of the unit employee, in the event of

any personal emergency.

46)

Section 3. School Closures.

When schools close for students due to inclement weather or other emergencies and unit employees are required to report to the work site, a unit employee shall be administratively excused for up to one half (.5) work day when such weather or emergency conditions prevent timely arrival. In determining whether emergency conditions warrant late arrival, the Employer shall consider the efforts made by the unit employee to get to work in a timely manner, taking into account the unit employee’s normal commute and normal modes of transportation used.

Section 3. School Closures

If the Agency closes schools on days that are assigned as work days as a part of the work year due to inclement weather or other emergency, the Agency may extend the work year for an equal number of days without additional compensation to employees.

Section 3. School Closures

If the Agency closes schools on days that are assigned as work days as a part of the work year due to inclement weather or other emergency, the Agency may extend the work year for an equal number of days without additional compensation to employees, consistent with the terms of 1400.13.  Should the school year be extended beyond the 190 duty days, the educator will receive additional compensation pursuant to 1400.13.

47)

Section 9. FMLA

A. Unit employees are Title II employees for FMLA purposes in accordance with 5 U.S.C. 6381- 6387 and

29 CFR Part 825. FMLA allows eligible employees to

Section 9. FMLA

A. FMLA allows eligible employees to take up to twelve (12) work weeks of unpaid leave during any

twelve (12) month period to care for a new child, care

Section 9. FMLA

A. Consistent with the FMLA, eligible employees are allowed to take up to twelve (12) work weeks of unpaid leave during any twelve (12) month period to care for and bond with a new child, care

take up to twelve (12) work weeks of unpaid leave, during any twelve (12) month period to care for, and bond with, a new child, care for a seriously ill family member, or recover from a serious illness.

Additionally, employees may be eligible to take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered service member with a serious injury or illness.

for a seriously ill family member, or recover from a serious illness. Additionally, employees may be eligible to take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered service member with a serious injury or illness.

for a seriously ill family member, or recover from a serious illness. Additionally, employees may be eligible to take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered service member with a serious injury or illness.

FEA Article 25 – Salary Setting Practices, U-3

DoDEA Article 25 Salary Setting Practices, M-1

Article 25 Salary Setting Practices

48)

1. Hours of credit for use in setting unit employee salary or for advancing a unit employee to a higher salary lane are restricted to hours of credit in courses and/or degrees earned from an accredited college or university, as listed in the U.S. Department of Education’s Database of Accredited Postsecondary Institutions and Programs (DAPIP). Any hours of credit earned at a non-accredited institution are acceptable for any hours of credit accepted for further studies or towards a degree at an accredited institution.

2. A unit employee may use any hours of credit or courses accepted by the Employer for certification or recertification purposes for use in setting unit employee salary or for advancing a unit employee to a higher salary lane.

Salary for Teachers shall be in accordance the Department of Defense Education Activity Regulation 1400.13 or successor, when not provided for in law or government-wide regulation.

The Employer has determined that:

1. Pay lane adjustments based upon completion of “degree plus hours” (e.g., BA+15) means graduate semester hours completed after the award of the most recent academic degree.

Salary for Teachers shall be in accordance the Department of Defense Education Activity Regulation 1400.13, when not provided for in law or government-wide regulation.

The Employer has determined that:

1. Pay lane adjustments based upon completion of “degree plus hours” (e.g., BA+15) means graduate semester hours completed after the award of the most recent academic degree.

3. When a unit employee completes the required credit hours to be advanced to a different salary lane on the applicable salary schedule, the request to be advanced to a new salary lane will include documentation from the applicable college or university. The documentation will provide the date the unit employee completed the required course or the date the unit employee met the requirements for a specific degree.

4. The unit employee shall submit a request to the Employer to be advanced to the new salary lane in accordance with the Back Pay Act. Subsequent requests for additional information or documentation from the Employer to the unit employee regarding the request to be advances to a new salary lane will not be a reason to consider the request untimely.

5. The Employer shall process unit employee requests retroactively to the first pay period following the date the education or courses were completed and in accordance with the Back Pay Act. The Employer shall notify the unit employee in writing of precisely

2. Pay lane changes will be retroactive for pay purposes to the beginning of the pay period following award of the degree or completion of coursework, provided the employee submits the request for pay lane change within one hundred and twenty (120) days of award of the degree or completion of the coursework. If the employee does not submit the request for pay lane change and supporting transcript(s) within this time period, the pay lane change  shall  be effective at the beginning of the pay period following submission.

Pay lane changes will be retroactive for pay purposes to the beginning of the pay period following award of the degree or completion of coursework, provided the employee submits the request for pay lane change within one hundred and twenty (120) days of award of the degree or completion of the coursework. If the employee does not submit the request for pay lane change and supporting transcript(s) within this time period, the pay lane change  shall  be effective at the beginning of the pay period following submission.

how many creditable hours that employee has earned for pay purposes.

FEA Article 27 – Extracurricular Duty Activities,

U-5

DoDEA Article 27 Extra Duty Assignments, M-7

49)

Article 27 – Extracurricular Duty Activities,

Article 27 Extra Duty Assignments

Article 27 Extra Duty Assignments

50)

Section 2.

D. The Employer will make every reasonable effort to assign EDAs to the most qualified applicant within the bargaining unit at the school based on their skills and experience relative to the duties and responsibilities for the EDA and has the authority to determine and select the most qualified, eligible candidate from the applicant pool.

Section 2.

C. The Employer will make a reasonable effort to assign EDAs to the most qualified applicant based on their skills and experience relative to the duties and responsibilities for the EDA and has the authority to determine and select the most qualified, eligible candidate from the applicant pool.

Section 2.

C. The Employer will make a reasonable effort to assign EDAs to the most qualified applicant based on their skills and experience relative to the duties and responsibilities for the EDA and has the authority to determine and select the most qualified, eligible candidate from the applicant pool.

51)

Section 4.

A. Hours satisfying the requirements of the EDA will include all time spent outside of the normal duty day in practice, games, travel, and

all time supervising or being responsible for the students while performing the EDA.

For safety, health and security reasons, when the only available facilities for EDAs involve sleeping on floors and/or in classrooms, the participants may opt to use funds raised in conjunction with the EDA and/or funds provided by a support organization, such as a booster club, to procure alternate lodging for the students. Wherever the lodging is procured, the EDA sponsor will billet where the students are and pay for their own costs, and will subsequently be reimbursed by the Employer for these lodging costs.

52)

Extra Duty Assignment Contract Form

Extra Duty Assignment Contract Form

FEA Article 35 – Tour of Duty, U-2

DoDEA Article 35 Tour Lengths and Tours of

Duty, M-3

53)

Article 35 – Tour of Duty

Article 35 Tour Lengths and Tours of Duty

Article 35 Tour of Duty

54)

Section 1.

The tour of duty for unit employees in effect as of April 1, 2019 shall remain in effect for the duration of this Agreement unless mutually agreed otherwise at the National level.

Section 2.

In the Association’s bargaining unit, as of April 1, 2019, the following locations are one (1) year areas: Cuba, Japan (Misawa, Okinawa), and Korea. The other duty stations in the bargaining unit are all two

(2) year areas.

Tour lengths and tours of duty for unit employees shall be as specified in the Joint Travel Regulations for Civilian Employees on Standard Tours of Duty. As determined by DoDEA, exceptions may be made for specific locations for a shorter period of initial service agreement and renewal agreement.

Tours of duty for unit employees shall be as specified in the DODEA 1400.13, Section 4.7 (effective March 1,2006). 

FEA Article 44 – Dues Withholding Agreement,

U-2

DoDEA Article 44 Dues-Withholding Agreement,

M-2

Article 44 Dues-Withholding Agreement

55)

Section 2.

Allotments shall be effective on the second complete bi-weekly pay period in October of each school year. The amount of such allotments shall be the designated dues identified on each Standard Form 1187 initiated by a unit employee divided by 10 full pay periods unless mutually agreed otherwise between the parties..

Section 2.

Allotments shall be effective on the second complete bi-weekly pay period after receipt of the Standard Form (SF) 1187, Request for Payroll Deductions for Labor Organization Dues, by the Employer. The amount of such allotments shall be the designated dues identified on each SF 1187 initiated by a unit employee and certified by the Association.

Section 2.

Allotments shall be effective on the second complete bi-weekly pay period after receipt of the Standard Form (SF) 1187, Request for Payroll Deductions for Labor Organization Dues, by the Employer. The amount of such allotments shall be the designated dues identified on each SF 1187 initiated by a unit employee and certified by the Association.

Section 3.

Unit members who enter the dues-withholding agreement at a time when less than 12 full pay periods remain in the school year shall have their dues prorated over the remaining full pay periods within the dues-withholding period.

56)

Section 4.

SF 1187 forms which are in effect on the date of this Agreement shall continue in force under this Article. Therefore, for those unit employers who have already authorized dues withholding under current negotiated Dues-Withholding Agreements, SF 1187 forms need

not be re-executed.

57)

Section 3.

During any pay period in which there are insufficient funds in an employee’s paycheck to cover dues withholding, no withholding will be deducted for that pay period.

Employees temporarily assigned to a position not included in the bargaining unit will not have dues withheld during that time and will have an automatic resumption of the dues withholding upon return to the

bargaining unit.

Section 3.

During any pay period in which there are insufficient funds in an employee’s paycheck to cover dues withholding, no withholding will be deducted for that pay period.

Employees temporarily assigned to a position not included in the bargaining unit will not have dues withheld during that time and will have an automatic resumption of the dues withholding upon return to the

bargaining unit.

58)

Section 6.

The appropriate finance office will notify the Association in writing of any requests which are not honored. A remittance will be prepared by the appropriate finance office at the close of each pay period for which deductions are made. These will be forwarded on the same pay schedule as for unit employees after the close of each pay period. The remittances will be sent to the appropriate Association account. Each remittance will be accompanied by a listing of names and amounts withheld. The list will also include the names of employees whose allotments have been temporarily or permanently stopped and the reasons therefore.

Section 5.

The appropriate finance office will notify the Association in writing of any requests which are not honored. A remittance will be prepared by the appropriate finance office at the close of each pay period for which deductions are made. These will be forwarded on the same pay schedule as for unit employees after the close of each pay period. The remittances will be sent to the appropriate Association account and the Association shall be responsible for forwarding appropriate amounts to any local entities. Each remittance will be accompanied by a listing of names and amounts withheld. The list will also include the names of employees whose allotments have been temporarily or permanently stopped and the reasons

therefore.

Section 5.

The appropriate finance office will notify the Association in writing of any requests which are not honored. A remittance will be prepared by the appropriate finance office at the close of each pay period for which deductions are made. These will be forwarded on the same pay schedule as for unit employees after the close of each pay period. The remittances will be sent to the appropriate Association account and the Association shall be responsible for forwarding appropriate amounts to any local entities. Each remittance will be accompanied by a listing of names and amounts withheld. The list will also include the names of employees whose allotments have been temporarily or permanently stopped and the reasons

therefore.

59)

Section 6.

An employee may voluntarily revoke an allotment for the payment of dues by completing a SF 1188, Cancellation of Payroll Deductions for Labor Organization Dues, using one of the following procedures:

a. Employee Member Longer Than One Year

Section 6.

An employee may voluntarily revoke an allotment for the payment of dues by completing a SF 1188, Cancellation of Payroll Deductions for Labor Organization Dues, using one of the following procedures:

a. Employee Member Longer Than One Year

An employee who has been an Association member for more than one year may terminate his/her membership by giving written notice via a properly filled out SF 1188 at any time. Dues cancellations will become effective at the beginning of the second full pay period after receipt by the Employer.

b. Employee Member Less Than One Year

An employee who has been a member of the Association for less than one year may request to terminate his/her membership during the first year by signed written notice via a properly filled out SF 1188 at least two pay periods prior to the employee’s first anniversary date of joining the Association. Such timely received notice will become effective on the day prior to the employee’s one-year anniversary date of joining in order to prevent the employee from being

a member for more than one year.

An employee who has been an Association member for more than one year may terminate his/her membership by giving written notice via a properly filled out SF 1188 at any time. Dues cancellations will become effective at the beginning of the second full pay period after receipt by the Employer.

b. Employee Member Less Than One Year

An employee who has been a member of the Association for less than one year may request to terminate his/her membership during the first year by signed written notice via a properly filled out SF 1188 at least two pay periods prior to the employee’s first anniversary date of joining the Association. Such timely received notice will become effective on the day prior to the employee’s one-year anniversary date of joining in order to prevent the employee from being

a member for more than one year.

60)

Section 7.

Dues allotment will be terminated:

1. At the end of the pay period during which an employee member is separated, or permanently assigned to a position not included in the bargaining unit;

2. At the end of the pay period during which Management receives a notice from the Association President that an employee member has ceased to be a member in good standing;

3. In accordance with Section 6 above; or

Section 7.

Dues allotment will be terminated:

a.           At the end of the pay period during which an employee member is separated, or permanently assigned to a position not included in the bargaining unit;

b.           At the end of the pay period during which Management receives a notice from the Association President that an employee member has ceased to be a member in good standing;

c.           In accordance with Section 6 above; or

At the beginning of the first full pay period following receipt of notice that exclusive recognition has been withdrawn.

At the beginning of the first full pay period following receipt of notice that exclusive recognition has been withdrawn.

61)

Section 7.

DoDEA shall make the Association whole for any dues lost through the dues-withholding process due to government error, as provided for by law.

Exceptions to this Article may be negotiated at the regional or appropriate local level.

Section 8.

DoDEA shall make the Association whole for any dues lost through the dues-withholding process due to government error, as provided for by law. However, the Agency retains the right to collect the full correct dues from employees. The Agency may also collect from the Association any overpayment of dues.

Section 8.

DoDEA shall make the Association whole for any dues lost through the dues-withholding process due to government error, as provided for by law. However, the Agency retains the right to collect the full correct dues from employees, as provided by law. The Agency may also collect from the Association any overpayment of dues, as provided by law.

FEA Article 45 – Debt Collection Act Procedures,

U-2

DoDEA Article 45 Debt Collection, M-1

62)

Article 45 – Debt Collection Act Procedures

Article 45 Debt Collection

Article 45 Debt Collection

63)

Section 1.

Unit employees shall be entitled to an oral hearing, which shall include the right to present evidence, including witnesses and documents. Further, unit employees shall have the right of reasonable pre- hearing discovery and the opportunity to question material government witnesses concerning their calculations and conclusions of indebtedness.

Section 1.

All debts owed to DoDEA shall be collected consistent with current debt collection laws and regulations.

Section 1.

All debts owed to DoDEA shall be collected and appealed consistent with current debt collection laws and regulations, and this Agreement.

64)

Section 2.

The timely filing of a petition for hearing shall stay the commencement of collection proceedings pending decision of the hearing officer.

Section 2.

All appeals of and/or challenges to the government’s collection of employees’ debts to DoD shall be pursued solely through the appropriate processes provided by current debt collection laws and regulations. Debt collection disputes are not grievable under this Agreement.

65)

Section 3.

The unit employee may exercise whatever rights to review a decision of the hearing officer he or she may have under law. If the unit employee elects to grieve the decision of the hearing officer, such grievance must be filed at the regional level by the affected unit employee within fifteen (15) school days after receipt of the hearing officer's decision. The unit employee shall be authorized interest on all monies improperly

withheld as provided for by law.

Section 3.

The unit employee may exercise whatever rights to review a decision of the hearing officer he or she may have under law. The unit employee shall be authorized interest on all monies improperly withheld as provided for by law.

66)

Section 4.

In the event the Agency violates the Debt Collection Act or the provisions of this Article, a grievance may immediately be filed. It is understood that this Article applies only to debts owed by unit employees within the Department of Defense and does not apply to debts owed to other Federal agencies.

Section 4.

It is understood that this Article applies only to debts owed by unit employees within the Department of Defense and does not apply to debts owed to other Federal agencies.

FEA Article 46 – Unit Employee Workday, U-4

DoDEA Article 46 Unit Employee Workday, M-4

Article 46 Unit Employee Workday

67)

Section 1. Workday

Section 1. Workday.

A. The Employer has determined the workday for full-time bargaining unit employees shall consist of eight (8) hours. Employees must be physically present at the worksite for the eight (8) hour workday (workday excludes the 30-minute non- paid duty-free lunch period, eight and one-half (8

½) hours total with workday and 30 minute duty- free lunch period). Unit employees may leave the worksite without obtaining permission during their non-paid, duty-free lunch period.

PANEL DECLINED TO ASSERT JURISDICTION

The existing work day for unit employees shall commence not more than twenty (20) minutes before and terminate not more than thirty (30) minutes after

the instructional day. Prior to changing the normal

work day, the parties will negotiate the change to completion.

The normal unit employee work day, including the twenty (20) minutes before and not more than thirty

(30) minutes after the instructional day, shall not exceed seven (7) hours. All assigned duties beyond the normal workday shall be compensated in accordance with and as required by Article 58, Sections 1 and 2.

2. The Employer has determined the workday for part-time unit employees shall be four (4) hours per day, if scheduled for a lunch period, they will receive a 30-minute non-paid, duty-free lunch period.

3. In addition to the workday, in order to provide the highest quality educational programs practicable, unit employees will be required to be on-site outside those hours at times designated by the Employer to participate in, for example, Open House, parent- teacher conferences, public performances by students of plays, concerts, athletic events, other extra- curricular activities, etc. without additional compensation. Administrators should normally provide as much advanced notice as possible of the events scheduled.

4. Unit employees are responsible for participation in parent/student conferences and will remain at the worksite to complete such conferences which commence prior to the end of the workday. This requirement pertains to conferences mutually scheduled between a unit member(s) and parent(s)/guardian(s).

B.            The Employer has determined the workday for part-time unit employees shall be four (4) hours per day.  If scheduled for a lunch period, they will receive a 30-minute non-paid, duty-free lunch period.

C.            In addition to the workday, in order to provide the highest quality educational programs practicable, unit employees will be required to be on-site outside those hours at times designated by the Employer to participate in, for example, Open House, parent- teacher conferences, public performances by students of plays, concerts, athletic events, other extra- curricular activities, etc.. Administrators should normally provide as much advanced notice as possible of the events scheduled.

D.            Unit employees are responsible for participation in parent/student conferences and will remain at the worksite to complete such conferences which commence prior to the end of the workday. This requirement pertains to conferences mutually scheduled between a unit member(s) and parent(s)/guardian(s).

E. Prior to changing the normal workday, the Employer shall afford the Association the opportunity to negotiate the Impact and Implementation of the decision in accordance with Article 7.

68)

Section 2. Preparation

B. The Employer shall make reasonable efforts to provide a reasonable amount of preparation time for each unit employee during the employee's work day.

For Elementary School unit employees, a reasonable amount of time is approximately 225 minutes each week during the school year. For Secondary school unit employees, a reasonable amount of time is approximately two (2) periods in a cycle of seven (7) instructional periods, or the equivalent thereof, which will be built into the master schedule.

Section 2. Preparation.

B. The Employer shall make reasonable efforts to provide a reasonable amount of preparation time for each unit employee during the employee's work day.

Section 2. Preparation.

B. The Employer shall make reasonable efforts to provide a reasonable amount of preparation time for each unit employee during the employee's work day.

69)

Section 4. Scheduling.

1. It is understood that Management retains the right to assign duties.

2. The Employer retains sole discretion in determining the length of class periods, including the flexibility to adjust (increase or decrease) the length of class periods within the instructional day. If the Employer

changes either of the current schedules (block

schedule or 7-period), the Employer shall afford the Association the opportunity to negotiate the Impact

and Implementation of the decision in accordance with Article 7.

70)

Section 5. Coverage for Unit Members During Absences

The Parties agree that when unit employees are absent from duty, the use of substitutes may be appropriate to help ensure that unit employees' duties are carried out. If a bargaining unit employee is used to cover another educator’s class or duty, resulting in loss of scheduled preparation time or otherwise causing additional work beyond the work day on a regular basis, whether for an individual or group of unit employees, then impact bargaining may be proposed by the Association at any time at the appropriate level.

71)

Section 5. Class Size.

It is understood, that the Agency retains the right to determine class size and that increases or decreases in class size does not constitute a change in conditions of employment requiring negotiation under the provisions of Chapter 71 of Title 5, United States Code. The Parties recognize the importance of working toward nationally recognized standards for class sizes and that the achievement of those standards is a worthwhile goal.

FEA Article 47 – Housing and Overseas

Allowances, U-5

DoDEA Article 47 Housing and Overseas

Allowances, M-5

Article 47 Housing and Overseas

Allowances

72)

Section 1.

A. The Employer shall make every effort to ensure that adequate housing, commissary, exchange,

Section 1.

A. The Employer shall make every effort to ensure that adequate housing, commissary, exchange,

Section 1.

A.The Employer shall make every effort to ensure that adequate housing, commissary, exchange,

laundry, and other essential facilities and services are available for unit employees if otherwise eligible.

B. All overseas allowances will be in accordance with law, government-wide regulations, and DoD regulations unless modified by this Agreement.

laundry, and other essential facilities and services are available for unit employees if otherwise eligible.

B. Unless modified by this Agreement, all overseas allowances will be in accordance with DoD regulations.

laundry, and other essential facilities and services are available for unit employees if otherwise eligible.

B. All overseas allowances will be in accordance with existing law, government-wide regulations, and DoD regulations, unless modified by this Agreement.

73)

Section 2.

1. When a unit employee is assigned to a new duty station, the Employer shall provide the contact information for the housing office servicing the new duty station. Employees shall utilize the local housing office to coordinate such Government and/or economy housing unless there is no housing office serving their new duty station or this requirement is waived by the Employer.

2. Each unit employee who is performing services as a teacher at the close of a school year and agrees in writing to serve as a unit employee for the next school year may be authorized if eligible, for the recess period immediately preceding such next school year, quarters, quarters allowance or in lieu of such quarters or quarters allowance, storage of household goods. If the unit employee does not report at the beginning of the next school year he/she shall, except for reasons beyond his/her control and acceptable to the Employer, be obligated to the United States in an amount equal to any quarters, quarters allowance or in lieu of such quarters or quarters allowance, storage of household goods which he/she may have received.

Section 2.

1. When a unit employee is assigned to a new duty station, the Employer shall provide, upon request, the contact information for the housing office servicing the new duty station. Employees shall utilize the local housing office to coordinate such Government and/or economy housing unless there is no housing office servicing their new duty station or this requirement is waived by the Employer.

2. Each unit employee who is performing services as a teacher at the close of a school year and agrees in writing to serve as a unit employee for the next school year may be authorized if eligible, for the recess period immediately preceding such next school year, quarters, quarters allowance or in lieu of such quarters or quarters allowance, storage of household goods. If the unit employee does not report at the beginning of the next school year he/she shall, except for reasons beyond his/her control and acceptable to the Employer, be obligated to the United States in an amount equal to any quarters, quarters allowance or in lieu of such quarters or quarters allowance, storage of household goods which he/she may have received.

Section 2.

A.          When a unit employee is assigned to a new duty station, the Employer shall provide the contact information for the housing office servicing the new duty station. Employees shall utilize the local housing office to coordinate such Government and/or economy housing unless there is no housing office servicing their new duty station or this requirement is waived by the Employer.

B.          Each unit employee who is performing services as a teacher at the close of a school year and agrees in writing to serve as a unit employee for the next school year may be authorized if eligible, for the recess period immediately preceding such next school year, quarters, quarters allowance or in lieu of such quarters or quarters allowance, storage of household goods. If the unit employee does not report at the beginning of the next school year he/she shall, except for reasons beyond his/her control and acceptable to the Employer, be obligated to the United States in an amount equal to any quarters, quarters allowance or in lieu of such quarters or quarters allowance, storage of household goods which he/she may have received.

3. If assigned housing at Government expense, a unit employee required to vacate the housing shall be eligible to reapply, in accordance with rules and regulations established by appropriate housing officials. Employees who desire housing that is appropriate for employees or dependent medical needs or equipment, have a large number of dependents, or other documented needs of the employee(s) or their dependents may request assistance from the Employer.

4. Unit employees who live in Government housing and are directed by the Government to move to economy housing, if eligible, shall have their moving expenses paid by the Government. Unit employees who live in economy housing and are directed by the Government to move to Government housing shall have their moving expenses paid by the Government in accordance with regulations.

5. When a unit employee who is approved housing at Government expense is required to pay fees for the maintenance of common areas, such fees shall be reimbursed to the unit employee in accordance with regulations.

6. When a unit employee who is approved housing at Government expense is required to pay fees (absent other options) for the care or cleaning of the assigned housing, such fees shall be reimbursed to the unit employee in accordance with regulations.

3. If assigned housing at Government expense, a unit employee required to vacate the housing shall be eligible to reapply in accordance with rules and regulations established by appropriate housing officials. Employees who desire housing that is appropriate for employee or dependent medical needs or equipment, have a large number of dependents, or other documented needs of the employee(s) or their dependents may request assistance from the Employer.

4. Unit employees who live in Government housing and are directed by the Government to move to economy housing shall, if eligible, have their moving expenses paid by the Government in accordance with DoD regulations. Unit employees who live in economy housing and are directed by the Government to move to Government housing shall have their moving expenses paid by the Government in accordance with DoD regulations.

5. When a unit employee who is approved housing at Government expense is required to pay fees for the maintenance of common areas, such fees shall be reimbursed to the unit employee in accordance with DoD regulations.

6. When a unit employee who is approved housing at Government expense is required to pay fees (absent other options) for the care or cleaning of the assigned housing, such fees shall be reimbursed to the unit employee in accordance with DoD regulations.

C. If assigned housing at Government expense, a unit employee required to vacate the housing shall be eligible to reapply, in accordance with rules and regulations established by appropriate housing officials. Employees who desire housing that is appropriate for the employee or dependent medical needs or equipment, have a large number of dependents, or other documented needs of the employee(s) or their dependents may request assistance from the Employer.

D. Unit employees who live in Government housing and are directed by the Government to move to economy housing, if eligible, shall have their moving expenses paid by the Government. Unit employees who live in economy housing and are directed by the Government to move to Government housing shall have their moving expenses paid by the Government in accordance with regulations.

E. When a unit employee who is approved housing at Government expense is required to pay fees for the maintenance of common areas, such fees shall be reimbursed to the unit employee in accordance with regulations.

F. When a unit employee who is approved housing at Government expense is required to pay fees (absent other options) for the care or cleaning of the assigned housing, such fees shall be reimbursed to the unit employee in accordance with regulations.

74)

Section 3.

A. The Employer shall provide a unit employee is approved housing at Government expense either housing which meets the minimum standards of

Section 3.

A. The Employer shall provide a unit employee who is approved housing at Government expense either housing which meets the minimum standards of

Section 3.

A. The Employer shall provide a unit employee who is approved housing at Government expense either housing which meets the minimum standards of

adequacy established by appropriate military departments or, when such housing is not available, an LQA. After the prescribed period permitted by the regulations has elapsed and the employee has not obtained permanent quarters, the employee draws an LQA up to the maximum LQA for the post, pursuant to DSSR 121.

2. Management may, at its election, exercise its discretion to grant a waiver of LQA to a spouse for a period determined by Management if the sponsoring spouse retires. Such a waiver, if granted, will be limited to a dependent spouse who will be eligible for immediate retirement (without reduced benefit) within seven (7) years or less from the date the waiver becomes effective. Further, the dependent spouse will be eligible for separation travel only and must submit a stop LQA payment upon the date the dependent spouse becomes eligible for immediate retirement.

3. If two or more unit employees at a post are eligible for LQA and decide to share the costs as the basis for each receiving LQA, each unit employee shall their individual allowable costs under regulations. No more than one may receive the "with family" rate, if married.

adequacy established by appropriate military departments or, when such housing is not available, a living quarters allowance (LQA) in accordance with DoD regulations. After the prescribed period permitted by DoD regulations has elapsed and the employee has not obtained permanent quarters, the employee will draw a quarters allowance only if required by DoD regulations.

2. Management may, at its election, exercise its discretion to grant a waiver of LQA to a spouse for a period determined by Management if the sponsoring spouse retires. Such a waiver, if granted, will be limited to a dependent spouse who will be eligible to retire within seven (7) years or less from the date the waiver becomes effective. Further, the dependent spouse will be eligible for separation travel only and must submit a stop LQA payment upon his/her retirement eligibility date.

3. If two or more unit employees at a post are eligible for LQA and decide to share the costs as the basis for each receiving LQA, each unit employee shall receive their individual allowable costs under DoD regulations. No more than one may receive the "with family" rate, if married.

adequacy established by appropriate military departments or, when such housing is not available, a living quarters allowance (LQA) in accordance with DoD regulations. After the prescribed period permitted by DoD regulations has elapsed and the employee has not obtained permanent quarters, the employee will draw a quarters allowance only if required by DoD reg

B.          AS AGREED TO BY THE PARTIES

C.          If two or more unit employees at a post are eligible for LQA and decide to share the costs as the basis for each receiving LQA, each unit employee shall receive their individual allowable costs under DoD regulations. No more than one may receive the "with family" rate, if married.

D. A unit employee eligible for LQA who is married to, and residing at the post with, a member of the military service of the United States may be granted the "without family" rate in accordance with regulations. If the spouse in the military draws no rent

allowance, the employee may be granted the "with family" rate in accordance with regulations.

D. A unit employee eligible for LQA who is married to, and residing at the post with, a member of the military service of the United States may be granted the "without family" rate in accordance with DoD regulations. If the spouse in the military draws no rent

allowance, the employee may be granted the "with family" rate in accordance with DoD regulations.

D. A unit employee eligible for LQA who is married to, and residing at the post with, a member of the military service of the United States may be granted the "without family" rate in accordance with DoD regulations. If the spouse in the military draws no rent

allowance, the employee may be granted the "with family" rate in accordance with DoD regulations.

75)

Section 4.

1. Employees who own, or are under contract to purchase, a personally owned quarters (POQ) in which LQA monies were/are used, may not be paid quarters allowances under a rental contract if the POQ is within the employees’ local commuting area.

2. If a unit employee sells his/her POQ for which he/she received LQA for any amount of time, LQA for rental quarters in the same local commuting area will be authorized for a period of 10 (ten) years. The ten

(10) year time period begins from the initial LQA payment for POQ. At the end of the 10 (ten) year period, these employees will only be entitled to the utilities portion of LQA.

Section 4.

1. Employees who own or are purchasing personally owned quarters (POQ), in which LQA monies were/are used, may not be paid LQA for leased quarters if the POQ is within the employees’ local commuting area.

2. For employees who receive LQA for POQ for any period of time and remain in the same local commuting area, the rental portion of LQA (monies used toward the purchase of POQ or for leased quarters) shall terminate after ten (10) years. The ten

(10) year time period begins from the initial LQA payment for POQ. Only the utility portion of LQA may be paid after that time.

Section 4.

A.          Employees who own or are purchasing personally owned quarters (POQ), in which LQA monies were/are used, may not be paid LQA for leased quarters if the POQ is within the employees’ local commuting area.

B.          For employees who receive LQA for POQ for any period of time and remain in the same local commuting area, the rental portion of LQA (monies used toward the purchase of POQ or for leased quarters) shall terminate after ten (10) years. The ten

(10) year time period begins from the initial LQA payment for POQ. Only the utility portion of LQA may be paid after that time.

C. Notwithstanding Section 4A, employees who own/owned a POQ in their local commuting area will be granted a one (1) year grace period from the effective date of this Agreement to either: 1) continue to own their POQ and receive LQA in accordance with section 4B, or 2) sell their POQ and receive LQA for rental expenses without the 10 (ten) year limitation in Section 4B. These employees will not be able to purchase an additional POQ with LQA funds in the local commuting area.

C. Employees who received the rental portion of LQA for any amount of time for a POQ, that sell, transfer or exchange their POQ prior to the completion of the ten

(10) year LQA period and lease back those same quarters or move into different quarters in the same local commuting area, may only be authorized the rental portion of LQA for up to the remainder of the ten (10) year period. Only the utility portion of LQA may be paid after that time.

D. Employees who have received LQA for POQ for ten (10) years from the initial date of POQ purchase in their local commuting area and are currently receiving the rental portion of LQA will be granted a one (1) year grace period of the rental portion of LQA from the effective date of this Agreement. At the end of the one (1) year grace period these employees will only be

C. Employees who received the rental portion of LQA for any amount of time for a POQ, that sell, transfer or exchange their POQ prior to the completion of the ten

(10) year LQA period and lease back those same quarters or move into different quarters in the same local commuting area, may only be authorized the rental portion of LQA for up to the remainder of the ten (10) year period. Only the utility portion of LQA may be paid after that time.

D. Employees who have received LQA for POQ for ten (10) years from the initial date of POQ purchase in their local commuting area and are currently receiving the rental portion of LQA will be granted a one (1) year grace period of the rental portion of LQA from the effective date of this Agreement. At the end of the one (1) year grace period these employees will only be entitled to the utilities portion of LQA.

entitled to the utilities portion of LQA.

E. All LQA matters for unit employees not specifically altered by this Agreement shall be brought into conformance with DoD regulations within thirty (30) days after the effective date of this Agreement.

76)

Section 5.

1. All unit employees, otherwise eligible, shall be authorized the maximum weight allowance permitted by law and government-wide regulations for the shipment of household and professional goods during movement under Permanent Change of Station Orders.

2. All unit employees, otherwise eligible, shall be authorized the maximum weight allowance permitted by law and government-wide regulations for the shipment of household goods (HHG) and professional goods during movement under Renewal Agreement Travel (RAT) Orders.

3. To the extent required by regulations, all bargaining unit employees may, upon reassignment, move their household goods to the new duty station or into storage.

4. In accordance with 20 U.S.C. 905, a unit employee must report for service at the beginning of the next school year. If a unit employee does not report at the beginning of the next school year, he/she shall, except

for reasons beyond his/her control and acceptable to

Section 5.

1. All unit employees, otherwise eligible, shall be authorized the maximum weight allowance permitted by law and government-wide and DoD regulations for the shipment of household and professional goods during movement under Permanent Change of Station Orders.

2. All unit employees, otherwise eligible, shall be authorized the maximum weight allowance permitted by law and Government-wide and DoD regulations for the shipment of household goods and professional goods during movement under Renewal Agreement Travel Orders.

3. To the extent required by DoD regulations, all bargaining unit employees may, upon reassignment, move their household goods to the new duty station or into storage.

4. In accordance with 20 U.S.C. 905, a unit employee must report for service at the beginning of the next school year. If a unit employee does not report at the beginning of the next school year

he/she shall, except for reasons beyond his/her

Section 5.

A.          All unit employees, otherwise eligible, shall be authorized the maximum weight allowance permitted by law and government-wide and DoD regulations for the shipment of household and professional goods during movement under Permanent Change of Station Orders.

B.          All unit employees, otherwise eligible, shall be authorized the maximum weight allowance permitted by law and Government-wide and DoD regulations for the shipment of household goods and professional goods during movement under Renewal Agreement Travel Orders.

C.          To the extent required by DoD regulations, all bargaining unit employees may, upon reassignment, move their household goods to the new duty station or into storage.

D.          In accordance with 20 U.S.C. 905, a unit employee must report for service at the beginning of the next school year. If a unit employee does not report at the beginning of the next school year

he/she shall, except for reasons beyond his/her

the Employer, be obligated to the United States in an amount equal to any quarters allowance or storage which he/she may have received under 20 U.S.C. 905.

control and acceptable to the Employer, be obligated to the United States in an amount equal to

any quarters allowance or storage which he/she may have received under 20 U.S.C. 905.

control and acceptable to the Employer, be obligated to the United States in an amount equal to

any quarters allowance or storage which he/she may have received under 20 U.S.C. 905.

77)

Section 6.

As defined in the Department of State Standardized Regulations (DSSR), "Family" means one or more of the following relatives of a unit employee residing at his/her post, or who would normally reside with him/her at the post except for the existence of circumstances warranting the grant of a separate maintenance allowance, but who does not receive from the Government an allowance similar to that granted to the unit employee and who is not deemed to be a dependent of a member of the family of another unit employee for purpose of determining the amount of a similar allowance:

1. Spouse, excluding a spouse entitled to and receiving a similar allowance;

2. Children who are unmarried and under 21 years of age or, regardless of age, are incapable of self-support. The term shall include, in addition to natural offspring, step and adopted children and those under legal guardianship of the employee or the spouse when such children are expected to be under such legal guardianship at least until they reach 21 years of age and when dependent upon and normally residing with the guardian;

3. Parents (including step and legally adoptive parents) of the unit employee or of the spouse, when such parents are at least 51 percent dependent on the employee for support:

Section 6.

As defined in the Department of State Standardized Regulations, "Family" means one or more of the following relatives of a unit employee residing at his/her post, or who would normally reside with him/her at the post except for the existence of circumstances warranting the grant of a separate maintenance allowance, but who does not receive from the Government an allowance similar to that granted to the unit employee and who is not deemed to be a dependent of a member of the family of another unit employee for purpose of determining the amount of a similar allowance:

1. Spouse, excluding a spouse entitled to and receiving a similar allowance;

2. Children who are unmarried and under 21 years of age or, regardless of age, are incapable of self-support. The term shall include, in addition to natural offspring, step and adopted children and those under legal guardianship of the employee or the spouse when such children are expected to be under such legal guardianship at least until they reach 21 years of age and when dependent upon and normally residing with the guardian;

3. Parents (including step and legally adoptive parents) of the unit employee or of the spouse, when such parents are at least 51 percent dependent on the employee for

support:

Section 6.

PARTIES HAVE REACHED AGREEMENT

4. Sisters and brothers (including step or adoptive sisters, or step or adoptive brothers) of the unit employee or of the spouse, when such sisters and brothers are at least 51 percent dependent on the employee for support, unmarried and under 21 years of age or, regardless of age, are incapable of self-support;

5. When determined by the Head of Agency to be in the interest of the Government, a father, mother, brother, sister, son or daughter, regardless of age or dependency, who acts as the official hostess or equivalent for a unit employee who has no spouse residing with him or her at the post.

4. Sisters and brothers (including step or adoptive sisters, or step or adoptive brothers) of the unit employee or of the spouse, when such sisters and brothers are at least 51 percent dependent on the employee for support, unmarried and under 21 years of age or, regardless of age, are incapable of self- support;

5. When determined by the Head of Agency to be in the interest of the Government, a father, mother, brother, sister, son or daughter, regardless of age or dependency, who acts as the official hostess or equivalent for a unit employee who has no spouse residing with him or her at the post.

FEA Article 48 –Travel, U-4

DoDEA Article 48 Travel, M-2

Article 48 Travel

78)

Section 1.

In the event a unit employee is directed to travel in the performance of assigned duties, the Employer shall arrange all commercial air transportation at Government expense, or the unit employee shall be authorized the option of using his/her privately owned vehicle (POV) and shall be reimbursed for travel costs in accordance with government-wide regulations and DoD Regulations.

Section 1.

In the event a unit employee is directed to travel in the performance of assigned duties, the Employer shall arrange all commercial air transportation at Government expense, or the unit employee shall be authorized the option of using his/her privately owned vehicle (POV) and shall be reimbursed for travel costs in accordance with the DoD regulations.

Section 1.

In the event a unit employee is directed to travel in the performance of assigned duties, the Employer shall arrange all commercial air transportation at Government expense, or the unit employee shall be authorized the option of using his/her privately owned vehicle (POV) and shall be reimbursed for travel costs in accordance with the DoD regulations.

79)

Section 2.

The Employer may provide Government transportation and transient Government facilities for unit employee attendance at a meeting of a technical, professional, scientific, or other similar organization for which an employee has been authorized by the

Employer to attend.

Section 2.

The Employer may provide Government transportation and transient Government facilities for unit employee attendance at a meeting of a technical, professional, scientific, or other similar organization for which a unit employee has been authorized by the

Employer to attend in a duty status.

Section 2.

In accordance with DOD regulations, the Employer may provide Government transportation and transient Government facilities for unit employee attendance at a meeting of a technical, professional, scientific, or other similar organization for which an employee has been authorized by the Employer to attend.

80)

Section 8.

During a time when a unit employee requires medical evacuation from his/her duty station in the Association’s bargaining unit, the unit employee shall be entitled to transportation at government expense. The unit employee shall be entitled to transportation including, but not limited to, the following options: Med/Evac Aircraft, MAC Aircraft, Charter Aircraft, Military vehicles other than aircraft.

When the unit employee has recovered and returns to the duty station in the Association’s bargaining unit, the employee shall be entitled to transportation using Space Available (Space A), Category 2, Priority 2 status. The employee shall be entitled to transportation including, but not limited to, the following options: Med/Evac Aircraft, MAC Aircraft.

This is in addition to, and not in lieu of other travel entitlement unit employees are entitled to, such as RAT travel.

Section 3.

During the time when a unit employee requires medical evacuation from his/her duty station, he/she shall be entitled to transportation at government expense only in accordance with DoD regulations.

Section 3.

During the time when a unit employee requires medical evacuation from his/her duty station, he/she shall be entitled to transportation at government expense only in accordance with DoD regulations.

81)

Section 4.

When a unit employee is excused from duty to travel to a point separate from his/her point of work to attend to personal emergencies, said employee shall be authorized travel in accordance with DoD regulations.

Section 4.

When a unit employee is excused from duty to travel to a point separate from his/her point of work to attend to personal emergencies, said employee shall be authorized travel in accordance with DoD regulations.

82)

Section 4.

Unit employees who are eligible for Renewal Agreement Travel (RAT) shall have the option of:

Section 5.

Unit employees who are eligible for Renewal Agreement Travel (RAT) shall not have the option of

Section 5.

Unit employees who are eligible for Renewal Agreement Travel (RAT) shall make his/her own travel arrangements through a Travel Management Company (TMC) service in accordance with regulations.

• Circuitous route travel (unit employee is responsible for making his/her own arrangements and will pay for any and all additional expenses related thereto, if any);
• Delays in route on MAC aircraft or MAC Chartered Aircraft (unit employee is responsible for making his/her own arrangements and will pay for any and all additional expenses related thereto, if any);
• Traveling on MAC Aircraft, MAC Chartered Aircraft, or Commercial carriers (constructive reimbursement in accordance with appropriate regulations);
• Unaccompanied travel for dependents.

Circuitous route travel and shall make his/her own travel arrangements through a Travel Management Company (TMC) service in accordance with regulations.

83)

Section 5.

RAT orders for unit employees will not contain any requirement for employees to use the Commercial Travel Offices (CTO) or any other travel office assigned or designated by the Employer. Employees who do not use the CTO or any other travel office will be reimbursed up to the constructed cost for RAT travel to their home of record, and the employee will be responsible for any and all additional expenses related thereto, if any.

Unit employees may use, but shall not be required to use, the Patriot Express or similar contracted flights for RAT travel.

84)

Section 3.

Unit employees shall be authorized Renewal Agreement Travel (RAT) during summer recess periods upon completion of their prescribed tour of duty under their transportation agreement.

Completion of one hundred seventy-five (175) days in a pay status constitutes a school year for the purposes of RAT.

Section 6.

Unit employees shall be authorized renewal agreement travel (RAT) during summer recess periods upon completion of their prescribed tour of duty under their transportation agreement. Completion of one hundred seventy-five (175) days in a pay status at the OCONUS assigned duty location constitutes a school

year for the purposes of RAT. The 175 day period

Section 6.

Unit employees shall be authorized renewal agreement travel (RAT) during summer recess periods upon completion of their prescribed tour of duty under their transportation agreement. Completion of one hundred seventy-five (175) days in a pay status at the OCONUS assigned duty location constitutes a school year for the purposes of RAT. The 175 day period starts when the employee reports to the OCONUS

duty location.

starts when the employee reports to the OCONUS

duty location.

85)

Section 7.

Unit employees shall be authorized roundtrip transportation (once each year) at government expense for each dependent (prior to age 23) attending an educational institution for higher learning in the United States, in accordance with the DSSR.

Section 7.

Unit employees shall be authorized roundtrip transportation (once each year) at government expense for each dependent (prior to age 23) attending an educational institution for higher learning in the United States, in accordance with the Department of State Standardized Regulations.

PARTIES REACHED AGREEMENT ON AGENCY PROPOSAL

86)

Section 6.

In accordance with the applicable regulations, unit employees shall have the option of taking RAT travel to their home of record (HOR) or an alternate destination.

Section 8.

Travel authorization will be based upon a unit employee's place of actual residence at the time of assignment to OCONUS permanent duty station (PDS) in accordance with the DoD regulations.

Section 8.

In accordance with the DoD regulations, unit employees shall have the option of taking RAT travel to their home of record (HOR) or an alternate destination.

87)

Section 9.

A unit employee, not otherwise eligible for Government travel to his or her home of record in the United States at the close of the school year, will pay the commercial rate to travel by regular commercial carrier to his or her home of record at the close of the school year. The Government shall not be responsible for any payment for such travel.

88)

Section 9.

In addition to, and not in lieu of other travel entitlement unit employees are entitled to, such as RAT travel, employees are entitled to travel to, and be excused from, duty to travel from their duty station to attend to personal emergencies (such as, but not limited to, imminent death or the death of relative(s), disability or hospitalization of relative(s), legal

proceedings, etc.), the unit employee shall be authorized Space Available (Space A), Category 2,

Priority 2 travel through the military transportation systems.

When the unit employee returns to the duty station in the Association’s bargaining unit, the employee shall be entitled to transportation using Space Available (Space A), Category 2 travel through the military transportation systems. This shall be in addition to, and not in lieu of other travel entitlement unit employees are entitled to, such as RAT travel.

89)

Section 10.

In addition to, and not in lieu of other travel entitlement unit employees are entitled to, such as RAT travel, employees are entitled to travel to attend Employer-approved training during recess periods and shall be authorized Space Available (Space A), Category 2 travel through the military transportation systems.

The spouse and/or dependents of the unit employee may use the Space A authority in Section 12 of this Article without being accompanied by the unit employee. The spouse and/or dependents shall retain the Category 2 travel status even if not accompanied by the spouse.

Section 10.

Category 2A Space Available Travel may, at the Employer’s discretion, be authorized for unit employees, if otherwise eligible, to attend Employer- approved training during recess periods in accordance with DoD Regulations.

90)

Section 11.

All travel matters for unit employees not specifically altered by the Agreement will conform to the requirements of the law, government-wide regulations, and DoD regulations.

Section 11.

All travel matters for unit employees not specifically altered by this Agreement will conform to the requirements of DoD regulations.

FEA Article 59 - Duration and Successor

Agreement, U-1

DoDEA Article 53 Duration and Successor

Agreement, M-4

Article XX Duration and Successor

Agreement

91)

Section 1.

This Agreement shall remain in full force and effect for one (1) calendar year from the date of execution. Either party may give written notice to the other not earlier than one hundred and five (105) days or later than sixty (60) days prior to the anniversary date of this Agreement, which is the date the agreement was signed.

If neither party serves notice of its intent to renegotiate this Agreement, the Agreement shall be automatically renewed for one (1) year periods.

Section 1. Effective Date and Duration.

This Agreement shall become effective on the date it is approved by the Agency Head (as provided for in 5

U.S.C. 7114(c)), or (if not approved or disapproved within thirty (30) calendar days from the date of execution) on the thirty-first (31st) day following the date of execution, or as otherwise provided for by law, and shall remain in effect for an initial term of five (5) years following the effective date. This Agreement will be considered executed on the date of signatures by the Parties’ designated signatories.

Section 1. Effective Date and Duration.

This Agreement shall become effective on the date it is approved by the Agency Head (as provided for in 5

U.S.C. 7114(c)), or (if not approved or disapproved within thirty (30) calendar days from the date of execution) on the thirty-first (31st) day following the date of execution, or as otherwise provided for by law, and shall remain in effect for an initial term of five (5) years following the effective date.

92)

Section 2. Renewal.

A. Either Party may provide written notice between March 17th and April 30th of the year of expiration of this Agreement of its desire to engage in bargaining a new (successor) agreement. In the event such notice is submitted, the basic terms and conditions of the Agreement shall remain in effect until that bargaining is concluded and new provisions are executed and approved in accordance with 5 U.S.C. § 7114(c).

Section 2. Renewal.

Either party may give written notice to the other not earlier than one hundred and five (105) days or later than sixty (60) days prior to the anniversary date of this Agreement, which is the date the agreement was signed.

If neither party serves notice of its intent to renegotiate this Agreement, the Agreement shall be automatically renewed for one (1) year periods. However, provisions which conflict with Government-wide law rules, or regulations issued since the Agreement became effective will be terminated upon the anniversary of the Agreement and each one (1) year thereafter.

2. If neither Party files such written notice, the mandatory subjects of bargaining contained in the expired Agreement shall be automatically renewed in one (1) year increments. The nonmandatory subjects of bargaining contained in the expired Agreement will continue until such time as the Party assigned the privilege withdraws its permission to continue to abide by the non-mandatory subject(s) after notice(s) to the other Party. However, provisions which conflict with Government-wide regulations issued since the Agreement became effective will be terminated upon the anniversary of the Agreement and each one (1) year thereafter. If either Party requests to negotiate a new (successor) agreement, the ground rules established in D below shall apply.

3. The Parties may jointly agree to amend provisions of the Agreement through duly executed Memorandums of Agreement.

4. The below ground rules shall be used for bargaining a new (successor) agreement –

Groundrules for negotiating the successor to this CBA:

The parties will adopt the groundrules used to negotiated this CBA, including the provisions agreed to and the provisions imposed on the parties in FSIP Case No.19001, unless they conflict with the terms of this CBA, they are matters where the Panel did not assert jurisdiction, or the parties mutually agree to negotiate new ground rules upon the reopening of the CBA.

1. Negotiations or Collective Bargaining: As defined in Title 5 U.S. Code, Chapter 71, negotiations or collective bargaining is the performance of the mutual obligations of the representatives of an agency and the exclusive representative of employees in an appropriate unit in that agency to meet at reasonable times and to consult and bargain in a good faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either Party, a written document incorporating any collective bargaining agreement reached. The obligation referred to in this paragraph does not compel either Party to agree to a proposal or to make a concession.

2. The Negotiated Agreement: In accordance with the current Agreement between the Parties, the mandatory terms and conditions of the Agreement shall remain in effect until that bargaining is concluded and new provisions are executed and approved in accordance with 5 U.S.C. § 7114(c).

3. Size of Negotiation Teams: The Parties will determine the size of their respective bargaining teams. DoDEA and the Association will identify a point-of-contact (POC) to answer questions and address administrative or logistical matters by no later than thirty (30) days prior to the first day of the bargaining schedule in Provision 17 below. In the event that either Party must change their designated POC during any part of the negotiations, the other Party must be notified in writing. DoDEA will approve official time for up to six (6) bargaining unit team members to participate in accordance with the specific grants

of official time provided in Provisions 12 and 17

below.

The Parties will exchange the names of their respective bargaining teams no later than thirty

(30) days prior to the first day of the Provision 17 bargaining schedule.

Neither Party is required to have a specific number of representatives present at any given bargaining session, if one Party has more people present than the other on any given day, this does not require that the other Party have an equal number of representatives present that day.

Each Party may change members of its negotiating team. For bargaining unit employees designated as Association bargaining team members, the Association will give DoDEA’s designated POC at least two (2) weeks advance notice to allow for arrangements to be made for substitute teachers by Management and the development of lesson plans by the bargaining unit employee designated to the negotiating team.

4. Observers: Upon prior notice to the other Party, either Party may bring one (1) observer to attend the negotiations at their own expense.

5. Experts: Either Party, at their own expense, may bring a subject matter expert to the negotiations to present on an issue within his/her area of expertise that is being negotiated. The Association may request that a bargaining unit employee who has not been designated as a member of the bargaining team, but is a subject

matter expert in an issue being negotiated between

the Parties, be provided with official time, and participate in the negotiations via Video Teleconference (VTC) or other appropriate means, over the subjects that they are an expert in. To limit disruptions to student instruction, not more than one (1) bargaining unit employee expert per DoDEA school district will be released from duty on official time, at any one time. The Association will give DoDEA’s designated POC at least two

(2) weeks advance notice to allow arrangements for substitute teachers and development of lesson plans.

6. Authority to Negotiate: DoDEA and the Association are authorized to negotiate and reach tentative agreements subject to the ratification of the successor Agreement by the Association’s bargaining unit membership as determined by the Association and Management’s Agency Head Review, under the authority of 5 U.S.C. 7102 and 7114, and all other applicable laws, rules and regulations.

7. Travel Expenses: Each Party will be responsible for the travel and per diem expenses of its own team members.

8. Government Actions: In the event of a DoDEA shutdown (emergency furlough) that prevents

DoDEA from bargaining, negotiations will be immediately suspended until the normal DoDEA functions are restored, and all time limits and schedules established in these ground rules will be tolled during this period of suspension. For example, if DoDEA shuts down for three (3) days in a week for which bargaining is scheduled, the Parties will simply resume bargaining the next week, if scheduled, after the end of the shutdown and add the number of lost days to the end of the schedule.

In the event that DoDEA budget restrictions prevent face-to-face negotiations, all time limits and schedules will be tolled during this period of suspension. Bargaining will begin or resume no later than three (3) weeks after DoDEA notifies the Association in writing (e.g., email, letter, etc.) that budget restrictions that caused the suspension of bargaining no longer prevent face-to-face negotiations.

9. Official Time for Bargaining Unit Team Members: DoDEA agrees to provide up to six (6) bargaining unit employees of the Association’s bargaining team designated under Provision 3 above with official time from their official duties to perform as members of the bargaining team in accordance with these ground rules.

Bargaining unit team members are normally limited to performing not more than 25% official time per fiscal year. Should a bargaining unit team member engaged in negotiations need additional official time, it will be granted and will count toward subsequent fiscal year’s limitations.

10. Compensation for Bargaining Unit Team Members: DoDEA agrees to pay the Association’s bargaining unit team members who have been released from their official duties by DoDEA their daily rate, only for periods of official time authorized in Provisions 12 and 17 below that occurs during their regular workdays as if they had performed their normal duties, in accordance with applicable salary schedules, laws and regulations.

The Parties understand that Association bargaining unit employees on official time authorized by these ground rules are not eligible for compensation in excess of their normal pay. Therefore, they will not receive premium pay, straight time, overtime, holiday pay, or any other pay in addition to their normal pay for their participation in the bargaining process.

11. Location: The Parties will alternate between the Mark Center (DoDEA headquarters) and the National Education Association (NEA) headquarters (the Association’s offices) on a weekly basis throughout bargaining. When at the NEA, Management will be provided with a private, secure room the use of which shall be restricted to Management bargaining team members, which will be called the “Management caucus room.” When at the Mark Center, the Association will be provided with a private, secure room the use of which shall be restricted to the Association’s bargaining team members, which will be called the “Association caucus room.”

12. Preparation Time: The Association is authorized to have up to six (6) bargaining unit

employees designated by the Association, released from duty on official time for up to ten (10) work days prior to the start of the term bargaining period. The Association will decide how to use these preparation days and it is agreed that they do not need to be used all at one time.

The Association will provide the DoDEA designated POC, at least two (2) weeks advance written notice when it intends to use any of these days for each of its bargaining unit team members to allow for arrangements for substitute replacements and the development of lesson plans. Said notice shall include the names and assigned school of Association bargaining team member(s) who will use preparation time provided under this Provision and the start and end times and dates of the preparation time, that is requested to be used.

13. Exchange of Initial Proposals: Each Party’s initial proposals will be exchanged, both in paper copy and in electronic form, no later than thirty

(30) days after written notification is provided in Section 2 above.

Initial proposals may be amended, modified, or withdrawn during bargaining. Absent mutual written consent by the Parties, no new proposals may be submitted by either Party after the deadline established in this Provision unless circumstances beyond the control of the Parties exist (e.g., changes required by law, changes to Government-wide regulation).

14. Records, Notes and Transcripts of Session: Electronic and other recording devices are prohibited during the negotiations, but each Party may keep its own notes and records.

15. Rules and Regulations:  Upon request, DoDEA will make available copies and/or access available to Association bargaining team members to all governing laws, Executive Orders, rules and regulations for Federal employees and DoDEA unit employees, including but not limited to, applicable DoD and DoDEA regulations, manuals, policy statements, administrative instructions, or similar documents. The Association has the right to copy such documentation as needed.

16. Negotiation Sessions and Times: Each daily negotiation session will begin at 9:00 AM and conclude for the day at 5:00 PM, with a one (1) hour, duty-free lunch period, unless the Parties jointly agree to extend or shorten the bargaining session for that day only. The remainder of the bargaining day not devoted to face-to-face bargaining will be treated as caucus time. The negotiations will take place on Monday, Tuesday, Wednesday, Thursday, and Friday of each week in which bargaining is scheduled to take place, with the weekend just before and the weekend just after the Provision 17 bargaining/mediation period being travel days. This schedule may be jointly modified in the event of holidays, completion of bargaining, or for other reasons that may prevent the Parties from meeting during scheduled bargaining periods.

17. Timelines for Negotiations: Bargaining shall begin within sixty (60) days after written proposals are received by the Agency or the Association. Up to eight (8) weeks of negotiations will occur if, combined, twenty (20) articles or fewer are opened for renegotiation; up to twelve

(12) weeks of bargaining will occur if, combined, thirty (30) or fewer articles are opened; up to fifteen (15) weeks of bargaining will occur if thirty-one (31) or more articles are opened. Negotiations shall not exceed a six (6) month period. At the conclusion of this timeframe extensions are permitted by mutual agreement.

Six (6) weeks of face-to-face bargaining will begin from the first day of the bargaining period. The Association is authorized to have five (5) bargaining unit negotiation team members, designated by the Association under Provision 3 above, on official time. If the Parties require further negotiations after the initial six (6) weeks, they shall meet to negotiate at a minimum every other week. These additional bargaining sessions may be face-to-face, by teleconference, video teleconference, or other appropriate means.

If a complete successor Agreement has not been reached after the conclusion of the above bargaining period, either Party may contact the Federal Mediation and Conciliation Service (FMCS) to secure future dates for mediation services following the completion of the bargaining periods discussed above. However, nothing prohibits either Party from soliciting FMCS assistance during bargaining. In the event mediation is necessary after bargaining concludes,

such mediation will not extend for more than

thirty (30) days unless otherwise directed by FMCS.

The Association is authorized to have five (5) bargaining unit negotiation team members, designated by the Association under Provision 3 above, on official time during mediation efforts. The first two (2) weeks of mediation shall be in person. Then any subsequent mediation, if necessary, may be face to face, teleconference, video teleconference, or other appropriate means.

The Parties’ designated POC may mutually agree to modify the times and dates established under this Provision. All such changes must be agreed to in writing.

When the word “days” is used anywhere in these ground rules, it shall be interpreted as meaning calendar days, unless otherwise specified.

18. Cancellation of Sessions: Bargaining session cancellations and extensions of timeframes may only occur by written mutual agreement of the Parties. Cancelled sessions will not serve to automatically extend any timeframes established by these ground rules.

19. Word Processing Fonts and Program: The Parties will use Microsoft Word as the only word processor. The Parties will use Times New Roman, font size 12 for proposals and counter proposals for the duration of the negotiations.

20. Caucuses: Either Party may declare a caucus. The Party requesting the caucus will leave the room and go to their caucus room. The caucuses

will be kept short and to a minimum. If any caucus should take more than ten (10) minutes, the caucusing Party will provide the other Party with an estimate of approximately how long they will need to continue caucusing. However, if the caucus exceeds thirty (30) minutes, the Parties will return to bargaining the issue or move to proceed to another item.

21. Proposals and Counterproposals: Each Party reserves the right to amend/modify/withdraw their Provision 13 initial proposals, and to make/amend/modify/withdraw counterproposals to all Provision 13 initial proposals (whether theirs or the other Party’s) in good faith during the term bargaining process.

Subsequent revised proposals and counterproposals will also be provided in paper copy and electronic form. When offering a revised proposal or counterproposal, the Party making the revised proposals or counterproposal will indicate new/changed language through the use of bold- face font, underline or italics. Any language that is deleted from a proposal or counterproposal will use a strike-through. All revised proposals and counterproposals submitted subsequent to the initial exchange of proposals must be marked with which side offered the revised proposal/counterproposal, the date and time the revised proposals/counterproposal was offered, and use a consecutive numbering system to allow the Parties to refer back to the revised proposal/counterproposal by number and Party who offered it. Revised proposals only indicate new/changed language from the previous

proposal.

22. Information Requests: Upon request, Management will provide information requested by the Association that is necessary, normally maintained, and reasonably available for the purposes of bargaining the successor Agreement in response to Association requests.

23. Reaching Agreement: When the Association and DoDEA reach agreement on any section of an Article, each Party will then initial that portion tentatively agreed upon. Then copies of the initialed agreed upon language will be provided to each bargaining team. An Article is not complete until all sections comprising it are tentatively agreed to and the Parties confirm by signing and dating the Article that negotiations on that Article have been completed.

24. Negotiability: If DoDEA declares a proposal/counterproposal, or any part thereof, non- negotiable, DoDEA will provide an explanation as to why the proposal/counterproposal is considered non-

negotiable. The Parties will attempt to resolve the negotiability of a proposal/counterproposal, or any part thereof, and both sides may submit laws, rules, Executive Orders, Government-wide regulations, or case law to attempt to resolve this determination of non-negotiability.

If the dispute cannot be resolved after reasonable efforts (e.g., at least two (2) rounds of discussion), either Party may table the matter, and if so, the Parties will continue bargaining on the remaining issues in the interest of efficient and effective

bargaining. They may revisit the matter by mutual

agreement. However, if the Association choses to pursue resolution via an appeal to the FLRA, that matter will be severed from these negotiations and will proceed on a separate track for resolution by the FLRA as provided in the rules and regulations of the FLRA. Concurrently, the remaining matters will continue in the bargaining process through resolution and/or ratification as appropriate.

Within fourteen (14) days of receipt of a determination by the FLRA that a matter proposed for negotiations is within the duty to bargain, either Party may initiate negotiations on the matter, except when either Party indicates its intent to pursue judicial review of the FLRA’s decision in accordance with the Statute.

25. Impasse: If the Parties do not reach full agreement through Provision 17, FMCS mediation, either Party may request the assistance of the Federal Service Impasses Panel (FSIP).

26. Ratification: If the Association elects to submit the tentative successor Agreement for ratification, the ratification process shall be completed and the results reported to the DoDEA designated POC by email within fifteen (15) days after reaching tentative agreement on the successor Agreement. If the Association does not notify DoDEA of the results of the ratification process within fifteen (15) days after reaching

tentative agreement, the tentative agreement shall

be considered ratified. If the Agreement is ratified or considered ratified, it shall be signed by the Parties within twenty (20) days after reaching tentative agreement on the successor Agreement and thereafter submitted for Agency Head Review.

If the Association notifies DoDEA that the tentative successor Agreement failed ratification, the Parties will enter into and complete all renegotiations within thirty (30) calendar days after non- ratification. If agreement is reached, it will be signed by the Parties within five (5) days and thereafter submitted for Agency Head Review. If agreement is not reached, no later than five (5) days after the close of the renegotiations period, the Parties will either jointly or individually petition the FMCS, FSIP, or FLRA as appropriate to resolve any remaining dispute(s).

27. Agency Head Review: The Agency Head will have thirty (30) days, in accordance with 5 U.S.C. 7114(c), from the date the Parties sign and execute the successor Agreement in which to review the proposed Agreement.  In the event that any portion of the Agreement is disapproved through the Agency Head Review process, the Association retains all rights provided by law and may elect to renegotiate or file an appropriate petition with the FLRA.

If bargaining is chosen, the Association must notify the DoDEA designated POC by email within fifteen (15) days after the receipt of the results of the Agency Head Review. The Parties will enter into and complete all renegotiations

within forty-five (45) calendar days after

notification of disapproval through the Agency Head Review process. If complete agreement is reached, it will be signed by the Parties within five

(5) days and thereafter submitted for Agency Head Review.

If a complete successor Agreement has not been reached within forty-five (45) calendar days after notification of disapproval of Agency Head Review, the FMCS will provide mediation assistance over a seven (7) calendar day period beginning with the first workday after the conclusion of the forty-five (45) calendar day renegotiation period.

If the Association elects to pursue any negotiability issues to the FLRA, those will be severed and dealt with in accordance with Provision 24 above.

Nothing in the language of this Section impacts the ability of either Party to seek assistance from the FSIP.

E. The ground rules in Section D above will become effective or operative as of the day that either Party serves notice on the other of its desire to bargain a new (successor) agreement.

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Section 2.

The Employer shall arrange for the printing and distribution of a copy of this Agreement in each school in the Association’s bargaining unit. The Employer will provide one paper copy of the Agreement to the

FRS at each school, one paper copy to the school Information Center, one paper copy for the school

Section 3.

An electronic copy of this Agreement will be posted on the DoDEA website.

Each Party will be responsible for its own printing costs for printed copies of the Agreement.

Section 3.

An electronic copy of this Agreement will be posted on the DoDEA website.

administrative office, one paper copy for each of the Association’s District and Area Representatives, and 60 paper copies upon execution to the Association’s National office.

In addition, the Employer will place a shortcut on each Employer computer in the Association’s bargaining unit, which will link directly to the fully executed text of this Agreement.

FEA Article 56 School Year, U-3

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Section 1. – School Year

The school year for unit employees is 186 working days. If the Employer extends the school year beyond 186 working days for any unit employee, including early return/late departure, the employee(s) will be compensated at their daily rate for the 187th and any subsequent days thereafter.

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Section 2. –Setting Up/Closing Down Classrooms The Employer shall make reasonable efforts to provide a reasonable amount of time at the start/end of the school year to set up and close down their respective classrooms at the beginning and end of the school year. For bargaining unit employees, a reasonable amount of time to set up classrooms for the start of the school year is approximately two and a half (2.5) days. A reasonable amount of time to close down

classrooms for bargaining unit educators is approximately one and a half (1.5) days.

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Section 3. – Early Return/Late Release

In order to allow for unit employees to have sufficient time to adjust summer and/or RAT travel plans, the Employer will inform any unit employee who is directed to perform early return/late release no later than one hundred twenty (120) days before the end of the school year.

FEA Article 58 Additional Compensation, U-5

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Section 1. – Work Performed Outside of the Duty Day

When the Employer directs a unit educator to perform work outside of the duty day, the Employer shall pay the educator at their hourly rate of pay for the work.

Article 46, 1(C)       In addition to the workday, in order to provide the highest quality educational programs practicable, unit employees will be required to be on-site outside those hours at times designated by the Employer to participate in, for example, Open House, parent- teacher conferences, public performances by students of plays, concerts, athletic events, other extra- curricular activities, etc. Administrators should normally provide as much advanced notice as possible of the events scheduled.

The hourly rate is determined as follows for each unit educator. The unit educator’s annual pay is divided by 186, which provides the daily rate. The daily rate is then divided by seven (7), which provides the unit educator’s hourly rate of pay.

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Section 2. – Procedures for work performed outside of the duty day

The Employer may assign work outside of the duty day to unit employee(s) in accordance with the following procedures, for which compensation will be provided in accordance with Section 1 above. Work outside of the duty day encompasses any Employer directed staff meetings, back-to-school nights, committee meetings, required data entry, collaboration, and similar educationally-related assignments of duty. However, the Employer can require unit employees to attend one faculty meeting each calendar month for no more than one (1) hour, as well as Open House, without any additional compensation. The Employer will provide the school FRS with at least three (3) days advance written notice of the intent to assign work to a unit educator, a group of unit educators or the entire staff. The written notice to the FRS will specify who will perform the work, how long the work is expected to take, exactly what duties the educator(s) will perform, where the work