AFGE Local 2022/Ft Campbell Furlough MOU

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 ARTICLE  ARTICLE XX FURLOUGHS FURLOUGH – AFGE PROPOSALS

7 Feb 13 13   

Section XX-1 When the Employer determines that an Administrative or Shutdown furlough is anticipated due to downsizing, reduced funding, lack of work, budget situations or a lapse in appropriations, the following minimum procedures will apply in order to lessen or eliminate the adverse effects on bargaining unit employees. Ok 2/7/13 a.m.

Definitions: a. Furlough: A furlough is the placing of an employee in a temporary non-duty, non-pay status because of lack of work or funds, or other non-disciplinary reasons. Ok 2/7/13 a.m.  b. Admini  Administrati strative ve Furlough Furlough: is a planned event by an Employer   which is designed to absorb reductions necessitated by downsizing, reduced funding, lack of work, or any budget situation other than a lapse in appropriations. Furloughs that would potentially result from sequestration would generally be considered administrative furloughs. The Employer is responsible for identifying the employees affected by administrative furloughs based on budget conditions, funding sources, mission priorities (including the need to perform emergency work involving the safety of human life or protection of property), and other factors. Ok 2/7/13 a.m.   c. Shutdown Furlough (Emergency Furlough): occurs when there is a lapse in appropriations, and can occur at the beginning of a fiscal year, if no funds have been appropriated for that year, or upon expiration of a continuing resolution, if a new continuing resolution or appropriations law is not passed. In a shutdown furlough, an affected Employer would have to shut down any activities funded by annual appropriations that are not excepted by law. Typically, the Employer will have very little to no lead time to plan and implement a shutdown furlough. Ok 2/7/13 a.m.   d. Excepted Employees: In the context of shutdown furloughs, the term “excepted” is used to refer to employees who are Page 1 of 4 

 

funded through annual appropriations who are nonetheless excepted from the furlough because they are performing work that, by law, may continue to be performed during a lapse in appropriations. Excepted employees include employees who are performing emergency work involving the safety of human life or the protection of property or performing certain other types of excepted work. Employer legal counsels, working with senior Employer managers, will determine which employees will be designated to be handling “excepted” and “non-excepted” functions. Ok 2/7/13 a.m.  Section XX-2 Procedures a. The Employer will brief the Union on conditions leading to the furlough, the anticipated effective date and duration of the furlough, and specific functions/work/missions which will be curtailed or ceased. The Employer will provide the Union a list of the names, titles, series, grades and SCD of employees by work unit within the organization who are deemed excepted or non-excepted. The Union may offer recommendation of changes which may alter the initial list. Following discussions with the Union and the Union’s

receipt of the final furlough category lists, each employee will be notified in writing of their furlough category. Employees will be instructed to provide a current mailing and email address and telephone number for future furlough notification purposes. Ok 2/7/13 a.m.  b. The Employer will conduct timely briefings with employees to allow a full understanding of the reason, purpose, and alternatives considered prior to furlough. As a minimum, information will include determination of excepted positions, projected furlough period, impact on pay and benefits, off-duty employment obligations, State unemployment compensation offices, leave procedures, notification of furlough and return to work procedures, FAQ resources, and CPAC/HR points of conduct. Ok 2/7/13 a.m.  c. The Union will receive advance written notice of furlough commencement. For planned Administrative Furlough, advance written notification will be provided to each employee of the furlough start and end dates and number of furlough days imposed per employee. For Shutdown Furloughs, employees will be provided as much advance verbal notification as possible, followed by written notification. The Employer will provide the Union and employees prior written notification of any temporary changes in working Page 2 of 4 

 

conditions during the furlough period, to include changes in hours of work, any suspension of alternative work schedules, work location, organizational structure, and names, work and personal phone numbers, and email addresses of designated supervisor(s) or management official(s) and their alternates. Ok 2/7/13 a.m.  d. When fewer excepted positions are needed than the number of qualified employees available, qualified employees may offer to work during the furlough. Conflicts will be resolved by Seniority using SCD. OK 2/7/13 p.m.  e. Supervisors shall discuss furlough schedules with affected employees to mitigate the financial impact of the furlough on the individual. Supervisors will utilize flexible workplace initiatives to the maximum extent possible, i.e. allowing employees to exchange furlough hours, shift swaps with other employees or permitting employees whose work can be performed off-site to work from home.  If furlough is necessary for a specific number of hours per pay period, employee may combine the furlough hours into one

administrative work week with the Supervisor’s approval. 2/7/13 p.m.

Ok

 

Section XX-3 Communication The Employer agrees to post up-to-date furlough information on their websites and other social media sites. Ok 2/7/13 p.m. Section XX-4 Employees who are furloughed will not be subject to orders or other work-related instructions or communications. “Away messages” may be established on the employee’s government email.

Allowances will be made to performance requirements which are delayed as a result of furlough related absences. Ok 2/7/13 p.m. Section XX-5 When a Shutdown Furlough has been cancelled and appropriation restored employees will be notified immediately at the contact phone/email addressee provided by them. Once notified, employees who have departed the area will be given no less than three (3) workdays to return to duty. The days of absence may be charged to the appropriate leave category designated by the employee. If additional time is requested by the employee, liberal leave will be in effect. Within seven (7) days of Page 3 of 4 

 

enactment of a new appropriation and the receipt of command guidance/policy, the Employer will initiate necessary action to implement the law and its associated policy guidance. If an employee has properly scheduled “use -or-lose” annual leave

before the start of the third biweekly pay period prior to the end of the leave year, but is unable to use some or all of the scheduled leave because of the furlough, the employer will restore lost annual leave to the employee. Ok 2/7/13 p.m. Section XX-6 Official Time will not be reduced due to furlough of Union representatives. Employer services provided to the Union will continue during the furlough period. Timelines affected by a furlough will be extended by the number of days of the furlough I i.e. grievances, bargaining proposals, disciplinary replies, adverse actions etc). Ok 2/7/13 p.m. 

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