ARTICLE 13

WORK SCHEDULES, OVERTIME, HOLIDAY, AND ADDITIONAL PAY PROVISIONS

SECTION 1. DEFINITIONS
Workday: A duty period of eight (8) hours in which the duty is performed in no more than nine (9) consecutive hours

Basic workweek: A period of forty (40) hours, comprised of five (5) eight (8) hour workdays.

Administrative workweek: A period of seven (7) consecutive calendar days, Sunday through Saturday, within which the basic workweek is included.

Overtime: Work authorized and performed in excess of the basic workweek or workday, regardless of whether compensated for by cash or compensatory time.

For the purposes of this agreement, overtime consists of two (2) distinct types: (a) scheduled overtime and (b) irregular or occasional overtime.

    a. SCHEDULED OVERTIME: This is work scheduled by Management prior to the beginning of the administrative work week in which it occurs.
    b. IRREGULAR OR OCCASIONAL OVERTIME: Work which was not scheduled prior to the beginning of the administrative work week in which it occurs, but which is determined by management to be necessary.

     

Work Schedule: Specific hours for scheduled workdays within the administrative workweek.

Rotating Shift Cycle: A shift cycle Is six consecutive work days followed by two days off; but with shift times changing with each eight-day cycle.

SECTION 2. Tentative or planning shift work schedules shall be developed and used without change unless such change is found necessary by the supervisor due to unforeseen events such as, but not limited to leave schedules, mission changes or staff changes.

SECTION 3. In multiple shift operations, shift types, scheduled days off, holidays, Sunday and night work should be equitably shared over long period of time by qualified employees in the same job classification. Exceptions to this policy may be made for humanitarian, educational, or other good reasons through local consultations between the supervisor and the designated union steward. Management will develop a guidance schedule to show In general terms the hours of duty and cycling sequences anticipated for the guidance period. The guidance schedule period is established as 12 months.

SECTION 4. Formal shift schedules herein referred to as "Official Schedules" will be posted two pay periods before the end of the current pay period to cover the next two (2) pay periods. The schedules will be retained for a period of one year following the last day of the period they cover.

SECTION 5. The standard work week for administrative personnel shall be determined by Management.

SECTION 6. There will be a minimum of 11 hours turn around time between scheduled shifts unless the person(s) concerned agree to lesser time. The time refers to the basic work day.

SECTION 7. Except with the concurrence of the affected employee, or if no qualified employee is available to take his/her place, total hours of work during any day shall not exceed 16 hours.

SECTION 8. Administrative personnel shall be on a five-day work week unless specific arrangements have been established between management and the employee to utilize compressed work hours or other test programs.

SECTION 9. OVERTIME

    a. Overtime work assignments shall be distributed equitably among qualified employees. consistent with workload requirements. First consideration shall be given to those employees who are currently assigned to the job. Management agrees to make every reasonable effort to give employees as much notice as possible when overtime is required, and further agrees to give due consideration to the employee's personal circumstances, subject to fulfilling the mission of the Wallops CDA Station, and NESS.
    b. Management agrees that an effort will be made to relieve an employee of an overtime assignment to meet a personal need, provided that employee has in Management's opinion a legitimate reason and a qualified replacement Is avail able to take the employee's place. However, if Management is unable to find a replacement, the employee must work the overtime.

     

SECTION 10. Management will monitor records of overtime distribution within their respective areas to insure that overtime has been assigned equitably. Management will make available to the Union, upon written request, current records of overtime assignments of employees to aid in resolving individual claims of unfair and inequitable time assignments. For the purpose of these records, when an employee declines an overtime assignment which is approved by the supervisor, the relief is considered a period worked.

SECTION 11. Overtime pay is additional pay for work performed which is compensated by either compensatory time off at an hour for hour ratio, or by monetary increase at the rate of one and one half times the basic pay. Compensation will be in strict accordance with NOAA regulations, the Federal Personnel Manual, and Fair Labor Standards Act. Non-exempt employees under the Fair Labor Standards Act may request their overtime be returned as compensatory time by submission of a written statement of that effect to the immediate supervisor. In the absence of such a written request from employees who are non-exempt under the Fair Labor Standards Act the employees will receive monetary compensation for the overtime performed.

SECTION 12. HOLIDAYS
When a holiday or a day observed as a holiday falls on a regularly scheduled non-workday of employees whose basic workweek is other than Monday through Friday, the employee's holiday will be determined in accordance with Chapter 11, Section 4, NOAA Personnel Handbook. If the employee is required to work on a day designated as a holiday, the employee shall be paid in accordance with holiday pay provisions.

SECTION 13. ADDITIONAL PAY PROVISIONS
The operation of the Wallops CDA Station is a prime NOAA mission which is staffed by essential employees, so designated by Management. Any authorized premium pay shall be paid in accordance with applicable rules and regulations. Questions or interpretations not easily resolved will be referred to the Office of Personnel.

SECTION 14. Employees are not authorized to perform official duties outside of their established tour without the specific approval of their supervisor.

SECTION 15. If an employee believes that he/she has not been properly relieved at the end of a tour of duty, the employee will immediately notify the supervisor who shall then determine if the employee remains on overtime or is properly relieved.

Memorandum of Understanding
Between National Environmental Satellite, Data Information Service
CDA WALLOPS STATION
And
National Weather Service Employees Organization
Branch 6 01

In accordance with the Federal Employees Flexible and Compressed Work Schedule Act of 1982, P. L. 97-221, and pursuant to the terms of NOAA Circular 82-45, subject: Guidelines for Alternative Work Schedules, dated August 19, 1982, the NESDIS - CDA Station, Wallop Station, Virginia, and. NWSEO Branch 8-1 acting as the exclusive bargaining representative for all bargaining unit employees of CDA Wallops Station, agree as follows:

1. The labor agreement between the parties, dated 9 November, 1979, is amended to include the attached Article 13 Section 16, providing for Alternative Work Schedule. (AWS) and any provisions of the agreement between the parties that contravene them shall be inapplicable during the period of the AWS.

2. The CDA Wallop. Station will adopt and operate under the document attached to this memorandum of understanding entitled Alternative Work Schedules, which described in detail, procedures which shall govern them. The alternative work schedules described will commence March 18, 1984, and may be terminated by the Assistant Administrator for NESDIS in accordance with Public Law 97-221.

3. This memorandum of understanding does not apply to the Facilities Branch.

Agreed: February 24, 1984

Branch Steward, Region 8 01
National Weather Service Employees Organization and
Wallops CDA Station Manager

A. General Information

    1. Alternative Work Schedules include both compressed and flextime work schedules. Compressed Work Schedules shall apply to all shift bargaining unit employees and flextime shall apply to all non-shift bargaining unit employees.
    2. The parties agree that in order to implement alternative work schedules, schedules will be in accordance with all existing and future rules, regulations, and laws. This AWS plan will not infringe upon Management's right to determine the number or kinds of employees on duty during the core hours of any given day and to assure essential work is covered outside core hours. Management, in its judgment, can and will exclude from the plan any employee whose coverage would create an adverse agency impact. For purposes of this agreement, adverse agency impact means:
      - a reduction of the productivity of the agency;
      - a diminished level of service capability furnished to the public; or
      - an increase in the cost of agency operations.

       

    3. It is agreed that any of the above stated criteria are the factors that management will use in a decision to terminate this agreement. The union shall be notified in accordance with Article 7, Section 3, if management decides to terminate this agreement. If management and the union reach an impasse in collective bargaining with respect to terminating such schedule, the impasse will be presented to the Federal Services Impasses panel for a decision in accordance with Public Law 97-221. Alternative work schedules implemented will contain the following prevailing conditions:

      a. No alternative work schedules will be initiated that result in schedules that involve curtailment of office hours or any schedules that may have substantial negative impact on other NOAA components.
      b. All alternative work schedules may be terminated when this agreement expires or the statutory authority (Public Law 97-221) for the schedule expires, whichever occurs first.

    4. Employees in the units covered by this Memorandum of Understanding shall not be included in any program except as provided for in this agreement. Any schedules which are in conflict with this agreement will be terminated.

     

B. Compressed Work Schedule

1. General Information

Bargaining unit shift employees in the Operations Section and Logistics Branch can participate in the Compressed Work Schedule provided that the following conditions prevail:

    a. The parties agree to the following definition: The principal period of shift duty shall not exceed 80 hours per pay period. Work authorized in excess of 80 hours will be paid-overtime.
    b. Premium pay aspects of this agreement will be in accordance with NOAA Personnel Handbook, Chapter 11, and NOAA Circular 82-45 of August 19, 1982.

    c. Leave requests, overtime work, and other provisions, not in conflict with this agreement, shall continue.

    d. It is understood that management reserves the right to adjust the crew (shift) composition based on grades, numbers, and types of employees assigned to a shift. Management may assign en employee to balance the crew based on experience, performance, or other related factor.

    e. It is agreed that an employee, who wishes to request a permanent exclusion from participation in this program based on medical reasons may do so in writing, Such request(s) may initiate a "fitness-for-duty" requirement and a possible adverse action. An exception or reassignment is not a mandatorily required management consideration. Temporary requests for exclusion from participation based on medical reasons will normally not exceed one hundred twenty (120) days. All employee requests must be submitted in writing. Physician's statement shall state the length of time necessary to be excepted from participation.

     

2. Operations Section and Logistics Branch (hereinafter referred as units).

    a. Participation in the compressed Work Schedule for the Operations Section will be on a trial basis for a period of 16 weeks (one complete rotation cycle). The 16 week period shall be effective when all approvals and signature's required in the Memorandum of Understanding for the ground rules for negotiations, signed by the Union on October 3, 1983, and signed by management on October 12, 1983, have been obtained. Within five days after the 16 week trial period agreed to above, the Union shall certify that a 75% affirmative vote by secret ballot to continue this amendment has been obtained. If the union cannot provide this written certification, the affected unit(s) shall revert to the 6-2 schedule and this amendment is automatically canceled. It is agreed that there shall be no interim period or any negotiations. The parties agree that the above procedures are non-grievable.
    b. Participation in the compressed Work Schedule for the Logistics Branch will be determined by a secret ballot of employees as to whether they wish to enter into a trial period. It is agreed that the union shall provide the Station Manager written certification by February 21, 1984, that a 75% affirmative vote in the Logistics Branch has been met to carry the amendment for 16 weeks. If the 75% affirmative vote is nor carried. then the Logistics Branch will not participate in a trial period of the Compressed Work Schedule. If the 75% affirmative vote is carried then the Logistics Branch will participate in a trial period of 16 weeks (one complete rotation cycle) and all the provisions of paragraph B.2.a. above apply.
    c. The compressed work shift schedule utilizes an alternating work week of three (3) twelve (12) hour days and four (4) twelve (12) hour days, rotating shifts and rotating days off through a sixteen (16) week cycle. (Appendix A).
    d. The basic shift work schedule shall be a sixteen (16) weak cycle with alternating three (3) and four (14.) day work weeks- The basic work requirement for a two (2) week period is eighty-four (814.) hour..
    e. The shift work day shall consist of the hours of seven (7) a.m. to seven (7) p.m., and seven (7) p.m. to seven (7) a.m.
    f. All schedules developed by the parties are subject to the approvals specified in NOAA Personnel Handbook, Chapter 11, and. NOAA Circular 82-45.
    g. The parties agree that: (1) the union shall poll all appropriate shift bargaining imit employees and all appropriate shift bargaining unit employees shall vote for or against the AWS program, and (2) management shall furnish a copy of this agreement and a copy of the shift schedule to all bargaining unit employees.
    h. The parties agree that one employee in the Logistics Drench will work a shift of Monday through Friday from 0800 to 1600 and not rotate. This employee will also be used for relief in situations where an employee. On another shift uses annual or sick leave or on an emergency basis. These actions must be taken on very short notice. This employee will be selected by management from among suitably qualified volunteers. If no much employee volunteers, then management will assign an employee to this shift.

     

Flextime

1. All non-shift bargaining unit employees may participate in the flextime program.

2. This schedule will be established in accordance with existing rules, regulations, laws and the conditions as set forth in this agreement. Flextime schedules placed in effect will meet and be in compliance with the following conditions:

    a. Employees working compressed work schedules are excluded.
    b. Permits employees to select a starting time between 7 a.m. and 9 a.m. and work eight (8) hours, quitting 8 1/2 hours after the starting time subject to supervisory approval.
    c. Contains core hours of 9 a.m. to 3:30 p.m. Flexible bands are restricted to 7-9 a.m. and 3:30-5:30 p.m.
    d. Schedules must provide such technical program and secretarial coverage as management deems necessary between regular working hours of NOAA (8 a.m. to 4:30 p.m.).
    e. Starting/ending times will be set in J-hour increments.
    f. Starting and ending times selected by employees must be approved by supervisors whose decision is final and non-grievable. Core time and 8-4:30 coverage criteria will not be curtailed.
    g. Any absence during "core" time shall be charged to an appropriate, category of leave. Core time consists of regularly scheduled work hours, and absences during that time will not be "made up" by substituting additional hours of work in the flexible bands.
    h. Leave requests, overtime work, and other provisions, not in conflict with this agreement, shall continue.
    i. Flextime scheduling will be terminated at any time if in the judgment of management such schedules are detrimental to the accomplishment of the mission of the agency. Such termination will be in accordance with the provisions of Public Law 97-221.
    j. Prior to implementing, approval provisions as outlined in NOAA Personnel Handbook, Chapter 11-07, and NOAA Circular 82-45 must be secured.

     

MEMORANDUM OF UNDERSTANDING BETWEEN
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION
SERVICE CDA WALLOPS STATION
NATIONAL WEATHER SERVICE EMPLOYEES ORGANIZATION, BRANCH 8 01

In accordance with Article 30, Section 3, of the collective bargaining agreement (CBA) between NESDIS, CDA Wallops Station, and NWSEO, Branch 8 01, the parties hereby mutually agree to reopen the CBA for the limited purpose of amending Article 13, Section 17, Subsections D, E, F, G, and H.

1. As provided by the Federal Employee's Flexible and Compressed Work Schedules Act of 1982 (Public Law 97-221 as amended by Public Law 99-196) and pursuant to the terms of Department Administrative Order 202-610, the parties agree to amend the current Facilities Section compressed work schedule.

2. Operation under the amended compressed work schedule set out in the attached document will commence at the beginning of the first pay period after completion of the mandatory Agency-head review process. This compressed work schedule may be terminated by the Assistant Administrator for NESDIS in accordance with Public Law 97-221 as amended by Public Law 99-196.

3. This memorandum of understanding applies exclusively to the Facilities Section.

Agreed:
James Johnson And Richard C Savage
CDA Wallops Station Manager Branch Steward, Region 8 01 NWSEO

Date 10-9-90

FACILITIES SECTION COMPRESSED WORK SCHEDULE

Subsections D, E, F, G and H of Article 13, Section 17, dated September 12, 1984, are amended as follows:

D. The shifts employed under the Facilities Branch compressed work schedule are as follows:

W Shift 0700-1500 (8 hours) (Used only on schedule "A")
X Shift 0700-1900 (12 hours)
Y Shift 1900-0700 (12 hours}

E. The basic shift work shall be an eighteen (18) week cycle. Work assignments will be scheduled in accordance with attached Schedule A. The alternate Schedule B shall be a sixteen (16) week cycle in accordance with attached Schedule B.

F. The cycle shall consist of three (3) consecutive "X" shifts followed by three (3) days off, followed by three (3) consecutive "Y" shifts followed by three (3) days off after which time the cycle repeats. During each 16 or 18 week cycle each mechanic will have two (2) times; when he works four (4) consecutive "X" days and four (4) consecutive "Y" days. There will also be four (4) times when he has four (4) consecutive days off, which will always occur Monday through Thursday. The normal pay period will have eighty (80) hours plus four (4) hours of scheduled overtime.

G. Schedule B will normally be utilized when no more than eight (8) mechanic positions are occupied in the Facilities Section. If the number of occupied mechanic positions exceed eight (8), management has the option to implement Schedule A. Affected employees will be given a two pay period notice of changes between Schedules A and B. A temporary (two-week) adjustment to this cycle will be required in January 1991 in order to synchronize the Facilities Section and Operations Branch work schedules. The normal number of hours worked by mechanics will not be affected during this adjustment period.

H. Schedules developed by the parties for the Facilities Section are subject to the provisions of Department Administrative Order 202-610.

Initialed by the parties on 10/9/90


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