This Agreement is made and entered into by and between the Overseas Education Association (OEA), hereinafter referred to as the "Association," and the Department of Defense Dependents Schools (DoDDS), hereinafter referred to as the "Employer."

The purpose of this Agreement is to comply with 5 U.S.C. 7101, et seq., by establishing a basis for orderly and constructive dealings between the Association and the Employer. Both parties recognize that Congress has found that labor organizations and collective bargaining in the Civil Service are in the public interest.

The Association is recognized by the Employer as the exclusive representative for a bargaining unit composed of all nonsupervisory professional school-level personnel (including Not-to-Exceed - NTE - employees) employed by the Department of Defense Dependents Schools in the Atlantic, Germany and Pacific Regions; but excluding all nonprofessional employees, educational aides, substitute teachers, management officials, supervisors and those employees otherwise excluded by Statute.

It is understood by and agreed between the parties that the primary mission of DoDDS is to provide to its students the highest quality of education possible within its resources.

A. In the administration of all matters covered by this Agreement, the parties shall be governed by laws and Government-wide regulations in effect on September 18, 1989.

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.

This Agreement does not extinguish existing memorandums of understanding (MOU) between the parties. Such MOU's will survive for the period of time identified therein unless in conflict with or extinguished by this Agreement.

B. Either during orientation sessions or the first faculty meeting, the Employer shall acknowledge the Overseas Education Association, its exclusive recognition, and the Faculty Representative Spokesperson.

C. In schools with more than one administrator, the Employer will, within 20 days of the beginning of school, advise the Faculty Representative Spokesperson/designee and also post for the faculty, a list delineating the responsibilities/duties of each Employer official at the school.

D. The Employer shall maintain at each school a complete set of current DoDDS Directives and/or other issuances applicable to unit employees at the school. 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 officials or supervisors, relating to collective bargaining.

E. The Employer shall ensure that appropriate personnel actions related to the death of a unit employee are processed promptly.

A. The Association is recognized as the exclusive representative for employees in the unit and is entitled to act for and negotiate agreements covering all employees in the unit. The Association shall represent the interests of all employees in the unit without discrimination and without regard to labor organization membership. The Association shall be given the opportunity to be represented at:

1. any formal discussion, including councils or committees, between one or more representatives of the Agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policies or practices or other general conditions of employment.

2. any examination of an employee in the unit by a representative of the Agency in connection with an investigation, if:

a. the employee reasonably believes that the examination may result in disciplinary action against the employee; and

b. the employee requests representation.

B. The Employer shall annually inform unit employees of their rights as indicated in the above Section 3 A (2).

C. The Employer shall provide the Faculty Representative Spokesperson 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.

D. Employees who are released from duty without pay to represent the Association shall retain entitlement to all allowances and benefits to the extent allowed by law or government-wide regulations.

E. Upon request, the Employer may provide Association Representatives who are unit employees of DoDDS with appropriate permissive

Government Travel Orders for transportation for the purpose of conducting representational duties.

A. Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and such employee shall be protected in the exercise of such right. Also, within the meaning of a the Federal Labor-Management Relations Statute, such right includes the right to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization (the OEA) to appropriate management (DoDDS). MOU 3/19/93

Nothing in this Agreement shall require an employee to become or to remain a member of the Association, or to pay money to the organization except pursuant to a voluntary, written authorization by a member for the payment of dues through payroll deductions. Neither the Employer nor the Association shall interfere with, restrain, coerce, or discriminate against employees in the bargaining unit for exercising their rights under the Federal Service Labor-Management Relations Statute. The Employer shall not encourage or discourage membership in the Association. DoDDS further agrees that no Association representative will be subject to reprisal in the form of lowering of performance ratings or imposition of disciplinary action for engaging in protected union activities. DoDDS also agrees that principals should not solicit employees to run for union offices or otherwise interfere with election of union representatives. MOU, 4/8/94

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

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, 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 unit employee's personnel file(s) shall be first shown to the employee. The unit employee shall acknowledge that he/she has seen such material by affixing his/her signature to the document to be filed with the understanding that the signature merely signifies that the unit 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 unit 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.

D. In the event that a unit employee's paycheck 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 check 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.

E. If a unit employee is to be served with a warrant or subpoena or is to be interviewed in connection with an investigation while at school in the performance of assigned duties, and the Employer has advance notice, the Employer shall make every reasonable effort to ensure that such activity is done in private without the knowledge of other employees or students.

F. The Employer shall make reasonable efforts to ensure that unit employees have privacy on the school site for making necessary telephone calls to parents of students, Civilian Personnel Offices, military offices, and other Employer officials.

G. A unit employee is free to set the effective date of his/her resignation.

A. Nothing in this Agreement shall affect the authority of any management official of the Employer --

a. to hire, assign, direct, lay off, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

b. to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

c. with respect to filling positions, to make selections for appointments from --

i. among properly ranked and certified candidates for promotion; or

ii. any other appropriate source; and

d. to take whatever actions may be necessary to carry out the agency mission during emergencies.

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

1. at the election of the Employer, 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.

ARTICLE 3 - GENERAL ADMINISTRATION PROCEDURES

A fire drill held during the first week of school and one (1) at another time in the school year may be called without notice to unit employees. The Employer, when he/she has advance knowledge, shall inform unit employees of the day during which other drills will be scheduled. After each fire drill, the faculty shall be notified of the time it took to evacuate the building, if known by the Employer.

In the event it is suspected that a bomb may be in the building where a unit employee is located and a bomb alert is announced, his/her responsibility will be to assist in the evacuation of the building and to report any unusual objects observed during the evacuation; but, under no circumstances, shall he/she be required to participate in a bomb search or to stay in the building.

Both the Association and the Employer agree that it is educationally sound to minimize disruptions that impact on the educational process and agree to cooperate to achieve this end. Upon reasonable request of the FRS, the Principal/designee shall discuss ways and means of minimizing such disruptions.

A unit employee recuperating from an illness or an injury and temporarily unable to perform his/her assigned full-time duties may voluntarily submit a written request to his/her supervisor for a part-time assignment to duties commensurate with the disability and the unit employee's qualifications. The Employer shall consider granting such temporary assignment if supported by credible evidence and a position to which the unit employee may be detailed exists at the facility.

The Employer shall make reasonable efforts to inform unit employees of any necessary commuting assignments beyond one school before assigning such duties and of reporting requirements at each assigned school as soon as possible, but not later than the orientation week.

The Employer shall ensure that arrangements are made for daily workday pickup and delivery of unit employee mail from the APO/FPO unit office where such pickups are normally made when individual mailboxes are not provided at the post office and when the military unit does not provide a daily mail delivery to the school.

The Employer shall attempt to provide each unit school with a faculty lounge(s).

On ordering a fitness for duty medical examination, the Employer shall inform the unit employee, in writing, of the reasons for ordering the exam and the consequences of failure to cooperate. When the unit employee is at the school, the Employer will conduct a counseling session with the unit employee to discuss the problem and inform the unit employee of alternatives (retirement, reassignment, etc.) available to him/her.

It is agreed that:

A. At the end of the second week after students report to school, the Employer shall furnish to the Faculty Representative Spokesperson a list, upon request, identifying all members of the unit within the school.

B. The Employer at the national level shall furnish the Association a list of CONUS selectees and transferees and their work addresses prior to August 1st of each school year.

C. The Employer agrees to provide the Association at the national level a listing (by regions) containing the following information concerning employees in the bargaining unit:

(1) Name

(2) Work address

(3) Service computation date

(4) Classification and grade

(5) Salary

D. Updates for Sections A, B, and C will be provided to the Association at the appropriate level as they occur.

E. The Employer shall notify the appropriate Association representative at the appropriate level upon receipt of notification whenever an employee in the bargaining unit is promoted, separated, resigns, retires, or dies.

The Employer at the school level shall provide a listing to the Association of all formal incentive awards granted unit employees during the school year.

A. The purpose of the committees shall be to promote and to facilitate understanding and constructive relationships between the Association and the Employer. Consultations: Consultations is a process short of negotiations whereby the Employer and Association Representative(s) discuss matters of mutual concern. The consultations process will be conducted through Joint Cooperation Committee (JCC) meetings which are face-to-face meetings between the Employer and Association Representative(s). Joint Cooperation Committees shall be established at the school level and district levels.

B. 1. Committee meetings at the school level shall be held by mutual agreement, but not less than monthly, by request of either party.

2. Committee meetings at the district level shall be held by mutual agreement.

C. The Association is entitled to two (2) representatives from the school at each committee meeting in those schools where there are two or more administrators. In those schools where there is only one (1) Administrator, the Association shall be limited to one (1) representative from the school. In the event that the Employer's number of representatives exceeds the minimum number of Association representatives, the Association shall be entitled to an equal number.

D. At least two (2) days prior to each meeting, the parties shall exchange proposed agendas.

Consultations at the regional and national levels shall be held by mutual agreement.

The Employer recognizes the right of the Association to select or appoint its representatives for purposes of carrying out representational responsibilities.

Section 6. - Levels of Communication.

A. In the administration of this Agreement, channels of communications for both parties shall be in the order prescribed below:

First Level - School Administrator/Faculty Representative Spokesperson (FRS)/Designee. The FRS at each school shall notify the Principal in writing as soon as possible each school year of the bargaining unit employee at the school designated to act in the absence of the FRS.

Second Level - District Superintendent Representative/ District Association Representative.

Third Level - Regional Director/Association Regional Representative.

Fourth Level - Director DoDDS/Association President

B. Dealings between the Employer and the Association at each level shall be through these designated individuals. Every effort shall be made to resolve disputes involving the application or interpretation of this Agreement at the lowest possible organization level prior to elevating the matter to the next higher level. Before soliciting outside support, the above

channels of communications shall normally be followed in attempting to resolve disputes and problems in administering this Agreement, unless otherwise permitted in this Agreement.

C. The Association shall notify the Employer as soon as possible after this Agreement is signed of the names of the unit employees/staff designated to represent the Association at the various levels. The Employer shall notify the Association as soon as possible after this Agreement is signed of the names of the individuals designated to represent the Employer at the various levels. Thereafter, the parties at the appropriate level will notify each other in writing as soon as possible of any change of their respective representatives.

This Article sets forth the number of Association representatives that shall be granted official time and the amount of official time they shall be granted to perform representational duties. The number of Association representatives and the official time used by each, as defined by this Agreement, shall be reasonable, necessary and in the public interest.

Section 2. - Faculty Representative Spokespersons.

A Faculty Representative Spokesperson 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:

A. Elementary and secondary schools with less 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.

B. Elementary and secondary schools with eleven to twenty-five (11-25) unit employees are authorized five (5) days per school year.

C. Elementary schools with twenty-six plus (26+) unit employees are authorized nine (9) days per school year.

D. In order to minimize disruption to the education program, the use of official time specified above, if not regularly scheduled, shall be requested in advance, normally three (3) workdays. Such requests shall be in writing and shall be granted absent compelling circumstances.

E. Secondary schools with twenty-six plus (26+) unit employees are authorized one (1) instruction-free period per day.

F. Within a region, the amount of time available under (B) and (C) may be used by other Association officials at the district/country level or above for representational purposes. No unit employee shall be authorized to use more than twelve (12) days per school year under such circumstances unless mutually agreed otherwise.

G. 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 entitlement.

A. The national officer and regional representatives shall be granted official time for the purpose of conducting labor-management business as set forth below:

President: Half-time duty status and half-time LWOP per school year.

Four Regional Representatives: Half-time duty status and half-time LWOP per school year (for each representative).

B. Released officials shall retain rights to previous educational positions held.

A. 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 and shall notify the supervisor in the unit employee's work site prior to meeting with said employee to work out the necessary arrangements.

B. The Association Representative shall promptly report to the appropriate Employer representative the amount of official time used.

The Association shall be entitled to two (2) full workdays during the first school year of this Agreement and one (1) full workday for each 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 additional representative for said training. During the first year this Agreement is in effect, each unit member of the Association Negotiations Team, upon request, shall be

authorized thirty (30) days of official time to conduct unit-wide training programs for unit employees.

(Use form at end of this article.)

Before the Association or the Employer files an unfair labor practice (ULP) charge with the Federal Labor Relations Authority (FLRA) at the regional or national level, the parties shall attempt to informally resolve the charge in the following manner:

A. The filer of the ULP charge will notify the charged party, either orally or in writing, that a ULP charge may be filed. Upon receipt of oral or written notification by the charging party, the charged party may request a meeting with the charging party for the purpose of attempting to informally resolve the charge. The period of time for attempted informal resolution shall not exceed fifteen (15) calendar days, starting from the time of receipt of oral or written notification by the charged party. This fifteen (15) day period may be extended if mutually agreed by the parties.

B. Upon request of the charged party, the parties shall meet within the fifteen (15) day period to attempt to informally resolve the issue. Regarding ULP's at the regional level, said meeting shall be at the Association representative's work site unless the Employer provides the Association Representative official time with travel and per diem to travel to the Employer's work site.

C. If the ULP charge is not resolved during this period, the charging party may elect to formally file the charge immediately following the meeting.

D. These proceedings do not apply to ULP charges filed by individuals.

ULP charges filed on behalf of the Association or the Employer shall be filed only by authorized officials or staff at the regional or national level.

A. Proposals appropriate for negotiations at the national level concern conditions of employment affecting unit employees which fall within the scope of bargaining.

B. The Employer shall provide such proposals to the Association in writing normally at least sixty (60) days prior to the proposed implementation date. If the Association wishes to negotiate over the proposed changes, it shall submit written proposals to the Employer within thirty (30) days following receipt of the proposed changes. If the notification time limit cannot be met, the parties agree to expedite the process. Only those proposals directly related to the proposed changes shall be subject to negotiations. Upon receipt of the Association proposals, negotiations shall be scheduled and held promptly at a mutually agreeable location in the Washington, D.C., metropolitan area unless otherwise agreed by the parties. The Association shall be entitled to representation in accordance with 5 U.S.C. 7131 (a).

A. Proposals appropriate for negotiations at the regional level concern conditions of employment affecting unit employees which are within the authority of the Employer at the regional level, which fall within the scope of bargaining, which are unique to the region or a school in the region, and which deal with matters not specifically addressed during the negotiations that led to this Agreement or other agreements negotiated at the national level. It is understood that the National Agreement or other agreements reached at the national level are controlling, and no agreements reached at the regional level shall amend or otherwise conflict with the provisions of this Agreement.

B. The Employer shall provide such proposals to the Association in

writing normally at least sixty (60) days prior to the proposed implementation date. If the Association wishes to negotiate over the proposed changes, it shall submit written proposals to the Employer within thirty (30) days following the receipt of the proposed changes. If the notification time limit cannot be met, the parties agree to expedite the process. Only those proposals directly related the proposed changes shall be subject to negotiations. Upon receipt of Association proposals, negotiations shall be scheduled and held promptly at a mutually determined site. The Association shall be entitled to representation in accordance with 5 U.S.C. 7131 (a).

C. If regional representatives of the Employer and the Association disagree as to whether a subject matter or particular proposal is negotiable or is covered by this Agreement or another agreement at the national level, or if a party claims that a proposal conflicts with the terms of this Agreement or other agreements at the national level, or if impasse is reached, the matter shall be resolved as provided for by law or this Agreement.

The Parties agree that at the school level, matters appropriate for discussion (personnel policy or practices or other general conditions of employment) are best resolved on an informal basis. Such matters arising at the school level that fall within the scope of bargaining may be negotiated at the regional level, provided a reasonable amount of time has been allowed at the local level to informally resolve such matters. The parties agree that the Employer and the FRS, upon request, shall meet to consult on such matters at reasonable times as may be necessary. (Upon mutual consent, such matters may be discussed in the Joint Cooperation Committees at the school level). In the event the matter is not resolved at the school level, the Association may submit written proposals to the Employer at the regional level within a reasonable time.

Section 4. - Implementation.

Proposed Management changes at any level which fall within the scope of bargaining shall not be implemented until agreement is reached with the Association unless the Employer is allowed to do so by applicable law, FLRA case decisions, or rules and regulations of appropriate authorities. Required implementation shall not waive the right of the Association to negotiate over the impact and implementation of such required changes.

Section 1. - National Level.

A. Proposals appropriate for negotiations at the national level concern conditions of employment affecting unit employees which fall within the scope of bargaining and which deal with matters not specifically addressed during the negotiations which led to this Agreement.

B. Not more than once every six months the Association may provide

such proposals to the Employer in writing normally at least sixty (60) days prior to the proposed negotiations date. If the Employer wishes to submit counter-proposals, it shall submit written proposals to the Association within thirty (30) days following receipt of the Association proposals. Negotiations shall be scheduled and held within sixty (60) days from the date the Employer received the Association proposals at a mutually agreeable location in the Washington, D.C., area unless otherwise agreed by the parties. The Association shall be entitled to representation in accordance with 5 U.S.C. 7131 (a).

A. Proposals appropriate for negotiations at the regional level concern conditions of employment which are within the authority of the Employer at the regional level, which fall within the scope of bargaining, which are unique to the region or a school in the region, and which deal with matters not specifically addressed during the negotiations which led to this Agreement or other agreements negotiated at the national level. It is understood that the national Agreement or other agreements reached at the national level are controlling, and no agreements reached at the regional level shall amend or otherwise conflict with the provisions of this Agreement.

B. Not more than once every school year the Association may provide

such proposals to the Employer in writing normally at least sixty (60) days prior to negotiations. If the Employer wishes to submit counter-proposals, it shall submit written proposals to the Association within thirty (30) days following receipt of the Association's proposals. Negotiations shall be scheduled and held within sixty (60) days from the date the Employer received the Association proposals, at a mutually determined site. The Association shall be entitled to representation in accordance with 5 U.S.C. 7131 (a).

C. If regional representatives of the Employer and the Association disagree as to whether a subject matter or a particular proposal is negotiable or is covered by this Agreement or another agreement at the national level, or if a party claims a proposal conflicts with the terms of this Agreement or other agreements at the national level or if impasse is reached, the

matter shall be resolved as provided for by law or this Agreement.

D. The Association will be limited to no more than two proposals per District level (DSO) per school year. After the first year, the Association may reopen this provision as to number of proposals.

When school vacancies exist and the Employer has determined to fill the vacancies, the Employer shall first consider filling such vacancies with qualified unit employees in the a) school and b) school complex where the vacancies exist. It is understood, however, that the Employer may fill vacancies from any appropriate source.

Unit Employees who are interested in being considered for vacancies within their school or school complex will notify the appropriate Principal in writing each school year. The appropriate Principal is the Principal in the school where the vacancy exists. A school complex is defined as a school or group of schools within a specific geographic location listed under each country in the transfer program instructions. Unit employees must meet the qualification standards published by DoDDS for the pertinent school year for the positions for which they request consideration.

An on-board unit employee who plans to return to the same school the following school year shall be notified of his/her teaching assignment and number of classes prior to the close of the current school year. Changes in such assignments will be limited to unexpected changes in curriculum, mission, staffing, and recruitment actions.

The number and geographic locations of the positions that will be filled through the use of the transfer program shall be determined by the Employer. The Employer shall make every reasonable effort to include all projected or known vacancies, that the Employer intends to fill the next school year, for recruitment through the transfer program. Prior to April 15, during the conduct of the transfer program, every effort will be made to fill projected or known vacancies referred for selection through the transfer program by eligible bargaining unit employees requesting transfer before outside recruitment. No offers for the next school year shall be made under this program after April 15 except for those eligible under Section 2A. Section 2A applicants may be considered until August 1 solely at Management's discretion.

Unit Employees who are eligible under any of the following criteria will be considered in the order set forth under Section 4D of this Article.

A. Employees in the unit who have been issued a written notification of being surplus or issued a written (general or specific) notice of reduction in force. A surplus employee is one who will be displaced or separated as a result of a drawdown or school closure.

Employees in the unit who have been identified as eligible for a compassionate transfer.

B. Employees in the unit currently serving under a transportation agreement who have completed their prescribed tour at their present location.

C. Any excepted-appointment-without-condition employees in the unit

not currently serving under a transportation agreement upon completion of three years of continuous service with DoDDS, provided they are not temporary employees.

A. This transfer program shall apply to all unit vacancies referred to the Office of Dependents Schools (ODS) for selection under this program.

B. Before vacancies are referred to ODS, the Employer shall provide the Faculty Representative Spokesperson at the school with a list of all known or anticipated vacancies and the qualifications sought. The Employer shall provide the Association at the national level with a list of all those known or anticipated vacancies by complexes which have been referred to ODS for selection under this program.

C. Transfer applications must be submitted by interested unit employees each school year. Receipt of the application by a Principal shall constitute a request for transfer.

D. A unit employee may apply in any one or more of the categories

for which he or she is qualified in accordance with the qualification standards published by the Employer for the pertinent school year or any of the three previous school years.

If, during the conduct of the transfer program, there is a change in the requisition requirements for which vacancies still exist, remaining transfer applications from unit employees shall be reconsidered before CONUS recruitment.

A. Unit employees shall designate on their transfer applications requested geographic complexes, countries, and regions.

B. A current listing of DoDDS schools in the OEA unit by country with approximate enrollment and categories and a copy of the School Information Guide shall be provided to each school, when available, prior to the transfer program.

C. Each applicant shall be assigned points based on longevity at their present location as agreed to by the parties annually. In addition, each applicant will be assigned one (1) additional point for each year of DoDDS service with no limitation.

A move from one location to another that was not requested by the unit employee allows the unit employee to receive the maximum possible points obtainable either from the old location or the new location. Unit employees shall be allowed to compute location points by multiplying the number of continous years at the current location plus the number of continuous years at the location from which involuntarily moved by the higher longevity points assigned to either location.

Accumulated transfer points are not affected by a move within a designated school or school complex.

D. Applicants for each particular vacancy shall be considered in the following order from among those applications which have designated the geographic complex, country or region where the vacancy exists:

1. Applications from employees in the unit who have been issued a written notice of being surplus or a written (general or specific) notice of reduction in force, in order according to points.

2. Applications from unit employees who have been identified as eligible for a compassionate transfer.

3. Applications from other eligible unit employees in order

according to points.

E. When two (2) or more unit employees are considered by the Employer as equally qualified and capable of performing the work and have equal points, the tie will be broken by seniority.

F. Experience in conducting an extracurricular activity shall not be a prerequisite for transfer.

Married couples, when both are unit employees and both wish to apply, may follow the following procedures:

A. Both spouses will be separately considered based on their individual eligibility unless they desire to be transferred only as a teaching team and designate so on their application.

B. (1) If they desire to be transferred only as a teaching team with both being assigned to the same commuting area, they shall be ranked according to the average of their combined individual points. Their applications will not be considered with those of unit employees who have received written notices of reduction in force or those who have been identified for compassionate transfer, unless both spouses meet the requirements for such consideration.

C. If either spouse can be made an offer, the application of the spouse who has not been selected shall be submitted to the Regional Director for the region to which the other spouse will be assigned. If a position cannot be located for the spouse, he or she shall be placed in a leave-without-pay (LWOP) status for a period not to exceed one (1) year following the beginning of the next school year. If, after arrival at the spouse's station, the unit employee on LWOP is selected for a continuing position, he/she shall be given the same type of appointment held previously. Other entitlements will be granted in accordance with applicable

regulations. All reasonable efforts consistent with the requirements of the program shall be made to try to effect transfers for both spouses, or to subsequently provide employment in those cases where only one (1) spouse can be transferred.

A. A unit employee shall be notified of his/her transfer in a timely manner by the Employer.

(1) An applicant may withdraw from the program without penalty if the Personnel Division, Office of Dependents Schools, receives notification from the unit employee or the Association at the national level at least one (1) work day prior to the actual transfer session from which the unit employee is affected.

A. Unit employees have the right to request special consideration for a

transfer for personal reasons/conditions, which may warrant relocation. The request must accompany the initial transfer application and shall include proper supportive documentation. The documentation shall include, but is not limited to, a statement from local management and another appropriate professional,(i.e., doctor, lawyer, etc.) for review. The extent of special consideration to be given will be on a case-by-case basis. This includes employees on extended leave.

The need to effect a reassignment is a right retained by the Employer. While involuntary reassignments shall be kept to a minimum, pursuant to the Employer's education mission, it may become necessary to involuntarily reassign a unit employee either from one school location to another school location or from one assignment in one grade/subject area to another grade/subject area with different qualification standards from the grade/subject area currently being taught. Whenever possible, and if time permits, the Employer shall accomplish such reassignments through the use of qualified volunteers. Whenever qualified volunteers are not available, an individual may be selected for involuntary reassignment with as much advance notice as circumstances warrant. The written notice for involuntary reassignment will contain the following as a minimum:

A. reason(s) for the reassignment;

B. why the unit employee was selected;

C. an opportunity for the individual to give reasons why he/she should not be reassigned. In this statement the individual should include any extenuating circumstances of a personal nature, which she/he feels, should be taken into consideration.

A. Reduction in force is an action that is taken when a unit employee is released from his/her competitive level by separation, demotion, furlough for more than thirty (30) days or reassignment requiring displacement; when lack of work, shortage of funds, insufficient personnel ceiling, reorganization, reclassification due to a change of duties, or the need to make a place for a person exercising reemployment or restoration rights requires the Employer to release the unit employee.

B. Transfer of function is the transfer of the performance of a continuing function from one competitive area and its addition to one or more other competitive areas, except when the function involved is virtually identical to functions already being performed in the other competitive area(s) affected; or the movement of the competitive area in which the function is performed to another commuting area.

C. Reorganization is the planned elimination, addition, or redistribution of functions or duties in an organization.

E. Competitive Level consists of all the positions in a competitive area that are in the same grade or occupational level and that are so alike in qualification requirements, duties, responsibilities, pay schedule, and working conditions, that the Employer may readily assign a unit employee in one position to any of the other positions without changing the terms of the unit employee's appointment and without unduly interrupting the Employer's work program. When DoDDS considers the effect of qualifications on the composition of a competitive level, the concern is not with the qualifications a unit employee possesses but with the qualifications required by the duties and responsibilities of the position as stated in the official position description.

The provisions of this Article shall apply when the Employer makes a decision regarding A, B, or C of Section 1 above that will result in a reduction in force.

Before implementing any of the actions specified in Section 2 of this Article, which requires application of reduction-in-force (RIF) procedures, the Employer will make current its retention

registers. The Employer agrees to furnish the Association, upon request, with a retention register indicating competitive levels, performance credit, and service computation dates of personnel within a competitive area.

When determination is made to conduct a reduction in force, competing employees are listed on a retention register in the following order:

A. By tenure group. Tenure group I is first, followed by tenure group II, and then tenure group III.

B. Within each tenure group, by veteran preference subgroups. Subgroup AD is first, followed by subgroup A, and then subgroup B; and

C. Within each subgroup, by years of service which includes performance credit. The employee with the earliest service date is entered first.

The groups and subgroups are defined below:

Group I: Employees serving on Excepted Appointments who have completed a three (3) year period of substantially continuous service (Tenure Group I) or those not serving on a trial period.

Group II: Employees serving on Excepted Appointments who have not completed a three (3) year period of substantially continuous service (Tenure Group II) and those serving on a trial period.

Group III: Employees serving on appointments with time limitations (Tenure Group III).

Subgroup AD: Includes each preference eligible employee who has compensable service-connected disability of 30% or more.

Subgroup A: Includes each preference eligible employee not in subgroup AD.

Subgroup B: Includes each nonpreference eligible employee.

A. The Employer shall notify the Association in advance when it determines that a reduction in force will occur. Such notice shall normally be given to the Association at least sixty (60) days in advance of the anticipated implementation date and shall include the following information:

1. Reasons for the RIF;

2. Number and types of positions to be affected;

3. Names of employees to be affected by RIF when available.

B. Once it has been determined that a reduction in force is required, all personnel shall normally be given a notice at least sixty (60) days prior to the effective date of the action. When the time element is such that the sixty (60) days advance notice cannot be given due to unforeseen circumstances beyond the control of the Employer, then the advance notice period may be reduced to thirty (30) days. Such notice shall contain the following information:

1. action to be taken;

2. reasons for the action;

3. effective date of action;

4. employee's competitive level, service computation date, credit for performance, tenure group and subgroup;

5. place where affected personnel may inspect regulations and records pertaining to the action;

6. rights to appeal or grieve.

Full and part-time unit employees who have appointments without time limitations and who have received a specific notice of reduction in force and who cannot be placed through reduction in force procedures shall be given priority consideration for vacant positions within DoDDS for which they are qualified prior to conducting CONUS recruitment for such positions.

A. The Employer shall establish and maintain a reemployment priority list. The priority list shall extend to all competitive levels in the competitive areas for which the unit employee is qualified and available. Eligibility shall be determined by seniority of service computation date.

B. The name of the unit employee shall remain on the reemployment

priority list for two years from the date he/she was separated.

C. A name is deleted from the reemployment priority list when:

1. the unit employee is offered a position with DoDDS;

2. the unit employee requests that his/her name be deleted;

3. time expires.

Unit employees who are reassigned outside the commuting area by the Employer's actions under this Article shall be provided travel and transportation in accordance with applicable regulations.

The determination as to whether or not to fill a vacancy shall be solely within the discretion of the Employer. The Employer reserves the right to determine the qualifications for vacant positions.

The negotiated grievance procedure is established to provide unit employees with an opportunity to raise matters of concern or dissatisfaction for informal and, where appropriate, formal consideration and resolution. This Article also provides the two parties to this Agreement with an opportunity to raise matters of concern or dissatisfaction for formal consideration by the other party in accordance with Section 2 below. It is the intent of the parties to resolve grievances informally at the earliest possible time and at the lowest possible level. The filing of a grievance shall not be construed as reflecting unfavorably on a unit employee's good standing, his/her performance, or his/her loyalty or desirability to the organization, nor shall it be regarded as an unfavorable reflection upon the Employer or particular Employer officials.

A. This procedure applies to unit employees and shall be the exclusive procedure for resolving grievances, which fall within its coverage.

B. A grievance means any complaint:

(1) by a unit employee concerning any matter relating to the employment of the unit employee;

(2) by the Association concerning any matter relating to employment of any unit employee(s); or

(3) by a unit employee, the Association, or the Employer concerning:

(a) the effect or interpretation or a claim or breach of the collective bargaining agreement; or

(b) any claimed violation, misinterpretation of any law, rule, or regulation affecting conditions of employment.

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

(9) nonselection for promotion or transfer from lists of properly ranked eligibles; and

(10) oral admonishments.

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.

The parties agree that informal resolution of unit 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 informal presentation of the grievance to fully discuss the matter and to attempt informal resolution.

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. 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. Such decision shall be transmitted to the grievance 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 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) calendar day period has elapsed.

A. When the grievance has not been resolved at Step Two, the grievant or his/her Association representative may submit his/her grievance to the Principal within ten (10) calendar days from the date he/she received the Principal's written decision. 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 Regional Director, DoDDS, with a copy of the forwarding letter to the grievant.

B. Upon receipt of the grievance for consideration at the regional office, the regional review will be completed and a final decision rendered within twenty (20) days from its receipt. Such decision shall be in writing and set forth the reasons for the decision. The written decision shall be immediately transmitted to the grievant and the grievant's Association representative, if any. A complete copy of the case file shall be immediately transmitted to the appropriate OEA Area Director or Designee. In the Pacific Region the case file will be transmitted to the OEA Pacific Uniserv Director and the OEA Pacific Area Director or Designee. Actual costs of copying and transmittal to the OEA Pacific Area Director shall be paid by the Overseas Education Association.

A. Association or Employer grievances may be filed only at the national level by the respective officials at the national level.

B. Association or Employer grievances arising over the interpretation and application of this Agreement that are not related to a specific incident or occurrence may be filed at any time.

C. (1) An Association grievance under Article 12, Section 2B (2) or (3) that relates to a specific incident or occurrence, must be filed within forty-five (45) calendar days after the incident or occurrence giving rise to the grievance. An Employer grievance arising under Article 12, Section 2B (3), that relates to a specific incident or occurrence, must be filed within forty-five (45) days after the incident or occurrence giving rise to the grievance.

D. Upon receipt of an Association or Employer grievance, the Association or Employer, as appropriate, shall review, investigate, and furnish a final decision within twenty (20) calendar days.

E. Should the Association's or Employer's decision not be satisfactory, arbitration may be invoked by the appropriate party.

A. 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.

B. 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 Federal Mediation and Conciliation Service for referral of an arbitration panel. Normally, within fifteen (15) days after receipt of an FMCS referral, 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.

C. The Federal Mediation and Conciliation Service shall be empowered to make a direct designation of an arbitrator to hear the case in the event:

1. Either party refuses to participate in the selection of an arbitrator or

2. Upon inaction or undue delay by either party.

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

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 or issues to be heard. The arbitrator's hearing will normally be at the school site unless the Employer decides otherwise. 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 transportation in accordance with appropriate travel regulations. Unit employees who are Association representatives who are in the area because of other Association business are excluded from the transportation provision of this section. 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.

F. The arbitrator shall be requested to render his/her decision as quickly as possible, but in any event not later than thirty (30) calendar days after the conclusion of the hearing unless the parties mutually agree to extend the time limit.

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

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

I. The Association and the Employer may mutually agree regarding any

particular arbitration case to use a "mini-arbitration" procedure or make any other modification in the arbitration process that would reduce the cost of arbitration.

J. The cost for arbitration shall be borne equally by the Association and the Employer. Arbitration costs will include the arbitrator's fee, travel, per diem, 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.

K. Upon mutual consent of the parties, the grievance case file and current Agreement may be sent to the arbitrator.

A. Group Grievance

When a group of unit employees has an identical grievance, it will be considered as an individual grievance 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. To be considered timely under the procedure, those grievances resulting from a one-time act or decision must be presented within fifteen (15) 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.

2. All time limits in this procedure may be extended by mutual consent of the parties.

3. Except as provided in (4) below, failure of the Employer to observe the time limits shall entitle the Association Representative to advance the grievance

to the next step. Failure of a Regional Director, DoDDS, to observe the time limits shall entitle the Association Representative to advance the grievance to ODS.

4. 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, to advance the grievance to the next step, or to reject a grievance as untimely filed.

C. Nothing in this Agreement shall prevent the parties from mutually resolving grievances which have been dismissed due to untimely filing or which are not covered under the scope of the grievance procedure.

D. 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.

E. 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.

F. A grievance shall be cancelled upon the death of the unit employee, or upon his/her separation for reasons not connected with the grievance, provided there is no question of pay involved or other relief that could be granted to the unit employee.

G. Under 5 U.S.C. 7116 and 5 U.S.C. 7121, unit employees may raise certain matters under this negotiated grievance procedure or under a statutory procedure, but not both. For purposes of this Article, the unit employee or his/her representative shall be deemed to have exercised his/her option as to procedure when a timely grievance under this procedure is filed or a charge, appeal, or complaint under the applicable statutory procedure is initiated, whichever event occurs first.

GRIEVANCE FORMAT

date

Addressed to: Principal's Name and Official Mailing Address

Subject: Employee Grievance Initiated Under the OEA/DoDDS 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 DoDDS 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.

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. Performance based personnel actions are covered in Article 14 of this Agreement and are not covered in this Article. The procedures outlined in Section 3 through 5 of this Article do not apply to actions related to extracurricular activities.

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

Whenever a disciplinary action is initiated against a unit employee which involves a suspension of fourteen (14) days or less, the following procedural requirements shall apply:

A. Issuance of Advance Notice

1. The unit employee must be given no less than ten (10) days written notice of the proposed action.

2. The advance notice shall:

a. state the reason for the proposed action in detail;

b. inform the unit employee where the material relied upon for the proposed action may be reviewed (If that material is available at the school site, the unit employee and Association representative will be permitted to review the materials at that site.);

c. inform the unit employee of the right to reply in writing within seven (7) days after receipt of the notice of proposed action;

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 ten (10) day notice period, whichever comes first;

e. inform the unit employee that he/she will remain in normal duty status pending a decision on the proposed action, except as provided in section 5.

B. Notice of Final Decision

1. The unit employee shall receive notice of final decision at the earliest possible date following the ten (10) day notice period.

2. The notice of decision shall be signed and dated and shall inform the unit employee of:

a. the reason (s) for the decision;

b. the effective date of the action; and

c. his/her rights under the appropriate grievance procedure.

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

1. The unit employee must be given not less than thirty (30) days written notice of the proposed action.

2. The advance notice shall:

a. state the reason(s) for the proposed action in detail;

b. inform the unit employee where the material relied upon for the proposed action may be reviewed (If that material is available at the school site, the unit employee and Association representative will be permitted to review the materials at that site.);

c. inform the unit employee of the right to reply orally or in writing, or both, within twenty (20) 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 twenty (20) day period, whichever comes first; and

e. inform the unit employee that he/she will remain in a normal duty status pending a decision on the proposed action, except as provided in Section 5.

B. Notice of Final Decision

1. The unit employee shall receive notice of final decision at the earliest possible date following the notice period.

2. The notice of final decision shall be signed and dated and shall inform the unit employee:

a. which of the reasons in the proposed notice have been found sustained and which have not been found sustained;

b. the effective date of the action; and

c. of his/her rights under the appropriate grievance or appeal procedures.

C. Time limits do not run during the summer recess, unless required by law or government-wide regulation. In the event the notice period is not completed prior to the end of the school year, the affected unit employee may be carried in a duty status for up to five days into the summer recess to complete the process.

In a situation where a unit employee may cause injury to himself/herself or others, or in an emergency, the unit employee may be suspended during the advance notice period, or with the employee's consent, carried in an appropriate leave status.

The primary objective of the classroom teacher evaluation procedure, as set forth herein, shall be the improvement of instruction. The primary objective of the evaluation of other unit employees, as set forth herein, shall be the improvement of the services which are provided by such unit employees and which are designed to enhance and complement the educational process.

The performance of all unit employees shall be evaluated according to appropriate Office of Personnel Management requirements. The evaluator shall take into consideration any circumstances that may adversely affect a unit employee's performance, such as class size, special learning disabilities, 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 unit employee can reasonably be expected to attain them. Unless the situation convinces the Employer that time is of the essence in resolving the matter, no interview or meeting between a complaining parent and the unit employee shall be set by the Employer until the unit employee has a reasonable opportunity to consult with the Association's representative. Unit employees shall be clearly informed of the supervisors who have authority to supervise/evaluate their performance.

All unit employee observations shall be preceded or followed within a two (2) school-day period by a conference between the Employer and the employee in order for the employee to explain his/her objectives and plans for that class.

Although it is understood that the supervisor assigns duties, establishes critical elements and performance standards, and evaluates the performance of the duties, it is recognized that all unit employees must be clearly advised as to what must be done (critical elements) and how well it must be done (performance standards). Unit employees shall be encouraged to participate in the identification of critical elements and performance standards through discussions with the Employer. The FRS/Designee will be provided copies of all standards and elements in sufficient time to allow for review and discussion with unit employees. When more than one unit employee performs the same duties, the critical elements and performance standards may be developed through group discussion(s) with the supervisor. In the case of a newly established position, the supervisor shall develop the elements and standards in advance in order that they may be discussed with candidates for the position. The critical elements and performance standards shall be reviewed by the

employee(s) and Employee and revised if necessary, at least annually, preferably at the beginning of the rating period. The critical elements and performance standards must be written. The FRS shall be afforded the opportunity to attend such meetings.

In the event a supervisor establishes any critical elements or performance standards for the standardized position descriptions of unit employees which are not included on the list prepared by ODS, the supervisor shall:

A. provide the unit employee and the FRS a copy of the proposed critical elements and performance standards at least two weeks prior to finalizing the elements and performance standards;

B. specify, in writing, the date by which written or oral comments on the standards and elements are to be submitted to the supervisor. This date must be at least five work days after the unit employee receives this material;

C. discuss, if requested, explain and respond to any unit employee inquiries about the elements and standards. If a meeting is held to accomplish this, the FRS shall be afforded the opportunity to attend;

D. after considering the unit employee's comments and any comments

from the FRS, identify the critical elements and performance standards that will serve as a basis for appraising the unit employee's job performance;

E. upon request, the supervisor will provide a copy of the critical elements and performance standards of identified to the FRS.

If the Association Area Director is concerned or dissatisfied with the critical elements and performance standards identified by the supervisor under this section, the Area Director shall ask within five work days of receipt that they be reviewed by the DoDDS Regional Director.

Prior to proposing any removal based on unacceptable performance, the Employer shall ensure that the unit employee is provided an opportunity to demonstrate acceptable performance. 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 unit employee at least 30 days in advance of proposing a removal based on unacceptable performance. This notice shall identify:

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

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

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

D. the time period of at least 30 days within which the unit 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.

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:

A. states the reasons for the proposed action in detail;

B. identifies specific instances of unacceptable performance by the unit employee;

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

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

In those cases when a decision is made to remove a unit employee for unacceptable performance, such an employee may file a grievance under Article 12 of this Agreement within fifteen (15) days after receipt of the final decision on the proposed action. Two (2) copies of the notice of decision will be provided to the unit employee. Grievances of this nature may be filed at the regional level by the

Association or the affected unit employee. The Association may invoke arbitration on such a grievance not earlier than thirty (30) days from the date the grievance was submitted to the Regional Director, but not later than thirty (30) days from the date of receipt of the DoDDS final decision on the grievance.

The Employer shall, within its discretion and subject to budgetary constraints, obtain for use of unit employees the equipment, facilities, and supplies which are necessary to the education process.

The Employer shall attempt to ensure that unit employees who must have unique materials or large equipment to adequately perform their duties (e.g., science, music, art) shall not be forced to move such unique equipment from room to room.

The Employer shall not open furniture, including storage furniture, located in the unit employee's work area unless the unit employee is present or with the express consent of the unit employee, except in unusual circumstances that necessitate such action. In such unusual circumstances, when feasible, it shall be done in the presence of a third party.

A. The Employer recognizes its obligation to provide and maintain a safe and healthful work environment. This covers, but is not limited to, contained asbestos, sanitary facilities, adequate lighting, ventilation, heating, air conditioning, and work space; work areas free from pollutants and excessive noise levels. The Employer shall establish channels of communications with officials of the host military departments and shall make every reasonable effort to ensure that adequate support is provided to maintain a safe and healthful work environment.

B. The Employer shall notify the appropriate FRS when the Employer becomes aware of serious health and safety problems. Unit employees should report any unsafe conditions to Employer officials at the school.

C. When a DoDDS school has been determined to contain hazardous

levels of asbestos by appropriate authorities, upon request of a unit employee at the school, a copy of the official notice shall be placed in the official personnel folder.

D. The Employer shall provide for periodic inspections of schools for unsafe, unhealthful, or hazardous conditions, but no less than annually. Copies of inspection reports shall be furnished to the Association.

Security of classroom facilities and equipment is important to both the Employer and the Association. Accordingly, methods and procedures for improving such security, including the selection of classrooms to be used by non-school organizations such as university classes, base organizations, and Sunday School classes may be subject for consultations at the school level.

The Employer shall provide reasonable accommodation for handicapped unit employees including appropriate access to and facilities in their assigned schools in accordance with law and government-wide regulations.

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 FRS in acquiring an Association mailbox at the installation military post office, if available.

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 Civilian Personnel Office may distribute information on government-wide health benefit plans.

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.

The Employer shall ensure that the Faculty Representative Spokesperson 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 Association shall be provided an area not to exceed 6' X 8' in a location convenient to a majority of the unit employees for posting Association material. Such area shall be for the exclusive use of the Association.

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:

A. the use of such 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.

When available, the Employer shall post applicable daily and/or weekly bulletins published by the local military command in designated locations within each school.

Unit employee participation in approved charity campaigns in response to community needs, bond drives, or other such activities is strictly voluntary. A unit employee's non-participation in a charity campaign shall not be used in the unit employee's evaluation. Unit employees shall not be required to financially support the teacher aide/paraprofessional program through direct contribution or fund-

raising activities.

The Employer shall not require unit employees to join Military Clubs.

The Employer shall ensure that unit employees are informed of their rights concerning their employment with the United States Government. In the event that a unit employee questions a particular regulation, the Employer shall ensure that the unit employee has access to the regulation, if available, and assistance in interpreting it.

In an effort to promote better relations with the Military Command and community, the Employer shall invite the School's Officer and the United States Installation Commander to meet the faculty as early in the school year as possible.

The Employer and the Association agree to cooperate in providing equal employment opportunity for all persons; to prohibit discrimination because of race, color, creed, national origin, sex (including sexual harassment), handicapping condition, marital status, age, religious affiliation or political affiliation except as provided by federal law and government-wide regulations; and to promote the full realization of equal employment opportunity in accordance with applicable law and government-wide regulations.

The Employer and the Association agree that the Equal Employment Opportunity (EEO) program should be administered consistent with applicable Equal Employment Opportunity Commission regulations. The provisions of DS Regulation 5713.2, DoDDS EEO Program, dated September 6, 1984, as amended, shall also be applicable, except when inconsistent with this Article. The following provisions shall be part of the DoDDS EEO program:

A. When the Employer determines that training is appropriate, DoDDS unit employees designated as EEO counselors shall receive such training in EEO counseling techniques, complaint procedures, and reporting techniques. Refresher training shall also be provided as determined appropriate by the Employer.

B. Unit employees designated as EEO counselors shall be given a reasonable amount of official time on a case-by-case basis to counsel EEO complainants.

C. Unit employees designated as EEO counselors shall be free from restraint, interference, coercion, discrimination, or reprisal in counseling unit employees.

The Association and the Employer agree that the maintenance of appropriate standards of student discipline promotes an optimum learning environment. The Employer and unit employees are responsible for maintaining discipline in accordance with standards established by the Employer. The Employer shall provide support and assistance to unit employees in their efforts to maintain discipline. The parties recognize that the final decision and responsibility concerning student discipline are retained by the Employer.

Upon reasonable request, unit employees shall be provided with a copy of their current position description.

A unit employee's allegations of inaccuracies in his/her position description may be submitted under the Negotiated Grievance Procedure.

The Employer shall notify the Association when new or revised standardized position descriptions are to be implemented which would result in downgrading or upgrading action of a class or occupational specialization of unit employees at more than one school site and shall allow the Association a reasonable time in which to reply.

Full-time P.L. 86-91 unit employees accumulate leave at the rate of one day for each calendar month of service or part thereof in a school year. If the school year includes more than eight months, any full-time unit employee who has served for the entire school year is entitled to 10 days of cumulative leave for that school year. The Employer shall accept the unit employee's last "Leave and Earnings" statement, pending receipt of official documentation from the last finance office, as evidence of accrued leave when a unit employee returns to duty. Ten days' leave shall be credited to full-time unit employees hired for the full school year at the beginning of the school year. Educator Leave may be advanced for use within the school year. Such advances are normally limited to the amount, which will be accrued within the school year. Under unusual circumstances, a supervisor may approve up to 30 days of advanced Educator Leave. Such advances shall be subject to subsequent earnings of Educator Leave or repayments upon separation for any leave advanced but not earned. 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, or in the event of any personal emergency. In addition, each unit employee is entitled to use up to three days' leave per school year for any purpose and is not obligated to state the reasons for requesting such leave. Once the Employer has approved the request from a unit employee to take any purpose leave, it shall not withdraw such approval except for good reason.

Leave should be requested and approved in advance before it can be taken. Leave need not be requested in advance when circumstances such as illness and/or emergencies prevent a unit employee from requesting leave in advance. In such cases, the unit employee will request leave as soon as possible.

A. When the wife of a unit employee is physically incapacitated by reason of pregnancy or complications resulting therefrom, 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 said physical incapacitation.

B. If, in the above situation, the unit employee does not have accrued leave, the unit employee may be granted advanced leave or Leave Without Pay upon request.

One or both adoptive parents may be granted Leave Without Pay or Any Purpose Leave 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. Such leave may be granted only immediately before and/or after the adoption.

Normally, Any Purpose Leave should not be taken during the first or last week of the school year. Exceptions may be granted when early departure or late arrival is necessitated by summer school attendance or other reasons acceptable to the Employer.

A unit employee may withdraw a request for paid leave or Leave Without Pay without penalty prior to the time such leave begins, provided that the Employer has reasonable time to withdraw any offer of employment which has been made to a substitute teacher prior to the time the substitute departs for the work site.

AWOL is an absence from duty which is not authorized or for which leave has not been requested or approved. Although AWOL is in itself nondisciplinary, disciplinary action may be taken when appropriate. An AWOL charge, upon request of a unit employee, may be charged to another leave status if the Employer, after a review of the circumstances, determines that such a change is warranted.

The Employer shall excuse a unit employee from duty without loss of pay and without charge to leave when such actions require the presence of the unit employee and cannot be accomplished outside the duty day for:

A. Packing, unpacking, and customs, or administratively required clearance of household goods and POV prior to shipment or upon receipt of shipment and when the unit employee is required to be present. When both husband and wife are employed by DoDDS, either may be excused. When the unit employee is a dependent of a military or civilian employed outside of DoDDS and has chosen to complete the school year after the spouse has been reassigned, the unit employee may be granted excused absence under this provision.

B. Movement to new quarters when such movement is officially directed by a U.S. Government agency based on the unit employee's DoDDS employment.

C. Seeking immediate medical attention for any injury sustained while on duty, except that this subparagraph shall not be construed as negating any rights under Worker's Compensation.

D. Conducting official business of a personal nature with military offices to include, but not limited to, matters relating to drivers' licenses, ID cards, passports, housing, finance and personnel. (Not to exceed one half day except in unusual circumstances which are acceptable to the supervisor.)

E. Conducting business with official offices (POV registration and inspection, etc.) and utility companies of the unit employee's host nation, required because of the unit employee's status as a foreigner in the host nation. (Not to exceed one half day except in unusual circumstances which are acceptable to the supervisor.)

A supervisor may excuse a unit employee from duty without loss of pay and without charge to leave for:

A. Attendance at a conference, convention, hearing, or meeting when it is determined that attendance will serve the best interests of the Federal Service.

B. Attendance at a school, parent, or installation-sponsored activity when it is determined that attendance will serve the best interests of the school or DoDDS.

C. Blood donations. (One Half Day)

D. In any other instance when, in the judgment of the supervisor, the requirement for the absence cannot be clearly differentiated from official business.

A. When a unit employee is performing initial travel overseas or is on the return portion of renewal travel and is delayed in reporting for duty solely through fault of the Government, the unit employee shall be paid for those duty days occurring prior to the date of arrival. When job offers are made less than fifteen (15) days before the beginning of the school year, the full school year salary shall not be paid. In such cases, salary will begin as of the date of arrival. Such determination will be made on an individual basis and documented in writing. Acts of God that serve to delay official transportation shall, in this context, be considered as the fault of the Government. Delinquency of the unit employee in requesting or reporting for travel shall be considered the fault of the unit employee.

B. If the Employer has directed summer recess training or education, including where and when, which requires departure prior to the end of the school year or arrival after the beginning of the school year as beneficial to the Government, the duty days missed by the teacher shall be excused without charge to leave or loss of pay. Such determinations will be made in advance on an individual basis and documented in writing.

A. The decision to release unit employees when schools close due to inclement weather or other emergencies is retained by the Employer.

B. 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 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.

Leave without pay is a temporary nonpay status and absence from duty, which may be granted upon the unit employee's request. The authorization of leave without pay is a matter of administrative discretion by the Employer.

A unit employee may be granted extended leave without pay for a requested period up to the maximum permitted by law for the following, not all inclusive, reasons:

A. education;

B. illness or disability;

C. illness or death of a member of the immediate family;

D. teacher exchange program;

E. service as an officer or representative of the Association;

F. maternity/paternity purposes to provide time for a period of adjustment and to make arrangements for the care of the child;

G. leave for adoption to provide time for a period of adjustment and to make arrangements for the care of the child;

H. not to exceed one school year from the beginning of the next school year to accompany a Government employee spouse to a new duty location.

Decisions on requests for extended leave without pay must be based on an

assurance that the unit employee will return to duty and that the value to the Government or the serious needs of the unit employee is sufficient to offset the costs.

A. "Unit employee" is a person employed on a permanent or temporary either full-time or part-time, but does not include a person employed on a substitute, when-actually-employed, or intermittent basis.

B. The term "judicial proceeding" includes any action, suit, or other proceeding of a judicial nature (including any condemnation, preliminary, informational, or other such proceeding), but does not include an administrative proceeding.

C. The word "summoned" does not intend that a subpoena be required, but that the summons be an official request, invitation, or call, evidenced by an official writing from the court or authority responsible for the conduct of the proceeding, thus excluding strictly voluntary appearances from court leave coverage.

D. The term "agency proceeding" as used in Section 7 of this Article means an agency process as defined by paragraphs (5), concerning rule making, (7), concerning adjudication, and (9), concerning licensing, of 5 U.S.C. 551.

When a unit employee is summoned or assigned by his/her agency to testify in his/her official capacity or to produce official records at a judicial proceeding, he/she is in an official duty status, as distinguished from a leave status, and entitled to his/her regular pay.

When a unit employee is summoned as a witness in a judicial proceeding to testify in a non-official capacity on behalf of a state or local government, he/she is entitled to his/her regular pay during the time he/she is absent as a witness.

When a unit employee is summoned or assigned by his/her agency to testify in a non-official capacity on behalf of the United States Government or the Government of the District of Columbia, he/she is in an official duty status as distinguished from a leave status, and is entitled to his/her regular pay.

When a unit employee is summoned as a witness in a non-official capacity on behalf of a private party in connection with any judicial proceeding to which the United States, the District of Columbia, or a state or local government is a party, he/she is entitled to his/her regular pay during the time he/she is absent as a witness.

If the witness serves in a non-official capacity on behalf of a private party not in connection with any judicial proceeding to which the United States, the District of Columbia, or a state or local government is a party, the unit employee's absence must be charged to leave or leave without pay, and he/she may accept fees and expenses incidental thereto.

A unit employee is entitled to travel expenses in connection with any judicial or agency proceedings to which he/she has been summoned (and is authorized by his/her agency to respond to such summons), or is assigned by his/her agency (1) to testify or produce official records on behalf of the United States or (2) to testify in his/her official capacity or produce official records on behalf of a party other than the United States.

(Upon Completion of Higher Education)

When a unit employee who has one or more full school years in the top step of the assigned salary schedule becomes eligible for salary advancement to a higher education salary schedule within the same class through completion of a higher level of education, the unit employee shall be advanced one step in the new salary schedule when said schedule contains more steps than the former schedule.

A. Hours of credit for use in setting unit employees' salary or in determining qualifications are restricted to semester hours of credit in courses or degrees earned from an accredited college or university, as listed in the United States Office of Education Directory. Education obtained at a non-accredited institution is acceptable to the extent it has been accepted for further studies at an accredited institution. Questions concerning the acceptance of credit or degrees from a non-accredited institution of higher learning shall be submitted through channels for individual determinations to the Office of Dependents Schools. The only credits or degrees (except for the Bachelor's degree pay lane) acceptable for pay purposes are those graduate level courses that may improve a unit employee's teaching ability in his/her current position/subject area or which may provide advancement to another position within DoDDS or which is in a discipline generally recognized as educationally oriented in content. Any other credits or degrees to be acceptable for pay purposes must be approved by ODS prior to commencement of such study.

B. A unit employee who completes the advanced education required to qualify for a salary under a higher education salary schedule shall be assigned the higher salary rate effective on the first day of the first pay period following the date the education was completed. Such adjustment shall be made upon receipt of written documentation in which the college or university concerned specifies the date when the unit employee completed the advanced education, or the date when the unit employee met the requirements for a specific degree.

Except for actions based upon personal cause or upon the unit employee's request, an employee moved, through no fault of the unit employee, from a pay schedule with a higher daily rate of pay to a pay schedule with a lower rate of pay (using the same step and academic lane for comparison) shall be entitled to pay retention in accordance with the provisions of this Article. To be eligible for pay retention, the unit employee must have held the higher rate for at least one calendar ye