PARTNERSHIP AGREEMENT

THE ADJUTANT GENERAL OF SOUTH CAROLINA

AND

LABORERS INTERNATIONAL UNION OF NORTH AMERICA LOCAL 117

TAG

21 February 2001

MEMORANDUM FOR ALL S.C. NATIONAL GUARD SUPERVISORS SUBJECT: Partnership Agreement

1. Continuing with the Partnership Agreement between The Adjutant General of South Carolina and Laborer's International Union of North America (LIUNA) Local 117, we have reached agreement on a new contract for our bargaining unit members. 2. The effectiveness of our Partnership Agreement will depend on the skill, flexibility, and commitment of union and agency representatives at work places throughout the South Carolina National Guard. Our partnership agreement will continue to champion change and transform our agency into an organization capable of delivering the highest quality service to the American people. 3. All supervisors who supervise one or more technicians are to become familiar with the new Partnership Agreement and comply with its content. A copy of the agreement can be found in the TAG-HR public folder. 4. If there are any questions or concerns after reviewing the Partnership Agreement, please contact TAG-HR, 1 National Guard Road, Columbia, SC 29201-4766 or call MAJ Gary Anderson at (803) 806-4354. 5. TAG-HR and Labor Organization Officials will be visiting our units in the near future to address any contractual issues you may have and discuss the overall administration of this agreement.

//signed// STANHOPE S. SPEARS MG, SCARNG THE ADJUTANT GENERAL

DEDICATION

This negotiated contract is dedicated to all South Carolina Army and Air National Guard Technicians for their LOYALTY, DEDICATION TO DUTY, AND THEIR PATRIOTISM TO STATE and COUNTRY.

TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS Chapter

Title

Page

1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13

Preamble……………………………………………………… Coverage……………………………………………………… Purpose of Agreement………………………………………… Laws and Regulations………………………………………… Meetings at the Local Level………………………………….. Meetings with the Employer…………………………………. Rights of Technician…………………………………………. Orientation of Employees……………………………………. Joint Responsibilities………………………………………… Employer Obligations………………………………………… Labor Organization Obligations……………………………... Rights of the Labor Organization……………………………. Impact and Implementation (I&I) Bargaining………………..

1 1 2 3 4 4 4 5 5 6 6 7 7

ARTICLE II WORK WEEK AND HOURS OF WORK 2.1 2.2 2.3 2.4 2.5 2.6 2.7

Basic Work Week……………………………………………. Irregular and Emergency Tours……………………………… Cleanup Time………………………………………………… Differential Pay………………………………………………. Overtime……………………………………………………… Rest Periods…………………………………………………... Lunch Periods…………………………………………………

8 8 9 9 9 9 10

ARTICLE III ATTENDANCE AND LEAVE 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8

General………………………………………………………... Official Time for Civil Activities……………………………... Excused Absence……………………………………………… Official Time for Labor Organization Officials and Representatives…………………………………………… Sick Leave…………………………………………………….. Annual Leave………………………………………………….. Court Leave……………………………………………………. Leave of Absence………………………………………………

i

11 11 11 12 12 14 14 15

Chapter

Title

Page ARTICLE IV LABOR ORGANIZATION REPRESENTATION

4.1 4.2 4.3

Policy…………………………………………………………... Labor Organization Officials…………………………………... Representation During Deployment……………………………

16 16 16

ARTICLE V GRIEVANCE PROCEDURES 5.1 5.2 5.3

General…………………………………………………………. Representation………………………………………………….. Negotiated Grievance Procedures………………………………

17 18 19

ARTICLE VI ARBITRATION PROCEDURES 6.1

Policy……………………………………………………………

23

ARTICLE VII MEDIATION 7.1 7.2

Policy…………………………………………………………… Procedures……………………………………………………….

25 25

ARTICLE VIII UNFAIR LABOR PRACTICES 8.1

Responsibilities………………………………………………….

26

ARTICLE IX DISCIPLINE AND ADVERSE ACTIONS 9.1 9.2 9.3 9.4

Discipline……………………………………………………….. Adverse Actions………………………………………………… Procedures……………………………………………………… Representation…………………………………………………..

ii

28 29 30 31

Chapter

Title

Page

ARTICLE X EQUAL EMPLOYMENT OPPORTUNITY (EEO), EQUAL OPPORTUNITY (EO) PROGRAM AND EEO COUNSELORS 10.1 10.2 10.3 10.4 10.5

Policy…………………………………………………………… Programs………………………………………………………... Equal Employment Opportunity (EEO) Complaint Procedures... Adjustments……………………………………………………... Counselors and Mediators……………………………………….

32 32 32 33 34

ARTICLE XI TECHNICIAN ASSISTANCE PROGRAM 11.1 11.2 11.3

Policy……………………………………………………………. Program Responsibility…………………………………………. Personnel Actions………………………………………………..

36 36 36

ARTICLE XII HEALTH AND SAFETY 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12

General………………………………………………………….. State Safety Committee…………………………………………. Local Safety Committee………………………………………… Work Situation…………………………………………………... Health and Safety Publications………………………………….. Health/Safety Inspections and Accident Investigations………… Medical Surveillance Program………………………………….. Health Benefits………………………………………………….. Emergency Data Record………………………………………… Smoking Policy…………………………………………………. Heat and Cold Extremes………………………………………... Threats and Violence……………………………………………

37 37 38 38 39 39 39 40 40 40 40 41

ARTICLE XIII ENVIRONMENTAL DIFFERENTIAL PAY (EDP) & HAZARDOUS DUTY PAY (HDP) 13.1 13.2 13.3 13.4

Policy…………………………………………………………… Coverage………………………………………………………... Establishment of Environmental Differentials………………….. Identifying New Work Situations………………………………..

iii

42 42 42 43

Chapter

Title

13.5 13.6

Payment of Environmental Differentials……………………….... Environmental Differential Pay/Hazardous Duty Pay (EDP/HDP) Committee………………………………………………………... Retroactive Payment of Environmental Differential Pay (EDP)…

13.7

Page 43 44 44

ARTICLE XIV POSITION DESCRIPTION AND CLASSIFICATION 14.1 14.2 14.3 14.4 14.5

Scope of Employment……………………………………………. Changes in a Position Description………………………………... Appeals…………………………………………………………… Review of Position Description…………………………………... Position Classification…………………………………………….

45 45 45 45 46

ARTICLE XV PERFORMANCE AND APPRAISAL SYSTEM 15.1 15.2 15.3 15.4 15.5 15.6

Policy……………………………………………………………... Responsibilities…………………………………………………… Personnel Actions Based Upon Performance……………………. Unacceptable Performance………………………………………. Definitions……………………………………………………….. Appeals…………………………………………………………...

47 47 48 49 49 50

ARTICLE XVI INCENTIVE AWARDS 16.1 16.2 16.3 16.4 16.5 16.6

General…………………………………………………………... Program Objectives……………………………………………… Program Scope…………………………………………………... Program Administration…………………………………………. Incentive Awards Committees…………………………………… Program Promotion……………………………………………….

52 52 52 53 53 53

ARTICLE XVII MERIT PROMOTION AND PLACEMENT (MPP) OPPORTUNITIES 17.1 17.2 17.3 17.4 17.5

Policy……………………………………………………………... Objectives of the Merit Promotion and Placement (MPP) Policy... Position Announcements..………………………………………... Announcements…………………………………………………… Application Supply File……………………………………………

iv

54 54 54 55 55

Chapter

Title

Page

17.6 17.7 17.8 17.9 17.10

Areas of Consideration……………………………………………. Evaluation Criteria………………………………………………… Exceptions to Competition………………………………………... Referral of Candidates…………………………………………….. Selection Procedures………………………………………………

56 56 56 57 57

ARTICLE XVIII REDUCTION IN FORCE (RIF) 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12

General……………………………………………………………. Policy……………………………………………………………… Employer Responsibilities………………………………………… Competitive Area………………………………………………….. Competitive Level………………………………………………… Establishment of Retention Registers...…………………………… Performance Appraisal……………………………………………. Release from Competitive Levels………………………………… Minimizing the Effects of Reduction in Force (RIF) Through Early Retirement………………………………………………….. Reduction in Force (RIF) Notices………………………………… Placement Action…………………………………………………. Appeals……………………………………………………………

59 59 60 60 60 60 61 61 61 62 63 64

ARTICLE XIX CONTRACTING OUT 19.1 19.2

General…………………………………………………………… Third Party Intervention…………………………………………..

65 65

ARTICLE XX TRAINING/EDUCATION 20.1 20.2 20.3 20.4 20.5

General…………………………………………………………… Training Program………………………………………………… Training Option………………………………………………….. Notification of Training Availability…………………………….. Schools……………………………………………………………

v

66 66 66 66 66

Chapter

Title

Page ARTICLE XXI TRAVEL AND TEMPORARY DUTY (TDY)

21.1 21.2 21.3 21.4 21.5 21.6

Per Diem………………………………………………………... Travel Notification……………………………………………… Quarters…………………………………………………………. Compensatory Time…………………………………………….. Telephone Calls…………………………………………………. Travel Options…………………………………………………...

67 67 68 68 68 69

ARTICLE XXII DUES AUTORIZATION & REVOCATION PROCEDURES 22.1

Allotments………………………………………………………..

70

ARTICLE XXIII USE OF FACILITIES 23.1 23.2 23.3 23.4

Space for Labor Organization Meetings and Training…………... Bulletin Boards…………………………………………………... Interoffice Mail…………………………………………………... Office Space and Equipment……………………………………...

72 72 72 72

ARTICLE XXIV WAGE SURVEYS 24.1 24.2 24.3 24.4

General……………………………………………………………. Requests for Wage Surveys...……………………………………... Organization, Functions, and Responsibilities……………………. Wage Survey Data…………………………………………………

73 73 73 73

ARTICLE XXV PUBLICATIONS 25.1 25.2 25.3

Publications……………………………………………………….. Manning Documents……………………………………………… Access to Management Directives………………………………...

vi

74 74 74

Chapter

Title

Page ARTICLE XXVI AGREEMENT ADMINISTRATION

26.1 26.2 26.3 26.4 26.5

Effective Date…………………………………………………….. Agency Approval…………………………………………………. Agreement Duration………………………………………………. Agreement Amendment…………………………………………… Negotiating a New Agreement…………………………………….

75 75 75 75 76

ARTICLE XXVII PARTNERSHIP COUNCIL 27.1 27.2

Partnership Goals…………………………………………………. Communications…………………………………………………..

77 77

ARTICLE XXVIII FITNESS PROGRAM 28.1

SCNG Fitness Program……………………………………………

78

ARTICLE XXIX THE UNIFORM 29.1

Uniform Requirement……………………………………………..

79

ARTICLE XXX OTHER ASSIGNMENTS 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8

Details…………………………………………………………….. Emergencies………………………………………………………. Rotation…………………………………………………………… Personnel Actions…………………………………………………. Temporary Promotion…………………………………………….. Other Duties as Assigned…………………………………………. Specific Duties……………………………………………………. Lunch and Sanitation Facilities……………………………………

Vii

80 80 80 80 80 80 81 81

ARTICLE I GENERAL PROVISIONS

Section 1.1 - Preamble: WHEREAS the Congress finds that-1. Experience in both private and public employment indicates that the statutory protection of the right of the employees to organize, bargain collectively, and participate through labor organization of their own choosing in decisions which affect them-a) safeguard the public interest, b) contributes to the effective conduct of public business, and c) facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment; and 2. The public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government. 3. This Agreement is entered into under the provisions of appropriate Federal laws and regulations between the Adjutant General (TAG) of South Carolina, hereinafter referred to as the "Employer," and the Labor Organization representing South Carolina Army and Air National Guard Technicians, hereinafter referred to as "Labor Organization" or "Local." Section 1.2 - Coverage: 1. It is hereby certified that the Labor Organization has been designated and selected by a majority of technicians of the South Carolina National Guard (SCNG) as their representative for the purpose of exclusive recognition, and that pursuant to 5 U.S.C., Chapter 71, the said organization is the exclusive representative of all technicians in such unit: 2. INCLUDED: All South Carolina Army and Air National Guard (SCARNG & SCANG) wage grade and general schedule technicians employed in the State of South Carolina. 3. EXCLUDED: All managerial and supervisory technicians, to include those technicians involved with Federal civilian personnel work in other than purely clerical capacity and professional technicians. 1

4. This agreement, to include all Articles therein, is applicable to identified bargaining unit technicians in the South Carolina Army National Guard and the South Carolina Air National Guard. 5. It is agreed that for the purpose of this agreement, reference to the word "he" is intended to include both the masculine and feminine genders, unless otherwise specifically addressed herein. 6. The Adjutant General of South Carolina enters into this Agreement under the provisions of PL 90-486, which gives him the statutory function of employing and administering technicians as Federal employees. Section 1.3 - Purpose of this Agreement: 1. This Agreement sets forth the respective roles and responsibilities of the parties; procedures and methods that govern the working relationship between the parties; and indicates the nature of the subject matter of proper mutual concern. The employer and the Labor Organization agree that the parties have had full and fair opportunity to bargain on all aspects of all the topics contained in this Agreement and that this Contract represents the party's full, final and complete agreement on all aspects of the topics included in the Agreement for the life of the Contract. The purpose of the parties in entering into this Agreement is to, but not limited to: a) Insure technician participation in the formulation of personnel policies and procedures through Impact and Implementation (I&I) bargaining by the Labor Organization; b) Provide the highest degree of efficiency and responsibility in accomplishing the mission of the Employer. c) Promote systemic Labor-Management cooperation; d) Facilitate the adjustment of grievances and disputes to a fair and equitable solution; e) Establish the procedures and methods that will hereinafter govern the working relationships between the parties; and f) Express the full agreement of all parties and shall govern those areas covered in this Contract, and that the parties will be bound by the terms of this Agreement.

2

2. The Labor Organization agrees to support the Employer in its efforts to eliminate waste, combat absenteeism, conserve materials and supplies, insure timely completion of work, improve the quality of workmanship, encourage the submission of improvements and costs reduction ideas, prevent accidents, and promote the development of good will. Section 1.4 - Laws and Regulations: At the election of the Agency or the Labor Organization, nothing in this section shall preclude Management or the Labor Organization from negotiating on the numbers, types, and grades of Employees or positions assigned to any organizational subdivision, work project, or tour of duty, or in the technology, methods and means of performing work. The Agency will continue to involve the labor organization “up front” in matters involving classification changes, RIFs, reorganizations, realignments, etc. 1. It is agreed that in the administration of all matters covered by the Agreement, officials and technicians are governed by existing or future laws and regulations of appropriate authorities, by published Agency policies, and by regulations in existence at the time the Agreement was approved. 2. Management officials of the Agency retain the right, in accordance with applicable laws and regulations: a) To direct technicians of the Agency; b) To hire, promote, transfer, assign, and retain technicians in positions within the Agency; c) To suspend, demote, discharge, or take disciplinary action against technicians for just cause; d) To relieve technicians from duties because of lack of work or for other legitimate reasons; e) To maintain the efficiency of government operations entrusted to them; f) To determine the methods, means, and personnel by which such operations are to be conducted; and, g) To take whatever actions may be necessary to carry out the mission of the Agency during emergencies.

3

Section 1.5 - Meetings at the Local Level: It is agreed that the local senior management official or his representative will meet at the request of the Labor Organization on a quarterly basis at times mutually agreed to with the local President or Labor Organization representative to confer and attempt to resolve appropriate matters. For the regular meetings, subject matter will be exchanged in advance of the meeting. For other meetings, the party requesting the meeting will furnish the subject matter in advance of the meeting. Section 1.6 - Meetings with the Employer: The employer or his representatives and representatives of the Labor Organization shall meet at the request of either party and confer in good faith with respect to personnel policies, practices and matters affecting working conditions so far as may be appropriate under applicable laws, regulations, published Agency policies and national controlling agreements at a higher level. Subject matter will be exchanged in advance of the meeting. Section 1.7 - Rights of Technicians: 1. As per Title 5 U.S.C., Chapter 71, Congress mandates 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 each Employee shall be protected in the exercise of such right. Except as otherwise provided, such rights include the right: a) To act for the Labors' International Union of North America in the capacity of a Representative and the right in that capacity to present the views of the Members of the Labor Organization to the heads of the agencies and other officials of the Executive Branch of the Government, the Congress; or other appropriate authorities. b) To engage in collective bargaining with respect to conditions of employment through Representatives chosen by the employees. 2. An employee has the right to be represented by the Labor Organization at any formal meeting concerning any grievance, personnel policy or practices or other general condition of employment. 3. An employee has the right to be represented by the Labor Organization at any formal meeting if the employee believes the meeting may result in disciplinary action against the employee and the employee requests representation (Weingarten Right).

4

a) Employees will be provided, in the technician newsletter, written notification of the right to have Labor Organization representation at any Management initiated investigation that may result in disciplinary action. b) Management will include the Weingarten Rights notification in the employee orientation package. c) During a Management-initiated investigation, employees will be advised of their Weingarten Rights prior to questioning. 4. Neither Management nor the Labor Organization will take reprisal action against employees for the exercise of any appeal right granted by law, rule, regulation, or this Agreement. 5. Every employee, Labor Organization representative, and supervisor or management official has the right to be treated with the common courtesy and consideration normal in an employer-employee relationship. 6. Employees shall be kept informed of rules, regulations and policies under which they are obligated to work. 7. An employee’s right to confidentiality will be protected during any admonishment, counseling or disciplinary action. Section 1.8 - Orientation of Employees: 1. All new employees shall be informed by management that the Labor Organization is the exclusive representative of employees in the bargaining unit. 2. The Labor Agreement and a list of all union officials and stewards will be made available to all employees. The Agency will post the Labor Agreement on applicable shared network which can be printed and distributed in work sections. Section 1.9 - Joint Responsibilities: 1. Correspondence. Correspondence between the Employer and the Labor Organization shall be answered by either party within ten (10) work days, or less, of receipt of said correspondence. This time limit does not supersede other time requirements as stated in other articles of the Labor Agreement. The Employer and the Labor Organization agree that all inquiries relating to technician matters will be processed through the Labor Organization and the administrative channels in a timely manner and that the technician will be provided with a timely reply to the inquiry.

5

2. Both Management and the Labor Organization will undertake joint training of technician supervisors, employees, Labor Organization officials and shop stewards as soon as possible on the terms of the Agreement. 3. Identification of Facts. In accordance with governing laws and regulations, the Employer and the Labor Organization agree that neither party shall present a charge, defamation, intimidation, or wrongdoing against a person or an employee of the technician program without a complete identification of the facts to include identification of the accusing party or parties. 4. The Employer and the Labor Organization will produce and furnish a copy of this Agreement to all presently employed technicians, within ninety days of final approval. Section 1.10 - Employer Obligations: 1. The Employer will maintain organizational charts in each major work area which will show all technician positions. Charts will be updated on an annual basis. 2. The Employer agrees to furnish annually to the Labor Organization, when requested, for internal use only, a list of bargaining unit positions to include: names, grades, organizational mailing addresses, and position titles. 3. The Employer agrees to notify the Labor Organization prior to implementation of any changes in personnel policies, practices, and matters affecting working conditions. 4. The Employer agrees, whenever possible, within space and funding limitations, to furnish each technician with a personal locker. Section 1.11 - Labor Organization Obligations: The Labor Organization agrees to furnish the Employer, and maintain on a current basis, a complete list of all Labor Organization officers and stewards to include information on the work area that each steward represents and the steward's work phone number. Personnel not appointed by the Labor Organization as officers or stewards will not be allowed to perform official representational functions, nor will they be allowed the use of official time. The Labor Organization may appoint bargaining unit representatives by telephone with the appointment to be accomplished in writing within ten (10) working days.

6

Section 1.12 - Rights of the Labor Organization: 1. A representative of the Labor Organization shall have the right to be present during any formal discussion of personnel management policies between Management and a technician or technicians represented in the bargaining unit. 2. Labor Organization representatives shall be excused from duty without loss of pay or charge to leave to receive information, to include informational meetings with Management relating to matters of mutual concern to the Employer and the Labor Organization. Areas of mutual concern may include matters relating to pay, working conditions, work schedules, technician grievance procedures, performance ratings, adverse action appeals, as well as Agency policies and negotiated agreements pertaining to them. 3. A technician who is elected or appointed to serve full-time as a national representative or officer with the Labor Organization may at the discretion of his Employer be granted Leave Without Pay (LWOP) for up to four years. The technician's rights and privileges will be protected under the provisions of the applicable portions 5 U.S.C., Section 7102. 4. The Employer agrees that there shall be no restraint, interference, or coercion against any Labor Organization official or steward, and that no officer or steward will be transferred from one work assignment to another for the purpose of discrimination against such officer or steward because of their performance of proper Labor Organization functions. 5. The Employer will provide to the Labor Organization the names and work locations of new technicians. 6. The Labor Organization shall be represented on all agency level committees affecting working conditions of unit employees. Section 1.13 - Impact and Implementation (I & I) Bargaining: In accordance with 5 U.S.C., Chapter 71, the Labor Organization will be afforded its rights to request I&I bargaining on conditions of employment, to include personnel policies, practices and matters affecting working conditions at the state or local level. Matters that significantly affect more than one work area will be conducted at the State level.

7

ARTICLE II WORK WEEK AND HOURS OF WORK Section 2.1 - Basic Work Week: 1. An administrative work week (basic) consists of a period of seven (7) consecutive calendar days during which the technician's workdays are designated in advance. 2. A pay period consist of two (2) consecutive work weeks. A minimum of eighty (80) hours is the prescribed duty time for a pay period. 3. Normally, work schedules shall be established so that all technicians will benefit from a maximum of consecutive days off. 4. The hours of duty for all employees will be administered according to the previously agreed to Alternate Work Schedule (AWS) Policy. Section 2.2 - Irregular and Emergency Tours: When it becomes necessary to schedule work outside the normally scheduled workday, such work shall be implemented with consideration of the following factors: 1. Need; 2. All technicians within the affected areas will participate on an equal basis with due regard to their particular skills and voluntary assignments; 3. In those cases where use of regular tour of duty would seriously handicap the performance of a function, other tours may be established. The necessity for an irregular tour will be explained to the technician affected. The technician's views should be obtained as to the exact tours to be established. In emergency situations, the senior employee at the work location shall have the right to establish tours of duty, without prior notice, and to continue those tours of duty until the emergency situation is ended; and 4. The Labor Organization will be informed of any emergency situations as soon as possible upon discovery of the incident. The Labor Organization will be provided the specific circumstances surrounding the emergency, to include the actions taken by Management and the expected duration.

8

Section 2.3 - Cleanup Time: Supervisors will allow a reasonable amount of time for technicians to clean up immediate work areas and put away tools and equipment. When it becomes necessary, a supervisor may assign tasks requiring technicians to perform needed work, still job-related, during the cleanup periods. This cleanup time is not to be used as a clothes changing period. Section 2.4 - Differential Pay: Technicians assigned to a regularly scheduled night shift or early morning shift will receive the shift differential in accordance with applicable directives. Section 2.5 - Overtime: 1. Technicians in the unit shall not be required to perform any work or duty before or after scheduled work hours, without compensating the technician for all such work or duty. In accordance with existing regulations, such technicians shall be granted an amount of compensatory time off from their scheduled tour of duty equal to the amount of time spent by them in irregular or overtime work before or after scheduled work hours. 2. Overtime work will be kept to a minimum, consistent with good mission management, as determined by the senior manager present at the work location. A technician assigned to overtime may be relieved from his assignment, provided he has a valid reason and there is a technician available who is capable of performing in his place. Except for unforeseen circumstances, supervisors will notify technicians 36 hours in advance of all overtime assignment. 3. Any callback overtime that caused any technician to return to work will be compensated at the rate of no less than two (2) hours. 4. The Employer agrees that any full-time technician within the unit who is required to work on a Sunday as part of his basic scheduled work week, is entitled to pay at his rate of basic pay plus premium pay. Such premium pay will be at a rate established by existing regulations. Section 2.6 - Rest Periods: 1. Rest periods granted in accordance with these provisions are considered duty time and include in the daily tour of duty: a) A rest period may not exceed fifteen (15) minutes in duration.

9

b) The rest period may not be combined with the lunch period or at the end or beginning of the duty day. c) Rest periods are not required to be taken at any specific time. 2. Additional short periods during the daily tour will be permitted when such periods are beneficial and/or necessary. Criteria for determining rest periods are as follows: a) Protection of a technician's health by relief from extreme temperature, hazardous work or from that which requires continual and/or considerable physical exertion. b) Reduction of accident rate by removal of fatigue potential. c) Working in confined spaces or in areas where normal personnel activities are restricted. d) Increases in or maintenance of higher quality and/or quantity production traceable to the rest period. Section 2.7 - Lunch Periods: Lunch periods, during which the technician is free of duty in connection with his job, may not be considered duty time and must be scheduled outside the hours established for the daily tours of duty.

10

ARTICLE III ATTENDANCE AND LEAVE Section 3.1 General: It is agreed that attendance and leave policies for bargaining unit members shall be administered in accordance with this Agreement and applicable regulations. Section 3.2-Official Time for Civil Activities: Technicians may be excused for short periods to participate in civil activities the SCNG or Federal Government is interested in encouraging. Before granting excused absence, it should be determined that such participation is in the best interest of the SCNG or the Federal Government. All requests for excused absences will be forwarded to HRO for approval. Section 3.3-Excused Absence: 1. An excused absence is an absence from duty administratively authorized without loss of pay and without charge to leave. 2. Examples for which excused absences may be granted: a) To attend conferences whenever it is determined by the Employer that such attendance will serve the best interest of the Federal Government. b) To undergo a mental or physical examination as a condition for continued employment or promotional opportunity in the National Guard. c) Voting: Employees may be excused by the immediate supervisor for a reasonable time, when practical to do so without seriously affecting operations, to register or vote in any election or referendum without charge to leave. An employee may be excused from duty so as to permit them to report for work three (3) hours after the polls open or permit him to leave work three (3) hours before the polls close whichever results in the lesser amount of time off. Under unusual circumstances (where the commuting distance to the poll or place of registration is considerable), an employee may be excused for up to a full day. d) Employees who are administering, planning, training and preparing to participate in a military funeral as a pallbearer, member of an Honor Guard, or member of a firing squad. e) To donate blood for the period of time necessary, normally not to exceed four (4) hours. It is recognized that the individuals involved are expected to return to duty upon release by competent medical personnel. 11

3. The employer shall make every reasonable effort to ensure the health, safety, and well-being of technicians. Under emergency conditions which result in the loss of heat, water, power, etc., administrative dismissal of technicians will be as directed by the senior supervisor, who will be designated by the Adjutant General. The HRO will have the authority to grant excused absence, with pay, when conditions warrant. This policy supercedes any other policy relating to administrative dismissal published by the Agency. An excused absence may be granted because of inclement weather, emergencies or acts of nature. Section 3.4-Official Time for Labor Organization Officials and Representatives: 1. Labor Organization officials designated to attend Labor Organization or Management sponsored training sessions or seminars, pertaining to matters of mutual concern to the Employer and the Labor Organization, will be authorized Official Time under the following criteria: 2. The Labor Organization will advise the supervisors of those personnel authorized to attend the scheduled events. An information copy of the specific official time memo will be provided to HRO (in advance whenever possible). Authorized Official Time for Labor Organization Officials and Stewards, shall be permitted during the workday, without loss of leave or pay, to effectively represent employees. Time for representational functions is applicable, but not limited to the following situations and conditions: a) Preparations for and negotiations. b) Reasonable time for a Labor Organization observer of a complaint, grievance, or appeal action, to observe the proceedings to their conclusions. c) Reasonable time for receiving, investigation, preparing and presenting a complaint, grievance, or appeal. d) Reasonable time for the Secretary/Treasurer to respond to correspondence and file necessary reports. e) Reasonable time for representational purposes as determined by the Labor Organization and the HRO. Section 3.5-Sick Leave: 1. Sick Leave for medical, dental or optical appointments will normally be requested and approved in advance.

12

2. In accordance with the Federal Employees Family Friendly Leave Act, Sick Leave may be authorized: a) To provide care for a family member as a result of physical or mental illness, injury, pregnancy, childbirth, or medical, dental optical examination or treatment. b) To make arrangements necessitated by the death of a family member or to attend the funeral of a family member. 3. Employees will notify their supervisor when they will be unable to report for work because of incapacitating illness or injury. When the need for sick leave is unforeseen, the employee will request Sick Leave no later than one hour after the start of his regular shift on the first working day of his absence, unless the circumstances of his illness or injury render notice impossible. When absence for incapacitating illness or injury will be for a period of more than one week, it is the employee’s responsibility to keep the Employer informed of his status and the date he expects to return to duty. 4. Medical certificates may be required by the supervisor under the following conditions: a. abuse of sick leave; or b. absences in excess of three (3) work days. 5. If a technician sustains a traumatic job-related injury while on duty, he will be placed in a continuation of pay status for the period of the disability provided work stoppage occurred within forty-five (45) days from the date of injury. This should not exceed forty-five (45) calendar days for each case, as evidenced by a signed doctor’s report and pending adjudication by the US Department of Labor. The forty-five (45) calendar days are cumulative for each case and may be used for follow-on-medical care after return duty, provided the authorized forty-five (45) days have not been exceeded and no more than forty-five (45) days have elapsed since the date of first returning to work. If the absence from duty for a job related injury continues beyond the allotted 45 days, the technician’s pay status may be covered through the use of authorized leave, or under existing Worker’s Compensation provisions, or a combination of both. Early filling of the claims forms (CA-1 for injury or CA-2 for illness) is essential to assure full coverage for any job related injury or illness. 6. Requests for donated leave may be made through the supervisor to the HRO in writing. The request will include the number of hours applied for and proper justification.

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Section 3.6-Annual Leave: 1. Annual Leave which has been accrued in accordance with applicable regulations will be administered on an equitable basis. Annual Leave credited to a technician’s leave account may be granted at any time during the year. If the leave approving official deems it necessary to cancel previously approved leave because of specific mission-essential requirements, the technician will be personally informed by the disapproving official of the reason for such action. 2. Requests for annual leave will normally be submitted in writing in advance to the supervisor for approval on Standard Form 71. The supervisor will endeavor to grant leave in the amount requested, and available, by each technician and at the time the technician considers convenient and desirable. When there is a conflict between technicians in the same work section desiring the same vacation period, the conflict shall be decided on a first come/first serve basis. Changes in scheduled leave may be allowed by the supervisor provided another technician’s previously approved selection is not involuntarily disturbed by the change. 3. Absences which could not be planned and approved in advance must be reported to the technician’s first-line supervisor or other designated person within one hour of his regular reporting time, if at all possible. 4. The Employer agrees to maintain a reasonable leave policy. The technician’s supervisor will be authorized to approve requests for unscheduled Annual Leave. 5. Each Army/Air National Guard installation will provide dates of all scheduled activities to technicians which normally require their presence to accomplish specific missions for the current leave year with as much prior notice as possible. Changes in scheduled activities and mission requirements will be made known to the affected technicians with as much prior notice as possible. 6. Requests for advanced annual leave may be made through the supervisor to the HRO in writing. The request will include the number of hours applied for and proper justification. Section 3.7-Court Leave 1. Court Leave is leave with pay for the period of time a technician spends in court for duty as a juror or as a witness in judicial proceedings. Court Leave will be extended to a technician when he is summoned to appear, as a witness in judicial proceedings on behalf of a Federal, State, or local government, or when he is required to perform jury duty in a Federal, State, County or Municipal court. 14

2. Evidence of Court Service. The request to appear in court should be presented to the supervisor as far in advance of the actual court day as possible. Upon return to duty, the technician will submit written evidence from the court reflecting the dates of his attendance in court. Notation should be made on the time and attendance report for the day(s) of Court Leave granted while absent from his regularly scheduled duties. Court leave is charged on an hourly basis. If a technician is dismissed by the court prior to the end of the normal work day, (if after travel time there is useful time left in the work day) the technician must either report to work or, at minimum, call the supervisor who would then release the technician for the remainder of the work day and, if necessary, determine the technician’s leave status. Section 3.8-Leave of Absence: 1. Technicians may be granted a leave of absence without pay in accordance with applicable Federal laws and regulations. 2. A technician returning to duty from an approved leave of absence (for purposes other than military duty) will be returned to the position held at the time his leave commenced, unless prevented by extenuating circumstances. The Employer is required to notify technicians of any changes which occur in their full-time position during a leave of absence. Approved leave of absence for military duty is covered by USERRA. 3. It is the individual’s responsibility to provide the Employer with an address where he may be reached during a leave of absence.

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ARTICLE IV LABOR ORGANIZATION REPRESENTATION Section 4.1-Policy: The Employer and the Labor Organization agree to the establishment of steward positions. The Labor Organization will provide the Employer with a listing of the designated stewards and the work locations represented by each of the stewards. The listing will be updated by the Labor Organization as changes to the steward assignments occur. Section 4.2-Labor Organization Officials: Labor Organization officials, subject to security regulations, will be allowed to visit an installation and/or meet with a technician or local Labor Organization official for the purpose of accomplishing lawful Labor Organization business. The Labor Organization will notify the Employer, or his designee, prior to each visitation as far in advance as possible. The visiting Labor Organization official will be identified and the technician Management official or Labor Organization officer to be visited. Should pressing mission requirements or emergencies preclude a request from being honored, the Employer will discuss the situation with the Labor Organization and arrange an alternate time and/or date. The request will be made in writing to the HRO. Section 4.3-Representation During Deployment: In the event of a deployment, when there is a requirement for technicians to participate in the deployment, a member of the Labor Organization may be designated to serve as a point of contact for the participating bargaining unit member(s). This representative will be responsible to assist the member(s) to secure information relative to personnel problems experienced during the course of the deployment. The designated Labor Organization representative will have the authority to bring such concerns to the attention of the senior management official for resolution. When a problem or concern surfaces during the deployment which cannot be resolved, it may be processed using the negotiated grievance procedures upon return to home station. Such concerns will be included in the post-mission report for further review and evaluation. If the issues concerning the technician are purely military in nature, the Labor Organization will refrain from action on such matters, and therefore, such matters will not be open for negotiation or filing of grievances or ULPs. If a Labor Organization official or steward is deployed, the Labor Organization retains the right to appoint someone to temporarily assume his duties in his absence.

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ARTICLE V GRIEVANCE PROCEDURES Section 5.1-General: 1. A grievance means any complaint: a) By a technician concerning any matter relating to the employment of the technician; b) By the Labor Organization concerning any matter relating to the employment of any technician; or c) By any technician, the Labor Organization, or the Employer concerning: i) The effect or interpretation, or a claim of breach of the Agreement; or ii) Any claimed violation, misinterpretation, or misapplication of any law, rule or regulation affecting conditions of employment. 2. The Employer and the Labor Organization agree that the negotiated procedure is the exclusive procedure available to the Labor Organization and the technicians in the bargaining unit for the processing of grievances, except where the aggrieved is provided a choice of the negotiated grievance procedure or a statutory procedure under the provisions of 5 U.S.C, Chapter 71. It is agreed that this negotiated procedure is a full coverage procedure except for those matters specifically excluded from the coverage of this Agreement. 3. The Employer and the Labor Organization agree that normal day-to-day discussions between technicians and supervisors are the most constructive means of developing effective work relationships and are not considered to be formal discussions or grievances. This procedure provides a means for the prompt and orderly consideration and resolution of technician grievances. 4. It is the policy of the Employer that all technicians have a right to present their grievances to the appropriate Management officials for prompt consideration and equitable decision. In exercising this right, the technician and his representative will be free from restraint, coercion, discrimination, or reprisal. 5. Matters excluded from the negotiated grievance procedures are: a) Any claimed violation relating to prohibited activities (Hatch Act violations); b) Retirement, life insurance, or health insurance;

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c) A suspension or removal under Chapter 7532 (National Security) of Title 5, United States Code (USC); d) Any examination, certificate or appointment; e) The classification of any position which does not result in the reduction in grade or pay of an employee; f) Appeals of a Performance Appraisal filed in accordance with Technician Personnel Regulation (TPR) 430. g) Non-selection for appointment promotion from among properly rated and certified candidates for promotion, or form any other appropriate source as provided for in the Merit Placement Plan contained in this agreement. h) The termination of a temporary, indefinite, probationary or trial period employees. i) Items covered in 32 U.S.C. 709(f). 6. If an Equal Employment Opportunity (EEO) complaint cannot be resolved at the informal grievance level, an aggrieved technician may only raise EEO complaints under statutory EEO procedures. An individual filing an EEO complaint using these procedures may: a) Appeal the Adjutant General’s decision to the EEO Commission (EEOC); and b) Appeal the EEOC decision to court. Section 5.2-Representation: 1. The Labor Organization has the right, in its own behalf or on the behalf of a technician in the bargaining unit, to present and process grievances. 2. A technician may be represented by the Labor Organization or choose to represent himself in any grievance(s) or appeal action. Both the technician and the representative, if the representative is a technician in the SCNG, will be given official time to investigate, prepare and present the grievance(s). In all cases where a technician is represented, the representative will be required to adhere to the same rules of conduct and procedures as the technician.

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3. Bargaining Unit personnel not appointed by the Labor Organization as officers or stewards will not be allowed to perform official representational functions, nor will they be allowed the use of official time. The Labor Organization may appoint bargaining unit representatives by telephone with the appointment to be accomplished in writing within 10 working days. 4. The Labor Organization agrees to appoint Union officials consistent with the terms of this Agreement. In those instances where the appointed official is not available, the Labor Organization may appoint an alternate official to act on its behalf, with notification as outlined in Section, 5.2.3 (preceding paragraph). Section 5.3-Negotiated Grievance Procedures: 1. The Employer and the Union recognize the importance of settling disagreements and disputes promptly, fairly, and in an orderly manner. To accomplish this, every effort will be made to settle grievances expeditiously and at the lowest level of supervision authorized. All time limits, at any step in this article may be extended by mutual consent of both parties involved. 2. A grievance may be undertaken by the Union, the employer, an employee or group of employees. Only a representative appointed by the labor organization may represent employees in such grievances. However, any employee or group of employees may personally present a grievance and have it adjusted without representation by the Union provided that the Union will be a party to all the discussions and the grievance process. In exercising their rights to present a grievance, employee and employee representatives will be unimpeded and free from restraint, coercion, discrimination or reprisal. 3. GRIEVANCE PROCEDURES: a) (INFORMAL) FIRST STEP – The employee and/or his representative, if he so chooses, shall discuss the grievance and attempt to solve the grievance with the first line supervisor. The grievance will be presented verbally. The grievance must be initiated within fifteen (15) working days of the act resulting in the grievance except as otherwise outlined in the merit promotion procedures. If the grievant is dissatisfied with the solution obtained during this step, he must resort to the Formal Procedure described in the next step. The supervisor must inform the grievant of his decision as soon as possible but within three (3) workdays after it is presented by the grievant and/or his representative.

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b) (FORMAL) SECOND STEP – The grievant will, in this step, reduce his grievance to writing within five (5) workdays and include a clear, detailed statement of the problem, a clear statement of the remedial action or relief sought and the signature of the employee and his designated labor organization representative, if he chooses one. See the form following this section as a suggested format. This written resume of the grievance will then be given to the immediate supervisor for signature. The supervisor may adjust the grievance at this step or he may continue to sustain his original decision; in either case, the supervisor will return the signed resume back to the grievant within five (5) workdays. c) (FORMAL) THIRD STEP – If the grievant remains dissatisfied upon the receipt of the decision of the immediate supervisor, the grievant will have three (3) workdays to present his grievance to the Major Subordinate Command Administrative Officer, Directorate, Deputy Commander (ANG), State Army Aviation Officer or the United States Property & Financial Officer, as appropriate, in writing. A decision from that official will be rendered in writing, attached to the resume, as soon as possible but within ten (10) working days. d) (FORMAL) FOURTH STEP – If the grievant is still dissatisfied with the decision reached by the appropriate authority in the Third Step, he will, within three (3) working days, present his grievance to the HRO in writing. HRO will render a written decision to the grievant as soon as possible but within fifteen (15) working days. All documents will be attached to the original written complaint. e) If dissatisfied with decision reached in the Fourth Step, or if no decision is given, the grievant may request that the Union refer the grievance to mediation in accordance with the provisions of this agreement. The Union will take this request under consideration and, based on their decision of the merit of the grievance, may request the services of a mediator from the Federal Mediation and Conciliation Service. The mediator will meet the parties at the earliest possible date and attempt to resolve the grievance through voluntary methods. If the procedure is unsuccessful after two meetings, and the grievant and Union are still dissatisfied, the Union may request arbitration. (see Article VI)

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SCNG GRIEVANCE FORM Name of Grievant:

______________________________________________

Work Unit:______________________________ Dept: _____________________ Date:__________ Name of Representative: _____________________________ Nature of Grievance: ________________________________________________ ________________________________________________________________ _________________________________________________________________ _____________________________________(Attach additional pages if needed) Settlement Desired:_________________________________________________ ________________________________________________________________ _________________________________________________________________ Signature of Employee: _____________________________ STEP 1:

STEP 2:

Date submitted:___________________ Date submitted:____________________ Date of response: _________________ Date of response: __________________ Was grievance resolved? YES NO

Was grievance resolved? YES NO

Why not? ________________________ Why not? _________________________ STEP 3:

STEP 4:

Date submitted:___________________ Date submitted:____________________ Date of response: _________________ Date of Mutual Agreement and FMCS Was grievance resolved? YES NO

Notification: ______________________ Was grievance resolved? YES NO

Why not? ________________________ Why not? _________________________

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SCMD GRIEVANCE WORKSHEET Name:________________________________________ Date: ______________ Grievant: _________________________________________________________ Problem: _________________________________________________________ ________________________________________________________________ _________________________________________________________________ Evidence: ________________________________________________________ ________________________________________________________________ _________________________________________________________________ Documents: _______________________________________________________ ________________________________________________________________ _________________________________________________________________ Arguments: 1. ______________________________________________________________ 2. ______________________________________________________________ 3. ______________________________________________________________ Witnesses: 1. ____________________________ 2. ______________________________ 3. ____________________________ 4. ______________________________ 5. ____________________________

6. ______________________________

Results: __________________________________________________________ ________________________________________________________________ ________________________________________________________________ 22

ARTICLE VI ARBITRATION PROCEDURES Section 6.1-Policy: If the decision on a grievance processed under the negotiated grievance procedure is unsatisfactory to management or the Labor Organization, either party may refer the issue to arbitration. The notice referring an issue to arbitration must be in writing, signed by the Union president, and submitted within twenty (20) work days following receipt of the decision by the aggrieved party. 1. Within five (5) workdays from the date of receipt of a valid arbitration notice, the parties shall attempt to select an arbitrator. If the parties are unable to agree upon an arbitrator, they shall immediately request the Federal Mediation and Conciliation Service to submit a list of seven (7) impartial persons qualified to act as arbitrators. A brief statement by each party will accompany the request to enable the service to submit the names qualified for the issues involved. The request shall also include a copy of the collective bargaining agreement. In the event that the entire agreement is not available, a verbatim copy of any provision relating to arbitration shall accompany the request. The parties shall meet within five (5) workdays after the receipt of such list to select an arbitrator. If they cannot agree upon one (1) of the listed persons, the Employer and the Union will each strike one (1) arbitrator’s name from the list of seven (7) and shall repeat this procedure until only one name remains. The remaining name shall be the only and duly selected arbitrator. The grievant may withdraw the grievance at any time prior to the actual convening of a hearing or submission of the case to the arbitrator. 2. The fees, per diem and travel expenses for the arbitrator will be borne equally by both parties. 3. Arbitration Process: The process to be utilized by the arbitrator may be one of the following. a) A stipulation of facts to the arbitrator can be used when both parties agree to the facts at issue and hearing would serve no purpose. In this case, all facts, data documentation, etc., are jointly submitted to the arbitrator with a request for a decision based upon the facts presented. b) An arbitrator inquiry can be used when both parties agree that a formal hearing would serve no purpose. In this case, the arbitrator would make such inquiries as he deems necessary (e.g., inspecting work sites, taking statements).

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i)

A submission to arbitration hearing should be used when a formal hearing is necessary to develop and establish the facts relevant to the issue. In this case, a formal hearing is convened and conducted by the arbitrator.

ii)

When both parties agree, mini-arbitration may be used to expedite the resolution of the grievance. In this case, the arbitrator would make such inquiries as he deems necessary, prepare a brief summary of the facts and render an on-the-spot decision without an opinion.

iii) The Union and Management may direct the arbitrator to simplify or eliminate a written opinion when using the process in (i) or (ii) above. 4. The arbitrator hearing of inquiry shall be held on the Employer’s premises during the regular day shift work hours of the basic workweek. An employee of the unit serving as the grievant’s representative, the aggrieved employee, and employee witnesses who are otherwise on duty shall be excused from duty as necessary to participate in the arbitration proceedings without loss of pay, annual leave, or any other benefit. Employee participants on shifts other than regular day shift will be temporarily placed on the regular day shift for the week(s) of the hearing in which they are involved. 5. The arbitrator shall have no authority to add or to modify this Agreement or agency policies. 6. The Employer and the Labor Organization agree to be bound by the decisions rendered by the Arbitrator.

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ARTICLE VII MEDIATION Section 7.1-Policy: The Employer and the Labor Organization agree to follow the provisions of the law when an agreement cannot be reached over issues that are deemed appropriate for Collective Bargaining in accordance with 5 U.S.C., Chapter 71. Section 7.2-Procedures: The parties agree that when an impasse is reached during negotiations, prior to going to the Federal Service Impasses Panel (FSIP), the FMCS will be contacted for assistance. The requesting party will assume responsibility to contact the FCMS and coordinate the participation of the mediator in negotiations. Neither party will attempt to unilaterally frame the issue for the mediator. If an agreement cannot be reached after invoking mediation, either party may proceed in accordance with 5 U.S.C., Chapter 71.

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ARTICLE VIII UNFAIR LABOR PRACTICES Section 8.1-Responsibilities: 1. Employer Responsibilities. The Employer shall not: a) Interfere with, restrain, or coerce a technician in the exercise of his rights assured by the terms of this Agreement and 5 U.S.C., Chapter 71; b) Encourage or discourage membership in the Labor Organization by discrimination in regard to hiring, tenure, promotion or other conditions of employment; c) Sponsor, control, or otherwise assist any Labor Organization, except that the Employer may furnish customary and routine services and facilities under 5 U.S.C., Chapter 71, when consistent with the best interests of the Employer, its technicians, and the organization; d) Discipline or otherwise discriminate against a technician because he has filed a complaint or given testimony under 5 U.S.C, Chapter 71; e) Refuse to accord appropriate recognition to the Labor Organization; or f) Refuse to consult, confer, or negotiate with the Labor Organization as required by 5 U.S.C., Chapter 71. 2. Labor Organization Responsibilities. The Labor Organization shall not: a) Interfere with, restrain, or a technician in the exercise of his rights assured by 5 U.S.C., Chapter 71; to b) Attempt to induce the Employer to coerce a technician in the exercise of their rights under 5 U.S.C., Chapter 71; c) Coerce, attempt to coerce, discipline, fine, or take other economic sanctions against a member of the Labor Organization as punishment or reprisal for, or for the purpose of hindering or impeding his work performance, his productivity, or the discharge of his duties owed by an officer or employee of the United States; d) Call or engage in a strike, work stoppage, or slowdown; picket the Employer in a Labor Management dispute; or condone any such activity by failing to take affirmative action to prevent or stop it;

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e) Discriminate against a technician with regard to the terms or conditions of membership because of race, color, creed, sex, age, national origin or disability; or f) Refuse to consult, confer, or negotiate with the Employer as required by 5 U.S.C., Chapter 71. 3. The Labor Organization shall not deny membership to any technician in the appropriate bargaining unit except for failure to meet reasonable occupational standards uniformly required for admission, or failure to tender initiation fees and dues uniformly required as a condition of acquiring and retaining membership. This paragraph does not preclude the Labor Organization from enforcing discipline in accordance with procedures under its constitution or by-laws which conform to the requirements of 5 U.S.C., Chapter 71. 4. Issues which can properly be raised under an appeals procedure may not be raised under this Section. Issues which can be raised under an omitted grievance procedure may, at the discretion of the aggrieved party, be raised under that procedure or the complaint procedure under this Section, through the exclusive representative, but not under both procedures. Appeals or grievances decisions shall not be construed as ULP decisions under 5 U.S.C., Chapter 71, nor as precedent for such decisions. All complaints under this Section that cannot be resolved by the parties shall be filed with the Federal Labor Relations Authority (FLRA). The parties agree to allow a fifteen (15) day period for informal ULP resolution before filing charges with the FLRA. The parties also agree to provide a copy of the basic charges to be presented in the ULP.

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ARTICLE IX DISCIPLINE AND ADVERSE ACTIONS Section 9.1-Discipline: The parties recognize that there are two types of disciplinary action that may be taken against a technician, i.e., informal disciplinary action and formal disciplinary action. Disciplinary action will be taken for the sole purpose of correcting offending technicians and problem situations and maintaining discipline and morale among other technicians. Where corrective action can be accomplished through closer supervision, training, or oral admonitions or warnings, formal disciplinary action should not be taken. The concept of progressive discipline will be considered when possible. 1. Informal Disciplinary Actions. a) Informal disciplinary actions consist of counseling and oral admonitions and is the first step in constructive discipline. An oral admonishment is a meeting between a supervisor and a technician; the technician has the right to request an additional person to be present. During the meeting, the technician will be advised of the specific infraction(s) and the dates(s) of occurrence. The technician will be given an opportunity to provide an explanation of the event in question. b) Notation of oral admonishment (date and subject) will be made by pencil entry on NGB Form Supervisor’s Employee Brief by the supervisor and should be initialed by the technician to verify the authenticity of the entry. Because the information contained on NGB Form Supervisor’s Employee Brief is of a personal nature, access will be limited to appropriate Management officials, the technician concerned, and to individuals whom the technician has given written permission, i.e., EEO counselor or Labor representatives. c) An appeal of an oral admonishment may be made through the negotiated grievance procedure. A successful appeal would cause any record of the admonishment to be deleted. 2. Formal Disciplinary Actions. a) Written Reprimand. A letter of reprimand may be issued when oral admonishments have proven ineffective. Before disciplining a technician in this manner, a supervisor will gather available information and discuss it with the technician informing him of the reason for the action. After

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considering the technician’s response, the supervisor will advise the technician of his decision that either the situation has been resolved or of his intention to proceed. If a letter of reprimand is decided upon, it must: i) Describe the offense in sufficient detail to enable the technician to understand why the reprimand is being given; ii) Inform the technician that the letter will be filed as a temporary document in his Official Personnel File (OPF) until a specific date. Retention period may not exceed three years; and iii) Inform the technician that he is entitled to representation and may file a grievance through the negotiated grievance procedure. iv) Include a warning that further offenses could result in suspension, change to lower grade or removal. b) An appeal of a letter of reprimand may be made through the negotiated grievance procedure. A successful appeal would cause the reprimand to be withdrawn and any record of the reprimand to be deleted. Section 9.2-Adverse Actions: 1. Disciplinary Adverse Actions. a) Disciplinary adverse actions consist of a change to lower grade, suspension, or removal. It will be accomplished in accordance with applicable regulations. b) Appeals of adverse actions will be forwarded to: The Adjutant General, ATTN: TAG-HR, 1 National Guard Road, Columbia, SC 29201-4766, as provided below. The Adjutant General is the final appeal authority for adverse actions taken against excepted or competitive technicians of the SCNG. There are two types of appeals available to the technician: an Appellate Review or an Administrative Hearing. The technician may choose one or the other, but not both. i) Appellate Review. The State Adjutant General will review all pertinent records to include those submitted by the technician requesting the appeal. ii) Administrative Hearing. An NGB hearing examiner will gather all available facts through an administrative hearing process and issue a report of findings and recommendations to the Adjutant General. The Adjutant General will make the final decision. 29

2. Non-disciplinary Adverse Actions. a) Non-disciplinary adverse actions will be administered according to applicable regulations. b) A technician may appeal certain non-disciplinary adverse actions to the Adjutant General. Section 9.3-Procedures 1. Normally, disciplinary action will not be taken until after efforts have been made by the supervisor to correct the problem through personal counseling. The technician may request representation at such counseling sessions if it is suspected that the counseling actions may lead to formal disciplinary or adverse actions. Cases of criminal activity or serious misconduct, as provided for in Government-wide regulations, may serve as a reason to take action without prior counseling. In cases of misconduct affecting the safety of personnel or resources, the Employer agrees to examine temporary reassignment options as part of the disciplinary action processing procedures. 2. When it is decided that formal action is required, the Supervisor will prepare a Notice of Proposed Action, that had been coordinated with HRO, which includes: a) The specific incident(s) and date(s) of the event, b) the proposed action, c) the reasons for the proposed action, d) the rationale for the proposed action, e) advises the technician of his right to review the material used to justify the action, f) advises the technician of his right to reply, to include the deadline for the technician to reply; this deadline will be 10 calendar days but may be revised if there are mitigating circumstances; the technician must request (in writing) a postponement of the deadline prior to the deadline; g) advises the technician of his right to excused absence to prepare his reply, h) advises the technician of the name and address of the individual to whom the technician should address his reply, and

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i) advises the technician of a contact in HRO who can advise him about the next step(s). 3. The technician’s reply must include the reasons why the technician believes the action should not be taken. 4. The Supervisor designated to receive the technician’s reply will consider reasonable requests for extension of the reply period if the technician can demonstrate that extenuating circumstances prevent him from replying during the established time period. The supervisor designated to receive the reply will receive the written response and will consider the information presented by the technician and/or his representative. After review of the reply, he will issue an original decision. 5. The supervisor’s original decision may sustain, decrease, or negate the proposed adverse action. 6. The Adjutant General will issue his final decision within 30 calendar days of receipt of the request for an Appellate Review or receipt of the recommendation from the hearing examiner. This decision may be delayed should there be mitigating circumstance warranting such a delay. Section 9.4-Representation: If a technician believes that a formal discussion with a supervisor may lead to disciplinary or adverse action, the technician has a right to request representation of his choice. Both parties agree that representation will be provided at the earliest possible time. If a technician requests representation, no further questioning will take place until the technician’s representative is present, unless the technician subsequently waives, in writing, any representation.

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ARTICLE X EQUAL EMPLOYMENT OPPORTUNITY (EEO), EQUAL OPPORTUNITY (EO) PROGRAM and EEO COUNSELORS Section 10.1 – Policy The SCNG Technician Equal Employment Opportunity (EEO) Affirmative Action Plan establishes the requirements of NGB policy and Federal law. It assures EEO and Equal Opportunity (EO) in every aspect of personnel policy and practice in hiring, development, promotion and treatment of National Guard Technicians. The Employer and the Labor Organization agree to cooperate to the fullest in providing EEO/EO for all qualified applicants and technicians and to prohibit discrimination because of race, color, national origin, sex, age, religion, mental or physical handicap and retaliation for previous EEO involvement. Both parties agree to promote and support all programs for EEO/EO through a positive and continuing effort. Section 10.2 - Programs The Employer agrees to accept recommendations and suggestions from the Labor Organization on matters relating to the Equal Opportunity Program and program improvements within Federal Statues without violation to such statues. It is further agreed that the Employer will consult, confer, or negotiate, as appropriate, on matters concerning personnel policies and practices and matters affecting working conditions of technicians as long as results are not in violation of Federal EEO Law. Section 10.3 - Equal Employment Opportunity (EEO) Complaint Procedures: 1. Any technician who believes they have been discriminated against in an employment matter because of race, color, national origin, sex, age, religion, mental or physical handicap or retaliation can file either a grievance or EEO complaint. The employee who chooses the NG Civilian Discrimination Complaint Procedures has 45 calendar days from the date the alleged discrimination occurred or when they became aware that the alleged discrimination occurred to file a complaint. The complainant must follow the statutory procedures by contacting an EEO counselor or the State Equal Employment Manager (SEEM). The employer must have an Alternate Dispute Resolution (ADR) program established and offer the employee the opportunity to use ADR to resolve the complaint as prescribed by 29 CFR 1614 amended 9 November 1999. 2. Any technician who initiates an EEO complaint is entitled to representation at any time during the complaint process as prescribed by 29 CFR 1614.

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3. Complaints Alleging Sexual Harassment: a) The Employer and the Labor Organization agree that sexual harassment in the workplace will not be condoned. Reported cases of sexual harassment will receive prompt and positive action to include necessary and appropriate action against those technicians found to be guilty of a sexual harassment offense. Supervisors are charged with the responsibility of properly handling sexual harassment incidents when they become aware or when they should have been aware of such action. b) Any bargaining unit technician who feels they have been the victim of sexual harassment, whether Quid Pro Quo (“this for that”) or hostile environment, may file either a grievance or EEO complaint. Under Federal Law (29 CFR 1614) if a grievance is filed, the employee relinquishes their right to file an EEO complaint through the National Guard Civilian Discrimination Complaint System. The employee who chooses the NG Civilian Discrimination Complaint Procedures has 45 calendar days from the date the alleged sexual harassment occurred or when they became aware that the alleged sexual harassment occurred to file a complaint. The complainant must follow the statutory procedures by contacting an EEO counselor or the State Equal Employment Manager (SEEM). c) The Employer, upon receiving a complaint alleging sexual harassment toward a technician, will evaluate the complaint and take necessary action as the circumstances may warrant. When the complaint is filed against a technician’s immediate supervisor, or vice versa, the Agency may consider reassigning either of the individuals during the investigative process, but the complainant will not be punished, put in jeopardy, or moved if they do not want to be reassigned, whereas in that case the accused will be moved. All employees will be warned, if the complainant has waved their right to confidentiality, that any violation of the retaliation law will result in appropriate action by agency IAW the Technician Personnel Regulation (TPR). Section 10.4 – Adjustments When an equal opportunity complaint is handled within the procedures of 29 CFR 1614 and a resolution is made at the Adjutant General level, the agency and employee will enter into an agreement as approved by the agency representative and the State Judge Advocate General, unless the complaint is formal (with an NGB case number) or the total dollar amount is in excess of five thousand dollars, then NGB will approve the settlement agreement. If the employee has used the Labor Organization in the grievance process, whereas it was not

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processed using 29 CFR 1614 (Civilian Discrimination Complaint System), then the employer will afford the Labor Organization an opportunity to negotiate the adjustment. Such appearances must have the concurrence of the employee, whereas the employee contacted the Labor Organization to file a grievance. Section 10.5 – Counselors and Mediators The Equal Employment Opportunity Commission is authorized to issue rules, regulations, orders, and instructions pursuant to section 717(b) of Title VII of the Civil Rights Act of 1964, 42 U.S.C 2000e-16(b). Equal Opportunity Counselors will be appointed by management and trained to conduct inquiries into allegations of discrimination. IAW With 29 C.F.R Part 1614, where an aggrieved person seeks EEO counseling, the Counselor must ensure that the complainant understands his/her rights and responsibilities in the EEO process, including the option to elect ADR. The EEO Counselor must perform several tasks in all cases, regardless of whether the individual ultimately elects the ADR option. The tasks are: 1. Advise the aggrieved person about the EEO complaint process under 29 C.F.R Part 1614. The EEO counselor should explain the agency ADR program, indicating the available of the program. 2. Determine the claim(s) and basis(es) raised by the potential complaint. 3. Conduct an inquiry during the initial interview with the aggrieved person for the purposes of determining jurisdictional questions. This includes timeliness and obtaining information relating to the issue. This includes obtaining enough information concerning the claim and basis to enable the agency to properly identify the legal claim raised if the individual files a complaint at the conclusion of the EEO counseling process. 4. The counselor may use as many interview meetings with the aggrieved and witnesses as necessary to gather enough information to provide an avenue of resolution and a complete and detailed report. 5. Seek a resolution of the dispute at the lowest possible level, unless the aggrieved person elects to participate in the agency’s ADR program. If the dispute is resolved in counseling, the EEO Counselor must document the resolution. 6. Advise the aggrieved person of his/her rights to a file a formal discrimination complaint if attempts to resolve the dispute through EEO counseling or ADR fail. 7. Prepare a report sufficient to document that the EEO Counselor undertook the required counseling actions and to resolve any jurisdiction questions that arise. 34

Management will provide selected co-lateral duty counselor an initial training course of NLT 32 hours and an 8-hour refresher course annually IAW with the Equal Employment Opportunity Commission’s Management Directive 110 and 29 C.F.R Part 1614. Counselors will be selected and appointed by management. Management will provide the EEO Counselor sufficient time from their normal duty assignment to conduct the necessary interview, inquiries, gathering of supporting documents and report writing to comply with Federal Statutes and regulations. Mediators of complaints will be selected, trained and certified. Mediators will be granted sufficient time from their normal duty assignments to attempt resolution of complaints.

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ARTICLE XI TECHNICIAN ASSISTANCE PROGRAM Section 11.1-Policy: 1. Technicians having illnesses related to substance abuse will receive the same consideration and offer of assistance that is presently extended to technicians having any other illnesses or health-related problems. 2. Technicians who have psychiatric problems, or who are suffering from what could be defined as stress-related medical conditions, may also be afforded assistance in the program. 3. Sick Leave may be authorized for the purpose of treatment or rehabilitation as in any other illness or health problem. 4. The confidential nature of medical records of technicians with drinking or drug related problems will be maintained as provided by law and implementing regulations. Section 11.2-Program Responsibility: 1. The Employer will establish a Technician Assistance Program (TAP) and will appoint a TAP coordinator. 2. The Program will provide for the referral of technicians to resources outside the SCNG for treatment and treatment follow-up. In addition, technicians may avail themselves of the Program services on their own initiative. 3. Rehabilitation expenses are the responsibility of the technician. As with other illnesses, certain specified costs may be reimbursable under applicable Federal Employees Health Benefits (FEHB) programs or other individual medical insurance plans in which the technician may be a participant. Section 11.3-Personnel Actions: 1. A technician’s job security or promotional opportunities will not be jeopardized by requesting counseling or referral assistance through the TAP. 2. Technicians having a substance abuse problem may be dealt with by use of non-disciplinary procedures. However, if the technician refuses to accept assistance or seek counseling through the Program, and their job performance or conduct is found to be unacceptable, appropriate corrective action, which may include disciplinary or adverse action.

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ARTICLE XII HEALTH AND SAFETY Section 12.1-General: 1. The Employer, to the full extent of its authority, will make every effort to provide safe and healthful working conditions in accordance with the Occupational Safety and Health Act of 1970, as implemented by Executive Order for Federal Employees, Part 1960. Appropriate supplies, equipment, and services will be furnished by the Employer at no cost to the technician to achieve this purpose, as authorized by laws and regulations and within the Employer’s budgeting constraints. However, no employee is required to work in unsafe or hazardous conditions where there is a reasonable belief that, under the circumstances the tasks poses an imminent risk of death or serious bodily harm coupled with a reasonable belief that there is insufficient time to seek effective redress through normal hazard reporting and abatement procedures. 2. The Employer agrees to provide Federally approved personal protective equipment and approved safety equipment. Technicians are required to use such items provided. 3. The Employer and the Labor Organization shall continue to work together to provide suitable safety footwear. For health purposes, two pair of safety boots will be provided to allow proper rotation of footwear. 4. Safety Glasses. When and where required, safety glasses, to include the replacement of broken or damaged ones, will be provided by the Employer consistent with government regulations. 5. The Employer and Labor Organization realize the need to contain possible contamination of personnel and their clothing who work in areas identified by Occupational Health, Environmental Management Offices and the Safety Offices as containing potentially hazardous materials. Both parties agree to work together to identify and provide means of protecting the employees and their families from these exposure risks. Section 12.2-State Safety Committee: 1. The Labor Organization will nominate, for appointment by the Employer, one member and one alternate member for membership on the Committee. 2. The purpose of this Committee is to assist and advise the Employer, in accordance with applicable safety directives, on matters affecting Occupational Health and Safety.

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3. This Committee shall meet at least quarterly. Section 12.3-Local Safety Committee: 1. Local Safety Committees may be established. Where the number of technicians employed at a particular location is limited, an individual will be designated to assist the supervisor in the area of safety. 2. The Labor Organization will nominate, for appointment by the Employer, at least one technician from the bargaining unit to serve as member(s) of each local Safety Committee. 3. The names of personnel serving on local Safety Committees will be published and posted on appropriate bulletin boards. 4. Labor Organization members of Safety Committees will be notified as to the availability of safety schools and, when such schools become available, and will be allotted equal space for attendance with Management members of the Safety Committee. Section 12.4-Work Situations: 1. Applicable safety directives will not be violated in the performance of a technician’s duties. Assigned duties that violate safety directives will be brought to the attention of the immediate supervisor at once. 2. When it is determined that an imminent danger exists, technicians will not be required to subject themselves to such danger. The technician may refuse to work if imminent danger exists and this refusal will not subject the technician to punitive or disciplinary action, unless the refusal can be conclusively proven to have been made under false pretenses. 3. A technician may refuse to perform a task when both of the following criteria are met: a) There is a reasonable belief that there exists an imminent risk of life or of serious bodily harm; and b) There is insufficient time for the individual to have the situation resolved by any method other than refusing to perform the task. 4. Imminent danger is defined as any condition where there is reasonable certainty that a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated by redress through normal hazard reporting and abatement procedures.

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5. A technician assigned emergency additional duties related to safety will receive, from the Employer, appropriate training in carrying out these responsibilities. Any protective equipment normally prescribed in combating the condition will be provided at the time the technician is engaged in the duty. 6. Areas in which employees with disabilities are working will be identified so as to insure their safety in an emergency situation. 7. The Employer will take action immediately upon notification of an imminent danger to personnel in a work area to: a) Evacuate all endangered technicians from the affected area if the situation requires. Areas in which employees with disabilities are located will be given priority consideration; b) Eliminate the condition; c) Notify the local Safety Committee of the situation (by the supervisor in charge); and d) Notify the Labor Organization when the situation has been corrected (by the supervisor in charge). Section 12.5-Health and Safety Publications: The Employer will maintain publications required in the administration of the technician health and safety program. Upon receipt, the Employer will make known to the appropriate activity and local Safety Committees their availability so as to provide access to them by technicians. Section 12.6-Health/Safety Inspections and Accident Investigations: When the Employer is notified of an outside agency safety inspection and/or accident investigation of a technician work area, the Employer will notify the Labor Organization. Section 12.7-Medical Surveillance Program: 1. The Employer agrees to establish a Medical Surveillance Program for the express purpose of monitoring the health of technicians whose occupation exposes them to toxic agents and/or other accumulative hazardous working conditions.

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2. Medical surveillance records are for official use only and will not be released to any third party, unless: a) The third party request is based on an official need-to-know; or b) There is a technician-generated Privacy Act Release Form on file. 3. When properly notified, should the employee fail to report for the medical test they may be responsible for the agency’s incurred cost. They will also be required to furnish the required medical examination from their personal physician at no cost to the agency. NOTE: If through inadequate management practices, the supervisor or manager is responsible for missed medical examinations, they may be held responsible for the agency expenses and cost incurred by the employee. Section 12.8-Health Benefits: During the annual open season period, the Employer, where possible, will have representatives of the major insurance plans available to explain benefits and variations of each plan. Dates and places will be established by the Employer and the insurance carrier. All technicians will be made aware of these “Health Benefits Seminars” as far in advance as possible and be given every opportunity to attend. Section 12.9-Emergency Data Record: Each employee will be afforded the opportunity to complete an Emergency Data Record, AGSC Form 2-R-E (example at end of this section). If the employee provides the data, the supervisor will keep this record as an attachment to the Supervisor’s Employee Brief, in case the emergency data is needed. These records will not leave the work site. Forms are available through normal publication channels. Section 12.10-Smoking Policy: The Employer and the Labor Organization agree to adhere to the published state and Federal laws, regulations and policies. Section 12.11-Heat and Cold Extremes: 1. The Employer agrees to provide employees required to work in inclement conditions the following listed clothing items when requested:

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a) GoreTex outer gear b) One (1) OD sweater c) Two (2) sets OD thermal underwear d) Two (2) sets of winter-weight coveralls e) Two (2) sets of summer-weight coveralls f) One (1) watch cap g) One (1) pair of cold weather gloves h) One (1) black balaclava i) One (1) set of rain boots j) One (1) jungle hat k) Sunscreen The above equipment will be provided when requested and will be replaced when it becomes unserviceable. Due to the expense of the above listed items the technician will be required to sign for the receipt of these items. The technician will be responsible for the safekeeping of these items. Repeated requests for replacement of these items, with no damaged turn-in, could result in the loss of this privilege for the offending technician. 2. See Article II, section 2.6 for information concerning rest periods. 3. The employer agrees in accordance with safety policies that the BDU pants may be unbloused and neatly rolled two times by any individuals working in any areas (inside or outside) where the heat index exceeds 80 o F. Section 12.12-Threats and Violence: 1. Threats and/or violence in the workplace will not be tolerated. Violations may result in removal. 2. Stress management information and videos are available from the Occupational Health Office. The Technician Assistance Program is another source of help.

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ARTICLE XIII EVIRONMENTAL DIFFERENTIAL PAY (EDP) & HAZARDOUS DUTY PAY (HDP) Section 13.1-Policy: The Employer and the Labor Organization have as their objective the elimination, or reduction to lowest level possible, of all hazards, physical hardships, and working conditions of an unusually severe nature. When the Employer’s action does not overcome the unusually severe nature of the hazard, physical hardship, or working condition, an environmental or hazardous differential may be warranted. Section 13.2-Coverage: 1. Environmental Differential Pay (EDP) is applicable to wage technicians. Hazardous Duty Pay (HDP) is applicable to general schedule technicians. 2. Both EDP and HDP are defined by, and subject to, restrictions outlined in Public Law and applicable Office of Personnel Management (OPM) and NGB regulations. 3. When it is determined by the senior supervisor that an administrative dismissal is to be granted, as approved by HRO, the technician whose services are required and so must remain at the work location, will be authorized EDP/HDP consistent with appropriate regulations and duties actually performed. Section 13.3-Establishment of Environmental Differentials: 1. The Employer will manage the EDP/HDP Program according to published plans which will identify approved categories of situations for which EDP/HDP is authorized. 2. The Plan will define payment procedures and various degrees of hazards, physical hardships, and working conditions, each of an unusually severe nature, for which the differentials are payable. 3. Amendments to categories outlined in the Plan in the form of additions, changes, or deletions may be made by the Employer on its own motion, by the Labor Organization through the Employer, and by individuals or groups of technicians by recommendations through supervisory channels to the Employer for consideration. The Labor Organization may assist a technician in presenting a proposed amendment to the Employer. All recommendations will be considered by the Employer and, if appropriate, will be forwarded to HRO for determination. 42

4. The Labor Organization and the Employer acknowledge the individual’s right to seek review of HRO decisions concerning EDP/HDP matters, as prescribed in government regulations. Section 13.4-Identifying New Work Situations: 1. A proposal that a local work situation be identified for inclusion under environmental or hazardous differentials will be described in writing to the immediate supervisor at work location. 2. The format for a situation currently in the Plan may be used as a guide in describing the proposed situation. As a minimum, information identifying the work location and the hazard or physical hardship for which the differential is proposed will be included in the request. 3. The supervisor who receives a proposal for inclusion in the environmental or hazard differential will provide, if applicable, any additional information or comments and forward the proposal through supervisory channels to the HRO. The HRO will process the request as provided for in Section 13.3. 4. The Labor Organization will afforded the opportunity to review hazardous and environmental incident reports pertaining to working conditions. 5. When an EDP/HDP situation is to be removed from the EDP/HDP Plan, the Labor Organization will be consulted prior to its removal. Section 13.5-Payment of Environmental Differentials: 1. An environmental or hazard differential is paid to technician in accordance with procedures outlined in appropriate regulations. 2. Supervisors/T&A keepers will certify pay differentials for payment to the servicing payroll office. 3. When an EDP/HDP situation exists where the employee requests payment and the supervisor disapproves the request, the employee may submit the request for reconsideration to the next higher level supervisor. 4. When determining EDP/HDP payments, supervisors will advise the supporting payroll office to insure that payment is made in accordance with the most current EDP/HDP directives.

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Section 13.6-Environmental Differential Pay/Hazardous Duty Pay (EDP/HDP) Committee: The Employer will establish an Army and an Air EDP/HDP Committee which will meet on an annual basis, or at the discretion of the Adjutant General and as required by the Committee chairperson. The purpose of the Committee will be to conduct a review of the State EDP/HDP Plan in order to determine the adequacy of the Plan and to review the annual expenditures for EDP/HDP. The Committee will be appointed by the Adjutant General and will have representation from the Labor Organization. Section 13.7-Retroactive Payment of Environmental Differential Pay (EDP): If an EDP situation is approved, an individual has been required to work in that environment, and the times can be documented, then retroactive payment of EDP may be authorized. Retroactive payment of EDP will be accomplished only as specially authorized in the applicable government regulations.

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ARTICLE XIV POSITION DESRIPTION AND CLASSIFICATION Section 14.1-Scope of Employment: Upon appointment, a technician will be assigned to duties in accordance with the technician Position Description. Each technician will be provided with a copy of the Position Description for the position to which he is assigned. The technician Position Description prescribes the work relationships, scope, principal duties, qualification standards required, related experience and training requirements. Technicians may, from time to time, be required to perform duties other than those reflected as principal duties of the Position Description. Section 14.2-Changes in a Position Description: Changes in a position description will be made available to, and discussed with, the technician concerned. Supervisors will explain to technicians the basis of classifications of their position and give each technician an opportunity to resolve questions as to adequacy and accuracy of duties and responsibilities in his position. The technician will be notified in advance when an action is to be taken which have an adverse effect on his pay or status. The Employer and the Labor Organization agree that the position description will accurately reflect the responsibilities of the technician. Section 14.3-Appeals: A technician has the right to appeal the classification of the position to which he is officially assigned. A technician desiring to file a classification appeal shall first discuss the matter with his supervisor. A Labor Organization representative may be present at the meeting if the technician so desires. The technician may present the classification appeal or may select a representative of his own choosing to assist in preparing the written appeal. The HRO shall advise and assist technicians on procedural aspects of filing classification appeals. A classification appeal to DOD will be the technician’s only recourse. He may not attempt to appeal a classification of the position by filing a grievance. Section 14.4-Review of Position Description: 1. The Employer and the Labor Organization will encourage technicians to periodically review their Position Description for the position they occupy and to report significant changes in responsibilities and duties to their supervisor. As a minimum, a technician’s official Position Description will be reviewed every year, and be annotated on the Supervisor’s Employee Brief. Changes to an official Position Description may be initiated by the technician in

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coordination with the supervisor or by the supervisor. The proposed changes must be forwarded to the HRO for review and approval. The HRO will respond in writing to all requests; HRO will forward any requests which cannot be resolved at the local level to higher headquarters for review and approval. The Labor Organization will be involved in the process, consistent with Federal statutes. 2. The Employer agrees to conduct Impact & Implementation bargaining when there are significant changes in the organizational structure which affect the technician work force. Subject bargaining will provide the opportunity for the Labor Organization to review the procedures followed by the Agency and will also provide an opportunity to review the revised Position Descriptions, when appropriate. 3. OPM or NGB grading standards, as appropriate, will be provided to the Labor Organization upon request. Section 14.5-Position Classification: 1. The Labor Organization may make recommendations and present supporting evidence concerning the adequacy and equity of a standardized Position Description or Position Classification Standards of positions held by technicians in the bargaining unit. The Employer agrees to review the presentation and advise the Labor Organization of the results of its review. 2. The Employer agrees to inform the Labor Organization as soon as possible when significant changes will be made in the duties and responsibilities of positions held by technicians in the bargaining unit due to reorganization or when changes in Position Classification Standards result classification changes or when changes will be made in Position Classification Standards which could result in classification changes.

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ARTICLE XV PERFORMANCE APPRAISAL SYSTEM Section 15.1-Policy: 1. This Article addresses the technician Performance Appraisal system as it applies to bargaining unit members. 2. Responsibilities and procedures for seeking adjustment(s) to performance appraisals and performance standards will be accomplished in accordance with applicable regulations and the provisions of this Agreement. Section 15.2-Responsiblities: 1. Supervisors. a) Meet with each subordinate technician to receive their views in establishing performance standards and critical elements of their position. Performance standards will be developed from the official position description for the position in question and will be based upon normal organizational requirements pertinent to the incumbent’s normal technician duties and responsibilities. The supervisor retains the right to establish the actual performance standards and critical elements for the position and should ensure the written standards are specific and objective. b) Meet not less than semi-annually with their subordinates to provide an evaluation of their performance as compared to the established Performance Standards for their position. All counseling sessions will be recorded on the Supervisor’s Employee Brief. The technician may be asked to initial these remarks to indicate that he is aware of the entry. Upon request, technicians have a right to Labor Organization representation during a formal counseling session; both parties agree that representation will be provided at the earliest possible time. Supervisors may not initiate or continue a formal counseling session once the technician has requested representation. However, there is no prohibition against a supervisor continuing a formal counseling session once representation has been provided, as well as when the technician simply does not request representation. c) Use only the established Performance Standards to appraise technician performance.

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d) Will develop interim standards for a technician who has been placed in a light duty status for more than 30 days. A performance appraisal will only be initiated when the technician has been assigned these duties in excess of 120 days. e) The evaluation of a technician’s performance of assigned duties is paramount in the evaluation process. Items of a disciplinary nature should not be used as part of that measurement, however, it is understood that disciplinary and adverse action may be appropriate in cases where the performance problem is related to negligence of duty, failure to complete projects in a timely manner (when it was within the employee’s control), etc. 2. Technicians. a) Participate in and provide input in the development of Performance Standards and critical job elements for their position. b) Advise their supervisor when there is a need to revise Performance Standards and critical elements at any time during the appraisal period. c) May request to meet with their supervisor during the rating period to review their performance as compared to the established Performance Standards. d) If work requirements change after the performance standards have been established, or if for any other reason it is determined that modifications need to be made to the employee’s performance plan, such changes should be accomplished in accordance with Section 15.2(1)a. e) Signing the performance appraisal (AGSC Form 72-1-R-E) does not constitute agreement with the rating or comments; it merely establishes a receipt date. Section 15.3-Personnel Actions Based Upon Performance: 1. Within-Grade Increase - To be eligible for a with-in-grade or step increase, a technician’s overall performance must be at the Fully Successful or Outstanding levels, as reflected on the current performance appraisal. 2. Awards - Technicians demonstrating an overall level of performance that exceeds the Performance Standards will be considered by their immediate supervisor for recommendation for an award under the technician Incentive Awards Program (IAP).

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3. Training - It is recognized that training is a valuable means of assisting the technician in improving performance. Counseling sessions between supervisors and technicians may result in the identification of specific training needs. Recommendations for training should not be limited to less than the Fully Successful performer, but may be made available to assist any technician to achieve a higher level of job performance and proficiency. Thus, training may be remedial or developmental and may be applicable to developmental and journeyman level positions. Section 15.4-Unacceptable Performance: 1. When it is first observed that a technician is developing performance trends which indicate the potential for unacceptable performance in any standard, the supervisor will begin counseling sessions to inform the technician of specific performance deficiencies. The sessions may also include recommendations for corrective actions, examine available training options and other support which may be available to assist the technician in attaining and maintaining a Fully Successful level of performance. The Supervisor should annotate this counseling in pencil on the Supervisor’s Employee Brief. 2. If informal counseling does not correct the problem in a timely manner, the supervisor should develop a formal Performance Improvement Plan in accordance with established government and agency regulations (TPR 430 and SCNG Supplement 1 to TPR 430). 3. If the technician’s overall performance rating is Unacceptable in any one of the critical elements of the performance standards, the technician will be considered for personnel action based upon unacceptable performance. Normally, personnel actions taken as a result of unacceptable performance will be a reduction in grade, reassignment to a position for which the technician demonstrates more suitable qualifications, or removal. 4. With-in-Grade Increases may be withheld when an employee is in a Performance Improvement Plan. 5. If performance based action (reduction in grade, reassignment or removal) is warranted, it will be accomplished in accordance with applicable regulations, as modified by this Agreement. Section 15.5-Definitions: 1. Appraisal period - The period of time, normally one year, but not less than 120 days, for which a technician’s performance will be evaluated.

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2. Appraiser – The supervisor who has first-hand knowledge of the technician’s performance is responsible for establishing performance standards, for counseling the technician on the critical and major job elements, and for appraising the technician based on previously established, mutually understood performance standards. The appraiser is the technician’s immediate supervisor. 3. Reviewer - Normally, the second level supervisor in the supervisory chain. This person is responsible for standardizing the rating methods of the first-line supervisors. 4. Approving Official - A Management official in the supervisory chain at a level higher than the reviewing official. 5. Performance Standards - A specific and objective description of the desired level of achievement necessary to achieve a Fully Satisfactory performance of the duties and responsibilities of the position. Section 15.6-Appeals: 1. A technician desiring to file an appeal will forward a written request in letter format to HRO. The appeal cannot be filed later than 30 calendar days after the date on which the technician receives a copy (signed by management) of the appraisal. As a minimum, the appeal request will contain the following information: a) Name of the technician filing the appeal; b) Organization; c) The appraisal being appealed, to include the time period covered by the appraisal; d) Information which serves as the basis for an appeal, to include reasons why the appraisal should be changed; e) Date the notice of appraisal was received by the technician; and f) Name of technician’s representative, if so requested by the technician. 2. Appeals must be addressed and forwarded to: Office of the Adjutant General of SC Attn: TAG-HR 1 National Guard Road Columbia, SC 29201-4766 50

3. The appeal will be presented to the State Review and Appeals Board which will be convened by the HRO and will have at least one representative of the Labor Organization as a member. 4. The Adjutant General will issue a final decision within thirty (30) calendar days of receipt of the recommendation from the State Review and Appeals Board. This decision may be delayed, should there be mitigating circumstances warranting such a delay. Should a delay be necessary, the HRO will keep the technician and his representative informed in writing of the progress of the appeal.

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ARTICLE XVI INCENTIVE AWARDS Section 16.1-General: The Labor Organization and the Employer agree that a well managed Incentive Awards Program (IAP) can greatly benefit the technician program and be of real significance in improving the morale and well being of the work force. The Employer will continuously publicize all aspects of the program and the Labor Organization will undertake to encourage technician participation. Section 16.2-Program Objectives: Incentive awards are an effective means to achieve greater efficiency, economy, and improvement of operations in the technician program by encouraging active participation of technicians. The program recognizes and rewards technicians, individually or collectively, for achievements and suggestions contributing to the efficiency, economy, or other improvements of government operations that exceed normal job performance requirements, as well as those who perform outstanding special acts or services in the public interest in connection with official employment. Section 16.3-Program Scope: The IAP addresses awards or recognition in the following areas: 1. Suggestions; 2. Inventions; 3. Sustained Superior Performance (SSP); 4. Special acts or services; 5. Length of service recognition; 6. Honorary awards and other methods of recognition; 7. Letters of commendation or appreciation; 8. Quality Salary Increase (QSI); 9. On-the-Spot cash awards; and 10. Time-off awards.

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Section 16.4-Program Administration: The parties agree that the details outlining the purpose, scope, and administrative procedures relating to the IAP are published in TPR 451 and further defined, as pertains to members of the bargaining unit, in this Article. Section 16.5-Incentive Awards Committees: Incentive Awards Committees will be established by the Employer and will serve all technicians in the State. The Employer agrees to establish a committee of which one member will be a representative of the Labor Organization. The Chairperson will be appointed by the Employer. Section 16.6-Program Promotion: 1. The Employer agrees to provide for maximum publicity of the technician IAP. 2. The Employer will publish information on approved awards as deemed appropriate in order to further publicize the IAP.

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ARTICLE XVII MERIT PROMOTION AND PLACEMENT (MPP) OPPORTUNITIES Section 17.1-Policy: The Employer agrees to implement a Merit Promotion and Placement Plan (MPP). The Employer agrees that all MPP opportunities shall be processed and selections accomplished on a fair and equitable basis from among the best qualified applicants. Section 17.2-Objectives of the Merit Promotion and Placement (MPP) Policy: 1. To bring to the attention of management, on a timely basis, qualified applicants from whom to choose. 2. To give technicians an opportunity to receive fair and appropriate consideration for higher level jobs. 3. To insure maximum utilization of technicians. 4. To provide an incentive for technicians to improve their performance and to develop Knowledge, Skills, and Abilities (KSAs). 5. To provide attractive career opportunities for technicians. Section 17.3-Position Announcements: When positions are announced, they will contain, as a minimum, the information indicated below, and distribution will be made throughout the area of consideration. One copy will be furnished the Labor Organization. 1. Announcement Number. Position title, PDCN, series and grade, and salary range. 2. Type of Appointment. Excepted or Competitive. 3. Military Requirements. (Officer, Warrant Officer, Enlisted) and compatibility requirements. 4. Organizational and geographical location of the position. 5. Information regarding known promotion potential or merit placement, when applicable.

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6. Opening and closing dates and how to apply. 7. Equal opportunity statement. 8. Area(s) of consideration. 9. Selective placement factors. 10. Instructions for applying. 11. Qualification requirements for the position to include specialized and/or generalized experience, KSAs, mental aptitude and physical requirements, and other criteria. 12. Brief description of duties. 13. Appropriate medical screening requirements established for the position. 14. Appropriate position sensitivity/security clearance requirements. Section 17.4-Announcements: 1. Technician vacancy announcements for MPP opportunities will have a minimum open period of 10 workdays for on-board announcements and 30 calendar days for open positions. 2. Technicians on leave, in a school or training status, or absent from their normal work location for any other authorized purpose during the announcement period, will advise HR, in writing, they wish to be considered for all positions they may be qualified (as specified in the request). Section 17.5-Application Supply File: 1. Indefinite Positions-To fill indefinite positions in frequently filled areas, an application Supply File bank will be used. Open announcements will be maintained for these positions. When these positions become vacant, the applications on hand in the HRO will be forwarded for selection. 2. On Board-Open announcements for frequently filled positions will be posted and an Application Supply File maintained at HRO. When positions become available, the applications in the application bank will be forwarded for selection.

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Section 17.6-Areas of Consideration: 1. First Consideration will be given to qualified on board technicians. 2. Second Consideration will be given to current members of the SCNG. 3. Third Consideration will be given to qualified individuals who are eligible for membership in the South Carolina National Guard. 4. Exception to these criteria will be coordinated with the Labor Organization on a case-by-case basis. Section 17.7-Evaluation Criteria: 1. Evaluation as to whether or not the applicant meets the qualifications for the position rests with the HRO using the locally and NGB published qualifications as a guide. 2. If there are more than ten (10) qualified applicants for the position, the HROappointed panel tasked with ranking the candidates (IAW with TPR 335, Chapters 4 and 5) will consult the Labor Organization in a reviewing and recommending capacity. Section 17.8-Exceptions to Competition: The following technician personnel actions will be processed as exceptions to competitions. 1. Promotion due to issuance of new classification standards or the correction of a classification error. 2. Placement of overgrade technicians entitled to grade retention as a result of a Reduction in Force (RIF), reclassification, or reorganization. 3. Promotion when competition was held earlier; i.e., position advertised with known promotion potential. 4. Management directed or voluntary reassignment of technicians to positions in the same grade and pay plan and having no higher promotion potential. Consideration will be given to the impact such actions may have on the potential upward mobility of other technicians 5. Position changes resulting from application of RIF procedures. 6. Temporary promotions not to exceed 120 days.

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7. Detail, using a Standard Form 52, to a higher graded position not to exceed 120 days. 8. Selection of a former technician from the reemployment priority list for a position at the same or lower grade than the last one held. 9. Temporary Appointments. These will be for one year and may be extended for a maximum of one additional year only. The affected personnel may be separated at any time without advance notice. Section 17.9-Referral of Candidates: 1. Following the evaluation of candidates, the HRO will refer the qualified candidates to the Selecting Official. Candidates will be listed alphabetically using the Referral and Nomination Certificate. 2. The HRO will advise, in writing, those individuals who did not meet the qualifications required for the position. Section 17.10-Selection Procedures: 1. The Selecting Official, normally the first-line supervisor, is entitled to select or decline to select any referred candidate. 2. The Selecting Official will provide for a fair and impartial interview of each eligible candidate on the Referral and Nomination certificate. 3. All those eligible listed on the Referral and Nomination Certificate will be considered. 4. If the Selecting Official elects not to select any individual from the Referral List, the Certificate will be returned to the HRO. The decision not to fill the position with any of the individuals found qualified by HRO-Staffing must be explained as to why a selection was not made (for each applicant). 5. Individuals selected for positions will be notified at the same time that nonselected individuals are advised of their non-selection. These notifications will be accomplished (by mail) by the HRO ONLY, not the Selecting Official. 6. Any technician who believes that proper procedures were not followed in filling a particular position may present a grievance under the provisions of the negotiated grievance procedure. A grievance will not be considered when it is based solely on non-selection.

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7. After the technician has initiated a grievance, the Employer agrees to permit the technician’s representative to review the applicant’s documents and/or records relative to the placement action for the position for which applied. 8. The Employer will maintain merit placement action records, for a period of two years, in a manner which will allow for reconstruction of said placement action. When a grievance has been initiated concerning a placement action, merit placement records relating to the grieved placement action will be retained until the matter is settled.

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ARTICLE XVIII REDUCTION IN FORCE (RIF) Section 18.1-General: 1. A Reduction in Force (RIF) occurs when a technician is released from his or her competitive level by separation, change to lower grade, furlough for more than 30 days, or reassignment involving displacement of another technician. Such action may be due to a lack of work or funds, reorganization, transfer of functions, or the need to place a technician exercising restoration rights. 2. The following actions do not constitute a RIF: a) Separation of technicians who fail to accompany a transfer of function; b) Management reassignment of a technician to a vacancy at the same grade; c) Termination of temporary technicians; d) Downgrades as a result of reclassification; e) Termination of temporary promotions; f) Elimination of technicians through disciplinary/adverse action procedures; g) Furlough of 30 days or less. Section 18.2-Policy: 1. A RIF will be accomplished in accordance with the appropriate regulations. 2. All RIF’s, reorganizations, downsizings, realignments, restructures, or personnel actions which affect more than two technicians will be presented to an Army/Air Rightsizing Committee which will include Labor Organization representatives; the HRO will appoint this Committee at the time it is needed. 3. The Rightsizing Committee may recommend the specific area(s) for RIF. 4. The Employer agrees to consider all reasonable actions to avoid or minimize the impact of a RIF. Consideration will be given to curtailing recruitment or promotion in the geographical or specialty area(s) affected by the RIF. Existing vacancies will be considered to retain qualified technicians who would otherwise be separated. Every effort will be made to retain technicians affected by a RIF to prevent separation.

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Section 18.3-Employer Responsibilities: The Employer agrees to: 1. Notify the Labor Organization of actions requiring a RIF within ten (10) days of receipt by the HRO. 2. Provide briefings, as appropriate, to keep the technician work-force informed. 3. Assure that applicable regulations are available for review by the Labor Organization and technicians concerned. 4. Develop an aggressive placement program for adversely effected technicians. Section 18.4-Competitive Area: A competitive area is the area designated by the Rightsizing Committee within which technicians compete during a RIF and is described geographically, organizationally, or with a combination of both. The competitive area must be large enough to permit adequate competition among technicians, and yet be limited to the point of being administratively manageable. Section 18.5-Competitive Level: 1. A competitive level consists of all position within a competitive area which are in the same grade, same type of service (Excepted or Competitive), and are so alike in qualification requirements, duties, and responsibilities that the incumbent can be moved from one position to another without undue interruption to the work program. The establishment of competitive levels is the responsibility of the HRO. 2. A competitive level may consist of only one position when that position is not interchangeable with or similar to other positions. Section 18.6-Establishment of Retention Registers: 1. The Employer will establish a Retention Register before releasing technicians from their competitive level. The Register will show competing technicians in descending order starting with the highest score first. The Retention Register documents any action being taken and is maintained for every RIF action, even when the released technician occupies the only position in the competitive level. 2. When a Retention Register is established, it will list all competing technicians in descending order by Tenure Groups, I, II, and III.

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3. Retention standing within each Tenure Group is established by using the following criteria: a) Technician Performance Appraisal score. b) Service Computation Date (SCD) for ties; and c) Technician Service Date as an additional tie-breaker, if needed. 4. The Labor Organization will be given the opportunity to review the Retention Register(s) established in conjunction with the RIF. Section 18.7-Performance Appraisal: 1. The average of the last three (3) Performance Appraisals received during the preceding four (4) years on file with the HRO will be the score used on the retention register. An official cutoff date for receipt of performance appraisals will be established by the Army/Air Rightsizing Committee. 2. If a decision on an appealed Performance Appraisal is issued prior to the effective date of a RIF personnel action, the new Appraisal, if applicable will be used. Section 18.8-Release from Competitive Levels: 1. When a RIF requires the release of one or more technicians from a competitive level, all technicians in Tenure Group III within the competitive level of the RIF are selected for release before any in Groups I or II, and all in Tenure Group II before any in Tenure Group I. In each group, technicians are selected for release in the order of their retention score, beginning with the lowest score. 2. The Employer will tender replacement offers to those technicians affected by RIF in accordance with appropriate regulations. Section 18.9-Minimizing the Effects of Reduction in Force (RIF) Through Early Retirement: A technician may request early retirement under the following conditions: 1. Upon receipt of approved request to offer voluntary early retirement from DOD and NGB. 2. The technician is within the competitive area.

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3. During the limited time set by DOD. 4. The technician must have served for at least one year under the Federal Retirement System within the two-year period immediately preceding the separation upon which the annuity is based. 5. The technician must meet either one of the following minimum requirements: a) Attainment of age 50 and completion of 20 years of creditable service, including five years of civilian service; or b) Regardless of age, completion of 25 years of creditable service, including five years of civilian service. Section 18.10-Reduction In Force (RIF) Notices: 1. General Notice. When it cannot be determined what specific personnel actions will take place during a RIF, General Notices may be issued. A General Notice must be supplemented by a Specific Notice before a technician can be released from his competitive level. 2. Specific Notice. Before releasing a technician from his competitive level, he must be given a Specific Notice that states clearly what action will be taken and the effective date of such action. The technician must receive the notice at least 60 calendar days before the date of release. A Saturday, Sunday, legal holiday or Downday may not be counted as the last day of the period. 3. Specific Notice Information. The following information, as applicable, is to be included when preparing a Specific Notice of RIF. a) Reason for the RIF; b) Specific action to take place (e.g., separation, furlough, offer of change to lower grade, etc.); c) Title, grade, and salary of current position; d) Competitive area and competitive level designated; e) Service Computation Date, Technician Service Date, and retention rating; f) The position title, grade, salary, and location of any position offer or the reason why no offer can be made. Also, include the military grade requirements;

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g) Reasons for any exceptions to retention order; h) Effective date of the proposed RIF; i) Where the technician may review Retention Registers and RIF regulations, and the HRO personnel specialist to contact for information; j) Appeal rights, how to file them, and any time limits proposed; k) A clear explanation of the technician’s grade and/or pay retention entitlements; l) Severance pay eligibility; m) Placement information and eligibility for Reemployment Priority List; n) Discontinued service retirement eligibility; and/or o) A request for the technician to acknowledge receipt of the Notice and to accept or decline any offer. Section 18.11-Placement Action: 1. The Employer will take positive action to assist technicians affected by a RIF or transfer of function when: a) The technician previously held competitive appointments and has career status. b) The technician is qualified for the position or can meet the prerequisites necessary to qualify with a minimum of training and has the capacity, adaptability, and basic skills needed for the position. c) The position has a representative rate no higher than the rate of the position from which the technician is being released. d) The position to be offered is within the commuting area. 2. Reemployment Priority List. A Reemployment Priority List must be maintained for Tenure Groups I and II technicians separated in a RIF. Upon receipt of a Specific Notice of separation, technicians will be placed on this list. Technicians will remain on this List for two years, unless they decline in writing, accept a full-time position, or decline the offer of a full-time position in the Federal Government.

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3. Priority Placement. All technicians entitled to grade retention as a result of a RIF will be afforded priority placement for vacant positions. Such placement action will be in accordance with the procedures listed in Part III-National Guard Placement Plan for Technicians under Grade Retention (TPR 300 (335)) Section 18.12-Appeals 1. A technician may appeal to the Adjutant General no later than 30 calendar days after the effective date of the action. a) The appeal must be in writing and must include the following information: i) Name; ii) SSAN; iii) Position title, series and grade, and PDCN; and iv) Place of employment. b) The appeal must clearly state the reason the technician believes the action affecting him is inappropriate, and must show that the Employer failed to comply with the RIF procedures outlined in TPR 351; e.g., insufficient notice, improper Tenure Grouping, and errors in Service Computation Date. 2. Decision on Appeal. The Adjutant General will issue a written decision within 30 days of the appeal. A copy of the decision stating what corrective action will be taken is then forwarded to the technician and the Labor Organization. The decision of the Adjutant General is final, and there is no further right of appeal.

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ARTICLE XIX CONTRACTING OUT Section 19.1-General: It shall be the policy of the Employer to openly and fully discuss with the union any review of a function for contracting out or consideration of contracting out of a new or revised function. The Employer agrees to take all reasonable actions to minimize the impact on employees when a function is contracted out. Affected employees will be reassigned and/or retained to the maximum extent possible. Maximum retention of career employees shall be achieved by considering attrition patterns and restricting new hires. Section 19.2-Third Party Intervention: The Labor Organization will be provided the opportunity to conduct Impact & Implementation bargaining in accordance with 5 U.S.C., Chapter 71. In the event the Labor Organization files a grievance over actions arising from the decision to contract out, the Agency and the Labor Organization agree to use an accelerated grievance procedure.

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ARTICLE XX TRAINING/EDUCATION Section 20.1-General: Although it is expected that personnel are basically qualified to perform their duties as a prerequisite to employment, the Employer and the Labor Organization recognize the continuing need for additional training or retraining. Section 20.2-Training Program: The Employer is responsible for training programs as may be required to improve the efficiency of the SCNG Technician Program. In developing these training programs, the Employer agrees to review plans with and consider recommendations from the Labor Organization. Section 20.3-Training Option: Technicians involved in a RIF or a major equipment change and reassigned to a position that is not related to their past job description will be considered for a resident school, if one is available for retraining. Section 20.4-Notification of Training Availability: The Employer is responsible for insuring that technicians are made aware of the availability of funded civilian courses on a timely basis. Section 20.5-Schools: 1. Training in a technician status is authorized by appropriate regulations. 2. Before technicians attend military service schools, they will be advised of the school’s requirements to the extent possible. Technicians must comply with the requirements of the school. 3. Government quarters must be used if available. 4. Technicians will not be required to perform incidental military duties such as charge-of-quarters, barracks chief, officer-of-the-day, etc., but will expected to perform additional duties required of any civilian class member.

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ARTICLE XXI TRAVEL AND TEMPORARY DUTY (TDY) Section 21.1-Per Diem: 1. Travel and per diem will be authorized in accordance with DOD JTR Volume II. Technicians will not be directed to perform official travel at their own expense or at rates of allowances or reimbursement inconsistent with the provisions contained in Volume II of the JTR. 2. Technician travel orders (TDY orders) will be issued when technicians are given work assignments at locations where the combination of actual hours of work and travel time exceeds 10 hours. Only in an emergency or unusual circumstances will employees be required to travel without orders. 3. Air Guard Personnel - All employees will be offered use of a government sponsored credit card for official use only. Advances for travel may be obtained from a bank ATM. 4. Army Guard Personnel - All full-time federal employees who travel on official government business a minimum of once per year are eligible for a government sponsored credit card for official use only. Advances for travel may be obtained from a bank ATM. 5. In the event a technician cannot get an advance from a bank ATM when assigned to a TDY location, and such duty would cause financial hardship, the technician’s assignment will be reevaluated and consideration of the circumstances will be given to the affected technician. Removal from such TDY may be accomplished at the supervisor’s discretion. Section 21.2-Travel Notification: 1. Travel will be scheduled in a fair and equitable manner. Employees will normally receive their travel orders no less than five (5) working days prior to first day of travel. Employees will be selected so as to accomplish the mission effectively. Employees traveling in civilian status may wear civilian attire as authorized in paragraph 6e, Technician Personnel Regulation (TPR) 400. 2. Prior to a planned mission in a technician status away from home station, affected personnel should be briefed by appropriate management representatives no later than five (5) days, if the mission permits such prior notification. The briefing should include, but is not limited to, areas concerning pay, allowances, types of travel, types of quarters, types of leave

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used, use of credit cards and acceptance of them at the TDY location, and the names of supervisors in charge of all aspects of the mission. Under conditions of an operational emergency requiring deployment, whenever possible, technicians will be afforded a 72-hour advance notice. Volunteers will be requested and considered in all such operations. Section 21.3-Quarters: 1. Employees who travel on support trips to posts, camps, stations, bases, and depots will be required to utilize government quarters when available and adequate for the employee’s civilian grade in accordance with applicable regulations. A verification of availability/non-availability of quarters and transportation will be made by the Employer no later than five (5) working days in advance of the beginning of the support trip and will be documented on the travel orders. 2. Upon return to home station after completion of a TDY tour, if a technician alleges that quarters were severely inadequately and not in accordance with established regulations, the supervisor will investigate the complaint. The results of this investigation/inquiry will be given to the technician and the Labor Organization as required. Section 21.4-Compensatory Time: Technicians may earn compensatory time while performing technician duties at the TDY station when the hours of work extend beyond the normal duty day. Section 21.5-Telephone Calls: Employees in support trip travel status may use the government telephone system for calls (including calls over commercial system which will be paid for by the government): 1. To notify the family when the employee is injured or becomes ill. 2. To notify the family physician, etc., when an employee is injured or becomes ill. 3. To notify the family when traveling is changed due to official business or transportation changes. 4. All employees traveling for more than one night on government business may make calls to their residence. Calls will be limited to two per week with a duration not to exceed three minutes. When available, the employee may use DSN lines.

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Section 21.6-Travel Options: 1. Technicians have the option of selecting their choice of transportation for Employer-directed travel. If travel is scheduled by common carrier and the technician elects to provide his own transportation, reimbursement will be made in accordance with applicable JTRs. If travel is furnished by the government, the technician is not entitled to reimbursement. Official travel time for technicians providing their own transportation will be the required time of the scheduled common carrier or the government furnished transportation. 2. Compensatory time may be granted when a technician is traveling from a TDY station to permanent duty station and a government owned, leased, or rented vehicular breakdown occurs causing arrival at home station after normal duty hours.

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ARTICLE XXII DUES AUTHORIZATION & REVOCATION PROCEDURES Section 22.1-Allotments: 1. The Labor Organization agrees to procure Standard Form 1187s, “Request and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues,” and furnish them to eligible members desiring an allotment for withholding of dues from their pay. 2. The President or other authorized officer of the Local will certify on each SF 1187 that the employee is a bargaining unit member in good standing in the Local, insert the amount to be withheld, and submit the completed SF 1187s to the payroll serving officer of the agency. 3. The President or other authorized officer of the Local shall notify the payroll servicing officer of the agency when the Local’s dues structure changes. The change shall be effected at the beginning of the first full pay period after receipt of such notice. Such a change may not be effected more than twice in a twelve (12) month period. 4. Allotments will be effective at the beginning of the first full pay period after receipt of an SF 1187 by the payroll servicing officer. 5. The Local will promptly notify the payroll servicing officer, in writing, when a member of the Local is expelled or ceases to be a member. 6. The Employer agrees to have the payroll servicing officer prepare a biweekly remittance check at the close of each pay period for which deductions are made and forward it to the financial officer of the Local. The check will be for the total amount of dues withheld for the pay period. 7. The President of the Local will immediately notify the appropriate payroll servicing officer in writing of any change in the name and/or address of the financial officer of the Local. 8. The agency will submit, with the remittance check, a listing of the members and amounts withheld for each member. The list will also include the names of those employees for whom allotments have been permanently or temporarily stopped and the reason therefore (e.g., moved out of the unit, separation, LWOP, insufficient income during pay period.)

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9. A member may voluntarily revoke an allotment for the payment of dues by filling out an SF 1188, “Revocation of Voluntary Authorization for Allotment of Compensation for Payment of Employee Organization Dues,” and submitting it directly to the payroll servicing officer. The payroll office will provide the Local a copy of the revocation SF 1188. It is understood that dues may only be revoked in intervals of one-year, beginning on or after the first anniversary date of the allotment. 10. Management agrees to provide this service without charge to the Local members and to continue this service regardless of contract status as long as the Local holds exclusive recognition.

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ARTICLE XXIII USE OF FACILITIES Section 23.1-Space for Labor Organization Meetings and Training: Upon request from the Labor Organization, the Employer will provide space, when available, to conduct official Labor Organization meetings or Labor Organization sponsored training sessions. The Labor Organization will normally submit written requests for meeting space five (5) days in advance of the date on which the meeting will be held. The Employer will respond, in writing, indicating concurrence/non-concurrence and, in the event of non-concurrence, provide the Labor Organization reasons for such action. Section 23.2-Bulletin Boards: 1. The Labor Organization will be provided a bulletin board in any work area with five or more members of the bargaining unit. 2. The Labor Organization is responsible for maintaining bulletin board. Section 23.3-Interoffice Mail: The Labor Organization shall have access to the use of the interoffice mail and messenger service at each activity for correspondence between the Labor Organization and Management officials. All correspondence which requires a response within a specified time-frame will be signed and dated upon receipt. The response period begins upon receipt. Section 23.4-Office Space and Equipment: The Local will be provided with an office in a location suitable for normal business activities. Restroom facilities and drinking water will be available in the building in which the office is located. The office will have a telephone installed with access to commercial trunk lines. The office will have a connection for a computer to the LAN system to facilitate the use of e-mail. The Labor Organization will be afforded use of the following office equipment: computers, copy machines, and facsimile machines. The Local will be responsible for providing supplies necessary for the above equipment. Public address equipment is available for use by the Labor Organization.

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ARTICLE XXIV WAGE SURVEYS Section 24.1-General: The Employer shall notify the Labor Organization as soon as practical when information is received that higher authority has directed the start of an official wage survey in the area. When the wage survey lead agency requests the Agency to participate in the wage survey, the Employer will notify the Labor Organization who will nominate Labor Organization representative(s) for appointment to the Wage Survey Data Collection Team. The number of personnel to be appointed to the Data Collection Team will be determined by the lead agency. However, the Employer agrees to appoint at least one representative of the Labor Organization to the Team. Section 24.2-Requests for Wage Surveys: It is agreed that the Labor Organization shall have the right to request a full scale wage survey to be conducted when significant industry wage raises have taken place in the area, and such request and substantiating data shall be promptly forwarded to NGB. Section 24.3-Organization, Functions, and Responsibilities: Organization, functions, and responsibilities of the Agency and local Wage Survey committees shall be as prescribed in DoD Directive 5120.39, “Department of Defense Wage Fixing Authority Appropriated Fund Compensation.” The Employer agrees that any representative of the Employer appointed to serve on a Wage Survey Team shall be a supervisor or manager who has work experience, training, and knowledge of the functional area of the technicians covered by the survey. Section 24.4-Wage Survey Data: The Employer agrees to furnish, at the request of the lead agency, wage survey supporting data needed to identify the numbers and classes of technicians covered by the survey. Copies of such data will be provided to the Labor Organization.

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ARTICLE XXV PUBLICATIONS Section 25.1-Publications: Procurement of pertinent regulations, directives, and publications to the technician program will be the responsibility of the Labor Organization. The Employer agrees to provide Employer-published regulations, directives, and publications. Section 25.2-Manning Documents: Upon request, the Employer will provide the Labor Organization a copy of the current technician manning document showing the positions authorized for a specific installation or facility for both Army and Air. Section 25.3-Access to Management Directives: The Labor Organization will be provided with five copies of the Supervisor’s Handbook and placed on the mailing list for any changes to the Handbook. These Handbooks will be maintained by the Labor Organization.

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ARTICLE XXVI AGREEMENT ADMINISTRATION Section 26.1-Effective Date: The effective date of this Agreement shall be after execution by the parties and approval by the Agency. Both dates will be made part of the Agreement prior to its distribution. Section 26.2-Agency Approval: 1. A contract between the Adjutant General of SC and the Labor Organization is effective on the thirty-first day after the signature of both parties, except for those Articles not in compliance with the law or existing regulation. 2. The Adjutant General and the President of Local 117 will hold an official signing ceremony. 3. In the event the Contract is not approved and returned, negotiations will resume on the articles in question. Section 26.3-Agreement Duration: 1. This Agreement shall expire three years after the effective date. Further, the Agreement will be terminated by the Adjutant General upon certification by proper authority that the Labor Organization no longer represents the employees in the bargaining unit. 2. The terms of this Agreement may be extended beyond the expiration date: a) In one-year increments based on mutual agreement of the parties; and b) During a period of declared national or state emergency by the mutual consent of the parties. Section 26.4-Agreement Amendment: 1. The Agreement may be subject to modification as a result of a change in, or issuance of, an appropriate new law or 2. The Agreement may be subject to modification by mutual consent of the parties. 3. A request for an amendment or modification of this Agreement by either party shall be in writing setting forth the need or reason for the proposed changes and a summary of the changes. 75

4. Representatives of the Employer and the Labor Organization will meet within 30 days to commence negotiating the proposed amendment or modification, unless a later date is mutually agreed upon. No changes other than those specified in the summary will be considered. 5. Approval of an amendment or modification to the Agreement will be accomplished in the same manner as provided for approval of the basic Agreement. Section 26.5-Negotiating a New Agreement: 1. Negotiations for a new Agreement will commence no earlier than 180 calendar days nor later than 90 days prior to the termination of this Agreement. In the event either party fails to request negotiation of a new Agreement within the established time frame, this Agreement will automatically extend for a period of one year. 2. Thirty days prior to the start of negotiations of a new Agreement, two representatives of the Employer and two representatives of the Labor Organization will meet to initiate a MOU establishing the ground rules for the conduct of negotiations.

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ARTICLE XXVII PARTNERSHIP COUNCIL Section 27.1-Partnership Goals: The goals of this partnership are to further the Agency mission, foster more productive and cost-effective service to the activity’s customers, and to enhance the working conditions and morale of the employees. Section 27.2-Communications: The Labor Organization has the sole right and responsibility to develop and communicate the ideas, suggestions, and positions of members of the bargaining unit. Management will cooperate in ensuring reasonable access to employees during work hours for this purpose (including, where appropriate, group meetings). Labor Organization Representatives will have sufficient official time to conduct these contacts and otherwise prepare for and carry out Partnership activities.

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ARTICLE XXVIII FITNESS PROGRAM Section 28.1-SCNG Fitness Program: 1. Technicians may be permitted to participate in a form of aerobic activity (walking, running, bicycling, and spa-type aerobic exercise) or to use Nautilus-type equipment three (3) times a week, one (1) hour per day. All activities must originate and terminate at the work-site. 2. The first-line supervisor is responsible for scheduling the exercise periods within the work center. Technicians will cooperate with their supervisors and fellow workers to insure the program is implemented equitably and without negatively impacting the work center’s output. 3. The first-line supervisor may schedule exercise periods outside the normally scheduled periods if the mission limits the technician’s ability to participate in the program.

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ARTICLE XXIX THE UNIFORM Section 29.1-Uniform Requirements: Employees are required to wear the military uniform commensurate with their grade and component while accomplishing technician duties and responsibilities. The employer will provide the following items: 1. The military uniform in a “ready to wear” fashion: emblems, nametags, insignia, etc. 2. Four (4) sets of uniforms to each technician. 3. Brown undershirts. 4. Black socks. 5. Pair of boots. 6. Cold and foul weather gear as provided in Safety and Health Article XII.

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ARTICLE XXX OTHER ASSIGNMENTS Section 30.1-Details: A detail is the temporary assignment of a technician to a different position. Detailing to positions or work assignments requiring higher or different skills will be based on a valid need as determined by appropriate authority and will be in accordance with appropriate regulations. Sections 30.2-Emergencies: The detail method may be used to meet emergencies occasioned by such factors as abnormal workload, changes in mission or organization, unanticipated absences, pending authorization and classification of new positions or other types of manpower needs that cannot be met by normal personnel replacement actions. Section 30.3-Rotation: The detail procedure will not become a device to afford employees an opportunity to gain qualifying experience unless the detailed employee was selected through merit promotion procedures. Section 30.4-Personnel Actions: All details will be reported on the appropriate forms and maintained as a record in the Official Personnel Folder. In turn, the employee will be provided a copy of the SF 50 effecting such detail. Section 30.5-Temporary Promotion: An employee temporarily placed in a higher graded position for more than thirty (30) days may be temporarily promoted and be paid commensurate with the position. Temporary promotions for over 120 days will be selected through the merit promotion system. Section 30.6-Other Duties as Assigned: Employees must also be aware that from time to time, they may be required to perform duties other than those reflected as principal duties. Consequently, position descriptions contain a statement, “performs other duties as assigned.” These assignments must be reasonably related to the employee’s position

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and/or qualifications. However an employee may temporarily be assigned to unrelated duties when this assignment is necessary to appropriately accomplish the mission. Distribution of other duties will be made among employees of a particular skill in an equitable manner as determined by the supervisor to cause the least disruption of work and the least interruption to the mission. In no case will other duties be assigned an employee as a punishment. Selection of individuals will be made from a list of properly solicited and qualified volunteers. If no volunteers are available, selection will be made from a roster of all employees in the work area. A technician will be excused from extra duty if a qualified volunteer is available. Section 30.7 – Specific Duties Whenever language in this Agreement refers to specific duties or responsibilities of specific employees or management officials, it is intended only to provide a guide as to how a situation may be handled. It is agreed that management retains the sole discretion to assign work and to determine who will perform the function discussed. Section 30.8 - Lunch and Sanitation Facilities: The Employer agrees to maintain existing lunch and sanitation facilities (“lunch facilities” does not refer to contracted vendors). Upon request from either party, the Employer and the Labor Organization will meet at a mutually agreed upon time to discuss improvements to these facilities. If there is a demonstrated need, Management agrees to meet to discuss the establishment of such facilities, consistent with appropriate rules, regulations, and monetary constraints.

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I WITNESS WHEREOF, the parties have entered into this Agreement on _________________. For the South Carolina National Guard:

_________//signed//___________ MG STANHOPE S. SPEARS, TAG

21 February 2001 Date

For the Labor Organization:

________//signed//___________ William M. Holliman, Jr., President

21 February 2001 Date

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