Attached is the agreed upon Official Time form, please use this form from now on. Also attached is the letter outlining Official Time for Center Directors. If you run into any issues regarding Official Time, please let your presidents know so that the issue can be resolved. (The attachment download is located at the bottom of this wiki webpage.)
Thanks!
Lance A. Hamann, President
NFFE Local #1840, MS Valley
| File Code: | 6170 |
| Date: | November 16, 2007 |
| Center Directors |
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| U.S. Forest Service Job Corps |
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| Civilian Conservation Corps Centers |
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| RE: Official Time |
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Dear Center Directors,
Per the FS-NFFE Master Agreement, union officials who are employees will be granted a
reasonable amount of official time to perform representational functions.
Union officials must communicate with their
supervisors as
far in advance as practical to request official time, stating the nature of the representation matter identified in Section 5 (a) of the Master Agreement, the approximate amount of time needed and the location where the union official will be conducting the representational duties.
Reasonable – There is no hard-line guidance on “reasonable” amount of official time. Case law states that “reasonable time” depends on the nature and complexity of the matter. This is a judgment call under “reasonable” premise and should be supported by the facts and circumstances of the matter, (identified in Article 5.5(a)). For example, under normal circumstances neither thirty (30) minutes nor ten (10) hours may be reasonable time to prepare a pre-grievance case and notice, but four (4) hours may be considered reasonable to prepare and submit a pre-grievance. Also under the “reasonable” premise, the time a union official spends on official union duties depends on the representational caseload of the Union Official and changes in the workplace such as reduction in force, reorganizations, changes in policies, etc.
Supervisors - It is the Union Official’s immediate Supervisor’s responsibility to approve official time. If Center Directors wish to be made aware of official time it is the Union Official’s immediate Supervisor’s responsibility to inform upper management.
When a supervisor receives a request for official time, the supervisor should ensure that the reasons in the request are in accordance with the Master Agreement, Article 5.5(a) and (d).
The supervisor shall consider the effect on the workload and workplace the Union Official’s absence will have and approves or denies the request for official time, (normal workload does not preclude the release for Official Time). It is the Supervisor’s responsibility to obtain and provide coverage necessary to fulfill the duties of the Union Official while on official time. In situations where coverage is required (i.e. Teacher, Residential Living staff) and coverage is not available, or other abnormal, emergency situations precluding the Union Official’s release for Official Time, the supervisor shall prepare a notice of denial in writing to the Union Official, explaining the reasons for denial and indicate when the coverage will be available or abnormal circumstances will return to normal, and when the Official Time will be granted (normally within 24 hours).
Far in advance as practical – Again there is no hard-line guidance in determining the as “far in advance as practical” term. Case law depends on the nature and complexity of the matter. For example thirty minutes (30) minutes notice to request time to prepare for negotiations would not be considered “practical” where thirty (30) minutes notice to perform representation and contract administration functions may be practical.
Center Directors and staff are to adhere to the terms of the FS-NFFE Master Agreement and should consult with their LR Advisor/Specialist regarding any concerns or questions about the use of, or granting official time.
Sincerely,
Larry Dawson JOB CORPS DIRECTOR |
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| Cc: Job Corps Center Directors |