ARTICLE

45.

Section 1 - Purpose

The parties recognize that good communications are vital to positive and constructive relationships between the Union and VA Management. These communications should facilitate and encourage the amicable settlement of disputes between employees and Management involving conditions of employment and should contribute to the effective and efficient conduct of public business. They further recognize that this consolidated unit is very large and complex and requires Union coordination of its representational activities at several levels. Thus, official time shall be granted in amounts specified by this Agreement or otherwise negotiated for the purpose of:

A. Handling grievances and other complaints,

B. Handling other representational functions, and

C. Appropriate lobbying functions.

Section 2 - Designated Union Officials/Representatives

Official time in the following amounts is authorized for each of these Union officials:

National VA Council President - 100%

Three National VA Council Vice Presidents - 100%

Eight Appointed National Representatives - 50%

National Treasurer - 50%

Fifteen District Representatives - 50%

These national Union representatives may designate a Union representative at their home station and transfer unused official time to that representative to perform the duties of the position for which official time is authorized.

Note 1: Travel and per diem is authorized for National Council Officers, District Representatives, National Representatives, and the National Safety Representative in connection with the semiannual meetings described in Article ----. Travel and per diem is also authorized as provided elsewhere in this Agreement or where otherwise agreed to by the parties or where required by law, rule, or regulation.

Note 2: When Union officials visit a facility other than where they are employed for the purpose of engaging in representational activities, they will notify Management prior to their visit. Management will notify the Union of any scheduling problems connected with the visit and the parties will attempt to work out a suitable arrangement.

Note 3: The National Treasurer, eight (8) appointed National Representatives, and District Representatives must work out mutually agreeable arrangements for their official time with local Management.

Section 3 - Accrual of Official Time

Official time authorized for National Union representatives may be used as needed; however, upon request, the Union representatives will be advanced official time from future time accrual for that leave year. Any time not used during any pay period will be accumulated for the remainder of the leave year. Any time that was not used as needed by the end of the leave year will not be carried over to the next leave year. The Council will provide the Department with a listing of the National Union representatives so that each local facility may be informed. The Council will also provide a timely notice of any change in National Union representatives.

Section 4 - Additional Time Allotted

Time spent in connection with national bargaining and LMR Committee meetings shall not be charged against the official time allotted above.

Section 5 - Travel to Other Locations

Once official time is authorized, Union representatives will be permitted to leave the worksite to discharge their functions as described in this Agreement after reporting to their respective supervisors. Where travel to another location within the jurisdiction of a local Union is necessary for representational activities consistent with the provisions of this Agreement, and the transportation is otherwise being provided to the location for official business, the Union will be allowed access to the transportation on a space-available basis and also authorized official time for travel.

Section 6 - Duty-Time Activities

For the following matters, Union representatives will be on duty time:

A. All activities relating to Partnership,

B. All activities relating to Total Quality Improvement, and

C. For cases in which a Union representative is designated as the employee's representative, preparing or presenting appeals to the Merit System Protection Board and handling discrimination claims under EEOC procedures.

Section 7 - Performance Evaluation

The use of official time, in accordance with this Agreement, will not adversely affect an employee's performance evaluation.

Section 8 - Substitutions

The Union may substitute a retired VA employee for any of the twenty-nine (29) Union designees at the semiannual LMR meetings. In those instances, VA will provide travel and per diem for that retired employee.

Section 9 - Allegations of Abuse

Alleged abuses of official time shall be brought to the attention of an appropriate Management official on a timely basis by supervisors and Management officials. The Management official will then discuss the matter with the Local or Council president as appropriate.

Section 10 - Local

A. Each VHA local is entitled to at least one Union official with no less than 40% official time. Each VBA and NCS local is entitled to at least one Union official with no less than 25% official time. Where a local represents more than one administration or facility, a Union representative at each administration or facility is entitled to the designated minimum amount of official time. In the case of integrated facilities, a Union representative at each pre-integration facility is also entitled to at least the designated minimum amount of official time.

B. For locals already above the minimum amount of official time described in Paragraph A. in this Section, existing local agreements and past practices regarding official time on the effective date of this Master Agreement shall continue in full force and effect unless and until the local parties negotiate a change.

C. The minimum amounts of official time described in Paragraph A in this Section are not intended to limit the amount of official time that can be negotiated by the parties locally.