Section 1. Definitions

The following words and terms are in addition to those identified and defined in Article 2 of the MCBA.

Alternative Dispute Resolution - The definition of this phrase shall be the definition in the Alternative Dispute Resolution Act of 1996 (ADRA): Aany procedure used to resolve issues in controversy, including but not limited to, conciliation, facilitation, mediation, fact finding, mini- trials, arbitration, and use of onmbuds, or any combination thereof.@ 5 U.S.C. 571(3).

EEO complaints - Those complaints concerning matters that fall within regulations under the jurisdiction of the Equal Employment Opportunity Commission. That includes complaints concerning violations(s) of the Civil Rights Act of 1964, as amended

Neutral third party or neutrals - For purposes of this agreement concerning ADR, neutrals may be employees of the Federal government or they may come from outside of the Federal work force. A neutral is an individual who functions specifically to aid the parties in resolving a controversy. The neutral shall have no official, financial, or personal conflict of interest with respect to the issues in controversy unless such interest is fully disclosed in writing to all parties and all parties agree in writing that the neutral may serve.

Section 2. Scope of this Agreement

This agreement between AFGE local 704 and U.S.EPA Region 5 shall only be applicable to the use of ADR for equal employment opportunity (EEO) complaints. However, no bargaining unit member, or group of members, shall be forced, pressured, or coerced to use ADR for an EEO complaint. By entering into this agreement, AFGE Local 704 is not agreeing that settlements reached by a bargaining unit member through the ADR process can waive or alter any portion of the MCBA. U.S.EPA agrees that it will not enter into settlement agreements reached through the ADR process if those agreements would have the effect of waiving or altering the requirements of the MCBA .

Section 3. Training

A. U.S.EPA shall establish a regular schedule of training on ADR for bargaining unit employees involved in implementing ADR. Such training must include the theory and practice of negotiation, conciliation, facilitation, mediation, fact finding, minitrials, arbitration, use of onmbuds, mediation, and related techniques. The training shall include training regarding agency ADR policy, and a summary of U.S.EPA=s experience with ADR including statistical information regarding the number, type, and outcome of ADR efforts to resolve complaints about EEO violations. The training shall be available to union officers, stewards, and other individuals designated by AFGE local 704 as ADR contacts for the local. The schedule of training offered shall include classroom training and self instructional training. In addition to the training schedule established by U.S.EPA, U.S.EPA agrees that it will provide funds, including training fees, travel costs, and per diem, for at least two union representatives to take formal ADR related training classes outside of U.S.EPA each year. Such training classes can be as long as a week in duration. Union representatives attending such training will do so on official time. To the extent possible, AFGE local 704 agrees that it will seek low-cost or free training in the Chicago area in an effort to limit costs incurred by U.S.EPA.

B. The ADR training described in paragraph A above will be conducted on official duty time.

C. U.S.EPA Region 5 shall make available to all bargaining unit members video tapes, books, manuals, etc., concerning ADR. The reference materials shall be available in the U.S.EPA Region 5 library at all times the library is open. A separate copy of each reference document or tape should be available to be checked out for use outside of the library. Bargaining unit members must have access to the same reference materials concerning ADR that are available to U.S.EPA management and its legal counsel.

Bargaining unit members who are offered the opportunity to resolve an EEO complaint through ADR shall be notified of the availability of the reference materials on ADR before they are asked to make a decision regarding the use of ADR for their complaint. Bargaining unit members will also be allowed official time to review the reference materials in the library prior to signing any agreement to utilize ADR to attempt to resolve their complaint. Bargaining unit members shall be allowed at least 4 work hours while the library is open to review the reference materials on ADR.

Until the employee has had an opportunity to review the reference materials in the library, the time limits for filing a grievance or taking any other action under the MCBA shall be stayed. The time allowed for review of reference material in the library shall be in addition to any time needed to meet with a representative of AFGE Local 704 , or another representative of the employee=s choosing.

Section 4 Process for use of ADR

A. All EEO complainants will be advised of the opportunity to use one of the ADR procedures. Bargaining unit members will not be limited to the use of mediation but shall be allowed the range of ADR choices they feel most likely to resolve their complaint.

B. Bargaining unit members will be allowed time to familiarize themselves with the various ADR options available before they are asked to sign an agreement to utilize ADR. Bargaining unit members will be allowed time to identify and meet with a representative of their choosing before they are asked to sign an agreement to utilize ADR.

C. The bargaining unit member shall be told verbally and in writing that they are entitled to meet with a union representative prior to making any commitment regarding ADR

D. Prior to being given an Agreement to Engage in ADR form (see attached form), bargaining unit members shall be given an information package that includes the following information concerning U.S.EPA=s commitment to ADR including:

1. A description of the ADR options available to them as described in U.S.EPA=s policy published int the December 27, 2000, Federal Register.
2. A notification of their right to duty time to educate themselves about ADR.
3. A notification of their right to have time to discuss the ADR options with a representative of their choosing.
4. A notification of the affiliation of the neutrals provided by various organizations. The information sheet must indicate if it is expected that a source of neutrals utilizes Federal managers as a source of neutrals.
5. A notification that the bargaining unit member may elect to pursue the matter through the negotiated grievance procedure in the MCBA.
6. Notification that deadlines in the MCBA for filing grievances will be stayed during the time the ADR process is under consideration and underway. The stay shall begin on the day that the bargaining unit member is provided with the information package concerning ADR. The stay will continue for at least the next 10 working days the employee is on duty and not in a leave status. The stay shall be extended for good cause such as, but not limited to, situations where the employee is on travel or stationed outside of Chicago for part or all of the 10 working days the employee is on duty. The stay will continue in effect if the employee signs the Agreement to Engage in ADR and will continue in effect until the ADR has ended.

The employee will also be notified that should the 10 working day period of consideration end or should they withdraw from the ADR process, the stay will be lifted and the time frames for filing an informal and Step 1 grievance will be 30 calendar days from the date the bargaining unit member=s 10 working day period to consider ADR has ended or the date the bargaining unit member or their representative provided notice that it was withdrawing from the ADR process (except for continuing, on going matters which may be grieved at any time).

Bargaining unit members who sign an Agreement to Engage in ADR shall not be required to file an informal grievance if the ADR efforts do not result in a resolution of the complaint. Bargaining unit members shall be allowed to proceed directly to the Step 1 Grievance in that case. In the event that the employee withdraws from the ADR process and the bargaining unit member chooses to pursue the EEO complaint through the administrative procedure provided by statute and regulations, the bargaining unit member shall be allowed the time period for filing a complaint specified in regulations issued by the EEOC.

7. A notification that, under certain circumstances, information disclosed in ADR may not be kept confidential by the neutral. Bargaining unit members shall be provided with a copy of the Guidance on Confidentiality in Federal Alternative Dispute Resolution Programs published by the U.S. Department of Justice in the December 29, 2000, Federal Register as well as any revised versions of the Guidance issued after that date.

8. A commitment that costs for ADR, including fees for external neutral third parties, shall be borne by U.S.EPA.

9. Should travel be required, such as travel by bargaining unit members who work outside of Chicago to review ADR materials in the Region 5 library, or travel to ADR training and to participate in ADR, the costs of such travel shall be borne by U.S.EPA. The costs borne by U.S.EPA shall include the costs of transportation, meals and incidentals, etc. Such travel shall be treated the same way as official travel for government business.
10. A notification of the Privacy Act and the fact that a copy of any settlement achieved through the ADR process will be provided to AFGE Local 704.

D. Bargaining unit members may agree to utilize mediation as the ADR technique for their complaint and may agree to the use of the AShared Neutrals for ADR Programs@ (SNAP). However, bargaining unit members have the right, without penalty, to refuse to utilize an ADR option if the neutral is likely to be, or is, a member of management in another Federal agency. Bargaining unit members may be allowed to choose any of the ADR options they feel is most likely to resolve their complaint. Management may not refuse to engage in ADR due to the employees choice of a particular ADR option. The bargaining unit member shall not be required, pressured, or coerced to choose the ADR option that is the least costly for U.S.EPA.

E. Bargaining unit members assigned to a work location outside the City of Chicago, shall be allowed the same range of choices of ADR as a bargaining unit member who works in Chicago.

F. The bargaining unit member has the right to choose a representative and the Agency shall not refuse to engage in ADR or withdraw from ADR due to the choice of representative made by the bargaining unit member.

G. ADR proceedings shall be informal. Rules of evidence shall not apply. The bargaining unit member=s representative does not have to be an attorney. No record of the discussions that take place during ADR shall be maintained by the Agency.

H. Any materials presented to the neutral in the course of ADR, and all copies of such materials, shall be returned to the party presenting the materials at the conclusion of the ADR.

I. Prior to starting the ADR process, U.S.EPA shall identify to the bargaining unit member(s), their representative(s) and AFGE Local 704 the management representatives for the ADR as well as all U.S.EPA attorneys and other employees who are assisting management or participating in the ADR process to resolve the complaint. If additional individuals begin to assist management after the ADR is underway, management shall provide an updated notice immediately..

J. The bargaining unit member, AFGE Local 704, and the employee=s representative can individually or jointly request reasonable accommodation for ADR proceedings and management will accommodate such requests.

K. At any point in time in the ADR process, the EEO complainant(s) shall have the option to terminate ADR activities without prejudice to their EEO complaint or grievance.

L. If the ADR process is not terminated, the end product of the ADR process shall be a written agreement signed by all parties involved in the ADR. AFGE Local 704 is not required to sign each agreement unless it is a party in the ADR and it wants to sign the agreement. The failure of AFGE Local 704 to sign the agreement does not mean that it cannot be enforced if it has been signed by the bargaining unit member and U.S.EPA. AFGE=s attendance at ADR proceedings does not automatically make it a party in the ADR process.

Section 5 Union Rights

A. Representation Rights

Pursuant to Section 7114 (a) (1) of Title 5 United States Code, AFGE has been accorded exclusive recognition as the exclusive representative of the employees in the bargaining units it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the bargaining units. As the exclusive representative, AFGE is responsible for representing the interests of all employees in the bargaining units it represents without discrimination and without regard to labor organization membership. As the exclusive representative of the bargaining unit employees, AFGE local 704 is entitled to negotiate the ADR procedures used to resolve EEO complaints involving its bargaining unit members and to be present at all ADR proceedings at which its bargaining unit members are present whether or not the bargaining unit representative has requested the presence or assistance of the local.

B. Formal Meetings

Pursuant to Section 7114 (a)(2)(A) of Title 5 of the United States Code, AFGE shall be given the opportunity to be represented at any formal discussion between one or more representatives of the agency and one or more employees in the bargaining units or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment. This shall be interpreted to include all ADR proceedings including those where AFGE Local 704 is, or is not, the chosen representative of the bargaining member for purposes of the ADR proceeding.

C. Right to Grieve

AFGE Local 704 has the right to grieve, on behalf of AFGE Local 704 , agreements reached in ADR if AFGE was not one of the parties that signed the agreement or if AFGE was not present during the ADR proceedings. Individual bargaining unit members of AFGE Local 704 have the right to grieve settlements arrived at in ADR if they believe the settlement harms them by denying them a right under the contract or Federal law or they believe the ADR agreement violates a Federal law, regulation, EPA policy or other requirement. AFGE Local 704's agreement to the use of ADR in no way changes any of the requirements in the MCBA with the exception of those specifically identified in this agreement. AFGE local 704 and bargaining unit members have the right to file grievances, and take other administrative or legal action, if the terms of the settlement agreement have not been fulfilled.

D. Right to Information

AFGE Local 704 shall be given a copy of each agreement reached through an ADR process involving an employee of U.S.EPA Region 5 and U.S.EPA. AFGE Local 704 shall be given two copies of all agency documents which report on Agency ADR programs including audits of the ADR process, statistics regarding the outcome of ADR at EPA, evaluations of ADR at U.S.EPA, and any other reports concerning the ADR process used at U.S.EPA. The copies of the documents shall be given to AFGE Local 704 within two weeks of the date of the document. In the case of documents which are not given a date stamp or are kept in draft form for extended periods of time, a copy of the most recent version of the document shall be provided to AFGE local 704 within 10 days of the end of each calendar quarter until such time as a final date is stamped on the document or a decision is made to leave the document unfinished.

E. Right to Exercise Legal Rights

Nothing in this agreement shall affect any legal rights of AFGE Local 704 or its members. Nothing in this agreement shall preclude the union from exercising any and all legal rights.

Section 6 Termination

A. This agreement shall terminate no later than three years after it has been signed by both parties.

B. In the event that an agreement on ADR is negotiated and agreed upon nationally with AFGE it shall replace this local agreement in all respects.

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Charles Orzehoskie, President and Date
Chief Negotiator, AFGE Local 704

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Jeffrey Bratko, Vice-President Professional Date
Unit and Negotiator, AFGE Local 704

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Jennifer Lang, Human Resources Officer Date
and Chief Negotiator, U.S.EPA Region 5

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Levester Spearman, Civil Rights Officer and Date
Negotiator , U.S.EPA Region 5