The Parties recognize that there are many factors which may lead to the necessity to furlough Employees. The Parties further recognize that furlough may be initiated by management due to these factors or the result of an emergency or government shutdown.
1. GENERAL. Regardless of the length of the furlough or its cause, the Parties agree to the following:
a) Employees will not be discouraged from communicating their personal opinions with the media, Congress, or private citizens regarding the furloughs as long as such communications are not in violation of appropriate laws or regulations regarding security, ethics, and Employee Standards of Conduct.
b) Employees may submit the necessary forms to change or cancel existing allotments of pay at any time prior to or during the furlough. Processing of the requested changes will be effected to the extent allowable under the conditions of the furlough (e.g. payroll office personnel exemption from a Government shut down.)
c) Employees may request cancellation of their existing CFC contributions by completing the appropriate form and forwarding to the payroll office for processing. Processing will be effected in the pay period in which received to the fullest extent possible. Employees may re-enroll under applicable regulations.
d) If an Employee properly schedules "use or lose" annual leave before the start of the third biweekly pay period prior to the end of the leave year, but is unable to use some or all of the scheduled leave because of a furlough or shutdown, the leave will be restored to the Employee to the fullest extent allowed by law and regulation. Restoration of leave requests requires the approval of the appropriate management official.
e) During periods of furloughs, affected Employees will continue to receive leave, health benefits, and retirement credit in accordance with applicable laws and regulations. The Employer will continue to provide the full Employer contributions to health benefits under the Federal Employees Health Benefits Programs for Employees affected by the furloughs as allowed by laws and regulations.
f) Employees will be allowed to seek outside employment to the fullest extent allowable under the applicable laws, rules, and regulations. Employees should contact the Bureau Ethics Office if they have questions concerning outside employment restrictions. Once the furlough is announced, Employees will be allowed to use government-owned computers and typewriters to prepare resumes and complete employment applications and associated forms on their own time.
g) Union officers will not be denied access to the Union office during furlough or shutdown. The Union president or his or her designee will provide a list of officers who will require access prior to the furlough or shutdown if officers have changed since the last list provided to management.
h) When the use of official time by a AFGE representative is based on a percentage of the individual's work schedule, the number of official hours available will not be reduced as a result of absent time due to furlough.
i) Performance evaluations will not be negatively effected because of time lost from work due to any furloughs or shutdowns which occurred during the evaluation period.
j) Unless necessitated by RIF, reorganization or Congressional action, Employees will return from furlough to the same tour of duty, duty location, and work schedule.
k) The Employer will work with Employees on a case-by-case basis to develop a repayment plan when the repayment of health or life insurance premiums following a furlough presents a financial hardship on the Employee.
l) The Employer will approve overtime, compensatory time, and credit hours as necessary and within budget constraints to reduce work back logs after a period of furlough or government shutdown.
m) When Congress passes legislation or the President signs an Executive Order allowing retroactive pay for furloughed Employees, management will pay Employees the fullest amount allowable in accordance with the legislation, executive order, and applicable government-wide laws and regulations already in existence. Management will make every effort to expedite retroactive pay.
2. MANAGEMENT-INITIATED FURLOUGH. The Employer agrees to:
a) Work in partnership with the Union through the LMRC to identify alternative actions such as an external hiring freeze, moratorium on promotions, cancellation or restriction of travel, training, overtime, work, etc. to avoid or limit the scope of a furlough.
b) Notify Employees selected for management-initiated furlough of less than thirty (30) days in accordance with legal and regulatory requirements and to include the reason for their selections in the written notice.
c) Ask for and use volunteers for management-initiated furloughs of less than thirty (30) days to the fullest extent possible.
d) Follow the regulatory requirements and the provisions of this Agreement for selection and notification of Employees for management-initiated furloughs of more than thirty (30) days duration.
e) Allow Employees access to budget and credit counseling. Interpreting services will be provided for those Employees who need them. To the fullest extent possible the counseling will be scheduled during work hours and Employee attendance will not be charged to leave. Access will consist of announced briefings on related topics as well as referrals to the Employee Assistance Program. The vendor of such counseling will be required to maintain confidentiality.
f) Afford Employees the opportunity to schedule their furlough days to the fullest extent possible. Scheduling will be based on the total number of hours required on furlough and is subject to supervisory approval. Supervisory approval will be based solely on office coverage and work requirements such as security, safety, and interface with other Employees. Every attempt will be made to accommodate the schedule chosen by the Employee.
3. GOVERNMENT SHUTDOWN. In the event of a government shutdown, the Parties agree to the following:
a) The Employer will use a telephone hotline for keeping the Employees up to date on the status of the furlough. A separate hotline will provide a TTY message, which is the same as the voice message.
b) When Employees are in a travel status and it is determined that they are not exempted from a government shutdown, return travel expenses will be paid by the USGS in accordance with the Federal Travel Regulations.
c) The Employer will make decisions on the number of Employees exempted in a fair and equitable manner based on the actual amount of work required and allowed. To the fullest extent possible, management will not require exempted Employees to perform overtime work, but will reevaluate the need for additional Employees before requesting overtime work be performed.
4. NOTICES. The Employer agrees to notify the Union in advance of Employees of it's intention to initiate a furlough.
a) Employees will receive a thirty (30) day notice for a management initiated furlough of less than thirty (30) days.
b) Employees will receive notice of a furlough of thirty (30) days or more in accordance with the procedures outlined in the RIF Article of the Agreement.
c) The Employer will provide both the Union and the Employees with as much advance notice as possible in the event of a government shutdown or emergency which results in furlough.
d) The Employer will provide Employees with as much information as is possible and is available to include:
(1) Impact to the Employee's pay and benefits
(2) Unemployment compensation
(3) EAP Counseling
(4) Point of contact for outside employment questions.