Article 41
Bargaining History
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The parties' intent in this Article is to define and delineate more clearly the use of official time as well as the procedures by which the use is requested and approved. The parties desire official time to be administered in a manner which will minimize confrontation.

The Union will continue to provide the Department a list of those representatives entitled to official time under the Agreement. The Union will delineate the list as to those, if any, who are "other representatives."

Steward jurisdictions were clarified that they pertain to both Steps 1 and 2 of the grievance procedure. The President of Local 12 still retains the right to make necessary exceptions to the general rule, and will give prior notice to the Director of the Office of Employee and Labor-Management Relations.

The parties agreed to maintain the language in this Article with respect to "reasonable" official time, but clarified its meaning. In specifying that "reasonable" means that amount of time necessary to accomplish the task, the parties agreed this was not left to the subjective determination of the representative. Rather, a "rule of reason" would apply -- i.e., given the particular fact situation, what a reasonable person under normal circumstances could be expected to use and balancing this against the needs of the Agency to get its work completed.

To assist managers in planning work, the parties added language that employees or Union representatives should request official time as early as they know of the need.

The parties also clarified the amount of information employees or Union representatives need to provide in requesting official time. The principle to apply is as follows: the requester should provide the minimum information necessary to enable the supervisor to make an informed decision with respect to the amount of time requested. This will vary from situation to situation -- openness and candor as well as confidentiality should be utilized by those involved.

The matters for which official time may be used were expanded to include other third party proceedings outside the scope of the negotiated grievance procedure. In addition, a specific amount of official time was provided for the Union to prepare their financial forms required by the Government.

Recognizing the responsibilities required for effective contract administration, it was agreed that Local 12's President, First Vice President, and Head Steward will be on 100% official time.