United States Department of Agriculture

Farmers Home Administration

Temple,Texas

Effective Date: April 24, 1981

Revised 8/31/84

Labor – ManagementRelations Agreement

National Federation of Federal Employees

Local 571

Temple

AFGE LOCAL 571 OFFICERS

President (FSA) - Ronda L. Adams Ronda.Adams@tx.usda.gov PO Box 10532 College Station, TX 77842, Tel: 979-680-5192 Fax: 979-680-5234

Executive Vice President (RD) - G. Lance Smith Lance.Smith@tx.usda.gov 6113 43rd St., Suite BLubbock, TX 79407 Tel: 806-785-5644 Fax: 806-785-5974

Vice President (FSA) - David P. Marion David.Marion@tx.usda.gov PO Box 10532 College Station, TX 77842 Tel: 979-680-5223 Fax: 979-680-5234

Vice President (RD) - Deborah A. Baker Deborah.Baker@tx.usda.gov2 Financial Plaza, Suite 745 Huntsville, TX 77340 Tel: 936-291-1901 Fax: 936-294-0533

Sec/Treas (FSA) - A. Joyce StanleyJoyce.Stanley@tx.usda.gov PO Box 10532 College Station, TX 77842 Tel: 979-680-5208 Fax: 979-680-5234

Chief Steward (RD) - Van K. Hallmark Van.Hallmark@tx.usda.gov PO Box 10532 College Station, TX 77842 Tel: 979-680-5205 Fax: 979-680-5234

INDEX

PREAMBLE

ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XXIV ARTICLE XXV ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIIIARTICLE XXIX

EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K

- Recognition and Unit Designation- Definitions- Management Rights- Employee Rights- Union Rights and Representation- Provisions of Law and Regulations- Negotiations- Grievance Procedure- Arbitration- Use of Official Facilities and Services- Orientation of New Employees- Safety- Disciplinary and Adverse Actions- Actions Based on Unacceptable Performance- Position Descriptions/Classification Review- Incentive Awards- Performance Standards and Evaluation- Merit Promotion- Equal Employment Opportunity- Labor Relations Training- Flextime- Overtime- Reductions-In-Force and Outplacement- Annual Leave- Duration of Agreement- Distribution- Dues Deduction- Work Schedules and Hours of Work- Furloughs

- Grievance Form- Dues Withholding Agreement- Upward Mobility- Performance Management- Performance Management- Employee Recognition Program- Merit Promotion- Merit Promotion- Hours of Duty- Performance Appraisal- Refrigerator Policy

PAGE

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1 1 3 4 6 8 9 10 14 15 16 16 17 17 17 18 18 20 20 20 20 21 21 24 24 25 26 26.1 26.7

(Revised 10-16-2019)

PREAMBLE

This agreement is made in compliance with the Civil Service Reform

Act of 1978, by and between Farmers Home Administration (State of Texas),

United States Department of Agriculture, hereinafter referred to as the

“EMPLOYER”, and the National Federation of Federal Employees, Local 571,

hereinafter referred to as the “UNION”, for employees of the described

Unit, hereinafter referred to as “EMPLOYEES.”

ARTICLE I: RECOGNITION AND UNIT DESIGNATION

1.1. RECOGNITION: The Employer recognizes that the Union is the

exclusive representative of all employees in the unit described in

Section 1.2 below.

1.2. UNIT: The unit to which this agreement is applicable is

composed of:

Included: All employees non-supervisory GS of USDA - Farmers Home

Administration in the State of Texas including professional employees.

Excluded: Supervisors, management officials, employees engaged in

Federal personnel work other than a purely clerical capacity.

ARTICLE II: DEFINITIONS

The following definitions of terms used in this agreement shall

apply.

2.1. UNION-MANAGEMENT MEETINGS: Meetings which are held for

communication and exchange of views.

2.2. NEGOTIATION: Bargaining by representatives of the Employer

and the Union on appropriate issues relating to terms of employment,

working conditions, and personnel policies and practices, with the view

toward arriving at a formal agreement.

2.3. IMPASSE: The inability of representatives of the Employer

and the Union to arrive at a mutually agreeable decision concerning

negotiable matters through the negotiation process.

1

2.4. NEGOTIABILITY DISPUTE: A disagreement between the parties as

to the negotiability of an item.

2.5. AJIENDMENTS: Modifications of the Basic Agreement to add,

delete, or change existing portions, sections, or articles of the agreement.

2.6. SUPPLEMENTS: Additional articles, negotiated during the term

of the Basic Agreement, to cover matters not adequately covered by the

Basic Agreement.

2.7. GRIEVANCE: Grievance means any complaint:

A. by any employee concerning any matter relating to the employment

of the employee;

B. by any labor organization concerning any matter relating to

the employment of any employee; or

C. by any employee, labor organization, or agency concerning

1. the effect or interpretation, or a claim of breach, of

collective bargaining agreement; or

2. any claimed violation, misinterpretation, or misapplication

of any law, rule, or regulation affecting conditions of

employment -

2.8. EMERGENCY SITUATION: A situation which poses sudden, immediate,

and unforeseen work requirements for the Employer as a result of natural

phenomena or other circumstances beyond the Employer’s reasonable control

or ability to anticipate.

2.9. UNION OFFICIAL AND/OR UNION REPRESENTATIVE: Any accredited

National Representative of the Union and the duly elected or appointed

officials of the Local, including stewards.

2.10. AUTHORITY: The Federal Labor Relations Authority established

by the Civil Service Reform Act of 1978.

2.11. AGENCY: As used in this agreement, Agency is defined as the

Farmers Home Administration, U. S. Department of Agriculture.

2

2.12. EMPLOYER: The Farmers Home Administration, U. S. Department

of Agriculture, Temple, Texas, hereinafter referred to as the “EMPLOYER.”

2.13. UNION: The National Federation of Federal Employees, Local

571, hereinafter referred to as the “UNION”, for employees of the described

Unit, hereinafter referred to as “EMPLOYEES.”

2.14. DISCIPLINARY ACTION: A letter of caution, warning or reprimand,

or a suspension of fourteen (14) days or less.

2.15. ADVERSE ACTION: Removals, suspensions of more than fourteen

(14) days reduction in grade, reduction in pay, or furlough of thirty (30) days

or less.

ARTICLE III: MANAGEMENT RIGHTS

3.1. LAW: Subject to subsection 3.2 of this section, nothing in this

chapter shall affect the authority of any management official of any

agency

A. to determine the mission, budget, organization, number of

employees, and internal security practices of the agency; and

B. in accordance with applicable laws

1. to hire, assign, direct, layoff, and retain employees

in the agency, or to suspend, remove, reduce in grade or pay, or

take other disciplinary action against such employees;

2. to assign work, to make determinations with respect to

contracting out, and to determine the personnel by which

agency operations shall be conducted;

3. with respect to filling positions, to make selections for

appointments from among properly ranked and certified candidates

for promotion; or any other appropriate source; and

4. to take whatever actions may be necessary to carry out

the agency mission during emergencies.

3

3.2. NEGOTIATIONS: Nothing in this section shall preclude any agency

and labor organization from negotiating

A. at the election of the agency, on the numbers, type and

grades of employees or positions assigned to any organizational

subdivision, work project, or tour of duty, or on the technology,

methods, and means of performing work;

B. procedures which management officials of the agency will

observe in exercising any authority under this section; or

C. appropriate arrangements for employees adversely affected by

the exercise of any authority under this section by such management

officials.

3.3. FUTURE AGREEMENTS: The requirements of this article shall apply to

all supplemental, implementing, subsidiary, or informal agreements

between the Employer and the Union.

3.4. NONABRIDGEMENT: The provisions of this article shall not nullify

or abridge the rights of employees or the Union to grieve or appeal the

exercise of the management rights set forth in this article through

appropriate channels.

ARTICLE IV: EMPLOYEE RIGHTS

4.1. UNION MEMBERSHIP: Section 7102 of the Act provides that each

employee shall have the right to form, join, or assist any labor organization,

or to refrain from any such activity, freely and without fear of penalty or

reprisal, and each employee shall be protected in the exercise of such

right. Except as otherwise provided under this chapter, such right includes

the right

A. to act for a labor organization in the capacity of a representative

and the right, in that capacity, to present the views of the labor

organization to heads of agencies and other officials of the executive

4

branch of the Government, the Congress, or other appropriate

authorities, and

B. to engage in collective bargaining with respect to

conditions of employment through representatives chosen by

employees under this chapter.

4.2. INFORMING EMPLOYEES: The Employer and the Union shall have

a member from the negotiating team conduct informative sessions

relative to the effective administration of the agreement by the end

of the calendar year 81 within each district.

4.3. ACCOUNTABILITY: The Employer affirms the right of an

employee to conduct his or her private life as he or she deems fit,

and to engage in outside activities and undertakings of his or her own

choosing, as long as the conduct, activities or undertakings are in

accordance with Farmers Home Administration, U.S. Department of

Agriculture, and government-wide regulations governing employee

responsibilities, conduct and political activities.

Neither the Employer nor the Union will pressure employees to

contribute to any organization or cause.

4.4 NONDISCRIMINATION: No employee will be discriminated

against by either the Employer or the Union because of race, color,

creed, religion, sex, national origin, age, marital status, physical

handicap or lawful political affiliation.

4.5 RIGHT TO PETITION: The right of employees, individually or

collectively, to petition Congress or a Member of Congress, or to

furnish information to either House of Congress, or to a Committee or

Member thereof, may not be interfered with or denied.

(Revised 10-5-94) 5

ARTICLE V: UNION RIGHTS AND REPRESENTATION

5.1. RECOGNITION: Section 7114 of the Act provides, in part, that:

A. A labor organization which has been accorded exclusive recognition

is the exclusive representative of the employees in the unit it represents

and is entitled to act for, and negotiate collective bargaining agreements

covering all employees in the unit. An exclusive representative is

responsible for representing the interest of all employees in the unit

it represents without discrimination and without regard to labor organization

membership.

B. An exclusive representative of an appropriate unit in an agency

shall be given the opportunity to be represented at

1. any formal discussion between one or more representatives

of the agency and one or more employees in the unit or their

representatives concerning any grievance or any personnel

policy or practices or other general condition of employment;

or

2. any examination of any employee in the unit by a representative

of the agency in connection with an investigation if

a.the employee reasonably believes that the examination

may result in disciplinary action against the employee;

and

b.the employee requests representation.

C. An agency and any exclusive representative in any appropriate

unit in the agency, through appropriate representatives, shall meet

and negotiate in good faith for the purposes of arriving at a collective

bargaining agreement. In addition, the agency and the exclusive

representative may determine appropriate techniques, consistent with the

provisions of section 7119 of this title, to assist in any negotiation.

6

D. The rights of an exclusive representative under the

provisions of this subsection shall not be construed to preclude

an employee from

1. being represented by an attorney or other

representative, other than the exclusive representative, of

the employee’s own choosing in any grievance or appeal

action; or

2. exercising grievance or appellate rights established by

law, rule, or regulation;

except in the case of grievance or appeal procedures negotiated

under this chapter.

5.2. STEWARDSHIP: The Union may designate stewards in the

various Districts and a chief steward in the State Office. The total

number of stewards, including the chief steward, shall not exceed

eleven (11). The Union will furnish the Employer a list of designated

stewards, specifying the areas represented by the individual stewards,

on a semi-annual basis. In addition, the Union will inform the

Employer of changes in the stewards as they occur.

Union representatives are authorized a reasonable amount of official

time to perform representational duties and administer provisions of

this contract. If either party believes that any representative is

abusing official time or that official time is being unreasonably

denied, the issue will be resolved between the principal points of

contact for the Union and for the Agency.

A. The chief steward will handle all grievances at the formal

step. If the chief steward is unavailable, the Union president

may handle the formal grievance. The Employer and the Union

(Revised 10-5-94) 7

agree that, to the extent feasible, representation duties will be

handled by telephone. When travel for representation duties is

necessary, the Employer will pay the travel and per diem costs

for either the representative or the employee, whichever results

in the least cost to the Agency. (This provision will go into

effect when the Union notifies the Agency that a full complement

of trained stewards are in place by specific geographic areas.)

B. The Union representative is responsible for representing

employees in his/her designated area. The Union representative

will be authorized reasonable time to receive, investigate,

prepare and present (but not solicit) employee complaints,

grievances or appeals during duty hours.

C. The Union representative must notify his supervisor and the

supervisor of the employee to be represented before the steward

can perform his representative duties or travel. Approval will

be granted unless either supervisor determines that it should not

be granted because of work deadlines or other extenuating

circumstances. Union representatives must report the time spent

on representative duties to their supervisor.

D. A steward is a position in the Union, other than an officer,

who is appointed to serve as a representative of the Union, its

members, or unit employees. The steward is an employee in the

bargaining unit.

E. Union representatives shall be permitted reasonable time

during working hours without loss of leave or pay to represent

employees in accordance with this agreement.

Employees will be authorized a reasonable amount of official time

to assist in preparation and investigation of their complaints.

(Revised 10-5-94) 8

Employees will follow the same procedure as representatives must

follow in obtaining official time, as stated in C above.

5.3. RESTRAINT: There shall be no restraint, coercion or

discrimination against any Union official because of the performance

of duties within this agreement and the Act, or against any employee

for filing a complaint or acting as a witness under this agreement,

the Act, or applicable regulations.

ARTICLE VI: PROVISIONS OF LAW AND REGULATIONS

6.1. LAWS AND REGULATIONS: In the administration of all matters

covered by the Agreement, officials and employees are governed by

existing or future laws and regulations of outside authorities

including policies set forth in the Federal Personnel Manual; by

published agency policies and regulations in existence at the time the

agreement was approved; and by subsequent published agency policies

and regulations required by law or by the regulations of outside

authorities or authorized by the terms of a controlling agreement at a

higher agency level. This agreement has the force and effect of

regulation.

(Revised 10-5-94) 8a

ARTICLE VII: NEGOTIATIONS

7.1. MANNER: The Employer and the Union recognize their responsibility

for conducting negotiations and other dealings in good faith and in such

manner as will further the public interest. The Employer agrees to give

adequate notice to the Union and an opportunity to negotiate any new

policy or change in established policy which is proposed during the life

of the agreement. Negotiations of procedures to implement decisions

which are management rights and impact bargaining on those decisions

will also be handled in accordance with this section.

7.2. NEGOTIATION PROCEDURES: Negotiating sessions may be requested

by either party. Such requests shall state the specific subject matter

to be considered at such sessions. The following procedures shall be

utilized:

A. The number of members on either negotiating committee shall not

exceed three (3), and one (1) alternate.

B. Names of the members on each negotiating committee will be

exchanged formally by the parties in writing no later than seven

(7) calendar days prior to the beginning of negotiations. Any

changes regarding committee membership will be submitted to the

other party no later than one (1) day prior to the next negotiating

session.

C. Employees negotiating during regular duty hours on behalf of

the Union shall be on official duty time. Travel and per diem

for union negotiators will be paid by management.

D. Mid-contract and impact bargaining sessions and preparation

therefor shall be conducted on official time. Such bargaining is

considered a part of the Union’s duty to represent employees during

the life of the agreement.

9

E. Upon reaching agreement on all articles, the agreement shall be

signed by the Union and the Employer.

7.3. NEGOTIATION IMPASSE: When the parties to the agreement cannot

agree on a negotiable matter and an impasse has been reached, the item shall

be set aside. Either or both parties may seek the services of the Federal

Mediation and Conciliation Service. When the services of mediation do not

resolve the impasse, either party may seek the services of the Federal Service

Impasses Panel.

7.4. NEGOTIABILITY QUESTION: When the employer believes that a matter

is non-negotiable, it will advise the union of such belief. The Union has the

right to proceed to the Federal Labor Relations Authority in accordance with

Title 5 USC and appropriate regulations. Nothing in this procedure will prevent

the parties from settling negotiable issues informally if they choose.

7.5. PAST PRACTICE: Those privileges of employees which by custom,

tradition and known past practice have become an integral part of their

working conditions shall not be abridged as a result of not being enumerated

in this agreement.

ARTICLE VIII: GRIEVANCE PROCEDURE

8.1. COMMON GOAL: The Employer and the Union recognize the importance

of settling grievances promptly, fairly, and in an orderly manner that

will maintain the self-respect of the Employee and be consistent with

the principles of good management. To accomplish this, every effort

will be made to settle grievances expeditiously and at the lowest level

of supervision.

8.2. LIMITATIONS: This negotiated grievance procedure shall not

apply to:

A. a violation relating to political activities;

B. retirement, life insurance or health insurance;

10

C. a suspension or removal for national security reasons;

D. any examination, certification or appointment;

E. classification of position which does not result in reduction

in pay or grade for the employee;

F. termination of probationary employees.

Nothing in this section shall prevent employees from exercising the

option of appealing adverse actions to the Merit Systems Protection

Board.

8.3. APPLICATION: A grievance may be undertaken by the Union, an

employee, or a group of employees. Only the Union or representative

approved by the Union may represent employees in such grievances. However,

any employee or group of employees may personally present a grievance

and have it adjusted without representation by the Union provided that

the Union will be afforded an opportunity to be a party to all the

discussions between management and the grievant(s).

8.4. PRESENTATION: The grievant(s) shall present the grievance in

accordance with the following procedures:

A. INFORMAL PROCEDURE: The employee and the immediate supervisor discuss

the problem with the hope of resolution without further action. If the

problem is not resolved to the satisfaction of the employee, he may file an

informal grievance under sub-section 1 below:

1. Employee(s) who believe they have a grievance will present it

to their immediate supervisor within fifteen (15) work days of the

occurance which gave rise to the grievance, or when they became aware

of the grievance. The employee will present the grievance on the

form attached as Exhibit A of this agreement. The immediate

supervisor will give the employee a written decision within ten (10)

work days after receipt of pertinent information, or inform him

immediately if he does not have the authority to resolve the

grievance.

11

2. If the next level of supervision is the State Director, proceed to

Section B 1; however, if the next level is not the State Director, the

following procedure applies. If the grievance has not been resolved

to the satisfaction of the grievant(s), or if the immediate super-

visor does not have the authority to resolve the grievance, the

grievant(s) will present the matter in writing within ten (10) work

days of the immediate supervisor’s decision, to the next higher level

of supervision. The next level of supervision will attempt to

resolve the grievance within fifteen (15) work days of the receipt of

the matter. Decisions will be submitted in writing to the grievant.

B. FORMAL PROCEDURE:

1. The grievant(s) must submit the grievance to the State Director

within fifteen (15) work days of receipt of the last response in

the informal stage or within fifteen (15) work days of expiration

of the time limit of the last step of the informal stage.

The informal procedure must be accomplished prior to initiating a formal

grievance. The State Director receives all formal grievances in writing.

The State Director or his designee will issue a decision within fifteen (15)

work days of filing of the formal grievance. If the grievant is not satisfied

with the decision of the State Director or his designee, the Union may

invoke arbitration in accordance with Article IX.

8.5. TIME FRAMES: If the Employer fails to respond to a grievance

within the specified time frame, the grievant has the right to move the

grievance to the nest step. If the grievant(s) fails to present the

grievance to the next higher level within the specified time frame,

the grievance is terminated.

12

8.6. UNION REPRESENTATION: When the grievant(s) chooses the Union

to assist in processing a grievance, the steward for the designated area

may assist the grievant(s) in a representative or advisory role under

the negotiated informal grievance procedure. In this respect, the Union

representative may be present with the grievant(s) in discussion with

appropriate officials or may confer separately with the grievant(s) in

an advisory role.

Except when the Union has approved a representative from outside the

unit of exclusive recognition, only the chief steward may represent the

grievant(s) under the negotiated formal grievance procedure. However,

if the chief steward is unavailable, the Union president may represent the

employee in the formal grievance. The Union agrees to select its chief

steward from among those bargaining unit employees assigned to the State

Office staff.

8.7. SOLICITATION: Union officials will not solicit complaints or

grievances.

8.8. EMPLOYER GRIEVANCE: The Employer may file a grievance with

the President of NFFE. The submission must be in writing. The Union

will have 15 work days to respond and offer a resolution.

8.9. REQUESTING MEDIATION OF GRIEVANCE: Either party may request

mediation of a grievance by the Federal Mediation and Conciliation

Service prior to invoking arbitration provided that the steps in Sections

8.4 and 8.8 above have been exhausted. If the efforts of mediation cannot

resolve the grievance, arbitration may be invoked in accordance with

Article IX.

8.10. FILING GRIEVANCES: An employee shall be deemed to have

filed a grievance when it is timely filed in writing in accordance with

the provisions of the negotiated grievance procedure in section 8.4.

13

8.11. NOTIFICATION TO UNION: If the employee fails to designate a

representative on Exhibit A when filing a grievance, the immediate

supervisor of the employee will inform the designated steward for the

area that the grievance has been filed.

8.12. UNION’S OPPORTUNITY TO BE PRESENT: The obligation to provide

the Union the opportunity to be present at any discussion of the grievance

may be fulfilled by means of a conference telephone call.

8.13. USING TELEPHONE: The Employer and the Union agree to handle

representation duties by telephone to the maximum extent possible.

ARTICLE IX: ARBITRATION

9.1. CONDITIONS FOR INVOKING ARBITRATION: The Union or the Employer

may invoke arbitration within thirty (30) calendar days after either party has

determined that a satisfactory settlement cannot be reached in resolving

disagreements under Article VII.

9.2. SELECTING AN ARBITRATOR: The party invoking arbitration will

request the Federal Mediation and Conciliation Service (FMCS) to furnish

the parties a list of seven (7) impartial persons qualified to act as

arbitrators who live in Texas.

An informational copy of the request will be sent to the other party.

The Employer and the Union shall agree, within ten (103 working days

after receipt of the list, upon one of the listed arbitrators. If they

cannot agree, they will each strike one name from the list and shall

repeat the procedures. The party striking first will be decided by a

flip of the coin. The remaining individual shall be the duly selected

arbitrator. The arbitrator’s decision shall be binding on the parties,

unless either party files exceptions to an award with the Federal Labor

Relations Authority under regulation prescribed by the Authority. The

14

fees and expenses~ of the arbitrator and the cost of the necessary expenses

shall be borne equally by the parties. If either party desires its own

copy of a transcript of an arbitration hearing, the party is solely

responsible for paying for its own copy of the transcript.

9.3. PROCEDURE: The parties must mutually agree to any procedure

other than a full arbitration hearing.

9.4. SCOPE OF ARBITRATOR’S AUTHORITY: As necessary to reach a

decision, the arbitrator shall have the authority to interpret and

define this agreement, agency instructions, the Federal and Department

Personnel Manuals (FPM and DPM) and applicable laws. The arbitrator

shall have no authority to add to, subtract from, alter, or modify any

terms of the agreement, agency instructions, the FPM and DPM, and applicable

laws.

9.5. TIME LIMIT: The arbitrator will be requested to render a

decision and remedy to the Employer and the Union as quickly as possible,

but in any event no later than thirty (30) days after the conclusion of

the hearing unless the parties otherwise agree.

ARTICLE X: USE OF OFFICIAL FACILITIES AND SERVICES

10.1 SPACE: The Employer agrees that upon request, the Union

may use available conference rooms or other suitable areas in the Farmers Home

Administration offices after 5:00 p.m. for the purpose of holding

membership drives or meetings. The Union agrees that facilities for such

drives or meetings shall be used only after such hours and during non

duty hours of the employees attending. The Employer agrees that space

in the buildings, when it can be made available by a proper official,

may be used by Union Representatives. The Union shall arrange for use

of the rooms or areas with the Employer and shall conform to all safety,

sanitary, and security regulations.

15

10.2. BULLETIN BOARD: The Employer agrees to permit the Union to utilize

available official bulletin board space for posting information approved by the

Employer. A removal date will be shown on all such documents posted on the

boards. The Union agrees to maintain allotted bulletin board space in a neat

and orderly manner.

10.3. ACCESS TO REGULATIONS: The officers and members of the Union shall

have access during official duty hours to all regulations and directives which

are applicable in connection with Civil Service procedures and requirements.

ARTICLE XI: ORIENTATION OF NEW EMPLOYEES

11.1. ORIENTATION OF NEW EMPLOYEES: All new employees shall be informed by

the Employer that the Union is the exclusive representative of employees in the

Unit. Each new employee shall receive a copy of this agreement from the

Employer, together with a list of the officers.

ARTICLE XII: SAFETY

12.1. SAFETY: The Employer and the Union have a common interest in

the safety of the employee. There is an obligation of the Employer to

provide safe working conditions and to act promptly when an employee

is injured or an accident occurs.

12.2. SAFETY COMMITTEE: A mutual and cooperative attitude to

accomplish safe working conditions and to report promptly on-the-job

injuries or accidents requires representation of Employer and representation

of the Union on the Safety Committee. The Employer will, when necessary

ask for Union assistance in getting accidents reported to Personnel.

12.3. WORKMAN’S COMPENSATION: The Federal Employees’ Compensation

Act provides that immediately after an injury to an employee, the Employer

shall make a report (Form CA 1 & 2) to the Office Workers~ Compensation

16

Programs, U. S. Department of Labor, containing such information as may

be required by the OWCP and shall thereafter make supplemental reports

as the OWCP may require. In order to assure prompt payment of benefits

for an employee injured in the performance of his duty, it is understood

that the immediate supervisor will accept the written notice, Form CA 1

& 2, from the the employee or someone on his behalf, who may be any

person, expressed or implied, acting on behalf of the employee.

ARTICLE XIII: DISCIPLINARY AND ADVERSE ACTIONS

13.1. CAUSE: Disciplinary and adverse actions will be taken for such cause

as will promote the efficiency of the service.

13.2. ADVERSE ACTION PROCEDURE: Adverse actions will be taken in

accordance with Title 5 of the U. S. Code and appropriate authorities.

13.3. DISCIPLINARY ACTION PROCEDURE: Disciplinary actions against

all employees, including probationary employees, will be taken in

accordance with applicable laws and regulations.

13.4. REPRESENTATION: An employee may choose to be represented by the

Union when answering a proposal to take adverse action or when grieving or

appealing an action taken against the employee.

ARTICLE XIV: ACTIONS BASED ON UNACCEPTABLE PERFORMANCE

14.1. UNACCEPTABLE PERFORMANCE: Actions based on unacceptable

performance will be taken in accordance with Title 5 of the U. S. Code

and appropriate regulations.

ARTICLE XV:POSITION DESCRIPTIONS/CLASSIFICATION REVIEW

15.1 INTENT: Each employee is entitled to a complete and accurate

position description, which shall be reviewed annually. The phrase

“performs other related duties as assigned” in an employee’s position

description shall not be construed to require the employee to perform

17

duties outside his/her regular field, of work, if he/she is not qualified,

or which might result in injury to the employee or fellow employees due

to lack of knowledge of task.

15.2. AGENCY COMPLAINTS AND APPEALS: Any employee in the Unit

who believes that he/she is performing duties outside the scope of the

position description or that his/her position is inaccurately described or

classified, may request, through the immediate supervisor, that the

position description be reviewed. The Employer will acknowledge the

receipt of revised position descriptions and will keep the Employee currently

advised of any changes in status.

15.3. POSITION CLASSIFICATION REVIEWS: Position Classification

Reviews will be taken in accordance with Office of Personnel Management

rules and regulations.

15.4. DOWNGRADES: General Schedule employees in the unit whose

positions have been downgraded as a result of reduction-in-force may

appeal to the Merit Systems Protection Board. Notices of such actions

shall include an explanation of the employee’s options for review,

including the address of the MSPB office, Saved grade and saved pay

rights shall be afforded to those whose positions are downgraded.

ARTICLE XVI: INCENTIVE AWARDS

16.1. CASH AWARDS: For special achievement, cash awards shall be in

dollar amounts at least equal to the recipients’s latest within-grade step

increase. A member of NFFE Local 571 will be appointed to the Texas FmHA awards

committee.

ARTICLE XVII: PERFORMANCE STANDARDS AND EVALUATION

17.1. PERFORMANCE APPRAISALS: All requirements of Title V of U. S. Code

Section 4302 shall be incorporated in the performance appraisal system.

18

17.2. In the interest of providing for objectivity in a supervisory

appraisal, an employee should have been working under the evaluation

supervisor for at least one hundred twenty (120) days. When this is not

the case, then at the employee’s request, the previous supervisory appraisal

shall be obtained for use. A rating will be provided after an employee has

worked for a supervisor for one hundred twenty (120) days.

17.3. During the quarterly review process, when a supervisor’s review

leads to the conclusion that the employee’s work is not an acceptable level

of competence, the supervisor will provide to the employee a copy of the

Form AD 434a and b worksheet with the following in the accomplishment column:

A. Aspects of performance in which the employee’s service falls below

an acceptable level.

B. Advice as to what the employee must do to bring his/her performance

up to the acceptable level.

C. Remarks that his/her performance may be determined as being at an

unacceptable level unless improvement to an acceptable level is shown.

D. During the third quarter review, an employee performing at an

unacceptable level will be advised that he/she has 90 days to bring

performance up to an acceptable level.

17.4. Positions will contain a maximum of ten (10) elements with no

more than two (2) classified as critical.

17.5. Training will be given to all covered employees prior to

implementation of the F.P.A.S.

17.6. DEFINITIONS: Informal Discussion: Discussion held between the

employee and first line supervisor in order to resolve differences

resulting from a performance appraisal.

Formal Discussion: A meeting between the employee and the second line

supervisor, or higher, called to specifically resolve an appeal of a

performance rating.

19

ARTICLE XVIII: MERIT PROMOTION

18.1. MERIT PROMOTION: The Employer and the Union shall meet within 30

days after the signing of the agreement to negotiate the Merit Promotion

Plan.

ARTICLE XIX: EQUAL EMPLOYMENT OPPORTUNITY

19.1. POLICY: Management shall not in any way discriminate against

an individual regarding employment or conditions of employment because

of race, color, religion, sex, national origin, age, lawful political

affiliation, or handicapping condition.

19.2. UNION REPRESENTATION: An employee has the right to choose to

be represented by the Union when discussing an allegation of discrimination

with an EEO counselor or when processing an EEO complaint.

19.3. The Upward Mobility Program has been implemented as outlined in

Exhibit C.

ARTICLE XX: LABOR RELATIONS TRAINING

20.1. UNION—SPONSORED TRAINING SESSIONS: The Employer agrees to

grant administrative leave to employees who are Union officials for the

purpose of attending Union—sponsored training sessions, provided the training is

of concern to the employees in their capacities as Union officials.

20.2. ADMINISTRATIVE LEAVE: For this purpose, administrative leave will

not exceed 850 hours total for all Union officials during the life of this

agreement. The Union will distribute these hours as it sees fit. A written

request for administrative leave will be submitted at least two weeks in

advance by the Union president to the State Director. The request will

contain information about the duration, purpose, and nature of the training.

The Union agrees not to request any additional leave for this purpose.

ARTICLE XXI: FLEXITIME

21.1. FLEXITINE: The Union and the Employer agree that within nine (9)

months after the signing of the contract, and after a complete polling of

20

the employees, negotiation will be held to determine whether flexitime will

be implemented. If it is agreed to have flexitime, the procedures for

implementation will be negotiated.

ARTICLE XXII: OVERTIME

22.1. EMPLOYEE ASSIGNMENT: When overtime is required, employees

normally assigned to the duties performed on such overtime will perform

the overtime work. Care will be taken to ensure that employees in the

same job function performing the work during the normal duty hours

receive the opportunity for such work on the basis of equal distribution.

In no case will overtime work be assigned to any employee as a reward or

as punishment.

ARTICLE XXIII:REDUCTIONS- IN-FORCE AND OUTPLACEMENT

23.1. REDUCTIONS-IN-FORCE: In the event of a reduction-in-force,

the Employer will furnish the Union a copy of the retention registers

and will afford the Union an opportunity to examine all records

pertaining to the action. The Employer and the Union agree to engage

in impact bargaining if a reduction-in-force is announced.

SUPPLEMENT TO ARTICLE XXIII

A. FISCAL YEAR 1982 REORGANIZATION: The Employer is conducting a

reorganization beginning in June 1982 requiring the displacement of

some employees from their current positions. This will be conducted

using the Reduction in Force procedures in Farmers Home Administration

(FmHA) Instruction 2054-AA, “Reduction in Force,” and 2054-BB, “Conduct

of a Reduction in Force.” The Union agrees to this procedure for use

on this occasion because placement of all employees is possible as

set forth below.

21

B. NFFE COMMITTEE: The Union will name three (3) members of the

bargaining unit to serve as NFFE Committee. To conserve time and

travel expenses, the members of the committee will be employees of

the State Office or within the commuting area of Temple, Texas.

Upon notification of the names of the committee, the Employer will

release to the committee the material submitted for the Administrator’s

approval and the information/records which support that material. The

committee will be permitted a reasonable amount of time, not to exceed

one (1) work week, to review the material for accuracy and to suggest

corrections for the consideration of the Employer. Any substantiated

errors will be corrected. Subsequently, the committee will be permitted

reasonable time to review and to suggest corrections to any additional

materials developed by the Employer, including notices of reduction in

force, prior to implementation. The standard of review by the committee

will be published Office of Personnel Management, U. S. Department of

Agriculture, and Agency regulations.

C. BEST OFFER: Employees are entitled to a “best offer” under Agency

RIF regulations as determined by the Employer. This is the sole

“offer” to be made to employees; however, the Employer agrees to

consider any request by an employee for placement in any available

vacant position for which the employee qualifies. “Consideration”

does not imply that the employee has a right to a vacant position.

In accomplishing this, the Employer will follow these requirements:

1. Each displaced employee will be furnished a list of all vacant

positions under the Employer’s control, The vacancies will be

positions listed on the Employer’s staffing plan which are not

encumbered and which the Employer can fill under its employment

22

ceilings. The Employer may reserve up to 25% of these vacancies.

However, if the 25% results in less than eight (8) positions, at

least (8) positions may be reserved.

2. Each displaced employee will have 14 days from the date of

receipt of the specific RIF notice to state he/she will accept

the “best offer” or wishes consideration for one (1) of the

listed vacancies, but not both.

3. After the RIF notices are issued, the Employer will not fill

vacancies by outside hiring or by promotion or by reassignment.

4. An employee who does not reply within the 14 day limit will

be separated through reduction in force.

5. If more than one employee requests consideration for the same

vacancy, the employee with greater retention rights will be awarded

the vacancy. The employee(s) who does not receive the vacancy will

have opportunity to request consideration for another vacancy.

6. Where authorized by regulation, the Employer will pay relocation

expenses for employees who accept the “best offer” or who are

selected for a vacancy for which they request consideration.

7. “Consideration” means the employee will receive the position for

which he/she requests consideration if he/she meets the basic

qualifications requirements and if no person with greater retention

rights has requested consideration for the same position. Assignment

will be made at the end of each round.

D. CONTINUATION OF BARGAINING: The parties agree that the “NFFE

Committee” and “best offer”, as agreed to by the parties in Articles 2

and 3 above, will remain the same for any subsequent RIF’s within

the FmHA in the State of Texas. However, the parties agree that they

have serious differences on the question of applicability of FmHA

Instruction 2054—AA and 2054—BB especially on the question of

23

competitive levels and areas. Therefore, the parties agree to

continue bargaining on these issues to the fullest extent possible.

ARTICLE XXIV: ANNUAL LEAVE

24.1. SCHEDULING OF ANNUAL LEAVE: Annual leave will be scheduled

according to the need of the Employer. Leave scheduled may include at

least one period of eighty (80) hours for~ vacation purpose. However,

leave may be rescheduled for any employee due to an emergency situation.

ARTICLE XXV: DURATION OF AGREEMENT

25.1. EFFECTIVE DATE AND TERM: The effective date of this

agreement shall be the date of approval. It shall remain in effect for

three (3) years. However, the agreement shall be automatically renewed on

the third anniversary unless sixty (60) calendar days and not more than

one hundred and five (105) calendar days prior to such date, either

party gives written notice to the other of its desire to effect changes

in the agreement. The nature of the proposed changes shall be included

in the notice. The notice must be acknowledged by the other party

within ten (10) days of receipt and negotiations on an amended agreement

shall begin at least twenty (20) days prior to the anniversary date, the

parties may mutually act to extend the agreement or any portion thereof

for a specified time pending resolution of an impasse. Subordinate

agreements, if any, likewise may be extended by the parties.

25.2. AMENDMENT: The parties may effect amendments or may add provisions

to this agreement, at times other than provided for in section

25.1 if such action is necessary to reflect legal and regulatory changes

or if both parties agree that it is expedient to do so.

24

25.3. SUPPLEMENTAL AGREEMENTS: Supplemental agreements and/or

memorandums of understanding pertaining to personnel policies, practices

and procedures and other matters relating to conditions of employment may

be entered into from time to time as provided in Article 25.2. Following

the effective date of this Basic Agreement, the parties may proceed to

negotiate Supplementary Agreements on matters subject to collective

bargaining. Negotiations shall begin within 30 days following notice of

intent by either party.

ARTICLE XXVI: DISTRIBUTION

26.1. COPIES: After review and approval in its entirety by the

Office of Farmers Home Administration, U. S. Department of Agriculture,

the Employer will provide fifty (50) copies of the Agreement and any

amendment(s) thereto to the Federal Employees, Local 571.

25

ARTICLE XXVII: DUES DEDUCTION

27.1. PAYMENT OF DUES: Voluntary allotments of employees for the

payment of dues to the Union shall be authorized and processed in accordance

with the Master Agreement between the National Federation of Federal Employees

and the U. S. Department of Agriculture, (Exhibit B)

In witness thereof the parties hereto have caused this basic Labor

Management Relations Agreement to be executed on the 30th_____

day of March , 1981.

For Farmers Home Administration For NFFE Local 571

Temple

SIGNED JOHN O. BARNES__ SIGNED WALTER G. SCUDDAY__ (Acting) State Director President

The contract has been revised to include changes in Article XVII, Article XIX, and Article XXIII.

SIGNED J. LYNN FUTCH__ SIGNED PATSY ELLISON__ State Director President FmHA, Temple NFFE

Local 571

26

ARTICLE XXVIII: WORK SCHEDULE AND HOURS OF WORK

28.1 DEFINITIONS

A. Alternative Work Schedules (AWS)

Alternative Work Schedules (AWS) are comprised of compressed andflexitour work schedules. Employees can work either a compressed schedule(5-4-9) or a flexitour schedule, but not both. These schedules provide afamily-friendly work environment and can be used to improve productivityand the quality of life for Agency employees by encouraging job orientationinstead of time orientation. The Agency can improve productivity throughreduced tardiness, short-term absences, the achievement of quieter hours atthe beginning and end of the workdays and enhanced employee morale. Thequality of life for employees is improved by empowering them throughcontrol over their personal working situations. It also provides a greateropportunity for employees to participate in the Wellness Program activitiesas well as community, family and leisure activities. The employees haveworkday flexibility for child care arrangements and emergency short-termabsences that may be necessary when caring for sick children.

B. Five-Four-Nine (5-4-9) Schedule (Compressed)

This is a fixed, nonflexible schedule, which means that it does not vary fromday-to-day. The arrival and departure times are according to a set schedulerequested by the employee and approved by the supervisor in advance. Theschedule includes nine workdays in each pay period consisting of five in oneweek and four in the next week. Employees work nine hours per day foreight days and eight hours for one day, excluding any scheduled lunchperiod, for a total of 80 hours per pay period.

C. Flexitour Schedule (Alternative Eight-Hour Schedule)

This is a fixed schedule in which the arrival and departure times areaccording to a set, written schedule requested by the employee and approvedin advance by the supervisor. The schedule includes 10 workdays in eachpay period. Each workday is eight hours in length excluding the scheduledlunch period. This schedule differs from the normal eight-hour tour in thatthe scheduled arrival and departure times need not coincide with the basiceight-hour workday.

D. Basic Eight-Hour Workday

The basic workday for full-time employees consists of eight hours from 8:00a.m. until 4:30 p.m.

(Revised 7-23-96) 26.1

E. Credit Hours

“Credit hours” are any hours which are in excess of an employee’s basicwork requirement and the employee elects to work varying the length of aworkweek or a workday. Credit hours earned and used must be approved inadvance by the supervisor. Credit hours may be worked only by employeeswho choose the flexitour schedule or the basic eight-hour workday.Employees who choose compressed work schedules (5-4-9) may not workcredit hours.

F. Operating Hours

The operating hours are the specific hours of the Agency in which employeesmay begin or end the workday. Those hours are from 7:00 a.m. until6:00 p.m. daily. The lunch period in which employees may begin or end theirlunch is 11:00 a.m. until 1:00 p.m. Employees are authorized a 30 minute,45 minute or one hour lunch period.

G. Customer Service Band

The customer service band is the span of time that clerical and professionalcoverage will be provided to service customer needs. This span of time isfrom 8:00 a.m. until 4:30 p.m.

H. Core Hours

Core hours are the hours in a workday when “all” full-time employees mustbe present for duty. The core hours are from 9:00 a.m. until 3:30 p.m.

I. AWS Quarters

The four AWS quarters are defined as:

1. January, February, March2. April, May, June3. July, August, September4. October, November, December

28.2 IMPLEMENTATION OF AWS

The AWS’s available to bargaining unit employees include:

1. 5-4-9 (Compressed)2. Flexitour

(Revised 7-23-96) 26.2

A. Requesting AWS

Employee participation is voluntary. Requests for AWS must be made inwriting two pay periods before the beginning of the quarter. To requestAWS, Rural Development employees should submit Form FmHA 2051-1,Application for Change in Tour of Duty, to his/her supervisor.

B. Approval/Denial of AWS

Approval or denial of AWS requests must be communicated to the employeeone pay period before the start of the quarter. The approval/ denial shall bebased on three prerequisite criteria which are:

1. service to the public cannot diminish2. productivity cannot diminish, and3. costs of operations must not increase

C. AWS Procedures

1. Employees may request to change their work schedule quarterly.

2. Because changes to the work schedule are implemented quarterly,new requests for AWS, or requests for changes in an existing AWSschedule, must be made in writing two pay periods before thebeginning of the quarter.

3. No more than one-third of a work unit’s employees may be scheduledfor a compressed day off at the same time. For a two-person office,no more than one-half of the work unit’s employees may be scheduledfor a compressed day off at the same time.

4. AWS (5-4-9, flexitour) for individual employees cannot be combined.

5. To implement AWS in any organizational sub-division, threeprerequisite criteria must be met. These criteria are:

a. service to the public cannot diminishb. productivity cannot diminish, andc. costs of operations must not increase

6. If a manager finds that an existing schedule has had an adverseimpact, he/she may terminate or suspend AWS if one of the threecriteria in Section 28.2.C.5 above cannot be met.

7. When an employee travels in excess of three days to a site which doesnot have AWS, the employee would temporarily revert to an eight-hour day for the complete pay period.

(Revised 7-23-96) 26.3

8. When an employee’s scheduled training is more than three daysduration, an employee would temporarily revert to an eight-hour dayfor the complete pay period.

9. An employee may revert to the basic eight-hour workday (8:00 a.m. to4:30 p.m.) at anytime at the start of a pay period.

10. Employees must be provided two pay periods’ notice for permanentchanges in the work schedules.

11. No more than one-third of a work unit’s employees may be scheduledfor a lunch period at the same time. For a two-person office,no more than one-half of the work unit’s employees may be scheduledfor a lunch period at the same time.

12. When an employee is needed to work on their scheduled day off, analternate day off may be scheduled within the same pay period, orcompensatory time off or overtime may be authorized and approvedin advance.

13. When an employee’s compressed off day falls on a holiday, then thepreceding workday becomes the employee’s “in-lieu-of” holiday.Employees are entitled to their scheduled work hours on an in-lieu-ofholiday workday. Nonworkdays shall remain nonworkdays. Part-time employees are not entitled to an in-lieu-of holiday on theirscheduled nonworkday.

14. To resolve conflicts in schedules:

a. The parties encourage informal resolution within theemployees’ work unit.

b. The Service Computation Date (SCD) for leave purposes,as shown on SF-50B, Notice of Personnel Action, shall beused to determine order of priority in choosing the schedulesand days off when informal resolution is unsuccessful.

c. A new employee coming into the work unit cannot force achange in the existing employees’ work schedules.

d. Employees are encouraged to consider days off other thanMondays and Fridays.

28.3. COMPENSATORY TIME

A. Compensatory (comp) time is an alternative form of compensation forovertime work. Employees may be granted comp time off for an equalamount of overtime work. Compensatory time off is given in-lieu-of overtimepay. The overtime work must be requested and approved in advance by thesupervisor and comply with applicable laws. Comp time is restricted to

(Revised 7-23-96) 26.4

irregular or occasional overtime work. Irregular or occasional overtime work is overtime work that is scheduled after the beginning of the administrative workweek. Employees who work alternative work schedules are eligible to earn comp time. Comp time earned is to be used prior to scheduling annual or sick leave and must be used prior to the end of the leave year following the year in which it was earned. Before changing an employee’s hours of work or tour of duty, the granting of comp time is to be considered.

B. Employees who are covered under the Fair Labor Standards Act (FLSA)may elect comp time in-lieu-of payment for overtime. FLSA employeeswho fail to take comp time within the time limits, must be paid overtime atthe rate in effect when the overtime was earned.

C. Employees not covered by FLSA (exempt employees) who are authorizedovertime may request to take comp time in-lieu-of payment for overtime.For exempt employees, comp time will not be converted to overtime. If comptime is not used within the time limits, rights to comp time off or paymentwill be forfeited. However, if an employee is prevented by the supervisor,due to exigency of the service, from taking earned comp time within the timelimits, the employee will receive payment at the rate in effect when theovertime was earned.

28.4 CREDIT HOURS

A. Employees who work a flexitour schedule or the basic eight-hour workdaymay earn credit hours by working beyond their normal tour of duty. Then,employees may use the credit hours just like annual leave. Credit hours maynot subsequently be converted to overtime pay. An employee may carry overa maximum of 24 credit hours at the end of any pay period. There is no timelimit for using credit hours. However, should an employee leave RuralDevelopment, he/she should use the hours before their last day of service orthe hours will be paid in a lump sum at the employee’s current regularhourly rate of pay.

B. If an employee wishes to earn credit hours, he/she must complete FormTX-2051-1 and submit to his/her supervisor by noon on the day which theemployee wants to earn credit hours. Supervisors will approve the request ifthere is sufficient work available and all other requirements of this Articleare met.

C. Credit hours will be earned in one-half hour increments. An employee mayearn as much as two full credit hours per day.

(Revised 7-23-96) 26.5

D. An employee may not earn credit hours on the same day that he/she usescredit hours or leave. An employee must earn credit hours within theregular work day. The Agency will only approve credit hours worked duringoperating hours..

E. Once an employee has earned credit hours, he/she. may use the credit hoursin one-half increments Just like annual leave by submitting in advance anApplication for Leave, SF41, to the supervisor. Employees should check the“other” block on the SF-71 and write In “credit hours.”

F. Part-time employees may also earn credit hours by working extra hoursbeyond their normal tour of duty. The maximum carry over for part-timeemployees Is one-fourth of the hours in their normal pay period. Forexample, a part-time employee who works 32 hours per week (64 hours perpay period) would carry over a maximum of 16 credit hours (rather than the24 which full-time employees may carry over).

G. For approval purposes, credit hours are treated just like annual leave.

H. Employees may also use credit hours in-lieu-of sick leave, but employees onformal leave restrictions which require documentation for use of sick leavemust submit proper documentation.

I. Requests to use credit hours have the same priority as annual leave. In theevent of conflicts over a day off; it does not matter whether annual leave orcredit hours has been requested.

28.5 EMPLOYEE RESPONSIBILITY

The applicable agency and departmental regulations regarding any corrective and/or disciplinary actions will be utilized by supervisors In dealing with any employee identified as abusing the AWS.

The contract has been revised to include the new Article XXVIII on this 23rd day of July 1996.

SIGNED A. SHERIE HINTON __ SIGNED MICHAEL KLEIN __ A. SHERIE HINTON MICHAEL KLEIN Acting State Director President Rural Development, Temple, Texas NFFE, Local 571

(Revised 7-23-96) 26.6

ARTICLE XXIX: FURLOUGHS

29.1 GENERAL PROVISIONS

A. Sometimes there are circumstances beyond the control of

the Employer which may make it necessary to furlough

employees.

B. The Employer has complete authority and responsibility

with respect to all decisions regarding the furloughing of

employees, including but not limited to, the specific

employees furloughed, the days, dates, and times of the

furlough, and the duration of the furlough.

C. By agreeing to this Article, the Union does not waive

any individual employee’s rights.

D. The Employer shall implement furloughs in accordance

with the applicable governing statutes, rules and/or

regulations, and Office of Personnel Management Guidelines

(hereinafter referred to collectively as “law”) current at

the time of the furlough.

E. This Article addresses the policy and procedures

associated with two (2) types of furlough: (a) Shutdown or

Emergency Furloughs; and (b) Save Money Furloughs.

F. Upon receiving official notice of a potential furlough,

the Employer shall notify the Union, as soon as practical,

of the following:

1. Whether the furlough is a Shutdown (also called

“Emergency”) or a Save Money Furlough;

2. The expected beginning date of the furlough; and

3. The expected duration of the furlough.

G. For every furlough, the Employer shall compile a list

of excepted employees (those employees not subject to the

furlough). After it approves a finalized list, the Employer

shall provide the Union with a list of the excepted

employees at or around the same time it provides the

information to the excepted employees.

H. During the period of a Shutdown (or Emergency)

Furlough, an employee shall be regarded as in furlough

status during the employee’s normal Tour of Duty and Work

Schedule, including Compressed Work Schedules, Alternative

26.7

Work Schedules, Part-Time Work Schedules and associated Off

Days. To the best of the Employer’s ability, the Employer

shall refer to furlough periods in terms of hours rather

than days.

I. During a furlough, and unless contrary to law, leave

status shall be handled as follows:

1. Using and reporting credit hours, compensatory

time, annual leave, sick leave, court leave, and

military leave shall be suspended during the term of

the furlough.

2. Employees on approved leave without pay (LWOP)

shall remain on LWOP.

3. Employees on Continuation of Pay (COP) status

shall remain on COP status.

4. Employees may accept outside employment while on

furlough provided such employment does not pose a

conflict of interest with their official USDA RD

duties. Employees wishing to engage in outside

employment should refer to the Office of Ethics website

at www.usda.gov/ethics; and

5. Employees on LWOP under the Family Medical Leave

Act (FMLA) during the furlough shall continue to be

charged LWOP or be placed in a furlough status.

However, employees on FMLA but in a pay status must be

placed on furlough instead; the furlough time shall not

reduce the 12-week entitlement period.

J. After a furlough, and unless contrary to law, leave

status shall be handled as follows:

1. At the conclusion of the furlough, the suspension

of using and reporting credit hours, compensatory time,

annual leave, sick leave, court leave, and military

leave (see 29.1-I-1 above) shall end.

2. Any credit hours, compensatory time, annual leave,

sick leave, court leave, and military leave during the

term of the furlough that is suspended (see 29.1-I-1

above) shall not be charged.

K. Based on the length of the furlough, the Employer shall

adjust Performance Plan Standards accordingly.

26.8

L. The Employer shall not use furloughs as punishment or

discipline in lieu of other means of addressing behavior,

conduct, or performance.

M. All time periods within which a party or employee may

or must act pursuant to the terms of the Collective

Bargaining Agreement shall be tolled for the duration of any

furlough.

29.2 SAVE MONEY FURLOUGHS

A. If the Employer must furlough employees as a means of

addressing a budget shortfall, the Employer may solicit

volunteers to be placed in extended LWOP status; or

B. If the Employer must furlough employees as a means of

saving or reducing expenditures, the Employer shall:

1. Solicit volunteers to work reduced hours in

conjunction with LWOP; and

2. Allow affected employees to choose which work days

shall serve as their furlough days, with advanced

approval of a supervisor and in accordance with

Employer leave request requirements.

C. Management reserves the right to deny a request for

LWOP.

D. Should an insufficient number of employees in a work

unit volunteer for LWOP and the Employer must furlough

employees in that work unit, the Employer shall furlough

employees by reverse seniority, where the least senior

employees are the first employees furloughed. In

determining an employee’s seniority, the Employer shall use

the Retirement Service Computation Date.

29.3 SHUTDOWN (EMERGENCY) FURLOUGHS

A. As soon as a Shutdown (or Emergency) Furlough is

announced, the Employer shall provide all non-essential

employees with all relevant and necessary instruction and

information available to the Employer.

26.9

B. If directed by the Employer, all furloughed employees

shall report to work on the first day of the Shutdown (or

Emergency) Furlough for a period of either four (4) hours or

as long as is required to complete those tasks necessary for

an orderly shutdown, whichever is less. If a furloughed

employee has any telework agreement in place (scheduled or

ad hoc), they may seek approval from their supervisor to

telework on the first day and complete their shutdown

activities remotely.

C. As often as practical, the Employer shall keep

employees apprised of the status of the furlough.

D. Non-essential employees shall be paid for the Shutdown

(Emergency) Furlough days only to the extent permitted by

Congress.

E. Excepted employees shall be paid and non-essential

employees shall be paid for any time worked pursuant to

29.3-B above, but not until a continuing resolution or

appropriation is enacted.

26.10

UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT

REQUEST TO EARN CREDIT HOURS

INSTRUCTIONS

FORM MUST BE SUBMITTED TO THE SUPERVISOR IN ADVANCE FOR APPROVAL TO WORK CREDIT HOURS. (SUPERVISOR MAY GRANT POST APPROVAL WITH APPROPRIATE JUSTIFICATION). YOU MUST WORK AT LEAST 1/4 HOUR OF CREDIT HOURS. THERE IS NO LIMIT ON THE NUMBER OF CREDIT HOURS THAT MAY BE EARNED IN A WORKDAY SO LONG AS THE TOTAL CREDIT HOURS AND REGULAR TOUR OF DUTY DO NOT EXCEED 12 HOURS (EXCLUSIVE OF LUNCH PERIOD). CREDIT HOURS MAY NOT BE CONVERTED TO OVERTIME AT A LATER DATE. PLEASE ENTER YOUR CURRENT CREDIT HOUR BALANCE BELOW PRIOR TO SUBMITTING THIS FORM TO YOUR SUPERVISOR. YOU MAY NOT CARRY OVER MORE THAN 24 HOURS FOR FULL-TIME EMPLOYEES AT THE END OF A PAY PERIOD. IF YOU SHOULD CHANGE YOUR MIND AFTER RECEIVING APPROVAL, PLEASE NOTIFY YOUR SUPERVISOR IMMEDIATELY. NOTE: CREDIT HOURS MAY NOT BE EARNED FOR TRAVEL OR ON SATURDAY OR SUNDAY.

REQUESTOR'S NAME: CURRENT BALANCE:

DATE TIME TOTAL

MONDAY FROM: TO:

TUESDAY FROM: TO:

WEDNESDAY FROM: TO:

THURSDAY FROM: TO:

FRIDAY FROM: TO:

SIGNATURE: DATE:

APPROVAL

ABOVE REQUEST APPROVED ABOVE REQUEST DISAPPROVED ABOVE REQUEST APPROVED FOR CREDIT HOURS FOR CREDIT HOURS IN PART AS NOTED

REMARKS:

IF APPROVED IN WHOLE OR IN PART, PLEASE RETAIN ORIGINAL FORM IN T&A FILE. IF DISAPPROVED, PLEASE RETURN ENTIRE FORM TO EMPLOYEE.

APPROVAL (SUPERVISOR'S SIGNATURE) DATE

FORM TX-2051-1 (REV. 6-00) ORIGINAL - RETAIN IN T&A FILE

Exhibit A

FARMERS HOME ADMINISTRATION

Temple, Texas

and

National Federation of Federal Employees

Local 571

Grievance Form

1. Name of grievant, position title, grade, and work location:

2. This grievance involves the interpretation, application or violation

of: (Cite Labor—Management Agreement Article (a), and FmHA, U. S. Department

of Agriculture and Government-wide policy and regulations.

3. Nature of the grievance as it affects the Union or employee(s):

(Describe the occurrence or condition, or the way in which the agreement of

regulation has been interpreted, applied, or violated to give rise to this

grievance. Include the name of the responsible management officials(s), if

known. Additional pages may be used and documentation attached, as necessary.)

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_______________________________________________________________________________

_____________________________ _____________________________

4.Corrective action desired:

5.

(Name, Title, Address, and Phone Number)

is hereby designated as the representative in this grievance.

Signature of Grievant Date

NOTE: This form is to be used for initial filing of a grievance at Step 4 of

the negotiated grievance procedure. Employer will acknowledge receipt of the

form and date received.

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Exhibit B

MEMORANDUM OF UNDERSTANDING BETWEEN

DEPARTMENT OF ACRICULTURE AND

NATIONAL FEDERATION OF FEDERAL EMPLOYEES

The parties to this memorandum, the National Federation of Federal Employees, hereinafter referred to as NFFE, and the U. S. Department of Agriculture, hereinafter referred to as USDA, enter into this agreement for the purpose of establishing a mutually beneficial dues withholding agreement.

1. This Memorandum of Understanding is subject to and governed by 5 USC 7115, by regulations issued by the Office of Personnel Management (5 CFR 550.301, 550.311, 550.312, 550.321 and 550.322), and will be modified as necessary by any future amendments to said rules, regulations and law. Reference is also made to DPM 550, Subchapter 3 for procedural guidance.

2. Any employee of the USDA who is included in a NYFE bargaining unit may make a voluntary allotment for the payment of dues to the NYFE. This memorandum of understanding shall be made a part of every current and future Local or National agreement and shall be the only authorized method for obtaining dues withholding.

3. The employee shall obtain SF—1187, ”Request for Payroll Deductions for Labor Organization Dues”, from NFFE and shall file the completed SF—1187 with the designated NFFE representative. The employee shall be instructed by NFFE to complete the top portion and Part B of the form. No number shall appear in block 2 of the form except the employee’s Social Security number.

4. The President or other authorized official of the Local Union or the National Secretary—Treasurer will certify on each SF—1187 that the employee is a member in good standing of NFFE; insert the amount to be withheld, and the appropriate Local number; and submit the completed SF—1187 to the Servicing Personnel Office of the USDA Agency involved. The Servicing Personnel Office shall certify the employee’s eligibility for dues withholding, insert the NYFE code (01) and, within five (5) work days after receipt, transmit the SF—1187 in duplicate to the National Finance Center (NFC).

5. The NFC will process the dues deduction effective as of the beginning of the first full pay period after NYC receives the SF—1187. The NFC will forward a copy of the SF—1187 to the NFFE National Treasurer at 1016 16th Street, N.W., Washington, D.C. 20036.

6. Deductions will be made each pay period by the NFC and remittances will be made promptly each pay period to the National Office of the NFFE. The NFC shall also promptly forward to NFFE, a listing of dues withheld. The listing shall be segregated by Local and shall show the name of each member employee from whose pay dues was withheld, the employee’s Social Security number, the amount withheld, the code of the employing agency, and the number of the Local to which each employee belongs. Each Local listing shall be summarized to show the number of members for whom dues were withheld, total amount withheld, and amount due the Local. Each list will also include the name of each employee member for

29

2

that Local who previously made an allotment for whom no deduction was made that pay period, whether due to leave without pay or other cause. Such employees shall be designated with an appropriate explanatory term.

7. In lieu of the listings provided for in Section 6 of this Memorandum of Understanding, USDA agrees to provide the National Office of the NFFE a computer tape in a format to be agreed upon at such time as NFFE has the facilities to process tapes. USDA will be given two (2) months notice to implement this change.

8. The amount of dues certified on the SF—1187 by the authorized Union official (see Section 4) shall be the amount of regular dues, exclusive of initiation fees, assessment, back dues, fines, and similar charges and fees. One standard amount for all employees or different amounts of dues for different employees may be specified. If there should be a change in the dues structure or amount, the authorized Union official shall notify the appropriate Servicing Personnel Office. If the change is the same for all members of the Local, a blanket authorization may be used which includes only the Local number and the new amount of dues to be withheld. If the change involves a varying dues structure, the notification must include the Local number, the name and Social Security number of each member, and the new amount of dues to be withheld for each member. The Servicing Personnel Office shall add the NFFE code (01) and promptly forward the certification to the NYC. The change shall be effected at the beginning of the first full pay period after the certification is received by the NFC. Only one such change may be made in any six month period for a given Local.

9. An employee may voluntarily revoke an allotment for the payment of dues by completing SF—1188, Cancellation of Payroll Deductions for Labor Organization Dues , or by memorandum in duplicate and submitting it to the appropriate Servicing Personnel Office. The Servicing Personnel Office shall forward both copies of the revocation (SF—1188 or memorandum) to the NYC. The revocation will become effective as of the first full pay period after September 1 of each year provided that the revocation was received by the Servicing Personnel Office on or before August 15 of each year, and provided, the employee verifies that he/she has had NYFE dues withheld for more than one year. The NYC shall forward to the NYFE National Office a copy of each revocation received as appropriate notification of the revocation.

10. The USDA will terminate an allotment:

(a) as of the beginning of the first full pay period following receipt of notice that exclusive recognition has been withdrawn;

(b) at the end of the pay period during which an employee member is separated or assigned to a position not included in a NYFE bargaining unit;

30

3

(c) at the end of the pay period during which the Servicing Personnel Office receives a notice from the NYFE or a Local of N’FFE that an employee member has ceased to be a member in good standing;

(d) annually during the first full pay period after September 1, after receipt of the employee member’s written revocation of allotment (SF—1188 or memorandum in duplicate), provided that the revocation is received by the Servicing Personnel Office on or before August 15 of each year, and provided the employee verifies that he/she has had NYFE dues withheld for more than one year.

11. The Servicing Personnel Office and the employee members have a mutual responsibility to assure timely revocation of an employee’s allotment for NFFE dues when the employee is promoted or assigned to a position not included in a bargaining unit represented by NFFE. If the dues allotments continue and the employee fails to notify his/her Servicing Personnel Office, the retroactive recovery of dues withheld from NYFE shall not be made, nor shall a refund be made to the employee.

12. The parties to this agreement recognize that problems may occur in the administration of this agreement and the dues withholding program. The parties agree to exchange names, addresses and telephone number of responsible officials and/or technicians of NFYE and USDA to facilitate resolution of problems. These individuals shall cooperate fully in an effort to resolve any issue relating to dues withholding under the terms of this Memorandum of Understanding.

13. This Memorandum of Understanding shall remain in effect for as long as NYFE holds exclusive recognition in USDA, except that either party may propose amendments annually, before the anniversary date of the signing of this agreement.

Agreed to, signed at Washington, D.C. on October 20 _ __ 1983.

SIGNED WILLIAM J. RILEY, JR.__ SIGNED JAMES M.PEIRCE _ _ Director of Personnel National President

Department of Agriculture National Federation of Federal Employees

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Exhibit C

TEXAS UPWARD MOBILITY PROGRAM

PURPOSE

The Texas Upward Mobility Program (UMP) is established to provide career opportunities for career—conditional and career employees in single interval series positions, GS—l through GS—9. This on going career program will enable employees to enter and qualify for positions of different and/or greater responsibility to achieve their highest potential.

AUTHORITY AND INSTRUCTION

The State’s Upward Mobility Program will be established and implemented in accordance with the provisions of the Federal Personnel Manual (FPM); Department of Agriculture Personnel Manual (DPM); the Office of Personnel Management Regulations; the Equal Employment Opportunity Act of March 24, 1972; Executive Order 11478; the Public Law—5057; the Government Employees Training Act; and the Civil Service Reform Act of 1978.

This program will be implemented as provided for in FmHA Instruction 2045—Y. These Instructions and DPM, Chapter 411 shall govern implementation of the Upward Mobility Program for Texas.

OBJECTIVES

The Farmers Home Administration’s (FmHA) Upward Mobility Program is an in house training program designed to meet specific agency personnel needs and to improve career opportunities for employees. It is designed for employees who are the most able and most deserving of special career assistance serving in career or career—conditional appointments in single interval series positions, CS—l through CS—9.

Specific objectives of the program are:

1. To effectively utilize the potential of Farmers Home Administration employees in the State to meet current and projected staffing needs.

2. To provide training and other opportunities for employees to acquire needed knowledges, skills, and abilities.

3. To provide an alternative method of filling positions compatible with the personal career goals of high quality employees currently in single interval series positions who have limited opportunties for advancement.

4. To meet unfulfilled agency recruitment needs.

5. To make Farmers Home Administration’s Upward Mobility efforts consistent with the agency’s Affirmative Action Plan and Federal Equal Employment Recruitment Plan,

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PROGRAM RESPONSIBILITIES

The Administrative Officer, under the supervision of the State Director, will be responsible for implementing the program and ensuring that the program is carried out in accordance with current agency policies and procedures. Specific responsibilities for the Upward Mobility Program are outlined in FmHA Instruction 2045—Y.

DESCRIPTION OF THE PROGRAM

Initially, there will be six positions designated as Upward Mobility positions in the State. These positions will be three Loan Assistants, GS—1165—5, target level position will be Agricultural Management Specialist, GS—475-7 with promotion potential to GS—9; one GS—1165—5, Loan Assistant, entry level, target level will be Loan Assistant, CS—1165-7 with promotion potential to a Loan Specialist, GS—1165—11; and the two positions in the State Office which were previously designated and filled through Upward Mobility. When an incumbent of an Upward Mobility position is no longer in that position, the need for additional Upward Mobility positions will be evaluated and there will be no less than two and no more than six Upward Mobility positions at any given time.

The positions in the Upward Mobility Program will be selected to ensure that incumbents have access to adequate educational institutions to meet the college course requirements of the Qualification Standards.

The Upward Mobility positions will be announced in accordance with appropriate procedures and will be identified as Upward Mobility positions when announced. The Vacancy Announcements will be distributed to all employees within the State through the regular mail system.

BASIC ELIGIBILITY CRITERIA

To be eligible to apply for participation in the Upward Mobility Program an employee must:

1. Be in a single interval series position, GS—l through GS—9 grade level.

2. Be employed by Farmers Home Administration in Texas for at least one year of continuous service prior to the application closing date.

3. Hold at least a competitive career; Career—Conditional Appointment; a Schedule A, Section 213.3102(u) (Physical Handicap) continuing excepted appointment; or a Veteran’s Readjustment Appointment (VRA).

MOBILITY

Applicants selected for Upward Mobility positions will be subject to relocation based on Farmers Home Administration State Program needs in accordance with applicable FmHA procedure.

33

SALARY RETENTION

If the selected employee is otherwise eligible for the Upward Mobility Program and the salary cannot be accommodated within the rate range, the reassignment or demotion of an employee entering such a program is not “at the employee’s request” and the employee will be entitled to salary retention.

EVALUATION AND SELECTION OF PARTICIPANTS

A review panel of at least three Farmers Home Administration employees will be established to review and evaluate applicants. One of the panel members will be a member of the State EEO Committee when one is established, one of the EEO counselors, the Federal Women’s Program Coordinator or the Hispanic Program Coordinator.

Selection criteria and the review process will be conducted in accordance with Farmers Home personnel procedures and the Upward Mobility Instructions.

The State Director will be the selecting official.

TRAINING PLAN

An individual training agreement and plan will be developed within thirty days after selection of an employee to the Upward Mobility Program. The employees shall be consulted and advised regarding the Upward Mobility training plan. The training plan shall be signed by the employee and the Administrative Officer.

EVALUATION

The employee’s supervisor will conduct an evaluation of the Upward Mobility Program with the employee after three months and at three month intervals during the first year. This evaluation will be submitted to the Administrative Officer for review. After the first year, the evaluation of the trainees progress will be done at a six month interval. Prior to any promotions, the supervisor will certify that the trainee is progressing satisfactorily and has clearly demonstrated the ability to perform satisfactorily at the next higher level.

The Upward Mobility Program will be evaluated each year by the Administrative Officer in consultation with the Upward Mobility incumbents, the supervisor, and a representative from the EEO Committee when it is established. The evaluation will be made to determine the effectiveness of the program, the cost effectiveness of the program, and employee morale.

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Exhibit D

MEMORANDUM OF AGREEMENT December l6, 1998

This Memorandum of Agreement (MOA) is between the AFGE Local 571 and USDA

Rural Development, Texas. This agreement applies to the implementation of the USDA

Support Services Bureau Directive (SSBD) 4140-01, as it relates to the new Performance

Management Program which becomes effective on January 1, 1999. AFGE Local 571

and USDA Rural Development, Texas hereby agree to implement the directive as written.

It is further agreed to, that if National Office negotiations take place where Texas AFGE

Local 571 participates, then those agreed to negotiations cancel out the contents of this

agreement. It is further agreed to that the USDA Support Services Bureau Directive

(SSBD) 4140-01 takes precedence over the current contents of the Texas Labor-

Management Relations Agreement as it relates only to the Performance Management

Program (Article 17) in effect prior to the implementation of USDA Support Services

Bureau Directive (SSBD) 4140-01 which is effective January 1, 1999. The mechanics for

inclusion, and incorporation of this change in the Texas Labor-Management Relations

Agreement will be discussed and decided on at the next regularly scheduled meeting of

labor and management in January 1999.

signed by Steven A. Carriker______ signed by Michael Klein________________ STEVEN A. CARRIKER MICHAEL KLEIN State Director, for USDA President, for AFGE Local 571 Rural Development--Texas

Exhibit E

MEMORANDUM OF AGREEMENT July 1, 1999

This Memorandum of Agreement (MOA) is between the AFGE Local 571 and USDA

Rural Development, Texas. This agreement. applies to the implementation of the USDA

Support Services Bureau Directive (SSBD) 4l40-01, as it relates to the new Performance

Management Program. AFGE Local 571 and USDA Rural Development, Texas hereby

agrees to implement the directive as written. It is further agreed that the USDA Support

Services Bureau Directive (SSBD) 4l40-01 takes precedence over the current contents of

the Texas Labor-Management Relations Agreement as it relates to the Performance

Management Program.

signed by Steven A. Carriker_____________ signed by G. Lance Smith________ STEVEN A. CARRIKER for MICHAEL KLEIN State Director, for USDA President, for AFGE Local 571 Rural Development--Texas

Exhibit F

MEMORANDUM OF AGREEMENT July 1, 1999

This Memorandum of Agreement (MOA) is between the AFGE Local 571 and USDA

Rural Development, Texas. This agreement.applies to the implementation of the USDA

Service Center Agency Directive (SCAD) 4l30-0l, as it relates to the new Employee

Recognition Program. AFGE Local 571 and USDA Rural Development, Texas hereby

agrees to implement the directive as written. It is further agreed that the USDA Service

Center Agency Directive (SCAD) 4l30-0l takes precedence over the current contents of

the Texas Labor-Management Relations Agreement as it relates to the Incentive Awards

Program.

signed by Steven A. Carriker_____________ signed by G. Lance Smith ___ _______ STEVEN A. CARRIKER for MICHAEL KLEIN State Director, for USDA President, for AFGE Local 571 Rural Development--Texas

Exhibit G

MEMORANDUM 0F AGREEMENT JUNE 7, 2000

This Memorandum of Agreement (MOA) is between the AFGE Local 571

and USDA Rural Development, Texas. This agreement applies to the

implementation of the USDA Service Center Common Policy Directives as

it relates to the Merit Promotion Plan. AFGE Local 571 and USDA Rural

Development, Texas hereby agrees to implement the directive as written. It

is further agreed that the USDA Service Center Common Policy Directive

on Merit Promotion takes precedence over the current contents of the Texas

Labor-Management Relations Agreement and USDA Rural Development

(formerly FmHA) Instruction 2045-C, as it relates to the Merit Promotion

Program.

signed by Steven A. Carriker_______ signed by Michael Klein_____________ STEVEN A. CARRIKER MICHAEL KLEIN State Director, for USDA President, for AFGE Local 571 Rural Development Texas Texas

Exhibit H

1

1. BACKGROUND

This establishes the procedures for merit promotion and placement actions f orposit ions in the Nat ional Of f ices, Service Centers, and other Field Off ices of theRural Business-Cooperative Service, Rural Housing Service, and Rural Ut ilit iesService, Natural Resources Conservation Service, (NRCS), Risk ManagementAgency, (RMA), Foreign Agricult ural Service, (FAS), Farm Service Agency , (FSA),and the Support Services Bureau, (SSB). This document is in accordance with 5CFR 33 5 and provides supplemental informat ion t o comply w ith theserequirement s.

2. POLICY

A. In order to promote fair and equit able t reatment for al l employees, t his plandefines how consideration w ill be given to all interested applicants.

B. This Supplement does not guarantee promotion; nor does it require avacancy be filled by promotion.

C. Act ions under this Merit Promot ion Plan--whether in identif ication,qualificat ion, evaluation, or selection of candidates, or any other phase of t hepromotion process--shall be made wit hout discrimination f or any nonmeritreason.

D. This plan covers promotions in the competit ive service through GS-15 andsimilar pay schedules, and to or f rom any prevailing rate schedule position.

E. Any exception to this merit promot ion policy must be approved by the headof the nat ional Human Resources Of f ice.

3. OBJECTIVES

A. The objectives of t his plan are to:

narrow t he number of candidates to a reasonable number and assure that select ions are made from among the best qualif ied applicant s;

give employees an opportunity to receive fair, equitable, and appropriat e considerat ion f or higher level jobs;

provide an incentive for employees to improve their performance and develop t heir know ledges, ski lls, and abilit ies, (KSAs);

provide career opport unit ies for employees;

bring the best qualif ied candidates to the att ention of the selecting off icial; and, enhance and support diversity in the w orkforce.

2

4. COVERAGE

The follow ing types of personnel actions are covered:

A. Competit ive promot ion.

B. Reassignment or demotion to a posit ion w it h more promot ion pot ent ial thanthe highest act ual grade held by an employee on a permanent basis under acareer or career-conditional appointment.

C. Transfers to a higher-graded position or a position w ith higher promot ionpotent ial than the highest actual grade previously held by an employee on apermanent basis under a career or career-conditional appointment.

D. Reinstatement t o a higher-graded position or a position w ith higher promot ionpotent ial than the highest actual grade held by an employee on a permanentbasis under a career or career-conditional appointment.

E. Select ions for details for more than 120 days to a higher-graded position orto a position w ith know n promotion potential.

F. Select ion for t raining that is any one of t he follow ing:

Part of an authorized training agreement.

Part of a promotion program, although the promot ion may not immediately follow the t raining.

Required before an employee is qualified for reassignment t o a dif ferent occupat ional series.

Part of a Career Enhancement Program.

Designed primarily to prepare employees for advancement or to f ulfill specific qualif ication requirements for a position w ith know n promot ion potential.

G. Time limited promotion f or more than 12 0 days to a higher-graded position ora position w ith higher promot ion potent ial, unless the selectee has held thegrade previously on a permanent basis.

3

5. EXCEPTIONS

The follow ing types of personnel actions are not covered:

A. Competit ive select ion from an Off ice of Personnel M anagement (OPM)certif icate or a certif icate issued by an Agency w ith delegated examiningauthority.

B. Promot ions result ing from an employee' s posit ion being rec lassif ied at ahigher grade because of accret ion of dut ies and responsibil it ies.

C. Promot ions result ing from upgrading a posit ion, w it hout signif icant changesin t he duties or responsibilit ies, because of eit her t he issuance of a newclassification standard or the correction of an initial classification error.

D. Career-ladder promot ions w hen an employee w as previously selected for anassignment int ended to prepare him/her for t he posit ion being f illed. Sourcesof select ion may be:

an Of f ice of Personnel M anagement cert if icate

a list of employees issued under delegated examining authorit y

select ion under compet it ive promotion procedures

Special Placement Programs or

any other direct hire authority.

E. Promot ion, reassignment, demotion, transfer, reinstatement, or detail to aposition having promot ion potent ial no greater than the potent ial of a positionan employee currently holds or previously held on a permanent basis in thecompetit ive serv ice, prov ided the employee w as not demoted or separatedfrom that grade because of def icienc ies in performance or " for cause"reasons.

F. Details, not longer than 120 days, to a higher-graded position or t o a positionw ith no known promotion potential.

G. Details at the same or low er grade.

H. Act ions taken as a remedy for f ailure to receive proper consideration in acompetit ive promot ion action.

I. Promot ing an employee upon exercise of reemployment rights if theemployee' s former posit ion w as reclassif ied during his/her absence.

J. Selection of a candidate from the Reemployment Priority List (RPL) for a

4

posit ion up t o the highest grade prev iously held in t he compet it ive serv ice.

K. Position changes permit ted by Reduct ion-in-Force (RIF) regulat ions.

L. Repromot ion to a grade or posit ion from w hich an employee w as demoted as a result of RIF.

M. Select ion by reassignment t o a position w ith t he same or less promot ion pot ent ial than a posit ion prev iously held under a career or career-condit ional appointment .

N. A t emporary promot ion for 120 days or less to a higher-graded position or t o a position w ith know n promotion potential.

O. Permanent promotion t o a position held under temporary promotion w hen:

(1) the assignment w as originally made under compet it ive procedures; and

(2) it w as made know n under compet it ive procedures to all competit ors at the t ime that it might lead to a permanent promot ion.

P. Voluntary change t o a low er grade w it h the same or less promot ion pot ent ial than previously held under a career or career-conditional appointment.

Q. A posit ion change from a position having know n promot ion potent ial to a position at t he same grade having no higher potent ial.

R. Select ion of an eligible CTAP or ICTAP candidate.

6. METHODS FOR FILLING VACANCIES

Vacancies may be filled by any appropriate method including special placement programs, new appointment, reassignment, transfer, reinstatement or promotion, etc.

7. PRIORITY PLACEMENT PROGRAMS

A. When a position is announced wit h an area of consideration lim ited to all or some portion of t he USDA w orkforce, t he order of consideration for priority and other candidates is as follow s:

1. Agency CTAP eligibles

2. USDA CTAP eligibles

3. Agency/USDA repromot ion eligibles

4. Agency priori ty considerat ion eligibles

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5. All ot her applicants w ithin t he area of consideration, and

6. RPL registrants at t he option of t he selecting off icial.

B. When a position is announced wit h an area of consideration w hich exceeds the current USDA workforce (e.g., Government-w ide or all sources), the order of consideration for priorit y and ot her candidates is as follow s:

1. Agency CTAP eligibles

2. USDA CTAP eligibles

3. USDA RPL registrants

4. USDA ICTAP applicants

5. Agency/USDA repromot ion eligibles

6. Agency priori ty considerat ion eligibles

7. ICTAP eligibles (other than those displaced from USDA) and

8. Al l other applicant s.

C. USDA REPROMOTION PLACEMENT PLAN

Employees dow ngraded through no fault of t heir own are entit led to priority consideration for a period of 2 years from the eff ective date of the employee’s dow ngrade.

D. PRIORITY CONSIDERATION

Employees are entit led to priorit y consideration w henever reconstruct ion of a promot ion action show s that , except f or some error, (i.e. wrong qualificat ion determination, failure to consider, improper rating, failure to follow competit ive procedures, etc. ), t he employee would have appeared on a promot ion certif icate. The employee shall be entit led to one bonafide consideration for t he type (same series, grade, up to t he same promotion pot ent ial, and geographic area) of posit ion prev iously appl ied f or under competit ive procedures. A priori ty considerat ion cert if icate w ill be f orw arded to t he selecting off icial prior to issuing a competit ive certificate. If no priority consideration candidate is selected, t he selecting of fic ial must provide job-related justif ication f or the non-select ion.

8. INITIATING THE VACANCY

A. The supervisor of the vacancy w ill submit an SF-52, Request for Personnel Act ion, through appropriate channels. With t he SF-52 , the supervisor will

6

attach a Position Descript ion Cover Sheet and a current position descript ion that accurately describes the position to be filled.

B. No action w ill be taken to staff the vacant position unt il the position is classified.

C. The select ing of f icial w ill det ermine, in consult at ion w it h the Personnel Specialist, t he best w ay to f ill the vacancy (OPM register, t ransfer, reinstatement , merit promotion procedures, Special Placement Programs, etc.).

9. PROCEDURES WHEN VACANCY IS A NNOUNCED

The follow ing procedure w ill be follow ed for all merit promotion vacancies:

A. Identif icat ion of Select ion Criteria.

1. Prior to post ing t he vacancy announcement , t he Personnel Specialist determines:

a. That KSAs are est ablished for t he posit ion. The Personnel Specialist w ill discuss and review w ith t he selecting of fic ial the existing KSAs to determine if t hey are still appropriate; or

b. That KSAs are not established for t he posit ion. The Personnel Specialist w ill contact t he selecting of fic ial to establish the KSA' s.

B. Minimum Area of Consideration

The follow ing is designated as the minimum area of consideration:

1. Any single Agency, Service, or Bureau, National/Headquarters Of f ices -commut ing area

2. Any single Agency, Service, or Bureau, State/Field Off ices -commut ing area

A w ider area of consideration may be initially established to obtain more qualified candidates if it is anticipated that suf fic ient candidates w ill not be avai lable.

C. Preparation and post ing vacancy announcement s.

1. Vacancy announcements w ill normally be posted for a minimum of 1 0 w orkdays. Announcements w ith t he area of consideration lim ited to CTAP/ICTAP candidates may be open for 5 calendar days.

7

2. Nationw ide/Government w ide will be posted for a minimum of 21 calendar days.

3. Close of business in Field Off ices w ill be determined by the appropriate of f icial in each of f ice.

4. Vacancies will be posted on the automated bulletin board systems prescribed by OPM. Off ices will ensure announcements are posted to provide for adequate publici ty t o employees.

10. SUBMITTING APPLICATIONS

A. To be considered for posted vacancies, the follow ing procedures must be follow ed:

1. Applicants must submit:

SF-171, Applicat ion for Federal Employment ; or OF-612, Optional Application for Federal Employment; or resume; and Supplemental statement that addresses each of the KSAs separately or other informat ion included in the announcement; and Current performance appraisal/rating, or a statement advising the performance appraisal/rat ing is unavailable. (This applies only to current Federal Employees). Any other information as specified in the vacancy announcement.

2. Non-competit ive referral candidates are not required t o submit KSA supplemental statements although they are encouraged to do so.

NOTE:

Failure on the part of the applicant to submit the request ed material w ill result in not being considered for the advertised position.

KSA supplemental st atements may not be more t han 2 single-spaced pages per KSA unless otherw ise stated on the vacancy announcement.

Addit ional materials, such as copies of posit ion descript ions, publications, aw ard certif icates, w ill not be considered in the ranking process.

B. Applicat ions must be received at t he specif ied location by the close of business on t he closing date of the vacancy announcement unless otherw ise stated on the vacancy announcement. Except ions to this requirement may be made by the servicing Human Resources Of f ice for reasons such as

8

extended power outages, severe w eather, etc.

C. Applications submit ted by facsimile or other electronic means as specified in the announcement w ill be accepted.

D. Employees who are on extended leave are responsible for not ify ing their supervisor if t hey want to be considered for promot ional opportunit ies while they are on travel or leave. Employees shall leave a telephone number, e-mail address and/or facsimile number wit h their supervisor. The supervisor is responsible for contact ing the employee to provide vacancy information.

E. Voluntary applications w ithin t he Agency w ill not be accepted unless so stated on the vacancy announcement. The vacancy announcement w ill outline the method of considering candidates w hen applications are accepted.

F. Applicat ions w ill normally be accepted from candidates under special hiring authorities, i.e., VRA, 30% Disabled Veteran, Persons with Disabilities, etc. Qualified candidates w ill be placed on the Promotion Certif icate as non-competit ive referrals. The vacancy announcement w ill indicate if candidates under special hiring authorit ies will not be considered.

G. Sect ion 765 of P.L. 105-277 states that permanent employees of FSA County Commit tees employed on or aft er October 1, 1 998, shall be considered as having Federal Civil Service status f or the purpose of applying for USDA Civil Service vacancies. Applications w ill be accepted f rom permanent FSA county committee employees w ho w ere employed on or af ter October 1, 199 8, w hen the area of consideration includes FSA employees. FSA County Commit tee employees do not receive any priority consideration for Civi l Service vacancies.

11. EVALUATION TO DETERMINE ELIGIBILITY, BASIC QUALIFICATIONS, AND NOTIFICATION TO CANDIDATES

A. Qualifications of the applicants w ill be determined from the application package submitted and the applicant not if ied of the results.

B. Minimum quali f icat ion standards used f or placements are standards approved by the Off ice of Personnel M anagement and may be f ound in OPM Handbook, Qualif icat ion Standards f or General Schedule Posit ions and the X-118C, Internal Qualif icat ions Guide for Trade and Labor Jobs. The Personnel Specialist w ill assure t hat all of the follow ing requirements are met:

1. Time-in-grade restrict ions.

2. Qualif icat ion Standards for General Schedule Posit ions or t he X-118 C standards.

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3. 90 -day after competit ive appointment restrict ion.

4. Any other requirements such as selective placement factors (e.g., abilit y t o communicate in a foreign language).

5. Summary performance rating of fully successful or results achieved.

C. Applicants must meet all of the above requirements by t he closing date of the announcement.

D. Submission of additional information af ter the closing date w ill not be accepted.

12. RATING AND RANKING PROCEDURES

Either a Merit Promotion Panel or a Personnel Specialist/Subject Matter Expert may be used to rate and rank candidates.

A panel may be used for any vacancy regardless of the number of competitive candidates.

A Personnel Specialist /Subject Mat ter Expert may be used if there are 10 or less competit ive candidates for any particular advertised grade level.

The same method w ill be used for any posit ion(s) advertised at mult iple grade levels.

A. Merit Promot ion Panel Method

1. Merit Promot ion Panel Composit ion

a. The Personnel Specialist w ill assemble a Merit Promot ion panel consist ing of at least tw o members w ho occupy posit ions at a grade level not low er than the full performance level of the position being f illed. The selecting of fic ial may recommend members to serve on the panel subject to the approval of t he Personnel Specialist .

b. The Personnel Specialist w ill serve as a facilitator w ith responsibility f or assuring the requirements of merit promot ion procedures are follow ed and to assist in expedit ing t he process.

c. Neither the supervisor, the selecting of fic ial, nor the approving of f icial of the vacancy may be a member of the panel. They may, how ever, be asked to appear bef ore t he panel t o answ er any questions regarding the vacancy or t he crediting plan.

d. Merit Promotion Panels should include minority group members

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and/or w omen.

e. Members of the panel w ill protect the conf identiality of allinformat ion received or review ed during t he commit tee process.

f . There may be an EEO observer present during this process.

2. Merit Promotion Panel Delegated Responsibility

The Merit Promotion Panel has the final responsibility f or determiningbest qualified candidates based on valid, job-related crit eria andemployee’s application package. They are accountable for defendingtheir f inal decision t o any regulatory or invest igat ive agency.

3. Merit Promotion Panel's Rating of the Candidates

A. The Merit Promotion Panel w ill use the follow ing ratinginstruments to determine a candidate' s possession of eachidentif ied KSA and the level of prof iciency att ained.

Rating Instrument - application, KSAs, performance appraisal, related aw ards, training and self development.

NOTE: These factors may be considered in the evaluation process only to t he extent that they are clearly related to one or more of t he skills and know ledges important to successful performance in the job to be filled.

B. A rat ing scale w ill be developed for each KSA against w hich anapplicant’s possession of t hat KSA w ill be measured. The pointrange is 5 - 0 .

Superior - (5 points w ill be assigned)

Satisfactory - (3 points w ill be assigned)

Minimally acceptable - (1 point w ill be assigned)

No evidence - (0 point w ill be assigned)

B. Personnel Specialist/Subject Mat ter Expert Ranking Method

1. If there are l0 or few er qualified competit ive applicants at eachparticular grade level for a vacancy, a Personnel Specialist may beused to determine the best qualified.

2. The Personnel Specialist or a subject matter expert w ill apply the samerating criteria used by a merit promotion panel as described above in

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paragraph 12 (3).

C. Determining the Best Qualified

1. Each basically qualif ied competi t ive candidate is evaluated against crit eria developed f rom the job analysis process w hich w as developed prior to rating. Each candidate is given a score based on their experience, education, related awards, training, and self development. These scores are then combined and recorded on the master score sheet .

2. Up to 10 candidates may be certif ied for each grade level if meaningful distinct ions cannot be made among a smaller number.

3. Where dist inc t ions simply cannot be made, if a t ie occurs f or t he 10th position, all names w ith t hat score w ill be referred.

4. If more than 1 posit ion is to be f illed, three additional names may be certified for each additional vacancy.

5. If insuf fic ient candidates, (three or less) are best qualified, t he select ing off icial may make a select ion or request t hat the area of consideration be extended.

6. There is no provision allow ing the selecting of fic ial to request and make a selection f rom candidates who have not been rated best qualified.

13. Alt ernative Evaluation Method

1. This is an alt ernat e approach for determining w ell qual if ied candidates w hen 1 0 or f ew er applicat ions are received from basically qual if ied candidates w ho must compete.

2. The Personnel Specialist review s application materials to determine that an applicant meets basic qualifications and any selective factors ident if ied for the posit ion. A f urther review is conducted to dist inguish w ell qualified candidates f rom those who only meet minimum requirement s.

3. If a Personnel Specialist is not f amiliar wi th t he requirements of t he position t o determine whether experience, education, or t raining relates to the evaluat ion crit eria, t hen a subject mat ter expert may perform t he evaluation or his/her technical advice may be obtained.

4. Applicants who meet all these requirements are referred to t he select ing off icial as well qualified candidates for consideration by t he selecting of ficial.

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5. Any basically qualif ied candidates for lateral reassignment and t hose eligible for consideration under special hiring authorit ies or for reinstatement w ill be referred to the selecting of fic ial without being evaluated by any of these methods.

14. SELECTION PROCESS

A. The names of t he best qualif ied candidates w ill be listed on the Promotion Certif icate by grade level in alphabetical order.

B. The select ing of f icial may be provided w ith all Best Qualif ied candidates' KSA supplemental statements, applications and any other related material.

C. The select ing of f icial has t he option to eit her interview or not to interview the best qualif ied candidates on a promotion cert ificate. If one best qualif ied candidate is interviewed, then all best qualified candidates must be interview ed. Non-compet it ive referrals need not be interview ed, nor must the select ing of f icial int erview all non-competit ive referrals if they int erview one.

D. The selecting of fic ial is entit led to make a selection f rom any of the candidates listed on a promotion certif icate based on his/her judgment of how w ell the candidate will perform in t he particular job being filled.

E. The selecting of fic ial will make his/her selection, forw ard it t hrough appropriate approving of fic ials. Each candidate w ill be notif ied of the select ion.

F. The promotion cert ificate should be returned w ithin 3 0 days. If the select ing of f icial is unable to make t he select ion, ex tensions may be granted up to 9 0 days f rom the date the certif icate w as originally issued. In the event a like (same Agency, of ficial t itle, series, grade, and geographic location) vacancy occurs w ithin t he original area of consideration during t he 90 day period, the same certif icate may be used to fill t he subsequent vacancy(s) without re-advertising.

G. The selecting of fic ial is not required to make a selection f rom the promotion cert if icate but may select from any other appropriate source.

H. A selected candidate w ill normally be released to ent er on dut y in the new position no later than 1 f ull pay period aft er selection. Extensions beyond the normal 1 pay period w ill be negot iated bet w een the superv isors involved by t he Personnel Specialist .

15. PROMOTION RECORDS AND INFORMATION

A. The Human Resources off ice w ill establish and maintain an off icial promotion case fi le for 2 years.

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B. The follow ing inf ormat ion w ill be prov ided to any employee upon request :

1. Explanations and supporting regulations concerning the MeritPromotion Plan.

2. The qualifications required for a position.

3. If t he employee was considered and basically qualified.

4. Whether the employee was among the best qualif ied and how theemployee w as evaluat ed by the Merit Promot ion Panel or PersonnelSpecialist .

5. Cut-of f score for best qualified.

6. Scores of other candidates (not ident if ied by name).

7. Number of qualif ied candidates.

8. Number of candidates certif ied as Best Qualified.

9. Who w as selected.

C. Employee Complaints: An employee has the right t o file a grievance orcomplaint if he or she feels:

1. There has been an improper application of governing rules andregulat ions.

2. The Merit Promotion Plan procedures were not f ollow ed.

Individual judgments used in merit promotion process or non-selection from a group of properly ranked or cert if ied candidates are not subject to the formal administ rative grievance process.

D. All employees are encouraged to discuss plans and opportunit ies foradvancement w ith their supervisor and request information and/or assistancefrom the servicing of fice on specif ics of t he Merit Promotion Plan,qualification standards, etc.

16. PROGRA M REVIEW

This plan w ill be reviewed and reported on periodically in conjunction w ithmanagers, supervisors and employees to ensure t hat :

A. The plan is effective and useful to employees and management;

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B. Promot ion actions and employee complaints are handled prompt ly and properly;

C. Promot ions are used t o encourage competent employees to invest igat e new careers and to make the best use of their knowledge and skills; and

D. Employees, supervisors and managers have a full understanding of the merit promotion process.

ATTACHMENT 1

EMPLOYEE, SUPERVISOR AND PERSONNEL RESPONSIBILITIES

Employee Responsibility:

1. Review announcements under the Merit Promotion Program.

2. Review announcements and, if they f eel they meet specific experience and training requirements for t he posit ion, properly complet e and f orw ard al l required application material by the closing date for each position for which they w ish to be considered, keeping in mind that the Promot ion Cert if icate can be used for another like (same Agency, off icial tit le, series, grade, and geographic locat ion) vacancy t hat occurs w ithin 90 calendar days.

3. Keep supervisors informed of career interests. Before departure on temporary dut y, scheduled leave, and other absences, provide supervisor w ith a telephone number, e-mail address and/or facsimile number at w hich they may be contacted.

4. Take advantage of self-development and t raining opportunit ies, both on and off the job.

5. Demonstrate competence and readiness for advancement by diligent and effective performance in current assignment.

6. When request ed, part icipat e in applying OPM regulat ions t o establish reasonable job-related evaluation crit eria (KSAs), and participate on promotion panels for determining best qualif ied candidates.

7. Assure that of f icial personnel records ref lect all experience, education and training.

8. Keep informed of the provisions of this Plan.

Supervisor Responsibility:

1. Maint ain a current copy of this plan, make it available to their employees, and exert every ef fort to ensure that employees fully understand the plan.

2. Inform new employees w here position vacancy announcements are posted.

3. Periodically inform employees, either orally or in w riting, that questions about the Plan or specific promot ion actions should be referred to the servicing Personnel off ice for inf ormal handling; that formal means for resolving promotion complaint s are available through Agency Grievance Procedures.

4. Ant icipat e personnel vacancies and ini t iate act ion in a t imely manner so that suff icient qualif ied applicants can be found to facilit ate the best selection.

5. Participat e in apply ing OPM regulat ions to est ablish reasonable job-relatedevaluat ion criteria (KSAs).

6. Part icipat e in or make employees available for rat ing panels.

7. Give fair, equitable, and full consideration to all candidates referred and makea final select ion from the list w ithout discrimination f or any nonmerit reasonand w it hout favorit ism based on personal relat ionship or pat ronage.

8. Under the provisions of t his plan, release a selected employee for assignmentto his or her new job.

9. On a fair and equitable basis, guide and assist employees in developing skillsand abilit ies t hrough cross-t raining, special assignments, and f ormaleducation, as needed. Encourage and advise employees regardingself-development needs and opportunit ies, and on areas w here improvementshould be made to increase chances for fut ure promotion.

Human Resources Responsibility:

1. Develop and administer the Merit Promotion Plan.

2. Ensure the quality and effectiveness of t he merit promot ion program andmanagement /employee understanding and acceptance.

3. Through job-analysis, develop and administer selective placement f actors forbasic eligibil it y and ident if icat ion of job-related criteria.

4. Determine and/or develop appropriate evaluation methods and inst rument s tobe included in credit ing plans.

5. Provide technical advice and assistance to panel members responsible forrating candidates.

6. Publicize the program to keep management and employees well informed.

7. Furnish advice and assistance to employees interested in advancing ortransferring t o new career fields.

8. Evaluate program effect iveness to include initiat ion of improvements ornecessary changes.

9. Maint ain records in accordance w ith OPM and USDA requirement s.

10. Give new employees general informat ion on the program as a part ofemployee orientat ion.

11. Advise of methods and procedures for f illing all vacancies.

12. Advise candidates w ho apply for promotion w hether they meet basic eligibil ity requirements and inform t hem of act ion t aken on their applications.

13. Ensure that posit ion vacancy announcements are published.

Exhibit I

MEMORANDUM OF AGREEMENT JUNE 7, 2000

This Memorandum of Agreement (MOA) is between the AFGE Local 571

and USDA Rural Development, Texas. This agreement applies to the

implementation of the USDA Rural Development Instruction 2051-F, as it

relates to Hours of Duty. AFGE Local 571 and USDA Rural Development,

Texas hereby agrees to implement the procedure as written. It is further

agreed that the current contents of the Texas Labor-Management Relations

Agreement, Article XXVIII: Work Schedules and Hours of Work, Section

28.2, paragraph C, items 1 through 14 (AWS Procedures) take precedence

over USDA Rural Development Instruction 205 1-F as it relates to Hours of

Duty, if the two are in conflict. A new, more “employee friendly” Time and

Attendance Record form will be developed and added to the Instruction prior

to the date of implementation. The implementation of USDA Rural

Development instruction 2051-F, which supplements the existing Texas

Labor-Management Relations Agreement, is effective July 2, 2000.

signed by Steven A. Carriker_____________ signed by Michael Klein___________ STEVEN A. CARRIKER MICHAEL KLEIN State Director, for USDA President, for AFGE Local 571 Rural Development Texas Texas

Exhibit J

MEMORANDUM OF AGREEMENT

Effective immediately, bargaining unit employees of USDA Rural Development Texas will be

covered by the provisions of RD Instruction 2060-A, “Rural Development Performance

Appraisal”, dated November 7, 2008. This MOA replaces an earlier MOA dated May 11, 2006

that implemented an earlier version of the same RD Instruction.

/s/ Scooter Brockette SCOOTER BROCKETTE Acting State Director USDA/Rural Development Texas

/s/ 2-20-09 Date

/s/ Ronda Weston RONDA WESTON President, Local 571, American Federation of Government Employees

/s/ 2-06-09 Date

Rural Development

OFFICE OF THE

TEXAS STATE

DIRECTOR

101 South Main

Fed. Bldg., Suite 102

Temple, TX 76501

Voice 254.742.9710

Fax 254.742.9709

Exhibit K

USDA

United States Department of Agriculture iliilllllll

MEMORANDUM OF AGREEMENT

Rural Development - Texas

Sep 30, 2018

Effective Monday, October 1, 2018, the Agency (U.S. Department of Agriculture Rural Development Texas) and the Union (American Federation of Government Employees, Local 571) hereby amend their Texas Labor-Management Relations Agreement ("LMRA") as follows:

This Memorandum of Agreement ("MOA") implements the Rural Development State Office Breakroom Refrigerator Policy. This Agreement is hereby implemented on Monday, October 1, 2018, and remains in effect until revised or rescinded by either party agreement.

1. Employee's may only place items in the refrigerator for the day. There is to be no storing of food items including condiments, etc. for more than the day it is placed in the refrigerator. 2. Items should be labeled with employee name and date the employee placed the item inside the refrigerator. 3. The Agency will develop an annual cleaning schedule whereby each Program will have the responsibility for cleaning the refrigerator on the last Friday of the month ("clean" means to empty contents from the inside of the refrigerator and wipe down/sanitize shelves, etc.) Two volunteers will be sought from each team as their month approaches. If there are no volunteers, the Program Director shall assign the task to two employees within their section, rotating the assignments throughout the year. 4. Items left in the fridge on cleanout day (marked or not) after 3pm will be discarded into the trash. Cleaning will be conducted between 3pm and 4pm on the scheduled date. Nor more than two employees conducting cleaning will be allowed one hour, to be coded as regular work time. 5. The Agency will purchase replacement water filters, while general operating funds allow, and the make/model replacement filters are available. 6. Any necessary repairs while under warranty will be arranged by the Agency. 7. The building owner retains the right to request refrigerator electric usage data from the make/model, approve the specific unit purchased, and demand it be removed if it becomes unserviceable or if the Agency fails to maintain the refrigerators cleanliness. It will be the Agency's responsibility to remove the refrigerator if this happens. Employees will be provided a two week notice prior to its removal.

FY2019 CLEANING SCHEDULE - RESPONSIBLE PROGRAM (Complete on last Friday of the Month) OCT 26, 2018 - CP NOV 30, 2018 -B&I DEC 28, 2018 - SFH JAN 25, 2019 - MFH

USDA is an equal opportunity provider and employer.

If you wish to file a Civil Rights program complaint of discrtmination, complete the USDA Program Discrtmination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also wrtte a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agrtculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov.

Lexie Potter

9/24/2018