MASTER 
LABOR 
AGREEMENT 
___________________ BETWEEN__________________ 
FEDERAL EDUCATION ASSOCIATION 
STATESIDE REGION 
(FEA-SR) 
______________________ AND ______________________ 
DEPARTMENT OF DEFENSE 
DOMESTIC DEPENDENT 
ELEMENTARY 
AND SECONDARY SCHOOLS 
(DDESS) 
EFFECTIVE: 6 December 2005 


FEA-SR / DDESS MASTER LABOR AGREEMENT 
INDEX 
ARTICLE SUBJECT PAGE
1 PREAMBLE 1
2 MISSION STATEMENT 4 
3 RECOGNITION 5
4 CONDITIONS OF THE AGREEMENT 7 
5 AGENCY RIGHTS 9 
6 ASSOCIATION RIGHTS 10 
7 BARGAINING RIGHTS AND REQUIREMENTS 29 
8 EMPLOYEE RIGHTS 37 
9 GENERAL ADMINISTRATION PROCEDURES 47 
10 ASSOCIATION AND DDESS COOPERATION 51 
11 HEALTH AND SAFETY 54 
12 STUDENT DISCIPLINE 60 
13 PLACEMENT OF CHILDREN WITH DISABILITIES 61 
14 PROFESSIONAL MATTERS 64 
15 PERFORMANCE APPRAISAL SYSTEM 65 
16 DUES ALLOTMENTS 71 
17 ORIENTATION AND CERTIFICATION 76 
18 HOURS OF WORK AND SCHEDULING 78 
19 PROFESSIONAL DEVELOPMENT 82 
20 PAY AND BENEFITS 85 
21 LEAVE 94 
i

22 REASSIGNMENTS, VACANCIES, AND TRANSFERS 107 
23 REDUCTION IN FORCE 113 
24 BASE CLOSURES 121 
25 DISCIPLINARY ACTIONS 122 
26 GRIEVANCE PROCEDURES 129 
27 ARBITRATION 137 
28 DEVELOPMENT OF NEW/SPECIAL PROGRAMS 143 
29 DURATION 144 
SIGNATORIES 145 
APPENDIX A FLRA CERTIFICATION, CASE NO. WA-RP-90087 
APPENDIX B DDESS OFFICIAL TIME REQUEST/REPORT 
APPENDIX C FEA-SR REQUEST FOR INFORMATION 
APPENDIX D SALARY WORKSHEET 
APPENDIX E EXPERIENCE CREDIT MATRIX 
APPENDIX F SALARY SCHEDULES 
APPENDIX G EXTRACURRICULAR DUTY ASSIGNMENT AGREEMENT 
APPENDIX H DDESS EXTRACURRICULAR DUTY ASSIGNMENT 
COMPENSATION SCHEDULE 
APPENDIX I EMERGENCY LEAVE BANK 
APPENDIX J EMERGENCY LEAVE BANK REQUEST FORM 
APPENDIX K DDESS EDUCATIONAL LEAVE PROGRAM FACT SHEETS 
AND APPLICATION AGREEMENT FORM 
APPENDIX L FMCS FORM NO. R-43 
APPENDIX M DEFINITIONS 
ii 

FEA-SR / DDESS MASTER LABOR AGREEMENT 
SECTION INDEX 
ARTICLE SUBJECT PAGE 
1 PREAMBLE 1 
Sec. 1. Parties 1 
Sec. 2. Intent and Purpose 1 
Sec. 3. Public Policy 2 
2 MISSION STATEMENT 4 
3 RECOGNITION 5
4 CONDITIONS OF THE AGREEMENT 7 
Sec. 1. Laws, Regulations, Policies, & Prior Agreements 7 
Sec. 2. Distribution of Agreement 8 
5 AGENCY RIGHTS 9 
6 ASSOCIATION RIGHTS 10 
Sec. 1. Exclusive Representative 10 
Sec. 2. Weingarten Rights 10 
Sec. 3. Formal Discussion Rights 11 
Sec. 4. Announcement of Association Officers 11 
Sec. 5. Announcements at Faculty Meetings & Orientations 12 
Sec. 6. Notification of Agency Responsibilities 12 
Sec. 7. Association Access to DoD, Department 
of Defense Education Activity (DoDEA), and 
DDESS Issuances 13
Sec. 8. Representation of Committees 14 
Sec. 9. Release of Association Area Director 16 
Sec. 10. Release Time for Local Presidents 18 
Sec. 11. Official Time 20 
Sec. 12. Office Space and Equipment 24 
Sec. 13. Use of Facilities and Equipment 25 
Sec. 14. School Board Meetings 27 
Sec. 15. FEA At-Large Officers 28 
7 BARGAINING RIGHTS AND REQUIREMENTS 29 
Sec. 1. Impact and Implementation Bargaining 29 
Sec. 2. Mid-Term Bargaining 34 
Sec. 3. Bargaining Levels 34 
iii 

ARTICLE SUBJECT PAGE 
8 EMPLOYEE RIGHTS 37 
Sec. 1. Statutory Rights 37 
Sec. 2. Right to Representation 37 
Sec. 3. Official Personnel Files 38 
Sec. 4. Pay Records 40 
Sec. 5. Investigations 40 
Sec. 6. Telephone Access 41 
Sec. 7. Resignation and Retirement 41 
Sec. 8. Processing Paperwork upon the 
Death of an Employee 42 
Sec. 9. Providing Position Descriptions 42 
Sec. 10. Compensation Information 43 
Sec. 11. Parking 43 
Sec. 12. Providing Storage Space 43 
Sec. 13. Providing Access to Work and Storage Areas 44 
Sec. 14. Relocation of Equipment and Furniture 44 
Sec. 15. Staff Lounge 45 
Sec. 16. Dress and Appearance 45 
Sec. 17. Grades 45 
9 GENERAL ADMINISTRATION PROCEDURES 47 
Sec. 1. Assignment Due to Temporary Illness 
Or Injury 47 
Sec. 2. Voice and Tape Recordings 47 
Sec. 3. Probationary Employees 47 
Sec. 4. Unfair Labor Practices 48 
Sec. 5. Solicitation Activities 49 
Sec. 6. Sign-in / Sign-out 50 
10 ASSOCIATION AND DDESS COOPERATION 51 
Sec. 1. Providing Information 51 
Sec. 2. Partnership Committee (PC) 51 
Sec. 3. Communication 52 
11 HEALTH AND SAFETY 54 
Sec. 1. Safe and Healthy Working Conditions 54 
Sec. 2. Inspections 55 
Sec. 3. Safety Equipment and Apparel 56 
Sec. 4. Federal Employee Compensation Act / 
Workers’ Compensation 56
Sec. 5. Threats Against the Safety of the School 56 
Sec. 6. Emergency Procedures 57 
iv 

ARTICLE SUBJECT PAGE 
Sec. 7. Assistance with Recoupment of Lost or 
Damaged Property 58 
Sec. 8. Assistance If an Employee is Assaulted 58 
Sec. 9. Employee Assistance Program 59 
Sec. 10. Communication Devices in Classrooms 59 
Sec. 11. Hepatitis Vaccinations and Flu Shots 59 
12 STUDENT DISCIPLINE 60 
Sec. 1. Student Discipline 60 
Sec. 2. Student Discipline Policy 60 
13 PLACEMENT OF CHILDREN WITH DISABILITES 61 
Sec. 1. Policy 61 
Sec. 2. Training 61 
Sec. 3. Eligibility, Services, and Placement 61 
Sec. 4. Agency Consideration of Bargaining Unit 
Member Request for Placement of Student 
With Disabilities 62 
Sec. 5. Teacher Input 62 
Sec. 6. Pupil Teacher Ratio (Class Size) 63 
Sec. 7. Request for Assistance 63 
14 PROFESSIONAL MATTERS 64 
Sec. 1. Academic Freedom 64 
Sec. 2. Individually Developed Materials 64 
15 PERFORMANCE APPRAISAL SYSTEM 65 
Sec. 1. Objective 65 
Sec. 2. Application 65 
Sec. 3. Performance Appraisal Plan 65 
Sec. 4. Formal Observation Schedule 66 
Sec. 5. Appraisal 67 
Sec. 6. Assistance 68 
Sec. 7. Notice 69
Sec. 8. Removal Based on Unacceptable Performance 69 
Sec. 9. Association Assistance 70 
16 DUES ALLOTMENTS 71 
Sec. 1. Authority 71 
Sec. 2. Payroll Deduction 71 
Sec. 3. Association Responsibilities 72 
Sec. 4. Agency Responsibilities 73 
Sec. 5. Revocation of Dues-Withholding 74 
Sec. 6. Termination of Dues-Withholding Allotment 75 
v 

ARTICLE SUBJECT PAGE 
Sec. 7. Indemnification 75 
17 ORIENTATION AND CERTIFCATION 76 
Sec. 1. Orientation 76 
Sec. 2. Certification and Recertification 76 
Sec. 3. DDESS Uniform Certification 77 
18 HOURS OF WORK AND SCHEDULING 78 
Sec. 1. Workday 78 
Sec. 2. Personal Planning and Preparation 79 
Sec. 3. Work Year 80 
Sec. 4. Class Size 81 
Sec. 5. School Calendars 81 
Sec. 6. In-Service Programs and Staff Development 81 
19 PROFESSIONAL DEVELOPMENT 82 
Sec. 1. Training 82 
Sec. 2. Conference Attendance 82 
Sec. 3. Travel 83
20 PAY AND BENEFITS 85 
Sec. 1. Salary 85 
Sec. 2. Pay Year 85 
Sec. 3. Pay Setting 87 
Sec. 4. Procedures 89 
Sec. 5. Compensatory Time 89 
Sec. 6. Extracurricular Duty Assignments/Pay 91 
Sec. 7. Method of Payment 92 
Sec. 8. Summer School Pay 93 
21 LEAVE 94 
Sec. 1. General Provisions 94 
Sec. 2. Sick Leave 95 
Sec. 3. Personal Leave 97 
Sec. 4. Excused Leave 99 
Sec. 5. Leave Without Pay 100 
Sec. 6. Family and Medical Leave 101 
Sec. 7. Military Leave 101 
Sec. 8. Voluntary Leave Transfer Program 101 
Sec. 9. Emergency Leave Bank 101 
Sec. 10. Educational Leave 104 
Sec. 11. Jury Duty 106 
Sec. 12. Part-Time Employees 106 
vi

ARTICLE SUBJECT PAGE 
22 REASSIGNMENTS, VACANCIES AND TRANSFERS 107 
Sec. 1. Posting Notices 107 
Sec. 2. Reassignment 108 
Sec. 3. School Moves 112 
Sec. 4. Selection for Summer School 112 
23 REDUCTION IN FORCE 113 
Sec. 1. Definition 113 
Sec. 2. Exclusions 114 
Sec. 3. Notification to Association 114 
Sec. 4. Notification to Bargaining Unit Members 114 
Sec. 5. Competitive Area 115 
Sec. 6. Competitive Levels 115 
Sec. 7. Retention Register/Retention Priority 116 
Sec. 8. Placement Considerations 118 
Sec. 9. Placement Assistance 118 
Sec. 10. Salary Retention Provisions 119 
Sec. 11. Severance Pay 119 
Sec. 12. Assistance to Employees 120 
Sec. 13. Review of Records 120 
24 BASE CLOSURES 121 
25 DISCIPLINARY ACTIONS 122 
Sec. 1. Policy 122 
Sec. 2. Informal Disciplinary Actions 123 
Sec. 3. Formal Disciplinary Actions 123 
Sec. 4. Rights of Probationers 128 
Sec 5. Duty Status 128 
Sec. 6. Relationship to DDESS Instruction 128 
26 GRIEVANCE PROCEDURES 129 
Sec. 1. Purpose 129 
Sec. 2. Coverage 129 
Sec. 3. Representation 130 
Sec. 4. Procedures 131 
Sec. 5. Agency/Association Grievances 132 
Sec. 6. Alternative Dispute Resolution 133 
Sec. 7. General Provisions 134 
27 ARBITRATION 137 
Sec. 1. Invoking Arbitration 137 
Sec. 2. Selecting an Arbitrator 138 
Sec. 3. Issue 139 
vii 

ARTICLE SUBJECT PAGE 
Sec. 4. Arbitration Expense 139 
Sec. 5. Witnesses 140 
Sec. 6. Decision 141 
Sec. 7. Exceptions 141 
Sec. 8. Arbitrator’s Authority 141 
Sec. 9. Attorney’s Fees 142 
28 DEVELOPMENT OF NEW/SPECIAL PROGRAMS 143 
29 DURATION 144 
Sec. 1. Effective Date 144 
Sec. 2. Renewal 144 
SIGNATORIES 145 
viii 

ARTICLE 1 
PREAMBLE 
Section 1. Parties. Pursuant to the provisions set forth in Title 5, United 
States Code, Chapter 71, hereinafter referred to as the Civil Service 
Reform Act, the following Agreement is entered into between the 
Department of Defense (DOD) Domestic Dependent Elementary and 
Secondary Schools (DDESS), hereinafter referred to as the “Employer, 
Agency, Management, or DDESS,” and the Federal Education Association, 
Stateside Region, hereinafter referred to as the “Association, Exclusive 
Representative, or FEA-SR,” and collectively hereinafter referred to as the 
“Parties.” 
Section 2. Intent and Purpose. 
a. The intent and purpose of this Agreement is to comply with 5 
U.S.C. 7101, et seq., and to encourage and increase effective and 
harmonious work relationships between these two Parties. The Parties 
jointly affirm and declare that it is their mutual goal to provide a quality 
education for the children of the Department of Defense Domestic 
Dependent Elementary and Secondary Schools and to maintain high 
standards of personal performance. 
1 

b. The Parties hereto agree that this can best be accomplished 
through amicable discussion, mutual consideration of matters of interest to 
either party, the exchange of data and information pursuant to statutory 
requirements, the establishment of basic understandings relative to 
personnel policies and practices, and any other matters affecting other 
conditions of employment. 
Section 3. Public Policy. 
a. Whereas the Congress finds that experience in both private and 
public employment indicates that the statutory protection of the right of 
employees to organize, bargain collectively, and participate through labor 
organizations of their choosing in decisions which affect them, safeguards 
the public business, contributes to the effective conduct of public business, 
and facilitates and encourages the amicable settlements of disputes 
between employees and their employers involving conditions of 
employment. 
b. Whereas the Congress finds that the public interest demands the 
highest standards of employee performance and the continued 
development and implementation of modern and progressive work 
practices to facilitate and improve employee performance and the efficient 
accomplishment of the operations of the Government. 
2

c. Therefore, labor organizations and collective bargaining in the civil 
service are in the public interest. 
d. The Agency and the Association recognize that a professional 
educator’s responsibility is to serve the educational needs of the student; 
and the employee’s energies should, to the extent possible, be utilized to 
this end. 
3 

ARTICLE 2 
MISSION STATEMENT 
It is understood by and agreed between the Parties that the primary 
mission of DDESS is to provide to its students the highest quality of 
education possible within its resources. 
4

ARTICLE 3 
RECOGNITION 
Recognition of Exclusive Representative. 
a. The Agency hereby recognizes the Association as the exclusive 
bargaining agent and representative of all employees in the unit identified 
by FLRA Case Number WA-RP-90087, Certification of Consolidation of 
Units, dated April 11, 2000, and any other FEA-SR professional unit 
certified by FLRA subsequent to the date of this Agreement. 
b. The bargaining unit members of DDESS covered by this 
Agreement are located at the following local DDESS school districts: 
Camp Lejeune, North Carolina 
Dahlgren 
Fort Benning, Georgia 
Fort Bragg, North Carolina 
Fort Campbell, Kentucky 
Fort Jackson, South Carolina 
Fort Knox, Kentucky 
Fort Rucker, Alabama 
Fort Stewart, Georgia 
Guam (Andersen Air Force Base and Naval Installation) 
5 

Laurel Bay, South Carolina 
Maxwell Air Force Base, Alabama 
Quantico, Virginia 
Robins Air Force Base, Georgia 
West Point, New York 
c. Any successor unit certificate issued by the FLRA will 
automatically amend the unit description contained in (a) and (b) above. 
The Parties will, however, engage in bargaining on the following issues for 
any new DDESS school(s) and/or district(s) which may be added to the 
unit: pay and official time. 
d. The representation certificate identified in section 1. a. of this 
Article is attached at Appendix A. 
6

ARTICLE 4 
CONDITIONS OF THE AGREEMENT 
Section 1. Laws, Regulations, Policies, and Prior Agreements. 
a. It is understood and agreed by the Parties that in the 
administration of all matters covered by this Agreement, except as 
otherwise specifically provided for within this Agreement, the Agency, the 
Association, and the Agency’s employees are governed by applicable laws 
and regulations. 
b. The Parties also agree that all prior agreements, memorandums 
of understanding, letters of clarification, grievance resolution, and third 
party decisions which ruled on interpretation of contract provisions, 
executed between 5 July 1999 and the effective date of this agreement, 
remain in full force and effect throughout the life of the Master Labor 
Agreement unless superseded by this Memorandum of Agreement. This 
language is not intended to be read as extinguishing other agreement(s), 
letter(s), grievance resolution(s), or the like that are not superseded by the 
Agreement. To the extent a conflict arises between any language of the 
Master Labor Agreement and any language of a prior document as 
described above, the language of the Master Labor Agreement will prevail. 
7

Section 2. Distribution of Agreement. 
a. Further, the Parties agree that the Agency will re-print the Master 
Labor Agreement with all amendments, changes, and modified provisions. 
The Agency will distribute the reprinted Master Labor Agreement in paper 
or compact disk form to bargaining unit members and provide the FEA-SR 
Area Director fifty (50) paper copies of the reprinted Master Labor 
Agreement. The Agency also agrees that it will post the reprinted 
Agreement on an appropriate DDESS website. Upon reprinting and 
distribution of the Master Labor Agreement, the previous version will be 
rescinded; however, the rescinded version will be applied in adjudication of 
any grievance or third party proceeding, regarding any dispute over 
provisions of the previous version, which has been initiated through the 
negotiated grievance procedure prior to the effective date of this 
agreement. 
b. Whenever an addendum to this Agreement is adopted by the 
Parties, a copy of the addendum will be provided to each bargaining unit 
member as soon as possible after reaching the Agreement. The addendum 
will then be added to the Agreement, and each copy provided thereafter will 
include a copy of the addendum. 
8

ARTICLE 5 
AGENCY RIGHTS 
Statutory Rights. The Parties expressly agree that the Agency retains the 
right to: 
1. Determine the mission, budget, organization, number of 
employees, and internal security practices of the Agency; 
2. In accordance with applicable laws: 
(a) Hire, assign, direct, layoff, and retain employees, or to 
suspend, remove, or reduce in grade or pay, or take other disciplinary 
actions against employees; 
(b) Assign work, to make determinations with respect to 
contracting out, and to determine the personnel by which Agency 
operations shall be conducted; 
(c) With respect to filling positions to make selections for 
appointments from: 
(1) among properly ranked and certified candidates for 
promotion; or 
(2) any other appropriate source. 
(d) Take whatever actions may be necessary to carry out the 
Agency’s mission during emergencies. 
9

ARTICLE 6 
ASSOCIATION RIGHTS 
Section 1. Exclusive Representative. The Association is recognized as 
the exclusive representative of the employees in the unit described in 
Article 3 and is entitled to act for and negotiate collective bargaining 
agreements covering all employees in the unit. The Association shall 
represent the interests of all employees in the unit pursuant to 5 U.S.C. § 
7114(a)(1). The Association retains all bargaining rights provided under 
Chapter 71 of Title 5. 
Section 2. Weingarten Rights. 
a. The Association shall be given the opportunity to be present at 
any examination of a unit employee by a representative of the Agency 
concerning an investigation if: 
(1) The employee reasonably believes that the examination may 
result in disciplinary action against the employee; 
and 
(2) The employee requests representation. 
b. The Agency shall inform unit employees of their Weingarten rights 
by posting a written notice, on bulletin boards at each school and by 
distributing said notice in either written or electronic form, to each individual 
unit employee during September of each school year. All new employees 
10

will receive like notice at the time of hiring. 
Section 3. Formal Discussion Rights. The Association shall be given the 
opportunity to be represented at any formal discussion (which may include, 
for example, committees, meetings, training, and/or groups) between one 
or more representative(s) of the Agency and one or more bargaining unit 
members or their representative(s) concerning any grievance, any 
personnel policy or practices, or other general conditions of employment. 
Whenever possible, prior to the Agency initiating any formal discussion 
involving resolution of grievance(s) or discussions of personnel policy, 
practices, or other general conditions of employment, the Association shall 
be given twenty-four (24) hours advance written notification. The Parties 
understand that the Association shall inform the Agency, before any 
meeting herein described, of the identity of the Association 
representative(s) who will attend the meeting. 
Section 4. Announcement of Association Officers. The Agency shall 
recognize the Association as the exclusive representative of its 
professional bargaining unit employees and, during the new teacher 
orientation and initial school district and school building faculty meetings of 
each new school year, shall announce the names of the elected and 
designated officials of the Association. 
11

Section 5. Announcements at Faculty Meetings and Orientations. 
a. The Association will be afforded the opportunity to make a 
presentation of not more than ten (10) minutes during the initial school 
district, and school building meeting, of each new school year, regardless 
of when the school district meeting is held. 
b. The Association will be afforded the opportunity to make 
announcements at any regularly scheduled school district and school 
faculty/staff meeting. 
c. The Association will also be afforded the opportunity to make a 
presentation of at least ten (10) minutes prior to the end of scheduled new 
employee formal orientations. 
Section 6. Notification of Agency Responsibilities. 
a. Each local DDESS school district will, within twenty (20) work- 
days of the beginning of each school year, provide the local Association 
President, each Faculty Representative Spokesperson or Building 
Representative, and the Association Area Director with a copy of the school 
district phone directory and the name and phone number of the managerial 
point of contact for the following issues and topics: Equal Employment 
Opportunity (EEO); employee pay; labor employee relations; employee 
benefits; leave; workers compensation; retirement; training; hiring; position 
classification; official travel; purchasing; supplies / equipment / technology; 
12

school building security; safety; building maintenance; and property 
accountability. 
b. Within twenty (20) workdays of the beginning of each school year, 
the Agency will provide to the Association Area Director a copy of the 
DDESS phone directory. 
Section 7. Association Access to DoD, Department of Defense 
Education Activity (DoDEA), and DDESS Issuances. 
a. The Agency shall provide to the Association General Counsel a 
current copy of “Unclassified DoD Issuances on CD-ROM” which contains 
all current DoD Directives and Instructions. 
b. The Agency shall provide to the Association General Counsel two 
copies of all current DDESS Directives, Instructions, and Policy Letters 
which apply to bargaining unit members, as well as all current DoDEA 
Directives, Instructions, and Policy Letters which apply to DDESS 
bargaining unit members. The Agency also agrees to maintain a copy of 
these Directives, Instructions, and Policy Letters to which all bargaining unit 
members (at each local school district) will have access. Updated changes 
will be provided as issued. 
c. The Agency also agrees to maintain at each local school district a 
set of current School Policies, as well as policies issued by the Superin- 
tendent, school principals, or any other management official, which apply to 
13

bargaining unit members. The above will be available for review to all 
bargaining unit members. The Agency also agrees to provide a copy of all 
school policies mentioned above to the Association General Counsel. 
Section 8. Representation on Committees. 
a. DDESS Level Committees Appointed by the DDESS Director 
(1) The Association shall be entitled to select its 
representatives(s) to be member(s) of each DDESS level 
committee that is composed of Agency representative(s) and 
bargaining unit member(s) and that discusses personnel 
policies, practices, and/or terms and conditions of 
employment. The Association will be entitled to a 
representative or an equal number of representatives, but not 
to exceed three, as Agency members on the committee, 
whichever is greater. Association representatives will be in a 
paid duty status while working on committee activities, when 
required by the Agency, regardless of the time of day or time 
of the year that the committee works. The Association 
representatives will be paid at their earned hourly rate. Travel 
expenses, including per diem, will be paid in accordance with 
the Joint Travel Regulations (JTR). 
14

(2) The Association shall also be entitled to nominate committee 
members who are to come from the bargaining unit. The 
bargaining unit members will be in a paid duty status while 
working on committee activities, when required by the Agency, 
regardless of the time of day or time of year that the 
committee works. The bargaining unit members will be paid 
at their earned hourly rate. Travel expenses, including per 
diem, will be paid in accordance with the JTR. 
b. Local School District and School Building Level Committees 
(1) The Association shall be entitled to select an Association 
representative to be a member of each local school district 
and school building level group or committee that is composed 
of Agency representative(s) and bargaining unit member(s) 
and that discusses personnel policies, practices, and/or 
working conditions. The Association representative will be in 
a paid duty status while working on committee activities, when 
such activities are required and approved by the Agency, 
regardless of the time of day or time of year that the 
committee works. The Association representative will be paid 
at his/her earned hourly rate. Travel expenses, including per 
diem, will be paid in accordance with the JTR. 
15

(2) The Association shall also be entitled to nominate committee 
member(s) who are to come from the bargaining unit. Such 
bargaining unit member(s) will be in a paid duty status while 
working on committee activities, when the activities are 
required and approved by the Agency, regardless of the time of 
day or time of the year that the committee works. Bargaining 
unit members will be paid at their earned hourly rate. Travel 
expenses, including per diem, will be paid in accordance with 
the JTR. 
Section 9. Release of Association Area Director. 
a. The Association is entitled to the release from duty of one 
bargaining unit member to act as Area Director. The bargaining unit 
member to act as Area Director will be determined by the Association. The 
following protocol will govern the Area Director’s employment: 
(1) While on release, the Area Director will receive his/her 
regular rate of pay for full-time (ten month) employment 
with DDESS. The Area Director will receive his/her pay 
over twenty-six pay periods. 
(2) While on release, the Area Director will receive all benefits 
of full-time employment with DDESS. These benefits 
16

include, but are not limited to, retirement credit, health 
benefits, savings plans, sick leave, and personal leave. 
(3) When official travel is required, as determined and 
approved by the DDESS Director, for the Area Director to 
meet with Agency officials, the Area Director will receive 
government travel orders. Travel expenses will be paid in 
accordance with the JTR. Additionally, the DDESS 
Director will annually provide a letter of introduction for the 
Area Director to use for travel to DDESS school districts 
described in Appendix A. The letter will request that on-
base field grade quarters be provided, if available. 
(4) A bargaining unit member released from duty to serve as 
Area Director under this section will be granted return rights 
to their former or similar position. 
b. In the event that Agency officials initiate a meeting during a recess 
period with the Area Director covering bargaining under 5 U.S.C. 7114, the 
Area Director will be paid at his/her earned hourly rate. 
c. The Agency will provide the FEA-SR Area Director a digital 
scanner for use in the performance of representational functions. 
17

Section 10. Release Time for Local Presidents. 
a. The Association is entitled to the release from duty of one local 
Association President at each of the below noted districts as listed: 
Fort Benning 
Fort Bragg 1/2 of each workday 
Fort Campbell to include lunch and 1/2 regular preparation time 
Fort Knox 
Camp Lejeune 
Guam 
Fort Stewart 1 day per week 
Fort Jackson to include lunch or 
Quantico 1/2 day twice a week 
Fort Rucker to include lunch and 1/2 regular preparation time 
Laurel Bay 
Maxwell 1/2 day per week 
West Point to include lunch and 1/2 regular preparation time 
Robins 
Dahlgren 
b. If the local Association President is a classroom teacher, then 
he/she will continue to be responsible for the following: report cards; 
grading and preparing lesson plans for subject area(s) he/she teaches; 
holding parent conferences as required; and other professional duties 
commensurate with his/her position. 
c. If the local Association President is not a classroom teacher, then 
he/she will continue to perform professional duties commensurate with 
18

his/her position; but those duties will be reduced in the same proportion as 
the release time described in section 10.a. 
d. In cases of special circumstances, i.e., natural disaster, 
standardized testing, end-of-course exams, parent conferences, field trips, 
field days, the local Association President may elect or be required to 
forego the official time period for a given day. 
e. The schedule of release will be determined by the Agency and the 
Association at the local level. 
f. The local Association President will be paid by DDESS at his/her 
regular rate of pay for full-time (ten month) employment and will receive all 
the benefits given for full-time employment with DDESS. 
g. When official travel is required to meet with Agency officials, the 
bargaining unit member released from duty will receive government travel 
orders. Travel expenses will be paid in accordance with the JTR. 
h. In the event that Agency officials initiate a meeting during a 
recess period covering bargaining under 5 U.S.C. 7114, the bargaining unit 
member will be paid at his/her earned hourly rate. 
i. The Agency recognizes the right of the Association to select or 
appoint its representatives for purposes of carrying out representational 
responsibilities. 
19

j. When a local Association President gives three (3) days advance 
notice of an absence for more than five (5) consecutive workdays for 
reasons described in Section 2.a. of Article 21 of the MLA (Sick Leave), the 
local Association President may designate another bargaining unit member 
to assume the responsibilities of the President starting on the first day of 
such leave, to include appropriate release time as specified above. 
k. When a local Association President gives three (3) days advance 
notice of an absence for more than five (5) consecutive workdays for 
reasons describe in Article 21, Section 4.a.(3) (Jury Duty), Section 4.a.(5) 
(Conference Attendance), or Section 7 (Military Leave), the local 
Association President may designate another bargaining unit member to 
assume the responsibilities of President starting on the third (3rd) day of 
such leave, to include appropriate release time as specified above. 
l. In applying these provisions, the Agency retains the right specified 
in Section 10.d. above. 
Section 11. Official Time. 
a. Official Time shall be defined as time granted to an Association 
representative to conduct official representational duties or other activities 
as provided in 5 U.S.C. 7131. Official time may not be used to conduct 
internal Association business. 
20

b. Bargaining units at DDESS school districts shall receive a bank of 
hours per school year to be used by Association officials and 
representatives for representational duties as follows: 
Fort Benning Dependents Schools 220 hours 
Fort Bragg Dependents Schools 220 hours 
Fort Campbell Dependents Schools 220 hours 
Fort Knox Community Schools 220 hours 
Camp Lejeune Dependents Schools 220 hours 
Guam DDESS District 220 hours 
Laurel Bay Schools 150 hours 
West Point School 150 hours 
Maxwell Elementary Dependents School 150 hours 
Robins Dependents Schools 150 hours 
Fort Stewart Dependents Schools 110 hours 
Fort Jackson Dependents Schools 110 hours 
Quantico Dependents Schools 110 hours 
Fort Rucker Dependents Schools 110 hours 
Dahlgren 110 hours 
These above-mentioned hours do not include official time provided by 
statute or regulation, or for Agency-initiated requests to meet with 
21

Association official(s). If mutually agreed upon, additional official time may 
be granted. 
c. Use of official time from the bank of hours shall normally be 
requested in writing two (2) workdays in advance utilizing the form at 
Appendix B. Any such time approved will be recorded on the same form. 
d. Up to thirty-two (32) hours of official time per school year from 
each respective bank of hours may be used by Association-designated 
bargaining unit members at all districts, except the DDESS Guam 
District, to attend Association Area Council meetings. Up to forty-eight 
(48) hours of official time per school year from the bank of hours may 
be used by Association-designated bargaining unit members at the 
DDESS Guam District to attend Association Area Council meetings. 
The hours authorized for attendance at Association Area Council 
meetings are in addition to the release time provided under Section 10. 
of Article 6. Bargaining unit member attendees will be provided 
temporary duty travel (TDY) orders, i.e., permissive TDY orders. This 
travel order will include appropriate statements that the travel is at no 
expense to the Government, that no per diem or other travel 
reimbursement is authorized, that the travel is at the employee’s 
request, and that no accounting citation is required. 
22

e. In addition to the official time authorized in Section 11.d. above 
for attendance at Association Area Council meetings, the FEA-SR Area 
Director may identify five (5) additional employees within DDESS who 
may attend each Area Council meeting up to a maximum of eighty (80) 
hours per Area Council meeting. No later than thirty (30) days prior to 
the date on which the release time for attendance will occur, the Area 
Director must give written notice to the DDESS Labor Relations 
Specialist(s) of which employees (to include the employee’s school and 
school district) have been identified to attend the Area Council meeting. 
Should any of the identified employees be unable to attend as planned, 
a substitute may be permitted to go in his/her place if notice of the need 
for attendance is provided to the DDESS Labor Relations Specialist(s) 
at least five (5) workdays in advance and the employee’s absence from 
the worksite is approved by the supervisor. 
f. Local Association Presidents who are on official time as 
described in Section 10 of this Article will perform duties as the elected 
local Association President in the office space provided by the Agency. 
Exceptions to this requirement would be attendance at meetings, 
scheduled meetings with the Agency officials, or other such 
requirements that necessitate the local Association President to be in 
23 

another location within the School District. 
g. When official time is requested and granted for short periods 
of time (less than two hours), the Superintendent and Local Association 
President may mutually agree at the local level that such release time 
will be used at an alternate location within the School District. 
h. Except for approved absences from the School District to 
attend Area Council meetings, training, or other events necessitating 
the Local President’s absence from the District, official time will occur 
within the School District, to include traveling between schools within 
the district. Any period of official time performed away from School 
District property (excluding travel between schools within the District) 
requires the notification/ approval of the Superintendent of the School 
District. 
Section 12. Office Space and Equipment. 
a. Each local Association will be provided office space with a 
desk, table, locking file cabinet, chairs, an Agency-standard computer 
with software, printer, fax machine, and a private telephone line with 
long distance capability, if feasible. In providing an Agency-standard 
computer with software, printer, and fax machine, the Agency agrees to 
include the local Association office on the schedule for periodic 
24

upgrades of office equipment (excluding furnishings) which is normally 
a three (3) to four (4) year cycle. Changes/upgrade of equipment will 
be scheduled with the local Association President. The Agency will, as 
far as possible, identify individuals who have access to the office space 
allocated for the Association’s use. 
b. The Agency agrees to pay the cost of installation for the 
telephone line; but all recurring operating costs, i.e., monthly long 
distance service, FAX and copy paper, etc., will be the responsibility of 
the Association. 
c. All furniture and equipment is for Association business and 
may not be removed from school premises without written authorization 
from the Agency. 
Section 13. Use of Facilities and Equipment. 
a. Upon written request, the Agency agrees to provide space in a 
school building for Association meetings after duty hours. Use of the 
space will be contingent upon availability and will not interfere with any 
school activities or community functions. The Association will be 
responsible for the security and physical condition of the space/facility 
used. 
b. The Association may use bargaining unit members’ mailboxes 
within each school for distribution of Association notices, bulletins, and 
25 

other informational materials to bargaining unit members. All such 
materials must be clearly identified as Association materials. 
c. The Agency shall also provide the local Association with a 
mailbox and/or distribution box identified for the exclusive use of the 
Association in each school and the school district office. The 
Association shall also have access to the school system’s distribution 
mail service. Any mail addressed to the Association and received at a 
school will be placed in the Association’s mailbox. 
d. The Association representative/designee shall be provided 
direct access to a copy machine (as designated by the Agency) in each 
school for use in official matters. The Association shall provide the 
paper used for such copying. 
e. The Association will be allowed use of up to one-half the space 
on existing bulletin boards located in teacher or faculty lounges or will 
be provided with a bulletin board in each school’s faculty lounge or 
other appropriate location. Such bulletin board space shall be for the 
exclusive use of the Association. 
f. Upon advance written notice, the Agency shall make 
reasonable effort to ensure that Association employees and officials are 
allowed access to military installations in order to conduct labor-
management or Association business. 
26

g. Upon written request by the Association, the Agency shall 
consider allowing the Association’s use of other school-level facilities, 
equipment, and/or services not otherwise specifically mentioned in this 
Agreement. 
Section 14. School Board Meetings. 
a. The Local Association President or designee will be permitted 
to attend all local district school board meetings, including regularly 
scheduled meetings and working group meetings. Executive session 
meetings may be closed under 10 U.S.C. 2164 (d)(6). The Local 
Association President/designee may submit items for placement on the 
agenda. The Local Association President/designee may participate in 
school board discussions of agenda items in accordance with local 
school board procedures. A copy of the agenda and the previous 
month’s minutes will be provided to the Local Association 
President/designee upon distribution to the school board. Official time 
will be provided if the meeting is held during the school day. 
b. A copy of all minutes of open meetings of the board will be 
posted in each school upon approval and distribution. 
c. These rights will apply to any future established school 
board(s). 
27 

d. If travel outside the commuting area is required for attendance 
at a school board meeting, the Local Association President, or 
designee, will receive reimbursement for travel expenses in accordance 
with the JTR. 
Section 15. FEA At-Large Officers. In the event an FEA At-Large 
Officer is elected from the DDESS professional bargaining unit, the 
bank of hours of official time identified for the district where that 
bargaining unit employee works (Section 11b of this Article) will be 
increased by 160 hours of official time for the school year(s) during 
which the employee holds the position of FEA At-Large Officer. The 
FEA At-Large Officer will be accorded up to a maximum of twenty (20) 
workdays (160 hours) of official time as needed to attend FEA Board 
meetings, workshops, training, and the like. Requests for official time 
for this purpose will be submitted, at least five (5) workdays in advance, 
to the Superintendent of the FEA At-Large Officer’s District on the form 
at Appendix B. Such requests for official time are subject to approval 
by the Superintendent. 
28

ARTICLE 7 
BARGAINING RIGHTS AND REQUIREMENTS 
Section 1. Impact and Implementation Bargaining. 
a. In the event that the Agency exercises its rights under 5 U.S.C. 
7106(a), the following rules shall apply: 
(1) For proposed changes which affect more than one 
District, the FEA-SR Area Director will be notified in writing of the proposed 
change(s), via certified mail, or hand-delivered with signed 
acknowledgment of receipt. For local School District or school building 
proposed change(s), the Local Association President will be notified in 
writing of the proposed action(s), via first class mail, or hand-delivered with 
signed acknowledgment of receipt; and a copy will be provided to the FEASR 
Area Director. All such written notification(s) will include a description 
of the proposed change(s) along with the Agency rationale for the 
change(s). The date of receipt for the certified mail, or the actual 
acknowledgment date in the case of personal delivery, will be the starting 
date for counting all future time requirements under this Article. 
(2) If requested, the Association and the Agency will discuss the 
details of the Agency’s proposed change(s). 
(3) For proposed change(s) which affect more than one 
29 

District, the FEA-SR Area Director will have thirty (30) calendar days to 
submit written proposal(s) to the Agency’s proposed change(s) to the office 
of the DDESS Director. For local School District or school building 
change(s), the Local Association President will have fifteen (15) calendar 
days to respond to the local Superintendent with any written proposal(s) to 
the proposed change(s). 
(4) Bargaining sessions will commence during the normal 
business day and at a place convenient to the Agency and the Association. 
Local School District bargaining will normally take place at the local School 
District as defined in Appendix N. Association representatives, at the 
DDESS or School District level, involved in bargaining (including 
reasonable preparation time) with the Agency, will be in a duty status and 
on official time for pay purposes, regardless of the time of the day or part of 
the calendar year. Bargaining on local School District and school building 
change(s) will commence not later than ten (10) calendar days after receipt 
of the Association’s proposal(s). Bargaining on proposed change(s), which 
affect more than one district, will commence not later than forty-five (45) 
calendar days after receipt of the Association’s proposal(s). 
(5) If, after proper notification of proposed change(s), the 
Association fails to respond with written proposal(s) during the time frames 
30

listed above, the Agency may implement its proposed change(s). 
(6) Impact and implementation bargaining, at all levels, 
may be accomplished through telephone, facsimile, video teleconferencing, 
etc., and/or person-to-person meetings. The Parties agree that bargaining 
unit members will be compensated for time spent in such bargaining in 
accordance with Section 1.a.(4) of Article 7. 
(7) If travel is required for the FEA-SR Area Director to 
engage in such bargaining, the Agency will issue a government travel 
order and pay travel expenses in accordance with the Joint Travel 
Regulations. 
b. The Agency recognizes the Association’s right to information 
under 5 U.S.C. 7114(b)(4). The Parties agree that all such requests for 
information by the Association will be in writing (per the format in Appendix 
C) and will articulate why the Association needs the requested information, 
including the uses to which the Association will put the information and the 
connection between those uses and the Association’s representational 
responsibilities. All such requests meeting the above-stated criteria will be 
processed by the Agency in ten (10) workdays. The Agency further agrees 
to provide to the Association, without charge and to the extent not 
prohibited by law, all such data and information normally maintained by the 
31 

Agency in the regular course of business, which are reasonably available 
and necessary for full and proper discussion, understanding, and 
negotiation of subjects within the scope of bargaining, and which do not 
constitute guidance, advice, counsel, or training provided for Agency 
officials or supervisors, relating to collective bargaining. If the Agency 
needs clarification of a request for information or needs to communicate 
countervailing anti-disclosure interests on employee privacy concerns, it 
will do so in writing. 
c. The Agency recognizes that the Association must be notified of all 
changes to personnel policies, practices, and/or terms and conditions of 
employment that impact bargaining unit members, prior to implementation, 
in accordance with Chapter 71 of Title 5. The obligation set forth above in 
the immediately preceding sentence includes, but is not limited to, the 
solicitation of volunteers and implementation of committee recommendations 
that constitute changes to personnel policies, practices, and/or terms 
and conditions of employment that impact bargaining unit members. 
d. The Parties further agree that the terms and conditions of 
employment in existence during School Year 2004-2005 will be the basis 
on which to determine in the future if a change has occurred or is being 
proposed by the Agency. However, the Parties agree that normally a 
change in conditions of employment does not include assignment of non32

preparatory duties and responsibilities typically and customarily associated 
with the position to which assigned. The Parties recognize that changes to 
the manner in which duties are assigned may constitute a change in 
conditions of employment which would create an obligation for notice and 
subsequent impact and implementation bargaining. 
e. When an Association representative(s) becomes aware that a 
change in the assignment of duties to professional bargaining unit 
members has occurred or is planned to occur which the Association 
believes rises to a level which should have created a bargaining obligation 
and the Agency has not provided notice of the change(s), the FEA-SR Area 
Director (or designee) will notify the assigned DDESS Labor Relations 
Specialist of the Association’s desire to meet and discuss the change. In 
an attempt to resolve the matter, appropriate DDESS official(s) and 
Association representative(s) will, within two (2) workdays of such 
notification, discuss the change(s); and DDESS agrees to consider the 
Association’s input in an attempt to resolve the matter. If, at the conclusion 
of the meeting between DDESS official(s) and the Association 
representative(s), the matter is not resolved to the Parties’ satisfaction, 
either party may pursue their respective contractual and/or statutory 
remedies. 
33 

f. Any impact and implementation bargaining already begun over any 
changes in conditions of employment on the date of the execution of this 
MOA will be allowed to continue. 
Section 2. Mid-Term Bargaining. The Parties agree that during the 
twelfth (12th) month of this Agreement that either side may propose 
bargaining over any DDESS-wide matter not reasonably covered by or 
contained in this Agreement. When mid-term bargaining is proposed, the 
following procedures will be followed: 
a. Initial bargaining requests will be sent via certified mail, return 
receipt requested, or hand-delivered with signed acknowledgment of 
receipt, to the DDESS Director; or, in the case of Agency-requested 
bargaining, to the Association Area Director. 
b. The initial bargaining requests will include proposals and a written 
explanation of the result desired by the proposals. 
c. All requests by the Association for information will follow the 
procedures set forth in Section 1.b. of this Article. 
d. Within thirty (30) days of receipt of the request to bargain, the 
Parties will meet to discuss ground rules and a subsequent schedule for 
the submission of counter-proposals and bargaining. 
Section 3. Bargaining Levels. 
a. DDESS Level Bargaining 
34 

(1) Issues that affect more than one DDESS school district will 
be bargained at the DDESS/Association’s regional level. 
(2) The Association and the Agency will determine the make- 
up of their own DDESS level bargaining teams. 
(3) The Association bargaining team will be in a paid duty 
status on official time during all bargaining, regardless of 
the time of day or part of the calendar year. Pay for all 
bargaining team members during bargaining will be at each 
individual bargaining team member’s earned hourly rate. 
b. Local School District Level Bargaining 
(1) Issues unique to a local school district, or individual school, 
will be bargained by the local Association and Agency 
representative(s). 
(2) The Association and the Agency will determine the make- 
up of their own local bargaining teams. Each local 
Association bargaining team will be made up of no less 
than two members. If the local Agency bargaining team 
exceeds two members, then the local Association 
bargaining team will be entitled to the same number as the 
local Agency team. 
35 

(3) The Association bargaining team will be in a paid duty 
status on official time during all bargaining, regardless of 
the time of day or part of the calendar year. Pay for all 
bargaining team members during bargaining will be at each 
individual bargaining team member’s earned hourly rate. 
(4) If applicable, all agreements reached will become binding 
on the District. 
36

ARTICLE 8 
EMPLOYEE RIGHTS 
Section 1. Statutory Rights. Each employee shall have the right to form, 
join, or assist any labor organization, or to refrain from such activity, freely 
and without fear of penalty or reprisal; and each employee shall be 
protected in the exercise of such right. 
Section 2. Right to Representation. 
a. Employees of the unit have the right, regardless of Association 
membership, to bring matters of personal concern to the attention of 
appropriate Agency officials, with or without assistance from Association 
officials. 
b. When filing a complaint or appeal under any system other than the 
negotiated grievance procedure, employees shall have the right to be 
represented by a representative of their own choosing. 
c. Each employee may seek assistance from his/her Association 
representative at any time during the duty day when neither is involved in 
assigned duties. 
d. If a member needs immediate assistance from an Association 
representative during instructional time, the employee shall contact the 
school principal; and if the principal determines that work conditions permit, 
37 

the employee and the Association representative will be released and 
provided coverage for their responsibilities. The Association representative 
will be required to complete an official time request form (Appendix B) and 
have it approved by the appropriate management official. 
e. Nothing in this Agreement shall require an employee to become or 
to remain a member of the Association or to pay money to the Association 
except pursuant to a voluntary, written authorization by a member for the 
payment of dues through payroll deductions. 
Section 3. Official Personnel Files. 
a. Only documents or data authorized by Office of Personnel 
Management (OPM) regulations shall be retained in the employee’s Official 
Personnel File (OPF). Only one OPF shall be kept for each unit member, 
and it shall be maintained at the servicing personnel office. Upon written 
request, a copy of the OPF will be furnished to the employee. 
b. In addition to the OPF, the Agency reserves the right to maintain 
employee file(s) at the DDESS Headquarters, DoDEA Personnel Center, 
local school district, and/or supervisory levels. Upon written request, the 
Agency will notify the employee of all files retained on said employee. 
Employees will have access to, and are authorized to make copies of, 
documents in their employee file(s) as provided by applicable law, rule, or 
regulation. 
38

c. Information contained in the OPF or any employee file(s) will be 
made available to authorized persons only for official use as provided by 
applicable law, rule, or regulation. 
d. An employee has the right to request in writing that a document(s) 
be removed from his/her employee file. The Agency will respond 
expeditiously in writing to any such requests. 
e. Records of admonishments and letters of caution, warning or 
requirement, shall not be placed in the employee’s OPF. Letters of 
reprimand, and any response(s) thereto, shall be removed from the 
employee’s OPF not later than two years from the date of the letter of 
reprimand, but may be removed earlier at the supervisor’s discretion. 
f. Unless otherwise required by law, rule, or regulation, Agency 
officials will not initiate or respond to a request for information about a unit 
employee, or former unit employee, from a prospective non-Federal 
employer and/or educational/professional certifying agency unless the 
employee has submitted a signed release. Absent a requirement under 
law, rule, or regulation, or a signed release from the employee, the Agency 
will only provide the following information: name; position(s) held; annual 
salary; and period(s) of employment. 
39 

Section 4. Pay Records. 
a. In the event that a unit employee’s paycheck is not received on 
the established payday, upon the unit employee’s request, the Agency will 
request from the servicing finance office that a replacement check be 
issued as soon as possible. The Agency agrees to pay interest on any pay 
received more than thirty (30) days beyond its due date as provided by law, 
rule, or regulation. 
b. Unit employees are encouraged, but not required, to maintain 
official documents they receive related to pay and leave and to carry such 
documents with them when they are transferred or reassigned. 
c. When the finance records of a unit employee are lost, destroyed, 
or delayed in conjunction with a reassignment or transfer, the Agency 
agrees to accept the unit employee’s most recent “Leave and Earnings” 
statement or Standard Form 50, Notification of Personnel Action, as 
evidence of the proper basis for payment until the actual pay records have 
been reconstructed or received. 
Section 5. Investigations. If a unit employee is to be served with a 
warrant or subpoena or is to be interviewed in connection with an 
investigation while at school, the Agency shall make reasonable efforts to 
ensure that such activity is done in private without the knowledge of other 
employees or students. 
40

Section 6. Telephone Access. 
a. The Agency shall make every reasonable effort to ensure that 
bargaining unit members responsible for confidential information, other 
than classroom teachers, will be provided a telephone in their office or work 
areas. If the bargaining unit member is a teacher, then, where possible, 
the Agency shall make reasonable effort to ensure that members have a 
telephone in their respective classrooms. The Agency shall also make 
reasonable efforts to ensure that unit employees have privacy on the 
school site for making necessary phone calls to parents of students, 
personnel offices, school administration offices, military offices, and other 
Agency officials. 
b. Unit employees shall be authorized to make local or non-toll 
telephone calls for necessary personal business from government 
telephones. Such calls shall be kept to a minimum and should not interrupt 
classroom instruction or other assigned duties. 
Section 7. Resignation and Retirement. 
a. A unit employee is free to set the effective date of his/her 
resignation or retirement, except as otherwise provided by law, rule, or 
regulation. 
41 

b. The Agency will make available annual training on retirement for 
interested employees who are within five (5) years of their eligible 
retirement date. Other interested employees may attend if not otherwise 
engaged in instructional or assigned duties. 
Section 8. Processing Paperwork upon the Death of an Employee. 
The Agency shall ensure that appropriate personnel actions related to the 
death of a unit employee are processed expeditiously after receipt of a 
certified copy of the death certificate. 
Section 9. Providing Position Descriptions. 
a. Upon initial employment, and thereafter upon request, each 
bargaining unit member will be provided with a copy of his/her current 
position description. 
b. The Agency recognizes that the Association is entitled to bargain 
the impact and implementation of changes to position descriptions that 
change terms and conditions of employment in accordance with 5 U.S.C. 
Chapter 71. 
c. The Parties agree that, as of the date of execution of this contract, 
uniform position descriptions do not exist. Until uniform position descrip- 
tions are established by the Agency, position descriptions do not constitute 
personnel policies, practices, and/or terms and conditions of employment 
for bargaining unit members. 
42

Section 10. Compensation Information. 
a. Upon being hired, and thereafter at the beginning of each school 
year, each unit member will be provided an applicable salary schedule. 
b. Upon a bargaining unit member submitting a written request to the 
Agency within the first sixty (60) days of each new school year, the Agency 
will provide the unit member with a worksheet (Appendix D) explaining their 
salary breakdown for the year. If necessary, the worksheet will be updated 
and redistributed once during the year if the employee so requests in 
writing. The worksheet will reflect what the employee has earned by pay 
period compared with what the employee has received and the cumulative 
result of salary earned compared to salary paid. This information will allow 
employees to identify the pay period(s) in which salaries earned and paid 
are at a “break-even” point. 
Section 11. Parking. The Agency agrees to make reasonable effort to 
ensure that unit employees have accessible parking to the work site. 
Section 12. Providing Storage Space. Each unit member will be 
provided at least one locking storage area, i.e., cabinet, file cabinet, desk, 
closet, etc., for the storage of his/her personal belongings during the school 
day. Additionally, the Agency will make reasonable effort to provide 
43 

adequate storage space for employment-related supplies, materials, and 
equipment. 
Section 13. Providing Access to Work and Storage Areas. 
a. Access will be provided to facilities and equipment that are 
required in the performance of a bargaining unit member’s duties during 
normal school hours. 
b. The Agency will make reasonable effort to provide unit employees 
access to school facilities and equipment after normal duty hours and 
during all recess periods, where health, safety, and security concerns can 
be met. 
c. The Agency shall not open locked storage areas located in the unit 
employee’s work area unless the member has been given the opportunity 
to be present or has given written consent, except for emergencies that 
necessitate such action or situations which may endanger the health or 
safety of students or employees. 
Section 14. Relocation of Equipment and Furniture. 
a. The Agency will make reasonable efforts to ensure that unit 
members who must have unique materials or large equipment to 
adequately perform their duties (e.g., science, music, art) shall be assisted 
in the movement of these items and not be required to move them alone. 
44

b. Relocation of equipment, furniture, storage cabinets, and 
bookshelves located in the unit member’s work area, shall occur, if 
possible, when the employee is present. 
Section 15. Staff Lounge. The Agency will provide a minimum of one 
faculty lounge per school for use by bargaining unit members and other 
Agency staff. Where feasible, the lounge shall be furnished with a couch, 
chair, a table and chairs, a microwave, a refrigerator, a soda machine, and 
a telephone. The lounge will be maintained by the Agency. 
Section 16. Dress and Appearance. Unit employees are expected to 
comply with reasonable apparel and grooming standards that are derived 
from consideration of health, safety, and type of position occupied. Any 
prohibitions by supervisors on unit employee dress and appearance must 
be based on a clear showing that the prohibited appearance item 
contributes to an unsafe, non-productive, or disruptive work environment. 
Section 17. Grades. 
a. All unit members must utilize the grading system established 
within their respective schools. 
b. In the event that the grade(s) of a student are challenged, the 
employee will be provided with an opportunity to explain and justify the 
grade(s) assigned. 
45 

c. In the event that any grade is changed by the administration of the 
school, or the employee is directed by the administration to change the 
grade(s), the employee will be provided with a written statement from the 
Agency stating that the grade(s) was changed by the school administration. 
46

ARTICLE 9 
GENERAL ADMINISTRATION PROCEDURES 
Section 1. Assignment Due to Temporary Illness or Injury. A unit 
employee recuperating from an illness or an injury and temporarily unable 
to perform his/her full-time duties may submit a written request to his/her 
supervisor for a temporary assignment to limited duty. The employee has 
the responsibility to support his/her request with appropriate medical 
documentation as provided in 5 C.F.R. Part 339. The Agency shall 
consider granting such temporary assignment if supported by appropriate 
medical documentation, and a position to which the unit employee may be 
detailed is available. The Agency may also consider reasonably modifying 
the employee's current job, if appropriate. 
Section 2. Voice and Tape Recordings. The Parties agree that during 
any private conversation or meeting, attended by DDESS management 
official(s) and bargaining unit member(s), that no voice or tape recording 
will be made without the assent of all present. 
Section 3. Probationary Employees. 
a. Newly hired permanent employees must serve a continuous one-
year probationary period within the same DDESS school district. 
47 

b. Newly hired, rehired, and/or promoted permanent employees, with 
prior experience in the DDESS or DoDDS systems who have successfully 
completed a probationary period of at least one (1) year in a certified 
bargaining unit position, will not have to complete another probationary 
period. 
c. All newly hired permanent employees, including those serving a 
probationary period, will receive full benefits from the date of initial 
appointment in accordance with appropriate law, rule, and regulation. 
d. The Agency will utilize “Not to Exceed” (NTE) appointments in 
accordance with OPM regulations. If a bargaining unit member suc- 
cessfully completes two consecutive NTE appointments of at least 180 
calendar days each and if rehired in that school district, that person will 
serve no probationary period. 
Section 4. Unfair Labor Practices. 
a. At least fifteen (15) calendar days before filing an unfair labor 
practice charge with the Regional Office of the Federal Labor Relations 
Authority, the initiating party will identify clearly to the charged party the 
basis of the possible unfair labor practice charge and the circumstances 
surrounding it. 
48

b. During the fifteen (15) calendar-day period, the Parties may confer 
to discuss and attempt in good faith to settle any alleged violations of the 
Federal Service Labor Management Relations Statute that may become 
the basis of an unfair labor practice charge if not resolved informally. 
c. Excluded from the above procedures are allegations that, if filing 
were delayed, would result in substantial or irreparable harm to the filing 
party’s interest or property (e.g., those situations that would justify 
injunctive relief in a Federal Court) or would result in an untimely filing of 
the unfair labor practice charge. 
Section 5. Solicitation Activities. 
a. Although the Parties support DoD and Agency-authorized savings 
bond and other charitable activities, no employee(s) will be coerced by the 
Agency to participate in or contribute to any savings bond or charitable 
activity. 
b. Employees may not engage in non-DoD or non-Agency 
authorized solicitation activities within the work site during duty hours. 
Employees may not utilize Agency-produced employee listings, rosters, or 
directories or utilize Agency records to produce such listings, rosters, or 
directories for the purpose of mailings (to include electronic transmissions) 
or solicitation of products or services. 
49 

Section 6. Sign-in / Sign-out. The Agency has determined that 
DDESS School Districts will not use general sign-in and sign-out 
requirements for bargaining unit members. However, individual sign-in and 
sign-out requirements may be used, at the discretion of the Superintendent 
and/or Principal, only for individual employees who have tardiness 
problems or who have left the work site early without permission. 
50

ARTICLE 10 
ASSOCIATION AND DDESS COOPERATION 
Section 1. Providing Information. 
a. By the end of the fourth week of the beginning of each school 
year, the Agency will provide the FEA-SR Area Director with a listing of 
bargaining unit members, organized by school district, containing each 
bargaining unit member’s name and job title. An update of the listing will 
be provided to the Association in February of each year. 
b. The Agency agrees to provide the FEA-SR Area Director 
a listing in September and February of each year of all employees in the 
bargaining unit who have separated, resigned, retired, or died. The Agency 
also agrees to provide a promotion list of all bargaining unit employees 
during September and February of each year. 
Section 2. Partnership Committee (PC). To promote and facilitate 
understanding and constructive relationships between the Association and 
the Agency, the DDESS Director and the Area Director, FEA-SR, will meet 
periodically to discuss matters of mutual concern to include labor relations 
training for bargaining unit members. 
51 

Section 3. Communication. 
a. In the administration of this Agreement, channels of communication 
for both Parties shall normally be as follows: 
(1) Individual School Level - School Administrator and Faculty 
Representative Spokesperson (FRS). The Local 
Association President will notify management of the 
bargaining unit member within the individual school who 
represents the Association. 
(2) District Level - The district Superintendent or designee and 
the Local Association President or designee. 
(3) DESS Level - The DDESS Director or designee and the 
FEA-SR Area Director or designee. 
b. Every effort shall be made to resolve disputes involving the 
application or interpretation of this Agreement at the lowest possible 
organizational level prior to elevating the matter to the next higher level. 
c. The Association shall notify the Agency as soon as possible after 
this Agreement is signed of the names of the unit employees designated to 
represent the Association at the various levels. The Agency shall notify the 
Association as soon as possible after this Agreement is signed of the 
individuals’ names designated to represent the Agency at the various 
52

levels. Thereafter, the Parties at the appropriate level will notify each other 
in writing as soon as possible of any change of their respective 
representatives. 
53 

ARTICLE 11 
HEALTH AND SAFETY 
Section 1. Safe and Healthy Working Conditions. 
a. The Agency recognizes its responsibility to provide and maintain a 
safe and healthy work environment and to follow government guidelines 
regarding environmental conditions for Federal buildings. The Agency 
therefore commits to make reasonable efforts in this regard to contain 
asbestos and provide sanitary facilities, mold-free air, adequate lighting, 
ventilation, heating, air conditioning, and work areas free from pollutants 
and excessive noise levels. 
b. The Agency will make reasonable efforts to provide a work area 
free of weapons, explosive devices, and threatening behavior. 
c. The Agency will make reasonable efforts to establish channels of 
communication with officials of the host military department and to ensure 
that adequate support is provided to maintain a safe and healthy work 
environment. 
d. The Agency shall notify the Local Association President and 
appropriate Faculty Representative Spokesperson when the Agency 
becomes aware of health and safety problems in a school or schools. 
54

e. The Association commits to cooperating with the Agency to 
provide and maintain a safe and healthy work environment by making 
reasonable efforts to encourage employees to adhere to established safety 
regulations and to otherwise perform their respective duties in a safe 
manner. 
f. The Agency will train employees in appropriate safety matters. 
g. Employees will be alert to unsafe practices, equipment, or 
conditions, as well as environmental conditions, within their immediate 
areas that might represent suspected health hazards. If an employee 
observes a condition that a reasonable person would perceive as unsafe, 
the employee shall report same to his/her immediate supervisor. 
h. The Agency agrees to request the host base Industrial Hygiene 
Office to make determinations concerning bargaining unit member(s)’ 
exposure to chemical or physical hazards. If appropriate, the Industrial 
Hygiene Office will place the employee on medical surveillance, document 
the exposure and treatment in the employee’s medical record, and provide 
the employee a copy. 
Section 2. Inspections. The Agency shall request periodic inspections 
(but not less than bi-annually) by host military base officials for compliance 
55 

with health and safety requirements and identification of unsafe, 
unhealthful, or hazardous conditions. Copies of inspection reports will be 
furnished to the Local Association President. 
Section 3. Safety Equipment and Apparel. Protective clothing, devices, 
and safety equipment required by the Agency shall be furnished by the 
Agency and used by the employee. 
Section 4. Federal Employees Compensation Act / Workers’ 
Compensation. Work-related accidents or illness will be administered by 
the Agency under the Federal Employees Workers’ Compensation Act. 
FECA information and claim forms may be obtained from the servicing 
personnel Site Office. The Agency will post a copy of the current Workers’ 
Compensation guidelines on each official bulletin board and will update it 
when appropriate. 
Section 5. Threats Against the Safety of the School. 
a. The Agency shall notify the Local Association President of threats 
made to the safety or security of all district facilities where bargaining unit 
members are assigned, when and if such information is made available to 
the Agency for release by the host military service. 
b. In the event that any school building is evacuated in whole or in 
part by reason of any report or threat of damage thereto by bomb, fire, or 
56

other lethal instrument or incident, employees will not be required to 
participate in any search for such lethal or destructive instrument(s). 
Section 6. Emergency Procedures. 
a. When the Agency determines that conditions are so severe that 
students are unable to get to school, or that a late start or early dismissal 
hour for students is warranted, the Agency may cancel school, authorize 
use of excused leave by employees, or re-schedule the school day, as 
appropriate. The Agency will make reasonable effort to notify employees of 
cancellations or delays as early as possible. 
b. In the event school is closed more than two (2) days during the 
school year, the Agency may re-schedule the day(s) lost from non-
instructional days or extend the work year. 
c. In the event the school day is officially canceled by the Agency, 
employees may be required to report for duty. 
d. Employees will be paid their earned hourly rate for all days 
required to be made up beyond the work year requirements as described in 
Article 18. 
e. When an early dismissal hour is declared before the end of the 
school day due to adverse conditions, unit employees may be excused 
from duty at a time determined by the Agency after the students have been 
57 

dismissed for the day. 
Section 7. Assistance with Recoupment of Lost or Damaged Property. 
When a unit member suffers a loss or damage of personal items on 
school grounds or facilities, the Agency will refer the employee to the local 
office of the Staff Judge Advocate, Claims Section, for appropriate 
information and claims processing. 
Section 8. Assistance If an Employee is Assaulted. 
a. Management will make reasonable efforts to ensure the safety of 
its employees. 
b. Bargaining unit members shall report to their principal or other 
immediate supervisor cases of physical assault and/or verbal threats 
suffered by them in connection with their employment. 
c. When an employee’s absence arises out of assault or injury 
incurred in connection with his/her employment, the unit member shall be 
entitled to such compensation as provided for in 5 U.S.C. 8101 et seq. 
Section 9. Employee Assistance Program. 
a. The Agency shall notify unit employees annually of the existence 
of the Employee Assistance Program (EAP). 
b. If the Agency or affected employee feels that referral to the EAP is 
necessary, it shall be arranged as expeditiously as possible. 
58

Section 10. Communication Devices in Classrooms. Whenever 
possible, all instructional classrooms shall be equipped with some form of 
operable two-way intercommunication device for direct contact with the 
school office. 
Section 11. Hepatitis Vaccination and Flu Shots. 
a. Hepatitis B vaccinations shall be administered in compliance with 
the OSHA Bloodborne Standard 29 C.F.R. 1910.1030 and Universal 
Precautions published by the Center for Disease Control. Unit members 
who are not listed as “At Risk” may make written requests to their 
immediate supervisor to be included in the vaccinations; however, the 
Agency retains the right to approve or disapprove the request. 
b. The Agency will request the host military sponsor to make annual 
flu shots available for unit employees free of charge. 
59 

ARTICLE 12 
STUDENT DISCIPLINE 
Section 1. Student Discipline. The Association and the Agency agree 
that the maintenance of the appropriate standards of student discipline 
promotes an optimum learning environment. The Agency and unit 
employees are responsible for maintaining discipline in accordance with 
standards established by the Agency. The Agency shall provide support 
and assistance to unit employees in their efforts to maintain discipline. 
When there are instances of persistent and/or severe misbehavior, the 
Agency, if it deems it appropriate, will bring together family, community, 
school officials (including teachers), and any other appropriate individuals, 
including the unit commanding officer, in an effort to facilitate improvement 
in the student’s behavior. The Parties recognize that the final decision and 
responsibility concerning student discipline is retained by the Agency. 
Section 2. Student Discipline Policy. Each bargaining unit member is 
responsible for carrying out the Agency’s student discipline policy and shall 
be provided copies of the Agency’s policies, guidelines, and regulations 
concerning pupil behavior and discipline. 
60

ARTICLE 13 
PLACEMENT OF CHILDREN WITH DISABILITIES 
Section 1. Policy. Disabled students will be educated to the 
maximum extent appropriate with non-disabled students. The provision of 
special education and related services, including eligibility, placement 
decisions, and procedures, will be in accordance with DoD Instruction 
1342.12, “Provision of Early Intervention and Special Education Services to 
Eligible DoD Dependents." 
Section 2. Training. In-service training of general and special 
education instructional and support staff to effectively implement DoD 
Instruction 1342.12, “Provision of Early Intervention and Special Education 
Services to Eligible DoD Dependents,” will be provided to unit members by 
the Agency. 
Section 3. Eligibility, Services, and Placement. 
a. The Agency recognizes the importance of the regular classroom 
teacher’s input during the Case Study Committee (CSC) process. As such, 
one or more of the child’s regular classroom teachers, if appropriate, must 
participate in a CSC that determines a child’s eligibility for special 
education services. Additionally, one or more of the child’s regular 
61 

classroom teachers, if appropriate, must participate in a CSC that develops 
and/or reviews a child’s individualized education plan (IEP) and determines 
appropriate placement in the least restrictive environment. 
b. The Parties recognize that some IEPs may cause changes in 
conditions of employment necessitating impact and implementation 
bargaining in accordance with Chapter 71 of title 5, United States Code. 
The Parties recognize, however, that provision of special education 
services cannot be delayed pending completion of bargaining. As such, 
the Parties agree that, when bargaining is required, the required special 
education services will be provided to students; and any agreement 
subsequently reached through the bargaining process will be applied 
retroactively. 
Section 4. Agency Consideration of Bargaining Unit Member Request 
for Placement of Students with Disabilities. The placement of students 
with disabilities is at the discretion of the Agency and must be in 
accordance with a child’s IEP. However, at the end of the school year, the 
Agency will accept requests from teachers for placement of students with 
disabilities in their class for the following school year. 
Section 5. Teacher Input. As a member of the CSC, the teacher has an 
equal voice in determining the nature and delivery of services required to 
62

meet the goals and objectives of the student’s IEP. At any time, the 
teacher may request that the CSC be reconvened to review the services 
being provided and propose modifications to the IEP based on student 
progress in the class. 
Section 6. Pupil Teacher Ratio (Class Size). The Agency recognizes the 
need to take into consideration the number of students with disabilities and 
the severity of their disabilities when placing such students in regular 
classes. Consistent with the Agency’s resources, pupil-teacher ratios 
(class size) will reflect such consideration. 
Section 7. Request for Assistance. The Agency will consider requests 
for assistance, especially in cases of self-contained special education 
classrooms. 
63 

ARTICLE 14 
PROFESSIONAL MATTERS 
Section 1. Academic Freedom. The Parties acknowledge that the 
Agency determines the mission, basic educational policies, curriculum, and 
the overall academic development of students enrolled in the schools. Unit 
employees are free to develop their own plans of instruction and counseling 
subject to the guidelines and provisions for review established by the 
Agency. 
Section 2. Individually Developed Materials. 
a. Educational materials individually developed by the unit member 
on his/her own time using non-government materials are the property of the 
bargaining unit member and may be economically exploited subject to the 
Joint Ethics Regulation (JER) and other applicable Federal ethics rules and 
regulations. 
b. Bargaining unit members may always request an opinion from the 
Agency’s Designated Ethics Official regarding ownership and economic 
exploitation of individually-developed educational materials. 
64

ARTICLE 15 
PERFORMANCE APPRAISAL SYSTEM 
Section 1. Objective. The primary objectives of the DDESS performance 
appraisal system for bargaining unit members are improved instruction and 
educational services. 
Section 2. Application. DDESS professional bargaining unit employees 
covered by this Agreement shall receive performance appraisals per 
DoDEA Regulation 3000.1, “DoD DDESS Performance Appraisal Program 
for Teachers and Other Professional Bargaining Unit Members." Prior to 
amending this instruction, the Agency will first notify the Association and 
provide an opportunity to bargain in accordance with Chapter 71 of Title 5, 
United States Code. The Agency shall apply performance standards in 
such a manner that a competent employee can reasonably be expected to 
attain them. Employees shall be informed of the supervisors who will 
evaluate their performance. 
Section 3. Performance Appraisal Plan. The performance appraisal plan 
will include all of the recorded elements that set forth expected 
performance. The performance appraisal plan must include all: (1) critical 
elements, i.e., work assignments or responsibilities of such importance that 
65 

unacceptable performance on the element would result in a determination 
that an employee’s performance is unacceptable; and (2) performance 
standards, i.e., a description of the fully successful performance level for 
each element (critical and non-critical). The performance standards may 
include quality, quantity, timeliness, and manner of performance. Some 
performance standards may be non-applicable during the performance 
appraisal period. A copy of the performance appraisal plan (critical and 
non-critical elements and performance standards) shall be reviewed with, 
and furnished to, each employee. New elements and standards created for 
bargaining unit members after the execution of this Agreement will be 
bargained with the Association to the extent required by Chapter 71 of Title 
5. 
Section 4. Formal Observation Schedule. 
a. The Agency has determined that an appraiser may formally 
observe a probationary bargaining unit member in his or her primary duty a 
minimum of three (3) times in the school year. For employees hired prior to 
15 November of the school year, the first formal observation (to be held 
prior to the 1st of February in each school year) may be announced in 
advance, and a pre-observation conference may be held between the 
appraiser and the employee. Subsequent observations may or may not be 
66

announced. Formal observations may be followed within a five (5) school-
day period by a conference between the appraiser and the employee to 
communicate observation feedback. The employee may submit a written 
response within five (5) school days thereafter. 
b. The Agency has determined that an appraiser may formally 
observe other bargaining unit members a minimum of one (1) time per 
school year. Such observation(s) may or may not be announced in 
advance. Such formal observation(s) may be followed within a five (5) 
school-day period by a conference to communicate observation feedback. 
The employee may submit a written response within five (5) school days 
thereafter. 
Section 5. Appraisal. Appraisal results shall be used to: 
a. Recognize, acknowledge, and encourage excellence in employee 
performance; 
b. Document satisfactory employee performance in the assigned 
areas of responsibility; 
c. Identify areas in which the employee may need improvement; 
and/or 
d. Document performance judged to be unacceptable based on the 
performance appraisal plan. 
67 

Section 6. Assistance. 
a. In those instances where improvement is necessary, the Agency 
shall provide assistance to improve unacceptable performance prior to 
proposing any performance-based action (excluding reassignment). To this 
end, the Agency shall provide timely notice to the employee of unacceptable 
performance in one or more critical elements. The notice shall be provided 
in writing to the employee, and the employee will be provided a reasonable 
opportunity to improve performance. The notice will include: 
(1) The critical element(s) of the performance appraisal plan 
that is unacceptable, including description(s) of specific 
performance deficiency (or deficiencies); 
(2) Improvement(s) the employee must make to attain 
satisfactory performance; 
(3) The action(s) the Agency will take to help the employee 
improve; and 
(4) A reasonable time frame within which the employee has to 
improve the unacceptable performance prior to Agency 
action. 
b. While the performance improvement period requirements stated 
above in subparagraph a. are not applicable to probationary employees, 
68

the Agency may elect to utilize those, or other similar procedures, to assist 
probationary employees to improve their performance. 
Section 7. Notice. An employee whose removal is proposed under this
section is entitled to: 
a. Thirty (30) days advance written notice of the proposed action 
which identifies: 
(1) specific instances of unacceptable performance by the 
employee on which the proposed action is based; and 
(2) the critical elements of the employee’s position involved in 
each instance of unacceptable performance; 
b. A copy of the documentary evidence, if any, relied upon in 
proposing the action; 
c. Be represented by an attorney and/or other representative; 
d. A reasonable time to answer orally and in writing; and 
e. A written decision which, in the case of a removal under this 
section, specifies the instances of the employee’s unacceptable 
performance on which the removal is based and the employee’s rights 
under the appropriate grievance and/or appeal procedures. 
Section 8. Removal Based on Unacceptable Performance. Bargaining 
unit members may not be removed except for such just and sufficient cause 
69 

as will promote the efficiency of the service, unless appropriate 
administrative or judicial authority determines that Title 5, United States 
Code, Chapter 43, is applicable. The Agency may elect, at its discretion, 
other appropriate action in lieu of removal. 
Section 9. Association Assistance. The Parties recognize that, except 
for the initial supervisor/employee meeting at the beginning of the school 
year when the performance appraisal plan is reviewed, all subsequent 
performance meetings are generally not formal discussions to which the 
requirements of Section 3 of Article 6 are applicable. Nevertheless, the 
Agency recognizes that in many instances attendance of an employee’s 
Association representative may facilitate the meeting, contribute to 
improving the employee’s performance, and/or assist the employee in 
understanding the performance issues. As such, the Agency official may 
allow for the presence of an Association representative. 
70

ARTICLE 16 
DUES ALLOTMENTS 
Section 1. Authority. The employer shall deduct Association dues from 
the pay of all eligible employees who voluntarily authorize such deductions 
in accordance with the provisions set forth herein. 
Section 2. Payroll Deduction. Bargaining unit employees may have their 
Association dues deducted through payroll deduction provided: 
a. The employee is a member in good standing of the Association; 
b. The employee has completed an SF-1187, “Request for Payroll 
Deductions for Labor Organization Dues.” This form may be submitted and 
dues withheld at any time in accordance with Section 4. of this Article; 
c. The employee receives pay on the regularly scheduled paydays; 
and such pay is sufficient, after all deductions required by lawful authority, 
to cover the full amount of the dues allotment; and 
d. During any pay period in which there are insufficient funds in an 
employee’s paycheck to cover dues-withholding, no withholding will be 
deducted from that pay period. A list of employees having insufficient 
funds for dues-withholding purposes will be furnished to the FEA-SR Area 
Director. The Agency will not be responsible for collecting dues not 
withheld due to insufficient funds. 
71 

Section 3. Association Responsibilities. The Association agrees to: 
a. Notify the Defense Finance and Accounting Service (DFAS), or 
the servicing payroll office in writing of the amount of Association dues by 
September 15 and any changes in the dues amount thereafter; 
b. Notify the DFAS or servicing payroll office in writing of the name 
and address of the payee to whom the remittance check should be made; 
c. Provide the standard allotment forms, SF-1187, to unit members 
as requested; 
d. Forward any completed SF-1187 forms to the Local School 
System payroll technician. The Agency’s obligation to deduct dues does 
not commence until receipt of the employee’s completed SF-1187. Yearly 
SF-1187s are not required; 
e. Notify the designated DDESS Area Service Center Labor 
Relations Specialist promptly and in writing if an employee ceases to be a 
member in good standing; 
f. Assist the Agency in resolving any claims and disputes arising by 
reason of the Association’s actions relating to the amount of dues- 
withholding; and 
g. Reimburse the affected employee(s) when an excess amount of 
dues deduction is taken from an employee’s pay. 
72

Section 4. Agency Responsibilities. The Agency agrees to: 
a. Promptly process voluntary dues allotments in the amount certified 
by the Association; 
b. Withhold dues in equal amounts over fifteen (15) full pay periods 
beginning with the first paycheck after October 15. For all new requests for 
payroll deduction, if the SF-1187, “Request for Payroll Deductions for Labor 
Organization Dues,” is submitted by September 15, dues will be deducted 
in fifteen (15) full pay periods beginning with the first paycheck after 
October 15. If the SF-1187 is submitted after September 15, the dues 
deduction will begin the first full pay period after submission of the SF-1187 
but not earlier than October 15. If less than fifteen (15) full pay periods 
remain in the pay year after submission of the SF-1187, the Agency will 
collect the normal dues amount (1/15th of the total dues allotment amount) 
from each remaining full pay period. The Association will assume 
responsibility for collection from the employees of any dues amount not 
withheld as a result of there being less than 15 full pay periods in the pay 
year remaining after submission of the SF-1187; 
c. Transmit funds (remittance checks, electronic fund transfer, etc.) 
to the FEA Stateside Region for dues withheld for its account. The 
transmittal shall be made no later than ten (10) workdays following the day 
73 

that the related salaries were paid to the unit members. Such remittances 
will be made to the Association officer designated in writing by the FEA-SR 
Area Director of the Association. Remittances shall show the names of 
participating unit members, the DDESS local school District assigned, the 
amounts withheld, and the pay period from which deductions were made; 
d. Maintain SF-1188s (Cancellation of Payroll Deductions for Labor 
Organization Dues) and furnish the forms to unit members upon request; 
and 
e. Expeditiously correct government error in the dues-withholding 
process. Errors in remittance checks will be corrected and adjusted in a 
subsequent check. 
Section 5. Revocation of Dues-Withholding. Employees may revoke 
their dues-withholding by submitting an SF-1188 to the Local School 
System payroll technician, or servicing payroll office. After the initial one (1) 
year period of dues withholding, the Agency will honor any dues revocation 
submitted between August 15 and September 15 of each school year. 
Untimely-submitted dues revocation requests received by the Agency will 
be promptly returned to the employee. 
74

Section 6. Termination of Dues-Withholding Allotment. 
a. An allotment for an employee will be terminated at the end of the 
pay period during which an employee is separated from the Agency’s rolls 
through transfer, retirement, resignation, death, or for cause. Allotments for 
all employees will be automatically terminated in the event exclusive 
recognition is no longer accorded to the Association. 
b. In the event the Agency either improperly revokes or terminates 
dues-withholding, the Agency will immediately restart the dues-withholding 
if any pay periods remain. If insufficient pay periods remain to cover the full 
amount of the dues withholding, the Agency agrees to pay only the amount 
of dues affected by the error. 
Section 7. Indemnification. The Association shall indemnify and hold the 
Agency harmless against any liability for actions taken by the Agency in 
reliance upon signed authorization cards or forms furnished by the 
Association for the purpose of payroll deduction of dues. 
75 

ARTICLE 17 
ORIENTATION AND CERTIFICATION 
Section 1. Orientation. The Agency will provide an orientation to all new 
bargaining unit members at the time of hire. During this orientation, the 
Agency will provide the member a copy of his/her position description, 
salary schedule, written notice of benefits, a copy of the Master Labor 
Agreement, and information concerning the employee’s performance 
appraisal. 
Section 2. Certification and Recertification. 
a. The Agency shall determine the requirements for certification and 
recertification for all unit employees. 
b. All employees are required to be certified at the time of hiring and 
recertified as appropriate. The Agency may elect to hire or place 
employees without proper certification, but this decision is non-grievable. 
c. The Agency shall require proof from all unit employees that they 
are in possession of a current, valid certificate. The Agency may initiate 
appropriate corrective action, including removal, when unit employees fail 
to meet certification requirements. 
d. The Agency will give the employee twelve (12) months’ advance 
written notification of recertification requirements. Such notification shall 
76

also advise employees that if recertification requirements are not 
accomplished in the stated time frame, they may be subject to removal. 
Section 3. DDESS Uniform Certification. Professional certification and 
recertification of professional bargaining unit members will be in 
compliance with DODEA Regulation 5000.9, “DODEA Educator Licensure 
Program,” and DDESS Policy Letter 04-010, “Certification of Education 
Professionals Assigned to DDESS.” 
77

ARTICLE 18 
HOURS OF WORK AND SCHEDULING 
Section 1. Workday. 
a. The school workday for bargaining unit members shall consist of 
seven and one-half (7 ½) hours including a minimum of a 30-minute duty- 
free lunch period. No compensatory time will be earned for loss of a duty- 
free lunch period. Unit employees are expected to perform additional 
preparation and professional tasks necessary for completion of their 
assigned work. This work may be performed either at or away from the 
work site. 
b. The workday for part-time bargaining unit members 
shall be established as needed to meet the needs of the Agency. Typically, 
a part-time employee scheduled to work more than four (4) hours per day 
will receive a 30-minute non-paid duty-free lunch period. 
c. In addition to the workday, bargaining unit members may be 
required to attend one (1) meeting per week up to one-half (1/2) hour past 
the workday without additional compensation and three (3) evening 
meeting/events per school year without additional compensation. 
78

Section 2. Personal Planning and Preparation. 
a. Each bargaining unit employee with instructional duties shall have 
a minimum of 225 minutes per work week (5 days) for personal planning 
and preparation purposes. 
b. The Parties agree that the intent of subsection a. above is that 
each full-time bargaining unit employee with instructional duties shall, to the 
maximum extent possible, have the personal planning and preparation 
(described in 2.a. above) during the instructional day. 
c. The loss of a personal planning period as a result of a change in 
the instructional day such as assemblies, field days, special events, 
ceremonies, field trips, early release for students, or emergencies (adverse 
weather, bomb threats, fire drills, installation-imposed threat conditions, 
and the like) will not be compensated. In addition, compensation will not be 
provided for Agency-directed loss of one (1) personal planning period for 
any one employee per instructional quarter. 
d. In the case of management-directed loss of personal planning 
periods beyond the conditions described in the two preceding sentences, 
the bargaining unit member will receive compensatory time in accordance 
with Article 20, Section 5. 
79

Section 3. Work Year. 
a. The work year will consist of 190 work days. The 190 days are to 
be allocated as follows: 
(1) 180 instructional days; and 
(2) 10 non-instructional days to be used for orientation, staff 
development, record keeping, and/or parent/teacher 
conferences. 
b. The Agency is free to assign additional workdays; any 
additional workdays for full-time bargaining unit members (with the 
exception of Summer School and Extended School Year Programs) will be 
seven and one-half (7½) hours with pay based upon an eight (8) hour day. 
When additional workdays are assigned, the bargaining unit employee will 
be compensated at his/her earned hourly rate of pay. 
c. The Agency is also free to assign additional work hours. When 
additional work hours are assigned, the bargaining unit employee will be 
compensated by the Agency at either the employee’s earned hourly rate 
or with compensatory time. 
d. The Agency agrees to make reasonable efforts to provide 
bargaining unit employees sufficient time to set up and close down their 
respective classrooms at the beginning and the end of the school year. 
80

However, the Agency reserves the right to assign duties on any particular 
day of the work year. 
Section 4. Class Size. 
a. The Agency retains the right to determine class size. 
b. Class-size determinations will be dependent on available 
resources as well as regional accreditation agency guidelines. 
c. The Parties recognize the importance of working toward nationally 
recognized standards for class sizes and that the achievement of those 
standards is a worthwhile goal. 
Section 5. School Calendars. 
a. The Agency agrees to consider local Association input prior to 
adopting a school calendar and bargain impact and implementation in 
accordance with Chapter 71 of Title 5. 
b. All unit employees will receive a copy of the respective school 
district-approved calendar. 
c. Five (5) days will be designated as potential make-up days on the 
school calendar in the event of missed instructional days. 
Section 6. In-Service Programs and Staff Development. The Agency 
agrees to meet and consult with the local Association when planning in-
service programs and staff development courses and bargain impact and 
implementation in accordance with Chapter 71 of Title 5. 
81

ARTICLE 19 
PROFESSIONAL DEVELOPMENT 
Section 1. Training. In cases where it is considered appropriate to hold 
workshops/in-service sessions/training on a school-wide or District-wide 
basis, the Agency will inform the local Association President regarding such 
training. The Parties agree that the terms “school-wide” and “District-wide” 
include training involving all employees occupying a given type of position, 
i.e., all third grade teachers, all special education teachers, all nurses, etc. 
Section 2. Conference Attendance. 
a. The Agency shall consider all requests for attendance at 
educational classes, professional conferences, seminars, workshops, 
conventions, and professional in-service training sessions for individual 
development which benefit the Agency. The Agency may pay all or part 
of the bargaining unit employee’s expenses at the discretion of the Agency 
in accordance with the Joint Travel Regulations (JTR). 
b. Upon notification of available conference(s), the Agency will 
advise the Association and the unit members of the conference(s) along 
with the date(s) and time(s). The Association and/or individual bargaining 
unit employees may inform the Agency of available conferences as well 
and receive the same consideration. 
82

c. All bargaining unit employees who desire to attend a conference 
shall submit requests to their respective principal or supervisor. Upon 
endorsement by the principal or supervisor, the Superintendent or designee 
may approve requests for conference attendance based upon the needs 
and resources of the Agency. 
d. Excused leave, in accordance with Article 21, may be granted for 
conference attendance at the discretion of the Agency. 
e. Upon prior written approval, for the purposes of professional 
development, employees may be permitted to visit other educational 
institutions, businesses / government agencies, or places of historical 
interest, deemed by the Agency to be of exceptional educational value in 
connection with their teaching position. 
Section 3. Travel. The Agency shall abide by requirements outlined in 
Volume II of the Joint Travel Regulations when employees are approved in 
advance to attend educational classes, seminars, workshops, conventions, 
professional conferences, and other professional in-service training ses- 
sions for individual development at government or personal expense. 
83 

Accordingly, employees may, with the advance approval of the Agency, 
be placed on permissive travel orders to attend such sessions at the 
employee’s expense. 
84

ARTICLE 20 
PAY AND BENEFITS 
Section 1. Salary. Association members will be paid for School Year 
2005-2006 according to the salary schedules at Appendix F. In any 
subsequent school year covered by this Agreement, the pay schedules 
contained in Appendix F will be increased by three (3) percent. 
Section 2. Pay Year. 
a. For School Year 2005-2006, the pay year will begin on 
26 June 2005 and extend for 26 full bi-weekly pay periods through 24 June 
2006. For School Year 2006-2007, the pay year will begin on 25 June 
2006 and extend for 27 full bi-weekly pay periods through 7 July 2007. For 
School Year 2007-2008, the pay year will begin on 8 July 2007 and extend 
for 26 full bi-weekly pay periods through 5 July 2008. For School Year 
2008-2009, the pay year will begin on 6 July 2008 and extend for 26 full biweekly 
pay periods through 4 July 2009. 
b. For any subsequent pay years which may be covered by this 
agreement, the pay year will begin the first day of the first pay period 
following completion of the previous pay year and extend for 26 full biweekly 
pay periods. 
85 

c. The 3% annual increase will be effective on the first day 
of each pay year. 
d. Steps 1 through 29 of the salary schedules are annual 
step increases payable upon completion of one (1) year of service in the 
prior step. For both full-time and part-time employees, step increases will 
be effective the first day of each pay year. 
(1) For full-time employees a year of service is defined as no 
fewer than 120 work days. 
(2) For part-time employees, a year of service is defined as a 
minimum of 900 hours in a pay status at the prior step. Hours 
in a pay status are cumulative and will be tracked from pay 
year to pay year until the bargaining unit member completes 
the required 900 hours required for advancement to the next 
step. An employee may, after completion of 900 hours, submit 
a written request that their pay be set at the next pay step. 
Upon receipt of the written request, the Agency will verify if the 
data is correct, then process the action making the effective 
date the next pay period following submission of the request. If 
no written request is submitted, the step increase will become 
effective at the start of the next school year. 
86

(3) Once a bargaining unit member advances to the next step, 
he/she must be in a pay status a minimum of 900 hours at the 
new step prior to being eligible for advancement to the next 
step. 
Section 3. Pay Setting. 
a. Prior experience for pay setting purposes will be accorded 
for the life of the MLA as reflected on the matrix at Appendix E. 
b. Pay setting for bargaining unit members hired prior to 4 July 1999 
will be in accordance with Section 3.a. of Article 20 of the original Master 
Labor Agreement, and quarter hours earned prior to 4 July 1999 will be 
treated as equivalent to semester hours. 
c. Bargaining unit employees hired after 4 July 1999 will 
have their pay set according to the following: 
(1) Employees will be placed in the pay lane commensurate with 
degree, or degree plus semester hours (or equivalent quarter 
hours), earned from a regionally accredited college or 
university. (Quarter hours earned prior to 4 July 1999 will be 
treated as equivalent to semester hours). 
(2) Pay will then be set according to their years of experience as 
follows: Credit for all years of previous DoDEA (DODDS and 
87 

DDESS) or other creditable Federal civilian teaching 
experience, plus credit for a maximum of five (5) years of non-
federal teaching experience. 
d. All bargaining unit employees will receive pay lane adjustments as 
follows: 
(1) Pay lane adjustments will be made upon receipt by the 
Agency of an official copy of a transcript indicating course work 
completion or award of an advanced degree from a regionally 
accredited college or university. If the college or university 
does not identify the date course work was completed, 
bargaining unit employees may provide official grade reports or 
other appropriate official documentation from the college or 
university in conjunction with the transcript to establish the date 
on which course hours were completed. 
(2) Pay lane adjustments based upon completion of “degree plus 
hours” means semester hours. Quarter hours will be 
converted to semester hours on a 3 to 5 basis (i.e., 3 
semester hours equals 5 quarter hours). 
(3) Pay lane changes will be retroactive for pay purposes 
88

to the beginning of the pay period following receipt of a 
transcript reflecting award of the degree or completion of 
coursework, provided the employee submits the request for 
pay lane change within one-hundred twenty (120) days of 
award of the degree or completion of the coursework. If the 
employee does not submit the request for pay lane change 
and supporting transcript(s) within this time period, the pay 
lane change shall be effective at the beginning of the pay 
period following submission. 
Section 4. Procedures. Pay and benefits shall be provided in 
accordance with the payroll and leave accounting procedures set out in 
Department of Defense Financial Management Regulation, Volume 8, 
“Civilian Pay, Policy and Procedures.” 
Section 5. Compensatory Time. 
a. Employees will not receive multiple forms of compensation for the 
same period of work, i.e., not receive both basic pay and compensatory 
time for the same period of work, not receive compensatory time and 
additional payment at earned hourly rate for the same period of work, not 
receive compensatory time and EDA payment for the same period of work, 
etc. 
89 

b. Employees normally must use time before the end of the school 
year in which it was earned. 
(1) If the employee fails to request to use the compensatory time 
within the established time frame, the compensatory time will 
be forfeited; and compensation for the compensatory time will 
not be paid. 
(2) If the employee requests to use the compensatory time within 
the established time frame and the request was denied due to 
work requirements, the employee may be compensated at a 
rate of twenty-five (25) percent above the employee’s 
basic/earned rate of pay. 
c. When compensatory time is earned after 1 April of each school 
year and cannot be used due to work requirements prior to the end of the 
school year in which earned, the employee may request such 
compensatory time be carried over to the following school year. If the 
employee fails to request to use the compensatory time within the 
established time frame, the compensatory time will be forfeited; and 
compensation for the compensatory time will not be paid. If the employee 
requests to use the compensatory time within the established time frame 
and the request was denied due to work requirements, the employee may 
90

be compensated at a rate of twenty-five (25) percent above the employee’s 
basic/earned rate of pay. 
Section 6. Extracurricular Duty Assignments/Pay. 
a. Extracurricular duty assignments shall be open to all bargaining 
unit employees. 
b. School year or seasonal extracurricular assignments will be made 
on a fair and equitable basis. The Agency will post a list of all 
extracurricular activities which shall include the following information: 
(1) The specific assignment; 
(2) The amount of compensation; 
(3) The closing date for receipt of applications; and 
(4) The approximate date selections will be made. 
c. An employee may submit a recommendation for an unlisted 
extracurricular activity to his/her supervisor. The Agency, at its discretion, 
will decide whether to approve the activity. The DDESS Director, or 
designee, and the Association Area Director will then determine the rate of 
compensation at which the extracurricular activity will be paid. 
d. An employee selected to perform an extracurricular activity will 
execute the Agreement attached as Appendix G. 
91 

e. Compensation for performing extracurricular activities will be 
processed following completion of the activity, will be in accordance with 
the schedule attached as Appendix H, and will be paid in a single payment. 
Upon receipt of notification from an employee that an extracurricular activity 
has been completed, the supervisor will promptly verify whether the 
employee has satisfactorily completed the extracurricular activity. If verified, 
the supervisor will promptly initiate required action to effect payment to the 
employee. 
Section 7. Method of Payment. 
a. All DDESS employees are required to participate in electronic fund 
transfer as the standard method of payment in accordance with the Debt 
Collection Improvement Act of 1996. 
b. All permanent DDESS employees will be paid over 26 pay 
periods. 
c. Temporary employees, who either began a temporary 
appointment by the first day of November of a given school year or who are 
on a temporary appointment from the previous school year and who are 
expected to continue employment throughout the entire school year, shall 
have their pay spread so that they are paid over the period of the school 
year. Temporary employees who do not meet the above stated criteria will 
92

be paid at their earned hourly rate of pay and will not have their pay 
spread. 
Section 8. Summer School Pay. Bargaining unit members employed for 
summer school will be paid at their earned hourly rate and will receive their 
pay on a bi-weekly basis. 
93 

ARTICLE 21 
LEAVE 
Section 1. General Provisions. 
a. All leave will be front-loaded at the beginning of each school year 
for all bargaining unit employees. 
b. Management reserves the right to require all bargaining unit 
members to submit a completed SF-71 for all leave. 
c. Only employees in a pay status will accrue leave. The only 
exception to the preceding sentence will be for FEA At-Large Officers 
elected from the DDESS bargaining unit who use leave without pay to 
attend FEA Board meetings, workshops, training and the like, pursuant to 
Article 6, Section 15. 
d. When an employee who is indebted for unearned leave is 
separated, the Agency reserves the right to: 
(1) Require him/her to refund the amount paid for the period 
covering the leave for which he/she is indebted; or 
(2) Deduct that amount from any pay due. 
e. All leave for a full workday’s absence will be deducted 
based upon an eight (8) hour workday. Leave for less than a full workday’s 
absence will be deducted based upon actual hours absent from the work 
94 

site. When the lunch period is in conjunction with a partial workday’s 
absence, the amount of leave charged will exclude the lunch period. 
f. Sick and personal leave may be taken in fifteen (15) 
minute increments. 
g. Sick and personal leave will be front-loaded at the 
beginning of the school year for both full and part-time employees. 
Section 2. Sick Leave. 
a. Full-time employees shall earn twelve (12) days of sick 
leave per school year. Part-time employees and employees who work for 
less than the full school year shall accrue leave on a pro-rated basis. Sick 
leave shall accrue at the rate of 0.0632 hours for every one hour the 
employee is in a pay status during the school year, up to a maximum of 96 
hours of sick leave accrued per school year. Sick leave may be granted to 
employees on scheduled workdays for the following reasons: 
(1) When an employee is incapacitated and unable to perform 
his/her duties due to sickness, injury, or maternity; 
(2) For employee medical, dental, optical, or psychological 
examination or treatment; 
(3) When the employee is exposed to a contagious disease, as 
determined by the local health authorities, and the presence of 
95 

the employee in the workplace would jeopardize the health of 
co-workers or students; 
(4) Illness or death in the employee’s immediate family in 
accordance with 5 C.F.R. 630; 
(5) For other reasons authorized by 5 C.F.R. 630.401. 
b. A bargaining unit employee may be required by his/her supervisor 
to provide a physician’s statement, or an SF-71 completed by a physician, 
for any sick leave of more than four (4) consecutive days. This requirement 
is to encourage employees to seek medical treatment for illnesses requiring 
absence from work. If the Agency has reason to suspect abuse of sick 
leave, a physician’s statement or an SF-71 may be required for any period 
of absence. Sick leave may be accumulated from year-to-year and is 
transferable to other government agencies. 
c. Bargaining unit employees may be advanced up to a maximum of 
twelve (12) days or 96 hours of sick leave in any one pay year. 
Disapproval of requests for advanced sick leave may not be grieved under 
the provisions of Article 26 of this Agreement. Bargaining unit members, 
who at the beginning of a new pay year have a negative leave balance as a 
result of using advanced sick leave, will have their sick leave account 
adjusted to repay the amount of advanced leave. When a bargaining unit 
96 

member (who is indebted as a result of advanced sick leave) is separated, 
he/she is subject to the provisions for repayment specified in Section 1.d. 
above. 
d. Permanent and temporary employees who are re-employed will 
have their most recent sick leave balance re-credited upon receipt of 
documentation of their prior sick leave balance. Such sick leave will be re-
credited regardless of the Federal agency in which the sick leave was 
originally accrued and regardless of the length of the break in service. 
Section 3. Personal Leave. 
a. Each full-time bargaining unit employee shall earn 
three (3) days of personal leave to be used for any purpose and is never 
obligated to state the reason for requesting such leave. Personal leave will 
accrue at the rate of 0.0158 hours for every one hour the employee is in a 
pay status during the school year, up to a maximum of 24 hours of personal 
leave per school year. Each part-time bargaining unit employee and each 
employee who works less than the full school year shall earn the pro-rated 
amount of personal leave. 
b. Eleven (11) month employees and summer school 
employees shall earn an additional one-half (½) day of personal leave per 
year. Other bargaining unit employees who work a minimum of 10 
97 

additional work days (80 hours on additional work days) during a recess 
period per pay/leave year shall accrue additional personal leave at the rate 
of 0.0158 hours for every one hour the employee is in a pay status. 
c. Personal leave must be requested in advance by the 
employee and approved by the Agency. Employees are never required to 
state the reason for requesting such leave. Whenever possible, personal 
leave will be requested in writing at least two (2) days before the dates 
desired. Personal leave requested to be used on the day before or the day 
after a holiday or scheduled vacation day may be granted if the supervisor 
determines that it does not interfere with school operations. 
d. Personal leave may be accumulated from year-to-year, 
not to exceed six (6) days. Employees will not be compensated for unused 
personal leave. However, unused personal leave in excess of six (6) days 
will be converted to sick leave. At no time will a bargaining unit member’s 
personal leave balance exceed six (6) days. 
e. Bargaining unit employees may be advanced up to a maximum of 
three (3) days or 24 hours of personal leave in any one pay year. 
Disapproval of requests for advanced personal leave may not be grieved 
under the provisions of Article 26 of this Agreement. Bargaining unit 
members, who at the beginning of a new pay year have a negative leave 
98 

balance as a result of using advanced personal leave, will have their 
personal leave account adjusted to repay the amount of advanced leave. 
When a bargaining unit member (who is indebted as a result of advanced 
personal leave) is separated, he/she is subject to the provisions for 
repayment specified in Section 1.d. above. 
f. Permanent and temporary employees who are re-employed with 
less than a fifteen (15) month break in service will have their personal leave 
balance from the most recent prior period of employment re-credited upon 
receipt of the record of their prior personal leave balance. Such prior 
employment must have been within DDESS. Bargaining unit members 
who have personal leave re-credited will have their personal leave 
transferred to sick leave in instances where the total leave balance will 
exceed six (6) days. 
Section 4. Excused Leave. 
a. Excused leave may be granted at the discretion of the Agency to 
employees, with no charge to their personal leave accounts, for the 
following reasons: 
(1) Blood donations for which the employee is not 
compensated; 
99 

(2) Adverse weather conditions, acts of nature, military 
necessity, or other circumstances beyond the control of the 
Agency; 
(3) Jury duty; 
(4) Approved late arrivals or early departures not to exceed 
59 minutes; 
(5) Conference attendance; and 
(6) Other reasons as approved by the Agency. 
b. A supervisor may grant excused leave only on a non-reoccurring 
basis. 
Section 5. Leave Without Pay. Leave without pay may be granted, at the 
discretion of the Agency, to employees for the following reasons: 
a. Birth of a child of the employee and/or the care of a newborn, 
placement of a child with the employee for adoption or foster care, the care 
of a spouse, child, step-child, or parent of the employee for a serious health 
condition; 
b. Professional conferences and educational purposes as approved 
by the Agency; or 
c. Leave without pay may be authorized, at the discretion of the 
Agency, in circumstances other than those set out above. 
100 

Section 6. Family and Medical Leave. 
a. Leave under the Family and Medical Leave Act 
(FMLA) will be in accordance with applicable OPM and Agency 
regulations. 
b. Bargaining unit members should consult with their 
supervisor when requesting leave pursuant to FMLA. 
Section 7. Military Leave. Military leave, with pay, shall be 
granted to bargaining unit members who serve in the National Guard or 
Reserve components of the U.S. Armed Forces in accordance with 
governing statutes. 
Section 8. Voluntary Leave Transfer Program. The Agency will provide 
employees the opportunity to participate in the Voluntary Leave Transfer 
Program under 5 C.F.R. 630, Subpart I, and applicable Agency regulations 
(DDESS Instruction 1410.2). Sick leave, in addition to personal leave, may 
be donated under this program. 
Section 9. Emergency Leave Bank. 
a. An Emergency Leave Bank (ELB) will be established at each 
DDESS school district for use by all bargaining unit employees for medical 
emergencies, catastrophic illness, or injury experienced by the member. 
101 

All bargaining unit employees may join the bank by contributing at least one 
(1) sick or personal leave day and completing the form contained at 
Appendix I. The ELB may carry over all unused hours to the following 
school year. 
b. Participation in the ELB by bargaining unit employees will require 
donation of one (1) day of sick or personal leave during the first thirty (30) 
days of employment or upon open season as determined by the ELB 
Committee. At the need to replenish the ELB, employees may volunteer to 
contribute another day of leave to continue eligibility. 
c. An employee requesting days from the ELB must use the form 
contained in Appendix J. and have exhausted all leave which can be used 
for the nature of the emergency such that the employee is in a non-pay 
status. 
d. The ELB Committee will consist of one Agency official appointed 
by the Superintendent and two employees selected by the Local 
Association President. The ELB Committee will make decisions on all 
requests for leave from the ELB. The requestor will furnish a completed 
employee request form and a written physician’s statement, as contained in 
Appendix J, demonstrating the need for additional leave to cover a medical 
emergency. 
102 

e. A majority vote by the ELB Committee members approving the 
leave is required to grant leave from the ELB. Decisions by the ELB 
Committee are not subject to the grievance process. 
f. Any bargaining unit employee participating in the ELB will be 
limited to a withdrawal from the bank of up to a total of forty (40) work- 
days in succession. When an illness extends beyond forty (40) work- 
days, the bargaining unit member may re-apply to the ELB Committee 
for further consideration of additional leave. 
g. The ELB Committee will monitor the amount of leave remaining in 
the bank and shall afford the opportunity to all bargaining unit employees to 
voluntarily contribute to replenish the bank during an open season. 
h. Departing employees may donate up to forty-eight (48) 
hours of unused leave to the ELB. 
i. All donations of leave to the ELB are final when donated and 
cannot be restored to the employee. 
j. Unused leave donated prior to the effective date of this Agreement 
will be transferred to the ELBs established pursuant to section 9.a. above. 
k. The ELB Committee may elect to open one (1) window 
of two-weeks duration during each school year when employees who have 
previously not elected to participate in the ELB may choose to do so by 
103 

donating one (1) day of sick or personal leave to the bank. This two-week 
window is purely for the purpose of allowing employees who previously did 
not elect to participate in the ELB an opportunity to do so. Employees who 
previously elected to participate in the bank by donating one (1) day of sick 
or personal leave will not be required to donate another day of leave to 
continue eligibility to participate in the ELB, unless there is a need to 
replenish the ELB. 
Section 10. Educational Leave. 
a. Bargaining unit members may apply annually (subject to any 
additional criteria stated below) for any or all of the following Agency 
educational leave programs: 
(1) Yearlong Educational Leave at Half Pay; 
(2) Leave Without Pay (LWOP) for Educational Purposes; and 
(3) Administrative Reemployment Rights (ARR) Program. 
b. To be eligible for the Yearlong Educational Leave Program, an 
employee must be serving on a permanent appointment as a professional 
educator with three (3) years of consecutive service with the Agency. 
Those employees applying for the LWOP or ARR programs must be 
serving on permanent appointments and have completed five (5) years of 
104 

consecutive service with DDESS since their last period of educational 
LWOP or ARR. 
c. All selections for educational leave programs will be made by the 
DDESS Director or his/her designee. Any such decision is not grievable 
under Article 26 of this Agreement. 
d. Selections for all Agency educational leave programs will reflect 
the Agency’s system-wide needs and be tailored towards achieving the 
goals and benchmarks outlined in the Community Strategic Plan. 
Additionally, selections will reflect the Agency’s need for educators who are 
multi-qualified in several areas to provide necessary staffing flexibility in the 
smaller school districts. Accordingly, priority consideration will be given to 
educators who propose a course of study resulting in certification in 
another academic area. Nothing in this section is intended to prevent the 
Agency from changing its educational programs. 
e. Following completion of any of the Agency educational leave 
programs as described in Appendix K. bargaining unit members will be 
assigned to positions or duties within his or her previous school district in 
which they utilize the skills and knowledge acquired and can act as 
resource persons for in-service training. Any such assignments following 
105 

completion of the program are not grievable under Article 26 of the 
Agreement. 
f. All bargaining unit members who wish to apply for any of the 
Agency educational leave programs must complete an application/ 
agreement form as contained in Appendix K. Completed applications must 
be received at the DDESS Director’s Office not later than January 15th of 
each year for academic programs commencing the following fall. 
Section 11. Jury Duty. Leave for jury or witness service will be in 
accordance with 5 U.S.C. § 6322, and applicable OPM and Agency 
regulations. 
Section 12. Part-Time Employees. Part-time bargaining unit members 
shall earn sick and personal leave on a prorated basis. 
106 

ARTICLE 22 
REASSIGNMENTS, VACANCIES, AND TRANSFERS 
Section 1. Posting Notices. When the Agency is going to fill a 
vacant professional position, a written dated notice of the vacancy shall be 
issued. Employees who desire to be considered for a vacancy and who 
are certified and otherwise qualified for such a vacancy, shall submit a 
written request to their current and to the prospective supervisor. A vacant 
position occurs when a professional bargaining unit position is vacated by a 
bargaining unit member or when a new position is created. 
a. Vacancy notices are not required: 
(1) When the Agency elects not to fill a vacant position (as 
defined above); 
(2) When such vacancy is required for placement 
of an excess professional employee assigned to DDESS 
(either through Reduction-in-Force (RIF) procedures or to 
preclude the need for use of RIF procedures); or 
(3) When such vacancy is required for placement of an employee 
through a mandatory placement procedure or program such 
as the DoD Priority Placement Program. 
b. When vacant positions within the bargaining unit are to 
107 

be filled through RIF procedures, the FEA-SR Area Director will be 
provided notice of the vacant positions being used for that purpose. 
c. To ensure that professional bargaining unit employees 
can make informed decisions on whether to express interest in 
reassignment to vacant positions, all internal vacancy notices must, at a 
minimum, contain the date of vacancy announcement, identify the specific 
position to be filled by position title and type (i.e., grade, subject, or other 
identifying information), and identify the location of the position (i.e., school 
location). 
d. Vacancy notices shall be posted in appropriate locations 
throughout the DDESS School District. In addition, the vacancy notice 
shall be distributed, in either written or electronic form, to each individual 
unit employee and provided to the local Association President, in either 
written or electronic form. 
Section 2. Reassignment. 
a. Employees who desire a reassignment in a school, grade, and/or 
subject and who are certified and otherwise qualified for such a 
reassignment, shall submit a written intent form to their immediate 
supervisor. The Agency will give employees (requesting reassignment) 
consideration should the assignment become available. However, the 
108 

Agency retains full discretion to determine how a vacancy will be filled or 
who should be assigned to a position, based upon the needs of the 
Agency. Also, the Agency may, at its discretion, direct a reassignment of an 
employee. The reassignment may be from one school location to another 
or from one grade/subject area to another in the same district. 
b. When the Agency reassigns any unit member to a new room 
location, the employee will be given at least one (1) day advance notice 
except in the case of an emergency. 
c. Prior to the Agency involuntarily reassigning any unit m