ARTICLE 6: UNION REPRESENTATIVES AND OFFICIAL TIME

Official CBA pages 11-20

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ARTICLE 6: UNION REPRESENTATIVES AND OFFICIAL TIME

A. GENERAL PROVISIONS:

1. Upon request and approval, as detailed below, a reasonable period of official time will be

granted to bargaining unit employees elected or designated to serve as union

representatives to perform representational duties consistent with the Determination on

Transportation Security Officers and Collective Bargaining (Determination) (which

incorporates the provisions of 5 U.S.C. Chapter 71 as set forth in the Determination) and

the collective bargaining agreement.

2. The Parties understand union representatives will not suffer any loss of pay for use of

official time in accordance with the Determination (which incorporates the provisions of 5

U.S.C. Chapter 71 as set forth in the Determination), other applicable government rules

and regulations, and/or the collective bargaining agreement.

3. Union representatives on 100% official time will not perform any screening duties or any

technical proficiency assessments and their TSO certification may lapse.

a. The Union may not designate a bargaining unit employee for official time until the

bargaining unit employee has completed all initial certification requirements.

b. Because they will be performing union activities on a full-time basis and not be

performing any TSA duties, these bargaining unit employees will be presumed to have

attained the same performance level they earned in the most recent rating of record

which was not presumed.

c. Union representatives on 100% official time for the entire rating period will not be

eligible for awards for screening performance; however, they are eligible for other

awards.

d. When a union representative on 100% official time completes their full-time official

time service, they will be required to complete a return-to-duty training program and

pass certification testing, as determined by the Agency. The amount of time and level

of return-to-duty training and certification testing will be based on TSA Policy. Failure

to successfully complete the return-to-duty training and certification requirements may

result in removal from TSA.

4. When a representational activity is held at a particular time and/or official time is approved

for a representative, the Agency will make the necessary shift adjustments for the

participants to be on duty during the scheduled or requested date and time, subject to

operational needs.

5. Upon request and approval in advance, a reasonable period of leave without pay (LWOP)

will be granted to Council 100 and Local Officers for the purposes of carrying out Union-

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related duties. LWOP requests must be made in accordance with Article 17: Attendance

Management Process.

B. AUTHORIZED USES OF OFFICIAL TIME:

1. Union representatives will be authorized for, and may be approved subject to operational

needs and consistent with this Agreement, official time for representational duties

consistent with the Determination on Transportation Security Officers and Collective

Bargaining (Determination) (which incorporates the provisions of 5 U.S.C. Chapter 71 as

set forth in the Determination), including all matters relating to the administration of the

collective bargaining agreement, such as but not limited to:

a. Formal discussions, Weingarten rights, and New Hire Orientation as set forth in Article

5: Union Rights.

b. Investigating, preparing for, participating in, and representing employees in regard to:

i. discrimination complaints and appeals;

ii. informal employee or labor-management complaints;

iii. unfair labor practice charges (if applicable) or grievances alleging unfair labor

practices and related hearings or any equivalent proceeding;

iv. grievances;

v. corrective, disciplinary, or adverse actions for which the bargaining unit employee

has a right to representation;

vi. arbitration hearings;

vii. statutory appeals as authorized under Chapter 71 (if any);

viii. health and safety related matters as authorized by law, regulation, policy, and the

collective bargaining agreement;

ix. attendance at CBA committee meetings as the designated Union representative(s);

x. labor-management meetings;

xi. serving as technical advisor, co-representative, or otherwise assisting during

hearings;

xii. negotiations;

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xiii. presenting the views of the Union to the Agency, officials of the Executive Branch,

the Congress, and/or other appropriate authority;

xiv. maintaining records and reports required of the Union by the Determination

(which incorporates by reference 5 U.S.C. § 7120(c)); and

xv. attending conventions, conferences, and meetings of professional organizations

when it is mutually determined it will be of benefit to the bargaining unit employee

and TSA.

c. Meeting, communicating, or conferring with bargaining unit employees and

representatives of the Union concerning representational functions.

d. Attending training if determined by both Parties to be mutually beneficial to both

Parties.

e. Reviewing and responding to memoranda, letters, and requests from Agency

Representatives consistent with their representational duties.

f. Reviewing and disseminating manuals, and notices, which affect bargaining unit

employee personnel policies, practices, or working conditions.

2. The list of representational activities in Section B.1 is not exhaustive. Union

representatives may request and be approved for official time for representational activities

not listed in Section B.1.

3. If a request for official time is denied, the reason will be provided in writing and may be

grieved.

C. PROHIBITED USES OF OFFICIAL TIME: Union representatives shall not use official

time for the following purposes:

1. Any activities that are in violation of any applicable law, rule, or regulation.

2. Internal union business (e.g., solicitation of membership, election of union officials, the

collection of dues) in violation of Section 1 of the Determination (which incorporates by

reference 5 U.S.C. Section 7131(b)).

D. 100% AND 50% OFFICIAL TIME:

1. In recognition of the nature and complexity of Agency operations consisting of rapidly

evolving round-the-clock operations, TSA agrees that the Union will receive the below

pre-authorized allocation of official time for Union use as follows:

a. The Union shall be granted a total of 193 official time positions, to be assigned by

Council 100, subject to appropriations. Council 100 officers are included in this total.

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The Union may designate positions as 100% or 50%, and at least 25 of the 193 total

positions will be designated as 50%.

2. Allocation of 100% official time positions subject to Section D.1.a:

a. At an airport with less than 300 bargaining unit employees (as set forth in the most

recent report provided under Article 36: Communications, Section B.12), there can be

a maximum of two (2) 100% official time union representatives. At an airport with 300

or more but less than 450 bargaining unit employees, a maximum of three (3) 100%

official time union representatives; 450 or more but less than 600, a maximum of four

(4) 100% official time union representatives; 600 or more but less than 750, a maximum

of five (5) 100% official time union representatives; and continuing in the same pattern

with one additional 100% representative for each additional 150 bargaining unit

employees. Up to twelve (12) Council 100 Officer(s) will not count towards this

formula.

i. Any airports which exceed this allocation as of October 25, 2023, may continue to

maintain that number of 100% official time union representatives, and may not

reassign or add additional 100% positions until their allocation is consistent with

Section D.2.a.

ii. Airports will not lose a 100% official time position previously allocated unless the

total number of bargaining unit employees remains below the applicable threshold

for the last three reports under Article 36: Communications, Section B.12.

b. The allocation of 100% official time positions across airports cannot exceed the total

number of official time positions in Section D.1.a.

3. The Union will provide the Agency with a roster of its Council 100 officers within thirty

(30) calendar days of the effective date of this Agreement and annually thereafter.

4. The Union must provide written notice to TSA identifying the bargaining unit employees

placed on official time under this section along with a statement listing these bargaining

unit employees’ duties and responsibilities on behalf of the Union.

5. Council 100 will provide written notice to the Director of TSA Labor Relations or designee

whenever it adjusts a bargaining unit employee’s block time allocation (e.g., changes an

employee’s block time from 100% to 50% or 50% to 100%) or adds/removes a bargaining

unit employee to/from a block time position. TSA will implement changes within ninety

(90) days after receiving notice.

6. Work schedule assignments, participation in shift and annual leave bid(s), and

administrative matters for union representatives on 100% official time:

a. The local union president or designee will establish the work schedules for the union

representatives in their jurisdiction and notify the designated management official in

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writing of those schedules in advance of the administrative workweek. Those work

schedules must fall within Monday through Friday during the hours of 0600 and 1800.

b. Union representatives serving on 100% official time will not participate in the shift and

annual leave bid(s).

i. Union representatives on 100% official time who complete their full-time official

time service may select any shift schedule that would have been available to them

during the latest shift bid, consistent with their seniority, and will work that

schedule. They will then participate in the next applicable shift bid.

ii. Union representatives who were on 100% official time and who complete their full-

time official time service will be allowed to take all previously approved annual

leave. Any subsequent annual leave requests must be made consistent with Article

20: Annual Leave Bid Process.

c. The Parties understand that union representatives on 100% official time who want to

telework must follow TSA MD 1100.30-5, Telework Program, and associated

Handbook.

d. Within thirty (30) days of the effective date of this Agreement, all union representatives

on 100% official time must complete the required TSA electronic system training.

Starting the first pay period after completion of the training, unless the TSA electronic

system is not available or the local airport permits the submission of paper time and

attendance records, representatives on 100% official time must submit and validate

their time and attendance records in the TSA electronic system each pay period. For

union representatives designated on 100% official time after the effective date of this

Agreement, they must complete the required TSA electronic system training within

thirty (30) days from the date they begin 100% official time service and, unless the

TSA electronic system is not available or the local airport permits the submission of

paper time and attendance records, validate their time and attendance records in the

TSA electronic system starting the first pay period after completion of the training.

e. Unless the TSA electronic system is not available or the local airport permits leave

requests to be submitted in accordance with Article 17: Attendance Management

Process, all requests for leave will be submitted to the designated management official

in the TSA electronic system.

f. Time and attendance records must be annotated appropriately to record a union

representative’s use of official time.

7. Work schedule assignments, participation in shift and annual leave bid(s), and

administrative matters for union representatives on 50% official time:

a. Union representatives on 50% official time will work with local management to

schedule their official time duties and TSA duties.

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b. Union representatives on 50% official time are required to participate in the shift and

annual leave bid(s) consistent with Article 19: Shift Bid Process and Article 20: Annual

Leave Bid Process.

c. The Parties understand that union representatives on 50% official time who want to

telework while on official time (i.e., not during the part of their schedule when they are

performing screening functions) must follow TSA MD 1100.30-5, Telework Program,

and associated Handbook.

d. When they are performing screening functions, union representatives will be required

to use the designated time clock station in accordance with Article 17: Attendance

Management Process.

e. For the part of their schedule when on official time, union representatives will submit

a paper time and attendance record (provided by management) to the designated

management official.

f. All requests for leave will be submitted consistent with Article 17: Attendance

Management Process and Article 20: Annual Leave Bid Process.

g. Time and attendance records must be annotated appropriately to record a union

representative’s use of official time.

E. AD HOC OFFICIAL TIME:

1. Union representatives who are not on 100% and 50% official time can request and may be

approved for official time on an ad hoc basis consistent with this Article. Union

representatives who are on 50% official time can request and may be approved for official

time on an ad hoc basis only for up to eighty (80) hours per calendar year for the purpose

of attending union trainings.

2. The Parties understand that union representatives on ad hoc official time who want to

telework while on official time must follow TSA MD 1100.30-5, Telework Program, and

associated Handbook.

F. OFFICIAL TIME BANK:

1. A bank of 75,000 total official time hours will be allocated for ad hoc use per calendar

year, consistent with the requirements of this Article, subject to appropriations.

NOTE: Union representatives on 100% official time are ineligible for ad hoc official time,

and Union representatives who are on 50% official time can request and may be approved

for official time on an ad hoc basis only for up to eighty (80) hours per calendar year for

the purpose of attending union trainings.

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2. Any time spent by employees, including Union representatives, that is provided under

separate authority to participate in certain statutory procedures (e.g., proceedings before

the Equal Employment Opportunity Commission) will not be charged to the official time

bank.

3. Official time approved for union representatives on an ad hoc basis to participate in

bargaining for a new collective bargaining agreement and any related third-party

proceedings will not be charged to the official time bank.

G. USE OF OFFICIAL TIME BANK:

1. Approval of official time from the bank is subject to the Agency’s operational needs, and

must be requested in accordance with the requirements in this subsection. If official time

is denied for operational reasons, management will provide the reason in writing.

2. Upon request by the Council 100 President or designee, the Agency will provide the Union

with a report indicating the total number of official time hours used in the past quarter from

the bank of hours.

3. Official time used from the additional bank of hours for representational activities will be

requested using the following procedures:

a. The request must be made using TSA Form 1160-6, Union Representative Official

Time, or any other form if mutually agreed to by the Parties, which must be completed

in its entirety.

i. Requests for official time must be submitted by the union representative to the

designated management official. The Agency will provide the Local Union

President with an up-to-date list of designated management officials within the

Local’s jurisdiction.

ii. Union representatives seeking official time should request only the amount of time

believed necessary to address the matter. The minimum amount of official time

that may be requested is a fifteen (15) minute increment.

iii. If a standing meeting on workplace issues is established and it is a formal

discussion, a bargaining unit employee who is designated as the union

representative to attend the standing meeting may receive official time on a

recurring basis consistent with this Article.

iv. The request normally must be submitted in advance on TSA Form 1160-6, Union

Representative Official Time, or any other form if mutually agreed to by the

Parties. Requests can be made in advance orally in cases where such advance

written notices would be impractical. Examples of instances where the advance

submission of TSA Form 1160-6, or any other form if mutually agreed to by the

Parties, would be impractical are: shootings, traumatic incidents, significant

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incidents, and events directed by the Agency (e.g., Agency-initiated meetings,

phone calls, interviews) scheduled on short notice. In these circumstances, TSA

Form 1160-6, or any other form if mutually agreed to by the Parties, will be

submitted subsequently. Oral requests for official time must be approved prior to

the union representative taking the official time.

v. Time and attendance records must be annotated appropriately to record a union

representative’s use of official time.

vi. If the matter for which official time was requested and approved consumes less

time than is authorized, the bargaining unit employee must report in a timely

manner to the immediate supervisor for instructions, which may include returning

to duty.

vii. Designated management officials are required to promptly review requests for

official time and respond to the requesting bargaining unit employee as soon as

possible.

viii. Upon exhaustion of the hours in the bank, no subsequent requests will be approved

for bargaining unit employee union representatives not designated as 100% or 50%

official time unless the representational matter is covered by the EEO regulation,

29 CFR 1614.

b. Upon receipt of a complete TSA Form 1160-6, Union Representative Official Time

Request, or any other form if mutually agreed to by the Parties, the designated

Management official will promptly review the request and approve or deny it as soon

as possible. The designated management official will retain one copy and return one

copy to the requestor.

c. If the union representative is not provided an answer to the request prior to the time

requested, the representative may not assume it is approved.

d. When appropriate, the Agency will work with the representative to schedule an

alternate time and/or date for use of the requested official time. The alternate time

and/or date will be noted on the TSA Form 1160-6, Union Representative Official Time

Request, or any other form if mutually agreed to by the Parties.

e. If official time is denied, the designated management official will provide a written

explanation for the denial as soon as possible. If the request is denied because of

operational needs, management will work with the requestor to identify an alternate

time.

f. If the request is approved, the Union representative will provide their supervisor with

a written copy of TSA Form 1160-6, Union Representative Official Time Request, or

any other form if mutually agreed to by the Parties, showing approval.

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H. TRAVEL FOR UNION REPRESENTATIVE:

1. Once official time is authorized for a specific function that requires travel outside a Union

representative’s work location, the representative will be permitted to leave the facility to

discharge their functions after notifying their respective supervisor of their destination,

expected return date/time, and the category of representational activity involved. When

travel is approved for a union representative to conduct representational activities, TSA

will not incur any cost associated with bargaining employee travel for the representational

activity, unless specifically authorized.

2. Where travel to another location within the jurisdiction of a Local union is necessary for

representational activities consistent with the provisions of the collective bargaining

agreement, official time may be authorized for such travel.

I. ALLEGATIONS OF MISUSE: Each union representative is responsible for utilizing official

time only for authorized purposes, consistent with the Determination and this Agreement.

Alleged misuse of official time shall be brought on a timely basis to the attention of the Director

of TSA Labor Relations or designee, who will then notify the Council President of the

allegation.

J. UNION REPRESENTATIVE APPEARANCE WHILE ON OFFICIAL TIME:

1. Union representatives on official time are required to present a neat, clean appearance, to

reflect the required level of professionalism while performing their representational duties

in a TSA work area. Any management concerns about the appearance of a union

representative will first be brought to the Local President (or, if the concern is about the

Local President, to the Council 100 President).

2. Union representatives on official time are not required to wear a TSA uniform while

performing their representational duties in a TSA work area but may if they so choose. If

they choose to wear the TSA uniform, they must wear the TSA uniform in accordance with

Article 16: Uniforms, Uniform Allowances, and Appearance.

3. Union representatives on 50% official time must wear the TSA uniform while performing

screening duties in accordance with Article 16: Uniforms, Uniform Allowances, and

Appearance.

K. TRANSFERS:

1. Union representatives on 50% official time and ad hoc official time can transfer consistent

with Article 23: Transfer Policy.

2. Union representatives on 100% official time can transfer consistent with Article 23:

Transfer Policy. If the union representative on 100% official time transfers into an airport

that has already met its allocation as set forth in Section D.2, that union representative will

no longer be on 100% official time and must successfully complete all required

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certifications at the gaining airport. If the union representative on 100% official time

transfers into an airport that has not already met its allocation set forth in Section D.2, that

union representative can continue to serve on 100% official time and will not be required

to be certified at the gaining airport.