ARTICLE V - JOB DEFINITION AND QUALIFICATIONS


GENERAL
  1. The Company will determine a SPOs (SPO I, SPO II or SPO III) qualifications for initial employment, and for continued employment, except as otherwise limited by this Agreement, except for the determination of medical qualifications and mental standards under 10 CFR Part 1046, which will be made by the Occupational Medical Service Provider (OMSP). If required by DOE orders, determination of suitability for receiving and maintaining a DOE "Q" clearance and Human Reliability Program (HRP) access will be made by the DOE in accordance with their regulations.

  2. SPOs (SPO I, SPO II or SPO III) will meet initially and continue to meet the required standards and qualifications as set forth in the Code of Federal Regulations, 10 CFR Part 1046 (Security Skills Training and Qualifications Standards for Protective Force Personnel), or as hereafter revised.

  3. SPOs (SPO I, SPO II or SPO III) will not be scheduled to perform work which normally falls within the jurisdiction of other crafts, except in the case of emergency; nor will employees in other crafts be scheduled to perform work which normally falls within the job definition of SPO, except in the case of emergency.

  4. Except in the case of an emergency, supervisory personnel will not do non-supervisory work. This will not prevent such supervisory personnel from performing necessary functions of instruction or from operating equipment. The parties agree that SPO qualified exempt personnel may be utilized to provide temporary personal relief for restroom breaks to SPOs when normal relief is not available from bargaining unit personnel.
    Prior to staffing a bargaining unit position with supervisory or exempt personnel, the Company will make two (2) attempts to contact off-duty, available SPOs, then notify the Business Agent or the President of the Union.

  5. While the job responsibility of the SPO is recognized by both the Company and the Union, it is further acknowledged that emergencies may arise, temporary or otherwise, that require the patrol force to be supplemented by additional personnel, either civilian or military.

  6. It is not the intent of the Company to change the Company standards for the SPO II-Cs and III-Cs as described in HNF-PRO-1292 Patrol Policies, Procedures and Training. If, in the future, the Company wishes to make changes to those standards, it will meet with the Union to discuss the changes prior to implementation.
PART I – CLASSIFICATIONS
  1. The SPOs covered by this Agreement will be classified as follows:

    Security Police Officer I
    Security Police Officer II-C (Company Standards)
    Security Police Officer II-D (Department of Energy Standards)
    Security Police Officer III-C (Company Standards)
    Security Police Officer III-D (Department of Energy Standards)

    1. Classifications

      A Security Police Officer I, is a uniformed SPO who is employed for and charged with, the protection of classified matter, Special Nuclear Material (SNM), or other Government property and who is authorized under Section 161k of the Atomic Energy Act of 1954, as amended or other statutory authority to carry firearms and to make arrests without warrant. The SPO I will meet the physical fitness standards (Basic Readiness Standard) as defined in 10 CFR Part 1046. Additionally, they will meet the weapons and training standards defined in the DOE Order 473.3, “Protection Program Operations” or hereafter revised.

      A Security Police Officer II-C is a uniformed Security Police Officer who meets all SPO I requirements and the higher physical fitness standards (Advanced Readiness Standard), as defined in 10 CFR Part 1046. Additionally, the SPO II-C will meet the higher standards for fitness, weapons and training as outlined in the Protective Force Matrix which is included. An SPO II-C may be assigned to a tactical assignment.

      A Security Police Officer II-D is a uniformed Security Police Officer who meets all SPO I requirements and the higher physical fitness standards (Advanced Readiness Standard), as defined in 10 CFR Part 1046. Additionally, they meet the weapons and training standards defined in the DOE Order 473.3, “Protection Program Operations” or as hereafter revised. An SPO II-D may be assigned to a tactical assignment.

      A Security Police Officer III-C is a uniformed Security Police Officer who meets all SPO II requirements and the higher physical fitness standards (Advanced Readiness Standard), as defined in 10 CFR Part 1046. Additionally, the SPO III-C will meet higher standards for fitness, weapons and training requirements as outlined in the Protective Force Matrix which is included. An SPO III-C may be assigned to a tactical assignment.

      A Security Police Officer III-D is a uniformed Security Police Officer who meets all SPO II requirements and the higher physical fitness standards (Advanced Readiness Standard), as defined in 10 CFR Part 1046. Additionally, they meet the weapons and training standards defined in the DOE Order 473.3, “Protection Program Operations” or as hereafter revised. An SPO III-D may be assigned to a tactical assignment.

      If an oral board, for any of the above classifications, to include K-9, is necessary, the HGU Business Agent or their delegate will be an observer at all oral boards.

    2. Duties

      SPOs will perform the following general duties which include but are not limited to:

      1. ) Enforce regulations concerning trespass, exclusion of prohibited articles, personnel identification, protection of classified matter and Special Nuclear Material (SNM) and assist law enforcement agencies;

      2. ) Observe and patrol designated perimeters, areas and structures;

      3. ) Prevent persons or vehicles from gaining unauthorized access to security areas;

      4. ) Check repositories, rooms or buildings containing classified matter during non-working hours to determine that they are locked or otherwise in order;

      5. ) Respond to protective alarm signals or other indications of suspicious activity;

      6. ) Act as necessary in the event of situations affecting the security of the facility, personnel, including fires, industrial accidents, internal disorders and attempts to commit espionage, sabotage or other criminal acts;

      7. ) Protect classified matter and Government property against unauthorized access, theft or intentional damage; and

      8. ) Report to supervisors all incidents or unusual circumstances affecting or potentially affecting the security of the area at the time of occurrence or as soon thereafter as possible.

    3. Training

      Prior to initial assignment to duty, each SPO will successfully complete a course or courses of basic instruction and qualification as set forth in 10 CFR Part 1046 and the DOE Order 473.3 or as hereafter revised.

    4. Medical Evaluations

      SPOs are required to have an annual physical and mental examination. These examinations and any subsequent follow-up to complete the medical clearance process will be paid by the Company. SPOs will attend these examinations on Company time. If a SPO is required by the Company to visit the OMSP for a Fitness for Duty examination, that also will be done on Company time and at the Company's expense. Before undertaking or engaging in physical training activities to enable a SPO to meet the requirements of 10 CFR Part 1046 and the DOE Order 473.3 or as hereafter revised, a SPO must be cleared for such activity by the OMSP.

      Personnel who need to attend to personal matters between themselves and the OMSP, or the DOE to qualify for, or to retain their medical and/or security clearances will do so on their own time.

      If an OMSP physician determines that a SPO is not physically able to engage in training activities, that SPO may request a review with the examining physician. After discussing the review with the examining physician, the SPO may request a second opinion with a different OMSP physician or a panel of OMSP physicians. In making the determinations referred to above, the OMSP physician(s) will always consider recommendations offered by non-OMSP physicians.

      If a SPO is denied clearance from the OMSP, the decision may be appealed through the DOE appeal process as outlined in 10 CFR Part 1046. The denial of a waiver or appeal by DOE, or the ruling that an employee does not meet the medical, physical or mental qualifications of the above referenced regulations, will not be subject to the provisions of the Grievance and Arbitration Procedure of this Agreement.

  2. Tactical Response Resources

    The Company will establish plans for the development of, and deployment of SPO II and SPO III resources. SPO II and SPO III resources will assure adequate emergency response to events associated with the attempted or actual sabotage of nuclear weapons, theft of nuclear weapons or test devices, Category I quantities of SNM, other selected strategic materials and associated facilities, labor disturbances and other situations threatening the security of the facility.

    1. Tactical Assignments

      1. ) Tactical positions will be determined by management based upon the security needs at Hanford. It is agreed that the Company will allow for a minimum of twenty five (25%) percent of the Protective Force to be SPO I positions. These SPO I positions will not include K-9 handlers or eight (8) minimum Central Alarm Station (CAS)/Secondary Alarm Station (SAS) positions.

      2. ) Incumbent SPO IIIs assigned to tactical positions on November 1, 2005, will retain tactical assignments, seniority permitting, as long as they maintain the DOE minimum established standards for SPO III.
        SPOs who qualify as SPO III after November 1, 2005, will be assigned tactical positions utilizing SPO III-C personnel first and then assigning SPO III-D qualified personnel as may be needed.

      3. ) For SPO II assignments to tactical positions, for the initial staffing, these positions will be staffed according to seniority. After the initial staffing, positions will be assigned to a SPO II-C first and then to a SPO II-D.

    2. Qualifying for Tactical Assignments

      A SPO II-C or D and SPO III-C or D (candidates and/or incumbents) must meet and continue to meet the offensive combative physical fitness requirements as specified in 10 CFR Part 1046 and the DOE Order 473.3 or as hereafter revised in order to qualify for a SPO II or SPO III assignment.

      In order for an incumbent or candidate SPO II or SPO III to qualify and continue to qualify for a SPO II-C or SPO III-C assignment, the SPO must have met the applicable requirements and standards as determined by the Company, which may include vigorous training and written examinations.

    3. Medical Evaluations

      SPOs are required to have an annual physical and mental examination. These examinations and any subsequent follow-up to complete the medical clearance process will be paid by the Company. SPOs will attend these examinations on Company time. If a SPO is required by the Company to visit the OMSP for a Fitness for Duty examination, that also will be done on Company time and at the Company's expense. Before undertaking or engaging in vigorous training activities to enable a SPO II and SPO III (candidates and/or incumbents) to meet the requirements of 10 CFR Part 1046 and the DOE Order 473.3 or as hereafter revised, they must be cleared for such activity by the OMSP.

      Personnel who need to attend to personal matters between themselves and the OMSP, or the DOE to qualify for, or to retain their medical and security clearances, will do so on their own time.

      If an OMSP physician determines that a SPO II or SPO III (candidates and/or incumbents) is not physically able to run the obstacle course and/or engage in vigorous training activities, the SPO II and SPO III (candidates and/or incumbents) may request a review with the examining physician. After discussing the review with the examining physician, the SPO II or SPO III may request a second opinion with a different OMSP physician or a panel of OMSP physicians. In making the determinations referred to above, the OMSP physician(s) will always consider any recommendations offered by a non-OMSP physician.

      If an SPO is denied clearance from the OMSP, the decision may be appealed through the DOE appeal process as outlined in 10 CFR Part 1046. The denial of a waiver or appeal by DOE, or the ruling that an employee does not meet the medical, physical or mental qualifications of the above referenced regulations, will not be subject to the provisions of the Grievance and Arbitration Procedure of this Agreement.

    4. Special Training Requirements

      SPO II and SPO III (candidates and/or incumbents) must successfully complete special training, including training and qualifications with firearms and other special weapons and equipment, to become and remain eligible for tactical assignments. Such firearms qualifications will include obtaining and retaining, with Company issued weapons, a minimum qualifying score on each of the approved firearms qualifications courses. The Company will administer the specialized training programs as necessary.

    5. Selection Standards

      1. ) A SPO II-C or D and SPO III-C or D (candidates and/or incumbents) must meet standards of performance, grooming, attendance and professional competence in accordance with Hanford Patrol Policies to become and remain eligible for tactical assignments.

        Should the Company determine that a SPO II-C or D and SPO III-C or D (candidates and/or incumbents) does not meet the above criteria, the Company will discuss with the Union before any action is taken.

      2. ) SPOs assigned to tactical assignments will be selected from among those who volunteer for such assignments and who meet the required qualifications. Should there be more volunteers who meet the required qualifications than there are tactical assignments available, the available assignments will be filled in order from SPO IIIs then SPO IIs, by seniority from among those who meet the qualifications.

        At such time as an SPO II or SPO III no longer desires to retain SPO II or SPO III certification, the Company will, upon receipt of written notification from that SPO II or SPO III, release them from that position as soon as is practicable, based upon the availability of another qualified SPO II or SPO III.

        Should there be insufficient qualified volunteers to fill the tactical assignments, they will be filled by inverse seniority and/or recruiting from the outside.

    6. SPO Longevity Provision

      A SPO II or SPO III with a hire date prior to November 1, 2005, who no longer meets the medical/physical qualifications under 10 CFR Part 1046 or firearms qualifications per the DOE Order 473.3 or as hereafter revised, will be allowed to fill a vacant SPO I or SPO II position, providing the employee can meet the requirements for that position (i.e. a SPO II that moves to a SPO I position, must meet the requirements of the SPO I position). If all SPO I and SPO II positions are filled, the SPO II or III will be able to displace a junior SPO I, seniority permitting.

      A SPO II or SPO III with a hire date after November 1, 2005, and who can no longer meet the medical/physical qualifications under 10 CFR Part 1046 or firearms qualifications per the DOE Order 473.3 or as hereafter revised, will be allowed to fill a SPO I position, providing the employee meets the requirements for that position (a SPO II or III that moves to a SPO I position must meet the requirements of the SPO I position). If all SPO I positions are filled, the SPO II or III will be able to displace a junior SPO I, seniority permitting. To fill these position(s), a SPO needs an objective medical condition verified by the OMSP. Patrol management reserves the right to waive a medical verification and allow the SPO to fill these SPO I positions.

    7. Scope of Work

      SPO IIs and IIIs assigned to tactical assignments will work other assignments for the purpose of overtime distribution, relief, emergencies and other temporary situations. SPO IIs and SPO IIIs may only be forced to work within their own tactical classification. SPOs assigned to tactical assignments will be moved from one (1) tactical assignment to another as deemed necessary, according to seniority when practicable. SPOs assigned to tactical assignments will work any and all overtime as required to maintain the necessary complement of SPO IIs and SPO IIIs on duty. SPOs assigned to tactical assignments will participate in training exercises as required. The Company and Union will periodically meet to discuss tactical assignments. The Company will consider Union proposals to minimize impacts on SPO II and SPO III personnel.

    8. Required Tactical Positions (Sniper/Breacher)

      Required tactical positions may cause the displacement of a more senior SPO II or SPO III. However, the rules of the Patrol Transfer Procedure apply. Non-required tactical positions may be added to any shift, however, they will not displace a SPO II or SPO III that is assigned to that shift. If the need to increase any required tactical assignment is necessary, the Company will meet with the Business Agent or their delegated representative and discuss the issue prior to any transfers.

    9. Transfers

      It is recognized that the formation and subsequent operation of tactical assignments will cause unavoidable departures from the rules of transfer which normally govern movement of unit personnel; however, such departures will be minimized consistent with necessities of the formation and operation of the tactical assignments.

    10. Responsibility for Assignments

      Tactical assignments will be made as deemed necessary by the Company in fulfillment of the security and protective mission at Hanford.

  3. Central Alarm Station (CAS) and Secondary Alarm Station (SAS) Operators A CAS/SAS Operator is a uniformed SPO who is assigned to work in the Central Alarm Station or Secondary Alarm Station. Their duties include operating the radio, monitoring the alarm system, preparation of incident reports, completing equipment inventories and keeping daily activity logs. In the Lieutenant's absence, they are responsible for initiating and coordinating the appropriate Patrol response to security alarms/situations.

    1. Selection Criteria

      Candidates for CAS/SAS operator will be selected based upon seniority, interpersonal skills and aptitude from volunteers who meet the minimum qualifications as determined by the Company. Should there not be enough volunteers to achieve minimum staffing requirements, the least senior qualified SPO not working a tactical assignment may be required to train and certify as a CAS operator. If this process fails to produce qualified CAS/SAS operators, the Company may recruit from the outside.

      CAS/SAS operators may exercise their option to leave the assignment by giving written notice to their immediate supervisor. If an operator chooses to leave the CAS/SAS assignment, they will be required to remain in the position until a replacement is trained and certified or until their annual certification expires whichever occurs first.

    2. Training Requirements

      CAS/SAS candidates and operators must successfully complete initial training and certification testing to qualify for a CAS/SAS assignment. Annually thereafter SPOs must successfully complete annual training and re-certification.

  4. K-9 Handlers

    K-9 Handlers are uniformed, armed, SPO I’s, who are charged with conducting K-9 operations as required by the Company. These duties include but are not limited to playtime, exercise, health checks, trimming nails, cleaning ears, bathing, grooming, feeding, cleaning the kennel, sanitizing the feed pan, rinsing the water pail and medicating canine (except for shots). These duties are to take place during regular work hours on the Hanford Site and at home as part of the “home kenneling” program.

    It is agreed that the appropriate time spent and compensated for these activities is five-tenths (.5) hour per day, seven (7) days per week. This agreed upon time has been arrived at and agreed to by both parties after thoroughly evaluating and considering the time it takes to perform these tasks. It is also agreed that no K-9 Officer is authorized to perform any of the above duties in excess of the five­ tenths (.5) hour per day at home unless specifically authorized in advance by the Manager or Supervisor of the Explosive Detection Unit.

    It is also specifically agreed that the five-tenths (.5) hour time includes any and all transportation time for any canine activities including, but not limited to, traveling to and from work.

    For off-site overnight assignments, the K-9 Handler will receive one (1) additional hour of pay for each day which is compensation for all the above mentioned duties.

    When off duty, each handler is directed to house his assigned canine in the Company provided kennel. Under no circumstance is the canine to be lodged at another location unless approved in advance by the Manager or Supervisor of the Explosive Detection Unit. Should a handler elect to allow his canine in his residence for short periods of time to socialize with family members, he accepts all responsibilities associated with that activity (i.e. cleaning and damages) and such time will not be treated as work time because it is predominately for the benefit of the handler.

    It is further agreed that the issue of time spent for performing canine duties, home kenneling and transportation of the canine has been fully explored, discussed, examined, researched and agreed upon by Mission Support Alliance, LLC and the Hanford Guards Union. All incumbents have agreed to this time frame. Incumbents and future K-9 Handlers, by virtue of the significant time and effort spent by both parties in resolving this issue will not seek any additional time or compensation for these duties except through labor negotiations as part of the formal collective bargaining process.

    For incumbents and future K-9 Handlers, they will be required to sign the Hanford K-9 Handlers Acknowledgment and Agreement Form to remain or to become a K-9 Handler and home kennel a DOE canine.

    When a K-9 Handler is absent for an extended period (e.g. short-term disability or leave of absence) the canine will be housed at a Company designated kennel. For vacations, K-9 Handlers will have the option to house at a Company designated kennel site during their vacation period. During those days/nights that a canine is kenneled at a Company designated kennel, the K-9 Handler will not receive the five-tenths (.5) hour of pay.

    The Company will, as in the past, install/provide a kennel with concrete pad at the handlers' residence, provide a portable kennel for use as appropriate for transporting the canine, provide canine care materials, provide feed and pay for veterinary services. Anytime the canine must see a veterinarian for an emergency care situation, the Company will compensate the K-9 Handler in accordance with the CBA (time spent at the veterinarian clinic), provided the procedures of the Hanford Patrol K-9 Utilization Manual are adhered to. On a one time only basis, a Patrolman leaving the K-9 program may have their residence and vehicle cleaned. Management will have the discretion on the amount to be reimbursed.

    The Hanford Guards Union shall indemnify and save the Employer harmless against any and all claims, demands, lawsuits or other forms of liability that may arise out of or by reason of the canines being home kenneled.

    1. Selection Criteria

      1. ) A K-9 candidate or an incumbent K-9 Handler must meet standards of performance, grooming, attendance and professional competence in accordance with Hanford Patrol Policies to become and remain eligible for K-9 assignments.

        Should the Company determine that a K-9 candidate or incumbent K-9 Handler does not meet the above criteria, the Company will discuss with the Union before any action is taken.

      2. ) When openings become available for a K-9 Handler, the K-9 managers will request volunteers. Candidates will submit in writing their interest for the position to their supervisor. The supervisor will recommend or not recommend based on documented performance. Once a list is established, the K-9 manager will notify the candidates and schedule them for a written test, writing exercise, oral presentation, and interview board. The candidate with the highest overall score will be selected for the position. In the event of a tie, the senior SPO will be selected. If there is more than one opening, the positions will be filled by the highest overall scores. Patrol management retains the right to approve/disapprove the final selection. Waiting lists will not be established.

        After successfully completing all required training, the SPO will be assigned to the vacant position. Once assigned, SPOs are required to serve at least two (2) years in return for the training. After two (2) years, an incumbent K-9 Handler who no longer desires to retain K-9 certification, the Company will, upon receipt of written notification from that K-9 Handler, release the SPO from that position as soon as is feasible, based upon the availability of another qualified K-9 Handler.

        Should there be insufficient qualified volunteers to fill the K-9 assignments, they will be filled by inverse seniority and/or recruiting from the outside.

    2. Training Requirements

      K-9 candidates and incumbent K-9 Handlers must successfully complete special training, including training and qualifications with canines, explosives and special equipment as determined by the Company to become and remain eligible for K-9 assignment.

  5. SPO III Special Assignment Selection

    When openings become available for Sniper or Breacher, the Special Response Team (SRT) Commander will request volunteers. Candidates will submit in writing their interest for the position to their Lieutenant. The Lieutenant will recommend or not recommend based on documented job performance. Once a list is established, the SRT Commander will select the senior SPO III for Breacher. Sniper candidates will meet at the range for a shooting competition. Each candidate will be allowed five (5) warm-up shots. The shooting competition will be three (3) rounds fired from each position (sitting, kneeling, prone) at 100 yards on the same target. All candidates will use the same weapon on the same day. The shooters with the five tightest overall groups will be assigned to the Patrol Training Academy. The successful candidates will participate in a week long qualification selection process. The selection process will consist of DOE Sniper Qualification courses, Sniper Obstacle Course (similar to the National Training Center (NTC)), demonstration of equipment competency and a written test. The successful candidate(s) will be determined by the highest overall score. In case of a tie, the senior SPO III will be selected. Patrol management retains the right to approve/disapprove the final selection. Waiting lists will not be established. Each vacancy will be filled as above. After completing prescribed training, the candidate will be assigned to the vacant position. Once assigned, candidates are expected to serve at least two (2) years in return for the training. SPO IIIs unable to meet the standards may be removed from the assignment. Snipers and Breachers may be required to retain their position until a replacement can be found.

PART II - FIREARMS QUALIFICATIONS
  1. Initial Qualification

    A SPO will not be authorized to carry a firearm until it has been determined that the individual who is to be armed is medically and physically fit as well as emotionally stable and has qualified in accordance with DOE firearms standards. Firearms qualifications, including courses of fire and scores, will be endorsed by the NTC as referenced in the DOE Order 473.3 or as hereafter revised.

  2. Requirement to Requalify

    SPOs will be required to demonstrate initially and thereafter, at a time and frequency determined by the Company, proficiency on the firearms qualification courses that are endorsed by the NTC as referenced in the DOE Order 473.3 or as hereafter revised. After initial qualification each SPO, at their regularly scheduled firearms qualification, must successfully meet requirements. All firing will be done under Patrol supervision.

    To assist SPOs in the firearms qualification process, the Company will provide the following:

    1. The Company will make a reasonable effort to assure the firearms qualification range is available for practice by SPOs on their own time under Patrol supervision. Open range hours will be posted by the Patrol Training Academy (PTA).

    2. Upon request, each SPO will be provided a reasonable amount of ammunition for practice on the SPOs own time under Patrol supervision.

    3. The Company will also provide ammunition during all scheduled firearms training and qualification.

  3. Supplemental Firearms Training

    SPOs who have been identified by the Officer in Charge (or his designee), PTA, as having difficulty in qualifying will be given additional training on Company time.

  4. Failure to Qualify/Requalify (SPO I, SPO II-D and SPO III-D)

    1. A SPO who fails to qualify for record as required on their first attempt may elect to take the second attempt on that day or may choose to participate in a remedial training program of up to four (4) hours prior to the second attempt. This remedial program will be designed by the Company to correct any shooting deficiencies the SPO may have. Such program may be modified as necessary to comply with requirements or based on the effectiveness of the program and will be conducted on Company time.

    2. If a SPO fails to qualify after their second attempt they will lose their authority to carry firearms and will enter into the Phase I Remedial Training Program of up to four (4) hour remedial firearms training (see D below for further explanation). The program will be designed to correct any shooting deficiencies that the SPO may have. At the conclusion of the training, the SPO will be scheduled for the third qualification attempt. This training will be conducted on Company time.

    3. If the SPO fails to qualify after the third attempt, the SPO will enter Phase II of the remedial training program of up to four (4) hours prior to the fourth attempt.

      If the SPO fails after the fourth attempt, they will be treated in accordance with the provision of Part III below.

    4. If an SPO II or III fails to qualify at the minimum DOE standard for SPO II/III, the SPO will retain their arming authority if qualified at the minimum DOE standard for SPO I/II. The SPO may be reassigned to SPO I/II duties until such time as they meet the minimum SPO II/III qualifying score.

  5. Failure to Qualify/Requalify (SPO II-C and SPO III-C)

    SPO II-Cs and SPO III-Cs are allowed two (2) attempts to requalify on their first day and after up to eight (8) hours remedial training, are allowed two (2) more attempts on their second day to maintain their SPO II-C and SPO III-C status.

  6. Other Weapons

    SPOs will also be expected to complete familiarization firing with other weapons as directed by the Company.

  7. Modification to Firearms Course

    In the event that the approved firearms qualification courses are changed, such change will be discussed with the Union before being implemented.


PART III - QUALIFICATION PROBLEM RESOLUTION
  1. Change of Standards

    If, during the term of this Agreement, the physical qualifications and mental standards outlined in 10 CFR Part 1046, or the firearms qualification standards outlined in the DOE Order 473.3 are revised so as to impose more stringent or demanding requirements for SPOs, the modified standards will apply. Prior to implementation of such modified standards, the Company will meet and discuss the impact of the modified standards on individual employees with the Union.

    In the event the Union disagrees with the action the Company takes on such an individual, the Union may process a grievance on the Company's action through the grievance arbitration procedure of this Agreement. The Arbitrator has the authority to set aside the Company's implementation of the individual case and fashion a remedy or may confirm the Company's implementation of the individual case. However, the Arbitrator does not have the authority to modify the standards.

  2. Change of Incumbent Capabilities

    1. Temporary Restrictions

      1. ) In the event that a SPO has a temporary restriction that prevents them from meeting the standards as outlined in 10 CFR Part 710 and 1046 and the DOE Order 473.3 as hereafter revised, the SPO may be assigned other duties within the Patrol organization or MSA LLC.

        There are no established positions within the Patrol organization or MSA LLC to accommodate temporary restrictions. However, if other duties within the Patrol organization or MSA LLC are available that can accommodate a temporary restriction (including assisting on posts) and management makes the assignment, such assignment will be made based upon seniority.

        If an accommodation can be made, it is agreed that such accommodation will not normally exceed six (6) months.

        In the event that an employee is medically restricted beyond six (6) months, the following will apply:

        1. ) For employees in the Income Protection Plan (IPP) program, job placement assistance will begin six (6) months from the date of the temporary medical restriction and will continue for sixty (60) days. After sixty (60) days, full income protection provisions of IPP will apply.

        2. ) If there is no placement and if the individual qualifies for disability under the provisions of the disability program, disability will be available. The Company will provide assistance to the SPO who files disability claims consistent with the provisions of the disability programs.

        3. ) If during the sixty (60) day job placement period, the individual is able to meet all the applicable qualification standards, they will retain a SPO position.

        4. ) In the event that the above is not available, the individual will be placed in layoff status. However, they will not retain eligibility for recall.

      2. ) In the event a SPO is instructed by management to stay home due to any temporary HRP disqualification as outlined in 10 CFR Parts 710, 711 and 712 and cannot be reassigned to other duties within the Patrol organization or MSA LLC, the following will apply:

        1. ) Each SPO will be allotted thirty-six (36) hours to be used for HRP temporary disqualification, "P" time, for the calendar year. The SPO will contact the Shift Commander, Deputy Chief, and/or Chief of Patrol to determine if the SPO can report to work or is eligible for “P” time.

        2. ) SPOs hired after January 1 and during the first half of the year or any subsequent year, will be allotted thirty-six (36) hours of "P" time for the calendar year. SPOs hired during the second half of any year will be allotted eighteen (18) hours of "P" time for that calendar year.

        3. ) Thereafter, SPOs will be allotted thirty-six (36) hours of "P" time per calendar year.

    2. Firearms Qualification Failure

      A SPO who fails to meet the firearms qualification standards as outlined in Part II above will be treated as detailed below:

      The Company will attempt to place such individual in another position within the Company based on their qualifications, experience, work records, training and other factors.

      If the individual qualifies for disability under the provisions of the disability program, disability will be available. The Company will provide assistance to SPOs who file disability claims consistent with the provisions of the disability program.

      In the event that the above are not available, the individual will be placed in layoff status. However, they are not eligible for recall.

      If, during the one (1) year period immediately following removal of SPO status, the SPO provides proof of further training at an outside agency, the SPO may have one (1) final qualification attempt. If such individual does qualify during this one (1) attempt, they will be reinstated to their former SPO status.

  3. Removal from Tactical Assignment - Other

    A SPO who is removed from a tactical assignment by virtue of not meeting the standards outlined in Part I, Section 2, will be, if medically and mentally qualified, returned to a regular SPO I assignment at the appropriate SPO I rate of pay, seniority permitting.

    If not currently qualified as a higher classification, a displaced SPO will be given one (1) year (365 days) to train and fill a higher classification, seniority permitting.

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