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Return Rights from Overseas Locations
Section 1. To the extent that the
Employer has a need for, and maintains, an administrative return rights
program, the program shall be administered in accordance with applicable
directives and the terms of this agreement. If any changes to the program are
proposed, the Employer will notify the Union in advance and provide the
opportunity to negotiate the changes to the extent required by law and in
accordance with Article XX, Mid-term Bargaining, of this Agreement Employees
on overseas tours are entitled, for the remainder of their current tour, to
the protection of the regulations under which they accepted the overseas
assignment.
Section 2. To maintain administrative return rights, the employee shall
execute an employment agreement for each tour of duty. If an employee serves
only one (1) tour, his/her tour should total thirty-six (36) months. Any
subsequent tour may be reduced to twenty-two (22) months, however the final
tour should be twenty-four (24) months. The length of a tour of duty may be
reduced if it is deemed to be in the best interest of the Agency.
Consideration will be given to the needs of the overseas organization, the
needs of the parent organization and personal desires/circumstances of the
employee. Employees shall be advised of the length of the initial tour when
applications are solicited.
Section 3. The Employer shall provide the rights and benefits provided
by law to all eligible employees on employment agreements under this article.
Section 4. Operational requirements permitting, an employee who enters
into a new employment agreement shall be granted up to twelve (12) months,
following expiration of his/her preceding employment agreement, to exercise
his/her home leave and/or rights and benefits. Home leave will not be applied
toward the time an employee is required to serve on his/her tour of duty.
Section 5. To the maximum extent permissible under Public Law 83-737,
as amended by Public Laws 97-253 and 97-346, and applicable government-wide
regulations, employees who accept assignment outside the continental United
States, and after completing a tour of duty, are allowed expenses for travel
and transportation from post of duty to place of actual residence at time of
appointment or transfer and return overseas, for the purpose of taking leave
between tours of duty overseas. The employee must enter into a new written
agreement before departure from his/her post of duty indicating he/she will
serve for another period of service at the same, or another, post of duty
outside the continental United States.
This provision is also applicable to employees serving tours of duty in Alaska
and Hawaii, but only under limited conditions as specified by law (Public Law
97-253, 9/8/82 and Public Law 97-346 10/15/82) and Agency-wide directives.
Employees, who transferred to Alaska or Hawaii on, or before, September 8,
1982, will continue to be eligible to receive allowances for travel and
transportation expenses for tour renewal travel to the maximum extent
permissible under government-wide regulations. However, those who have
transferred, or are transferring, to Alaska or Hawaii after September 8, 1982,
are restricted. (Leave under this provision is not the same as �home leave� to
which employees in Alaska and Hawaii are not entitled.).
Section 6. Employees exercising return rights shall be given a list of
all existing Air Traffic vacancies, which are to be filled in their parent
organization and for which he/she is qualified. He/she must make a selection
from the list supplied. This shall be the position to which he/she is
returned.
Section 7. Waiver of employment agreements shall not be required for an
early return of ninety (90) days or less, when an employee has been selected
for another position.
Section 8. Operational requirements permitting, tour extensions, not to
exceed an aggregate period of nine (9) months, may be granted by the overseas
organization to an employee after coordination with the parent organization.
Section 9. An employee completing a tour of duty outside the
continental United States shall notify the Employer that he/she shall, or
shall not, return, not less than 150 calendar days nor more than 180 calendar
days before that tour expires.
Section 10. The employer shall advise the employee of his/her specific
assignment in the continental United States at least ninety (90) calendar days
in advance of the expiration date of his/her current tour.
Section 11. The Employer shall contact the employee to receive employee
input on release date prior to determining that release date. Careful
consideration will be given to the employee�s personal needs in determining a
release date under this program.
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