MEMORANDUM OF UNDERSTANDING BETWEEN THE
US DEPARTMENT OF LABOR
AND
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (AFGE), NATIONAL COUNCIL OF FIELD LABOR LOCALS (NCFLL)
This Memorandum of Understanding (MOU) is made and entered into on August 15, 2024, by and between the US Department of Labor (DOL) and American Federation of Government Employees (AFGE), National Council of Field Labor Locals (NCFLL) in accordance with the applicable provisions of the Agreement between NCFLL, and the DOL, hereinafter, the Collective Bargaining Agreement (CBA).
SUBJECT
The purpose of this MOU is to show the parties reached an agreement in the application of the updated Department of Labor Manual Series (DLMS) 6-100 Equal Employment Opportunity Program and DLMS 6-200 Reasonable Accommodations for Employees and Applicants.
TERMS OF THE AGREEMENT
a) With the bargaining unit employee’s consent, the NCFLL will be given the opportunity to work with the bargaining unit employee and management during the Pre-complaint Counseling/Mediation process within DLMS 6-100 to identify potential conflicts, explore alternative dispute resolution (ADR) options and facilitate discussions to reach mutually agreeable solutions.
b) As referenced in DLMS 6-100, Equal Employment Opportunity Commission regulations provide that EEO complainants have the right to be accompanied, represented, and advised by a representative, including a designated NCFLL Representative, of their choice at any stage in the processing of a complaint, including the counseling stage. 29 CFR 1614.605 (a).
c) The Department agrees to provide the NCFLL with training on the DLMS 6-100 Equal Employment Opportunity Program and DLMS 6-200 Reasonable Accommodations for Employees and Applicants.
d) Employees will have the right to request the use of official time to consult with their NCFLL steward on matters relating to their accommodation request under DLMS 6-200.
e) Employees who are dissatisfied with a denied request for accommodation and seek in writing that the agency reconsider the decision, will have the right to request the use of official time to consult with their NCFLL steward.
f) Any interim accommodations being provided/afforded to an employee, pending the final decision on their Reasonable Accommodation request should be discussed at any meeting with management and the employee. The employee will have the right to request the use of official time to consult with their NCFLL steward on their interim accommodations.
g) Employees are not required to share their medical information directly with the supervisor, when requesting an accommodation under DLMS 6-200, except that they should indicate generally that they need a change in the work environment or in the way things are usually done due to a
disability, medical condition or need arising out of pregnancy, childbirth or related medical
conditions when requesting an accommodation.
h) Supervisors will only be provided with medical information that describes the manner in which
the accommodation will address the limitations of the disability and enable the employee to
perform the essential functions of the position.
i) Management will electronically distribute the MOU to all affected parties within five (5)
workdays of signatures of the parties.
____________________________
Daryl Laurie
President, NCFLL
____________________________
Nancy Nolan
Executive Vice President
AFGE, NCFLL
____________________________
Kimberly Amaya
Section Chief, Division of Employee and
Labor Management Relations (DELMR)
Office of Human Resources OASAM
____________________________
Naomi Barry-Perez
Director OASAM,
Civil Rights Center (CRC)
____________________________
Shawn K. Hooper
Chief, Division of Employee and
Labor Management Relations, (DELMR)
Office of Human Resources, OASAM
____________________________
Daryl Laurie
President, NCFLL
____________________________
Nancy Nolan
Executive Vice President
AFGE, NCFLL