1 - O presente regulamento e os seus anexos entram em vigor, no início do primeiro período de pagamento que se seguir à sua assinatura. As suas disposições serão revistas sempre que tal for julgado necessário pelo CCAA e ou pelo COMUSFORAZ. A SRT ou o seu substituto legal é designado consultor. As recomendações serão apresentadas às autoridades superiores para efeito de serem tomadas as medidas necessárias.
2 - As tabelas de remunerações anuais base anexas a este regulamento serão ajustadas anualmente após estudo adequado dos níveis de salários e práticas de remuneração correntes na ilha Terceira. As alterações salariais ficam sujeitas à concordância do COMUSFORAZ e ao comandante do Comando Aéreo dos Açores e a aprovação das autoridades superiores.
3 - Representantes do CAA, junto com representantes da SRT na função de consultores, participarão nas tarefas de recolha de dados levadas a cabo pelas USFORAZ com vista a fundamentar as alterações salariais. Essa participação incluirá especificamente a designação de empresas a serem estudadas, a identificação de cargos a servir de modelo e a explanação das descrições sumariadas das funções dos mesmos, e a recolha de dados e sua análise.
4 - O estudo definitivo dos dados e o desenvolvimento das tabelas salariais propostas serão da responsabilidade do Quartel-General do Comando da Ponte Aérea Militar e do Quartel-General da Força Aérea dos Estados Unidos. O desenvolvimento das tabelas salariais propostas far-se-á de conformidade com as especificações do Manual 1416.8-M do Departamento de Defesa e do suplemento ao Manual 532.1 dos Empregados Federais. Quaisquer desvios a estas especificações devem ser explicados em pormenor tanto ao COMUSFORAZ como ao CAA, que receberão uma explicação completa das respectivas razões.
5:
a) As recomendações destinadas à revisão deste Acordo e as questões relacionadas com a sua interpretação serão submetidas pelo CCAA ou pelo COMUSFORAZ ao Ministério da Defesa Nacional de Portugal e ao Departamento de Defesa dos Estados Unidos da América para efeito de decisão conjunta. Para efeitos de revisão e interpretação, pode o Departamento de Defesa dos Estados Unidos da América fazer-se representar pela Embaixada dos Estados Unidos da América em Lisboa;
b) As circunstâncias que conferem a qualquer das partes o direito a solicitar negociações, incluem, embora a elas não se limitem, os casos em que haja alterações ou aspectos novos das condições em que o presente Acordo foi negociado;
c) Para efeito da alínea b) supra, as alterações, os aditamentos e ou supressões que ocorram na lei portuguesa sobre trabalho ou Segurança Social que se apliquem aos trabalhadores abrangidos por este Acordo serão comunicados pela Secretaria Regional do Trabalho, conforme as circunstâncias, ao COMUSFORAZ e ao CAA para os devidos efeitos.
6 - Este Acordo permanecerá em vigor até sua substituição por novo Acordo. As tabelas de remunerações serão ajustadas anualmente em conformidade com os n.os 2, 3 e 4 supra.
7 - As versões em português e em inglês deste Acordo são ambas autênticas.
Feito em Lisboa, a 9 de Outubro de 1984 e em Washington, D. C., a 16 de Outubro de 1984.
Pelo Ministério da Defesa Nacional de Portugal:
António Jorge de Figueiredo Lopes, Secretário de Estado da Defesa Nacional.
Pelo Departamento de Defesa dos Estados Unidos da América:
Lawrence Korb, Secretário de Defesa Adjunto para Pessoal, Instalações e Logística.
ANEXO I
Tabela de salários
(Em vigor a partir de 1 de Julho de 1984)
(ver documento original)
ANEXO II
Bónus de língua inglesa
1 - Haverá 3 categorias de bónus de língua inglesa (BLI), a que correspondem as importâncias seguintes:
a) 600$00;
b) 1000$00;
c) 1300$00.
2 - Os trabalhadores que se encontrem ao serviço das USFORAZ à data da assinatura deste acordo a quem tenha sido atribuída uma das categorias de BLI, receberão as importâncias acima indicadas sem submissão a quaisquer outras provas.
3 - Os novos empregados, ou aqueles a quem não tenha sido atribuída uma categoria do BLI, submeter-se-ão ao teste de. nível de compreensão da língua inglesa (NCLI) após o que lhes será atribuída uma categoria do BLI se demonstrarem possuir as devidas qualificações.
4 - Os trabalhadores a quem tenha sido atribuida a categoria BLI, alíneas a) e b) submeter-se-ão ao teste NCLI para efeito de promoção à categoria BLI mais elevada.
ANEXO III
Transportes
Os trabalhadores ao serviço das USFORAZ têm direito a transportes de ida e volta a partir de percursos estabelecidos na área das respectivas residências para a Base Aérea n.º 4, em cada dia de trabalho.
AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF DEFENSE AND THE PORTUGUESE MINISTRY OF DEFENSE, RELATING TO THE EMPLOYMENT OF PORTUGUESE NATIONALS BY THE UNITED STATES FORCES, AZORES.
TABLE OF CONTENTS
Preamble.
Chapter I - Scope and applicable regulations:
Article 1 - Scope.
Article 2 - Special policies and programs.
Article 3 - Attachments.
Article 4 - Publication.
Article 5 - Internal regulations.
Chapter II - Classifications and professional categories:
Article 6 - Professional classification.
Article 7 - Professional classification system.
Article 8 - Professional reclassification.
Article 9 - Performance of duties not included in the position description.
Article 10 - Change in grade.
Article 11 - Personnel strength report.
Chapter III - Registration and recruitment of personnel:
Article 12 - Recruitment.
Article 13 - Registration.
Article 14 - Registers and files.
Article 15 - Civil identification and professional classification.
Article 16 - Certificate of registration.
Article 17 - Requisition.
Article 18 - Notification.
Article 19 - Priorities.
Article 20 - Referral of personnel.
Article 21 - Removal from registration lists.
Article 21 - Assistance from employment center.
Article 23 - Recruitment outside of Terceira.
Article 24 - Return transportation.
Article 25 - Requisition by name.
Article 26 - Appointment procedures.
Chapter IV - Responsibilities and rights of the parties:
Article 27 - Rights and responsibilities of the employee.
Article 28 - Rights and responsibilities of the employer.
Article 29 - Women employees.
Article 30 - Restriction of access to PAF area.
Article 31 - Identification badge.
Chapter V - Committee of employee representatives:
Article 32 - General principle.
Article 33 - Elections.
Article 34 - Constitution.
Article 35 - Meetings with COMUSFORAZ.
Article 36 - Allowance of hours.
Article 37 - Meetings of the workforce (times and place).
Article 38 - Rights of the committee.
Chapter VI - Performance of work:
Section I:
Article 39 - Trial period.
Article 40 - Appointments.
Section II:
Article 41 - Normal work periods.
Article 42 - Lunch periods.
Article 43 - Overtime.
Article 44 - Overtime work limits.
Article 45 - Work in shifts.
Article 46 - Night work.
Article 47 - Work schedules.
Article 48 - Overtime pay.
Article 49 - Special provisions for women employees.
Chapter VII - Interruption of work:
Section I - Weekly day off, holidays, vocation, and leave without pay:
Article 50 - Weekly day off.
Article 51 - Work performed on weekly day off.
Article 52 - Legal holidays.
Article 53 - Holiday pay.
Article 54 - Entitlement to leave.
Article 55 - Acquiring entitlement to leave for vacation.
Article 56 - Vacation periods.
Article 57 - Vacation pay.
Article 58 - Accumulation of vacation.
Article 59 - Scheduling of vacation.
Article 60 - Postponement of interruption of scheduled leave.
Article 61 - Employment termination effects.
Article 62 - Employment interruption effects.
Article 63 - Illness during leave.
Article 64 - Unused vacation.
Article 65 - Prohibition during leave.
Article 66 - Leave without pay.
Article 67 - Reemployment rights to position.
Section II - Interruption due to prolonged forced abscence:
Article 68 - Interruption due to forced absence on the part of the employee.
Article 69 - Return of employee.
Article 70 - Replacement of employee.
Section III - Absences:
Article 71 - Definition.
Article 72 - Justified absences.
Article 73 - Notification of absences.
Article 74 - Policies related to unjustified absences.
Article 75 - Serious disciplinary violations.
Article 76 - Effects on leave.
Chapter VIII - Pay rates:
Article 77 - Computation of pay rates.
Article 78 - Longevity increments.
Article 79 - Christmas subsidy.
Article 80 - Payroll, leave and earnings statement.
Article 81 - Social welfare contributions.
Chapter IX - Penalties and disciplinary policies:
Article 82 - Disciplinary authority.
Article 83 - Disciplinary actions.
Article 84 - Limits of penalties.
Article 85 - Procedures for administering discipline.
Article 86 - Notification of USFORAZ.
Chapter X - Termination of employment:
Article 87 - Termination with indemnity.
Article 88 - Termination without indemnity.
Chapter XI - Hygiene and safety of the workforce:
Article 89 - On-the-job accidents and occupational diseases.
Article 90 - Fatal accidents.
Article 91 - Safety officer.
Chapter XII - Grievances, complaints and appeals:
Article 92 - Processing complaints.
Article 93 - Rights of redress.
Article 94 - Arbitral commission.
Article 95 - Competent court.
Chapter XIII - Miscellaneous provisions:
Article 96 - Validity.
Attachment I - Wage schedules.
Attachment II - English language bonus.
Attachment III - Transportation.
Preamble
Agreement between the United States Department of Defense and the Portuguese Ministry of Defense Relating to the Employment of Portuguese Nationals by the United States Forces, Azores.
The United States Department of Defense and the Portuguese Ministry of Defense:
Having agreed in the Portuguese-American Defense and Cooperation Agreement to the establishment of terms and conditions of employment of Portuguese nationals by US Forces, Azores;
Recognizing the need to promote and maintain sound employment practices which will assure equality of treatment of all employees; the orderly administration and effective operation of the facilities; and continuing favorable employer-employee relations thereon; and
Believing that an agreement will be mutually beneficial;
have agreed as follows:
CHAPTER I
Scope and applicable regulations
Article 1
Scope
1 - This regulation constitutes an agreement between the Portuguese Defense Ministry and the United States Department of Defense. In administering the terms and conditions of this regulation, United States Forces, Azores (hereinafter called USFORAZ) and the Azores Air Command (hereinafter called AAC) are designated as representatives of the parties. This Agreement governs the labour relations between USFORAZ and its Portuguese employees.
2 - This regulation shall apply to all Portuguese employees directly paid by USFORAZ.
3 - This Agreement is consistent with Portuguese legislation pertaining to labour, syndical organization and social welfare.
Article 2
Special policies and programs
1 - Application of this regulation may be adjusted whenever employees are or become subject to special conditions, in all or part of their activities, due to military requirements or the characteristics of their job.
2 - The adjustments referred to in the previous paragraph shall be contained in attachments to this regulation thus becoming an integral part of it.
3 - The policy defined in the previous paragraph applies also to employees included in special programs approved by the Portuguese and American Governments.
Article 3
Attachments
Without prejudice to the provisions of the previous article, attachments to this regulation are an integral part of it and are as follows:
Attachment I - Wage schedules and longevity increments bonus schedules;
Attachment II - English language bonus;
Attachment III - Transportation.
Article 4
Publication
1 - The Portuguese language version of this regulation will be published concurrently with the English language version in the Diário da República (Journal of the Republic) as well as in the Jornal Oficial dos Açores (Official Journal of the Azores).
2 - Without prejudice to the provisions of the previous paragraph, copies of this regulation shall be maintained in all USFORAZ sections.
Article 5
Internal regulations
1 - In accordance with this regulation and applicable laws, USFORAZ may issue internal regulations concerning its Portuguese employees.
2 - The regulations referred to in paragraph 1 will be submitted to AAC (4 copies) and to the Committee of Employee Representatives for their review and comment. AAC will supply 2 copies to the Regional Secretary of Labor (SRT).
3 - AAC and the Committee of Employee Representatives agree to submit their views and opinions, as desired, to USFORAZ within thirty calendar days following receipt of such regulations. USFORAZ may publish the regulations following the thirty day time period, without prejudice to the following paragraph.
4 - If AAC or the Committee of Employee Representatives considers the proposed internal regulation to be outside the scope of this Agreement and or applicable Portuguese law, they may submit their concerns to the Ministry of National Defense in Lisbon and USFORAZ, who will negotiate the approval of the regulations in question within 30 days.
5 - USFORAZ will publish the internal regulations. Copies of the regulations will be posted in work areas at all times for reference by employees.
CHAPTER II
Classification and professional categories
Article 6
Professional classification
1 - USFORAZ employees subject to the provisions of this regulation are classified in accordance with the classification system and occupational categories referred to in article 7 and are assigned a grade in conformity with the duties of the specific position for which they were employed.
2 - Whenever an employee performs duties involving more than one grade, he will be classified according to the highest level duty which the employee regularly performs.
Article 7
Professional classification system
USFORAZ employees shall be classified in accordance with the guidelines of the official US Classification System. USFORAZ shall be responsible for maintaining an up-to-date library of classification standards, directives and guidelines.
Employees, the Committee of Employee Representatives, AAC, and SRT shall enjoy the right of unrestricted access to all such documents. Tables of occupational categories and corresponding wage schedules shall be established according to the same guidelines and shall be adopted by separate attachment to this regulation.
Article 8
Professional reclassification
1 - The implementation of a new professional classification standard or correction of a classification error cannot result in the lowering of an employee's grade or pay. Positions requiring downgrade will be identified; however, the downgrade action will not be consummated until the position becomes unencumbered.
2 - Whenever an employee disagrees with the classification of his position, he may appeal the classification decision to COMUSFORAZ. In rendering his decision, COMUSFORAZ shall consider the recommendation of the Technical Commission on Professional Classification (TCPC):
a) The TCPC is composed of one classification specialist representing USFORAZ and one classification specialist representing AAC;
b) The TCPC shall operate in HQ USFORAZ and will normally submit its recommendation to COMUSFORAZ within 2 weeks of receipt of the classification appeal. In the event the TCPC cannot reach agreement on its recommendation, both views will be submitted to COMUSFORAZ for his consideration in making a decision on the appeal.
3 - If the employee is dissatisfied with the decision of COMUSFORAZ, he may further appeal the classification of his position through the established classification appeal channels to headquarters, US Air Forve. Specific procedures for pursuing an appeal through US Air Force channels shall be contained in USFORAZ internal regulations.
4 - USFORAZ will notify the employee in writing of any change in his classification. Full details regarding the new classification shall be made available to the employee.
Article 9
Performance of duties not included in the position description
1 - An employee must perform work related to the specific position for which he was employed, except as provided in following paragraph 2.
2 - An employee may be temporarily assigned duties not included in the position description when USFORAZ interests so require it, as long as this change does not entail a reduction in pay or a substantial change in his position.
3 - An employee is entitled to a temporary promotion whenever the performance of higher graded duties lasts more than 30 days. In such cases the temporary promotion becomes effective from the beginning of the performance of those duties.
4 - Whenever the temporary performance of new duties lasts more than 6 months, the promotion will become permanent and the worker will be entitled to the highest grade corresponding to those duties. Whenever the temporary promotion is caused by another employee's forced absence under provisions of article 68, however, the employee will not be permanently promoted until the obligation to the absent employee has ceased.
5 - Whenever the situation referred to in paragraph 3 lasts more than 30 consecutive days, the employee who remains on the rolls can be required to return to his former position only to allow for the reinstatement of the former incumbent to whom the position may be obligatory.
Article 10
Change in grade
1 - USFORAZ cannot reduce an employee's professional category or his class within a respective category. Exceptions to provisions of this section include:
a) Cases where an employee serving under a temporary promotion is returned to his former position;
b) Cases in which an employee voluntarily and for his own convenience requests transfer to a different professional category or lower class. Such request must be in writing and will be approved by AAC after consultation with SRT;
c) Cases meriting separation under article 87 and where, at the option of USFORAZ, continued employment in a different category or class is offered in lieu of separation;
d) Cases in which an employee is unable to perform the full range of duties of his position due to a confirmed medical infirmity and continued employment in a different category or class is offered in lieu of separation. In such cases, the employee may be reassigned immediately following the initial medical determination, however, the case will be forwarded through AAC to the Centro de Prestações Pecuniárias da Segurança Social (CPPSS) for review.
2 - Whenever the employee accepts continued employment under conditions outlined in paragraph 1, c) and d), above, the employment shall be with no loss of pay and benefits as provided by this regulation.
3 - The employee assigned to a lower grade shall receive his current rate of pay, plus one-half of any wage increase granted his former position until the scheduled rate for his new position meets or exceeds his retained rate of pay.
4 - Employees subject to the provisions of paragraph 1, d), who decline continued employment under paragraphs 2 and 3 may be terminated under the provisions of article 88.
Article 11
Personnel strength report
1 - USFORAZ will prepare a personnel strength report containing the name, age, date of appointment, grade, class, pay rate, and CPPSS beneficiary number of each employee as of 31 March of each year. The report will be prepared in quadruplicate and will be furnished AAC by 31 May.
2 - A copy of the report will be kept by USFORAZ. USFORAZ will forward one copy to the Committee of Employee Representatives and two copies to AAC. AAC will provide one copy to the Regional Secretary of Labour.
3 - The provisions of this article apply to all changes resulting from promotions, appointments, separations and other circumstances which must be reported on a monthly basis.
CHAPTER III
Registration and recruitment of personnel
Article 12
Recruitment
AAC is responsible for recruitment of USFORAZ employees.
Article 13
Registration
1 - Individuals desiring to work for USFORAZ must register with SRPC (Civilian Personnel Recruitment Section).
2 - SRPC will always request the assistance of the Employment Centre of Angra do Heroísmo (CEAH).
3 - Individuals barred from entering areas under the jurisdiction of the Portuguese Air Force cannot register with SRPC.
Article 14
Registers and files
1 - SRPC shall set up the necessary registers and files so that individuals applying for work who meet the necessary requirements will be listed by professional categories and classes in order of seniority of registration.
Qualification in more than one category or class permits the registration of any individual in as many categories or classes.
2 - These registers and files shall include information pertaining to length of service, work performed, education, technical or professional qualifications, special skills and other information needed to determine employment priority in accordance with this article and article 19.
Article 15
Civil identification and professional classification
1 - Registrants shall furnish the SRPC proper civil identification and any other documents which may be required for completion of the registration cards.
2 - Whenever the professional trade license constitutes an essential certificate for the practice of an occupation the registrants shall present it at the time of registration. The loss of a trade license during the registration period will disqualify the registrant from employment. The loss of a trade license during employment by court decision without appeal may justify termination in accordance with article 88, paragraph 2, c), dependent upon the circumstances surrounding such loss.
Article 16
Certificate of registration
All personnel registered with SRPC will be given a certificate of registration indicating their registration number as well as other necessary information in conformity with the provisions of the previous paragraph.
Article 17
Requisition
1 - Requests for personnel to be employed by USFORAZ will be made directly to SRPC through the Central Civilian Personnel Office (hereafter referred to as CCPO).
2 - The request shall include information pertaining to occupation, number of individuals required and any other pertinent information.
Article 18
Notification
1 - In order to fill the requests, SRPC will notify the personnel who meet the requirements to report as soon as possible.
2 - Urgent notification may be made by telegraph of telephone call which will be paid by USFORAZ.
Article 19
Priorities
1 - The following order of priorities will be observed when making the notifications referred to in the previous paragraph:
a) Former USFORAZ employees who have done the same type of work required by the position to be filled and who have been separated for any reasons which do not preclude reemployment (the only exceptions is just cause);
b) Candidates who have completed a professional course which qualifies them for the position to be filled.
2 - Without prejudice to the provisions of paragraph 1 notification of personnel within a given occupation will be based upon order of registration from among those who meet the necessary qualifications with the exception of those notified under the provisions of the following paragraph and article 25.
3 - For supervisory positions, USFORAZ may select an individual from each career field with the necessary qualifications for the position to be filled without having to follow the order of recruitment established herein.
Article 20
Referral of personnel
Whenever the request for personnel is made in accordance with article 17, the requesting agency may request referral of 3 individuals with the necessary qualifications for selection, test or interview purposes.
Article 21
Removal from registration lists
The following individuals will be removed from the registration list of personnel seeking employment:
a) Personnel notified for selection purposes who do not report within 4 days without a valid reason;
b) Personnel referred for appointment who do not report within 48 hours without a valid reason;
c) Personnel who refuse an employment offer within their occupation and pay grade without a valid reason.
c) Take disciplinary action;
d) Assign work, make selections for appointment, determine qualifications of employees.
2 - The following are the responsibilities of the employer:
a) Respect employees as an integral element of the organization and treat them with civility;
b) Pay employees a fair and adequate wage;
c) Provide employees with good working conditions, from both a physical as well as a morale standpoint;
d) Contribute to the increase of employees' levels of productivity;
e) Compensate employees for damages caused by occupational diseases or injuries sustained from on-the-job accidents; USFORAZ may transfer this responsibility to an insurance company;
f) Not deny employees' rights or guarantees;
g) Not permanently transfer an employee off Terceira Island unless such a transfer is acceptable to the employee;
h) Provide certificates of conduct and professional competence in accordance with USFORAZ internal regulations;
i) Counsel workers to act in such a way as to favorably influence worker performance and working conditions;
j) Award those employees who have distinguished themselves for their competence, zeal or dedication, in accordance with internal regulations;
k) Allow an employee to hold office in labor union organizations, welfare institutions, or to be a member of the Committee of Employee Representatives; and
l) Comply with all the terms of the employee work contracts.
3 - Without prejudice to the previous paragraphs, USFORAZ may take the necessary actions to carry out its mission during emergencies.
Article 29
Women employees
1 - Women employees are entitled to the following without loss of pay:
a) A womans is excused from performing tasks considered medically inadvisable for her condition during pregnancy and up to 3 months after delivery;
b) To be absent from work during 90 days during her maternity period without a reduction in her vacation period or time in service. 60 of those days must be taken immediately after delivery and the remaining 30 days must be taken in their entirety or in part before or after the delivery.
2 - If the child is hospitalized after delivery, maternity leave may be interrupted, as long as the child is in the hospital, and resumed from the time hospitalization terminates until the end of the maternity leave period.
3 - In the event of a miscarriage or still-born delivery, the maternity leave Period will be a maximum of 30 days.
4 - Entitlement to maternity leave terminates in case of death of the live birth child, but a rest period of 30 days will always be assured.
5 - If the employee cannot return to work at the end of the period referred to in paragraph 1, b), the period may be extended under the provisions of article 68, paragraph 1.
Article 30
Restriction of access to PAF area
AAC may restrict the access of Portuguese nationals employed by USFORAZ or its concessionaires to areas under the jurisdiction of PAF either temporarily or permanently whenever justified. USFORAZ may take action under article 74, with respect to employees temporarily restricted, and under article 88, with respect to employees permanently restricted without further appeal.
Article 31
Identification badge
1 - As a security measure, personnel employed under the provisions of this regulation must carry an identification badge which conforms to the model provided in the instructions for issuance of entrance passes to Air Base No. 4.
2 - USFORAZ has the authority to require that the aforesaid badge or other acceptable identification be conspicuously worn in designated areas for justified reasons.
CHAPTER V
Committee of employee representatives
Article 32
General principle
Portuguese USFORAZ employees have the right to be represented by a Committee of Employee Representatives (hereafter referred to as Committee).
Article 33
Elections
1 - The Committee will be elected bi-annually from lists of candidates proposed by permanent employees through secret ballot according to the principle of proportional representation.
2 - The proposed lists of candidates must be ensued by the acting Committee or a minimum of 10% of the permanent employees. No employee may endorse or be included in more than one list.
3 - Elections will be called a minimum of 15 days in advance by the acting Committee or a minimum of 10% of the permanent employees. Ample publicity of the elections will be made, indicating specifically the date, place, and time that voting will take place. A copy of the notice of elections will be forwarded to COMUSFORAZ and AAC at the same time.
4 - The elections will be held in the work area during duty hours.
5 - A permanent employee's right to elect or be elected cannot be prejudiced by reason of his age or position.
6 - After approval by COMUSFORAZ and AAC, the electoral laws will be published concomitantly with the notice of the first elections which follow publication of this regulation.
7 - USFORAZ shall not be responsible for any expenses incurred incident to the elections.
Article 34
Constitution
1 - The Committee will be composed of 5 members.
2 - The Committee will advise COMUSFORAZ regarding employee interests and concerns.
3 - Without prejudice to the provisions of this regulation, the Committee members are entitled to the protection provided by internal Portuguese law to members of employee representative committees.
Article 35
Meetings with COMUSFORAZ
The Committee is entitled to meet with COMUSFORAZ or his designated representative once every month for discussion and review of matters within its area of responsibility.
Article 36
Allowance of hours
1 - Committee members are entitled to twenty hours per month for exercise of their Committee activities. This allowance may not be carried over from one month to another. Additional hours, to a maximum of 40 hours per month, may be granted by COMUSFORAZ in unusual circumstances.
2 - Without prejudice to article 38, paragraph 5, and prior to exercising Committee responsibilities according to this article, Committee representatives must advise their supervisor prior to leaving the worksite of the time of their departure, their destination, the anticipated time of their return, and the fact that their absence is related to functions of the Committee.
3 - At all times not specified in paragraph 1 above, Committee members are required to perform their normal duties.
Article 37
Meetings of the work force (place and time)
The Committee may convene general meetings of the work force subject to the provisions of this regulation. These meetings will take place outside of the Air Base No. 4 area and during normal off duty hours.
Article 38
Rights of the Committee
1 - The Committee shall have the following specific rights and responsibilities:
a) Be provided a copy of the USFORAZ annual personnel report, in accordance with article 11;
b) Be provided a copy of the USFORAZ monthly report of personnel changes resulting from promotions, appointments, separations, and other circumstances in accordance with article 11;
c) Meet with COMUSFORAZ or his designated representatives every month, as provided by article 35;
d) Call general meetings of workers, in accordance with article 37;
e) To elicit input from the employees regarding work related matters;
f) To disseminate information to employees regarding work related matters;
g) Oversee elections for members to the Committee;
h) Be provided a copy of all proposed disciplinary actions in accordance with applicable Portuguese law as it pertains to dismissals; and
i) To otherwise represented the legitimate interests of the employees they represent at the levels of COMUSFORAZ, AAC and SRT.
2 - Prior to their implementation, the following will be submitted to the Committee for its review and comment:
a) Proposal for USFORAZ internal regulations, in accordance with article 5;
b) Proposal for USFORAZ uncommon tours of duty and changes to work schedules, in accordance with article 47;
c) Proposed changes to USFORAZ position classification standards and methods used for internal promotion;
d) Proposed changes to this regulation as provided by article 96, and
e) Proposed changes of a substantial nature in matters affecting employment and working conditions.
3 - Except for paragraph 2, b), above, the opinion referred to in the previous paragraph must be submitted within a maximum of 15 days from date of receipt of the request in writing. Responses to paragraph 2, b), will be required within 5 working days. These periods may be extended by mutual consent if the range and complexity of the matter so requires it.
4 - If an opinion is not submitted within the time periods referred to in the previous paragraph, the requirement specified in paragraph 2 will be considered fulfilled.
5 - The exercise of military and administrative authority on the part of USFORAZ, or its operations, cannot be prejudiced by the exercise of the Committee's rights and duties.
Article 22
Assistance from employment center
1 - If SRPC does not have qualified personnel registered with the desired occupation, it will request the necessary personnel from the CEAH.
2 - If CEAH is unable to provide qualified personnel for requested occupations they may advertise the vacancy in local newspapers. Such advertisements will be paid for by USFORAZ.
Article 23
Recruitment outside of Terceira
If it becomes necessary to recruit personnel with the required qualifications off Terceira Island, a USFORAZ representative may go to the other islands of the Azores and Madeira Archipelagos or to the mainland to contract the necessary personnel in accordance with the information provided by the Regional Secretary of Labor.
Article 24
Return transportation
USFORAZ will provide employees contracted under the provisions of article 23 return transportation to their usual place of residence upon termination of the work contract.
Article 25
Requisition by name
Former USFORAZ employees may be requested by name provided they performed the same type of work and are otherwise eligible for employment.
Article 26
Appointment procedures
1 - Personnel who have been selected for appointment will report to the USFORAZ CCPO, which will prepare individual employment proposals and forward these to SRPC for completion of processing after said candidates have accomplished the required medical exams and skill tests as well as other requirements.
2 - Individual employment proposals will be prepared in triplicate.
CHAPTER IV
Responsibilities and rights of the parties
Article 27
Rights and responsibilities of the employee
1 - The following are the rights of the employee:
a) USFORAZ employees shall be protected in the exercise of their rights freely and without fear of penalty or reprisal from either party;
b) This regulation does not prevent employees from bringing matters of personal concern to the attention of appropriate officials;
c) Employees have the right to conduct their private lives as they deem fit. Employees shall have the right to engage in outside activities of their own choosing without being required to report to USFORAZ on such activities, except when such outside activities interfere with the official USFORAZ duties or are construed to conflict with USFORAZ mission requirements;
d) Neither USFORAZ nor AAC will coerce in any manner and require employees to invest their money, donate to charity, or participate in activities, meetings, or undertakings not related to their performance of official USFORAZ duties nor will any reprisal action be made by USFORAZ or ACC against an employee who refrains from such activity.
2 - The following are the responsibilities of the employee:
a) To comply with established laws and military regulations applicable within the scope of article 1;
b) To report to work at the legally established time and to remain on duty during work hours;
c) To perform assigned duties intelligently, conscientiously and to the best of his ability and to act honestly, fairly and impartially in his position;
d) To comply with his supervisor's instructions accurately and promptly;
e) To strictly observe military security regulations. An employee will not discuss or disclose any information brought to his attention by virtue of his duties;
f) To treat with respect and loyalty his supervisors, subordinates and other workers in the same organization of equal or lower grade, both on and off duty;
g) To be courteous in their relations with each other and the public in general;
h) To help one another whenever job interests so require;
i) To observe strict compliance with rules of health and safety;
j) To observe ideological and political impartiality in the performance of occupational activities; and
k) To fully comply with the terms of the work contract.
Article 28
Rights and responsibilities of the employer
1 - In accordance with this regulation and applicable Portuguese law, the following are the rights of the employer:
a) Determine its mission, budget, organization and number of employees;
b) Him, assign, direct, lay off and retain employees;
CHAPTER VI
Performance of work
SECTION I
Article 39
Trial period
1 - Considering the special nature of the work performed by USFORAZ, new employees will be required to serve the following trial periods:
a) Employees are considered to be on a trial basis for the first 30 days of employment;
b) The period defined in the above subparagraph does not apply to positions such as accounting and engineering technicians, mechanical maintenance and repair technicians, aircraft and electronic equipment maintenance technicians, skilled tradesmen and craftsmen, supervisors, fire fighters and others requiring prolonged training and development which require a greater trial period due to the technical complexity or elevated degree of responsibility of such jobs or duties. The greater trial period shall not exceed 4 months. In such cases, the duration of the trial period shall be specified in the employment contract.
2 - During the probationary period following selection in a permanent or temporary appointment, an employee may be separated for sub-standard performance and/or misconduct without advance notice or indemnity.
3 - During the probationary period following selection to a permanent or temporary appointment of an employee, the immediate supervisor will make the determination in accordance with USFORAZ internal directives as to whether his subordinate employee meets the general character traits and qualification for continued employment with USFORAZ. If a determination is made to separate the employee, his future selection into a USFORAZ position must be approved by COMUSFORAZ prior to appointment action. If such approval is granted, the time spent during the first probationary period will not be considered creditable service for any reason.
4 - If the employee remains employed with USFORAZ during the entire probationary period, that time will count for length of service purposes.
Article 40
Appointements
1 - An employee of USFORAZ must be selected to serve under a permanent or temporary appointment, with corresponding conditions as set forth in this regulation. As a permanent employee, he may be selected to work in either a full-time or part-time schedule. A temporary employee may work either a full-time or part-time or intermittent schedule.
2 - Employees selected for temporary employment must be appointed on a time limited basis not to exceed 6 months. The employment period must be stated in a written document effectuating the appointment and be signed by the employer and employee. Prior to expiration of the appointment period, the employee must be given at least an 8 calendar day notice of his termination. In the event the required notice is not given, the employee shall be extended automatically for an additional like period. The appointment can be successively renewed in like manner up to a maximum of three years. After that time, the appointment becomes permanent and seniority will be counted from the date of initial employment. If, however, the temporary employment is caused by another employee's forced absence pursuant to article 68, paragraph 1, the temporary appointment will continue until the obligation to the absent employee has ceased.
3 - USFORAZ may utilize part-time and intermittent employees as necessary for economical operation. Placement preference for part-time and intermittent employees will be given to individuals with family obligations or with impaired work capability, provided they are qualified for the available jobs. Full-time employees of USFORAZ are not eligible for part-time employment, but may be considered for intermittent employment. Part-time employees may also be considered for intermittent employment. In no case, however, may an employee work more than 48 hours within a workweek.
4 - The employment of part-time employees shall be subject to the following provisions, without prejudice to the provisions of paragraphs 1 and 2 above:
a) A part-time employee shall have an established work schedule. The work schedule shall have fewer hours per week than the full-time work schedule as defined by article 41, but shall constitute no less than 2 consecutive hours per workday and 18 hours per workweek. The work schedule and salary will be explained and accepted by the applicant prior to final selection;
b) The minimum hours per week as explained above can be changed to a minimum of 12 hours per week for part-time employees of the open messes if the workdays are limited to either fridays, saturdays, or sundays. Neither of the 2 workdays, however, shall consist of less than 4 consecutive hours;
c) Placement consideration for full-time positions will be extended to part-time employees.
5 - The employment of intermittent employees shall be subject to the following provisions, without prejudice to the provisions of paragraphs 1, 2, and 3, above:
a) Employees selected for intermittent jobs may be called to work on an «as needed» basis or for regularly scheduled tours of duty which consist of less than 18 hours per week. The intermittent nature of the employment will be stated in writing and signed by the employer and employee;
b) Individuals employed as intermittent employees shall be entitled to an hourly wage for the hours actually worked and shall be covered by on-the-job accident insurance during the actual work period. Applicable social welfare deductions shall be made with regard to amounts earned. Other benefits for intermittent employees shall be equivalent to those afforded to other employees, unless otherwise noted.
SECTION II
Article 41
Normal work periods
1 - The basic workweek is defined as the days and hours of the week which make up the full-time employee's scheduled workweek:
a) Without prejudice to paragraph 2, a), of this article, the basic workweek for workers included in LGS classification schedule consists of 40 hours within the week, and is regularity scheduled as monday through friday, 8 to 17.
b) Workers classified in the LWG classification schedule may be scheduled 88 hours within 2 weeks which will be scheduled by USFORAZ as follows:
1) 44 hours per week, or
2) A combination of 40 and 48 hours on alternative weeks. The regularly scheduled 40-hour week is 8 to 17, monday through friday. For 44-hour weeks the regular schedule is 8 to 17, monday through friday and 8 to 12 on saturday. The regularly scheduled 48-hour week is 8 to 17, monday through saturday.
2 - An uncommon tour of duty is defined as any basic workweek schedule which deviates from the regularly scheduled workweek. Without prejudice of the provisions of article 47, paragraph 2, uncommon tours of duty may be established when necessary for efficient operations. Uncommon tours must be established for employees in the following positions:
a) The basic workweek for firefighter personnel is established at 48 hours within the workweek - 2 shifts of 24 hours each. Pay for this basic workweek will be 44 hours at the basic hourly rate and four hours at the basic hourly rate plus 50%;
b) The basic workweek for security guard personnel is established at 45 hours within the workweek - 5 days of 9 hours each. Pay for this basic workweek will be 40 hours at the basic hourly rate and 5 hours at the basic hourly rate plus 50%.
Article 42
Lunch periods
1 - The normal work day period referred to in the previous article will be interrupted by a lunch period of 1 hour after 4 or 5 consecutive hours of work.
2 - In special and properly justified cases, AAC may authorize changes in the lunch period with SRT approval.
3 - Lunch periods scheduled in accordance with the provisions of the previous paragraph shall not exceed 2 hours or be less than 30 minutes.
4 - 30 minutes lunch periods are granted only to employees who work in shifts. In this case, the lunch period will be counted as time worked.
Article 43
Overtime
1 - Overtime is defined as authorized and approved work in excess of either the scheduled workday or basic workweek as defined by article 41.
2 - Overtime work can be performed for the following reasons only:
a) When USFORAZ must meet special, time-critical, or increased work requirements, or
b) In cases of unforeseeable and unavoidable circumstances, including Acts of God.
3 - Without prejudice to the provisions of paragraph 2 of the following article, employees may be excused from performance of overtime upon presentation of acceptable justification.
Article 44
Overtime work limits
1 - As rule, each employee cannot perform more than two hours overtime per day up to a maximum of 240 hours per year.
2 - These limits may be exceeded:
a) When work requirements cannot be met otherwise and local labor conditions do not permit another solution; or
b) In cases specified in paragraph 2, b), of the previous article.
3 - Whenever possible, in the cases specified in paragraph 2, a), above, the increase in overtime must be previously authorized by AAC with SRT concurrence. When circumstances do not permit prior authorization, USFORAZ will advise SRT through AAC of the overtime performed.
4 - In the cases specified in paragraph 2, b), USFORAZ will record as far in advance as possible each hour of overtime in an overtime control log indicating the reasons.
Article 45
Work in shifts
1 - Activities requiring 24-hour manning or those which, due to special circumstances, require a longer manning period each day, may be organized in shifts.
2 - Whenever possible, shifts should be organized in accordance with the employee's interests and preferences.
3 - Each shift cannot exceed the normal work day period limits established in article 41.
4 - A change in shift can only be made following the employee's weekly day off.
Article 46
Night work
1 - Work performed between 20 and 7 is considered night work.
2 - USFORAZ employs workers in four separate categories:
a) Workers whose work contract specifies a rotating shift schedule;
b) Workers whose work contract specifies a permanent shift other than the day shift (8-17);
c) Workers whose work contract specifies an uncommon tour of duty in accordance with article 41, paragraph 2; and
d) Workers on the day shift.
3 - For workers in categories paragraph 2, a), b), and c), above, a night differential premium of 25% of the employee's basic hourly rate is established for all work performed between 20 and 7 hours.
4 - For workers in category paragraph 2, d), above, a night differential premium of 50% the basic hourly rate is established for all work performed between 20 and 7.
5 - Those employees who have been permanently assigned to a shift since 1972 for which night differential is appropriate shall be entitled to a 50% differential.
6 - Should the annual wage survey specified in article 96 reflect that the majority (more than 50%) of the companies surveyed pay a different night differential rate than that specified above, the USFORAZ rate will be adjusted accordingly.
Article 47
Work schedules
1 - Work schedules established by USFORAZ in accordance with applicable provisions will be conspicuously posted in all work areas subject to this regulation.
2 - Work schedules for USFORAZ employees on uncommon tours of duty or working in shifts, as defined in article 41, paragraph 2 and 45, paragraph 1, will be submitted to AAC and SRT for approval.
3 - The Committee of Employee Representatives will be provided a copy of all changes to organization work schedules for their review and comment.
Article 48
Overtime pay
1 - Except as provided in paragraph 2, below, overtime work shall be computed at a premium rate of 100% of the basic hourly rate established in accordance with article 77.
2 - Employees whose work schedule specifies regularly scheduled overtime will be paid at a premium rate of 50% of the basic hourly rate for the regularly scheduled overtime and at a rate of 100% for overtime in excess of the regularly scheduled overtime.
3 - Should the annual wage survey specified in article 96 reflect that the majority (more than 50%) of the companies surveyed pay a different overtime rate, the USFORAZ overtime rate will be adjusted accordingly.
Article 49
Special provisions for women employees
1 - Women employees subject to the provisions of this regulation cannot perform work before 7 and after 20 except in special cases approved by AAC after consultation with SRT.
2 - USFORAZ is required to excuse women employees with family responsibilities from performance of overtime work whenever they so request. Said excusal cannot result in less favourable treatment.
CHAPTER VII
Interruption of work
SECTION I
Weekly day off, holidays, vacation, and leave without pay
Article 50
Weekly day off
1 - Employees subject to the provisions of this regulation are entitled to a weekly day off which, as a rule, will be Sunday.
2 - Activities whose operation on Sunday is authorized by law will schedule the day off according to the operation of those activities.
3 - When work is performed in shifts, shifts must be established so that employees have a day off within each 7 days.
4 - USFORAZ will schedule the day off refered to in the previous paragraph to fall periodically on a Sunday at least 4 times a year.
5 - Whenever the work schedule so permits, employees will be given an additional day or half-day off which will precede the day off defined in paragraph 1.
6 - Employees belonging to the same household shall be given the same weekly day off whenever possible.
Article 51
Work performed on weekly day off
1 - An employee may be required to work on his weekly day off only when a mission essential requirement exists; in cases of serious accidents or imminent serious losses and damages.
2 - SRT shall be notified thru AAC of the situations specified in paragraph 1 within 48 hours.
3 - Personnel required to work during the period referred to in the previous paragraph shall be paid at a rate of 200% and shall be entitled to a day off on one of the 3 following days.
Article 52
Legal holidays
The following are considered legal holidays:
1) New Year's Day - 1 January;
2) Mardi Gras - Variable;
3) Day of Liberty - 25 April;
4) Good Friday - Variable;
5) Day of the Worker - 1 May;
6) Corpus Christi - Variable;
7) Espirito Santo Monday - Variable;
8) Day of Portugal - 10 June;
9) Praia da Vitora (municipal holiday) - Variable (If granted employees by Air Base n.º 4);
10) Assumption Day - 15 August;
11) Founding of the Republic - 5 October;
12) All Saints' Day - 1 November;
13) Restoration of Independence - 1 December;
14) Immaculate Conception - 8 December;
15) Christmas Day - 25 December.
Article 53
Holiday Pay
1 - All employees shall be paid for the holidays referred to in the previous article when the holidays fall on a regular day of work.
2 - When the holiday falls on a regularly scheduled non-work day, the employee shall not be entitled to any remuneration or additional day off for such holiday.
3 - Personnel required to work on a holiday shall be paid at a rate of 200% of the basic pay.
4 - In the event that COMUSFORAZ authorizes any additional holidays over and beyond those authorized in article 52 above, those employees released to observe the additional holiday will receive their regular remuneration; however, declaration of such holidays does not obligate USFORAZ to the provisions of paragraph 3 above.
Article 54
Entitlement to leave
1 - All USFORAZ employees shall be entitled to accrue and use leave for vacation, personal and emergency purposes.
2 - A new employee must have been on the rolls in a pay or non-pay status for a continuous period of 30 calendar days from the date of his appointment before leave can be available for use.
3 - Entitlement to leave is undeniable and the actual use of leave cannot be substituted, except as expressly authorized herein, by any compensation, monetary or otherwise, even with the employee's consent.
Article 55
Acquiring entitlement to leave for vacation
1 - Entitlement to leave for vacation is based upon work performed in the previous calendar year. Leave is earned as of January 1, except when employment begins during the first semester of the calendar year. In this case, an employee shall be entitled to a vacation period of 10 consecutive days after completion of the trial period.
2 - Entitlement to leave for vacation is not subject to an employee's assiduity or time in service, except as specified in article 74, paragraph 2.
Article 56
Vacation periods
1 - The annual vacation period will be as follows:
a) 16 work days for an employee on an indefinite appointment with less than 2 years of creditable service as of 1 January of the respective year, except for employees on the 88 hours schedule who will earn 18 work days;
b) 24 work days for employees on an indefinite appointment with 2 years or more of creditable service as of 1 January of the respective year;
c) 2 work days for each complete month of service if an employee is on a temporary appointment.
2 - Employees may use their leave on a daily basis. However, employees will be encouraged to schedule the major portion of their annual leave for a single period of absence.
3 - For purposes of determining the complete month of service referred to in paragraph 1, c), all of the days in which work was performed, both consecutive and interpolated, will be counted.
Article 57
Vacation pay
1 - The remuneration owed during the vacation period cannot be less than the amount an employee would receive if he were actually working. Said remuneration shall be paid prior to the onset of employee's vacation period.
2 - In addition to the remuneration mentioned in the previous paragraph, employees are entitled to a vacation subsidy equal to 100% of said remuneration.
3 - Said subsidy shall be paid in a lump once annually on the payday prior to the vacation, or major portion thereof, if the vacation period is segmented. The subsidy cannot be carried over to the next year. Therefore, if the employee does not take his annual leave and carries it over to the next year, he will be paid his subsidy for the previous year on the payday covering the first pay period of the new calendar year.
4 - The reduction in vacation period authorized in article 72, paragraph 2 does not entail a corresponding reduction in remuneration or vacation subsidy.
Article 58
Accumulation of vacation
1 - Vacation should be taken during the course of the calendar year in which earned.
2 - As an exception, if important personal or family reasons are involved, employees may request that their vacation period be carried over for accumulation in order to take it with the vacation period of the following year.
3 - The maximum amount of vacation period that may be varied forward from one calendar year to another is 24 work days. Any days to the employee's credit which at the end of the calendar year would exceed 24 work days must be taken prior to the end of the calendar year or lost.
Article 59
Scheduling of vacation
1 - The vacation period should be scheduled by mutual agreement between USFORAZ and the employee.
2 - If there is no agreement, USFORAZ shall prepare the vacation schedule after advising the Committee of Employee Representatives regarding this matter.
3 - In the case specified in paragraph 2, USFORAZ may only schedule the vacation period between 1 May and 31 October.
4 - The final vacation schedule shall be completed and posted in all work sections no later than 15 April of each year.
5 - Employees belonging to the same household shall the option of taking their yearly vacation period at the same time, unless a determination is made that priority job requirements exist.
Article 60
Postponement or interruption of scheduled leave
1 - Whenever an employee's scheduled use of the major portion of his leave must be postponed or interrupter due to imperative operational requirements of USFORAZ, the employee may be entitled to a compensation. The compensation will be paid in the event an employee sustains direct monetary losses as a result of the interruption of his leave. The employee is responsible for verifying the amount of direct monetary loss and the compensation will be limited to that amount.
2 - Wenever an employee's scheduled use of the major portion of his leave is interrupted by USFORAZ, one-half of that leave period must be taken without interruption.
3 - The vacation periodo must be rescheduled whenever an employee is temporarily unable to begin his scheduled vacation period due to reasons beyond his control.
4 - Any postponed leave will be rescheduled for a time acceptable to USFORAZ and the employee. If an employee's leave is rescheduled into a subsequent calendar year, he shall not be subject to the limitation otherwise imposable under article 58.
Article 61
Employment termination effects
1 - Upon termination of employment, USFORAZ pay the employee the remuneration equivalent to a proportional vacation period of the time in service during the yar of termination. The same procedure shall be applied with respect to the remuneration owed for vacation subsidy.
2 - If employment is terminated before the vacation period earned at the beginning of that year is taken, the employee will be entitled to receive the remuneration equivalent to that period. The same procedure shall be applied with respect to the remuneration owed for vacation subsidy.
3 - The vacation period referred to in paragraph 1 and 2 shall count as time in service if not taken.
Article 62
Employment interruption effects
1 - If the employee is unable to take all or part of his earned vacation during the year in which the work contract is interrupted due to prolonged forced absence under article 68, he shall be entitled to a remuneration equivalent to the unused vacation period and the corresponding subsidy.
2 - Upon termination of the prolonged forced absence, the employee shall be entitled to the vacation period and corresponding subsidy that he would have earned in January of that year as if he had not been absent from work.
3 - The vacation days in excess of the number of days occurring between the time the employee reports for work at the end of his forced absence and the end of the calendar year in which the forced absence took place shall be used during the first three months of the following year.
Article 63
Illness during leave
1 - If the employee becomes ill while on leave, his leave will be interrupted as long as USFORAZ is informed of the illness. The remainder of the leave can be used upon termination of the illness or as agreed upon by both parties.
2 - Proof of illness in the situation specified in the previous paragraph may be provided by a hospital, a social security physician, or by a medical certificate.
Article 64
Unused vacation
Each employee must be provided an opportunity to use all vacation earned on 1 January of each year in that year. If USFORAZ denies the employee the opportunity to use that vacation, the employee shall receive three times the remuneration equivalent to the vacation denied.
Article 65
Prohibition during leave
1 - An employee may not engage in any other paid activity during his leave unless he had already been engaged in such activity cumulatively or USFORAZ so authorizes him.
2 - Violations to the provisions of this paragraph entitle USFORAZ to recover the remuneration equivalent to the leave. The provisions of this paragraph do not preclude disciplinary action against the employee.
Article 66
Leave without pay
1 - USFORAZ may approve leave without pay at the request of the employee, not to exceed 1 year. If unusual circumstances warrant, this period may be extended by USFORAZ.
2 - The period of leave without pay is creditable for length of service purposes but not for accrual of leave.
3 - During said period, the rights, responsibilities and guarantees of the parties are terminated since they presuppose the actual performance of work.
Article 67
Reemployment rights to position
1 - The employee in a leave without pay status pursuant to article 66 has the right to return to his position, up to 1 year. If the employee has been granted an extension under article 66, paragraph 1, the right to return will also be extended for a like period.
2 - A substitute for the employee in a leave without pay status may be hired on the basis of a temporary appointment.
SECTION II
Interruption due to prolonged forced absence
Article 68
Interruption due to forced absence on the part of the employee
1 - When it becomes known that an employee will be absent for more than 30 calendar days due to reasons beyond his control, such as illness or accidents, the work contract is suspended and the rights, responsibilities and guarantees of the parties are terminated since they presuppose the actual performance of work. An employee under a permanent appointment must be notified in writing of the following prior to suspension of the work contract:
a) Upon suspension of the work contract, the position will become obligated for the employee until such time as the employee is able to return to the position;
b) If the employee recovers, he may return to his position upon medical certification from Social Security that he is capable of performing the specific duties of his position;
c) Whenever it becomes certain that the employee will be unable to return to work, the obligation will cease.
2 - When it becomes known that an employee will be required to enter the Portuguese military services, the work contract is suspended and the rights, responsibilities and guarantees of the parties are terminated since they presuppose the actual performance of work. The employee who is under a permanent appointment will be informed in writing that his position will become obligated for a term equal to his term of obligated military service and that he will have return rights to the position or to an equivalent position at the same grade level.
3 - If the appointment is of a temporary nature, the interruption does not preclude its termination at the end of the appointment period.
4 - The provisions of this section guaranteeing return rights do not apply to intermittent employees or employees terminated within the probationary period.
Article 69
Return of employee
1 - When the ill employee under the previous article returns to duty, he will be placed in his former position or another position having the same grade and classification. The return to duty must be effected within 15 days from the date USFORAZ receives notice of the employee's availability.
2 - When the employee is discharged from the military service and desires to return to the position to which he has return rights according to the previous article, he must notify CCPO in writing not later than 30 calendar days following discharge. Failure to comply with this time limit will negate his entitlement to return to the position without competition, and the obligation on the position will be rescinded.
3 - The periods of absence noted in paragraphs 1 and 2 above will be creditable service for length of service purposes.
Article 70
Replacement of employee
A position which becomes obligated for the reasons stated in article 68 may be filled temporarily. The employee or applicant who is selected for the obligated position will be informed in writing of the appointment prior to final selection. If the selected must be hired rather than internally reassigned or promoted to assume the position, he will receive a temporary appointment pursuant to article 40.
SECTION III
Absences
Article 71
Definition
1 - An employee is considered absent when he is not present during his normal duty hours.
2 - When an employee is absent from work for shorter periods than his normal duty hours, the individual absences will be added to determine the normal workday periods for which he was absent.
3 - In cases where the normal workdays are not equal, the shortest period will always be considered as the complete workday when applying the provisions of the previous paragraph.
4 - Employees with variable work schedules will be charged a day of absence when they do not perform work during a period of scheduled duty hours.
Article 72
Justified absence
1 - The following justified absences may be taken without charge to leave and without loss of pay or benefits. Employees are required to prove the veracity of the facts to their immediate supervisor for such absences:
a) Marriage: not to exceed 11 consecutive calendar days;
b) Death of spouse, father, mother, father-in-law, mother-in-law, son, daughter, stepfather, stepmother, stepson and stepdaughter: not to exceed 5 consecutive calendar days;
c) Death of grandparent, grandchildren, great grandparent, great grandchildren, brother, sister and brother/sister-in-law: not to exceed 2 consecutive calendar days;
d) Birth of a child: not to exceed 2 consecutive calendar days;
e) Blood donation: not to exceed 4 hours. This may be increased to 1 full day when special circumstances warrant;
f) Jury duty or when an employee is called as a witness by a court to testify;
g) When an employee is taking a test in an educational facility;
h) When his assistance to members of his immediate household is essential; not to exceed 3 consecutive days;
i) Up to 10 days for candidates in elections for public office, when justified;
j) Other absences as may be specified in USFORAZ internal regulations.
12 - The following justified absences will be charged to leave or leave without pay, in accordance with applicable Portuguese law:
a) Those due to performance of necessary duties in welfare institutions;
b) When an employee cannot work due to reasons beyond his control such as illness or accident;
c) Absences relating to court matters other than those of paragraph 1 above;
d) Other absences as may be specified in USFORAZ internal regulations.
3 - When an employee is on forced absence in accordance with the previous paragraph 2, b), for more than 1 month, the provisions contained in article 68 and subsequent articles will be applicable.
Article 73
Notification of absences
1 - When the employee foresees that he will be absent for justified reasons, he will notify USFORAZ as far in advance as possible.
2 - Any employee who cannot report to work due to unforeseeable justified reasons is obligated to notify his immediate supervisor within 2 hours after the start of the workday, except when unusual circumstances preclude such reporting. So as to permit the section to get a replacement, an employee who is on night shift must give notice of absence by telephone or other fast means at least 2 hours prior to the start of a shift, except when unusual circumstances preclude such reporting.
3 - If an employee is ill for more than 3 days and less than 30 days, he must submit on his return to duty a medical certificate or a statement from the social welfare medical services specifying the period in which he was unable to work due to illness.
4 - If an employee is not in a condition to return to work after 30 days from the onset of an illness, the period of his absence may be extended under the provisions of article 68, paragraph 1. The employee shall submit a medical certificate or statement from the social welfare medical services at the end of the first 30 days and every 30 days thereafter.
5 - Failure to comply with the provisions of the previous paragraphs will render the absences unjustified.
Article 74
Policies related to unjustified absences
1 - Absences not justified under article 72 are considered to be unjustified.
2 - Unjustified absences always entail a corresponding loss in pay. Any period of unjustified absence shall be deducted from an employee's time in service for all intents and purposes.
3 - When an employee is unjustifiably absent for a scheduled work period, the scheduled time off or holidays immediately prior or subsequent to the absence will also be subject to the provisions of the previous paragraph.
4 - When an employee reports for work either to begin or return to work with an unjustified delay of more than 30 to less than 61 minutes, USFORAZ may refuse to accept his services during all or part of the normal work period.
Article 75
Serious disciplinary violations
The following constitute serious disciplinary violations:
a) Unjustified absence during 3 consecutive days or 6 interpolated days during a 10 year period;
b) Unjustified absence with the alleged justification proven false.
Article 76
Effect on leave
Justified absences, except those authorized by articles 66 and 68, have no effect whatsoever on the leave accrual entitlements of an employee.
CHAPTER VIII
Pay rates
Article 77
Computation of pay rates
1 - A schedule of basic monthly salaries will be included in this regulation by attachment. It will be reviewed and adjusted annually.
2 - USFORAZ employees will be paid on a biweekly basis, 26 times annually.
3 - The pay to which full-time USFORAZ employees will be entitled is established by mathematically converting the basic monthly rate to a bi-weekly rate. Administration of pay shall be effectuated by conversion to basic hourly rates of pay. Computation of the basic hourly rates of pay for purposes of this regulation, such as for payment of overtime, uncommon tours of duty, night work, holiday work, deduction for absences, etc., shall be obtained by the following formula:
HR = ((MP + LB + LI) x 12)/(26 x 2 x HW)
HR - Hourly rate;
MP - Monthly pay;
LB - Language bonus;
HW - Work hours per week;
LI - Longevity increments.
Part-time and intermittent employees will be paid according to the basic hourly rates of pay.
4 - Pay rates cannot be fractionated into periods of less than 1 hour.
5 - An employee's initial appointment within the scope of this regulation will specify whether he is entitled to subsistence and/or housing.
Article 78
Longevity increments
1 - USFORAZ employees will be entitled to longevity increases in amounts equal to Portuguese government employees. These increments will be a part of their basic annual salary after attainment of 5, 10, 15, 20, and 25 years of creditable service. Increases will become effective on the first day of the pay period following completion of the 5-year waiting period.
2 - The entitlement to longevity increases referred to in the previous paragraph will become effective simultaneously with the public sector employee's longevity increases.
Article 79
Christmas subsidy
1 - All new employees who have completed 30 days of service by 31 December of the respective year are entitled to a Christmas subsidy proportionate to the amount of time spent in a duty status during the first year of the employment. An employee who has served continuously for a year or more by 31 December of the respective year shall receive a Christmas subsidy equal to one month's salary. This subsidy will be payable on the first payday in December.
2 - The provisions of the preceding paragraph shall apply to part-time and intermittent employees proportionate to time spent in a duty status during the year.
3 - Employees who are terminated are entitled to a Christmas subsidy proportionate to their months in service for the respective year.
Article 80
Payroll leave and farnings statement
On each payday, employees shall be given a statement reflecting the employee's full name, CPPSS beneficiary number, pay period covered, itemized overtime, night differential, weekly day of rest or holiday pay, deductions and net pay.
Article 81
Social Security contributions
1 - Payroll offices are authorized, upon written request from an employee, to deduct appropriate labor union dues from employee wages in accordance with amounts established by the appropriate labour union. Payroll offices are further authorized, upon written request from an employee, to cease such deductions.
2 - Social welfare and family bonus contributions shall be as follows:
a) USFORAZ and it employees will submit to social welfare contributions as set forth in Portuguese law. These contributions will be submitted on a monthly basis;
b) The above contributions will be based on the employee's normal salary to include only the basic annual salary, English language bonus, longevity increase, Christmas subsidy, vacation subsidy, meal subsidy, uncommon tours of duty, and regularly scheduled overtime or night work. Additionally, contributions are made on severance pay;
c) Changes in Portuguese law relating to the above will be communicated to USFORAZ through AAC by the Centro de Prestações Pecuniárias da Segurança Social de Angra do Heroísmo.
CHAPTER IX
Penalties and disciplinary policies
Article 82
Disciplinary authority
USFORAZ has disciplinary authority over its Portuguese civilian employees.
Article 83
Disciplinary actions
1 - USFORAZ may take the following administrative disciplinary actions without prejudice to the employee's rights and guarantees:
a) Admonishement;
b) Official reprimand;
c) Suspension in non-pay status;
d) Removal.
2 - An administrative disciplinary action should be proportionate to the degree of seriousness of the offence and degree of guilt of the violator. An administrative disciplinary action cannot be applied more than once for the same infraction.
3 - USFORAZ may not take any administrative disciplinary action after 1 year from the date USFORAZ learns of the offence.
4 - The provisions of the previous paragraph do not preclude USFORAZ from seeking compensation for losses or from taking other appropriate legal action.
5 - The loss in pay as a result of the disciplinary action specified in paragraph 1, c), will not go to the Financial Management Institute of the Social Security System (IGFSS). However, both USFORAZ and the employee shall make the appropriate Social Welfare contributions based upon the corresponding pay for the suspension period.
Article 84
Limits of penalties
Suspension from duty will not ordinarily exceed 12 days for each infraction and, in each calendar year a total of 30 days. Those limits, however, may be doubled whens justified by the special circumstances of the employment.
Article 85
Procedures for administering discipline
The disciplinary actions specified in article 83, paragraph 1, b), c) and d) shall observe the following procedural requirements:
a) Disciplinary actions are initiated when a letter of proposed disciplinary action is presented to the employee;
b) The employee may answer the charges in writing within 3 working days;
c) In answering the letter of proposed disciplinary action, the employee may present witnesses for each charge made in the letter;
d) Upon the employee's request, a copy of the letter of proposed disciplinary action will be provided to the Committee of Employee Representatives, except in cases of removal when it is mandatory that a copy of the letter be provided to the Committee. The Committee of Employee Representatives shall have two days in which to respond;
e) Final disciplinary action cannot be taken until the time for Committee and employee responses has elapsed.
Article 86
Notification of USFORAZ
SRT will notify COMUSFORAZ, through AAC, of any possible violations to the provisions of this regulation in order that USFORAZ may take appropriate action.
CHAPTER X
Termination of employment
Article 87
Termination with indemnity
1 - Employees who are involuntarily separated under the provisions of this article shall be entitled to a termination indemnity as specified in paragraph 5 below.
2 - When, in the course of a 3.º-month period, COMUSFORAZ intends to separate five or more employees due to lack of work, lack of funds, organizational realignment or other mission changes, a formal notice of intention will be delivered to the affected employees and to AAC which will authorize the separation after receipt of the advice of SRT. The AAC decision regarding the separation will be provided within 30 days. COMUSFORAZ may take separation action after the 30 day response period has elapsed. The affected employees' names will be entered on the USFORAZ Reemployment Priority List for consideration for future vacancies for which the employee is qualified.
3 - USFORAZ and any employee may at any time, mutually agree to terminate the individual employment contract. The termination must be affected by a written accord, signed by both parties. Within a 7 day period from the date of termination, the employee may unilaterally revoke his agreement to terminate. In such a case, however, the employee will lose the seniority he had prior to the date of the agreement.
4 - Entitlement to termination indemnity applies only to full-time and part-time employees serving under permanent appointments who have completed their probationary periods:
a) The termination indemnity shall be paid in one lump sum;
b) An employee who has received a termination indemnity is ineligible for reemployment by USFORAZ until a period of time equal to the service represented by his termination indemnity has elapsed. The waiting period preceding reemployment may be waived upon repayment of the termination indemnity or proportionate share, as appropriate.
5 - The termination indemnity consists of 1 month's pay (including English language bonus and longevity increases) for each full year of creditable service at the rate received immediately before separation. In no case shall an eligible employee receive less than 3 month's pay as defined above.
Article 88
Termination without indemnity
1 - Termination of employment under any provisios of this article does not establish an entitlement to a termination indemnity.
2 - The employment of any USFORAZ employee will expire under the following circumstances:
a) The expiration of the period for which the employment was established;
b) The retirement of the employee;
c) The supervenient inability of the employee to perform the full range of duties of his position;
d) The supervenient impossibility of USFORAZ to receive the employee, which includes reductions in force because of lack of funds or lack of work, without prejudice to the application of the preceding article 87, paragraph 2. Such employee shall retain the right to receive indemnity in accordance with the preceding article 87, paragraph 5.
3 - Separation for just cause will be taken in accordance with the administrative procedures as contained in USFORAZ internal regulations. Employees separated for cause cannot be considered for reemployment without the express authorization of COMUSFORAZ or his designated representative:
a) It is considered just cause for separation or rescission a serious or reiterated violation of the general or special duties of the employee;
b) The existence of just cause shall be evaluated having always in mind the nature of the relation between supervisors and subordinates, the social standing and the degree of education of both parties and the other circumstances of the case;
c) The just cause shall be stated in writing at the time of separation or request for rescission; otherwise proof cannot later be accepted by any competent entity.
4 - Employees may resign from their positions by giving their supervisors, in writing, a two-week notice.
CHAPTER XI
Hygiene and safety of the workforce
Article 89
On-the-job accidents and occupational diseases
The standards contained within portuguese law regarding on-the-job accidents and occupational diseases shall apply to Portuguese USFORAZ employees.
Article 90
Fatal accident
Whenever a Portuguese USFORAZ employee suffers a fatal accident at work, his body cannot be removed without the presence and approval of the appropriate Portuguese authorities.
Article 91
Safety officer
USFORAZ shall appoint an individual to be responsible for health and safety matters. Said individual shall be designated as «Safety officer».
CHAPTER XII
Grievances, complaints and appeals
Article 92
Processing complaints
1 - Whenever an employee feels he has been treated unfairly, he has the right to submit a verbal or written complaint to his organizational supervisor. The organizational supervisor has 7 calendar days in which to respond to the employee's complaint. If the complaint is not resolved to the employee's satisfaction, he has 7 days from receipt of the organizational supervisor's response in which to present a formal written complaint to his organizational commander.
2 - Written complaints to the organizational commander must state the reasons which gave to the complaint, indicate the remedial action sought, and may contain any other facts or information pertinent to the complaint.
3 - Upon receipt of an employee's written complaint, the organizational commander will review all pertinent facts and subsequently render a decision.
4 - At the organizational commander's option, an investigative officer may be appointed to conduct a procedural/substantive review prior to reaching a final decision.
5 - In the case where the organization commander is the initiating official, the employee's written complaint will be made to the next higher level within the chain of command.
Article 93
Rights of redress
1 - Whenever an employee feels an action taken under article 92 is unjust or contrary to this Labor Agreement, he has the right, within 5 days of the receipt of the notice of action, to submit a written complaint to the Workers Committee.
2 - If the Workers Committee believes the employee's complaint is meritorious, the Workers Committee shall forward a report to the Arbitral Commission within 7 days. The report shall contain a copy of the complaint, reasons which give rise to the complaint, indate the remedial action sought, and any other pertinent facts or information.
3 - Within 10 days of the receipt of the report from the Workers Committee, the Arbitral Commission shall issue written findings and recommendations to COMUSFORAZ.
4 - Within 5 days of receipt of the findings of the Arbitral Commission, COMUSFORAZ shall issue a final decision, without prejudice to article 95. Prior to issuance of the final decision COMUSFORAZ may consult with Commander, Azores Air Command (CAA).
Article 94
Arbitral commission
1 - An Arbitral Commission is hereby established. The Arbitral Commission is composed of a AAC representative, who will preside, a USFORAZ representative, and an SRT representative.
2 - The Arbitral Commission shall operate in AAC. AAC will accomplish the administrative work pertaining to the Commission.
3 - The Arbitral Commission shall have the following powers:
a) Provide recommendations regarding interpretations and revisions of this regulation to COMUSFORAZ and CAAC;
b) Attempt a conciliation of dispute arising from the individual labor relations subject to the provisions of this regulation; and
c) Review reports submitted by the Workers Committee under article 93, paragraph 2 and, based upon the facts, make formal recommendations to COMUSFORAZ.
4 - Each member has one vote and the decision will be made by majority.
Article 95
Competent court
1 - Employees may submit unresolved complaints concerning disciplinary actions taken in accordance with chapter IX of this Agreement to the court having jurisdiction over Air Base n.º 4. Only issues of discipline, including disciplinary cases which result in separation, will fall within the jurisdiction of the Portuguese courts.
2 - The decision of the courts will be final, though it may be appealed according to the procedures of the Portuguese judicial system. All judicial decisions will be in conformity with the provisions of this Agreement.
CHAPTER XIII
Miscellaneous provisions
Article 96
Validity
1 - This regulation and its attachments will become effective the beginning of the first pay period following date of signature by both parties. The provisions of this regulation will be reviewed whenever deemed necessary by CAAC and/or COMUSFORAZ. The SRT or his legal substitute is designated as an advisor. The recommendations will be submitted to higher authorities for appropriate action.
2 - The schedule of basic annual salaries attached to this regulation will be adjusted annually through an appropriate survey of preavailing salary rates and compensation practices on the Island of Terceira. Salary and wage changes are subject to the concurrence of COMUSFORAZ and the Commander, Azores Air Command, with approval by higher authorities.
3 - Representatives of the AAC, with representatives of the SRT serving as advisores, shall participate in all USFORAZ data collection efforts which serve as a basis for salary and wage changes. Such participation shall specifically include participation in the identification of companies to be surveyed, identification of key ranking positions, development of summary discriptions of duties for key ranking positions, data collection, and data analysis.
4 - Final data analysis and development of proposed wage schedules shall be the responsibility of Headquarters, Military Airlift Command and Headquarters, United States Air Force. Wage proposals shall be developed in conformity with the requirements of Departments of Defence Manual 1416.8-M and Federal Personnel Manual Supplement 532.1.
Deviation from these requirements must be explained fully to both COMUSFORAZ and AAC, together with a full explanation of the reasons therefor.
5:
a) Recommendations for revision and questions of interpretation of this Agreement will be referred by CAAC or COMUSFORAZ to the Portuguese Ministry of Defence and the United Stats Department of Defence for reconciliation. For purposes of revision and interpretation, the U. S. Embassy, Lisbon, may be designated to represent the U. S. Department of Defence;
b) Occasions which establish the right of either party to request negotiations include, but would not be limited to, cases in which changes or additions in the conditions in which this Agreement was concluded;
c) For purposes of subparagraph b) above, changes, additions and/or deletions to Portuguese labor or social security legislation applicable to employees covered by this Agreement shall be communicated by the Regional Secretary of Labor, as appropriate, to COMUSFORAZ and AAC for appropriate action.
6 - This Agreement shall remain in effect until superseded by a new agreement. Wage schedules should be adjusted annually in accordance with paragraphs 2, 3 and 4 above.
7 - The English and Portuguese texts of this Agreement are equally authentic.
Done at Lisbon, October 9, 1984 and at Washington, D. C., October 16, 1984.
For the Portuguese Ministry of Defense:
António Jorge de Figueiredo Lopes, State Secretary for National Defence.
For the U. S. Department of Defense:
Lawrence Korb, Assistant Secretary of Defense for Manpower, Installations and Logistics.
ATTACHMENT I
Wage schedules
(Effective 1 July 1984)
(ver documento original)
ATTACHMENT II
English language bonus
1 - There shall be 3 categories of English Language Bonus (ELB) payable, and each shall receive the amount stated below.
a) 600$00;
b) 1000$00;
c) 1300$00.
2 - Employees who are employed by USFORAZ on the date of this Agreement being signed, and who have been assigned an (ELB) category, shall receive the amounts stated above without further retesting.
3 - New employees, or those who have not been assigned an (ELB) category, shall take the English Comprehension Language Test (ECL) and thereafter shall be assigned an ELB category if qualified
4 - Employees in ELB categories a and b shall take the ECL for promotion to a higher ELB category.
ATTACHMENT III
Transportation
USFORAZ employees will be provided round trip transportation from established transportation routes in the area of their legal residence to Air Base Nº 4 for each day of scheduled work.