Resolução da Assembleia da República n.º 24/85 — Acordo respeitante ao emprego de cidadãos portugueses pelas Forças dos Estados Unidos da América nos Açores

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:

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:

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:

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:

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:

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:

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:

12 - The following justified absences will be charged to leave or leave without pay, in accordance with applicable Portuguese law:

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:

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:

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:

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:

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:

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:

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:

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:

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:

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](https://files.diariodarepublica.pt/1s/1985/09/22000/31073147.pdf))

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.

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.