ARTICLE 35: RESIGNATION

35.01 Notice of Resignation

An Employee will provide the Employer with 10 working days notice of resignation not including earned but unused vacation or compensating time off.

36.01 (a) The Employer follows a progressive process of discipline. The Employer may discipline, demote or dismiss an Employee for just cause.

(b) Discipline should be administered in a timely manner and maintain the Employee’s dignity and self-respect. Therefore managers and supervisors should first meet with Employees to communicate concerns about an Employee’s performance or conduct. Written correspondence in any form may be used as a follow up to an in-person meeting.

The following circumstances do not constitute disciplinary actions:

(a) Coaching

When there are concerns about an Employee’s performance or conduct, the in-scope supervisor or manager will, as part of the ongoing process of performance management, meet with the Employee and make every reasonable effort to clarify expectations, address issues or provide guidance to assist the Employee to correct the problem.

(b) Letter of Counselling

An in-scope supervisor or the manager may give an Employee a letter of counselling designed to improve the Employee’s performance or conduct, which outlines performance expectations. The Employee may provide a written rebuttal to the Employer’s letter of counselling within a reasonable time. Neither the letter of counselling or the rebuttal will be placed on the Employee’s Personnel File.

(c) Relief of Duty with Pay

An Employee may be relieved of duty with pay during an investigation that may lead to discipline, and the attendance of the Employee at work would hinder the investigation.

(a) Consultation with Employee Relations

Managers will consult with Employee Relations prior to taking any disciplinary action.

(b) Investigation

If a manager is considering disciplinary action, an investigation into the matter may be necessary to ascertain all the relevant facts prior to making any final disciplinary determination. If an Employee is required to attend an investigation interview and it could potentially result in subsequent disciplinary action being taken against that Employee, s/he will be entitled to have a Union Steward in attendance and the Employer will inform the Employee of this right.

An Employee has the right to have a Union Steward present during any investigation interview or disciplinary meeting. However, an Employee may waive his/her right to representation by signing the waiver form in Appendix "P". A copy of the signed waiver form will be sent to Employee Relations. An Employee may repeal his/her waiver, in writing to Employee Relations, at anytime during the discipline process.

36.05 An Employee notified of an investigation interview or formal disciplinary meeting, and who then makes a claim under Article 24, Illness & Proof of Illness, will have no extraordinary rights under this Article.

The progressive discipline process outlined below provides for increasingly serious actions to be taken by the Employer if a problem with an Employee’s conduct or performance is not resolved after using the appropriate non-disciplinary actions. The Employer will follow this process in sequential order, except when the particular circumstances of a case justify moving immediately to a more serious action.

(a) Disciplinary Meeting

(i) When the Employer has made a determination that an Employee will be disciplined, the Employee will be notified that a meeting will be convened specifically for that purpose and advise the Employee of their right to Union representation.

(ii) The Employer will hold a disciplinary meeting with the Employee.

(iii) Prior to taking any disciplinary action, the Employer will discuss the proposed action with the Union Steward or a Union representative, provided the Employee has not waived his/her right per clause 36.04.

(b) Written Reprimand

A written reprimand given to an Employee by the Employer will include reasons for the reprimand and expectations for future performance or conduct.

(c) Suspension Without Pay

Where a suspension without pay is given to an Employee, the Employer will provide written reasons to the Employee that includes the length and time of the suspension, and expectations for future performance or conduct.

(d) Demotion

Where an Employee is demoted, the Employer will provide written reasons to the Employee including expectations for future performance or conduct.

(e) Dismissal

Where an Employee is dismissed, the Employer will provide written reasons to the Employee.

(f) Written Verification of Disciplinary Action

Copies of written verifications of disciplinary action will be provided to Employee Relations, and to NASA provided the Employee has not waived his/her right per clause 36.04.

(g) Employee Written Rebuttal

The Employee may provide a written rebuttal to the Employer of any disciplinary action taken. Copies will be given to Employee Relations and NASA, provided the Employee has not waived his/her right per clause 36.04.

The Employee will have the right to apply Article 38 - Dispute Resolution Process, following any disciplinary action.

If the Employee is unavailable for a disciplinary meeting, the notification of discipline will be deemed received if personally delivered or mailed by prepaid registered mail. When the notice is mailed, it will be deemed received within 5 days of the date of mailing.

By written request, an Employee will be entitled to examine the contents of his/her Personnel File in Human Resource Services during regular hours of work. By Employee written request, adverse reports and disciplinary actions more than 2 years old will be cleared from the Employee’s Personnel File if no further adverse reports or disciplinary actions have been submitted.

For Apprentices, this Article will not apply to the conclusion of the employment relationship which arises either by the conclusion of the apprenticeship program or the failure on the part of the apprentice to meet the requirements of the Apprenticeship and Industry Training Act or Regulations, including but not limited to the requirements to attend trade school; and no grievance will be filed on account thereof.

37.01 An Employee absent from employment without permission and without informing the Employer or designee will, after three (3) consecutive work-days of such unauthorized absence, be considered to have abandoned his/her position and will be deemed to have resigned. The deemed resignation will be rescinded if the Employee demonstrates circumstances beyond his/her control prevented him/her from reporting to his/her place of work and from contacting his/her Employer or designee.

38.01 General Principles

(a) Recognition

The Employer and the Union will work together to foster a collegial and productive workplace. Working together requires a commitment to frequent and open communications and joint problem solving on matters affecting the Collective Agreement and/or the Union-Management relationship.

The purpose of the dispute resolution process is to resolve problems, complaints and grievances, between the Union and the Employer, in a timely and effective fashion, and to maintain harmonious working relations.

Both parties recognize their collective duties and responsibilities in these matters.

(b) Disclosure

The parties will disclose all information/documentation concerning the dispute at the earliest possible opportunity.

(c) Discrimination and Harassment Resolution

In matters primarily alleging discrimination and/or harassment, the University of Alberta Policy on Discrimination and Harassment will apply. Failing satisfactory resolution through that Policy's guidelines, the employee may initiate a grievance at Step 4 of the Grievance Procedure.

(d) Grievance Application

It is the intent of the parties that only one grievance type be dealt with on a particular matter and that said grievance be grieved under the appropriate defined grievance type. However, circumstances may arise where one or more individual grievances may more appropriately be addressed as a group or policy grievance, or vice-versa. The parties will attempt to reach mutual agreement on the appropriate means of processing such grievances.

Where a group or policy grievance is subsequently initiated, all related individual grievances may be placed in abeyance pending the final resolution of the group or policy grievance.

(e) Grievance Replies

All grievances will have replies in writing stating reasons with copies to the Employee(s), the Union, affected supervisors and/or the Designated Employer Representative as the case may be, and Employee Relations.

(f) Time Limits

Any of the time limits outlined in this Article may be extended or placed in abeyance upon mutual agreement in writing of the parties. All of the time limits referred to in this Article will be exclusive of Saturdays, Sundays, paid holidays or official University-wide days off.

In the event that the initiating party fails to comply with the time limits herein, the grievance will be deemed to be at an end.

Notwithstanding any of the provisions in this Article, the initiating party may discontinue the grievance at any stage, in writing, and, therefore, such will be deemed wholly at an end.

(g) Designated Employer Representative (DER)

For the purpose of this Article, the Employer will name the Designated Employer Representative (DER) at Step 2 and provide this information to the Union. The DER will be a senior administrative level representative with the authority to resolve the dispute.

(h) Designated Official of the Union

For the purpose of this Article, the Union will notify Employee Relations of the name of the individual who is the "Designated Official of the Union".

38.02 Definition of Grievance Types

(a) Individual Grievance

An individual grievance will be defined as any difference arising out of the interpretation, application, operation, administration, or alleged violation of the Collective Agreement, and including any dispute as to whether the difference is arbitrable.

If the individual grievance is discipline or termination related (e.g., dismissal, layoff, recall), such grievance will be initiated at Step 3 of the Grievance Procedure.

(b) Group Grievance

A group grievance will be defined as any difference arising out of the interpretation, application, operation, administration, or alleged violation of the Collective Agreement, and including any dispute as to whether the difference is arbitrable, concerning two (2) or more employees in the same Department. Such grievance will be initiated at Step 2 of the Grievance Procedure.

(c) Policy Grievance

A policy grievance will be defined as any difference arising out of the interpretation, application, operation, administration, or any contravention or alleged contravention of this Agreement, and affecting either party and/or more than one employee in more than one department. Such grievance will be initiated at Step 3 of the Grievance Procedure.

(d) Written Grievance Information

A formal written grievance will include the following information:

(i) the date of the grievance;

(ii) the nature, type and details of the grievance;

(iii) where applicable, the name(s) of the grievor(s) and his/her department(s);

(iv) the remedy sought;

(v) the article of the Agreement allegedly violated or the alleged occurrence said to have caused such grievance;

(vi) signature(s) of the designated official of the Union.

An Employee's right to representation by the Union is recognized as identified in this article, and will not be bypassed in this dispute resolution process.

Facilitation

At any step in this procedure the Union and/or Employee Relations may be asked to assist in achieving a resolution.

Expectations

The parties to this agreement are committed to resolving problems at the earliest possible step of the procedure.

If a dispute arises between the Employer and an Employee, the Employee will first seek to resolve the dispute through a problem solving discussion with his/her immediate supervisor within ten days of the time the employee should reasonably have become aware of the action or matter giving rise to the dispute. The immediate supervisor’s response will be provided to the Employee in writing within five (5) days of the discussion. If the dispute is not resolved satisfactorily, it may then be advanced to Step 2 within ten (10) days of receipt of the immediate supervisor’s response.

If a dispute has been advanced to Step 2, the Employee, the Union and all parties immediately affected by the dispute, as determined by the parties, will seek to resolve the dispute at a problem solving discussion with the DER. If an acceptable resolution cannot be achieved, the DER will, after considering all relevant facts, make a determination and provide a written response to the Employee and the Union within five (5) days of the discussion with a copy to Employee Relations. If the dispute is not resolved satisfactorily, it may then become a grievance and be advanced to Step 3 within ten (10) days of receipt of the DER’s response.

The grievance will be submitted in writing to the Director with a copy to the AVP (HRS). When a grievance has been submitted at Step 3 of this procedure, the Union and the Director will hold a problem-solving meeting to attempt to resolve the grievance. The meeting will be held within ten (10) days of receipt of the grievance by the Director. Where a resolution has been reached the agreement will be committed to writing and circulated to all parties involved. If the grievance cannot be resolved through discussion, the Director will, after considering all relevant facts, make a final determination regarding the outcome of the grievance. The Director will communicate this determination to the Union within five (5) days of the meeting. If the grievance is not resolved to the satisfaction of the Union, it may be advanced to Step 4 within thirty (30) days of receipt of the Director’s response.

Either party may submit a grievance to arbitration. After having submitted the grievance to arbitration, the parties may agree to further attempts to resolve the issue through mediation.

The purpose of the mediation in the grievance process is to assist the parties in reaching a resolution of the grievance and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose including any subsequent arbitration proceeding. The mediator will be confined to the issue in dispute. The mediator will be chosen by mutual agreement and all expenses of the mediator will be borne equally by both parties.

(a) Either party may advance the dispute to arbitration, will notify the other party in writing of its intention to do so, and

(i) name its appointee to the board of arbitration; or

(ii) state its desire to consider the appointment of a single arbitrator.

(b) Within five (5) days after receipt of notification provided for above, the party receiving such notice will:

(i) inform the other party of the name of its appointee to a board of arbitration; or

(ii) arrange to discuss with the other party the selection of a single arbitrator.

(c) The parties may select one (1) person to act as a sole arbitrator to whom any such grievance may be submitted for arbitration and such person will have the same powers and be subject to the same restriction as a board of arbitration appointed under this Agreement.

(d) Where agreement cannot be reached on a single arbitrator, a board of arbitration will be established.

Where the appointees to a board have been named by the parties, they will within ten (10) days endeavour to select a mutually acceptable chairperson for the arbitration board. The nominees will consider arbitrators both on and off the attached roster (Appendix R). If they are unable to agree the parties will appoint a person from the roster.

(e) The following conditions will apply to the powers of the arbitrator. The arbitrator may:

(i) require production, in advance of the hearing, of documents deemed relevant to the grievance;

(ii) examine any witnesses deemed relevant to the grievance;

(iii) assist the parties in mediating a resolution of the grievance;

(iv) not change, amend, alter or modify any of the terms of this Agreement;

(v) in matters relating to disciplinary action, reinstate an Employee with or without compensation for wages and/or benefits; and/or make any other award s/he may deem just and reasonable that would be consistent with the terms of the Agreement.

(f) The arbitrator will have the responsibility to:

(i) arbitrate the matter and confine the decision to the issues in dispute.;

(ii) determine his/her own procedure and give full opportunity to the parties to present evidence and to be heard;

(iii) hear and determine the merits of the grievance and issue an award in writing to the parties within thirty (30) days of the conclusion of the hearing;

(iv) where requested, determine whether a particular matter is arbitrable under this Agreement.

(g) Any arbitration decision will be final and binding upon the parties and upon any Employee affected by the decision

(h) The decision will be one reached by a majority of the members of the Board of Arbitration. However, if there is no majority decision, then the decision of the Chair will constitute the final binding decision.

(i) Each party will bear the expenses and costs of their respective presentation and the parties will equally share the fees and expenses of the arbitrator.

(j) The parties will be responsible for informing any third party likely to be adversely affected:

(i) of the time and place of the sitting of the Board of Arbitration;

(ii) of the grievance to be placed before the Board of Arbitration; and

(iii) of the right of that third party to be present and represented.

(k) The parties will annually review the approved roster of arbitrators as contained in Appendix R, for the purpose of revision.

39.01 Employer’s Right To Determine Job To Be Performed/Job Description

39.02 Job Documentation

(a) "Job Fact Sheet" is the document used by the University for the purposes of job evaluation.

(b) Job Description" is that component of the Job Fact Sheet which summarizes the duties of the position and includes the qualifications.

(c) The Employer will strive to ensure that a Job Description exists for each position of greater than twelve (12) months duration. Human Resource Services will provide copies of these descriptions to NASA, along with the assigned grade level and job family (see Article 19 and Appendix F). Where the parties agree, a written description of temporary jobs of less than twelve months duration may be prepared.

(d) The Department Head will ensure that the Job Descriptions are kept current and will provide Human Resource Services and the incumbent with a copy of the current Job Description.

(e) The Department Head shall provide a copy of the Job Description noted in 39.02 (c) to employees upon the date of hire. Prior to the conclusion of the employee’s probationary period, the employee and their supervisor shall discuss the Job Description to ensure the employee understands their job duties.

39.03 Job Documentation Process

(a) Every effort will be made to ensure that Job Fact Sheets are written jointly by the supervisor and the employee, and, upon completion, signed by each.

(b) Completed Job Fact Sheets shall be reviewed and approved by the Department Head prior to forwarding to Human Resource Services. The Department Head may add additional comments to the Job Fact Sheet, a copy of which shall be provided to the employee.

(c) The process of writing, signing, and forwarding Job Fact Sheets to Human Resource Services noted under 39.03 (a) and (b) should not exceed 90 calendar days from initiation by the employee under 39.05.

(d) If any difficulties arise in completing the Job Fact Sheet or in agreeing on its contents, the employee, supervisor or Department Head may request the assistance of Human Resource Services to mediate and resolve the difficulties. The employee may be accompanied by their Workplace Rep to assist the employee in presenting their concerns. Failing agreement, Human Resource Services and the Department Head will determine the appropriate content of the Job Fact Sheet.

39.04 Position Evaluation Process

(a) Positions shall be evaluated in accordance with the University of Alberta’s Job Evaluation Plan.

(b) Requests for position evaluation are to be submitted in writing to Human Resource Services. Human Resource Services shall acknowledge receipt of the request to the Department Head and employee within ten (10) working days, and provide a time for the completion of the evaluation/audit. Requests for evaluation must be accompanied by a current Job Fact Sheet which includes the Job Description and an organizational chart.

(c) Human Resource Services will review the Job Fact Sheet, evaluate the job (including determining the base pay grade level and job family), and communicate the results to the Department Head, NASA and the employee.

(d) Unless a job has significantly changed, Human Resource Services shall not normally re-evaluate a position if an evaluation and/or appeal has been concluded within the preceding twelve months.

(e) Where a vacant position has been re-evaluated and results in a change in grade, NASA may notify Human Resource Services of any concerns it has respecting the re-evaluation and grade change.

(a) An employee may initiate a review of their job description or its evaluation in writing to the Department Head, commencing with the process described under 39.03.

(b) The effective date of employee requests shall normally be the date the employee and supervisor signed off the Job Fact Sheet under 39.03 (a).

39.06  Requests By Department Heads For A Review Of Job Duties/Evaluation

(a) A Department Head may initiate a review of a job description or its evaluation, commencing with the process described under 39.03.

(b) The effective date of Department Head requests shall normally be no earlier than the date of receipt of all required documentation by Human Resource Services.

New jobs may be created during the term of this Agreement. The University will evaluate new jobs and notify NASA of the results of the evaluation. In the event that NASA disagrees with the evaluation decision, an appeal may be initiated by NASA in accordance with Article 40.

39.08 Appeals

An employee or Department Head may appeal an evaluation in accordance with Article 40. Such an appeal shall not be considered a grievance under Article 38 of this Agreement.

(a) When a position is re-evaluated to a higher grade level, the employee will be entitled to a pay increase. The new base pay will be no less than one (1) full increment above his/her current pay, or the minimum of the new grade level, whichever is greater.

(b) The effective date of the increase will be pursuant to Article 39.05 (b) or 39.06 (b). The Employee’s performance review period and future increments will not be affected.

(a) When a position is re-evaluated to a lower grade level, the employee’s base pay will remain unchanged. If the employee’s base pay is below the long service maximum for the re-evaluated job, their performance review period and future increments will not be affected.

(b) If his/her base pay is at or above the long service maximum for the re-evaluated position, the base pay will remain unchanged, "red-circled", and shall not be eligible for increments until such time that his/her base pay falls within the salary range of the grade of the re-evaluated position.

40.01 Purpose

The purpose of the Job Evaluation Appeals process is to provide a method of resolving appeals relating to the evaluation of positions and/or the allocation of positions to job families under Article 39. It is not the intent of the Appeals process to address minor changes to job duties or concerns relating to the content of job descriptions. An appeal may be submitted where an employee or Department Head believes an evaluation does not reflect current job duties or the allocation of a position to a job family is in question.

40.02 Job Evaluation Appeals Procedure

(a) Appeals by an employee or Department Head shall be initiated in writing within sixty (60) days from the date of the most recent evaluation of the position. Appeals shall be submitted to the Director, ER & ES, with copies to the immediate supervisor, employee and the Department Head (as the case may be). The Director shall forward a copy of the appeal to the Chair of the Job Evaluation Appeals Committee (JEAC). The written appeal shall include the reasons for the appeal and any corroborating information.

(b) The Director, ER & ES (or designee) shall, within twenty (20) days from the date of submission of the appeal, reply in writing to the appellant. The reply shall state either (1) the reasons for success or failure of the appeal, or (2) the name of the job analyst with whom the appellant is to meet on the matter.

(c) The job analyst shall tender a report within sixty (60) days of receipt of the appeal. The report shall be submitted to the Director, ER & ES. Within five (5) days of receipt of the job analyst's report, the Director, ER & ES, shall write to the parties to the appeal, stating the reasons for the success or failure of the appeal.

40.03 Advancement of Appeals

Where the appellant is dissatisfied with the response of the Director, ER & ES, the appellant shall, within twenty (20) days of the written reply file a written appeal to the Chair of the JEAC. The appeal must include: (1) the original documentation submitted under 40.02, and (2) the response by the Director, ER & ES, and (3) any additional information the appellant may wish to provide. The appellant shall provide copies of the notice of appeal and any additional information submitted under 40.03 to the Director, ER & ES. If the employee chooses, the employee may request the assistance of a representative of NASA.

(a) Composition: The JEAC shall consist of five designated members:

(1) two (2) members appointed by the Vice-President (Finance and Administration)

(2) two (2) members appointed by NASA, and

(3) a Chair mutually agreed to by the Vice-President (Finance and Administration) and NASA

(4) each party may appoint up to three (3) alternate members

(b) Terms of Reference: The JEAC shall operate within the following terms of reference:

(1) The Committee shall consider all appeals. It has the power to amend the evaluation of a position. Further, the Committee has the power to allocate a position to a job family, provided that the allocation does not modify the structure or organization of the job families.

(2) The Committee shall have the power to:

(i) set its own procedure;

(ii) set the place, date and time for a hearing;

(iii) determine the admissibility of any information brought before it, and

(iv) seek whatever necessary information or clarification from involved persons including, but not limited to:

(3) Notwithstanding 40.04(b)(2)(ii), the Committee shall hold a hearing within twenty (20) working days from the date of receipt of the appellant's written appeal under 40.03.

(4) The Committee shall give all parties concerned full opportunity to present and rebut information at the appeal hearing.

(5) The decision of the majority of the Committee members shall be the decision of the Committee. Where there is no majority decision, the decision of the Chair shall be the decision of the Committee.

(6) The Chair of the Committee shall, within ten (10) days from the date of the hearing under 40.04(b)(3), render the written decision of the Committee of which a copy shall be forwarded to the employee, the Department Head, the Director, ER & ES, and NASA, if representing or assisting the employee. The Chair's response shall include the reasons for and rationale behind the Committee's decision. The decision shall be final and binding on the position under appeal and be without prejudice to any other positions.

(c) Training: All members shall be trained in the University of Alberta's Job Evaluation Plan.

The time limits fixed in this Article may be altered by mutual consent in writing of:

(a) the appellant and the Director, ER & ES, in the case of 40.02,

(b) the appellant and/or Human Resource Services and the Chair, JEAC, in the case of 40.03.

Such consent shall not be unreasonably withheld.

Where the JEAC has heard an appeal under 40.04, the Committee may refuse to accept another appeal of an evaluation or job family allocation for the same position within one year from the date of the Committee's original decision.

This Article will not apply to Apprentices.

41.01 The purpose of the Committee is to monitor and review the effectiveness of the job evaluation system and its pay structure, and by consensus make recommendations to the parties on changes.

The Committee shall be composed of two representatives of each party.

The Committee shall meet at the request of either party, but no less than once per year.

43.01 There will be no discrimination, restriction or coercion exercised or practiced by either party in respect of any Employee by reason of age, race, colour, creed, national origin, political or religious belief, sex, sexual orientation, marital status, physical disability or in respect of an Employee’s or Employer’s exercising any right conferred under this Agreement or any law of Canada or Alberta.

Note: The remainder of Article 43 (Sexual Harassment) is to be suspended. The new article (Discrimination and Harassment Complaints) is under development pending tripartite discussions. In the interim, see Appendix D: Interim Procedure –Dispute Resolution Process.

44.01 Unless otherwise expressly provided herein, this Agreement will take effect from the date of ratification to March 31, 2002. This Agreement will remain in effect thereafter until a replacement Agreement comes into force.

(a) Either party may give the other notice in writing of its intention to commence bargaining with a view to striking a new Agreement, not less than thirty (30) nor more than ninety (90) days prior to the expiry date of this Agreement. At the first meeting between the parties following such notice, the parties will simultaneously exchange their respective total proposal, whereupon neither party will table any further new and unrelated proposal except by mutual agreement. Notwithstanding the above, the parties may, by mutual agreement, adopt a different procedure.

(b) Where notice to commence collective bargaining has been served by either party, a negotiating committee will be appointed normally consisting of four (4) persons appointed by the Employer and four (4) persons appointed by NASA.

(c) Any notice required to be given will be deemed to have been sufficiently given or served if personally delivered or mailed in a prepaid registered envelope. Where notice is mailed in a prepaid registered envelope addressed to the appropriate party, it is deemed to have been received within two (2) days of the date of mailing.

(d) Notice for the purpose of this Agreement will be addressed in the case of the Employer, to the AVP(HRS), or in the case of NASA, to the Manager, the Non-Academic Staff Association.

(a) The negotiating committees will consider the proposals and, within a period of three (3) months from the date of the notice, or such longer period as mutually agreed upon by the parties, will transmit its report to the Employer and to the membership of the Non-Academic Staff Association and its report will contain:

(b) Within fourteen (14) days of the receipt of the report of the negotiating committees, the Employer and the Executive of NASA will each advise the other party whether the recommendations are in whole or in part accepted or rejected.

(c) Where recommendations have been made by the negotiating committees covering all proposals and where such recommendations are accepted by both the Employer and NASA the recommendations are binding on both parties and they will give effect to them in accordance with the terms of a written agreement, to be executed by the parties.

44.04 Collective bargaining disputes will be settled in accordance with the provisions of the Act.

44.05 The Employer agrees to provide to NASA such available statistical information, relating to employees in the bargaining unit and pertaining to the provisions of the Agreement, provided the release of the information is not in violation of any legislation, and provided the cost involved is borne by NASA at the option of the Employer.