13 DE MARÇO DE 1985

2273

4 — Within 5 days of receipt of the findings of the Arbitral Comission, 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 Comission 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.° 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 Defense Manual 1416.8-M and Federal Personnel Manual Supplement 532.1.

Deviation from these requeriments 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 Defense and the United Stats Departament of Defense for reconciliation. For purposes of revision and interpretation, the U. S. Embassy, Lisbon, may be desingnated to represente the U. S. Department of Defense;

6) 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 Hopes, State Secretary for National Defense.

For the U. S. Department of Defense:

Lawrence Korb, Assistant Secretary of Defense for Manpower, Installations and Logistics.