16 DE JUNHO DE 1995

822-(23)

2 — The Goverment of the United States of America will have twelve months after the termination of this Agreement to withdraw its personnel, equipment, and material that are present on Portuguese territory by virtue of this Agreement The terms and conditions of this Agreement will apply during the period of withdrawal.

Article XI Revocation

Upon its entry into force, this Agreement shall supersede:

The Defense Agreement of September 6, 1951, between the United States and Portugal regarding the use of facilities in the Azores, as amended and extended by the exchange of notes of December 13, 1983;

The Agreement of December 13, 1983, between the United States and Portugal relating to economic and military assistance; • The Technical Agreement of May 18, 1984, in implementation of the Mutual Defense Agreement between the United States and Portugal of September 6, 1951; and

The Agreement of October 9 and 16, 1984, 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.

In witness whereof the undersigned, being duly authorized by their respective governments, have signed this Agreement

Done at Lisbon on this first day of June, 1995, in duplicat in the Portuguese and English languages, each being equally authentic.

For Portugal:

José Manuel Durão Barroso, Minister of Foreign Affairs.

For the United States of America:.

Warren Christopher, Secretary of State.

LABOR AGREEMENT

Preamble

Pursuant to the Agreement on Cooperation and Defense, nameVy its article iv, paragraph 2; and .

Recognizing that employment relations .should be developed in a sound atmospher between employer and employee;

Determined to promote and maintain employment conditions that guarantee security and equal treatment to all employees;

Portugal and the United States of America, hereinafter referred to as the Parties: ,

have agreed to the following:

Article 1 Scope

1 — This Labor Agreement and the Work Regulation derived therefrom govern employment relations between the

United States Forces Azores, hereinafter referred to as USFORAZORES, and its Portuguese employees. „2^-The Work Regulation has the same force andeffect as IPS, Labor Agreement and specifies the implementation of the principles enshrined herein and will be approved and modified according to the appropriate procedures of each party.

3 — USFORAZORES may issue internal regulations concerning management and the fulfillment of labor tasks, which will be submitted to the Commander, Air Base Number 4 for review and comment prior to issuance.

y

i( Article 2

'' . Functional relations

,i —' Iri admirüstering the provisions of this Agreement and the. Work Regulation, and in order to contribute to the development of a solid, labor relationship, the following levels of intervention will be applicable:

" a) First level — Commander, Air Base Number 4/ USFORAZORES Commander;

b) Second level — Labor Committee;

c) Third level — Standing Bilateral Commission, established by article tn of the Agreement on Cooperation and.Defense.

2 — Both parties, at each level, shall utilize all the possibilities of these functional relations in the most effective way so that the maximum number of issues can be resolved at the lowest possible level.

. Article 3

Professional classification system

1 — Employees are classified in accordance with the official United States Classification System. . 2 —An employee's rigtht to appeal the title, series, grade, or pay plan of his/her assigned position is vested solely within this .system. .,

- - - Article-4

• ;. " . ■ Pay;rates

1 — USFORAZORES will annually review pay rates based on a survey of prevailing rates on.Terceira Island accordingto procedures contained in the Work Regulation.

2 — In the event the wage survey produces a reduction in the wage schedules,, the existing schedule will continue.

Article^.

. Labor positions

USFORAZORES will not place United States citizens either in full or part-time employment in positions held in the past by Portuguese national employees solely to avoid the recruitment or placement of the latter, unless no qualified Portuguese candidates are referred.'

Article 6 Work contract

1 —Portuguese employees are bound to USFORAZORES by a' work contract which is manifested by a position description and other documents.