|
MID-TERM NEGOTIATIONS
Section 1. The Parties agree it is
desirable to continue their current, productive bargaining relationship. The
Employer does not desire to eliminate meaningful and appropriate mid-term
bargaining between the Parties. The Union does not desire to bargain mid-term
issues already addressed in this agreement or to bargain issues which are
insignificant or previously resolved.
Section 2. The following procedures will apply to management proposed
changes in personnel policies, practices, and working conditions not expressly
contained in this Agreement that affect bargaining unit employees.
a. The Employer will notify the Union, in
writing, 30 calendar days in advance of the proposed changes.
b. The Union shall have 15 calendar days to request a briefing and/or
bargaining regarding the change, unless operational necessity requires a
shorter notice period.
c. If the Union requests bargaining, a bargaining session will be held at
mutually agreeable times and places. Union proposals, if any, shall be
submitted within 30 calendar days of receipt of the original notice. Any
proposals submitted by the Union on any change proposed by the Employer
shall relate only to those expressed or specific changes as outlined in the
Employer�s notice and shall not attempt to repeat, modify, or expand issues
already �covered by� this Agreement.
d. If instead the Union requests a briefing without bargaining, a meeting
will be held within 10 calendar days. The Union must then submit proposals
within 20 calendar days after the end of the briefing.
e. If the Union does not file a timely request for a meeting or submit
timely written proposals, the Employer may implement the change as proposed.
f. The Employer will not implement any changes prior to the conclusion of
negotiations, unless the change is consistent with the necessary functioning
of the Agency. Necessary functioning is not to be invoked as a means to
avoid bargaining. Rather, it is the firm intent of the Parties that these
provisions will be strictly followed in resolving issues under this Article
prior to implementation. Necessary functioning will only be invoked in those
cases which meet the strict definition as set forth by the Federal Labor
Relations Authority.
Section 3. Notification of changes
addressed in Section 2, above, will be provided at the local, regional, or
national level, as appropriate. Any mid-term agreements negotiated at the
regional or local levels that repeat, modify, or expand issues expressly
contained in this Agreement will be considered null and void until such
conflict is resolved.
Section 4. The Union may initiate bargaining on personnel policies,
practices, and matters affecting working conditions during the term of this
Agreement on matters not expressly contained in this Agreement in accordance
with the Federal Service Labor Relations Statute. When the Employer has
received a written proposal from the Union, if required, a meeting will be
scheduled within fifteen (15) days to review the Union�s proposal. The
Employer may submit written counter proposals within thirty (30) days of the
Union�s proposal. The Parties shall meet at mutually agreeable times and
places to conduct negotiations. If no agreement is reached, the provisions of
Section 5 of this Article shall apply.
Section 5. If, after a good faith effort, the Parties at the local
level are unable to reach an agreement, the issue may be escalated within ten
(10) days to the regional level. If, after a good faith effort, the Parties at
the regional level are unable to reach an agreement, the issue may be
escalated within ten (10) days to the national level. This applies to issues
originating at the local or regional level. If an agreement cannot be reached
at the national level, the Parties are free to pursue whatever course of
action is available to them under 5 USC 7119, "Negotiation impasses; Federal
Service Impasses Panel."
Section 6. With respect to the Federal Labor Relations Authority (FLRA)
three (3) prong test for determining whether a matter is �covered by� or
�contained in� the Collective Bargaining Agreement, the Parties agree that the
second and third prong of the FLRA�s test are hereby waived and will not be
used as a reason to avoid mid-term bargaining by either Party.
Section 7. If the Parties mutually agree, otherwise negotiable matters may
be addressed using the procedures in Article
24, Work Groups, Committees,
Program, and Project Representatives, thereby eliminating the need and legal
obligation to notify and negotiate under this Article.
Section 8. Upon the effective date of this agreement, all written
local, regional, or national agreements, memos of understanding, or like
documents, except those specifically referenced herein, will no longer be
valid. The Parties at the appropriate level may mutually agree to continue
existing agreements provided such agreements meet all of the terms and
conditions of this article.
Section 9. The Parties at the local or regional levels may enter into
written agreements or understandings; however, no local, regional, or
individual supplemental agreements will hereafter be authorized on any subject
matter expressly contained in this Agreement unless authorized herein.
Section 10. The time limits under this Article may be extended by
mutual agreement of the Parties.
|