COLLECTIVE BARGAINING AGREEMENT

 

                                                 TABLE OF CONTENTS

 

 

PREAMBLE........................................................... iv

 

ARTICLE  1    NATIONAL AGREEMENT.......................... 1

 

ARTICLE  2    AUTHORITY......................................... 1

 

ARTICLE  3    EXCLUSIVE RECOGNITION AND COVERAGE OF THE AGREEMENT................................................... 1

 

ARTICLE  4    DATE AND DURATION OF AGREEMENT........ 2

 

ARTICLE  5    EMPLOYEE RIGHTS AND RESPONSIBILITIES .. 4

 

ARTICLE  6    EMPLOYER-UNION RIGHTS AND RESPONSIBILITIES.................................................. 6

 

ARTICLE  7    LABOR MANAGEMENT LEADERSHIP COUNCIL 9

 

ARTICLE  8    LABOR-MANAGEMENT NEGOTIATING PROCEDURES...................................... 10

 

ARTICLE  9    USE OF OFFICIAL FACILITIES.................. 11

 

ARTICLE 10   UNION REPRESENTATION AND OFFICIAL TIME          12

 

ARTICLE 11   VOLUNTARY DEDUCTION OF UNION DUES.. 15

 

ARTICLE 12   DISTRIBUTION AND COMMUNICATION....... 16

 

ARTICLE 13   EMPLOYEE DEBTS................................ 18

 

ARTICLE 14   EMPLOYEE CLAIMS FOR PERSONAL PROPERTY DAMAGE       18

 

ARTICLE 15   FILLING OF VACANCIES AND MERIT PROMOTION  18

 

ARTICLE 16   REASSIGNMENTS, DETAILS AND  TEMPORARY PROMOTIONS 25

 

ARTICLE 17   CAREER-LADDER PROMOTIONS................ 26

 

ARTICLE 18   EMPLOYEE EDUCATION, DEVELOPMENT AND TRAINING     27


ARTICLE 19   WITHIN-GRADE INCREASES.................... 32

 

ARTICLE 20   POSITION DESCRIPTION AND CLASSIFICATION. 36

 

ARTICLE 21   PERFORMANCE APPRAISAL SYSTEM.......... 37

 

ARTICLE 22   EQUAL EMPLOYMENT OPPORTUNITY......... 38

 

ARTICLE 23   REORGANIZATION................................ 38

 

ARTICLE 24   REDUCTION-IN-FORCE AND

                        TRANSFER OF FUNCTION PROCEDURES.. 39

 

ARTICLE 25   EMPLOYEE PERSONNEL FILES.................. 44

 

ARTICLE 26   SAFETY AND HEALTH............................ 47

 

ARTICLE 27   ON-THE-JOB INJURY............................. 49

 

ARTICLE 28   LEAVE.............................................. 51

 

ARTICLE 29   PART-TIME CAREER EMPLOYMENT PROGRAM 58

 

ARTICLE 30   HOURS OF WORK................................. 58

 

ARTICLE 31   OVERTIME......................................... 61

 

ARTICLE 32   REST PERIODS.................................... 62

 

ARTICLE 33   TRAVEL............................................. 62

 

ARTICLE 34   TELECOMMUTING PROGRAM.................. 64

 

ARTICLE 35   CHARITY DRIVES................................. 68

 

ARTICLE 36   EATING FACILITIES.............................. 69

 

ARTICLE 37   AUTO PARKING, BICYCLE RACKS, AND TRANSIT SUBSIDIES............................................... 69

 

ARTICLE 38   DISCIPLINARY ACTION........................... 70

 

ARTICLE 39   ADVERSE ACTION................................ 70


ARTICLE 40   REDUCTION-IN-GRADE AND REMOVALS 

BASED ON UNACCEPTABLE  PERFORMANCE 72

 

ARTICLE 41   NEGOTIATED GRIEVANCE PROCEDURES..... 75

 

ARTICLE 42   ARBITRATION..................................... 80

 

ARTICLE 43  OUTSIDE EMPLOYMENT AND ACTIVITIES..... 83

 

ARTICLE 44  ELECTRONIC  MONITORING..................... 85

 

ARTICLE 45  SPECIAL SKILLS.................................... 85

 

ARTICLE 46  OUTSOURCING..................................... 85

 

ARTICLE 47  ALTERNATIVE DISPUTE RESOLUTION ......... 86

 

APPENDIX I......................................................... A1

 


                                                          Preamble

 

WHEREAS the Congress of the United States has found that the right of public employees to organize, bargain collectively and partici­pate through labor organizations of their own choosing in decisions which affect them, safeguards the public interest, contributes to the effective conduct of public business and facilitates and encourages the amicable settlement of disputes between employees and their employers involving conditions of employment; and

 

WHEREAS the public interest demands the highest standards of employee and EMPLOYER performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee/employer performance and the efficient accomplishment of the operations of the Government; and

 

WHEREAS the well being of employees and efficient administration of the Equal Employment Opportunity Commission (EEOC) are benefitted when employees, through the labor organizations of their choice, and employers participate jointly in the formulation and implemen­tation of personnel policies and practices affecting employee conditions of employment; and

 

WHEREAS the public interest is best served through the maintenance of constructive and cooperative relationships that are based on mutual respect between labor organizations and management offi­cials; and

 

WHEREAS subject to law and the paramount requirements of public service, effective labor management relations within the Federal service require a clear statement of respective rights and obligations of all Parties;

 

NOW, THEREFORE, consistent with the requirements of the Civil Service Reform Act (CSRA) by virtue of the following, the Parties have set forth their agreements governing the rights, duties and obligations of the EEOC, the UNION and EEOC employees.

 

 

Article 1.00  National Agreement

 

It is agreed that this National Agreement and any Local Agreements as may be executed hereunder from time to time constitute a Collective Bargaining Agreement (CBA) by and between the National Council of EEOC Locals No. 216, American Federation of Government Employees, AFL‑CIO, consisting of its affiliate Locals, hereinafter referred to as the UNION, and the U.S. Equal Employment Opportunity Commission, hereinafter referred to as the EMPLOYER, pursuant to the letter and spirit of Public Law 95‑454, dated October 13, 1978, otherwise identified as Title VII of Civil Service Reform Act of 1978, 5 U.S.C. §§ 7101 et seq. (CSRA).

 

Article 2.00  Authority

 

The Parties enter into this Agreement under the authority granted in Title VII of the Civil Service Reform Act of 1978, 5 U.S.C. §§ 7101 et seq., and the Certification of Representative in Case No. 22-07926 (RO), dated April 20, 1978, from the Area Administrator, Labor Management Services Administration, Washington, D.C. Office.  As certified, the UNION has the sole authority and is the exclusive representative of all EEOC bargaining unit employees nationwide.

 

Article 3.00  Exclusive Recognition and Coverage of the Agreement

 

Section 3.01  The EMPLOYER recognizes the UNION, consisting of its affiliate Locals, as the exclusive representative of all employees in the unit as defined in Section 3.02 of this Article.   As long as the UNION is the sole and exclusive representative, the EMPLOYER agrees that it will not meet or negotiate with any other employee organization or association concerning any matters affecting personnel policies, practices, or terms and conditions of employment.

 

Section 3.02  This Agreement applies to all employees in the unit, which includes all professional and nonprofessional general schedule employees, including Schedule A and wage employees of the U.S. Equal Employment Opportunity Commission nationwide.  Excluded are all:

 

(a)            management officials as defined in 5 U.S.C. § 7103(a)(11);

 

(b)      supervisors as defined in 5 U.S.C. § 7103(a)(10);

 

(c)      confidential employees as defined in 5 U.S.C. § 7103(a)(13);

 

(d)      employees engaged in administering Title VII of the CSRA, as stated in 5 U.S.C. § 7112(c);

 

(e)      employees engaged in Federal personnel work other than in a purely clerical capacity in accordance with 5 U.S.C. § 7112(b)(3); and


(f)       employees as defined in 5 U.S.C. § 7112(b)(7), whose duties primarily involve investigative or audit functions (directly relating to the internal security of the Agency) which are undertaken to ensure that those who are being investigated or audited are acting honestly and with integrity.

 

Section 3.03  Certain provisions of this Agreement do not apply to all bargaining unit employees, as specifically denoted throughout the Agreement in those provisions.

 

Section 3.04  If the EMPLOYER makes the decision to exclude any position from the existing bargaining unit other than those defined in Section 3.02 above, it must notify the UNION in writing  as soon as the decision is made.

 

Section 4.00  Date and Duration of Agreement

 

Section 4.01  This Agreement shall take effect on September 2, 2002.

 

Section 4.02  The EMPLOYER and the UNION agree that this Agreement shall serve as the Master Agreement between the Parties for all EEOC facilities.  Local Agreements may be negotiated between the District Office or Headquarters Office(s) and their respective Local and shall cover all employees in the bargaining unit at the facility or office covered.  Local negotiations shall be conducted for those issues which only affect one (1) District Office (including Area and Local Offices) or one (1) Headquarters Office.  Issues which affect only the Washington Field Office will be negotiated by the Field Office Director and the appropriate Local President.  District Office Directors and Local Presidents are encouraged to use creativity and innovation to minimize such expenses.  District Office Directors may, at their option, elect to pay all, part or none of the UNION expenses incurred for Local negotiations.

 

Local Agreements shall not delete, be in conflict with, or otherwise nullify any provision, policy or procedure in this Agreement or any government-wide or Agency-wide rule, regulation or procedure.  All Local Agreements shall be subject to the terms and enforceability of this Agreement, but shall not be effective until reviewed for conformity with this Agreement, the law and regulations by EEOC and the National Council of EEOC Locals No. 216.  This review, and if necessary any modifications, shall be completed within 30 calendar days of submission.

 

National negotiations shall be conducted for those issues which affect more than one District Office and/or Headquarters Office or which involve reorganizations, reductions-in-force, furloughs, freezes on hiring and promotion or changes concerning the elements and standards of the Agency's performance appraisal system.

 


Section 4.03  This Agreement shall remain in effect for three (3) years from its effective date.  It shall be automatically extended for one (1) year unless terminated by either Party giving the other a written notice of its intention to terminate this Agreement in whole or in part no less than 60 nor more than 105 calendar days prior to its expiration date.  The Parties expressly agree that the statutory procedures provided at 5 U.S.C. §7119 shall be used to resolve any dispute concerning the negotiation of ground rules, irrespective of any notice to abrogate Article 8.00 or notice to terminate the Collective Bargaining Agreement.

 

Within 90 days from the effective date of this CBA, the Director, Office of Human Resources (OHR) and the National Council President (or their designees) shall meet and jointly review all national MOUs and local MOUs and agreements negotiated prior to January 1, 2002 to determine whether these agreements are consistent with the terms of this CBA.  Within 90 days following the completion, the Director, OHR and the National Council President will issue determinations to local UNIONs and Field offices regarding the approval of reviewed

agreements.  National and local agreements and MOUs determined to be not consistent with this CBA will be required to be modified or rescinded within 30 days of the determination issued by the Director, OHR and the National Council President.

 

Section 4.04  In the event that a Party decides to terminate this Agreement as provided for in Section 4.03, the following procedures shall apply:

 

(a)            Within 10 work days of notification, the Parties shall meet to negotiate ground rules for renegotiation of the CBA.  The time limit may be extended by mutual consent of the Parties.

 

(b)            Ground rule negotiations shall be held at a site agreed upon by both Parties. 

 

(a)                                Each Party will designate a Chief Negotiator who will have appropriate collective bargaining authority. 

 

Section 4.05  The provisions of this Agreement shall remain in full force and effect and unchanged, except in instances where the Parties mutually agree to amend, supplement or rescind provisions or in instances where regulation, law or provisions of this Agreement necessitate or authorize modification.

 

Section 4.06  Upon the expiration of this Agreement, the EMPLOYER shall be free to modify its personnel policies, practices and general conditions of employment in accordance with Title VII of the Civil Service Reform Act, to conform to changes in government‑wide rules or regulations that occurred during the contract term.

 

Section 4.07  The EMPLOYER and the UNION recognize that an effective relationship between the Parties requires the Parties to meet as mutually agreed and to discuss various issues or problems without surrendering or abrogating their respective rights guaranteed by this Agreement or Title VII of the Civil Service Reform Act of 1978.  Any waiver of rights by either Party, and/or any waiver or amendment to this Agreement, must be in writing and must be a clear and unmistakable waiver.

 


Article 5.00  Employee Rights and Responsibilities

 

Section 5.01  All employees shall have employment rights consistent with the merit system principles set forth in 5 U.S.C. §§ 2301-2302.

 

Section 5.02  Each employee shall have the right to form, join or assist any labor organization or to refrain from such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of this right.  Such right includes the right to:

 

(a)      act for a labor organization in the capacity of a duly authorized representative; and

 

          (b)      through authorized representatives or officers, engage in collective bargaining in accordance with the provisions of the law and this Agreement. 

 

Section 5.03  Employees may join and participate in any organizations or associations, without fear of penalty or reprisal, and be active therein provided such participation is not prohibited by law or government-wide rules or regulations or does not create or give the appearance of a conflict of interest. 

 

Section 5.04

 

(a)      Bargaining unit employees have the right to UNION representation at:

 

(1)            any formal discussion between one or more representatives of the EMPLOYER and one or more employees concerning any grievance or any personnel policy or practice or other general condition of employment; or         

(2)            any examination of an employee in the unit by a representative of the EMPLOYER in connection with an investigation if:

 

(A)      the employee reasonably believes that the meeting may result in disciplinary action against the employee; and                   

 

                                        (B)      the employee requests UNION representation. 

 

Further examination of the employee at that meeting shall be suspended until a UNION Representative is given an opportunity to be present.

 

(b)      The EMPLOYER shall inform its employees annually of their rights under this Section and provide copies of the notice to new employees upon entering on duty.

 

Section 5.05  Upon request from either Party, the employee or the EMPLOYER has the right to be informed of pending subjects of discussion between them.


Section 5.06  Each employee shall have the right to bring work-related matters of personal concern to the attention of appropriate officials of the EMPLOYER and/or the UNION.  The Parties agree an employee will be granted a reasonable amount of official duty time for these purposes.  The Parties further agree that supervisory clearance will be obtained and that such official duty time will not be abused.  The employee should schedule such meetings for times which do not unduly interfere with essential Agency functions.

 

Section 5.07  The employee has the right to request a UNION Representative to attend meetings with, or to represent the employee before, the EMPLOYER whenever the discussion involves a subject matter for which a contractual, regulatory or statutory right for UNION representation exists.  The UNION shall be given an opportunity to be present.

 

Section 5.08  The EMPLOYER and the UNION agree to foster a work environment which is conducive to good Employer-Employee working relationships.

 

The prompt, orderly discussion and resolution of work-related problems are important facets of such working relationships.  Therefore, when such problems and concerns arise, an employee is both free and encouraged to promptly discuss them with his/her immediate supervisor.

 

Section 5.09  No employee shall be required to disclose his/her religion, race, ethnic group, sexual orientation, age, disability or political affiliation, except as may be required in accordance with law.

 

Section 5.10  The EMPLOYER recognizes that employees should have appropriate workspace, tools and equipment to perform the duties of their positions.  The EMPLOYER will work diligently to provide these things in a reasonable period of time.

 

Section 5.11  This Agreement and its provisions may not preclude an employee from exercising other grievance or appeal rights established by law, rule or regulation, except an employee waives such rights by election of the negotiated grievance procedure.  Employees shall have the right to exercise any and all rights established by the provisions of this Agreement, law, rules and/or regulations without reprisal or fear thereof.  The proper exercise of employee rights under this Agreement includes the requirement to follow the procedures established herein.  Employees are expected to follow the procedures of applicable law, rules and regulations.

 


Article 6.00  EMPLOYER-UNION Rights and Responsibilities

 

Section 6.01

 

(a)      The EMPLOYER and the UNION subscribe to the principle that the right of employees to organize and bargain collectively through the UNION and thereby participate in decisions which exclusively affect them, serves to:

 

(1)            safeguard the public interest;

 

(2)      contribute to the effective conduct of public business;

 

(3)      facilitate and encourage the amicable settlement of disputes between the EMPLOYER and its employees;

 

(4)      contribute to the development of modern and progressive work practices to facilitate and improve employee performance and the efficient management of the operations of the Government; and

 

(5)      create positive labor-management relationships which balance and protect the rights of the employees, the EMPLOYER and the UNION.

 

Therefore, collective bargaining is in the public interest and will serve the good of creating a more harmonious workplace.

                    

(b)      The Parties subscribe to the principle that the rights and reservations described by this Agreement vest each with the  corresponding obligation to exercise its respective rights and responsibilities in a manner which promotes these goals.  The EMPLOYER, the UNION and its Representatives, consonant with the provisions of this Agreement, pledge to work together harmoniously to pursue these goals.

    

Section 6.02  The Parties recognize that the right of Federal employees to bargain collectively through the UNION, as described in the provisions of this Agreement, is also subject to limitations imposed on both Parties by statute which reserves to the EMPLOYER, consistent with applicable law, rules and regulations and this Agreement, the right and authority to:

 

(a)      determine the mission, budget, organization, number of employees and internal security practices of the Agency;

 

(b)      hire, assign, direct, lay off and retain employees in the Agency, or suspend, remove, reduce in grade or pay, or take other disciplinary actions against such employees;


(c)      assign work, make determinations with respect to contracting out and determine the personnel by which Agency operations shall be conducted;

 

(d)      with respect to filling positions, to make selections for appointments from: 

 

(1)      among properly ranked and certified candidates for promotions, or

 

(2)      any other appropriate source;

 

(e)      take whatever actions may be necessary to carry out the Agency mission during emergencies;

 

(f)       determine numbers, types and grades of employees or positions assigned to any organizational subdivision, work project or tour of duty; and

 

(g)      determine the technology, methods and means of performing work.

    

Section 6.03  Nothing in this Article shall preclude the EMPLOYER and the UNION from negotiating procedures which Management Officials of the Agency will observe in exercising any authority under this Article, or appropriate arrangements for employees adversely affected by the exercise of any authority under this Article.

 

Section 6.04  Any election by the EMPLOYER to discuss a subject referred to in Section 6.02(f) and (g) shall not be a waiver of its rights as stated in Section 6.02.  Moreover, the EMPLOYER expressly reserves the right to withdraw any subject referred to in Section 6.02 from discussion any time prior to agreement.

 

Section 6.05  The UNION and its designated Represen­tative have the right, and shall be protected in the exercise of the right consistent with the provisions of the law and this Agreement, to:           

 

(a)      engage in collective bargaining;

 

(b)      handle grievances and appeals;

 

(c)      represent employees by being afforded the opportunity to be present at:

 

(1)      any formal discussion between one or more representatives of the Agency and one or more employees in the bargaining unit or their representatives con­cerning any grievance or any personnel policy or practice or other general condition of employment, or

 

 


(2)      any examination of an employee in the bargaining unit by a representative of the Agency in connection with an investigation if:

 

(A)      the employee reasonably believes that examination may result in disciplinary action against the employee, and

 

(B)      the employee requests representation. 

 

Section 6.06  The EMPLOYER recognizes that in the lawful exercise of representational rights in accordance with statute and the terms and conditions of this Agreement, the UNION and its Officials shall be held free from penalty, restraint, retaliation or reprisal.

 

Section 6.07  The UNION and EMPLOYER further agree that their mutual and respective obligations to honor the terms and conditions of this Agreement include the obligation to fairly and factually represent and advise employees and managers as to their rights and responsibilities under this Agreement, statute or regulation.

 

Where disputes arise concerning the interpretation or application of this Agreement or of applicable law or regulation, or a breach thereof is alleged to have occurred, the Parties agree to discuss the allegations and attempt informal resolution before statutory recourse of any kind is invoked.

 

Section 6.08  The EMPLOYER agrees to notify the UNION, as appropriate, of any proposed new directives, notices, orders, regulations or rules affecting conditions of employment in the bargaining unit.  Prior to implementation of proposals, the EMPLOYER and the UNION shall meet and confer, as appropriate, in accordance with the procedures established in Article 8.00, Labor-Management Negotiat­ing  Procedures. The EMPLOYER agrees not to make any substantive changes to any existing directives, orders, notices, regulations or rules affecting conditions of employment without notification to the UNION.  Prior to implementation of changes, the EMPLOYER and UNION shall meet and confer on the changes, as appropriate, in accordance with the procedures established in Article 8.00, Labor-Management Negotiat­ing  Procedures.

 

Section 6.09  The UNION agrees not to interfere with the EMPLOYER's operation by calling, participating in or condoning activities such as a strike, work stoppage, slowdown or unlawful picketing in connection with a labor-management dispute or hindering an employee’s work performance or productivity.

 


Section 6.10  In exercising their respective rights or in fulfilling their respective obligations, the EMPLOYER and the UNION pledge to do so in a manner which:

 

(a)      fosters a spirit of labor-management cooperation and mutual respect;

 

(b)      recognizes the obligation as civil servants to prudently, judiciously, efficiently and with due regard to the need for economy, exercise the representational or managerial rights assigned herein;

 

(c)      promotes effective and informed communication between supervisor and employees, which is essential to improve the Agency mission, develop human resources, enhance job satisfaction and promote amicable dispute resolution; and

 

(d)      is consistent with the procedures, processes and provisions set out in the specific Articles of this Agreement.

 

Section 6.11  Upon written request, the EMPLOYER shall furnish to the UNION, to the extent not prohibited by law, data which is normally maintained by the EMPLOYER in the regular course of business; which is reasonably available and necessary for full and proper discussion, understanding and negotiation of subjects within the scope of collective bargaining; and which does not constitute guidance, advice, counsel or training provided for Management Officials or supervisors relating to collective bargaining. 

 

Section 6.12  In keeping with the spirit of Public Employee Recognition during the month of May, managers and Local UNION officials are encouraged to recognize the achievements of our workforce.  The EMPLOYER will make available a room at all of its facilities for use by the UNION to conduct recognition activities.  Additionally, the EMPLOYER will provide all bargaining unit employees with one (1) hour of administrative leave to participate in organized recognition activities.

 

Article 7.00  Labor Management Leadership Council

 

Section 7.01  The Parties acknowledge their mutual responsibility to work together to make the agency a model workplace.  The Parties believe this can be best accomplished through the exchange of views on matters addressing conditions of employment to enhance the Agency’s efficiency so that it successfully carries out its mission.

 

Section 7.02   The Parties agree to develop a spirit of mutual trust and respect by supporting cooperative participation at the National level through a Labor Management Leadership Council.  This Council will meet twice a year to discuss issues or problems without surrendering or abrogating their respective rights guaranteed by this Agreement or Title VII of the Civil Service Reform Act of 1978.  Meetings held under this Section are appropriate for negotiating issues of mutual concern and resolving issues of contract administration.  The Parties may meet more frequently under this Article by mutual agreement and as needed.


Section 7.03  Such Council meetings shall be scheduled at mutually agreeable times.  To facilitate the discussion and operation of the Council, either party may exchange agenda items no later than ten (10) workdays prior to the meeting, except by mutual agreement.

 

Section 7.04  The Council shall be composed of an equal number of members representing the UNION and the EMPLOYER.  Specifically, there will be four (4) members on each side, four (4) appointed by the Chair and four (4) appointed by the National Council President. 

 

Section 7.05   The EMPLOYER agrees to pay travel and per diem for two (2) UNION members.

 

Article 8.00  Labor-Management Negotiating Procedures

 

Section 8.01  This Collective Bargaining Agreement represents the full and complete agreement between the Parties.  The UNION and the EMPLOYER agree to be bound by the terms of this Agreement without regard to geographical location or organizational component.

 

Section 8.02  Agency rules, regulations, orders or other directives which are inconsistent with this Agreement are modified and/or superseded as of the effective date of this Agreement, until amended by the EMPLOYER to conform to this Agreement.

 

Section 8.03  The Parties agree to negotiate, as appropriate, with respect to the impact and implementation of changes which would substantively alter conditions of employment resulting from:

 

(a)      changes in law, government-wide rules and regulations or other formal directives to which the EEOC is subject;

 

(b)      changes in formal EEOC directives, regulations or orders;

 

(c)      changes resulting from the exercise of rights reserved to Management; or

 

(d)      matters specifically designated for negotiation in other Articles of this Agreement.

 

Section 8.04  When there is an obligation to negotiate as a result of the matters listed in Section 8.03, the Parties agree that the procedures set forth in this Article shall constitute the sole procedure for such negotiations.  Time frames within this Article may be waived by mutual consent of the Parties.

 

Section 8.05  Procedures for Negotiation

 

The Parties agree that the process cited below shall not be necessary if prior agreement is reached in consultation sessions.

 


(a)      The EMPLOYER shall notify the UNION in a timely manner, in writing, of proposed changes as specified in Section 8.03.  The EMPLOYER shall also inform the UNION of the proposed implementation date, the manner of implementation and schedule, if any.

 

(b)      If the UNION wishes to negotiate on the proposed changes, it shall notify the EMPLOYER of the UNION's specific concerns within 10 work days following notification by forwarding written proposals on all matters it wishes to discuss further or negotiate.  The time limits herein may be extended (e.g., for proposed reductions-in-force or reorganization, etc.) by mutual agreement.

 

(c)      If a negotiating session is requested and such a meeting is scheduled, the EMPLOYER shall pay the travel and per diem of one (1) UNION negotiator.

 

(d)      Agreements and understandings reached in these discussions shall, at the request of either Party, be promptly reduced to writing and signed by both Parties.  Such agreements or understandings shall conclude discussions on such matters as have been agreed to by the Parties.

 

(e)      If, after discussion of the proposals, agreement cannot be reached, either Party may inform the other Party in writing that it is initiating the statutory procedures provided at 5 U.S.C. §7119 and its implementing regulations. 

 

Section 8.06  Local Negotiation Procedures

­

For Local negotiation disputes, the UNION shall proceed under the statutory procedures provided at 5 U.S.C. §7119 and its implementing regulations.

 

Article 9.00  Use of Official Facilities               

 

Section 9.01  The EMPLOYER will make appropriate space available in each EMPLOYER facility for confidential employee-UNION consultation, upon request by the UNION as the need arises. 

 

Section 9.02  Upon written request by the UNION, the EMPLOYER shall make available to the UNION, where possible, appropriate space for representational meetings with the employees involved, on an as needed basis.  Such requests shall be made as far in advance as possible.  The Parties agree that such requests and the duration of such meetings will be kept to a minimum.

 


Section 9.03  The EMPLOYER will make appropriate space available in each EMPLOYER facility for the purpose of UNION meetings upon request by the Local UNION, but normally not more than once each month.  The UNION will inform the EMPLOYER in advance of its desire for space.  The UNION agrees to exercise reasonable care in using such space and will leave it in the same condition as it was found.  Employees attending meetings under this Section will do so only during non-duty hours or while they are in a leave status.

 

Section 9.04  The EMPLOYER will provide the UNION with private secured space at the Headquarters of the Council and at each facility to which a Local President is assigned.  Should any Agency facility housing such space be relocated during the period of this Agreement, the EMPLOYER agrees to include a request for UNION office space in its space request to the General Services Administration.

 

Section 9.05  At those Agency facilities housing the Headquarters of the Council and each Local, the EMPLOYER shall provide the UNION with space, furniture, file cabinets, a telephone and equipment for use