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
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).
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