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Article 38 Governing Laws and Regulations
Posted On: Oct 29, 2013

Article 38

Governing Laws and Regulations

Section 1. General

In the administration of all matters covered by this Agreement and any

supplements thereto, the parties are governed by existing or future laws and

regulations of appropriate authorities; by published Department policies and

regulations in existence at the time this Agreement became effective; and by

subsequently published Department policies and regulations required by law or by

the regulations of appropriate higher outside authorities.

Section 2. Agreement Governs

Where existing provisions of Departmental and/or Agency regulations are in

conflict with this Agreement, the provisions of this Agreement shall govern.

Section 3. New or Changed Rules or Regulations

a. Except as may be required by law, new or changed rules or regulations

issued after the effective date of this Agreement (including those which are

prescribed by higher authority) which are in conflict with working conditions

specifically contained in this Agreement may not be made applicable to

bargaining unit employees during the term of the Agreement without

agreement of both parties.

b. The Department shall notify Local 12 of new or changed rules or regulations

required by higher authority which are not in conflict with working

conditions specifically contained in this Agreement, but which may impact

upon working conditions of bargaining unit employees. The Union may

bargain over the impact and implementation of such rules or regulations in

accordance with Section 4.

c. For purposes of this Section, working conditions contained in Departmental

rules and regulations but not contained in this Agreement may not be

changed unless bargained by the parties. Either party may reopen

negotiations on such working conditions in Departmental rules and

regulations one year after the effective date of this Agreement and annually

thereafter.

d. Any changes to rules or regulations, with respect to working conditions of

bargaining unit employees, or amendments to this Agreement which are

negotiated and agreed to pursuant to this Section will be duly executed by

the parties in a Memorandum of Understanding and will become an integral

part of this Agreement and subject to all the terms and conditions of this

Agreement.

Section 4. Bargaining Over New or Changed Rules or Regulations or

Management Initiated Changes

Upon the Union making a timely request to bargain, such bargaining pursuant to

Section 3 will occur in accordance with Article 41, except that bargaining resulting

from Section 3c. above may occur only once each contract year.


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