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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