Bargaining During the Term of the Agreement
Section 1. Introduction
In all provisions of this Agreement which relate to or deal with Management’s
obligation or duty to bargain, the obligation or duty to bargain is consistent and
synonymous with the statutory obligation or duty to bargain. That is, in all
relevant provisions of this Agreement, it is understood by the parties that
Management neither adds to nor detracts from its statutory duty to bargain. In all
respects, the Federal Labor-Management Relations Statute and case law of the
Federal Labor Relations Authority and the Courts govern Management’s obligation
or duty to bargain.
The parties agree that the Union maintains its statutory right to initiate bargaining
during the term of the Agreement. Such requests and management’s obligation or
duty to bargain in connection with such requests are governed by the Federal
Labor-Management Relations Statute and the case law of the Federal Labor
Relations Authority and the Courts.
Section 2. Process
a. With the exception of negotiations regarding space or organizational
changes affecting a single Agency, all negotiations during the term of the
Agreement shall take place at the Departmental level. Negotiations shall
occur at the Agency level for all organizational changes or space changes
that are specific to a particular Agency.
b. Where there is an obligation to bargain over contemplated changes in
conditions of employment, the Department shall provide reasonable
advance notice to the Union of intended changes.
c. If the Union desires to bargain, it must submit a request to the Department
or, in the case of an Agency organizational change or space change, to the
Agency within ten (10) workdays of receipt of the notice. Failure to submit
a timely request shall constitute a waiver on the part of the Union.
d. If the Union wishes to initiate bargaining during the term of the Agreement,
it must submit a request to the Department.
e. Upon a timely request being made by the Union in response to a
management initiative for which a duty to bargain exists, the parties shall
schedule bargaining to begin no later than fifteen (15) workdays from the
time of receipt by the Union of Management’s notice.
f. Upon a Union initiated request to bargain in connection with a matter for
which a duty to bargain exists, the parties shall schedule bargaining to
begin no later than fifteen (15) workdays from the time of receipt by
Management of the Union’s request.
g. The Union may name up to five (5) members to represent the Union at
Departmental or Agency bargaining.
h. Bargaining sessions shall be conducted continuously for up to five (5) days,
i. Any agreement reached at Agency negotiations must be submitted to the
President of Local 12 and the Director of the Office of Employee and Labor-
Management Relations (OELMR) for approval for purposes of legal
sufficiency only. Should the parties desire the services of the Federal
Mediation and Conciliation Service (FMCS) or the Federal Service Impasses
Panel (FSIP), they must first get the approval of the Union and the
Department, who shall represent the parties in any dealings with the FMCS
j. Impasses in negotiations on the part of the Department or an Agency shall
be resolved by recourse to the provisions of Section 7119 of the Federal
Service Labor-Management Relations Statute.
k. Any time frames specified in this Article may be waived or extended by
mutual agreement of the parties.
l. The parties agree to use the techniques of interest-based bargaining where