Article 41
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, as necessary.
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 or FSIP.
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 appropriate.