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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. |
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Article 42 Informational Reports |
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Section 1. Periodic Reports Utilizing technology, the Department shall provide the Union on a periodic basis the following in connection with positions in the bargaining unit: a. List of positions subject to priority consideration and referrals (quarterly); b. Lists of new employees (appointments by type and term), transfers, promotions, and separations by type (monthly); c. Statistical report provided to the Department of Health and Human Services on the Department's Drug Testing Program (semi-annual); d. List of Department's commercial activities (annual); e. Lists of government activities not inherently governmental in nature at the time such lists are provided to the public in accordance with Section 2(c)(1)(a) of the Federal Activities Inventory Reform Act of 1998, Public Law 105-270 (annual); f. List of workforce data for employees in the Washington, D.C., metropolitan area, which will include the following: Workforce composition (overall and by Agency) by race, sex, and grade level; and promotions, accessions, and separations (overall and by Agency) by race, sex, and grade level (annual); g. List of the name, pay program, grade and step, series, title, and bargaining unit status of all (bargaining unit and non-bargaining unit) employees in the Washington, D.C. metropolitan area by Agency and organizational entity, indicating whether an employee is having Union dues withheld (semiannual on the first of March and the first of September); h. Report, by agency, of time off/cash awards (to include grade, series, amount and type) given to bargaining unit employees (annual); i. Breakdown of awards budgets, performance ratings of record, and performance awards within sixty (60) days after the awards payouts (annual).
Section 2. Format To the extent practicable, the Department will attempt to transmit the informational reports in the format requested by Local 12. |
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Article 41 Bargaining During the Term of the Agreement |
