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Article
35
Labor-Management Relations
History
Section
1. Statement of Purpose
The parties
recognize that the entrance into a formal collective bargaining
agreement is but one act leading toward a constructive labor-management
relationship. The success of a labor-management relationship
is further assured if a structured forum is established and
used by the parties to communicate with each other on matters
of mutual concern or interest in the area of conditions of
employment.
Section
2. Levels of Consultation and Communication
To promote
a constructive labor-management relationship, Local 12 and
the Department are committed to establishing and maintaining
meaningful consultation and communication between the parties
throughout all levels of the Department. Such consultation
and communication shall characterize the relationship at every
level, from that between the Union steward and the supervisor
of the unit where he/she is steward, the Agency's Labor-Management
Relations Committee, and the Department's Labor-Management
Relations Committee. At each such level, such consultation
and communication shall be held at appropriately scheduled
meetings, interspersed where needed by special meetings which
may be called by either party as appropriate.
In mutual
recognition of the parties' joint desire to discuss and resolve
issues of concern at the lowest possible level, the Union
steward and first-level supervisor should meet periodically
for the purpose of meaningful consultation and communication
on the problems and policies of the organization in their
working unit. Such meetings between supervisors and stewards
shall be on duty time, shall be brief, and shall cover matters
of concern between them and appropriate to their relationship.
Section
3. DOL Agency Labor-Management Relations Committees
The parties
agree to establish a structure for meaningful consultation
and communication at the Agency level. Toward this end, Local
12 and the Agency shall each name five (5) permanent members
to serve on each Agency Labor-Management Relations Committee.
The Agency Labor-Management Relations Committee shall meet
at least quarterly, unless agreed to otherwise.
For purposes
of the Article, organizational components which are part of
the Office of the Secretary shall be considered to be one
Agency with the Director of the National Capital Service Center
responsible for convening the quarterly Agency Labor-Management
Relations Committee meeting. These organizational components
shall be defined as including:
- Immediate
Office of the Secretary
- Immediate Office of the Deputy Secretary
- Office of the Assistant Secretary for Policy (ASP)
- Bureau of Labor-Management Relations and
Cooperative
Programs (BLMRCP)
- Benefits
Review Board (BRB)
- DOL Academy
- Employees' Compensation Appeals Board (ECAB)
- Executive Secretariat
- Office of Administrative Appeals (OAA)
- Office of Administrative Law Judges (OALJ)
- Office of Congressional and Intergovernmental
Affairs
(OCIA)
- Office
of Public Affairs (OPA)
- Office of Small and Disadvantaged Business
Utilization
(OSDBU)
- Wage
Appeals Board (WAB)
- Office of the Chief Financial Officer (OCFO)
- Women's Bureau
In instances
where the issues of concern relate to a specific organizational
component, the Director of the National Capital Service Center
will arrange for a meeting with the appropriate parties.
Section
4. Department Labor-Management Relations Committee
The parties
also agree to establish a structure for meaningful consultation
and communication concerning Department-wide issues at the
Department level. Toward this end, Local 12 and the Department
shall each name five (5) permanent members to serve on a committee
which shall be known as the Department Labor-Management Relations
Committee. This Committee shall meet at least quarterly.
Section
5. Organizational Changes
a. The
Department and Local 12 agree that there shall be meaningful
consultation between them on organizational changes.
b. It is the intent of the parties to resolve issues regarding
organizational changes at the lowest possible level. When
Management is proposing an organizational change that will
impact bargaining unit employees, notification will be given
to the Chief Steward for the affected Agency. The Chief
Steward or his/her designee shall arrange a meeting to consult
with the appropriate Management official(s) concerning the
proposed changes. Following these consultations, the Union
will be provided a copy of the final plan that has been
approved by appropriate officials. If there are no outstanding
issues, the plan will be implemented. If any subsequent
changes to the proposal are made after initial consultations
have been completed, further consultations will be conducted.
c. Prior to consultations in 5.b. above, the Department
shall furnish the Union copies of the following:
(1)
a description of the nature of the change;
(2) organizational charts (old and new);
(3) mission and function statements (old and new);
(4) staffing patterns (old and new) indicating vacancies
and changes of personnel;
(5) changes in floor plans;
(6) estimate of future changes; and
(7) such other information as the Union deems necessary
for the consultations.
d. Upon
receipt of the final approved organizational change, the
Union will have five (5) workdays from receipt of the plan
to request negotiations. Such negotiations shall be conducted
in accord with the provisions of Article 36.
e. Where an organizational change affects more than one
Agency, consultations and negotiations, if necessary, shall
be conducted at the Departmental level.
Section
6. Impact Bargaining
Nothing
in this Article shall be construed to preclude impact bargaining
on matters covered in 5 U.S.C. 7106.
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