Article 36
Mid-Term Bargaining
History

Section 1. Bargaining Committees

All negotiations that may take place during the life of this Agreement shall be conducted by a Mid-Term Bargaining Committee at the Departmental or Agency level. Each party shall be entitled to name up to five (5) members to serve on the Committee at any bargaining session.

Section 2. Departmental Mid-Term Negotiations

a. With the exception of negotiations regarding space or organizational changes affecting a single Agency, all mid-term negotiations shall take place at the Departmental Committee. This Committee shall meet quarterly for the purpose of conducting negotiations. Additional sessions may be held upon mutual agreement of the parties.
b. The agenda shall consist of all items that either party wishes to negotiate and has so notified the other party at least thirty (30) calendar days prior to the scheduled start of negotiations. The parties will meet at least five (5) workdays prior to the start of negotiations to finalize the agenda and clarify the issues and interests. Management agrees to provide the Union with all relevant information and documents regarding items on the agenda prior to the above meeting. Mid-term bargaining sessions shall be conducted continuously for up to five (5) days, as necessary.

Section 3. Agency Mid-Term Negotiations

Negotiations shall occur at the Agency level for all organizational changes or space changes that are specific to a particular Agency. Such negotiations shall be scheduled to begin no later than fifteen (15) workdays after the Union has received the final DOL-approved organizational change, as specified in Article 35, or the final floor plans as specified in Article 29. Mid-term bargaining sessions shall be conducted continuously for up to five (5) days, as necessary. Any agreement reached at such 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. 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.

Section 4. Time Frames

Any time frames specified in this Article may be waived or extended by mutual agreement of the parties.

Section 5. Mid-Term Bargaining Impasses

Impasses in negotiations on the part of the Department or Agency Mid-Term Bargaining Committee shall be resolved by recourse to the provisions of Section 7119 of the Federal Service Labor-Management Relations Statute.

Section 6. Interest-Based Bargaining

The parties agree to use the techniques of interest-based bargaining where appropriate.