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ARTICLE 7
MATTERS APPROPRIATE FOR NEGOTIATIONS AND CONSULTATIONS
SECTION 1. Management and the Union agree to enter into consultation or negotiation before implementing or changing any personnel policy or program formulated at Wallops CDA Station pertaining to matters that affect working conditions of unit employees.
SECTION 2. It is agreed that matters appropriate for consultation, or negotiations are personnel policies and practices related to working conditions which fall within the scope of authority of Management, and for which Management is required to meet and confer by Federal Law, including but not limited to such matters as safety, training, labor management cooperation, employee services, granting of leave, promotion plans, demotion practices, pay practices, reduction in force practices and hours of work.
SECTION 3. In order to expedite implementation of desired personnel policies and program modifications and changes, impacting on conditions of employment, it is herewith agreed that a copy of each proposed change will be dispatched by Management to the Branch Steward, no later than 15 calendar days prior to the proposed implementation date. Where the Union determines response on the proposal is appropriate, the Union will submit such response to arrive not later that 10 days after receipt of the proposal. Comments received on or before the 10thcalendar day will be carefully reviewed with the intent to implement wherever appropriate. Failure to submit a response in the prescribed time frames shall constitute de facto agreement with the proposed changes and therefore not subject to further review under any procedure or mechanism legal, statutory or negotiated.
SECTION 4. Should a dispute occur between the parties over the meaning and/or intent of a regulation or part thereto, the parties will jointly draft a statement seeking the originating level's interpretation of the disputed regulation or part and dispatch the statement to the writer of the regulation. The originator's interpretation shall be binding on both parties.
SECTION 5. Should a dispute between the parties occur over the negotiability of any matter, the parties will request a determination be made by the appropriate authority (FLRA).
SECTION 6. Should the Union elect consultation, a special labor-management meeting as prescribed in Section 1, Article 8, shall be convened for the purpose of obtaining, and giving due regard to, the Union's views on the proposed action. Should the Union elect to negotiate, the parties shall meet and confer upon the proposed action at a mutually agreeable time. Notice of election to consult shall waive the Union's right to bargain upon the proposed action under this section.
SECTION 7. It is agreed that when during the negotiation process, either party declares an impasse and neither party has requested the service of the Federal Service Impasse Panel (FSIP) within five (5) days, the Employer may effect the proposed change in accordance with the last proposal made by Management and appropriate notice is given to the Union as to when the changes are intended to be put into effect.
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