ARTICLE 11
Bargaining During the Term of the Agreement
SECTION 1. Under current law a mutual right exists to initiate bargaining over negotiable matters not covered by an applicable collective bargaining agreement. The parties therefore agree to respect each other's right to initiate bargaining over matters not covered by this Agreement during the life of the Agreement.
SECTION 2. A. When, at any time during the life of this Agreement, Management proposes a change that affects the employees' conditions of employment, or that involves procedures or arrangements for which negotiations are required under 5 U.S.C. 7106(b)(2) and (3) (i.e., so-called "impact and implementation" bargaining), Management shall give the Union notice in writing. The notice shall state the nature of and reasons for the proposed change or other action for which negotiations are required. Within ten calendar days following receipt of such notice, the Union shall notify Management in writing of its desire to consult or negotiate upon the proposed change. Within ten calendar days of the Union's notification to consult or negotiate over the proposed action, the Union shall submit specific written proposals, which may include a proposal that the change not be made. The Union's proposals will clearly articulate the adverse effects of Management's proposed change and how the proposals specifically apply to the employees affected. If required, the parties agree to begin bargaining as soon as practicable, but not later than 14 calendar days after submission of the Union's proposals.
B. If a proposed action for which negotiation is required is purely local, Management may provide the required notice to the local Union steward, and the Union may authorize the local Union steward to conduct the consultations or negotiations provided for in this article.
C. The results of negotiations under this section shall be reduced to writing in a Memorandum of Understanding (MOU), subject to agency head review. Disputes over the interpretation or application of an MOU will be resolved pursuant to the grievance procedure in Article 9 .
D. In the event of impasse, Management may implement its last best offer once the parties have reached impasse unless, within seven calendar days after impasse, the Union has contacted and requested the services of the FMCS or, where appropriate, the Federal Service Impasses Panel (FSIP). If the services of the FMCS or FSIP are timely requested, Management shall maintain the status quo to the maximum extent possible, that is, to the extent consistent with the necessary functioning of the agency.
E. Where the Union requests information in response to a change proposed by Management, the information will be provided consistent with Article 6 of this Agreement. The parties agree to continue any ongoing negotiations pending Management's response to an information request. Any relevant time limits will be stayed until the information has been received by the Union, except when there is an overriding exigency.
SECTION 3. In the event of a Union proposal to bargain, Management will respond within 30 calendar days after receipt by either agreeing to the proposal or offering a counter proposal. The parties agree to begin bargaining as soon as practicable.
SECTION 4. In the event that the Department of Commerce and/or NOAA and/or NOAA-GC are reorganized, this Agreement will be revised for the sole purpose of conforming references contained herein to the Department of Commerce and/or NOAA and/or NOAA-GC to the appropriate successor departments and/or agency(ies) and/or office(s).
SECTION 5. Negotiations or consultations under this article will be telephonic unless the parties mutually agree otherwise.
SECTION 6. Any time limit in this article may be extended by mutual consent in writing.
 |
 |
 |
 |
 |
 |
 |
 |
