ARTICLE 13

NEGOTIATIONS

1. GENERAL. The Employer and the Union recognize that collaborative relations are conducive to the accomplishment of the Employer's mission requirements, overall productivity and Employee morale. The Parties further recognize the statutory rights and obligations placed upon them to bargain, as appropriate, in good faith, and work towards effective solutions to differences.
   1. All negotiations between the Parties will be conducted in accordance with laws, Executive Orders, rules and regulations, as interpreted by the FLRA or other appropriate authority, and the provisions of this agreement, in particular, this Article. The Parties agree to conduct negotiations in the spirit of Partnership.
      
   2. Departmental and Bureau-level policies, procedures or instructions which do not directly implement a government-wide rule, and which are in conflict with the provisions of this Agreement, may not be unilaterally enforced.
      
2. OTHER AGREEMENTS.
   
   1. Any and all past practices in conflict with the provisions of this Agreement become null and void upon the approval of this Agreement by the Department of the Interior.
      
   2. Any Agreement reached by the Parties subsequent to the approval of this Agreement and during its life (including extensions) shall become part of, and run concurrently with, this Agreement.
      
   3. In the event that the Employer proposes changes in conditions of employment in the exercise of its rights under Section 7106 of the Statute, negotiations shall be in accordance with Section 7106(b)(2) and (3) of the Statute.
      
3. UNION INITIATED MID-TERM BARGAINING. The Parties agree to engage in union-initiated mid-term bargaining in accordance with the Statute as interpreted by the FLRA.
   
4. PROCEDURES FOR NEGOTIATIONS. The Parties agree to meet at times convenient to the Parties and on the Employer's premises. To the fullest extent possible, negotiations will not be scheduled to begin prior to 8:00 a.m. nor end after 4:30 p.m.
   
   1. NOTIFICATION. The Union President or his/her designee will serve as the official contact point for any required notification of the Union. Union notification will normally be provided in writing (to include e-mail) for major changes twenty (20) days prior to implementation. Notification of minor changes, five (5) days in advance of implementation, will be provided to the Union President or his/her designee in writing. A copy of the notification to the Union President or his/her designee in writing. A copy of the notification to the Union will be simultaneously provided to the Union’s Secretary/Treasurer.

   2. REQUESTS TO BARGAIN. All Union requests to bargain will be made in writing (to include e-mail) to the Chief Librarian, or his/her designee. A copy of the request to bargain should be simultaneously forwarded to the Bureau Labor Relations Officer.
      

      (1) Union requests to negotiate, must be received within twenty (20) work days following any notification by the Employer where there is a major impact on the conditions of employment of bargaining unit Employees.

      (2) The Union will request to negotiate within five (5) work days of any notification by the Employer where there is minor impact on the conditions of employment of bargaining unit Employees.

      (3) The Parties agree that there will be times when the nature of the change and/or the contents of either Parties proposals may be such that the initial meeting between the Parties may be best used to exchange and/or clarify information prior to actual negotiations. The parties agree to use IBB techniques to the fullest extent possible during all negotiation meetings.

   3. NEGOTIATION TIME FRAMES. The Employer will enter into good faith negotiations within the same time frames for the situations described in paragraph b. above. The time frames may be extended or contracted as necessary upon mutual agreement by the Parties. The Parties agree to cooperate in completing negotiations within shorter time frames when problems arise concerning conditions of employment which necessitate more immediate attention.
      
5. DISPUTES. The Parties agree that it is in the best interest of continued collaborative relations to resolve disputes regarding negotiations in the most expeditious manner possible. Therefore, the following two-step procedures will be followed to resolve disputes:
   
   1. IMPASSES. When the Parties have reached impasse on a negotiable matter and the Parties agree further discussion will not remedy the situation:
      

      (1) The particular item will be set aside, and negotiations will continue. After all other negotiable items for which Agreement can be reached have been addressed, the Parties will again attempt to resolve any and all impasses.

      (2) If after the second attempt at Agreement, impasse(s) still exists, the Union or the Employer will contact the FMCS to request a mediator. The Parties will then participate fully in an attempt to resolve the impasse with the services of the mediator. If they remain at impasse, either party may request the services of the Federal Services Impasse Panel (FSIP).

   2. NEGOTIABILITY DISPUTES. When the Employer informs the Union that a matter is non-negotiable, the Union has a right to file for a negotiability ruling with the FLRA.