Labor Relations
GSFC-GESTA Collective Bargaining Agreement
Article 6 Labor-Management Responsibilities
SECTION 6.01 The parties recognize collective bargaining requires the parties to meet at reasonable times to consult and bargain in good faith in an effort to reach an agreement with respect to all personnel policies, practices, or other matters affecting working conditions of employees in the Units. Negotiable issues arising from Articles contained in this Collective Bargaining Agreement will be addressed through the procedural provisions of this Article. The obligation to negotiate change(s) in existing conditions of employment should not operate so as to unreasonably delay necessary changes.
There are three levels of representation specified in the Civil Service Reform Act (CSRA): (1) Consultation - discussions that do not have to result in agreement; (2) Impact and Implementation Bargaining - bargaining on the implementation procedures and impact on Unit employees as a consequence of Management decisions; and (3) Bargaining on Substance - bargaining on all aspects of a proposal.
SECTION 6.02 The labor-management responsibilities follow this general process. Management will notify GESTA when decisions would have an impact on working conditions of Unit employees or otherwise create a bargaining obligation. When Management receives an instruction or direction from a higher authority affecting the general working conditions or decides on its own initiative to change an existing practice affecting working conditions for areas not covered in this Agreement or takes an action creating a bargaining obligation, Management will notify GESTA in writing. GESTA will be given reasonable time, as described in subsequent Sections of this Article, after receipt of Management's notice to consider Management's proposed change and make an election to consult, to bargain on the impact/implementation, or to bargain on the substance of the proposal as appropriate. GESTA may seek clarifying discussion and may request an extension of the decision due dates, which will not be unreasonably denied. If GESTA fails to act, GESTA will have waived its right to consult or bargain and Management's bargaining obligation is fulfilled. Management will be free to implement the change. The following are procedures that the parties will follow in meeting the intent of the CSRA:
a. Consultation Process
If feasible, Management will notify the Union at least five (5) workdays in advance of changes for which the Union has no bargaining rights. GESTA will enter into consultation by notifying the Labor Relations Officer. Consultation means any dialogue, either oral or written, between Management and GESTA officials on specific issues. Consultation, unlike negotiation, does not involve joint decision making and the consultative process need not necessarily result in agreement between Management and GESTA. Upon request, Management will schedule a meeting with GESTA. If GESTA provides written comments or recommendations prior to implementation, Management will:
1. consider the comments and recommendations; and
2. provide GESTA with a written statement of the reasons for taking the final action with respect to GESTA's comments or recommendations.
b. Impact/Implementation Bargaining
After Management notifies the Union, the Union has seven (7) workdays to request a meeting of Management through notice to the Labor Relations Officer. GESTA will have seven (7) workdays to submit proposals following this meeting or fourteen (14) workdays following the initial notification if no meeting is scheduled. If the parties cannot reach agreement, the parties will follow impasse proceedings through the Federal Mediation and Conciliation Service to the Federal Service Impasses Panel or follow established negotiability procedures of the Federal Labor Relations Authority. Management will not implement the change before the impasse is resolved except where there is a negotiability issue.
c. Bargaining on Substance
After Management notifies the Union, the Union has seven (7) workdays to request a meeting of Management through notice to the Labor Relations Officer. GESTA will have ten (10) workdays to submit proposals following this meeting or seventeen (17) workdays following the initial notification if no meeting is scheduled. If the parties cannot reach agreement, the parties will follow the same impasse procedure as defined in Section 6.02b. above unless the parties mutually invoke interest arbitration. If there is a negotiability issue, GESTA may elect to impact bargain while the negotiability issue is being resolved without waiving its right to bargain on substance if the disputed proposal is determined to be negotiable.
SECTION 6.03 If the Union has not received a response to a request for information within a reasonable time prior to the due date for submission of proposals, as required to perform its representational responsibilities relative to Section 6.02b. or c. of this Article, the Union will be given reasonable time after receipt of the information to submit or modify its initial proposals.
SECTION 6.04 Nothing in this Article diminishes GESTA's right to address issues through partnership. (See Appendix D.)
