2004 Master Agreement Negotiations Update

2004 Master Agreement Negotiations Update

Union Negotiation Team Members:Bill Dougan Mike BuntenJoe Drozdowski George ChristopherDennis Reichelt John Paolino (San Diego)Melissa Baumann Steve Flory (Portland)Observers: Carl Houtman, Mary Coughlin, Barry McDonald, Michael Krueger

Pre-Negotiation Activities

FSPC began discussions on negotiations in June, 2003

August, 2003 – agreed on Articles to open during negotiations. Began to develop issues/interests separately (no joint staff work on Articles)

New Orleans January, 2004 – met to establish ground rules for negotiations, establish priorities for Articles to negotiate, exchanged initial list of issues & interests for each Article opened. Completed work on Preamble language.

Articles Opened For Negotiation

Opened all Articles and Appendices except:12,15(negotiated outside of MA negotiations),26,32(negotiated earlier),35 (negotiated earlier),36,39,42,Appendix B (currently negotiating)

Negotiation Sessions

San Diego – April 19-May 1, 2004 Portland – June 1-4, 2004

Major Changes To Articles – the “Highlights”

Preamble – removed reference to EO 12871

Article 1 – clarified responsibilities of Union and management relative to changing bargaining unit status of employees and filing CU petitions

Article 2 – major rewrite: discusses implementation and duration of Agreement. Incorporated Article 44 language into this Article.

Major Changes to Articles – the “Highlights”

Article 3 – added a few new definitions. Article 4 – formatting/organization changes. New

section 3 addressing employee right to official time when exercising rights under Article 9.

Article 5 – formatting/organization changes. Clarified process for delegating Union officials and notifying management of delegations; clarified use of reps other than locally available reps; incorporated Article 43 language into section 4; removed Region/Research/Job Corps “caps” on bank of hours for Legislative Conference, with reporting requirement on reps using hours.


Article 6 – rewritten to reflect language in the Statute

Article 7 – replaced “EC” with “communication”; use of corporate intranet for posting Union information; clarified publications provided by management and ability to negotiate for additional reference materials.


Article 8 – reference to Strategic Plan for Labor Management Relations; formatting/organization changes around subjects of partnership councils, collaborative relations, and resources.


Article 9 – completely rewritten, new NGP. Pre-grievance process – filed within 21

days of incident, clarifies who to file with for each possible filer (employee, Local Union, Intermediate Union, National Union, management). 21 day period for parties to resolve the issue using a dispute resolution process. If no settlement reached, grievant has 21 days to file a formal grievance


Art. 9 cont. Formal grievance procedure – can’t use

UNLESS grievant has attempted resolution through pre-grievance process, with one exception (response to written decision letter of action for unacceptable performance or under adverse actions)

Clarifies who to file formal grievance with for each possible filer (employee, Local Union, Intermediate Union, National Union, management.


Art. 9 cont. Receiving official responsible to forward

grievance to appropriate deciding official with authority to resolve.

Written decision within 21 days of filing. This is the FINAL decision – one-step formal grievance process

If not resolved, may invoke arbitration Changes in definitions associated with

time limits


Article 10 – some formatting/organization changes; change in timeline for filing for arbitration (28 days following final grievance decision); clarified process for selecting arbitrator; clarified who pays for threshold and enforcement issues; clarified expedited arbitration process.


Article 11 – major formatting/organization changes and major rewrite.

Differentiates between IBN and traditional negotiation processes.

Delineates points of contact at each level for receiving notice/proposals.

Outlines procedures for resolving negotiability disputes and impasses.

Discusses procedure for negotiating changes to past practices inconsistent with govt.-wide regulation or law.


Article 12 – no change Article 13 – on-line NEO to include

item related to labor organizations; supervisors responsible to introduce new employees to local Union official.

Article 14 – clarification on procedures


Article 15 – in response to concerns over negotiability of topic, deleted entire Article and replaced with one sentence stating performance mgt. will be done in accordance with the negotiated performance management plan in FSH 6109.13.


Article 16 – at impasse over three areas: grade level of entry level clerical and technical positions for which management is required to advertise internally; length of advertisement for positions advertised less than service-wide; requirement to notify Union when vacancies will be filled. Until impasse is resolved, current contract language will remain in effect.


Article 17 – group awards based on contribution/participatory value vs. solely on grade.

Article 18 – at impasse on issue of whether employees should be required to take unpaid meal break. Until impasse is resolved, current contract language will remain in effect.


Article 19 – clarified rate for field per diem rates unless lesser amount negotiated; reimbursable phone calls in travel status 10 minutes or not exceeding $5.00/day; major change in definition of “standby” for purposes of compensation.

Article 20 – clarification on when employees may be required to provide a medical certificate for sick leave use; clarification of leave use related to maternity and paternity leave; clarified military leave; change in excused absence to attend funeral of coworker (not time-limited).


Article 21 – change in effective date of action based on unacceptable performance (stayed 5 days, instead of 10 days).

Article 22 – reformatting/organizing of text to improve clarity

Article 23 – reformatting/organizing; call back from nonduty status; reductions in minimum guaranteed pay periods per year; seasonal employment not a substitute for full-time employment.


Article 24 – expanded definition of “major subdivision” for purpose of rehire; provided for right to bargain on definition of major subdivision for “new” organization structures.

Article 25 – removed reference to CEP; formatting/organization changes.


Article 26 – no change from current contract language.

Article 27 – provides for non-Union reps to accompany safety inspectors; clarifies distribution of safety inspection reports; formatting changes.

Article 28 – changed focus from “fire” to “incident”; change in who Union reps on incidents check in with (IC or designee); addition of language to address restricted facilities while in non-pay status; eliminated section 6 (NWCG reference).


Article 29 – clarified how policies in all housing may be negotiated; minor formatting changes.

Article 30 – reformatting/organization; requirement for parties to document, in writing, agreement to jointly sponsor training.


Article 31 – retitled “Changes to Organizations”; discusses management’s obligation for pre-decisional notification to Union, and opportunity for pre-decisional involvement; clarifies how to deal with unresolved issues following pre-decisional involvement.

Article 32 – change to CFR reference; change in Article 35 references relative to commuting area and competitive level definitions.


Article 33 – added requirement for web site and toll-free number for furloughed employees to get information; requirement for employees to provide management with updated contact info for call-back.

Article 34 – eliminated much contract language, and instead referenced CFR where TOF requirements listed. Provided for bargaining at appropriate level to full extent permitted by law.


Article 35 – new competitive areas now in Appendix D; clarified procedures when management is contemplating changing competitive areas.

Article 36 – no changes from current contract language

Article 37 – language added to require management to ensure employees not at risk from non-employees.


Article 38 – completely rewritten to address new Circular A-76 requirements.

Article 39 – no change from current contract language.

Article 40 – completely rewritten to address obligation for notice and bargaining rights in accordance with Article 11.


Article 41 – reformatting/organization changes.

Article 42 – no changes from current contract language.

Article 43 – eliminated in its entirety.

Article 44 – eliminated in its entirety.

2004 Master Agreement Negotiations Update

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