Section 1. It is agreed that matters appropriate for consultation or negotiation between the Parties are conditions of employment, i.e., personnel policies, practices and matters affecting working conditions which are within the discretion of the Agency. Such matters include safety, training, labor management cooperation, employee services, methods of adjusting grievances, appeals, leave, promotion plans, demotion actions and hours of work to the extent permitted by higher authority.
Section 2. It is further agreed that the Agency will provide the Union with the opportunity to negotiate on negotiable subjects when changes are being considered in existing benefits, personnel policies and practices as they affect the working conditions of employees.
Section 3. The Employer agrees that prior to making changes on personnel policies and practices or matters affecting general conditions of employment in the unit, the Employer will provide the Union with a copy of the proposed change and will provide an opportunity for discussion between the Parties. The Agency agrees that it will serve any such proposed change to the President of the Union with copies to all the Union Officers. A list of officers will be provided to LRO in accordance with Article 5A. The method of notification will be made by regular mail, interoffice mail, email, FAX or any other recognized method of delivery. The Union may, within twenty-one (21) calendar days of the receipt of the proposed changes, request to negotiate, furnish written proposals thereto, or request a meeting to discuss those matters submitted by the Employer. The Employer agrees to give full consideration to views expressed by the Union. Exceptions to these time factors may be emergency situations that are beyond the control of the Employer.
Section 4. In the administration of all matters covered by this Agreement, officials and employees are governed by existing and future law and government regulations, including policies set forth in the Federal Personnel Manual or its successor. Subsequently published policies and regulations issued by appropriate authorities, or required by a higher agency level which are in conflict with this Agreement, will have no effect on unit employees until the expiration of this Agreement. However, the Parties may reopen by mutual Agreement the contract should a conflict arise between this Agreement and subsequently published regulations.
Section 5. Past practices between the Parties shall continue under this Agreement except as expressly superseded herein and except as the continued observance of such practices may have been rendered unreasonable by changes in their underlying conditions. It is understood that the party which seeks to rely on an asserted practice has the burden of proving the existence of such a practice. For the purposes of this Agreement a past practice is defined as a practice that has gone on with the knowledge of management, i.e., second-line supervisor or above, for a period in excess of three years.
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