Article 33.

Contracting Out

Section 1. The Agency agrees to inform the Union as soon as possible, but in no case less than sixty (60) days prior to a review of the activity being conducted for the purposes of possible contracting out services currently being provided by bargaining unit employees.

Section 2. When the Agency determines that bargaining unit work will be contracted out, the Agency will meet and confer with the Union concerning the impact on bargaining unit employees. The Union will be provided a copy of the performance work statement and contract solicitation document as soon as they are available. The Union 's recommendations will be solicited and reviewed during the study concerning the most efficient organization and performance work statement.

Section 3. The Agency agrees to exert maximum effort to find suitable employment for bargaining unit employees who are displaced as a result of contracting out including:

  1. Giving them priority consideration for suitable positions within DHHS in accordance with the policies established by the Deputy Assistant Secretary for Human Resources.
  2. Paying reasonable costs for training and relocation when these will contribute directly to placement.
  3. Arrange for gradual transition when conversions are made to provide greater opportunity for attrition and placement; and,
  4. Coordinating with DHHS and other agencies to obtain private sector employment for separated employee. (General Administration Manual, Chapter 18-10-80[6]).

Section 4. The Agency agrees to abide by all government-wide rules, and regulations with respect to contracting out activity.

Section 5. Once a determination has been made to contract out services currently being conducted by the Bargaining Unit, the Union shall be notified of the solicitation for bids. The Union may submit bids to perform the services, at their discretion.

Section 6. Segments of the bargaining unit (ie: MES, MAPB, PRB, NDCC, LB) shall not be reorganized for the sole purpose of circumventing the requirement of OMB Circular A-76.

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