Section 1. Statutory Obligation

In prescribing regulations relating to personnel policies and practices and matters affecting conditions of employment, management shall negotiate with Union as prescribed.

Section 2. Notice

A. Impact and Implementation Midterm Negotiations

The Agency agrees to provide the Union with notification of changes in working conditions consistent with Article 2, Section 3. The Agency shall provide the changes in writing. The Agency acknowledges that managers will not implement changes in working conditions without complying with this article.

B. Midterm Bargaining

Midterm bargaining may be invoked by management on issues not covered by this Agreement, or on issues covered but found to be defective or unworkable, after the Agreement has been in effect for twenty-four (24) months. Notice will be given to the Union at least thirty (30) calendar days prior to the midterm point or to the date of the change. Included in that notice shall be an agenda of the issues to be negotiated.

Section 3. Midterm Ground Rule Procedures

A. Upon receipt of notice of proposed changes, the Union may, within ten (10) workdays, request negotiations (and a briefing if desired) concerning the proposed change. The Union must provide proposals in writing within seven (7) workdays after requesting negotiations. The Parties will meet to negotiate within three (3) workdays, or a mutually agreed upon date, after the Union has submitted its proposals. Reasonable extensions may be granted for just cause. Failure to make a timely request to negotiate, timely provide proposals in writing, or timely meet shall be deemed to constitute acceptance of the changes by the Union and Agency may proceed to implement the proposed change.

B. Changes that are negotiated or agreed to pursuant to this Section shall be duly executed by the Parties and shall become an integral part of this Agreement and subject to all of its terms and conditions.

C. If otherwise in a duty status, Union negotiators shall be placed on official time when traveling to the negotiation site and during the negotiation session, including mediation and impasse proceedings. The Union will provide all expenses for its bargaining.

D. The Union may have present on official time the same number of negotiators as the Agency has on Official time. The Union will not be barred from having a national officer, council officer, or legal representative at these proceedings. The Union agrees to inform the Agency in advance if a legal representative or national officer will be attending.

E. Negotiations will take place in space provided by the Agency and will be held as needed.

F. Either Party may request assistance from the Federal Mediation and Conciliation Service after either Party has declared impasse.

G. The Agency agrees to provide the Union with requested information and data as required by 5 U.S.C. 7114.

H. The only ground rules governing negotiations during the life of this Agreement shall be those contained in this Article.