Article 34
Bargaining History
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This Article was revised to acknowledge that, from time to time, new or revised rules and regulations are prescribed by higher authority and that the Department may also have need to change certain of its rules and regulations or to issue new ones. While the Union acknowledges the Department's need to do so, the Department also acknowledges the Union's concern regarding the integrity of the Agreement and the Union's rights with respect to working conditions.

Section 2 is new, specifying that the Agreement takes precedence over existing DOL or Agency rule or regulations with respect to any conflict between them.

Section 3.a. stipulates that any new or changed rule or regulation (including those of higher authority) which occurs after the effective date of the Agreement and which is in conflict with any applicable provision of the Agreement cannot apply to bargaining unit employees during the term of the Agreement without the consent of the Union. Once the term of the Agreement is over, however, then the Agreement must be brought into conformance with a higher level rule or regulation. If the prescribed term of the Agreement has passed and the Agreement is on a year-to-year basis, the foregoing principle also applies. That is, upon each annual renewal of the Agreement, it must be brought into conformance with any rule or regulation of higher authority which went into effect during the prior contract year. Examples of higher authority are an Executive Order, decision of a Court, Office of Personnel Management, General Services Administration, etc.

Section 3.b. pertains to new rules or changes in existing rules or regulations required by higher authority which are not in conflict with any working conditions contained within the four corners of the Agreement. This Section specifies the Union's right to request bargaining where such change(s) will impact upon working conditions of bargaining unit employees.

Section 3.c. recognizes that DOL's rules or regulations may spell out in certain situations the manner in which Management will exercise its statutorily reserved management rights. Management may choose to revise the manner in which it exercises its management rights at any time. If it decides to do so and thereby change a rule or regulation and if that change will impact upon working conditions of bargaining unit employees, then Management is obligated to notify the Union, who in turn may request bargaining on the impact and implementation.

Section 3.d. and 3.e. pertain to situations not covered under Section 3.a., 3.b., or 3.c. Section 3.d. pertains to new rules or changes to existing DOL rules or regulations which are not triggered by higher authority or do not relate solely to "management rights," and are also not prescribed as working conditions specified within the four corners of the Agreement. New rules may be negotiated at any time in accordance with Article 36. However, during the life of the Agreement, to the extent either the Department or Local 12 proposes a change to an existing rule or regulation concerning working conditions not contained in the Agreement itself or which may impact upon working conditions, such change(s) are subject to collective bargaining if requested by either party in accordance with Section 3.e. of this Article.

Section 4 references the new, single Article under which all midterm bargaining provisions were consolidated. It stipulates that all midterm bargaining will take place as delineated in Article 36, with one exception: namely, with respect to working conditions contained in existing DOL rules and regulations but not contained in the Agreement itself, bargaining can only occur on an annual basis coincidental approximately with each anniversary of the effective date of the Agreement.

As an administrative convenience, the Department agreed to assume that Local 12 is always going to exercise its option and request bargaining, thereby precluding the Union's need to request bargaining on an ad hoc basis. However, to avoid the Department utilizing time and resources in unnecessary preparation and to enable the Department to make timely changes to rules and regulations, the Union has the obligation to review all such proposed changes in a timely fashion and advise the Department at the earliest possible time if it determines it has no need to bargain after all.