Article 34
Governing Laws and Regulations
History

Section 1. General

In the administration of all matters covered by this Agreement and any supplements thereto, the parties are governed by existing or future laws and regulations of appropriate authorities, including policies set forth in the Federal Personnel Manual; by published Department policies and regulations in existence at the time this Agreement became effective; and by subsequently published Department policies and regulations required by law or by the regulations of appropriate higher outside authorities.

Section 2. Agreement Governs

Where existing provisions of Departmental and/or Agency regulations are in conflict with this Agreement, the provisions of this Agreement shall govern.

Section 3. New or Changed Rules or Regulations

a. Except as may be required by law, new or changed rules or regulations issued after the effective date of this Agreement (including those which are prescribed by higher authority) which are in conflict with working conditions specifically contained in this Agreement may not be made applicable to bargaining unit employees during the term of the Agreement without agreement of both parties.
b. The Department shall notify Local 12 of new or changed rules or regulations required by higher authority which are not in conflict with working conditions specifically contained in this Agreement, but which may impact upon working conditions of bargaining unit employees. The Union may bargain over the impact and implementation of such rules or regulations in accordance with Section 4.
c. The Department shall notify Local 12 of new or changed rules or regulations that result from a change in the manner in which Management exercises its reserved rights under 5 U.S.C. 7106 (a) or (b) and which may impact upon working conditions of bargaining unit employees. The Union may bargain over the impact and implementation of such rules or regulations in accordance with Section 4.
d. The Department shall notify Local 12 of new or changed rules or regulations neither required by higher authority nor constituting merely a change in the manner in which management exercises its reserved rights or a change in working conditions covered in this Agreement, but which may impact upon working conditions of bargaining unit employees. The Union may bargain over the substance or the impact and implementation, as appropriate, of such rules or regulations in accordance with Section 4.
e. For purposes of this Section, working conditions contained in Departmental rules and regulations but not contained in this Agreement may not be changed unless bargained by the parties. Either party may reopen negotiations on such working conditions in Departmental rules and regulations one year after the effective date of this Agreement and annually thereafter.
f. Any changes to rules or regulations, with respect to working conditions of bargaining unit employees, or amendments to this Agreement which are negotiated and agreed to pursuant to this Section will be duly executed by the parties in a Memorandum of Understanding and will become an integral part of this Agreement and subject to all the terms and conditions of this Agreement.

Section 4. Bargaining Over New or Changed Rules or Regulations

Bargaining pursuant to Section 3 will occur in accordance with Article 36 except that bargaining resulting from Section 3.e. above may occur only once each contract year. Such bargaining may occur at the midterm bargaining session coinciding with the anniversary of the effective date of the Agreement.
In notifying the Union of a new or changed rule or regulation, the Department will presume that the Union is requesting to bargain and that the Union is placing the matter on the agenda for the next scheduled bargaining session. If at any time prior to the commencement of the bargaining session the Union determines that it has no need to bargain, it will so notify the Department so the item can be removed from the agenda. The Union agrees to notify Management of such desire to remove the item from the agenda as early as possible prior to the commencement of the bargaining session.