Common use of Conditions of Employment not Covered by this Agreement Clause in Contracts

Conditions of Employment not Covered by this Agreement. 1. Except in situations arising out of Section 4.2, the Agency shall negotiate (to the extent that the subject is negotiable) and/or engage in impact/implementation bargaining with the Union prior to implementing, modifying, or cancelling any personnel policy or procedure that affects conditions of employment and or working conditions not covered by this Agreement, regardless of the number of employees affected. In other words, even if the change affects a single employee, the Agency has a duty to comply with this Section. 2. The Union will be provided a written notice of proposed changes forty-five (45) days prior to the desired date of implementation. The notice shall be the Agency’s finalized plan-of-action, and shall include the following: a. Whether the proposal will be a new policy or practice, or if it is a change to an established policy or practice; b. Justification for the proposal (why it is necessary); and, c. What the immediate and long-term impact will be on employees and the Parties. 3. Upon receiving a notice in compliance with Paragraph 2, the Union will have fifteen (15) days from receipt of the Agency’s notice to submit a request to negotiate (if the subject is negotiable), and/or bargaining on the impact and implementation thereof. Once the Union submits a timely request under this Section, the proposed change cannot be implemented until negotiations and/or bargaining have been completed IAW Section 6.3. Notices that do not comply with the requirements of Paragraph 2 are not actionable and may be rejected outright by the Union. Failure on the Union’s behalf to request negotiations and/or bargaining with fifteen (15) days will be interpreted as concurrence with the Agency’s proposal and shall allow the Agency to implement their proposal immediately. 4. When, due to a change required by federal law, the Agency is unable to provide timely notice IAW Paragraph 2 (above), the Parties will meet, prior to implementation of the changes, to determine how to modify the requirements of this Section, and to explore an alternate arrangement which will satisfy the Agency’s need to implement the change(s) while at the same time honoring the Union’s right to negotiate and/or bargain the proposed changes to conditions of employment, as applicable. 5. Agency representatives may not formally discuss with employees a change to conditions of employment until the Agency and the Union have completed the requirements of this Section. Any communication between Agency representatives and employees prior to completion of negotiations and/or impact/implementation bargaining, regardless of the medium used (i.e., whether it is communicated in person/verbally, in printed/written form, electronically, or by using a voice-recorded or video message), about a pending action covered by this Section must be agreed to by the Union before release.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Conditions of Employment not Covered by this Agreement. 1. Except in situations arising out of Section 4.2, the Agency shall negotiate (to the extent that the subject is negotiable) and/or engage in impact/implementation bargaining with the Union prior to implementing, modifying, or cancelling any personnel policy or procedure that affects conditions of employment and or working conditions not covered by this Agreement, regardless of the number of employees affected. In other words, even if the change affects a single employee, the Agency has a duty to comply with this Section. 2. The Union will be provided a written notice of proposed changes forty-five sixty (4560) days prior to the desired date of implementation. The notice shall be the Agency’s finalized plan-of-action, and shall include the following: a. Whether the proposal will be a new policy or practice, or if it is a change to an established policy or practice; b. Justification for the proposal (why is it is necessary); and, c. What the immediate and long-term impact will be on employees and the Parties. 3. Upon receiving a notice in compliance with Paragraph 2, the Union will have fifteen thirty (1530) days from receipt of the Agency’s notice to submit a request to negotiate (if the subject is negotiable), and/or bargaining on the impact and implementation thereof. Once the Union submits a timely request under this Section, the proposed change cannot be implemented until negotiations and/or bargaining have been completed IAW Section 6.3. Notices that do not comply with the requirements of Paragraph 2 are not actionable and may be rejected outright by the Union. Failure on the Union’s behalf to request negotiations and/or bargaining with fifteen (15) days will be interpreted as concurrence with the Agency’s proposal and shall allow the Agency to implement their proposal immediately. 4. When, due to a change required by federal law, the Agency is unable to provide timely notice IAW Paragraph 2 (above), the Parties will meet, prior to implementation of the changes, to determine how to modify the requirements of this Section, and to explore an alternate arrangement which will satisfy the Agency’s need to implement the change(s) while at the same time honoring the Union’s right to negotiate and/or bargain the proposed changes to conditions of employment, as applicable. 5. Agency representatives may not formally discuss with employees a change to conditions of employment until the Agency and the Union have completed the requirements of this Section. Any communication between Agency representatives and employees prior to completion of negotiations and/or impact/implementation bargaining, regardless of the medium used (i.e., whether it is communicated in person/verbally, in printed/written form, electronically, or by using a voice-recorded or video message), about a pending action covered by this Section must be agreed to by the Union before release.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Conditions of Employment not Covered by this Agreement. 1. Except in situations arising out of Section 4.2, the Agency shall has a duty to negotiate (to the extent that the subject is negotiable) and/or engage in impact/implementation bargaining with the Union prior to implementing, modifying, or cancelling any personnel policy or procedure that affects conditions of employment and or working conditions not covered by this Agreement, regardless of the number of employees affected. In other words, even if the change affects a single employee, the Agency has a duty to comply with this Section. 2. The Union will be provided a written notice of proposed changes forty-five (45) days prior to the desired date of implementation. The notice shall be the Agency’s finalized plan-of-action, and shall include the following: a. Whether the proposal will be a new policy or practice, or if it is a change to an established policy or practice; b. Justification for the proposal (why is it is necessary); and, c. What the immediate and long-term impact will be on employees and the Parties. 3. Upon receiving a notice in compliance with Paragraph 2, the Union will have fifteen (15) days from receipt of the Agency’s notice to submit a request to negotiate (if the subject is negotiable), and/or bargaining on the impact and implementation thereof. Once the Union submits a timely request under this Section, the proposed change cannot be implemented until negotiations and/or bargaining have been completed IAW Section 6.3. Notices that do not comply with the requirements of Paragraph 2 are not actionable and may be rejected outright by the Union. Failure on the Union’s behalf to request negotiations and/or bargaining with fifteen (15) days will be interpreted as concurrence with the Agency’s proposal and shall allow the Agency to implement their proposal immediately. 4. When, due to a change required by federal law, the Agency is unable to provide timely notice IAW Paragraph 2 (above), the Parties will meet, prior to implementation of the changes, to determine how to modify the requirements of this Section, and to explore an alternate arrangement which will satisfy the Agency’s need to implement the change(s) while at the same time honoring the Union’s right to negotiate and/or bargain the proposed changes to conditions of employment, as applicable. 5. Agency representatives may not formally discuss with employees a change to conditions of employment until the Agency and the Union have completed the requirements of this Section. Any communication between Agency representatives and employees prior to completion of negotiations and/or impact/implementation bargaining, regardless of the medium used (i.e., whether it is communicated in person/verbally, in printed/written form, electronically, or by using a voice-recorded or video message), about a pending action covered by this Section must be agreed to by the Union before release.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Conditions of Employment not Covered by this Agreement. 1. Except in situations arising out of Section 4.2, the Agency shall negotiate (to the extent that the subject is negotiable) and/or engage in impact/implementation bargaining with the Union prior to implementing, modifying, or cancelling any personnel policy or procedure that affects conditions of employment and or working conditions not covered by this Agreement, regardless of the number of employees affected. In other words, even if the change affects a single employee, the Agency has a duty to comply with this Section. 2. The Union will be provided a written notice of proposed changes forty-five thirty (4530) days prior to the desired date of implementation. The notice shall be the Agency’s finalized plan-of-action, and shall include the following: a. Whether the proposal will be a new policy or practice, or if it is a change to an established policy or practice; b. Justification for the proposal (why is it is necessary); and, c. What the immediate and long-term impact will be on employees and the Parties. 3. Upon receiving a notice in compliance with Paragraph 2, the Union will have fifteen ten (1510) days from receipt of the Agency’s notice to submit a request to negotiate (if the subject is negotiable), and/or bargaining on the impact and implementation thereof. The Union will submit a written counterproposal no later than thirty (30) days after notice was received IAW Paragraph 2. Once the Union submits a timely request under this Section, the proposed change cannot be implemented until negotiations and/or bargaining have been completed IAW Section 6.3. Notices that do not comply with the requirements of Paragraph 2 are not actionable and may be rejected outright by the Union. Failure on the Union’s behalf to request negotiations and/or bargaining with fifteen (15) days will be interpreted as concurrence with the Agency’s proposal and shall allow the Agency to implement their proposal immediately. 4. When, due to a change required by federal law, the Agency is unable to provide timely notice IAW Paragraph 2 (above), the Parties will meet, prior to implementation of the changes, to determine how to modify the requirements of this Section, and to explore an alternate arrangement which will satisfy the Agency’s need to implement the change(s) while at the same time honoring the Union’s right to negotiate and/or bargain the proposed changes to conditions of employment, as applicable. 5. Agency representatives may not formally discuss with employees a change to conditions of employment until the Agency and the Union have completed the requirements of this Section. Any communication between Agency representatives and employees prior to completion of negotiations and/or impact/implementation bargaining, regardless of the medium used (i.e., whether it is communicated in person/verbally, in printed/written form, electronically, or by using a voice-recorded or video message), about a pending action covered by this Section must be agreed to by the Union before release.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Conditions of Employment not Covered by this Agreement. 1. Except in situations arising out of Section 4.2, the Agency shall negotiate (to the extent that the subject is negotiable) and/or engage in impact/implementation bargaining with the Union prior to implementing, modifying, or cancelling any personnel policy or procedure that affects conditions of employment and or working conditions not covered by this Agreement, regardless of the number of employees affected. In other words, even if the change affects a single employee, the Agency has a duty to comply with this Section. 2. The Union will be provided a written notice of proposed changes forty-five (45) days prior to the desired date of implementation. The notice shall be the Agency’s finalized plan-of-action, and shall include the following: a. Whether the proposal will be a new policy or practice, or if it is a change to an established policy or practice; b. Justification for the proposal (why is it is necessary); and, c. What the immediate and long-term impact will be on employees and the Parties. 3. Upon receiving a notice in compliance with Paragraph 2, the Union will have fifteen thirty (1530) days from receipt of the Agency’s notice to submit a request to negotiate (if the subject is negotiable), and/or bargaining on the impact and implementation thereof. Once the Union submits a timely request under this Section, the proposed change cannot be implemented until negotiations and/or bargaining have been completed IAW Section 6.3. Notices that do not comply with the requirements of Paragraph 2 are not actionable and may be rejected outright by the Union. Failure on the Union’s behalf to request negotiations and/or bargaining with fifteen (15) days will be interpreted as concurrence with the Agency’s proposal and shall allow the Agency to implement their proposal immediately. 4. When, due to a change required by federal law, the Agency is unable to provide timely notice IAW Paragraph 2 (above), the Parties will meet, prior to implementation of the changes, to determine how to modify the requirements of this Section, and to explore an alternate arrangement which will satisfy the Agency’s need to implement the change(s) while at the same time honoring the Union’s right to negotiate and/or bargain the proposed changes to conditions of employment, as applicable. 5. Agency representatives may not formally discuss with employees a change to conditions of employment until the Agency and the Union have completed the requirements of this Section. Any formal communication between Agency representatives and employees prior to completion of negotiations and/or impact/implementation bargaining, regardless of the medium used (i.e., whether it is communicated in person/verbally, in printed/written form, electronically, or by using a voice-recorded or video message), about a pending action covered by this Section must be agreed to by the Union before release.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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