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Common use of Governing Laws and Regulations Clause in Contracts

Governing Laws and Regulations. SECTION 1. In the administration of this agreement, the parties and employees are bound by all applicable laws. The parties and employees are also bound by all applicable rules and regulations of appropriate authorities, including all government-wide regulations in effect at the time that this Agreement is executed. SECTION 2. The Employer shall effectively enforce all provisions of the Civil Service Reform Act of 1978 that it has a statutory duty to enforce; but it will not enforce any government-wide rule or regulation enacted after the effective date of this Master Agreement that conflicts with the provisions of this Agreement. Existing and future DLA personnel rules, regulations, and policies, properly implemented, shall apply to the parties and unit employees once the Employer’s labor relations obligations, if any, are satisfied. In the event that personnel policies, regulations or rules of the Employer conflict with this Agreement, the terms of this Agreement will be controlling. SECTION 3. Prior to implementing changes to conditions of employment affecting bargaining unit employees, the parties recognize the right of the Union to bargain with the Employer on all matters that are mandatory subjects of bargaining. However, the Employer must operate within the limits delegated to the Director of DLA by the Secretary of Defense and comply with and implement non-discretionary directives issued by the Office of Secretary of Defense. This Section is not to be construed as a waiver of any bargaining rights guaranteed the Union under 5 U.S.C. Chapter 71. SECTION 4. Nothing in this Agreement shall impinge upon, negate, reduce or detract from the rights and privileges that are vested in the Employer by virtue of the provisions of 5 U.S.C. 7106, “Management Rights.” Unless expressly stated in written form, any permissive subject of bargaining within the Union’s discretion may be bargained only at the level of recognition. SECTION 5. Any prior benefits, practices and/or memoranda of understanding which were in effect on the effective date of this Agreement at any level (national, council, and/or local), shall remain in effect unless the language conflicts with the new Master Labor Agreement or in accordance with 5 U.S.C. Chapter 71. Local Agreements must have been approved by the parties at the national level in accordance with Article 38 of this agreement.

Appears in 3 contracts

Samples: Master Labor Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Governing Laws and Regulations. SECTION 1. In the administration of this agreementAgreement, the parties and employees are bound by all applicable laws. The parties and employees are also bound by all applicable rules , rules, and regulations of appropriate authorities, including DoD and DLA regulations, and all government-wide regulations in effect at the time that this Agreement is executed. DLA regulations include any policy or issuance issued by DLA Headquarters and Major Subordinate Command (MSC), such as, directives, instructions, manuals, SOPs and other types of directive memoranda, and that have been given an opportunity to be negotiated by Council 169. SECTION 2. The Employer shall effectively will enforce all provisions of the Civil Service Reform Act of 1978 that it has a statutory duty to enforce; , but it will not enforce any government-wide rule or regulation enacted after the effective date of this Master Agreement that conflicts with the provisions of this Agreement, unless such government-wide rule or regulation is deemed to have the force of law. Existing and future Future DLA personnel rules, regulations, and policies, properly implemented, shall policies will apply to the parties and bargaining unit employees once the Employer’s labor relations obligations, if any, are satisfied. In the event that personnel policies, regulations regulations, or rules of the Employer conflict with this Agreement, the terms of this Agreement will be controlling. SECTION 3. Prior to implementing changes to in conditions of employment affecting having more than a de minimis impact on bargaining unit employees, the parties recognize the right of the Union to bargain with the Employer on all matters that are mandatory subjects of bargaining. HoweverThe Employer, the Employer however, must operate within the limits delegated to the Director of DLA Director, DLA, by the Secretary of Defense Defense, and comply with and implement non-discretionary directives issued by the Office of the Secretary of Defense. This Section section is not to be construed as a waiver of any bargaining rights guaranteed to the Union under 5 U.S.C. Chapter 71. SECTION 4. Nothing in this Agreement shall will impinge upon, negate, reduce reduce, or detract from the rights and privileges that are vested in the Employer by virtue of the provisions of 5 U.S.C. §7106, “Management Rights.” Unless expressly stated in written form, any permissive subject of bargaining within the Union’s discretion may be bargained only at the level of recognition. SECTION 5. Any prior benefits, practices practices, and/or memoranda of understanding which were in effect on the effective date of this Agreement at any level (national, council, and/or local), ) shall remain in effect unless until the language conflicts with the new Master Labor Agreement or in accordance with 5 U.S.C. Chapter 71. Such Local Agreements Agreements, past practices, and/or memoranda of understanding must have been approved by the parties at the national level in accordance with Article 38 of this agreementagreement in order to be enforceable.

Appears in 2 contracts

Samples: Master Labor Agreement, Master Labor Agreement

Governing Laws and Regulations. SECTION 1. Section 1 - Relationship to Laws and Regulations Force and Effect of Agreement In the administration of all matters covered by this agreementAgreement, the parties officials and employees are bound shall be governed by all applicable lawsfederal statutes. The parties and employees are They will also bound be governed by all applicable rules and regulations of appropriate authorities, including all government-wide regulations in effect existence at the time that this Agreement is executedwas approved. SECTION 2. A. The Employer shall effectively enforce all provisions Department and the Union agree that for the full term of the Civil Service Reform Act of 1978 that it has a statutory duty to enforce; but it will not enforce any government-wide rule or regulation enacted after the effective date of this Master Agreement that conflicts with the provisions of this Agreement shall remain in full force and effect and unchanged, except as may be required by change in accordance with applicable laws, government-wide rules, regulations and Department policy. For purposes of this Agreement, the term “Department policy” shall be defined as directives, handbooks or regulations issued by the Secretary or designee. Existing The Department may change policy during the term of this Agreement. B. This Agreement supersedes and future DLA personnel replaces all previous agreements, Memorandum of Understanding/Memorandum of Agreement (MOA/MOUs) (whether written or oral), past practices, and supplemental agreements made at any level of recognition between the Parties, regardless of duration. All other items previously administered under the 2011 CBA will be administered in accordance with applicable law, government-wide rules, regulations, Department policy and policiesthis Agreement. thereby negating the need for bargaining under 5 U.S. Code § 7106(a) and § 7106(b). C. Provisions of this Agreement that become inconsistent with federal law will be severed, properly implemented, shall apply to and the parties and unit employees once Parties will comply with the Employer’s labor relations obligations, if any, are satisfied. In applicable law. D. Where the event that personnel policies, regulations or rules of the Employer provisions in this Agreement conflict with the parties’ current or past practices, the provisions in this Agreement, Agreement will control and shall be enforced. X. XXXx/MOAs negotiated under the terms of this Agreement will shall be controlling. SECTION 3. Prior to implementing changes to conditions of employment affecting bargaining unit employees, negotiated solely between the parties recognize the right of the Union to bargain with the Employer on all matters that are mandatory subjects of bargaining. However, the Employer must operate within the limits delegated to Council President or designee and the Director of DLA by the Secretary of Defense and comply with and implement non-discretionary directives issued by the Office of Secretary of Defense. This Section is not to be construed as a waiver of any bargaining rights guaranteed the Union under 5 U.S.C. Chapter 71LMR or designee. SECTION 4. Nothing in F. MOUs/MOAs negotiated under the terms of this Agreement shall impinge uponbe incorporated into this Agreement and shall have a duration as defined in such MOU/MOA, negate, reduce or detract from but in no event shall such duration be longer than the rights and privileges that are vested in the Employer by virtue of the provisions of 5 U.S.C. 7106, “Management Rights.” Unless expressly stated in written form, any permissive subject of bargaining within the Union’s discretion may be bargained only at the level of recognition. SECTION 5. Any prior benefits, practices and/or memoranda of understanding which were in effect on the effective date term of this Agreement at any level (nationalunless invalidated by law. 1. Agreements, councilincluding ground rules if any, and/or local), shall remain in effect unless and MOUs/MOAs negotiated under the language conflicts with the new Master Labor Agreement or in accordance with 5 U.S.C. Chapter 71. Local Agreements must have been approved by the parties at the national level in accordance with Article 38 terms of this agreementAgreement if any, must undergo Agency Head Review (AHR) requirements under 5 U.S. Code § 7114(c) before taking effect. 2. MOUs/MOAs will be provided to the designated AHR authority. The date of execution shall be deemed the date the designated AHR authority receives a duly signed copy.

Appears in 1 contract

Samples: Master Agreement

Governing Laws and Regulations. SECTION 1. In the administration of this agreement, the parties and employees are bound by all applicable laws. The parties and employees are also bound by all applicable rules and regulations of appropriate authorities, including all government-wide regulations in effect at the time that this Agreement is executed. SECTION 2. The Employer shall effectively enforce all provisions of the otfhe Civil Service Reform Act of 1978 that it has a statutory duty to enforce; but it will not enforce any governmentgovermn ent-wide rule or regulation enacted after the effective date of this Master Agreement that conflicts with the provisions of this Agreement. Existing and future DLA personnel rules, regulations, and policies, properly implemented, shall apply to the parties and unit employees once the Employer’s Employer s labor relations obligations, if any, are satisfied. In the event that personnel policies, regulations or rules of the Employer theEmployer conflict with this AgreementAgreemetn, the terms of this Agreement will be controlling. SECTION 3. Prior to implementing changes to conditions of employment affecting bargaining unit employees, the parties recognize the right of the Union to bargain with the Employer on all matters that are mandatory subjects of bargaining. However, the Employer must operate within the limits delegated to the Director of DLA by the Secretary of Defense and comply comlpy with and implement non-discretionary directives issued by the Office of Secretary of Defense. This Section Seicotn is not to be construed as a waiver of any bargaining rights guaranteed the Union under 5 U.S.C. Chapter 71. SECTION 4. Nothing in this Agreement shall impinge upon, negate, reduce or detract from the rights and privileges that are vested in the Employer Empolyer by virtue of the provisions of 5 U.S.C. 7106, Management Rights.” . In administration of this Agreement, the Employer deos not elect to bargain any permissive subject of bargaining contained in 5 U.S.C. 7106(b()1). Unless expressly stated in written witrten form, any permissive subject of bargaining within the Union’s Union s discretion may be bargained only at the level of recognition. SECTION 5. Any prior benefits, practices and/or memoranda of understanding which were in effect on the effective date of this Agreement at any level (national, council, and/or local), shall remain in effect unless the language conflicts with the new Master Labor Agreement or in accordance with 5 U.S.C. Chapter 71. Local Agreements must have been approved by the parties at the national level in accordance with Article 38 of this agreement.

Appears in 1 contract

Samples: Master Labor Agreement

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Governing Laws and Regulations. SECTION 1. Section 1 - Relationship to Laws and Regulations Force and Effect of Agreement In the administration of all matters covered by this agreementAgreement, the parties officials and employees are bound shall be governed by all applicable lawsfederal statutes. The parties and employees are They will also bound be governed by all applicable rules and regulations of appropriate authorities, including all government-wide regulations in effect existence at the time that this Agreement is executedwas approved. SECTION 2. A. The Employer shall effectively enforce all provisions Department and the Union agree that for the full term of the Civil Service Reform Act of 1978 that it has a statutory duty to enforce; but it will not enforce any government-wide rule or regulation enacted after the effective date of this Master Agreement that conflicts with the provisions of this Agreement shall remain in full force and effect and unchanged, except as may be required by change in accordance with applicable laws, government-wide rules, regulations and Department policy. For purposes of this Agreement, the term “Department policy” shall be defined as directives, handbooks or regulations issued by the Secretary or designee. Existing The Department may change policy during the term of this Agreement. B. This Agreement supersedes and future DLA personnel replaces all previous agreements, Memorandum of Understanding/Memorandum of Agreement (MOA/MOUs) (whether written or oral), past practices, and supplemental agreements made at any level of recognition between the Parties, regardless of duration. All other items previously administered under the 2011 CBA will be administered in accordance with applicable law, government-wide rules, regulations, Department policy and policiesthis Agreement. thereby negating the need for bargaining under 5 U.S. Code § 7106(a) and § 7106(b). C. Provisions of this Agreement that become inconsistent with federal law will be severed, properly implemented, shall apply to and the parties and unit employees once Parties will comply with the Employer’s labor relations obligations, if any, are satisfied. In applicable law. D. Where the event that personnel policies, regulations or rules of the Employer provisions in this Agreement conflict with the parties’ current or past practices, the provisions in this Agreement, Agreement will control and shall be enforced. E. MOUs/MOAs negotiated under the terms of this Agreement will shall be controlling. SECTION 3. Prior to implementing changes to conditions of employment affecting bargaining unit employees, negotiated solely between the parties recognize the right of the Union to bargain with the Employer on all matters that are mandatory subjects of bargaining. However, the Employer must operate within the limits delegated to Council President or designee and the Director of DLA by the Secretary of Defense and comply with and implement non-discretionary directives issued by the Office of Secretary of Defense. This Section is not to be construed as a waiver of any bargaining rights guaranteed the Union under 5 U.S.C. Chapter 71LMR or designee. SECTION 4. Nothing in F. MOUs/MOAs negotiated under the terms of this Agreement shall impinge uponbe incorporated into this Agreement and shall have a duration as defined in such MOU/MOA, negate, reduce or detract from but in no event shall such duration be longer than the rights and privileges that are vested in the Employer by virtue of the provisions of 5 U.S.C. 7106, “Management Rights.” Unless expressly stated in written form, any permissive subject of bargaining within the Union’s discretion may be bargained only at the level of recognition. SECTION 5. Any prior benefits, practices and/or memoranda of understanding which were in effect on the effective date term of this Agreement at any level (nationalunless invalidated by law. 1. Agreements, councilincluding ground rules if any, and/or local), shall remain in effect unless and MOUs/MOAs negotiated under the language conflicts with the new Master Labor Agreement or in accordance with 5 U.S.C. Chapter 71. Local Agreements must have been approved by the parties at the national level in accordance with Article 38 terms of this agreementAgreement if any, must undergo Agency Head Review (AHR) requirements under 5 U.S. Code § 7114(c) before taking effect. 2. MOUs/MOAs will be provided to the designated AHR authority. The date of execution shall be deemed the date the designated AHR authority receives a duly signed copy.

Appears in 1 contract

Samples: Master Agreement

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