Common use of Mid-Term Bargaining Clause in Contracts

Mid-Term Bargaining. Section 1 - General The purpose of this article is to establish a complete and orderly process to govern mid-term negotiations at all levels. The parties are encouraged to use an IBB approach in all mid-term negotiations and will ensure that negotiators are trained in this approach prior to the inception of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do not conflict, interfere with, or impair implementation of the Master Agreement. However, matters that are excluded from mid-term bargaining will be identified within each article. As appropriate, the Union may initiate mid-term bargaining at all levels on matters affecting the working conditions of bargaining unit employees. Section 2 - National The Department will forward all proposed changes for which there is a bargaining obligation to the President of the NVAC or designee(s) along with copies of all necessary and relevant documents relied upon. When a new law is enacted and the Department decides not to issue a national policy, the Union will be notified prior to implementation. If either party initiates a demand to bargain, briefings will occur within 20 workdays of the demand to bargain. Proposals will be submitted 20 workdays after the briefing. Any Union demand to bargain must be received by the designated Department official within 20 workdays from the date the NVAC President or designee receives the proposed change. The date of receipt shall be documented on a simple form agreed upon by both parties. Extensions or reductions of the 20 workday time period will be by mutual agreement.. The Department’s bargaining obligation is triggered when the Union submits a bargaining demand. When the Union’s bargaining demand is submitted, the parties will discuss the proposed change and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition the parties will meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded sooner. If the parties are unable to reach agreement, negotiations will normally proceed to face-to-face bargaining. When traditional bargaining is used, the Union’s written proposal(s) will be submitted prior to bargaining. The parties retain the right to modify, withdraw, or add to any interests, concerns, or proposals they may have discussed or exchanged earlier. Bargaining sessions will be for 8-1/2 hour days at mutually agreeable times which include a break for lunch. However, the parties, by mutual agreement, may extend or shorten such bargaining sessions as necessary. The parties agree to utilize ADR mechanisms, as appropriate, without waiving either party’s statutory rights. Each party may have up to four negotiators which by mutual agreement may be increased based on the complexity and/or number of issues to be negotiated. The parties will exchange the names of the bargaining team members for the specific issue(s) to be negotiated. This does not preclude the attendance of experts by mutual consent of the parties. Travel and per diem will be paid by the Department pursuant to the Federal Travel Regulations for bargaining team members. These members will be allowed official time to complete the bargaining obligation. An automated data base for existing and future memorandums of understanding will be established and maintained by the Department. This data base will be made accessible to both the national and local Union officials. Section 3 - Intermediate The President of the NVAC or designee will provide the names of the bargaining team members for the specific issue(s) to be negotiated when the Union delegates national bargaining to the intermediate level. Ground rules for intermediate bargaining shall be established by the parties at that level. The parties will make every effort to use bargaining team members from the geographic area of concern with travel and per diem for team members being paid by the Department. Section 4 - Local On all policies and directives or other changes for which the Department meets its bargaining obligation at the national level, appropriate local bargaining shall take place at individual facilities and may include substantive bargaining that does not conflict with negotiated national policy and agreements. Upon request, the Union will be briefed on the proposed subject prior to the demand to bargain. Proposed changes in personnel policies, practices, or working conditions affecting the interests of one local union shall require notice to the President of that local. Proposed changes in personnel policies, practices, or working conditions affecting the interests of two or more local unions within a facility shall require notice to a party designated by the NVAC President with a copy to the affected local unions. Upon request, the parties will negotiate as appropriate. The Union representative shall receive official time for all time spent in negotiations as provided under 5 USC 7131(a). Ground Rules for local bargaining shall be established by the parties at the local level.

Mid-Term Bargaining. Section 1 - General 7-1: Purpose A. The purpose of this article is to establish a complete principles and orderly process to govern ground rules for any mid-term negotiations at all levelsthe Parties may engage in during the term and life of this Agreement. The parties are encouraged consider these procedures to use an IBB approach in all mid-term negotiations be necessary and will ensure that negotiators are trained in this approach prior desirable to reduce potential areas of conflict and dispute during the inception conduct of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do not conflict, interfere with, or impair implementation of the Master Agreement. However, matters that are excluded from negotiations. B. Matters appropriate for mid-term bargaining will be identified within each article. As appropriate, the Union may initiate mid-term bargaining at all levels on matters affecting the working shall include changes to established personnel policies and practices and general conditions of employment during the term of this agreement, which affect bargaining unit technicians and employees. Section 2 - National The Department will forward all proposed changes 7-2: Procedures for which there is a bargaining obligation to Negotiating During the President Term of the NVAC Agreement A. When the Agency or designee(s) along with copies of all necessary and relevant documents relied upon. When a new law is enacted and the Department decides not to issue a national policy, the Union will be notified prior propose to implementation. If either party initiates a demand to bargain, briefings will occur within 20 workdays of the demand to bargain. Proposals will be submitted 20 workdays after the briefing. Any Union demand to bargain must be received by the designated Department official within 20 workdays from the date the NVAC President or designee receives the proposed change. The date of receipt shall be documented on a simple form agreed upon by both parties. Extensions or reductions of the 20 workday time period will be by mutual agreement.. The Department’s bargaining obligation is triggered when the Union submits a bargaining demand. When the Union’s bargaining demand is submitted, the parties will discuss the proposed change and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition the parties will meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded sooner. If the parties are unable to reach agreement, negotiations will normally proceed to face-to-face bargaining. When traditional bargaining is used, the Union’s written proposal(s) will be submitted prior to bargaining. The parties retain the right to modify, withdraw, or add to any interests, concerns, or proposals they may have discussed or exchanged earlier. Bargaining sessions will be for 8-1/2 hour days at mutually agreeable times which include a break for lunch. However, the parties, by mutual agreement, may extend or shorten such bargaining sessions as necessary. The parties agree to utilize ADR mechanisms, as appropriate, without waiving either party’s statutory rights. Each party may have up to four negotiators which by mutual agreement may be increased based on the complexity and/or number of issues to be negotiated. The parties will exchange the names of the bargaining team members for the specific issue(s) to be negotiated. This does not preclude the attendance of experts by mutual consent of the parties. Travel and per diem will be paid by the Department pursuant to the Federal Travel Regulations for bargaining team members. These members will be allowed official time to complete the bargaining obligation. An automated data base for existing and future memorandums of understanding will be established and maintained by the Department. This data base will be made accessible to both the national and local Union officials. Section 3 - Intermediate The President of the NVAC or designee will provide the names of the bargaining team members for the specific issue(s) to be negotiated when the Union delegates national bargaining to the intermediate level. Ground rules for intermediate bargaining shall be established by the parties at that level. The parties will make every effort to use bargaining team members from the geographic area of concern with travel and per diem for team members being paid by the Department. Section 4 - Local On all policies and directives or other changes for which the Department meets its bargaining obligation at the national level, appropriate local bargaining shall take place at individual facilities and may include substantive bargaining that does not conflict with negotiated national policy and agreements. Upon request, the Union will be briefed on the proposed subject prior to the demand to bargain. Proposed implement changes in personnel policies, practicespractices and general conditions of employment which affect bargaining unit technicians or employees, it will provide written notice thirty (30) calendar days in advance of the proposed changes. This notice shall include the nature and scope of the change; a description of the change; an explanation of the implementation of this plan; a description of why the change is needed; and the proposed implementation date. B. This notice will be served by the Agency on the Local Union President or his/her designee or when served by the Union on the HRO Director or his/her designee. This notice may be hand delivered, sent via certified mail, E-mail or facsimile. The notice will be deemed effective upon hand delivery, certified mail receipt, or working conditions affecting other mail that can confirm receipt such as E-mail. C. The receiving Party will review the interests of one local union shall require notice proposal and may respond to the President initiating party in the following ways: 1. If the receiving Party wishes additional information or an explanation of the proposal, that local. Proposed changes in personnel policiesParty may, practiceswithin ten (10) working days of receipt of the notice, or working conditions affecting the interests of two or more local unions within make a facility shall require notice to written request for a party designated briefing by the NVAC President with initiating Party, and/or for additional information, in writing, in order to clarify or determine the impact of the proposed change; or 2. If the receiving Party wished to negotiate over any aspect of the proposed change, it shall notify the other Party by submitting a copy demand to bargain within twenty (20) working days of receipt of the affected local unions. Upon requestnotice (or receipt of any requested briefing or information, the parties will negotiate as appropriate. The Union representative shall receive official time for all time spent in negotiations as provided under 5 USC 7131(awhichever is later). Ground Rules for local bargaining shall be established by the parties at the local level.

Mid-Term Bargaining. Section SECTION 1 - General The purpose These shall be the sole procedures to cover the negotiations that flow from Employer and Union initiated changes in conditions of this article is employment that affect employees in the bargaining unit and that, pursuant to applicable law, create a mandatory obligation to bargain. A. WHEN THE EMPLOYER PROPOSES TO IMPLEMENT CHANGES IN PERSONNEL POLICIES, PRACTICES AND WORKING CONDITIONS PURSUANT TO SECTION 1, IT WILL PROVIDE WRITTEN NOTICE FOURTEEN (14) CALENDAR DAYS IN ADVANCE OF THE IMPLEMENTATION OF THE PROPOSED CHANGE(S). B. THE NOTICE WILL BE SERVED ON THE UNION PRESIDENT OR HIS/HER DESIGNEE AND WILL CONTAIN A PROPOSED IMPLEMENTATION DATE. SERVICE MAY BE BY HAND DELIVERY, CERTIFIED MAIL, ELECTRONIC MAIL (E-MAIL), OR FACSIMILE. THE NOTICE WILL BE DEEMED EFFECTIVE UPON HAND DELIVERY, CERTIFIED MAIL RECEIPT, OR OTHER METHOD THAT CAN CONFIRM RECEIPT (E.G. E-MAIL). A. Purpose To establish a complete principles and orderly process to govern ground rules in conformance with 5 U.S.C. 7101 et. seq., for and mid-term negotiations at all levelsnegotiations. The parties are encouraged consider these procedures to use be necessary and desirable to reduce potential areas of conflict and dispute during the conduct of negotiations. These ground rules will apply throughout the life of this agreement and to any renewal agreements following the expiration of this agreement. The parties recognize that each has a responsibility to consider the other's interests and to make an IBB approach honest attempt to find acceptable solutions. At the beginning of bargaining, the Parties may notify the appropriate Federal Mediation and Conciliation Service (FMCS) office in all mideach instance of an ongoing matter subject to this process. If mutually agreed, on a case-term negotiations and will ensure that negotiators are trained in this approach prior by-case basis, the Parties may choose to proceed with implementation, subject to the inception of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do not conflict, interfere with, or impair implementation of the Master Agreement. However, matters that are excluded from mid-term bargaining will be identified within each article. As appropriate, the Union may initiate mid-term bargaining at all levels on matters affecting the working conditions of bargaining unit employees. Section 2 - National The Department will forward all proposed changes for which there is a bargaining obligation Union's right to the President of the NVAC or designee(s) along with copies of all necessary and relevant documents relied upon. When a new law is enacted and the Department decides not to issue a national policy, the Union will be notified prior to implementation. If either party initiates a demand to bargain, briefings will occur within 20 workdays of the demand to bargain. Proposals will be submitted 20 workdays reopen no later than 6 months after the briefingimplementation date. Any Union demand to bargain must This period may be received by the designated Department official within 20 workdays from the date the NVAC President or designee receives the proposed change. The date of receipt shall be documented on a simple form agreed upon by both parties. Extensions or reductions of the 20 workday time period will be extended by mutual agreement.. The Department’s bargaining obligation is triggered when the Union submits a bargaining demand. When Nothing herein shall be deemed to waive the Union’s bargaining demand is submitted's right to file an unfair labor practice charge in the event that such implementation occurs without mutual agreement. At all stages of the process, the Parties will communicate and bargain in a good faith effort to reach agreement in an expeditious manner. B. Procedures Governing Negotiations The negotiators designated by the parties will discuss the proposed change and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition the parties will meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded sooner. If the parties are unable to reach agreement, negotiations will normally proceed to face-to-face bargaining. When traditional bargaining is used, the Union’s written proposal(s) will be submitted prior to bargaining. The parties retain the right to modify, withdraw, or add to any interests, concerns, or proposals they may have discussed or exchanged earlier. Bargaining sessions will be for 8-1/2 hour days at mutually agreeable times which include a break for lunch. However, the parties, by mutual agreement, may extend or shorten such bargaining sessions as necessary. The parties agree to utilize ADR mechanisms, as appropriate, without waiving either party’s statutory rights. Each party may have up to four negotiators which by mutual agreement may be increased based on the complexity and/or number of issues to be negotiated. The parties will exchange the names of the bargaining team members for the specific issue(s) to be negotiated. This does not preclude the attendance of experts by mutual consent of the parties. Travel and per diem will be paid governed by the Department pursuant to following rules during the Federal Travel Regulations for bargaining team members. These members will be allowed official time to complete the bargaining obligation. An automated data base for existing and future memorandums conduct of understanding will be established and maintained by the Department. This data base will be made accessible to both the national and local Union officials. Section 3 - Intermediate The President of the NVAC or designee will provide the names of the bargaining team members for the specific issue(s) to be negotiated when the Union delegates national bargaining to the intermediate level. Ground rules for intermediate bargaining shall be established by the parties at that level. The parties will make every effort to use bargaining team members from the geographic area of concern with travel and per diem for team members being paid by the Department. Section 4 - Local On all policies and directives or other changes for which the Department meets its bargaining obligation at the national level, appropriate local bargaining shall take place at individual facilities and may include substantive bargaining that does not conflict with negotiated national policy and agreements. Upon request, the Union will be briefed on the proposed subject prior to the demand to bargain. Proposed changes in personnel policies, practices, or working conditions affecting the interests of one local union shall require notice to the President of that local. Proposed changes in personnel policies, practices, or working conditions affecting the interests of two or more local unions within a facility shall require notice to a party designated by the NVAC President with a copy to the affected local unions. Upon request, the parties will negotiate as appropriate. The Union representative shall receive official time for all time spent in negotiations as provided under 5 USC 7131(a). Ground Rules for local bargaining shall be established by the parties at the local level.negotiations:

Mid-Term Bargaining. Section 1 - General The purpose of this article SECTION 1. It is to establish a complete agreed that personnel policies, practices and orderly process to govern mid-term negotiations at all levels. The parties are encouraged to use an IBB approach in all mid-term negotiations and will ensure that negotiators are trained matters affecting working conditions, not expressly contained in this approach prior to the inception of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do must not conflictbe changed by the Agency without prior notice to, interfere and negotiation with, or impair implementation of the Master Agreement. However, matters that are excluded from mid-term bargaining will be identified within each article. As appropriate, the Union may initiate midin accordance with applicable law. The provisions of this Article apply to substance bargaining, if appropriate, procedures which the Agency will observe in exercising a management right, and/or appropriate arrangements for employees adversely affected by the exercise of a management right. Mid-term bargaining at all levels on matters affecting the working conditions of bargaining unit employeesTerm Negotiations includes both interest based and position based negotiations. FMCS, FSIP, and interest arbitration services are also included in this category. SECTION 2. Should the Agency propose a change described in Section 2 - National The Department will forward all 1, thirty (30) calendar days written notice of the proposed changes for which there is a bargaining obligation change must be provided to the President Union at the corresponding level, except where specifically authorized by this Agreement or otherwise agreed to by the Parties. It is agreed longer notice periods are in the best interest of the NVAC or designee(sParties and should be provided whenever feasible. The Union must have up to fifteen (15) along with copies calendar days from receipt of all necessary and relevant documents relied uponthe notice to request a meeting regarding the change. When If the Union requests a new law is enacted and the Department decides not to issue a national policymeeting, the Union meeting will be notified prior to implementation. If either party initiates a demand to bargain, briefings will occur held within 20 workdays ten (10) calendar days of the demand to bargain. Proposals will be submitted 20 workdays after the briefing. Any Union demand to bargain must be received by the designated Department official within 20 workdays from the date the NVAC President or designee receives the proposed change. The date of receipt shall be documented on a simple form agreed upon by both parties. Extensions or reductions of the 20 workday time period will be by mutual agreement.. The Department’s bargaining obligation is triggered when the Union submits a bargaining demand. When the Union’s bargaining demand is submittedrequest and the Parties will review the proposed changes. The Union may submit written proposals within thirty (30) calendar days of receipt of the original notice of the change(s). If the Union requests a meeting or submits written proposals, the parties will discuss the proposed change and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition the parties will Parties must meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded soonerand place to conduct negotiations. The Parties agree that every effort must be made to reach agreement as expeditiously as possible. If the parties Union does not request a meeting or submit written proposals within the prescribed time period, the Agency may implement the change as proposed. SECTION 3. If the Parties are unable to reach agreementresolve a dispute, negotiations will normally proceed they are free to facepursue whatever course of action is available to them under the Federal Service Labor-to-face bargaining. When traditional bargaining is used, the Union’s written proposal(s) will be submitted prior to bargaining. The parties retain the right to modify, withdraw, Management Relations Statute or add to any interests, concerns, or proposals they may have discussed or exchanged earlier. Bargaining sessions will be for 8-1/2 hour days at mutually agreeable times which include a break for lunchother relevant statutes/law. However, the parties, by mutual agreement, may extend or shorten such bargaining sessions as necessary. The parties agree if the Parties at the local level are unable to utilize ADR mechanismsreach an agreement, as appropriate, without waiving either party’s statutory rights. Each party may have up to four negotiators which by mutual agreement the issue may be increased based on escalated within ten (10) calendar days to the complexity and/or number of issues next highest organizational level. If, after a good faith effort, the Parties at the next highest organizational level are unable to be negotiated. The parties will exchange the names of the bargaining team members for the specific issue(s) to be negotiated. This does not preclude the attendance of experts reach an agreement, by mutual consent of the parties. Travel and per diem will issue may be paid by the Department pursuant escalated within ten (10) calendar days to the Federal Travel Regulations for bargaining team members. These members will be allowed official time to complete the bargaining obligation. An automated data base for existing and future memorandums of understanding will be established and maintained by the Department. This data base will be made accessible to both the national and local Union officials. Section 3 - Intermediate The President of the NVAC or designee will provide the names of the bargaining team members for the specific issue(s) to be negotiated when the Union delegates national bargaining to the intermediate level. Ground rules for intermediate bargaining shall be established by the parties at that level. The parties will make every effort to use bargaining team members from the geographic area of concern with travel and per diem for team members being paid by the Department. Section 4 - Local On all policies and directives or other changes for which the Department meets its bargaining obligation at the national level. Unless otherwise permitted by law or this Article, appropriate local bargaining shall take place at individual facilities and may include substantive bargaining that does not conflict with negotiated national policy and agreements. Upon request, the Union no changes will be briefed implemented by the Agency until all negotiations have been completed including any impasse proceedings. SECTION 4. The Union may initiate bargaining on the proposed subject prior to the demand to bargain. Proposed changes in personnel policies, practices, or and matters affecting working conditions affecting during the interests term of one local union shall require notice to this Agreement on matters not expressly covered by this Agreement in accordance with the President of that local. Proposed changes in personnel policies, practices, or working conditions affecting the interests of two or more local unions within a facility shall require notice to a party designated by the NVAC President with a copy to the affected local unions. Upon request, the parties will negotiate as appropriate. The Union representative shall receive official time for all time spent in negotiations as provided under 5 USC 7131(a). Ground Rules for local bargaining shall be established by the parties at the local level.Federal Service Labor-

Mid-Term Bargaining. Section 1. During the life of this agreement, no rule or regulation, other than those implementing government-wide policy, shall be enforced if it conflicts with any portion of this agreement, and was not in effect on the date this agreement takes effect. (a) In accordance with Section 1 - General above, the parties agree that the MO retains the right to make reasonable work rules and policies, if they are not in direct conflict with this agreement. (b) A proposal for a new or modified policy, practices, procedure or general working condition will be provided to the Local Union along with a proposed date of implementation and the name of a contact person with whom the Local Union may discuss the proposal. 1. If the change is proposed by the DOI, BLM Washington Office or OSO, it will be provided to the President of the Local Union. 2. If a change is proposed by a district that impacts the local MO unit, it will be provided to the Local Maintenance Manager and the President or designee of the Local Union. (c) The purpose of this article is to establish a complete Local Union will review the proposal for impact and orderly process to govern mid-term implementation effects and may request negotiations at all levelson same. The parties are encouraged to use an IBB approach in all mid-term negotiations and Local Union will ensure that negotiators are trained in this approach prior provide negotiation proposals to the inception Local Maintenance Manager or Project Manager as appropriate. 1. For negotiations on changes proposed on a specific unit, the Local Union will select representatives from that unit. These representatives will be on official time in accordance with Article V Section 5 (a). Section 3. Pending the resolution of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressedpossible negotiability disputes, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do not conflict, interfere with, or impair implementation of the Master Agreement. However, matters that are excluded from mid-term bargaining will be identified within each articlescheduled at a mutually acceptable date and time at a place designated and provided by the MO. Section 4. As appropriateWhen the MO and the Local Union cannot agree on a matter that is negotiable and an impasse has been reached, the item will be set aside. After all negotiable items on which agreement can be reached have been disposed of, the MO and the Local Union will again attempt to resolve any impasses. The MO and the Local Union may initiate seek the services of the Federal Mediation and Conciliation Service (FMCS). Section 5. Ratification of agreements between the Local Union and the MO is required. The Local Union President’s signature verifies ratification. The President’s signature as a negotiation team member does not verify ratification. In the event an agreement is not ratified, all tentative agreements made during the negotiations are null and void. Section 6. The effective date of any Supplemental Agreement(s) negotiated through mid-term bargaining at all levels on matters affecting will be the working conditions date of bargaining unit employees. Section 2 - National The Department will forward all proposed changes for which there is a bargaining obligation to approval by the President DOI, Washington Office of the NVAC or designee(s) along with copies Bureau of all necessary and relevant documents relied upon. When a new law is enacted and the Department decides not to issue a national policy, the Union will be notified prior to implementation. If either party initiates a demand to bargain, briefings will occur within 20 workdays of the demand to bargain. Proposals will be submitted 20 workdays after the briefing. Any Union demand to bargain must be received by the designated Department official within 20 workdays from the date the NVAC President or designee receives the proposed change. The date of receipt shall be documented on a simple form agreed upon by both parties. Extensions or reductions of the 20 workday time period will be by mutual agreement.. The Department’s bargaining obligation is triggered when the Union submits a bargaining demand. When the Union’s bargaining demand is submitted, the parties will discuss the proposed change and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition the parties will meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded sooner. If the parties are unable to reach agreement, negotiations will normally proceed to face-to-face bargaining. When traditional bargaining is used, the Union’s written proposal(s) will be submitted prior to bargaining. The parties retain the right to modify, withdrawLand Management, or add to any interests, concerns, or proposals they may have discussed or exchanged earlier. Bargaining sessions will be for 8-1/2 hour days at mutually agreeable times which include a break for lunch. However, the parties, by mutual agreement, may extend or shorten such bargaining sessions as necessary. The parties agree to utilize ADR mechanisms, as appropriate, without waiving either party’s statutory rights. Each party may have up to four negotiators which by mutual agreement may be increased based on the complexity and/or number of issues to be negotiated. The parties will exchange the names of the bargaining team members for the specific issue(s) to be negotiated. This does not preclude the attendance of experts by mutual consent of the parties. Travel and per diem will be paid by the Department pursuant to the Federal Travel Regulations for bargaining team members. These members will be allowed official time to complete the bargaining obligation. An automated data base for existing and future memorandums of understanding will be established and maintained by the Department. This data base will be made accessible to both the national and local Union officials. Section 3 - Intermediate The President of the NVAC or designee will provide the names of the bargaining team members for the specific issue(s) to be negotiated when the Union delegates national bargaining to the intermediate level. Ground rules for intermediate bargaining shall be established by the parties at that level. The parties will make every effort to use bargaining team members from the geographic area of concern with travel and per diem for team members being paid by the Department. Section 4 - Local On all policies and directives or other changes for which the Department meets its bargaining obligation at the national level, appropriate local bargaining shall take place at individual facilities and may include substantive bargaining that does not conflict with negotiated national policy and agreements. Upon request, the Union will be briefed on the proposed subject prior to the demand to bargain. Proposed changes in personnel policies, practices, or working conditions affecting the interests of one local union shall require notice to the President of that local. Proposed changes in personnel policies, practices, or working conditions affecting the interests of two or more local unions within a facility shall require notice to a party designated by the NVAC President with a copy to the affected local unions. Upon request, the parties will negotiate as appropriate. The Union representative shall receive official time for all time spent in negotiations as provided under 5 USC 7131(a). Ground Rules for local bargaining shall be established by the parties at the local level.thirty

Mid-Term Bargaining. Section 1 - General SECTION 1. The purpose Federal Service Labor Management Relations Statute imposes an obligation upon the parties to bargain in good faith over procedures and appropriate arrangements, and in some cases the substance of, changes in working conditions which are proposed by Management during the term of this article is to establish a complete and orderly process to govern mid-term negotiations at all levels. The parties are encouraged to use an IBB approach in all mid-term negotiations and will ensure that negotiators are trained in this approach prior to the inception of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do not conflict, interfere with, or impair implementation of the Master Agreement. However, matters that are excluded from mid-term This Article covers collective bargaining will be identified within each article. As appropriate, the Union may initiate mid-term bargaining at all levels on matters affecting the of changes in working conditions of bargaining unit employees. It sets forth the processes that the parties have agreed will be used to satisfy their statutory obligations under the Federal Services Labor Management Relations Statute. The parties recognize that each has a responsibility to consider the other’s issues and to make an honest attempt to find acceptable solutions. Except where specifically noted otherwise, Section 2 procedures govern local, regional, and national mid-term matters. Section 2 - National The Department SECTION 2. When Management proposes a change which materially affects conditions of employment, they will forward all proposed changes for which there is a bargaining obligation to the President provide adequate notice of the NVAC or designee(s) along with copies of all necessary changes and relevant documents relied upon. When a new law is enacted and the Department decides not to issue a national policy, the Union will be notified prior to implementation. If either party initiates a demand to bargain, briefings will occur within 20 workdays of the demand an opportunity to bargain. Proposals will be submitted 20 workdays after the briefing. Any Union demand to bargain must be received by the designated Department official within 20 workdays from the date the NVAC President or designee receives the proposed change. The date of receipt shall be documented on a simple form agreed upon by both parties. Extensions or reductions of the 20 workday time period will be by mutual agreement.. The Department’s bargaining obligation is triggered Similarly, when the Union submits initiates a mid-term bargaining demandrequest over a matter that requires bargaining under the Statute, the Agency will negotiate with the Union to the extent required by law.” When the proposed changes affect employees within a single local, regional, or national office, such notice will be served on the appropriate designated representative for that level. Notices served other than upon the designated representative shall not be considered as having given notice. When the Union’s bargaining demand is submittedproposed changes affecting the region as a whole or which will impact more than one office in a particular region, such notice will be served on the parties will discuss regional chairperson or designee. When the proposed change and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition changes affecting the parties NWS as a whole, notice will meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after be served on the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded sooner. If the parties are unable to reach agreement, negotiations will normally proceed to face-to-face bargainingNWSEO President or designee. When traditional bargaining is usedproposed changes are of a similar nature affecting more than one region, the Union’s written proposal(s) notice will be submitted prior to bargaining. The parties retain served on the right to modify, withdraw, NWSEO President or add to any interests, concerns, or proposals they may have discussed or exchanged earlierdesignee. Bargaining sessions over these common changes will be for 8-1/2 hour days at mutually agreeable times which include a break for lunch. However, the parties, by mutual agreement, may extend or shorten such bargaining sessions as necessary. The parties agree to utilize ADR mechanisms, as appropriate, without waiving either party’s statutory rights. Each party may have up to four negotiators which by mutual agreement may be increased based on the complexity and/or number of issues to be negotiated. The parties will exchange the names of the bargaining team members for the specific issue(s) to be negotiated. This does not preclude the attendance of experts by mutual consent of the parties. Travel and per diem will be paid by the Department pursuant to the Federal Travel Regulations for bargaining team members. These members will be allowed official time to complete the bargaining obligation. An automated data base for existing and future memorandums of understanding will be established and maintained by the Department. This data base will be made accessible to both the national and local Union officials. Section 3 - Intermediate The President of the NVAC or designee will provide the names of the bargaining team members for the specific issue(s) to be negotiated when the Union delegates national bargaining to the intermediate level. Ground rules for intermediate bargaining shall be established by the parties at that level. The parties will make every effort to use bargaining team members from the geographic area of concern with travel and per diem for team members being paid by the Department. Section 4 - Local On all policies and directives or other changes for which the Department meets its bargaining obligation occur at the national level, appropriate level with an understanding that subsequent bargaining on local bargaining shall changes in working conditions will take place at individual facilities and may include substantive bargaining that does not conflict with negotiated national policy and agreements. Upon request, the Union will be briefed on the proposed subject prior to the demand to bargain. Proposed changes in personnel policies, practices, local or working conditions affecting the interests of one local union shall require notice to the President of that local. Proposed changes in personnel policies, practices, or working conditions affecting the interests of two or more local unions within a facility shall require notice to a party designated by the NVAC President with a copy to the affected local unions. Upon request, the parties will negotiate regional level as appropriate. The Union representative shall receive official time for all time spent in negotiations as provided under 5 USC 7131(a). Ground Rules for local bargaining Notices concerning a change shall be established provided as far in advance as practicable of the proposed implementation date. Notices will contain a description of the change, the need for the change, a proposed implementation date, and the identity of the NWS’s representative. Notice will be in writing using an e-mail address, provided by the parties at the local levelNWSEO representative, or by receipted personal delivery.

Mid-Term Bargaining. Section 1 - General The purpose A. With respect to matters not already covered by provisions of this article is to establish a complete and orderly process to govern mid-term negotiations at all levels. The parties are encouraged to use an IBB approach in all mid-term negotiations and will ensure that negotiators are trained in this approach prior to the inception of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do not conflictand which affect conditions of employment subject to bargaining under 5 USC Chapter 71, interfere withthe Employer agrees to provide the Union President or designee with reasonable written or verbal notice of planned changes reasonably in advance, or impair implementation and to include information used to formulate its plan. Upon receipt of the Master Agreement. However, matters that are excluded from mid-term bargaining will be identified within each article. As appropriate, the Union may initiate mid-term bargaining at all levels on matters affecting the working conditions of bargaining unit employees. Section 2 - National The Department will forward all proposed changes for which there is a bargaining obligation to the President of the NVAC or designee(s) along with copies of all necessary and relevant documents relied upon. When a new law is enacted and the Department decides not to issue a national policynotice, the Union will be notified prior to implementation. If either party initiates a demand to bargain, briefings will occur within 20 workdays of the demand to bargain. Proposals will be submitted 20 workdays after the briefing. Any Union demand to bargain must be received by notify the designated Department official within 20 workdays from Employer Representative if it desires to consult and/or negotiate about the date the NVAC President or designee receives the proposed change. The date Union will not be required to submit written proposals in advance of the start of the bargaining period, but agrees to make good faith efforts to submit proposals, in part or in whole, prior to arriving at the bargaining site, whenever practical. Bargaining will begin as soon as reasonably possible and as agreed by the parties but not later than fifteen (15) days of the receipt shall be documented on a simple form of management proposal. Negotiations will last no more than five (5) workdays or as agreed upon by both the parties. Extensions or reductions of the 20 workday time period will be by mutual agreement.. The Department’s bargaining obligation is triggered when the Union submits a bargaining demand. When the Union’s bargaining demand is submittedDuring this time, the parties will discuss explore all aspects of the proposed change changes and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition the parties will meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded sooner. If the parties are unable work diligently to reach agreement, negotiations will normally proceed to face-to-face bargaining. When traditional bargaining If no agreement is usedreached, the Union’s written proposal(s) Employer will be submitted prior then implement those changes necessary for effective program administration, subject to bargaining. The parties retain subsequent modification via the right to modify, withdrawAlternative Dispute Resolution process contained in Article 36, or add to any interests, concerns, or proposals they successor arrangement mutually agreed upon. Any timeframe hereby established may have discussed or exchanged earlier. Bargaining sessions will be for 8-1/2 hour days at mutually agreeable times which include a break for lunch. However, the parties, changed by mutual agreement, may extend or shorten such bargaining sessions as necessaryconsent. The parties agree to utilize ADR Alternative Dispute Resolution mechanisms, as appropriate, without waiving either party’s statutory rights. Each party may have up to four negotiators which by mutual agreement may be increased based on the complexity and/or number of issues to be negotiated. The parties will exchange the names of the bargaining team members for the specific issue(s) to be negotiated. This does not preclude the attendance of experts by mutual consent of the parties. Travel and per diem will be paid by the Department pursuant to the Federal Travel Regulations for bargaining team members. These members will be allowed official time to complete the bargaining obligation. An automated data base for existing and future memorandums of understanding will be established and maintained by the Department. This data base will be made accessible to both the national and local Union officials. Section 3 - Intermediate B. The Union President of the NVAC or designee will provide reasonable advance written notice to the names State Director or designee of the bargaining team members for the specific issue(s) Union’s intention to be negotiated when the Union delegates national bargaining to the intermediate level. Ground rules for intermediate bargaining shall be established submit proposed written changes in conditions of employment over matters not contained in or covered by this Agreement nor waived by the parties at that levelduring negotiations. The parties will make every effort to use bargaining team members from Within five (5) workdays of issuing the geographic area of concern with travel and per diem for team members being paid by the Department. Section 4 - Local On all policies and directives or other changes for which the Department meets its bargaining obligation at the national level, appropriate local bargaining shall take place at individual facilities and may include substantive bargaining that does not conflict with negotiated national policy and agreements. Upon requestadvance notice, the Union will be briefed on the proposed subject prior submit its complete written proposal to the demand State Director or designee. Any such proposal cannot interfere with management’s reserved rights under 5 USC 7106(a). Upon receipt of the Union’s written proposal, the Employer will have five (5) workdays to submit complete counter-proposals related to the Union’s offer. The Union and Management will then meet within the next five (5) workdays to bargain. Proposed changes in personnel policies, practices, or working conditions affecting the interests of one local union shall require notice to the President of that localNegotiations will last no more than five (5) workdays. Proposed changes in personnel policies, practices, or working conditions affecting the interests of two or more local unions within a facility shall require notice to a party designated by the NVAC President with a copy to the affected local unions. Upon requestDuring this time, the parties will negotiate explore all aspects of the proposed subject and will work diligently to reach agreement. If no agreement is reached, the parties will utilize the Alternative Dispute Resolution process contained in Article 36, or any successor arrangement mutually agreed upon. Any timeframe hereby established may be changed by mutual consent. The parties agree to utilize Alternative Dispute Resolution mechanisms, as appropriate, without waiving either party’s statutory rights. C. The parties recognize that the timeframes set in this Agreement to initiate bargaining are based upon normal circumstances and may occasionally need to be shortened to meet compelling operational needs. The Union representative shall receive official time Management agrees not to set artificial deadlines for all time spent implementing changes in negotiations as provided under 5 USC 7131(a). Ground Rules for local bargaining shall be established by order to circumvent the parties at the local levelnormal timeframes.

Mid-Term Bargaining. Section 1 - General 1. It is agreed that personnel policies, practices and matters affecting working conditions, not expressly contained in this Agreement, shall not be changed by the Agency without prior notice to, and negotiation with the Union in accordance with applicable law.The purpose provisions of this article is Article apply to establish substance bargaining, if appropriate, procedures which the Agency will observe in exercising a complete and orderly process management right, and/or appropriate arrangements for employees adversely affected by the exercise of a management right. Additionally, the provisions of this Article apply to govern mid-term any negotiations specifically required or allowed by reference in any provision of this Agreement. Section 2. All bargaining shall be at all levelsthe national level, except where specifically authorized by this Agreement or otherwise agreed to by the Parties at the national level. The parties are encouraged to use an IBB approach in all mid-term negotiations and will ensure that negotiators are trained in this approach prior to the inception Agreements reached as a result of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do not conflict, interfere with, or impair implementation of the Master Agreement. However, matters that are excluded from mid-term bargaining may not increase or diminish entitlements expressly contained in this Agreement or otherwise conflict with any express provision of this Agreement. Section 3. Should the Agency propose a change described in Section 1, thirty (30) days written notice of the proposed change shall be provided to the Union at the national level except where specifically authorized by this Agreement or otherwise agreed to by the Parties at the national level. The Union shall have up to fifteen (15) days from receipt of the notice to request a meeting regarding the change. If the Union requests a meeting, the meeting will be identified held within each articleten (10) days of the Union’s request, and the Parties will review the proposed changes. As appropriateOtherwise, the Union may initiate mid-term bargaining submit written proposals within thirty (30) days of receipt of the original notice of the change(s). If the Agency fails to hold the meeting at all levels on matters affecting the working conditions of bargaining unit employees. Section 2 - National The Department will forward all proposed changes for a time which there is a bargaining obligation mutually agreeable to the President Parties within ten (10) days of the NVAC or designee(s) along with copies of all necessary and relevant documents relied upon. When a new law is enacted and the Department decides not to issue a national policyUnion’s request, the Union will be notified prior to implementation. If either party initiates a demand to bargain, briefings will occur within 20 workdays shall have at least ten (10) days from the conclusion of the demand meeting to bargainsubmit written proposals. Proposals will However, regardless of when the meeting is held, the Union’s initial proposals must be submitted 20 workdays after the briefing. Any Union demand to bargain must be received by the designated Department official within 20 workdays forty-five (45) days from the date the NVAC President or designee receives the proposed change. The date of receipt shall be documented on a simple form agreed upon by both parties. Extensions or reductions of the 20 workday time period will be by mutual agreement.. The Department’s bargaining obligation is triggered when original notice. If the Union requests a meeting or submits a bargaining demand. When the Union’s bargaining demand is submittedwritten proposals, the parties will discuss the proposed change and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition the parties will Parties shall meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded soonerand place to conduct negotiations.The Parties agree that every effort shall be made to reach agreement as expeditiously as possible. If the parties Union does not request a meeting or submit written proposals within the prescribed time period, the Agency may implement the change as proposed. Nothing in this Article shall be construed as infringing on the Union’s right to designate its own representative(s). Section 4. If the Parties are unable to reach agreement, negotiations will normally proceed to face-to-face bargaining. When traditional bargaining is usedresolve a dispute, the Union’s written proposal(s) Parties are free to pursue whatever course of action is available to them under the Federal Service Labor-Management Relations Statute. Unless otherwise permitted by law or this Article, no changes will be submitted prior to bargaining. The parties retain the right to modify, withdraw, or add to any interests, concerns, or proposals they may have discussed or exchanged earlier. Bargaining sessions will be for 8-1/2 hour days at mutually agreeable times which include a break for lunch. However, the parties, by mutual agreement, may extend or shorten such bargaining sessions as necessary. The parties agree to utilize ADR mechanisms, as appropriate, without waiving either party’s statutory rights. Each party may have up to four negotiators which by mutual agreement may be increased based on the complexity and/or number of issues to be negotiated. The parties will exchange the names of the bargaining team members for the specific issue(s) to be negotiated. This does not preclude the attendance of experts by mutual consent of the parties. Travel and per diem will be paid implemented by the Department pursuant to the Federal Travel Regulations for bargaining team members. These members will be allowed official time to complete the bargaining obligation. An automated data base for existing and future memorandums of understanding will be established and maintained by the Department. This data base will be made accessible to both the national and local Union officialsAgency until all negotiations have been completed including any impasse proceedings. Section 3 - Intermediate The President of the NVAC or designee will provide the names of the bargaining team members for the specific issue(s) to be negotiated when the Union delegates national bargaining to the intermediate level. Ground rules for intermediate bargaining shall be established by the parties at that level5. The parties will make every effort to use bargaining team members from the geographic area of concern with travel and per diem for team members being paid by the Department. Section 4 - Local On all policies and directives or other changes for which the Department meets its bargaining obligation Union at the national level, appropriate local level may initiate bargaining shall take place at individual facilities and may include substantive bargaining that does not conflict with negotiated national policy and agreements. Upon request, the Union will be briefed on the proposed subject prior to the demand to bargain. Proposed changes in personnel policies, practices, or and matters affecting working conditions affecting during the interests term of one local union this Agreement on matters not expressly contained in this Agreement in accordance with the Federal Service Labor-Management Relations Statute.When the Agency has received a written proposal from the Union, if requested, a meeting will be scheduled within fifteen (15) days at a mutually agreeable time and place to review the Union’s proposal. The Agency may submit written counter proposals within thirty (30) days of the Union’s proposal. The Parties shall require notice meet at mutually agreeable times and places to conduct negotiations. If the President of that local. Proposed changes in personnel policies, practices, Agency fails to respond or working conditions affecting the interests of two or more local unions within a facility shall require notice to a party designated by the NVAC President with a copy to the affected local unions. Upon requestif no agreement is reached, the parties will negotiate as appropriateprovisions of Section 4 of this Article shall apply. Section 6. The Union representative shall receive Union, under this Article, will be authorized an equal number of representatives on official time for all time spent the conduct of negotiations in negotiations as provided under accordance with 5 USC 7131(a)7131.The time limits under this Article may be extended by mutual agreement of the Parties. Section 7. Ground Rules Nothing in this Article is intended to preclude the Parties from formulating ground rules for local mid-term bargaining issues. Section 8. The Parties agree that they will not assert, as a defense to a demand for bargaining over a proposed mid-term change in conditions of employment, that the proposed change is inseparably bound up with and thus plainly an aspect of a subject covered by this Agreement, but they may assert the first prong of the FLRA “covered by” doctrine that the matter is expressly contained in this Agreement. Section 9. Except where the Parties have reached agreements and understandings during the course of the negotiations of this Agreement, upon the effective date of this Agreement, all memoranda of agreement; memoranda of understanding; past practices; and other written or oral agreements whether formal or informal, shall have no force or effect and shall not be binding on the Parties in any respect. The foregoing applies at the local, regional, and national levels. Nothing in this section shall be established by construed as a waiver of the parties at the local levelUnion’s right to midterm bargaining under this Article.

Mid-Term Bargaining. Section 1 - General 1. It is agreed that personnel policies, practices and matters affecting working conditions, not expressly contained in this Agreement, shall not be changed by the Agency without prior notice to, and negotiation with the Union in accordance with applicable law.The purpose provisions of this article is Article apply to establish substance bargaining, if appropriate, procedures which the Agency will observe in exercising a complete and orderly process management right, and/or appropriate arrangements for employees adversely affected by the exercise of a management right. Additionally, the provisions of this Article apply to govern mid-term any negotiations specifically required or allowed by reference in any provision of this Agreement. Section 2. All bargaining shall be at all levelsthe national level, except where specifically authorized by this Agreement or otherwise agreed to by the Parties at the national level. The parties are encouraged to use an IBB approach in all mid-term negotiations and will ensure that negotiators are trained in this approach prior to the inception Agreements reached as a result of bargaining. Recognizing that the Master Agreement cannot cover all aspects or provide definitive language on each subject addressed, it is understood that mid-term agreements at all levels may include substantive bargaining on all subjects covered in the Master Agreement, so long as they do not conflict, interfere with, or impair implementation of the Master Agreement. However, matters that are excluded from mid-term bargaining may not increase or diminish entitlements expressly contained in this Agreement or otherwise conflict with any express provision of this Agreement. Section 3. Should the Agency propose a change described in Section 1, thirty (30) days written notice of the proposed change shall be provided to the Union at the national level except where specifically authorized by this Agreement or otherwise agreed to by the Parties at the national level. The Union shall have up to fifteen (15) days from receipt of the notice to request a meeting regarding the change. If the Union requests a meeting, the meeting will be identified held within each articleten (10) days of the Union’s request, and the Parties will review the proposed changes. As appropriateOtherwise, the Union may initiate mid-term bargaining submit written proposals within thirty (30) days of receipt of the original notice of the change(s). If the Agency fails to hold the meeting at all levels on matters affecting the working conditions of bargaining unit employees. Section 2 - National The Department will forward all proposed changes for a time which there is a bargaining obligation mutually agreeable to the President Parties within ten (10) days of the NVAC or designee(s) along with copies of all necessary and relevant documents relied upon. When a new law is enacted and the Department decides not to issue a national policyUnion’s request, the Union will be notified prior to implementation. If either party initiates a demand to bargain, briefings will occur within 20 workdays shall have at least ten (10) days from the conclusion of the demand meeting to bargainsubmit written proposals. Proposals will However, regardless of when the meeting is held, the Union’s initial proposals must be submitted 20 workdays after the briefing. Any Union demand to bargain must be received by the designated Department official within 20 workdays forty-five (45) days from the date the NVAC President or designee receives the proposed change. The date of receipt shall be documented on a simple form agreed upon by both parties. Extensions or reductions of the 20 workday time period will be by mutual agreement.. The Department’s bargaining obligation is triggered when original notice. If the Union requests a meeting or submits a bargaining demand. When the Union’s bargaining demand is submittedwritten proposals, the parties will discuss the proposed change and share their interests and concerns. The parties may first attempt to reach agreement by conducting telephone negotiations. In addition the parties will Parties shall meet face-to-face quarterly. Such negotiations should normally begin no later than 10 workdays after the Department chairperson receives the Union’s demand to bargain. Telephone negotiations shall normally be for up to three hours per day, commencing at a mutually agreeable time on consecutive days unless concluded soonerand place to conduct negotiations.The Parties agree that every effort shall be made to reach agreement as expeditiously as possible. If the parties Union does not request a meeting or submit written proposals within the prescribed time period, the Agency may implement the change as proposed. Nothing in this Article shall be construed as infringing on the Union’s right to designate its own representative(s). Section 4. If the Parties are unable to reach agreement, negotiations will normally proceed to face-to-face bargaining. When traditional bargaining is usedresolve a dispute, the Union’s written proposal(s) Parties are free to pursue whatever course of action is available to them under the Federal Service Labor-Management Relations Statute. Unless otherwise permitted by law or this Article, no changes will be submitted prior to bargaining. The parties retain the right to modify, withdraw, or add to any interests, concerns, or proposals they may have discussed or exchanged earlier. Bargaining sessions will be for 8-1/2 hour days at mutually agreeable times which include a break for lunch. However, the parties, by mutual agreement, may extend or shorten such bargaining sessions as necessary. The parties agree to utilize ADR mechanisms, as appropriate, without waiving either party’s statutory rights. Each party may have up to four negotiators which by mutual agreement may be increased based on the complexity and/or number of issues to be negotiated. The parties will exchange the names of the bargaining team members for the specific issue(s) to be negotiated. This does not preclude the attendance of experts by mutual consent of the parties. Travel and per diem will be paid implemented by the Department pursuant to the Federal Travel Regulations for bargaining team members. These members will be allowed official time to complete the bargaining obligation. An automated data base for existing and future memorandums of understanding will be established and maintained by the Department. This data base will be made accessible to both the national and local Union officialsAgency until all negotiations have been completed including any impasse proceedings. Section 3 - Intermediate The President of the NVAC or designee will provide the names of the bargaining team members for the specific issue(s) to be negotiated when the Union delegates national bargaining to the intermediate level. Ground rules for intermediate bargaining shall be established by the parties at that level5. The parties will make every effort to use bargaining team members from the geographic area of concern with travel and per diem for team members being paid by the Department. Section 4 - Local On all policies and directives or other changes for which the Department meets its bargaining obligation Union at the national level, appropriate local level may initiate bargaining shall take place at individual facilities and may include substantive bargaining that does not conflict with negotiated national policy and agreements. Upon request, the Union will be briefed on the proposed subject prior to the demand to bargain. Proposed changes in personnel policies, practices, or and matters affecting working conditions affecting during the interests term of one local union this Agreement on matters not expressly contained in this Agreement in accordance with the Federal Service Labor-Management Relations Statute.When the Agency has received a written proposal from the Union, if requested, a meeting will be scheduled within fifteen (15) days at a mutually agreeable time and place to review the Union’s proposal. The Agency may submit written counter proposals within thirty (30) days of the Union’s proposal. The Parties shall require notice meet at mutually agreeable times and places to conduct negotiations. If the President of that local. Proposed changes in personnel policies, practices, Agency fails to respond or working conditions affecting the interests of two or more local unions within a facility shall require notice to a party designated by the NVAC President with a copy to the affected local unions. Upon requestif no agreement is reached, the parties will negotiate as appropriateprovisions of Section 4 of this Article shall apply. Section 6. The Union representative shall receive Union, under this Article, will be authorized an equal number of representatives on official time for all time spent the conduct of negotiations in negotiations as provided under accordance with 5 USC 7131(a)7131. Ground Rules The time limits under this Article may be extended by mutual agreement of the Parties. Section 7. Nothing in this Article is intended to preclude the Parties from formulating ground rules for local mid-term bargaining issues. Section 8. The Parties agree that they will not assert, as a defense to a demand for bargaining over a proposed mid-term change in conditions of employment, that the proposed change is inseparably bound up with and thus plainly an aspect of a subject covered by this Agreement, but they may assert the first prong of the FLRA “covered by” doctrine that the matter is expressly contained in this Agreement. Section 9. Except where the Parties have reached agreements and understandings during the course of the negotiations of this Agreement, upon the effective date of this Agreement, all memoranda of agreement; memoranda of understanding; past practices; and other written or oral agreements whether formal or informal, shall have no force or effect and shall not be binding on the Parties in any respect. The foregoing applies at the local, regional, and national levels. Nothing in this section shall be established by construed as a waiver of the parties at the local levelUnion’s right to midterm bargaining under this Article.