Section 1 - Agency-Initiated Mid-Term Bargaining

A. Whenever the Employer proposes a national change (i.e., nationwide or agency- wide) to a personnel policy, practice, or matter affecting working conditions not covered by this Agreement, the Employer will provide reasonable advance written notice of the proposed change to the NTEU National President (or their designee) and a concurrent copy to the NTEU Chapter 293 President.

B. Whenever the Employer proposes a local change (i.e., affecting only one Regional office, or Headquarters only) to a personnel policy, practice, or matter affecting working conditions not covered by this Agreement, the Employer will provide reasonable advance written notice of the proposed change to the local Union representative designated by the Union and a concurrent copy to the Chapter President.

C. The Union may submit written proposals to the Employer after receiving notice from the Employer. Such proposals shall be submitted within twenty-one (21) calendar days for a proposed national or agency-wide change, and within fifteen (15) calendar days for a proposed local change. The Union's proposals will relate to the proposed changes and will not address extraneous matters. However, if the Union receives new information regarding the proposed change, it may submit new proposals concerning that information.

D. If the Union submits written proposals, the Parties will meet at a mutually agreeable time and place to begin negotiations within fourteen (14) calendar days of the Employer's receipt of the Union's proposals. Negotiations will be conducted during the regular business days and hours of the office where the negotiations are taking place, unless otherwise agreed to by the Parties.

E. In accordance with 5 U.S.C. § 7131, the Union will be authorized a number of representatives on official time for the conduct of negotiations equal to the number of the Employer's representatives throughout the bargaining process (through impasse proceedings). It is understood that the presence of any NTEU National staff member(s) will not contribute to the calculation of the number of representatives on the Union's Negotiating Team. Additionally, it is understood that the presence of any SEC General Counsel staff will not contribute to the calculation of the number of representatives on the SEC's Negotiating Team. When negotiating over a national change, the Employer will provide videoconferencing, when available, to enable such employees to participate in negotiations. In accordance with 5 U.S.C. § 7117, the Parties will bargain in good faith and make every effort in order to reach agreement as expeditiously as possible. If the Union has not submitted written proposals within the time period prescribed above, the Employer may implement the change as proposed.

F. The Parties may agree to reasonable extensions of time under this Article.

G. Except as permitted by law, the Employer will not implement the proposed change prior to completing bargaining. If the Employer implements a change prior to the completion of bargaining, bargaining will continue and the resulting agreement will be implemented as agreed upon.

Section 2 - Union-Initiated Mid-Term Bargaining

To the extent permitted by law, the Union may initiate mid-term bargaining by proposing negotiable changes in conditions of employment during the term of this Agreement concerning matters not covered by this or any other agreement between the Parties, and provided that such matters do not relate to matters over which the Union has waived its right to bargain during the negotiation of this Agreement.

A. The Parties will meet at a mutually agreeable time and place to begin negotiations within fourteen (14) calendar days of the Employer's receipt of the Union's proposals. Negotiations will be conducted during the regular business days and hours of the office where the negotiations are taking place, unless otherwise agreed to by the Parties.

B. In accordance with 5 U.S.C. § 7131, the Union will be authorized a number of representatives on official time for the conduct of negotiations equal to the number of the Employer's representatives throughout the bargaining process (through impasse proceedings). It is understood that the presence of any NTEU National staff member(s) will not contribute to the calculation of the number of representatives on the Union's Negotiating Team. Additionally, it is understood that the presence of any SEC General Counsel staff will not contribute to the calculation of the number of representatives on the SEC's Negotiating Team. When negotiating over a national change, the Employer will provide videoconferencing, when available, to enable such employees to participate in negotiations. In accordance with 5 U.S.C. § 7117, the Parties will bargain in good faith and make every effort in order to reach agreement as expeditiously as possible.

C. The Parties may agree to reasonable extensions of time under this Article.

Section 3 - Additional Ground Rules for Mid-Term Negotiations

A. Each Party will identify a Chief Negotiator for their Team.

B. If necessary, the Negotiating Teams may substitute alternate members to their own Team at any time during the negotiations, but should ordinarily notify the other Party’s Chief Negotiator at least two (2) business days prior to the next scheduled bargaining session.

C. Bargaining unit employees serving on the Union's negotiating team shall receive Official Time in accordance with 5 U.S.C. § 7131, if such members would otherwise be in a duty status. Bargaining unit employees serving on the Union’s Negotiating Team will not receive overtime, premium pay, compensatory time or credit hours for any activities relating to these negotiations, except where required by law.

D. Negotiations may be held in-person at a mutually agreed upon location and/or via video teleconference.

E. Negotiations will generally occur Tuesday through Thursday from 10am until 4pm each week, with a daily one-hour lunch break, until negotiations are complete or reach impasse, unless the Chief Negotiators agree to different times and days.

F. In the event the Parties reach an impasse, the Parties will proceed with mediation and/or file for panel assistance in accordance with the Federal Service Labor- Management Relations Statute.

G. Where proposals have been formally declared "non-negotiable" by the Employer, and the Parties are unable to settle these disputes, the Union expressly reserves the right to file a negotiability appeal with the Federal Labor Relations Authority (hereinafter referred to as "FLRA").