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Article 40: Office Relocation, Openings and Space

Section 1

This Article applies to the physical move to different office space of full or partial Divisions/Offices/Regional Offices, or the opening of new office space. This Article applies only to moves of bargaining unit employees.

Section 2

A. When the Employer has made a final decision to relocate a full Division/Office/Regional Office or all employees at a current location, or open office space in a new building, the Employer will provide written notice of the move/opening to the Union as soon as possible, generally not fewer than thirty (30) calendar days in advance of the projected moving/opening date. The notice will include relevant and necessary information the Employer may have pertaining to the configuration of the physical space contemplated in the move/opening (including a floor plan). Further, upon request, the Employer will provide the Union with a walk-through inspection of the physical space.

B. The Union will have twenty-one (21) calendar days after notification in which to submit to the Employer its negotiable proposals concerning the move/opening. Within seven (7) calendar days thereafter, the Employer and Union will commence bargaining. If, under 5 U.S.C. §7106(a)(2)(D), the Employer is required to move to or open new space before concluding negotiations, the parties will continue negotiations and the Employer will implement any resulting agreements promptly.

Section 3

A. When the Employer has made a final decision to relocate less than a full Division/Office/Regional Office and that relocation will have more than a de minimis impact on bargaining unit employees:

• the Employer will provide written notice to the Union of the move of ten (10) or fewer bargaining unit employees at least seven (7) calendar days in advance of the projected moving date; and

• the Employer will provide written notice to the Union of the move of more than ten (10) bargaining unit employees at least twenty-five (25) calendar days in advance of the projected moving date.

B. The written notice will include relevant and necessary information the Employer may have pertaining to the configuration of the physical space contemplated in the move. Further, upon request, the Employer will provide the Union with a walk-through inspection of the physical space.

C. The Union will have ten (10) calendar days after notification in which to submit to the Employer its negotiable proposals concerning the move. Within seven (7) calendar days thereafter, the Employer and the Union will commence bargaining. If, under 5 U.S.C. §7106(a)(2)(D), the Employer is required to move to or open new space before concluding negotiations, the parties will continue negotiations and the Employer will implement any resulting agreements promptly.

Section 4

A. During any bargaining over the assignment of new or existing office space, including but not limited to realignments, reassignments or reorganizations, the Employer retains the right to determine which offices:

1. Will be occupied by any individuals who are not in the bargaining unit; however, the Employer will not displace any bargaining unit employee from their currently assigned office space with a contractor without first negotiating with the Union;

2. Are available for shared space.

B. The Union shall determine the order in which bargaining unit employees select offices from the available footprint using a seniority system devised at its discretion.

Section 5

The Employer will provide the following, as relevant and necessary, to the Union:

• The names of the unit employees who will be moved, and when they are scheduled to move;

• A description of the assistance that will be provided to employees, including those with disabilities, in preparing for the move; and

• Packing personal items and/or otherwise assisting in preparation for the move.

Section 6

For an employee who is regularly scheduled to be in the office for:

(1) five days or fewer per pay period, management may require the employee to share an office in the event that there is a division or office-wide space shortage or planned physical reconfiguration of space in the employee’s division/office; and

(2) four days or fewer per pay period, management may require the employee to hotel in the event that there is a division or office-wide space shortage or planned physical reconfiguration of space in the employee’s division/office, except for Union Stewards.

The Employer will not adjust current office space assignments short of a space shortage or a planned physical reconfiguration of space, unless otherwise mutually agreed by the Parties. Once provided an available office space list in accordance with Section 4(A), the Union will conduct the selection process for shared work space using those offices slated to be shared space. An employee may elect to hotel rather than share work space. An employee who ends a regular schedule that requires office sharing or hoteling is not guaranteed to return immediately to an unshared or shared office.

Section 7

Employees may be granted up to four days of administrative leave for making arrangements to move, including packing and unpacking, provided that the employee’s new duty station is at an SEC office that is located more than 100 miles away from the employee’s current duty station.