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 also applies to an employee’s office space, where an employee’s schedule (including use of ad hoc telework) either meets or does not meet certain office space thresholds described in Section 4 and Section 6. This Article applies only to moves of bargaining unit employees.

Section 2

The Employer will allow the Union the opportunity to provide pre-decisional input in the development of the program of requirements before the requests for lease proposals (RLP) have been issued, consistent with GSA guidance. The Employer will make a good faith effort to include the Union in any market survey conducted by the GSA during the pre-RLP issuance phase, subject to GSA approval and subject to all procurement integrity requirements.

Section 3

A. The Employer will notify the Union promptly of an award of lease for any office relocation, opening, or renewal, subject to pre-existing contractual and schedule commitments between GSA and the lessor/landlord.

B. The Employer will provide written notice of the move/opening to the Union as soon as possible, generally not fewer than ninety (90) 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 with the best detail available that should identify each new work space and shall show, if available, the placement of any chair, desk, pillar, or mullion). Further, upon request, the Employer will work with the GSA to provide Union representatives with the opportunity for a walk-through of the physical space.

C. 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 4

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:

1. the Employer will provide written notice to the Union of the move of ten (10) or fewer bargaining unit employees at least fourteen (14) calendar days in advance of the projected moving date; and

2. the Employer will provide written notice to the Union of the move of more than ten (10) bargaining unit employees at least thirty (30) 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 5

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 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.

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, and will conduct the office selections of bargaining unit employees.

Section 6

A. To facilitate the movement of employees referred to above as well as any movement of employees that may occur from time to time to fill vacant work space arising from employee departures, etc., the Employer shall provide to the Union, not later than thirty (30) days before the move, the space potentially available to bargaining unit employees and a list of all of the employees in the Division/Office/Regional Office, ranked by their seniority (as determined by the Union pursuant to Section 5(B)) as of that date or as of some prior date to be determined by the Union.

B. For the purpose of office selection, employees will be divided into two categories: (1) employees scheduled to be in-office five or more days per pay period; and, (2) employees who are scheduled to be in-office fewer than five days per pay period. For purposes of this provision, the number of days an employee is “scheduled to be in- office” will be reduced by the average number of approved Unscheduled Telework Days per pay period taken by the employee over the previous twelve-month period.

C. Category 1 employees will select offices first.

D. Category 2 employees will be hotel eligible. After the Agency assigns office space to non-bargaining unit employees and after Category 1 employees select offices, if there is insufficient space left to seat all Category 2 employees, the Agency will provide hotel space for them.

E. The Agency will then immediately bargain with the Union over its implementation of Paragraph D above, including the assignment of offices to some portion of Category 2 employees. Within each Category, employees will select offices by seniority as described above.

F. Any employee in a window office who changes their official work schedule from one that qualifies them as a Category 1 Employee to one that shifts them into Category 2 will have their office designated as vacant in the next office selection process and will select their office space in that process as a Category 2 Employee.

G. Notwithstanding the foregoing, the Employer shall have the right to locate secretaries and receptionists in specific workspaces based upon legitimate work-related reasons.

H. Contractors and interns will have workstations of no more than 48 Square feet, unless the Union agrees otherwise.

Section 7

A. With respect to any office move, the Employer will provide the following, as relevant and necessary, to the Union:

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

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

3. A description of the provisions for supplying boxes and other supplies to employees for the purposes of packing personal items and/or otherwise assisting in preparation for the move. Section 8 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.

Section 8

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.