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Article 6: Mid-Term Bargaining
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 Union National President (or his or her designee) and a concurrent copy to the Chapter President.
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.
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.
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.
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.
The Parties may agree to reasonable extensions of time under this Article provided that the total time does not cause an unreasonable delay or impede the Employer from exercising its management rights.
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.
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.