Section 1. Scope of Bargaining

1. During the term of this Agreement, the Parties will honor their bargaining obligations under the Federal Service Labor-Management Relations Statute (5 USC chapter 71) and applicable case law to bargain mid-term changes in conditions of employment, including those made to Library of Congress Regulations (LCRs), that affect the Guild bargaining unit. Specific terms of this Agreement may be modified only by mutual agreement.
2. The Parties will not bargain mid-term de minimis changes. The provisions of this Agreement will not be changed for the duration of the Agreement, absent mutual agreement of the Parties, or unless permitted under Article 40 (Duration of Agreement), Sections 1 and 3 of this Agreement.
3. The Parties will approach negotiations with a sincere resolve to reach agreement, and will make a good faith effort to reach agreement as expeditiously as possible and without unnecessary delay.

Section 2. Library Initiated Changes

1. Should the Library decide to make a change in conditions of employment that affects the Guild bargaining unit and incurs a bargaining obligation, it will provide the Guild written notice of the change via memorandum hand-delivered to the Guild Mail Box located in the Office of Workforce Management. The Library’s written notice of the change will be deemed received by the Guild one (1) workday after the Library’s written notice of the change is placed in the Guild Mail Box. The Library will alert the Guild of the written notice by email or telephone. The written notice will include the following information:

1. A statement explaining the purpose of or reason for the change;
2. A description of the change (For changes to LCRs, the Library will attach a copy of the proposed LCR);
3. The projected implementation date of the change;
4. The employee(s) who may be affected by the change;
5. The name(s) of the Library’s chief negotiator and any other bargaining team member(s);
6. The suggested date, time, and location of the information session (the information session may occur no earlier than five (5) workdays from the date of the Guild’s receipt of the Library’s written notice); and
7. A statement indicating the date the first bargaining session may be held (the first bargaining session will be held no earlier than ten (10) workdays and no later than fifteen (15) workdays from the date of the suggested information session specified in the Library’s written notice of the change).

2. The Guild will confirm its attendance at the information session suggested in the Library’s written notice or offer an alternative date and time to hold the information session (via email to the Library’s chief negotiator as indicated in the Library’s written notice of the change) within two (2) workdays from the date of the Guild’s receipt of the Library’s written notice of the change. Should the Guild decide to bargain the change, the Guild will inform the Library in writing of its intent to bargain the change (via email to the Library’s chief negotiator as indicated in the Library’s written notice of the change or memorandum hand-delivered to the Office of Workforce Management) no later than ten (10) workdays after the Guild’s receipt of the Library’s written notice of the change. The Guild will provide the name(s) of the Guild’s chief negotiator and any other bargaining team member(s) in its written communication of its intent to bargain the change.

The Parties will meet to engage in mid-term bargaining no earlier than ten (10) workdays and no later than fifteen (15) workdays from the date of the suggested information session specified in the Library’s written notice of the change. The Parties may expedite mid-term bargaining, if needed, by shortening the time period to hold the first bargaining session. Negotiations will take place in such locations as mutually agreed to by the Parties. During the first bargaining session, the chief negotiators for both Parties will establish a method for exchanging proposals and a regular bargaining schedule. The Guild will present its bargaining proposal to the Library at the first bargaining session.

3. Should the Guild decide to accept the Library’s change as described in the Library’s written notice, or not inform the Library of its intent to bargain the change within ten (10) workdays after the date of the Guild’s receipt of the Library’s written notice, the Library may adopt and implement the change as described in the Library’s written notice under Section 2.A of this Article.
4. After affording the Guild notice and an opportunity to bargain as described in Sections 2.A and B of this Article, the Library may implement the proposed change upon the Parties’ mutual agreement, the Guild’s waiver of its right to bargain, or an award and order by the Federal Service Impasse Panel (FSIP) or an arbitrator.

Section 3. Guild Initiated Changes

1. Should the Guild decide to propose a change to a personnel policy, procedure, or condition of employment, it will provide the Library written notice and a bargaining proposal via email to the Director of the Office of Workforce Management and hand-deliver a paper copy of the Guild’s written notice and bargaining proposal to the Office of Workforce Management. The Guild’s written notice will identify the name(s) of the Guild’s chief negotiator, and other bargaining team member(s), if any.
2. Should the Library determine that an information session is necessary, the Parties, upon the Library’s request, will schedule an information session to be held no later than ten (10) workdays of the Library’s receipt of the Guild’s written notice of the proposed change.

The Library will inform the Guild in writing whether the Library accepts the Guild’s change as proposed, intends to bargain the proposed change, or declines to bargain the proposed change based on its assertion of non-negotiability (via email to the Guild’s chief negotiator and hand-delivery to the Guild Mail Box located in the Office of Workforce Management), no later than ten (10) workdays from the Library’s receipt of the Guild’s written notice of the proposed change. Should the Library inform the Guild of its intent to bargain, the Library will provide the name(s) of the Library’s chief negotiator, and other bargaining team member(s), if any, in its written communication.

The Parties will meet to engage in mid-term bargaining no later than twenty (20) workdays from the date of the Library’s receipt of the Guild’s written notice of the proposed change. The Parties may expedite mid-term bargaining, if needed, by shortening the time period to hold the first bargaining session. Negotiations will take place in such locations as mutually agreed to by the Parties. During the first bargaining session, the chief negotiators for both Parties will establish a method for exchanging proposals and a regular bargaining schedule. The Library will present its bargaining proposal to the Guild at the first bargaining session.

Section 4. Articles Reopened Midterm

1. Terms for reopening articles of this Agreement by either Party are covered in Article 40 (Duration of the Agreement), Sections 1 and 3 of this Agreement. Written notice requirements are covered in Article 40 (Duration of Agreement), Section 1 of this Agreement.
2. During the first bargaining session, the chief negotiators for both Parties will establish a method for exchanging proposals and a regular bargaining schedule. The Library will provide mutually acceptable facilities for negotiations and caucuses.
3. Articles Reopened by the Library: Should the Library decide to reopen an article, it will provide the Guild written notice pursuant to Article 40 (Duration of Agreement), Section 1 of this Agreement. The Library will identify the name of the Library’s chief negotiator and any other bargaining team member(s) in its written notice to reopen the article. The Parties will meet to discuss the proposed article at a mutually agreeable time and place within thirty (30) calendar days of the Guild’s receipt of the Library’s written notice. The Parties will continue to meet within the thirty (30) calendar day period, if needed. The Guild may request any additional data pursuant to 5 USC § 7114(b)(4) within the thirty (30) calendar day period after the Guild’s receipt of the Library’s written notice. Should the Guild request additional data, the Library will provide the additional data pursuant to 5 USC § 7114(b)(4) and as soon as practicable. Should a dispute arise over an information request, the Parties will resolve the dispute either through filing an unfair labor practice charges with the FLRA, or a grievance under Article 36.

The Guild will inform the Library in writing (via email to the Library’s chief negotiator identified in the Library’s written notice to reopen the article or memorandum hand-delivered to the Office of Workforce Management) of the Guild’s decision to accept the proposed article or the Guild’s intent to bargain the proposed article no later than thirty (30) calendar days of the Guild’s receipt of the Library’s written notice. Should the Guild decide to accept the proposed article or not respond within thirty (30) calendar days of the Guild’s receipt of the Library’s written notice, the Parties will submit the article for Guild ratification and Agency Head review under Section 4.F of this Article. Should the Guild decide to bargain the proposed article, it will identify the name of the Guild’s chief negotiator and any other bargaining team member(s) in its written communication, and present its counter-proposal at the first bargaining session.

4. Articles Reopened by the Guild: Should the Guild decide to reopen an article, it will provide the Library written notice pursuant to Article 40 (Duration of Agreement), Section 1 of this Agreement. The Guild will identify the name of the Guild’s chief negotiator and any other bargaining team member(s) in its written notice to reopen the article. The Parties will meet to discuss the proposed article at a mutually agreeable time and place within thirty (30) calendar days of the Library’ s receipt of the Guild’s written notice. The Parties will continue to meet within the thirty (30) calendar day period, if needed.

The Library will inform the Guild in writing (via email to the Guild’s chief negotiator identified in the Library’s written notice to reopen the article or memorandum hand-delivered to the Guild Mail Box located in the Office of Workforce Management) of the Library’s decision to accept the proposed article as proposed, to bargain the proposed article, or to decline to bargain a particular section of the proposed article based on its assertion of non-negotiability no later than thirty (30) calendar days of the Guild’s receipt of the Library’s written notice. Should the Library decide to accept the proposed article as proposed, the Parties will submit the article for Guild ratification and Agency Head Review under Section 4.F of this Article. Should the Library decide to bargain the proposed article, it will identify the name of the Library’s chief negotiator and any other bargaining team member(s) in its written communication, and present its counter-proposal at the first bargaining session.

5. Bargaining: The Parties will approach negotiations with a sincere resolve to reach agreement, and will make a good faith effort to reach agreement as expeditiously as possible and without unnecessary delay. The Parties will meet at a mutually agreeable time and place to engage in bargaining no later than sixty (60) calendar days of the receiving Party’s receipt of the proposing Party’s written notice. Sections 5, 6, and 7 of this Article will apply, except that either Party may seek assistance from FMCS under Section 7 of this Article no earlier than fifteen (15) workdays from the date of the first bargaining session.
6. Agreements reached will be written and initialed by both Parties and are subject to Guild ratification and Agency Head review within thirty (30) days from the date the agreement is reached. If the Guild has not submitted the agreement for ratification within thirty (30) days from the date the agreement is reached, the agreement will be deemed ratified. If the Agency Head has not rejected the agreement within thirty (30) days from the date agreement is reached, the agreement will be deemed approved by the Agency Head. If the agreement fails to be ratified by the Guild or is disapproved by the Agency Head, the Parties may mutually agree to resume negotiations or either Party may declare impasse.
7. Upon Guild ratification and Agency Head approval, the Parties will meet at a mutually agreeable time and location to sign and execute the agreement. The agreement will become effective and implemented upon signatures of the Parties, except as otherwise agreed to by the Parties.

Section 5. Bargaining Representatives

Guild stewards and officers who serve on Guild bargaining teams are subject to Article 6 (Guild Representation) of this Agreement. Other bargaining unit employees designated by the Guild to serve on a particular bargaining team as a bargaining team member will be authorized to use a reasonable amount of time to prepare for and participate in midterm bargaining. To account for their use of this time, other bargaining unit employees designated by the Guild as bargaining team members will specify the subject of negotiation and the amount of time used on Form 468 and submit a copy of the completed Form to their supervisor.

Section 6. Negotiability Disputes

Should the Library identify a negotiability concern, prior to formally alleging non-negotiability, the Library will offer to meet with the Guild to discuss the Library’s negotiability concern(s). Upon request by the Guild, the Library will provide the Guild a written declaration and explanation (via email to the Guild’s chief negotiator or memorandum hand-delivered to the Guild Mail Box in the Office of Workforce Management) for the basis of the Library’s position. If the dispute is not thereby resolved, the Parties will resolve the dispute in accordance with 5 USC Ch. 71 and 5 CFR part 2424. Should the Guild initiate formal appeal procedures, the Parties will continue to bargain those matters not subject to the negotiability appeal; those matters found negotiable by either the Federal Labor Relations Authority (FLRA) or, if appealed, by a court of appeals, will be negotiated pursuant to the award and order, and in accordance with this Article.

Section 7. Mediation and Arbitration.

If an agreement has not been reached after a good faith effort has been made to reach an agreement, either Party may seek mediation assistance from the Federal Mediation and Conciliation Service (FMCS) no earlier than ten (10) workdays from the date of the first bargaining session. Bargaining may continue while mediation is being scheduled, and until such time as agreement is reached or impasse declared. If mediation is unsuccessful and impasse is declared, either Party may request assistance from the Federal Service Impasses Panel (FSIP). If either Party requests assistance from FSIP and FSIP accepts jurisdiction, implementation of the change will be deferred pending a final decision by FSIP.

As an alternative, following approval by FSIP, the Parties may choose to have the impasse resolved through interest arbitration. Arbitrators will be chosen under procedures established in Article 37 (Arbitration), Section 2. The Library shall bear the cost of mid-term interest arbitration for changes it has initiated.

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(05/19/08)