Common use of Impact and Implementation Bargaining Clause in Contracts

Impact and Implementation Bargaining. The Parties recognize that frequent changes to existing conditions of employment not covered in this Agreement may be disruptive to morale and productivity; however, the Parties also recognize that changes must be made and new guidance issued in order to improve personnel management, employee morale and services, and meet mission requirements. In the event that the Agency exercises its rights under 5 U.S.C 7106(a), the following rules shall apply: a. The Association President will be notified in writing of the planned change(s) and will sign acknowledgement of receipt. The acknowledgment date will be the starting date for counting all future time requirements under this Article. b. If requested, the Association and the Agency will discuss the details of the Agency’s planned change(s). c. The Association will have twelve (12) calendar days to respond to the DDESS-PR Superintendent concerning its desire to negotiate. Within twenty-five (25) calendar days after the Association’s receipt of the Agency’s written notice, the Association will provide any written proposal(s) to the planned change(s). d. Bargaining sessions will normally commence at a reasonable time after receipt of the Association’s proposal(s) during the normal business day and at a place convenient to the Agency and the Association. e. If, after proper notification of planned change(s), the Association fails to respond with written negotiable proposal(s) during the time frames listed above, the Agency may implement its planned change(s). f. The Parties agree that each party shall have no more than four (4) representatives present at any session conducted for such bargaining. g. The Parties further agree that planned changes in conditions of employment subject to collective bargaining under Chapter 71 of title 5, United States Code, shall normally not be implemented until and unless good faith negotiations have been concluded. However, the parties may mutually agree to allow planned changes to be implemented while bargaining proceeds, and then implement any agreed upon terms retroactively. Additionally, the Agency reserves the right to implement a change pending the outcome of negotiations if such implementation is required by law, or required for the necessary functioning of the Agency as defined by the FLRA. h. The Parties further agree that the terms and conditions of employment in existence during School Year 2010-2011 will be the basis on which to determine in the future if a change has occurred or is being proposed by the Agency. However, the Parties agree that normally a change in conditions of employment does not include the equitable and reasonable assignment of duties and responsibilities typically and customarily associated with the DDESS-Puerto Rico position to which assigned, or to the assignment of other duties in emergency situations (when such emergency is declared by the DDESS-Puerto Rico Superintendent, Assistant Superintendent, or designee). Such duties may, for example, include: supervision of students (bus duty; pre-and post-instruction periods; cafeteria, playground, field day, and other out-of- class activities); tutoring and/or remedial assistance which does not require independent planning; committee meetings and associated work performed within the regular duty day; and other similar assignments. Assignments (other than those of an emergency nature) made in an inequitable and/or unreasonable manner may be grieved in accordance with Article 30. The Parties further recognize that changes to the manner in which duties are assigned may constitute a change in conditions of employment which would create an obligation for notice and subsequent I & I bargaining. Even if the manner in which duties are assigned does not constitute a change requiring formal notice and impact and implementation bargaining, the Agency is committed to a dialogue with and consideration of Association input. i. Any dispute which arises during impact and implementation bargaining over whether management has an obligation to negotiate over the substance of a union proposal shall be resolved through the negotiability appeal procedures of the Federal Labor Relations Authority. Disputes which arise over whether there has been a change in conditions of employment which would require management to enter into impact and implementation bargaining shall be resolved through either the parties’ negotiated grievance procedure or through the unfair labor practice procedures of the Federal Labor Relations Authority. If the parties cannot voluntarily reach an agreement during impact and implementation bargaining, they shall seek the assistance of the Federal Mediation and Conciliation Service. If the Federal mediator is unsuccessful in assisting the parties in reaching an agreement, either party may request that the Federal Service Impasses Panel resolve the impasse.

Impact and Implementation Bargaining. Section 1 Impact and Implementation bargaining shall be conducted within the terms of this article. The Parties recognize that frequent Office and the Union shall follow the below listed procedures prior to implementing any changes to existing in conditions of employment not covered employment, for which there is a bargaining obligation. The Office shall make its proposal(s) in this Agreement may be disruptive to morale writing, include the reasons for the action and productivity; howevercopies of relevant statutes, the Parties also recognize that changes must be made regulations and new guidance issued in order to improve personnel management, employee morale and services, and meet mission requirementsother relevant supporting materials. In the event that the Agency exercises its rights under 5 U.S.C 7106(a)of an emergency or overriding exigency, the following rules Office reserves the right to make changes in the conditions of employment without regard to the provisions of this article. The provisions of this article will not apply to requests for or the conduct of joint labor team negotiations. A. The Office shall apply: a. The Association President will be notified notify the Union in writing of any changes in conditions of employment, for which there is a bargaining obligation, on the planned change(sfollowing dates of each year: February 15, May 15, August 15, and November 15. Changes regarding performance appraisal may be proposed at any time. B. Within one week thereafter, the parties shall meet to explain and clarify the Office's proposal(s) and will sign acknowledgement of receipt. The acknowledgment date will be answer questions regarding the starting date for counting all future time requirements under this Article. b. If requested, the Association and the Agency will discuss the details of the Agency’s planned change(sproposal(s). c. C. The Association will Union shall submit its counter proposal(s) within 2 weeks of the clarification meeting in Section 2B above. D. Negotiations shall commence as soon as practical (normally within one week). Section 3 Unless the parties agree otherwise, the ground rules for Impact and Implementation negotiations shall be as follows: A. The Union shall have the right to the same number of representatives as the Office, but not less than two representatives. B. Negotiations shall take place Tuesday through Thursday during the hours of 9:30 a. m. to 4:00 p.m. For comprehensive changes involving performance appraisals, signatory authority or automation, negotiations shall be extended to four (4) days a week. Negotiations (including caucuses) of at least two hours are counted as one-half day and negotiations (including caucuses) of at least four hours are counted as one full day for purposes of constructive impasse. C. The parties shall negotiate up to one (1) week or three (3) days if negotiating a RIF, up to four (4) weeks or twelve (12) calendar days to respond to the DDESS-PR Superintendent concerning its desire to negotiate. Within twenty-five (25) calendar days after the Association’s receipt of the Agency’s written notice, the Association will provide any written proposal(s) to the planned change(s). d. Bargaining sessions will normally commence at a reasonable time after receipt of the Association’s proposal(s) during the normal business day if negotiating changes in working conditions and at a place convenient to the Agency and the Association. e. If, after proper notification of planned change(s), the Association fails to respond with written negotiable proposal(s) during the time frames listed above, the Agency may implement its planned change(s). f. The Parties agree that each party shall have no more than four (4) representatives present at any session conducted for such bargaining. g. The Parties further agree that planned weeks or sixteen (16) days if negotiating comprehensive changes in working conditions involving performance appraisal, signatory authority or automation. For every change in working conditions over three (3) the parties shall negotiate one (1) additional week, not to exceed four (4) additional weeks. Constructive impasse will be deemed to have occurred at the end of employment subject to collective bargaining under Chapter 71 of title 5, United States Code, shall normally not be implemented until and unless good faith negotiations have been concludedsuch time periods. However, either party or both parties may declare an impasse prior to conclusion of the negotiation periods specified in this section. The parties may also agree to extend negotiations. D. If impasse occurs, either constructively or in fact, the parties may mutually agree to allow planned changes to be implemented while bargaining proceeds, and then implement any agreed upon terms retroactively. Additionally, the Agency reserves the right to implement a change pending the outcome of negotiations if such implementation is required by law, or required for the necessary functioning of the Agency as defined by the FLRA. h. The Parties further agree that the terms and conditions of employment in existence during School Year 2010-2011 will be the basis on which to determine in the future if a change has occurred or is being proposed by the Agency. However, the Parties agree that normally a change in conditions of employment does not include the equitable and reasonable assignment of duties and responsibilities typically and customarily associated with the DDESS-Puerto Rico position to which assigned, or to the assignment of other duties in emergency situations (when such emergency is declared by the DDESS-Puerto Rico Superintendent, Assistant Superintendent, or designee). Such duties may, for example, include: supervision of students (bus duty; pre-and post-instruction periods; cafeteria, playground, field day, and other out-of- class activities); tutoring and/or remedial assistance which does not require independent planning; committee meetings and associated work performed within the regular duty day; and other similar assignments. Assignments (other than those of an emergency nature) made in an inequitable and/or unreasonable manner may be grieved in accordance with Article 30. The Parties further recognize that changes to the manner in which duties are assigned may constitute a change in conditions of employment which would create an obligation for notice and subsequent I & I bargaining. Even if the manner in which duties are assigned does not constitute a change requiring formal notice and impact and implementation bargaining, the Agency is committed to a dialogue with and consideration of Association input. i. Any dispute which arises during impact and implementation bargaining over whether management has an obligation to negotiate over the substance of a union proposal shall be resolved through the negotiability appeal procedures of the Federal Labor Relations Authority. Disputes which arise over whether there has been a change in conditions of employment which would require management to enter into impact and implementation bargaining shall be resolved through either the parties’ negotiated grievance procedure or through the unfair labor practice procedures of the Federal Labor Relations Authority. If the parties cannot voluntarily reach an agreement during impact and implementation bargaining, they shall seek request the assistance of the Federal Mediation and Conciliation Service. Service and shall meet with a mediator within one week of reaching impasse. E. If mediation fails to resolve the impasse between the parties, the parties will seek the services of the Federal mediator is unsuccessful in assisting the parties in reaching an agreement, either party may request that the Federal Service Services Impasses Panel resolve and agree to follow the impasseprocedures of the FSIP. Section 4 Any negotiated agreements will take the form of a Memorandum of Understanding (MOU). The Office shall reproduce all MOU's and distribute to all current employees along with any Office memoranda that pertain to the MOU. Such documents shall be distributed to all new employees along with copies of the basic Agreement in accordance with Article 20, Reproduction and Distribution. Section 5 Subjects covered by the collective bargaining Agreement shall not be the subject of proposals under this article. Section 6 Pursuant to 5 USC 7114(c) all agreements shall be subject to agency head review.

Impact and Implementation Bargaining. Section 1 Impact and Implementation bargaining shall be conducted within the terms of this article. The Parties recognize that frequent Office and the Union shall follow the below listed procedures prior to implementing any changes to existing in conditions of employment not covered employment, for which there is a bargaining obligation. The Office shall make its proposal(s) in this Agreement may be disruptive to morale writing, include the reasons for the action and productivity; howevercopies of relevant statutes, the Parties also recognize that changes must be made regulations and new guidance issued in order to improve personnel management, employee morale and services, and meet mission requirementsother relevant supporting materials. In the event that the Agency exercises its rights under 5 U.S.C 7106(a)of an emergency or overriding exigency, the following rules Office reserves the right to make changes in the conditions of employment without regard to the provisions of this article. The provisions of this article will not apply to requests for or the conduct of joint labor term negotiations. A. The Office shall apply: a. The Association President will be notified notify the Union in writing of any changes in conditions of employment, for which there is a bargaining obligation, on the planned change(sfollowing dates of each year: February 15, May 15, August 15, and November 15. Changes regarding performance appraisal may be proposed at any time. B. Within one week thereafter, the parties shall meet to explain and clarify the Office's proposal(s) and will sign acknowledgement of receipt. The acknowledgment date will be answer questions regarding the starting date for counting all future time requirements under this Article. b. If requested, the Association and the Agency will discuss the details of the Agency’s planned change(sproposal(s). c. C. The Association will Union shall submit its counter proposal(s) within 2 weeks of the clarification meeting in Section 2B above. ▇. ▇▇▇▇▇▇▇▇▇▇▇▇ shall commence as soon as practical (normally within one week). Section 3 Unless the parties agree otherwise, the ground rules for Impact and Implementation negotiations shall be as follows: A. The Union shall have the right to the same number of representatives as the Office, but not less than two representatives. B. Negotiations shall take place Tuesday through Thursday during the hours of 9:30 a. m. to 4:00 p.m. For comprehensive changes involving performance appraisals, signatory authority or automation, negotiations shall be extended to four (4) days a week. Negotiations (including caucuses) of at least two hours are counted as one-half day and negotiations (including caucuses) of at least four hours are counted as one full day for purposes of constructive impasse. C. The parties shall negotiate up to one (1) week or three (3) days if negotiating a RIF, up to four (4) weeks or twelve (12) calendar days to respond to the DDESS-PR Superintendent concerning its desire to negotiate. Within twenty-five (25) calendar days after the Association’s receipt of the Agency’s written notice, the Association will provide any written proposal(s) to the planned change(s). d. Bargaining sessions will normally commence at a reasonable time after receipt of the Association’s proposal(s) during the normal business day if negotiating changes in working conditions and at a place convenient to the Agency and the Association. e. If, after proper notification of planned change(s), the Association fails to respond with written negotiable proposal(s) during the time frames listed above, the Agency may implement its planned change(s). f. The Parties agree that each party shall have no more than four (4) representatives present at any session conducted for such bargaining. g. The Parties further agree that planned weeks or sixteen (16) days if negotiating comprehensive changes in working conditions involving performance appraisal, signatory authority or automation. For every change in working conditions over three (3) the parties shall negotiate one (1) additional week, not to exceed four (4) additional weeks. Constructive impasse will be deemed to have occurred at the end of employment subject to collective bargaining under Chapter 71 of title 5, United States Code, shall normally not be implemented until and unless good faith negotiations have been concludedsuch time periods. However, either party or both parties may declare an impasse prior to conclusion of the negotiation periods specified in this section. The parties may also agree to extend negotiations. D. If impasse occurs, either constructively or in fact, the parties may mutually agree to allow planned changes to be implemented while bargaining proceeds, and then implement any agreed upon terms retroactively. Additionally, the Agency reserves the right to implement a change pending the outcome of negotiations if such implementation is required by law, or required for the necessary functioning of the Agency as defined by the FLRA. h. The Parties further agree that the terms and conditions of employment in existence during School Year 2010-2011 will be the basis on which to determine in the future if a change has occurred or is being proposed by the Agency. However, the Parties agree that normally a change in conditions of employment does not include the equitable and reasonable assignment of duties and responsibilities typically and customarily associated with the DDESS-Puerto Rico position to which assigned, or to the assignment of other duties in emergency situations (when such emergency is declared by the DDESS-Puerto Rico Superintendent, Assistant Superintendent, or designee). Such duties may, for example, include: supervision of students (bus duty; pre-and post-instruction periods; cafeteria, playground, field day, and other out-of- class activities); tutoring and/or remedial assistance which does not require independent planning; committee meetings and associated work performed within the regular duty day; and other similar assignments. Assignments (other than those of an emergency nature) made in an inequitable and/or unreasonable manner may be grieved in accordance with Article 30. The Parties further recognize that changes to the manner in which duties are assigned may constitute a change in conditions of employment which would create an obligation for notice and subsequent I & I bargaining. Even if the manner in which duties are assigned does not constitute a change requiring formal notice and impact and implementation bargaining, the Agency is committed to a dialogue with and consideration of Association input. i. Any dispute which arises during impact and implementation bargaining over whether management has an obligation to negotiate over the substance of a union proposal shall be resolved through the negotiability appeal procedures of the Federal Labor Relations Authority. Disputes which arise over whether there has been a change in conditions of employment which would require management to enter into impact and implementation bargaining shall be resolved through either the parties’ negotiated grievance procedure or through the unfair labor practice procedures of the Federal Labor Relations Authority. If the parties cannot voluntarily reach an agreement during impact and implementation bargaining, they shall seek request the assistance of the Federal Mediation and Conciliation Service. Service and shall meet with a mediator within one week of reaching impasse. E. If mediation fails to resolve the impasse between the parties, the parties will seek the services of the Federal mediator is unsuccessful in assisting the parties in reaching an agreement, either party may request that the Federal Service Services Impasses Panel resolve and agree to follow the impasseprocedures of the FSIP. Section 4 Any negotiated agreements will take the form of a Memorandum of Understanding (MOU). The Office shall reproduce all MOU's and distribute to all current employees along with any Office memoranda that pertain to the MOU. Such documents shall be distributed to all new employees along with copies of the basic Agreement in accordance with Article 20, Reproduction and Distribution. Section 5 Subjects covered by the collective bargaining Agreement shall not be the subject of proposals under this article. Section 6 Pursuant to 5 USC 7114(c) all agreements shall be subject to agency head review. In the event the Employer disapproves an executed impact and implementation agreement reached between the parties, the Union shall have the option of renegotiating such agreement.