This agreement is entered into by and between the Centers for Disease Control and Prevention (CDC) and the National Institute of Occupational Safety and Health (NIOSH) (hereinafter referred to as the Employer) and the American Federation of Government Employees (AFGE), Local 1916 (hereinafter referred to as the Union), collectively known as the parties. The use of the term Aemployees@ throughout this contract refers to bargaining unit employees.

The parties mutually recognize that the Congress of the United States has expressed public policy concerning labor relations in the Federal government as follows:

A...the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them, safeguards the public interest, contributes to the effective conduct of public business, and facilitates and encourages the amicable settlement of disputes between employees and their employers involving conditions of employment; and the public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the government. Therefore, labor organizations and collective bargaining in the civil service are in the public interest.@ (5 U.S.C. 71)

Pursuant to this policy, the parties have agreed upon the various articles hereinafter set forth. This agreement constitutes a collective bargaining agreement between the CDC and NIOSH and the Union.

Article 2

CONTROLLING PROVISIONS

Section 1.

The Employer recognizes that the Union is the exclusive representative of all employees in the unit as defined in Section 2 of this article. The Union recognizes the responsibility of representing the interest of all employees in the bargaining unit with respect to personnel policies, practices and working conditions without discrimination and without regard to Union membership. The provisions of this agreement shall be administered and interpreted in a manner consistent with the requirement of an effective and efficient Government.

Section 2.

A. The recognized bargaining unit for which the Union is the exclusive representative, includes professional and non-professional employees employed at Bruceton and Lake Lynn, Pennsylvania.

B. Excluded are supervisors, management officials, confidential employees, and employees engaged in Federal personnel work in other than a purely clerical capacity.

C. The Employer shall designate on the SF-50, ANotification of Personnel Action@ any position excluded from the bargaining unit, and will supply a list of positions excluded from the unit upon request. Challenges of any position excluded from the bargaining unit shall be reviewed with the Employer prior to formal request for clarification.

Section 3.

A. In the administration of all matters covered by this agreement and extensions of this agreement, officials and employees are governed by existing or future laws and Government wide regulations, and by subsequently published agency policies and regulations required by law.

B. The terms of this collective bargaining agreement supersedes any past practice in these areas.

Article 3

GROUND RULES

Section 1. Purpose

To establish principles and ground rules in conformance with Title V of the Civil Service Reform Act, considered by the parties as necessary and desirable to reduce potential areas of conflict and dispute during the conduct of negotiations for a collective bargaining agreement between the parties. The parties agree that the following ground rules will be incorporated into and apply throughout the life of the basic and other agreements and to any renewal regulations following the life of this agreement. The parties recognize that each has a responsibility to consider the other=s issues and to make an honest attempt to find acceptable solutions. The parties, therefore, agree to foster an atmosphere of cooperation and mutual respect in all of their relationships and to conduct their negotiations with dignity and decorum. It is the intent of the parties that negotiating representatives of the Union and the Employer adhere to the letter and spirit in this document.

Section 2. Procedures Governing Negotiations

The negotiators designated by the parties will be governed by the following rules during the conduct of negotiations:

A. Negotiating Teams. A designee for each party will be appointed to serve as a Chief Negotiator. If either party finds it necessary to change negotiators or alternates, the Chief Negotiator for either party shall notify the other party at least one (1) day in advance of any negotiating session. Either party may designate observers for each negotiating session. Each team will consist of no more than three (3) members sitting at the table at any session. Alternate team members will be permitted to observe the process.

B. On-the-Clock Bargaining. In accordance with Title V - Federal Service Labor Management Relations, Subchapter IV, Section 7131, official time will be allotted only to CDC or NIOSH employees representing the Union at the bargaining table in the negotiating of a collective bargaining agreement, not to exceed the number of individuals representing the agency. Alternates will be permitted official time for observation.

The Employer agrees to allow a reasonable amount of official time during the course of negotiations on the basic agreement for members of the Union bargaining team to prepare and evaluate contract proposals for use in negotiating the basic agreement. The Union agrees to use this time to prepare for negotiations so that bargaining sessions can be conducted in the most productive manner possible.

The Employer agrees to provide clerical support for the duration of the negotiations on a basic agreement. This support will be used to provide typing and duplicating services. The Union agrees to use these support services judiciously, and with the intent of allowing bargaining sessions to be conducted effectively.

C. Place of Negotiating Sessions. Negotiations will be held in a mutually agreeable site, as arranged for by the Employer.

D. Issues. The party initiating negotiations on the basic agreement will submit written issues to the other party within 45 days of notifying them of their intent to open negotiations. The two parties will meet no later than 30 days from submission of the responding party submissions to begin actual negotiations. Negotiations will be limited to issues that have been submitted by both parties as of the date negotiations begin. All time frames in these ground rules may be modified by mutual consent.

E. Schedule of Negotiating Sessions. Negotiations will be conducted on days, hours, and dates mutually agreed to. Changes in the schedule may be made by mutual consent of the Union and the Employer Chief Negotiators.

F. Conduct of Negotiating Sessions. Each session will proceed as follows:

1. Unfinished business from preceding session;

2. Items on the agenda as agreed upon by the parties at the preceding session; and

3. Establishment of the agenda for the next session.

G. Rules of Order. The Chief Negotiator for each party may speak at his/her own discretion. The other negotiators may speak when recognized by their respective Chief Negotiator.

H. Minutes. No official minutes of the proceedings of the negotiating sessions shall be made. However, each party shall be allowed to prepare unofficial minutes for its own use.

I. Authority. Each party shall be represented at the negotiations at all times by one duly authorized Chief Negotiator who is prepared and authorized to discuss and negotiate on matters subject to negotiations and to sign-off on agreements for their respective party.

J. A joint communique will be published concerning the progress of negotiations. This would include the agreed upon article titles but no substantive language.

K. Interim Agreement. During negotiations, the Chief Negotiator for each party will signify agreement on each section by initialing the agreed upon selection. The Chief Negotiator for each party will retain his/her copies and initial the other party=s copy. This will not preclude the parties from reconsidering or revising any agreed upon section by mutual consent.

L. Caucuses. It is agreed that either committee requesting a caucus will be provided a suitable site by the Employer. There is no limit on the number of caucuses that may be held, but each party will make every effort to restrict the number and length of caucuses.

M. Final Agreement. The agreement shall not be completed and finalized until all proposals have been disposed of by mutual consent. The agreement will not be effective until signed by both Chief Negotiators, ratified by bargaining unit members, and approved by the appropriate officials of the Agency, as necessary. Any provisions disapproved by the Agency head review may be referred to the Federal Labor Relations Authority (FLRA) by the Union and any such provision held to be negotiable by the FLRA will be incorporated into the agreement. The parties will commence negotiations within a reasonable period after receipt of an FLRA decision.

N. Negotiability Issues. Issues as to whether a proposal is negotiable or not shall be resolved in accordance with 5 USC 7117(c).

O. Proposals. All articles will initially be negotiated using interest-based techniques. If the parties fail to come to agreement using this process, then the process will revert to the traditional method.

Both parties will submit written proposals within ten (10) working days of the decision to revert to traditional bargaining.

P. Impasses. When it has been determined by either party that a dispute cannot be resolved, the items shall be laid aside. After all negotiable items on which tentative agreement has been reached have been initialed, the parties shall once more diligently attempt to resolve any existing disputed item(s).

These two methods would be used before reaching an impasse.

1. If after such effort both parties conclude that a dispute still exists on any issue(s), a request for mediator service will be extended to the Federal Mediation and Conciliation Service or to some other mutually acceptable third party. The request will be made within ten (10) working days after the determination, extendable by mutual agreement. The cost of the services of the mediator, if any, shall be shared equally by the parties.

Article 4

EMPLOYEE RIGHTS AND RESPONSIBILITIES

Section 1. General

Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided by 5 U.S.C. 71, such right includes the right to act for a labor organization in the capacity of a representative, and the right in that capacity, to present the views of the labor organization to heads of agencies and other officials of the Executive Branch of the Government, the Congress, or other appropriate authorities, and to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under 5 U.S.C. 71.

Section 2. Fair and Equitable Treatment

All employees shall be treated fairly and equitably, and without discrimination in respects of personnel management and union activity. It is therefore agreed that the parties will endeavor to establish working conditions that will be conducive to enhancing and improving employee morale and efficiency.

Section 3. Right to Union Representation

If the employee wishes to discuss a problem or potential grievance with a union representative, the employee shall have the right to contact and meet with the union representative on duty time.

Section 4. First Amendment Rights

Employees shall have the right to present their personal views to Congress, the Executive Branch, or other authorities and to otherwise exercise their First Amendment rights without fear of penalty or reprisal.

Section 5. Personal Rights

Employees shall have the right to direct and/or fully pursue their private lives, personal welfare, and personal beliefs without interference, coercion, or discrimination by the employer, except as restricted by laws, regulations, or job responsibilities.

Section 6. Whistleblower Protection

Employees shall be protected against reprisal of any nature for the proper disclosure of information not prohibited by law, or Executive Order, which the employee reasonably believes evidences a violation of law, rule, or regulation, or evidences mismanagement, a waste of funds, an abuse of authority, or danger to public or employee health or safety.

Section 7. Unlawful Orders

Employees have the right to refuse orders that would clearly require the employee to violate the law, injure themselves or other employees.

Article 5

MANAGEMENT RIGHTS

Section 1. General

Subject to Section 2 of this article, nothing in this agreement shall affect the authority of any management official of any agency.

A. To determine the mission, budget, organization, number of employees, and internal security practices of the agency; and,

B. In accordance with applicable laws:

1. To hire, assign, direct, layoff, and retain employees in the agency or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

2. To assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

3. With respect to filling positions, to make selections for appointments from:

a. Among properly ranked and certified candidates for promotion; or,

b. Any other appropriate source; and,

4. To take whatever actions may be necessary to carry out the agency mission during emergencies.

Section 2. Communications with Bargaining Unit Employees

Consistent with 5 U.S.C. 71, management will not communicate directly with employees regarding conditions of employment in a manner that will improperly bypass the Union.

Article 6

UNION RIGHTS AND RESPONSIBILITIES

Section 1. Introduction

The Union is the exclusive representative of the employees in the unit and is responsible for representing the interests of all employees in that unit, without discrimination and without regard to labor organization membership.

Section 2. General

A. In all matters relating to personnel policies, practices, and other conditions of employment, the parties will have due regard for the obligations imposed by 5 U.S.C. 71 and this agreement.

B. Management shall not restrain, interfere with, or coerce representatives of the Union in the exercise of their rights under 5 U.S.C. 71 and this agreement.

C. The Union recognizes management=s rights under 5 U.S.C. 7106.

D. Nothing in this agreement shall be construed as abrogating the Union=s right to communicate with its membership, the public, public officials, or other parties.

Section 3. Union Representation

C. The Union will be notified and be given the opportunity to be present and to participate at any formal discussion between one or more representatives of the Employer and one or more employees in the unit or their representatives concerning any grievance, personnel policy or practice or other general condition of employment.

D. The Union will also be allowed to be present and represent an employee at any examination of an employee in the unit by a representative of the Employer in connection with an investigation, if the employee reasonably believes that the examination may result in disciplinary/adverse action against the employee and the employee requests representation.

Section 4. Information Furnished by the Employer

The Employer agrees to furnish the Union with information which they are entitled to under the provisions of 5 U.S.C. 7114(b)(4). All other requests for information by the Union will be considered in accordance with the Agreement and governing laws and regulations.

Section 5. Information Furnished by the Union

The Union will supply the designated Employer representative semiannually with a roster of the names of Union officers and designated stewards. The Union will notify the Employer of any change in the designation of officers and stewards. The roster will indicate the representative=s position in the Union, telephone extension, and the organizational group(s) of employees in the unit the stewards have been designated to represent. No employee will be recognized as a steward or Union officer unless his or her name appears on a listing which has been furnished.

Article 7

DURATION OF AGREEMENT

Section 1. Effective Date

The effective date and the anniversary date of this agreement shall be the date of approval by appropriate agency designee. This agreement will remain in full force and effect for five (5) years.

Section 2. Reopening

Either party may give written notice to the other, not more than 105 days or less than 60 days prior to the five (5)-year expiration date and each subsequent expiration date of its desire to renegotiate, amend, or modify this agreement. This agreement will remain in full force and effect during the renegotiation of this agreement and until such time as a new agreement is approved.

Section 3. Renewal

If neither party serves notice to renegotiate this agreement, the agreement shall be automatically renewed for one (1)-year periods. This agreement shall automatically terminate if it is determined under the regulations of the U.S. Federal Labor Relations Authority that the Union is no longer entitled to exclusive recognition or after such recognition has been relinquished.

Article 8

MID-TERM BARGAINING

Section 1. Purpose

E. The purpose of the article is to provide a mechanism to amend or modify the agreement using interest-based techniques at any time during the life of the contract.

F. The Employer will provide the Union with reasonable advance notice before implementing changes affecting conditions of employment or changes in personnel policies, practices, or conditions of work that will impact on unit employees. The Employer will not unilaterally implement changes in employment conditions under negotiation without first giving the Union adequate notice.

Section 2. Implementation

A. Mid-term bargaining concerns issues not currently covered by the agreement, which are agreed to be opened by mutual consent of the parties. Either party requesting mid-term bargaining will provide a rationale for their request.

B. Interests will be exchanged prior to actual negotiations. Neither party will raise additional issues during bargaining sessions.

C. Questions of negotiability will be processed in accordance with existing labor laws.

D. Following negotiations under this article, the local parties will formally document the agreement. The agreement becomes effective upon signature by the appropriate agency official.

Article 9

OFFICIAL TIME

Section 1. Purpose

For the purpose of this article, official time means time granted to Union representatives to perform representational functions while otherwise in a duty status without charge to leave or loss of pay. Union officials include elected officers, stewards, Union appointees to EPC, LPC, LMR and other representational committees. The parties recognize that reasonable time spent by Union officials in the conduct of Union-Management business contributes to the development of orderly and constructive labor-management relations. The parties recognize that there may be occasions when representational activities of Union representatives may conflict with assigned duties. When such conflicts arise, the parties agree to discuss the conflict and seek a mutually acceptable solution.

Section 2. Union Officials

The Employer agrees to recognize that Union officials designated by the president and/or vice president of the local union are appropriate users of official duty hours for Union representational activities, labor management, and partnership functions.

Section 3. Representational Activities.

Representational activities include, but are not limited to, the following:

A. Preparing and presenting grievances and unfair labor practice charges.

B. Preparing and presenting arbitration cases.

C. Consultation with Management by designated Union representatives, including exchanges of views relative to formulating, changing, or implementing personnel policies and practices and working conditions, and discussing any views, objections, or suggestions before final action is taken.

D. Union representation at joint Union-Management committees.

E. Meetings with employees with respect to any matters for which remedial relief may be sought pursuant to the terms of this Agreement

F. Partnership activities.

Section 4. Joint Meetings

Joint meetings of the parties designed to produce written assignments and such other written contracts as may be entered into to supplement or amend existing contractual arrangements between the parties will be conducted at mutually agreeable times.

Section 5. Official Time

Official duty time shall not be allowed for internal Union business.

Section 6. Uses of Official Time

G. The parties recognize the mutual benefit of Union representatives attendance at training when the purpose of the training is to provide information, briefing, or orientation relating to matters within the scope of the Statute and rules and regulations issued thereunder. This includes matters relating to pay, personnel policies, working conditions, work schedules, grievance procedure, performance rating, or agency policy, and negotiated agreements pertaining thereto. The Employer will grant a reasonable amount of official time for attendance at such training sessions.

B. Union-Sponsored Training

1. Official time may be granted to employees serving as Union representatives to attend Union-sponsored training sessions, conventions, and workshops in their capacity as representatives. The granting of official time will be determined by the Employer based upon the assessment of work demands, priorities, and whether or not the training is of mutual benefit to the parties of this agreement.

2. A written request for official time will be submitted at least two (2) weeks in advance by the Union president and/or vice president to the Collective Bargaining Official. The request will contain information as to duration, purpose, and nature of the training and how it is expected to be of mutual benefit to the Employer and the Union. The Employer may grant up to 80 hours per year total of official time for training purposes. Exceptions will be reviewed on a case-by-case basis.

3. The Employer is not responsible for any fees or expenses associated with the granting of official time for Union-sponsored training. Such obligations as hotel expenses, registration fees, travel, and per diem expenses are the complete responsibility of the employee or the Union.

Section 7. Supervisor Notification

Union officials will request, from their supervisor, the use of official time, in advance, to conduct representational activities. However, when unforeseen events occur, the Union official will notify their supervisor of this particular use of official time. The Union representative will not be required to compromise the confidentiality of the grievance, potential grievance, or other confidential Union business, relating to representational activities.

Normally, the use of official time will be approved. However, if the supervisor believes the granting of official time will negatively impact the mission, the supervisor and the Union official will seek a mutually agreeable rescheduling of the time.

Section 8.

The use of Employer-approved official time, in accordance with this agreement, will not adversely affect a Union official=s performance.

Section 9.

When an individual employee elects to represent themselves in a grievance or administrative procedure, official time will be administered in accordance with Section 7 of this article.

Section 10. Record of Official Time

The parties recognize the necessity to accurately record the amount of official time used for representational purposes. Union representatives will submit a record of their official time used at the end of each pay period when requested.

Article 10

PAYROLL ALLOTMENT FOR WITHHOLDING DUES

Section 1. Purpose

Bargaining unit employees may voluntarily authorize allotment of membership dues to the Union, through payroll deductions, subject to applicable Federal laws, and rules and regulations of the U. S. Office of Personnel Management (OPM) and the Department of Health and Human Services (HHS).

Section 2. Coverage

A. It is agreed that bargaining unit employees are eligible to voluntarily participate in the dues allotment program under the following conditions:

1. The employee is included in the Unit and is a member of the Union in good standing, as determined by the Union;

2. The employee=s earnings are regularly sufficient to cover the amount of the allotment, and the net salary for any specific payroll period is sufficient to cover dues deductions after other legal and required deductions have been made;

3. The dues cover only the regular periodic amounts required to maintain the employee as a member of the Local in good standing, exclusive of initiation fees, special assessments, back dues, fines, and similar items;

4. The allotment is made on the prescribed form and certified by the appropriate Union official.

Deductions for an allotment shall be made beginning the first complete payroll period following receipt of the signed allotment form in the appropriate payroll office.

B. Termination of Allotments - Allotments by employees shall be terminated:

1. Automatically

a. Upon loss of exclusive recognition by the Union, effective at the beginning of the first pay period after such loss of recognition;

b. Upon the separation of an employee for any reason, or movement within the Department served by another payroll office, effective at the end of the pay period during which the separation or movement occurred, provided; that in case of movement within the Department, the employee may reinstate a voluntary dues allotment with the new servicing personnel and payroll office by execution of Standard Form, 1187,ARequest and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues;@

c. When an employee is expelled or ceases to be a member of the Union in good standing, effective with the first complete pay period after receipt of written notice by the payroll office from the appropriate Union official;

d. When an employee is promoted or reassigned to a position not in the bargaining unit.

2. Voluntarily

a. An employee, at any time, may submit a revocation of his/her allotment after one (1) year=s membership. The revocation will be effective at the beginning of the first pay period after March 1 or September 1, if the allotment for dues withholding has been in effect for one (1) year. The revocation must be received in the Human Resources Management Office (HRMO) no later than March 1 or September 1 to be effective the subsequent pay period. The revocation should be made on a Standard Form 1188, ACancellation of Payroll Deductions for Labor Organization Dues,@ which will be provided to the employee by the Employer or the Union upon request for this purpose. It is the employee=s responsibility to submit his written revocation directly to the HRMO on a timely basis. The employee=s signed written request will be accepted, however, even though, not submitted on the form. The written request should contain the employee=s name, social security number, and activity or other work site designation.

Section 3. Responsibilities

A. Responsibility of the Union

1. Change in Dues. The amount of dues certified on the original allotment form will remain unchanged until the appropriate Union official certifies to the payroll office that the amount of regular dues has changed. Changes in the amount of allotments by reason of changes in the dues may not be made more frequently than once each twelve (12) months. Changes in deductions for employees shall be effective as of the first complete pay period after receipt of the certified change by the appropriate payroll office, or a later payroll period if requested by the Union;

2. Inform and educate members on the voluntary nature of the dues allotment program including conditions governing revocation of allotments;

3. Purchase and distribute to members, Standard Form 1187, ARequest and Authorization for Voluntary Allotment of Compensation for Payment of Employee Organization Dues;@

4. Furnish written notification to the servicing HRMO concerning:

a. Names and titles of Union officials authorized to certify Standard Form 1187 under this agreement;

b. Changes in the amount of membership dues; and

c. The name of any employee who has been expelled or ceases to be a member in good standing in the Union within ten (10) days after the date of such determination, or written revocations of allotments received from employees by the Union.

B. Responsibility of the Employer

1. Cooperate with Union in processing voluntary allotments of dues in conformance with this agreement;

2. Maintain adequate records on dues withholding and recovering costs to the Government for the service, under the terms of this agreement;

3. Notify the Union of employee=s revocation of allotments. Notification may be accomplished by providing the Local with a copy of Standard Form 1188, ACancellation of Payroll Deductions for Labor Organization Dues,@ or other form of revocation.

Section 4.

It is agreed that the following procedures will govern the voluntary allotment of dues:

A. Withholding of Dues. The HRMO and Payroll Offices shall arrange to withhold membership dues upon receipt of properly executed Standard Form 1187 in accordance with existing pay periods (26 biweekly periods) and procedures under which employees are regularly compensated;

B. Cost of Withholding. The services outlined in Article 10 shall be provided by the Employer without charge to the Local or members;

Section 5.

A. The Employer shall remit by check the dues withheld after each pay period for which deductions are made, payable to Treasurer, AFGE Local 1916, P.O. Box 231, South Park, PA 15129.

B. The remittance check shall be accompanied by a listing of the following information, to the extent applicable:

1. Identification of the Agency reporting office;

2. Name of each employee for whom dues deductions is made during the current pay period;

3. For each employee or group of employees, an identification of the Union and the amount of dues withheld;

4. The gross amount deducted, the amount of fees withheld for the deductions, and the net amount remitted to the Union.

Article 11

COMMUNICATIONS

Section 1. Bulletin Boards

A. The Employer will provide bulletin board space, not less than 6 square feet. The Employer will provide one bulletin board in each building with five or more bargaining unit employees.

B. The Union space will be prominently identified and will be located in areas accessible to the bargaining unit employees, where feasible, adjacent to or close to existing management and safety boards. All Union boards will be posted for AUnion Use Only.@ All postings will be marked AUnion Notices@ and only the designated union bulletin boards will be used for such postings. All postings on the board must be authorized by the Union; the Union will maintain the board in an orderly fashion.

Section 2. Distribution of Union Publications and Communications

A. Official publications of the Union may be distributed on Government property by Union Representatives. Official time shall not be used for these purposes.

B. The internal mail system may be used for distribution of Union mail.

C. The Employer=s electronic mail system may be used by the Union to distribute general announcements and for routine communication purposes.

Section 3. Copies of Agreement

A. The Employer will provide, at no cost, copies of this agreement, printed in type that can be easily read, to each and every employee. This distribution will be made as soon as possible after the effective date of the contract. A copy of the agreement will be posted in Agency electronic media.

B. The Employer will also provide the Union with 25 additional copies for internal Union use.

Section 4. Telephone Communications

The Employer will make its telephones and fax machines available to the Union for representational activities.

Section 5. Use of Stamping Privileges

Consistent with postal regulations, the Union shall have the use of the Employer=s stamping system for representational communications.

Section 6. Employee Mail

Employees will be permitted privacy of their mail and it will be treated confidentially, unless requested otherwise in writing by the employee.

Article 12

USE OF OFFICIAL FACILITIES

Section 1. Office Space

The Employer agrees to provide the Union with office space to be designated by the Employer, subject to the following considerations:

A. The Union accepts the office space with the understanding that its continued use is dependent on program needs. If the space provided is to be discontinued, the Employer will provide as much advance notice to the Union as possible under the circumstances. In these circumstances, the Employer will attempt to identify alternate space.

B. The Employer agrees to consider requests for equipment for use in the Union offices. The Union agrees to be responsible for the care and maintenance of any equipment provided.

C. The Employer agrees to provide telephone service in the Union office. The Union agrees not to abuse this privilege and such use will be for the purpose of official representational business, and not for personal calls or internal union business.

D. The Employer agrees to furnish services such as internal mail, photocopy use, computers, fax machines, transportation, and other services necessary to conduct official Union business and training.

E. The Employer will, on an as needed basis, provide conference rooms, as available, for discussions between employees and Union officials. The Employer will also provide suitable space for regular Union meetings.

Article 13

PARTNERSHIP

Section 1. Purpose

A. Partnership involves the design, implementation, and maintenance of a cooperative working relationship between the parties through pre-decisional involvement in order to achieve common goals. The Union and the Employer leadership must be committed to the principles upon which Partnership is based in order for this effort to be successful.

B. All partnerships will use consensus decisionmaking and will consist of equal numbers of Union and Management members. Top Management and Union leaders should fully participate in the activities of Partnership, preferably as members of the Partnership Council.

Section 2. Principles

H. The parties shall be committed to work at all appropriate levels to establish and improve effective Partnerships which are designed to ensure a quality work environment for employees, more efficient administration of agency programs, and improved service to customers.

I. The parties agree that they are bound by existing and future laws, statutes, government-wide regulations, Executive Orders, Memoranda of Agreement, and agency-wide regulations that are not in conflict with the terms of this agreement.

J. The principles which guide this effort include:

1. Pre-decisional involvement,

2. Shared responsibility,

3. Identification of problems,

4. Sharing of information,

5. Finding solutions,

6. Reaching joint agreements and making joint recommendations,

7. Use of alternate dispute resolution, interest-based, problem-solving techniques, and facilitation,

8. Integration of interests,

9. The parties working together on committees address issue of mutual interest. The Union will have the right to select its representative for such committees and work groups,

10. Cooperation,

11. Mutual respect,

12. Open communication,

13. Trust,

14. Minimizing or eliminating collective bargaining disputes, and

15. Publicizing partnership successes at all levels.

Section 3. Scope

The scope of partnership will include issues raised by either party regarding:

C. Matters involving personnel policies, practices, and working conditions.

D. By mutual consent, the parties may fulfill the collective bargaining obligation through Partnership.

Section 4. Duty Status

While participating in Partnership activities, all bargaining unit members will be considered on normal duty status. In the event these activities are conducted beyond normal duty hours, members will be compensated in accordance with applicable law.

Article 14

LABOR-MANAGEMENT RELATIONS COMMITTEE

Section 1.

The parties agree to establish a Joint Labor-Management Relations Committee to promote effective communication, coordination, and implementation of personnel policies, practices, and/or matters affecting general working conditions or other issues of concern to both parties. The committee may facilitate the resolution of issues which arise from different practices and interpretation of policy. The Parties agree to approach these meetings with the intent of productively identifying and resolving issues.

Section 2. Membership

The Committee shall consist of a maximum of four (4) Union members appointed by the Union President and/or Vice President, and four (4) management members appointed by the Collective Bargaining Official as his/her representative. Additional people may attend meetings as jointly agreed to, when necessary to effectively resolve issues under discussion.

Section 3. Problem Solving

Problems may be submitted to the Committee by either the party. A joint problem-solving process will be used whenever possible to reach the most equitable solution by consensus. Subcommittees may be established to investigate problems when needed, and they will report back to the full committee with their finding.

Section 4.

The Union representatives will be on official time for all Labor-Management Committee meetings.

Article 15

EQUAL EMPLOYMENT OPPORTUNITY

Section 1. General

The parties agree to cooperate in providing equal opportunity for all persons to prohibit discrimination because of age, sex, race, religion, color, national origin, or disability, and to promote the full realization of equal employment opportunity through a positive and continuing effort.

Section 2. Exchange of Information

The parties agree to advise each other of outstanding equal opportunity issues and to seek solutions. This does not refer to individual complaints.

Section 3. EEO Committee

A. The Union will be provided the opportunity to have a representative on the EEO committee.

B. The functions of this committee shall include recommendation of necessary changes in new or revised AEP plans; review of the effectiveness of applicable AEP plans and Affirmative Action programs; and recommendation of actions to remedy shortcomings in existing AEP plans and programs.

Section 4. EEO Counselors

A. When EEO counselors are appointed they will be selected from a list of nominees, which shall include names of individuals nominated by the Union.

B. EEO counselors may not be Union Stewards or Officers and may not be supervisors or management officials.

Section 5. EEO Complaint Resolution

The Union shall be notified of all proposed remedial or corrective actions that impact conditions of employment for bargaining unit employees.