Section 1.
The Library shall maintain and furnish to the Association quarterly a statement of organization of all employees in CRS, specifying the employee’s name; job title as provided for in Article 04, Section 8(D) of this Agreement; Division of CRS and the unit thereunder to which the employee is assigned; and the name of the supervisor of each employee.
Section 2.
The Library, through the Director of CRS, retains the right to reorganize as part of its reserved management rights.
Section 3.
Reorganization is defined as the elimination, addition, or redistribution of functions or duties of an organization or unit therein of the CRS.
Section 4.
Management will determine which of the following approaches to use to resolve appropriate issues resulting from a proposed reorganization:
- informal discussions with CREA;
- consultative management (in which case CREA will be advised specifically in writing and invited to participate in all consultative management meetings held in connection with the possible organizational change); or
- the statutory negotiations process.
If informal discussions or CM were selected but do not resolve the matter, management will determine whether it will use
- the expedited mediation/arbitration process, or
- the statutory negotiations process.
- Management will provide CREA with a copy of the final reorganization plan, a statement as to which negotiation process it has elected to use, and a notice of a right to request bargaining.
If management has selected the expedited mediation/arbitration process, CREA will have up to fifteen workdays to prepare written proposals before bargaining commences. Negotiations will be held for no more than ten workdays unless the Parties determine otherwise. If agreement is not reached on all items within ten workdays (unless the Parties mutually agree to a longer negotiation period) an arbitrator will be mutually selected by the parties from a previously compiled list. The duration of the mediation/arbitration sessions will not exceed five days unless otherwise agreed to by the Parties. The arbitrator shall issue an advisory opinion within ten days of the conclusion of the mediation/arbitration session.
- Management agrees to pay the arbitrators fee.
- Upon issuance of the advisory opinion, unless either Party files for FSIP assistance, the parties mutually agree to adopt the advisory opinion.
- Pending resolution of the issues by the FSIP, should either Party have filed for FSIP assistance, management may implement the advisory opinion.
- Any changes resulting from the FSIP process shall be implemented as soon as possible.
If management has selected the statutory negotiation process (whether chosen initially or after informal discussions or CM), CREA will have up to fifteen workdays to prepare written proposals before bargaining commences. Negotiations will be held for no more than ten workdays unless the Parties determine otherwise. The Parties shall bargain in good faith. If they are unable to reach agreement within ten workdays, either party may request the services of the Federal Mediation and Conciliation Service. If the FMCS mediator certifies that the Parties are at impasse, then either party may request the assistance of the Federal Service Impasses Panel. Implementation may not take place until the impasse is deemed resolved by the Panel, unless, under 5 U.S.C. 7106 (a)(2)(D), it is necessary for management to take whatever actions may be necessary to carry out the agency mission during emergencies.
Section 5.
The Library agrees to include with the formal notice to bargain the following information:
- The purpose of the reorganization.
- Jobs added, deleted, or changed as well as additions or reductions of support personnel.
- Draft plans and organizational charts and numbers of employees involved.