ARTICLE 13: BARGAINING

Official CBA pages 33-41

Official CBA Page 33

ARTICLE 13: BARGAINING

A. PURPOSE:

1. This Article addresses the procedures for local level bargaining, as well as impact and

implementation bargaining at the national level.

2. The Parties understand that they can engage in local level bargaining as well as impact and

implementation bargaining at the national level as set forth in the Determination on

Transportation Security Officers and Collective Bargaining (Determination).

3. The Parties agree that the Articles contained in this Agreement constitute the entire

Agreement. The Agreement may only be changed upon mutual written consent of the

Parties.

B. TIME LIMITS: If any of the time periods set forth in this Article ends on a Federal holiday

or Saturday, or Sunday, the time period will be extended to the following day that is not a

Saturday, Sunday, or Federal holiday. All time limits provided in this Article may be extended

by written agreement of the Parties.

C. LOCAL LEVEL BARGAINING:

1. The Parties understand that they are permitted to engage in bargaining at a local level no

lower than a Federal Security Director’s area of responsibility on the following issues as

set forth in the Determination and this Agreement:

a. access to TSA-controlled space for union representational activities;

b. lighting;

c. parking facilities and shuttle service;

d. break space for bargaining unit employees’ use; and

e. lockers.

2. Procedures for Local Level Bargaining:

a. No later than sixty (60) days after the effective date of Section C of this Article, TSA

will provide in writing to the AFGE Council 100 President or designee a list of the

Federal Security Directors, their emails, and their respective areas of responsibility.

b. Local Level Bargaining Invocation: No later than two years after the effective date of

this Agreement, the Union will submit by email to the Federal Security Director or

designee and Director of Labor Relations or designee the Union’s intent to bargain on

a local level (hereafter “bargaining invocation”). In the Union’s bargaining invocation,

the Union also will identify its designated representative(s) for local level bargaining.

c. Introductory Meeting: Following receipt of the bargaining invocation in Section C.2.b,

the Parties will schedule an introductory meeting to discuss: (1) which topics the Union

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wishes to bargain locally consistent with the Determination and this Agreement; and

(2) when the Parties will begin local level bargaining, which will generally occur within

ninety (90) days of the introductory meeting.

d. Local Level Bargaining:

i. Ground Rules for Local Level Bargaining:

a) The Chief Negotiator of each bargaining team will have full authority to speak

for their principal and enter into a binding agreement.

b) The Chief Negotiators will establish the schedule for negotiations.

c) The Parties will work toward resolution in a timely manner and will avoid

unnecessary delays. If a break in negotiations is necessary, the Parties will agree

on a time and date to resume bargaining prior to any recess, whenever

practicable.

d) Each bargaining team will consist of up to four (4) bargaining team members,

to include the Chief Negotiator, unless the Chief Negotiators agree in writing

to add to or subtract from the number of members each bargaining team will

have. Each Party may replace a member(s) of its team at any time, with advance

written notification provided to the Chief Negotiator of the other Party. Each

bargaining team may also have a note taker.

e) Each Party will inform the other of the names of its bargaining team members

at least seven (7) calendar days before the start of any negotiations. Each Party

may replace a member(s) of its bargaining team at any time, provided that

notification of such replacement shall normally be given at least two (2)

calendar days prior to the first meeting that the replacement member will be

attending.

f) Generally, bargaining will take place virtually, unless the Chief Negotiators

agree in writing to bargain in person. Where (1) bargaining over a particular

topic is expected to be complex or last a significant period of time (e.g., more

than one week), or (2) a majority of bargaining team members are already

located in the same commuting area, the Parties agree that in-person bargaining

may be more appropriate.

i) Sessions that include bargaining team members appearing in person generally

will take place at a no-cost facility in close proximity to the hub of the FSD’s

area of responsibility unless the Parties agree otherwise in writing.

ii) A virtual option will always be available for bargaining team members who

cannot appear in person for sessions that otherwise may be held in person.

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g) The Union will be entitled to have up to four (4) bargaining unit negotiators

present on official time during negotiations, including caucuses, on designated

bargaining days, unless the Chief Negotiators agree in writing to more than four

(4) bargaining unit negotiators consistent with Section C.2.d.i.d above.

i) Those up to four (4) bargaining unit negotiators (unless the Chief Negotiators

have agreed in writing to more) will also be permitted to use a reasonable

amount of official time for travel to and from bargaining sessions (when

appearing in person), to the extent such bargaining unit employees would

otherwise be in a paid duty status.

ii) TSA will adjust the work schedules as needed of the up to four (4) bargaining

unit negotiators (unless the Chief Negotiators have agreed in writing to more)

to place them in a duty status during regular negotiation hours and for time

spent in travel to and from the scheduled bargaining sessions (when appearing

in person).

h) The Parties will exchange written proposals. Proposals will be identified as

either Union or Agency proposals and include the date exchanged. The Parties

may also engage in Interest-Based Bargaining at any time, during which the

Parties will continue to exchange written proposals.

i) Each Party will be responsible for maintaining its own records of the

negotiations. There will be no audio or visual taping of sessions or verbatim

transcripts of the sessions. Notes may be taken by members of the respective

bargaining teams and/or their designated note taker.

3. Agreements reached in local level bargaining will not include any terms that conflict with

this Agreement.

4. This Section will be in effect one hundred and twenty (120) days after the effective date of

this Agreement. The purpose of this time frame is to give both Parties sufficient time to

prepare for and train on local level bargaining procedures.

D. IMPACT AND IMPLEMENTATION BARGAINING AT THE NATIONAL LEVEL:

1. This Section addresses the process the Agency and the Union will use when, at the national

level, engaging in bargaining that is commonly referred to as “impact and implementation

bargaining”.

2. The Parties recognize the Agency’s critical work as an agile security agency. When any

impact and implementation bargaining for security-related matters (as solely determined

by the Agency) (e.g., certain changes to Standard Operating Procedures (SOPs);

implementation of security equipment) and/or matters involving any action the Agency

deems necessary to carry out the Agency’s mission during emergencies is required, the

Parties will use post-implementation bargaining exclusively.

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3. Bargaining Procedures for Non-Security Related and Non-Emergency Related Matters:

a. Notice of Change:

i. The Agency shall notify the Council President or designee, by email, of its proposed

change or implementation of a change that may affect personnel policies, practices,

and/or working conditions of bargaining unit employees at the national level

(hereafter “Notice”).

ii. The Notice will, at a minimum, contain: (1) a description of the proposed change;

(2) the proposed implementation date; and (3) citation to the section(s) of current

Agency policy impacted (if applicable).

b. Request to Bargain:

i. Within fifteen (15) calendar days of the date of the Notice, the Union will submit

its intent to bargain (hereafter “bargaining invocation”), by email, to the Director

of Labor Relations or designee. In the Union’s bargaining invocation, the Union

also will identify its designated representative and may request that the Agency

provide a briefing.

ii. If the Union’s bargaining invocation does not request a briefing, the Union will

submit its written proposals within fifteen (15) calendar days of the bargaining

invocation date. The Union will submit its written proposals to the Director of

Labor Relations or designee.

iii. If the Union’s bargaining invocation requests a briefing:

a) The briefing must take place within five (5) days of the date of the bargaining

invocation unless otherwise agreed to in writing by the Parties.

b) The Union will submit its written proposals within fifteen (15) calendar days of

the date of the briefing. The Union will submit its written proposals to the

Director of Labor Relations or designee.

c. Impact and Implementation Bargaining:

i. If the Parties have not otherwise reached agreement, the Parties will meet,

consistent with Section D.3.c.iii below, to commence negotiations within ten (10)

calendar days of the receipt of the Union’s written proposals.

ii. Once commenced, negotiations will continue until either agreement is reached or

impasse is declared.

iii. Ground Rules for Impact and Implementation Bargaining:

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a) The Chief Negotiator of each bargaining team will have full authority to speak

for their principal and enter into a binding agreement.

b) Subject to Section D.3.c.i, the Chief Negotiators will establish the starting date

and time, as well as schedule for negotiations.

c) The Parties will work toward resolution in a timely manner and will avoid

unnecessary delays. If a break in negotiations is necessary, the Parties will agree

on a time and date to resume bargaining prior to any recess, whenever

practicable.

d) Each bargaining team will consist of up to four (4) bargaining team members,

to include the Chief Negotiator, unless the Chief Negotiators agree in writing

to add to or subtract from the number of members each bargaining team will

have. Each Party may replace a member(s) of its team at any time, with advance

written notification provided to the Chief Negotiator of the other Party. Each

bargaining team may also have a note taker.

e) Each Party will inform the other of the names of its bargaining team members

at least three (3) calendar days before the start of any negotiations.

f) Generally, bargaining will take place virtually, unless the Chief Negotiators

agree in writing to bargain in person. Where bargaining over a particular change

is expected to be complex or last a significant period of time (e.g., more than

one week), the Parties agree that in-person bargaining may be more appropriate.

i) Sessions that include bargaining team members appearing in person will

alternate between TSA Headquarters (6595 Springfield Center Dr.,

Springfield, Virginia 22150) and AFGE Headquarters (80 F St. NW,

Washington, DC 20001) or at another no-cost facility as agreed to by the

Parties.

ii) A virtual option will always be available for bargaining team members who

cannot appear in person for sessions that otherwise may be held in person.

g) The Union will be entitled to have up to four (4) bargaining unit negotiators

present on official time during negotiations, including caucuses, on designated

bargaining days, unless the Chief Negotiators agree in writing to more than four

(4) bargaining unit negotiators consistent with Section D.3.c.iii.d above.

i) Those up to four (4) bargaining unit negotiators (unless the Chief

Negotiators have agreed in writing to more) will also be permitted to use a

reasonable amount of official time for travel to and from bargaining sessions

(when appearing in person), to the extent such bargaining unit employees

would otherwise be in a paid duty status.

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ii) TSA will adjust the work schedules as needed of the up to four (4)

bargaining unit negotiators (unless the Chief Negotiators have agreed in

writing to more) to place them in a duty status during regular negotiation

hours and for time spent in travel to and from the scheduled bargaining

sessions (when appearing in person).

h) The Agency will pay the travel and per diem costs (in accordance with Federal

Travel Regulations and applicable law) of up to four (4) bargaining unit

negotiators for in-person bargaining, unless the Chief Negotiators agree in

writing that the Agency will pay the travel and per diem costs of more than four

(4) bargaining unit negotiators.

i) Should the Parties reach impasse, the Agency will pay the travel and per diem

expenses for up to four (4) bargaining unit negotiators to attend in-person

mediation and impasse resolution proceedings unless the Chief Negotiators

agree in writing that the Agency will pay the travel and per diem costs of more

than four (4) bargaining unit negotiators.

j) The Parties will exchange written proposals. Proposals will be identified as

either Union or Agency proposals and include the date exchanged. The Parties

may also engage in Interest-Based Bargaining at any time, during which the

Parties will continue to exchange written proposals.

k) Each Party will be responsible for maintaining its own records of the

negotiations. There will be no audio or visual taping of sessions or verbatim

transcripts of the sessions. Notes may be taken by members of the respective

bargaining teams and/or their designated note taker.

4. Post Implementation Bargaining Procedures for Security-Related and Emergency-Related

Matters:

a. Notice of Change:

i. The Agency shall notify the Council President or designee, by email, of its

implementation of a security-related and/or emergency-related matter that may

affect personnel policies, practices, and/or working conditions of bargaining unit

employees at the national level (hereafter “Notice”).

ii. The Notice will, at a minimum, contain: (1) the change and the implementation

date; and (2) citation to the section(s) of current Agency policy impacted (if

applicable).

b. Request to Bargain:

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i. Within fifteen (15) calendar days of the date of the Notice, the Union will submit

its intent to bargain (hereafter “bargaining invocation”), by email, to the Director

of Labor Relations or designee. In the Union’s bargaining invocation, the Union

also will identify its designated representative and may request that the Agency

provide a briefing.

ii. If the Union’s bargaining invocation does not request a briefing, the Union will

submit its written proposals within fifteen (15) calendar days of the bargaining

invocation date. The Union will submit its written proposals to the Director of

Labor Relations or designee.

iii. If the Union’s bargaining invocation requests a briefing:

a) The briefing must take place within five (5) days of the date of the bargaining

invocation unless otherwise agreed to in writing by the Parties.

b) The Union will submit its written proposals within fifteen (15) calendar days of

the date of the briefing. The Union will submit its written proposals to the

Director of Labor Relations or designee.

c. Impact and Implementation Bargaining:

i. If the Parties have not otherwise reached agreement, the Parties will meet,

consistent with Section D.4.c.iii below, to commence negotiations within ten (10)

calendar days of the receipt of the Union’s written proposals.

ii. Once commenced, negotiations will continue until either agreement is reached or

impasse is declared.

iii. Ground Rules for Post-Implementation Bargaining:

a) The Chief Negotiator of each bargaining team will have full authority to speak

for their principal and enter into a binding agreement.

b) Subject to Section D.4.c.i, the Chief Negotiators will establish the starting date

and time, as well as schedule for negotiations.

c) The Parties will work toward resolution in a timely manner and will avoid

unnecessary delays. If a break in negotiations is necessary, the Parties will agree

on a time and date to resume bargaining prior to any recess, whenever

practicable.

d) Each bargaining team will consist of up to four (4) bargaining team members,

to include the Chief Negotiator, unless the Chief Negotiators agree in writing

to add to or subtract from the number of members each bargaining team will

have. Each Party may replace a member(s) of its team at any time, with advance

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written notification provided to the Chief Negotiator of the other Party. Each

bargaining team may also have a note taker.

e) Each Party will inform the other of the names of its bargaining team members

at least three (3) calendar days before the start of any negotiations.

f) Generally, bargaining will take place virtually, unless the Chief Negotiators

agree in writing to bargain in person. Where bargaining over a particular change

is expected to be complex or last a significant period of time (e.g., more than

one week), the Parties agree that in-person bargaining may be more appropriate.

i) Sessions that include bargaining team members appearing in person will

alternate between TSA Headquarters (6595 Springfield Center Dr.,

Springfield, Virginia 22150) and AFGE Headquarters (80 F St. NW,

Washington, DC 20001) or at another no-cost facility as agreed to by the

Parties.

ii) A virtual option will always be available for bargaining team members who

cannot appear in person for sessions that otherwise may be held in person.

g) The Union will be entitled to have up to four (4) bargaining unit negotiators

present on official time during negotiations, including caucuses, on designated

bargaining days, unless the Chief Negotiators agree in writing to more than four

(4) bargaining unit negotiators consistent with Section D.4.c.iii.d above.

i) Those up to four (4) bargaining unit negotiators (unless the Chief

Negotiators have agreed in writing to more) will also be permitted to use a

reasonable amount of official time for travel to and from bargaining sessions

(when appearing in person), to the extent such bargaining unit employees

would otherwise be in a paid duty status.

ii) TSA will adjust the work schedules as needed of the up to four (4)

bargaining unit negotiators (unless the Chief Negotiators have agreed in

writing to more) to place them in a duty status during regular negotiation

hours and for time spent in travel to and from the scheduled bargaining

sessions (when appearing in person).

h) The Agency will pay the travel and per diem costs (in accordance with Federal

Travel Regulations and applicable law) of up to four (4) bargaining unit

negotiators for in-person bargaining, unless the Chief Negotiators agree in

writing that the Agency will pay the travel and per diem costs of more than four

(4) bargaining unit negotiators.

i) Should the Parties reach impasse, the Agency will pay the travel and per diem

expenses for up to four (4) bargaining unit negotiators to attend in-person

mediation and impasse resolution proceedings unless the Chief Negotiators

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agree in writing that the Agency will pay the travel and per diem costs of more

than four (4) bargaining unit negotiators.

j) The Parties will exchange written proposals. Proposals will be identified as

either Union or Agency proposals and include the date exchanged. The Parties

may also engage in Interest-Based Bargaining at any time, during which the

Parties will continue to exchange written proposals.

k) Each Party will be responsible for maintaining its own records of the

negotiations. There will be no audio or visual taping of sessions or verbatim

transcripts of the sessions. Notes may be taken by members of the respective

bargaining teams and/or their designated note taker.