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Supervisors make decisions everyday which affect the ways in which Fort Hood carries out its' operations. When those decisions impact working conditions of bargaining unit employees, there is a statutory obligation to give notice to the union prior to implementation to afford them an opportunity to request negotiations. Common examples of workplace changes are establishing new tours of duty or physically moving employees from one work location to another. Management's failure to provide advance notice can result in an unfair labor practice charge.
This process is referred to as Impact and Implementation bargaining. Impact and Implementation Bargaining (commonly referred to as I&I or impact bargaining) is an important form of midterm bargaining. Midterm bargaining refers to all bargaining that takes place during the life of a collective bargaining agreement. Impact and Implementation bargaining is limited in scope to (a) procedures management will follow in implementing its decisions and (b) appropriate arrangements for employees adversely affected by the decisions. The decisions themselves are not subject to bargaining, either because they involve the exercise of rights reserved to management by the labor relations statute (5 U.S.C. 7106), or because they are dictated by the laws and regulations referred to in the labor relations statute. The I&I bargaining obligation arises only as a result of a management initiative of proposed action that will impact on the conditions of employment of bargaining unit employees.
Locally, our negotiated policy (Article 3, Section 7) is to notify the union in writing at least 7 calendar days in advance of the proposed implementation date of any management initiative that will impact on conditions of employment of bargaining unit employees. In order for us to do this, supervisors must notify the Labor Relations Office of a proposed change. We ask that you do this in writing (preferably email to your servicing Labor Relations Specialist) and basically tell us who, what, why, where, and when.
If you wish, you can email your notice to the directly to the union: email@example.com with a copy to the CPAC Labor Relations Office.
If the union requests negotiations, a meeting will be scheduled. The purpose of the meeting is to identify any adverse impact and provide accommodations to the employees affected.
Another approach is to involve the union early on at what is referred to as the pre-decisional stage. Ideally, if you do this you can work out any concerns ahead of time and eliminate the need for formal negotiations.