Consultation  |  Effective Date/Expiration/Extension/Renewal  |  Ground Rules
Mid-term/Reopener  |  Regulation  |  Miscellaneous

1. Agency to consult with the union before eliminating or modifying nurses’ conditions of employment. Illinois Nurses Association, 27 FLRA 714, Proposal 1 [N]
2. Agency to consult with the union prior to establishing or modifying personnel practices and polices. New York State Nurses Association, 30 FLRA 706, Proposal 19, Section 17, subsection j [N]

Effective Date/Expiration/Extension/Renewal

1. Establishing the anniversary date of an agreement. International Organization of Masters, Mates and Pilots, 11 FLRA 115, Provision 1 [N]
2. Both parties will abide by implementing procedures contained in the agreement. AFSCME, Local 2910, 18 FLRA 241, Proposal 5 [NN]
3. Effective date of the agreement to be the same as the date of execution. AFGE Local 1549, 19 FLRA 1016, Provision 3 [NN]
4. Agency to inform all levels of management of the provisions of the agreement within 30 days of the day it is signed. NFFE, Local 29, 20 FLRA 531, Proposal 1 [N]
5. Negotiations over impact and implementation will be combined with negotiations over the basic agreement. POPA, 21 FLRA 580, Proposal 3 [NN]
6. Agreement shall be effective as of the 31st day after it is signed by the commanding general. Fort Knox Teachers Association, 27 FLRA 203, Provision 5 [N]
7. Delaying implementation of the Student Activity Fund Council regulations until agreement is reached on the union’s proposal. Overseas Education Association, 28 FLRA 936, Proposal 4 [N]
8. Provisions of the agreement that conflict with a national agreement shall expire on the date the national agreement goes into effect and all other items of the agreement remain in effect. AFGE, AFL–CIO, Council 1458, 29 FLRA 3, Provision 17 [N]
9. If neither party serves notice to negotiate the agreement, it shall automatically renew for a one year period, subject to agency–head review. AFGE, AFL–CIO, Council 214, 29 FLRA 1587, Provision 9 [N]
10. Seeking to bind the agency to a course of conduct after the agreement expires. MSPB/PA, 30 FLRA 852, Proposal 5 [NN]
11. Previously designated representatives of the employer and the union shall meet quarterly to discuss matters not covered by the agreement. AFGE, AFL–CIO, Local 1808, 30 FLRA 1236, Provision 4 [N]
12. Establishing the duration of the agreement as 3 years from its effective date and would allow for mutually agreed–upon 1–year extensions thereafter. AFGE, AFL–CIO, Local 1931, 32 FLRA 1023, Provision 39 (first disputed sentence) [N]
13. Agreement to remain in full force and effect during renegotiations until a new agreement takes effect. AFGE, AFL–CIO, Local 1931, 32 FLRA 1023, Provision 39 (second disputed sentence) [N]
14. Establishing the effective date of the parties’ agreement. West Point Elementary School, Teachers Association, NEA, 34 FLRA 1008, Provision 4 [NN]
15. Allowing ratification of a collective bargaining agreement by the union’s membership after the completion of the agency–head review process. Federal Employees Metal Trades Council of Charleston, 35 FLRA 1091 [NN]
16. The effective date of the parties’ agreement. POPA, 41 FLRA 795, Provision 17 [NN]
17. A statement of existing past practice does not bind the agency to continue any practice. POPA, 41 FLRA 795, Provision 13 [N]
18. Concerning procedures to be followed by the parties to resolve disputes over agency disapprovals of local supplemental agreements under § 7114(c). AFGE, AFL–CIO, Department of Education Council of AFGE Locals, 42 FLRA 1351, Proposal 1 [NN]
19. Placing the terms of the agreement into effect retroactively. NAGE, Local R14–52, 45 FLRA 910, Provision 2 [N]

Ground Rules

1. Prescribing the size of the bargaining committee. NFFE, Local 1451, 3 FLRA 88 [NN]
2. Requiring the agency to begin bargaining on ground rules. AFGE, AFL–CIO, 15 FLRA 461, Proposal 1 [N]
3. Limiting the number of negotiating team members either party may have. NFFE, Local 1437, 18 FLRA 96, Proposal 1 [NN]
4. Agency to appoint a chief negotiator and an alternate with authority to commit the agency. NFFE, Local 1437, 18 FLRA 96, Proposal 2 [NN]
5. Allowing the union to refuse to recognize management or supervisory officials as agency representatives unless designated as such in writing. NFFE, Local 29, 20 FLRA 531, Proposal 2 [NN]
6. Head of the agency to attend mediation sessions. POPA, 21 FLRA 580, Proposal 4 [NN]
7. Requiring that all observers, including management’s, be placed in a non–duty status. Federal Employees Metal Trades Council of Charleston, 36 FLRA 148 [NN]
8. If the agency alleges that any of the union’s proposals are nonnegotiable under § 7117(a)(2), it will not implement National Registry of Emergency Medical Technician certification until a negotiability determination on the matter is made by the Authority. NFFE, Local 1214, 40 FLRA 1181, Proposal 6 [N]
9. Requiring management officials to use certain terms – and prohibits those officials from using other terms – in addressing unit employees while conducting labor–management relations. Association of Civilian Technicians, 57 FLRA 939 [NN]. Reversed in Association of Civilian Technicians v. FLRA, 353 F.3d 46 (D.C. Cir. 2004).
10. Setting forth ground rules that would apply when negotiating a successor agreement. AFGE, AFL–CIO, Local 12, 60 FLRA 533, Proposal 7 [N]
11. Requires the Agency and Union to follow ground rules set forth in Appendix A of their current agreement for negotiating a successor agreement. AFGE, Local 12, 61 FLRA 209, Proposal 7 [N]

Mid-term/Reopener

1. Negotiating a reopener clause requiring negotiations over union initiated proposals. NAGE, SEIU, AFL–CIO, 24 FLRA 147, Proposal 1 [N]
2. Seeking to impose an obligation to bargain mid–term. MSPB/PA, 30 FLRA 852, Proposal 4 [N]
3. Continuation of the parties’ negotiated collective bargaining agreement after its expiration date. NAGE, Locals R12–33 & R12–222, 38 FLRA 295, Proposal 4 [NN]
4. Setting forth a procedure for reopening the agreement to negotiate over five proposals that were not agreed to by the parties during bargaining. AFGE, AFL–CIO, National INS Council, 45 FLRA 391, Provision 4 [NN]
5. At the midterm of the parties’ collective bargaining agreement, either party may request to reopen the contract to renegotiate a maximum of two articles contained in the contract. AFGE, AFL–CIO, Local 1995, 47 FLRA 470 [N]. Reversed in Department of Energy, Morgantown Energy Technology Center v. Federal Labor Relations Authority, 106 F.3d 1158 (4th Cir. 1997).
6. Establishing conditions for the reopening and renegotiation of contract provisions. NTEU, 53 FLRA 539, Proposal 3 [N]
7. Seeking impact and implementation bargaining in response to agency–instituted changes in conditions of employment. POPA, 56 FLRA, 69, Proposals 66 through 74, 76, and 77 [N]
8. Providing for reopener negotiations. POPA, 56 FLRA 69, Proposal 75 [N]
9. Twelve months after the implementation of CHIP, the parties will reopen the terms of the memorandum of understanding and negotiate over impact and implementation issues concerning the CHIP program that have developed subsequent to its implementation. AFGE, AFL–CIO, 58 FLRA 341 [N]
10. Requiring the agency to engage in mid–term bargaining, unless the subject matter of bargaining is specifically addressed in the parties’ National Agreement or an existing Memorandum of Understanding. NTEU, 59 FLRA 217, Proposal 1 [PN]
11. Requiring the agency to engage in mid–term bargaining, either over agency–initiated changes or over union–initiated changes. NTEU, 59 FLRA 217, Proposal 2 [PN]
12. MOU or the ARMT may be reopened by either party in accordance with the parties’ collective bargaining agreement. NATCA, 61 FLRA 341, Section 9 [PN, (b)(1)]

Regulation

1. Agreement provisions will prevail over Government-wide or other rules or regulations issued after the agreement. NTEU, 9 FLRA 983, Article 2, Section 1A and B; Article 32, Section 10A and Article 40, Section 3 [N]
2. Conflict between the agreement and the master agreement or nongovernment–wide regulations will be resolved by relying on the terms of the agreement. NTEU, 13 FLRA 554 [N]
3. Agreement provisions will prevail over subsequently issued Government–wide rules and regulations. NTEU, 14 FLRA 243, Provision 1 [N]
4. Incorporating retirement regulations into the agreement. Maritime/Metal Trades Council, 18 FLRA 326, Proposal 1 [NN]
5. The collective bargaining agreement to prevail over agency regulations that were issued subsequent to the effective date of the agreement. PPDSE, AFL–CIO, Local 2, 25 FLRA 113, Provision 1 [N]
6. Agency policies, rules and regulations shall be consistent with the agreement. Fort Knox Teachers Association, 27 FLRA 203, Provision 6 [N]
7. Subordinating to the negotiated agreement any agency regulations or policies in conflict with the agreement. AFGE, AFL–CIO, Local 1458, 29 FLRA 3, Provision 2 [N]
8. Policies and procedures set forth in the negotiated article take precedence over those set forth in agency regulations; otherwise the procedures in the regulations will be followed. NFFE, 29 FLRA 1491, Provision 4 [N]
9. Requiring the collective bargaining agreement take precedence over conflicting provisions in agency regulations which predate or post–date agreements. AFGE, AFL–CIO, Local 2052, 31 FLRA 37, Proposal 1 [N]
10. Requiring the agency to comply with its regulations governing personnel policies and practices is a negotiable appropriate arrangement. AFGE, AFL–CIO, Department of Education Council of AFGE Locals, 42 FLRA 527 [N]. Reversed in Department of Education v. Federal Labor Relations Authority, 969 F.2d 1158 (D.C. Cir. 1992).

Miscellaneous

1. Restating employees’ collective bargaining rights under the Statute. Illinois Nurses Association, 28 FLRA 212, Proposals 12 and 13 [N]
2. Preventing implementation of changes during impasse, unless a compelling need exists, if either party has invoked impasse resolution procedures. Overseas Education Association, 29 FLRA 734, Proposal 3 [N]
3. Management to contractually bind itself to continue its current organization structure for the life of the agreement. Association of Civilian Technicians, 29 FLRA 1292, Proposal 5 [NN]
4. Concerning the negotiation of changes in conditions of employment that affect more than one facility or originate above the facility level. NFFE, Council of VA Locals, 49 FLRA 923, Proposal 2 [N]
5. Technicians who attend negotiation sessions as observers on behalf of the union in accordance with an applicable agreement between the parties. Association of Civilian Technicians, 56 FLRA 863 [N]
6. Eliminating the agency’s discretion to refrain from bargaining over § 7106(b)(1). FOP, Lodge # 1F, 57 FLRA 373, Proposal 1(c) [PN, (b)(1)]
7. All issues expressly delegated to the parties at the local level by the MOU will be negotiated and/or resolved in accordance with the parties’ collective bargaining agreement, and any issue that is not addressed in the MOU will be negotiated and/or resolved by the parties at the appropriate level in accordance with the parties’ agreement. NATCA, 61 FLRA 341, Section 5 [NN, LAW]
8. Parties are required to bargain at the local level, in accordance with Section 5, over any outstanding issues at facilities where ARMT has been implemented. NATCA, 61 FLRA 341, Section 6 [NN, LAW]
9. If the Agency decides to fund ARMT nationally, the Agency will provide the Union with notice and opportunity to bargain over such a change. NATCA, 61 FLRA 341, Section 7 [NN, LAW]