Article 1
Recognition and Coverage

Section 1.01

All professional and nonprofessional employees of DOE Headquarters employed in the Washington, DC metropolitan area, excluding employees of the Federal Energy Regulatory Commission, the Office of the Inspector General, and the Office of the Assistant Secretary for Defense Programs; any employee engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; employees engaged in Federal personnel work in other than a purely clerical capacity; management officials, supervisors, and confidential employees, as defined in 5 U.S.C. 7103(a); are employees occupying positions within the bargaining unit. The above-described bargaining unit is represented for purposes of exclusive recognition by the National Treasury Employees Union. To facilitate efficient labor-management relations, there is a separate chapter which represents Headquarters employees in Germantown, Maryland, and a separate chapter which represents all other Headquarters employees.

Section 1.02

The terms and conditions of this agreement apply only to positions within the bargaining unit and to employees who occupy those positions. When the word employee is used in this agreement, it is understood that it means an employee in a bargaining unit position.

Section 1.03

This agreement is made and entered into by and between the Department of Energy (DOE) Headquarters, hereinafter referred to as the Employer, and National Treasury Employees Union (NTEU), hereinafter referred to as NTEU.

Section 1.04

To the extent that the provisions of DOE Headquarters orders are in specific conflict with this agreement, the provisions of the agreement will govern.

Section 1.05

A. If NTEU becomes certified as the exclusive collective bargaining representative for any employees or bargaining unit not currently covered by this Agreement, this Agreement shall extend automatically to all employees covered by that certification on the sixtieth (60th) day following the certification of such unit. However, the dues withholding provisions of this Agreement shall be applicable upon certification of NTEU . Upon coverage of an organization, a management/NTEU team will be formed to resolve issues similar to those covered by the Collective Bargaining Agreement. After the 60 day grace period, employees may exercise grievance rights to resolve appropriate issues. There will be a 120 day grace period from the date of certification of newly covered organizations prior to formal third party actions being filed.

B. During the first 120 days of coverage, management officials will be jointly briefed by Headquarters Labor Relations and NTEU on their labor/management responsibilities. In addition, during the first 120 days of coverage, employees will be jointly briefed by Headquarters Labor Relations and NTEU on the provisions of the Collective Bargaining Agreement.