Article 36
Contracting Out

Section 36.01

The Employer agrees to comply with whatever laws and binding regulations are applicable at the time a decision is made to contract out.

Section 36.02

Immediately after a decision is made to let a contract which has potential adverse impact on the bargaining unit, NTEU will be provided a summary of the contract and the request for proposals (RFP), as well as information indicating the number of employees and/or staff years (hours) required under the contract. No decision to contract out will be effected until NTEU has been notified and given an opportunity to negotiate concerning its impact and implementation.

Section 36.03

A. Unless contrary to law or regulation, the Employer shall include in its open market bid request for RFP the requirement that employees adversely affected by the contracting out shall be given the right of first refusal with respect to positions the contractor has open within ninety (90) days of the award as a result of entering into the contract.

B. No later than ten (10) workdays after the contract is awarded, the Employer shall furnish the contractor with a current list of adversely affected employees.

Section 36.04

Employees will be formally advised of their eligibility for registration in the Priority Placement Program at the time they are identified as adversely affected, and will be entitled to the placement considerations accorded by the Department's policies and this agreement.

Section 36.05

The Employer agrees to eliminate or minimize any potential adverse impact by:

A. coordinating with OPM to ensure that adversely affected employees have access to Government-wide placement programs, including the OPM-operated Displaced Employee Program and the Interagency Placement Assistance Program; and

B. coordinating with the U.S. Department of Labor on publicizing private sector job opportunities.

Section 36.06

The Employer will keep NTEU fully informed of any study or planned study to contract out any function of its headquarters operations.