Article 48
Reorganization/Relocation Notification Procedures

Section 48.01

The Employer and NTEU agree that a stable and healthful office environment which contributes to employee comfort, productivity and job satisfaction is an important organizational objective. When the Employer determines that it is necessary to reorganize or to physically relocate employees, it will provide advanced notification to NTEU to begin a cooperative discussion. The objectives are for the reorganization/relocation to be thoroughly coordinated with NTEU, well planned and implemented promptly, in accordance with procedures outlined in this Article, and to minimize adverse impact upon staff and organizational disruption. A standard notification form must be used and is available from Labor Relations.

The parties will jointly develop general guidelines in each separate facility where bargaining unit employees are located. Where these guidelines are not able to be met, management will be expected to distribute existing space fairly among all occupants of the building who are under the administrative control of the Employer.

Section 48.02 - Definitions

For the purpose of this Article:

A. "Relocation" means a physical move of the employee(s) in a work unit from one worksite (e.g.: office, suite of offices, shop, building) to another. Temporary on-site relocation, of less than thirty (30) days duration, for office refurbishing (e.g., painting and carpeting) will not be subject to this notification procedure; if seating or office layout arrangement are changed formal notification will be made.

B. "Reorganization" means at a minimum, organizational change, including transfer of function, involving the elimination, addition, or realignment or redistribution of functions, employees, or responsibilities among or within Departmental components.

C. "Advanced Notice" means written notification submitted as soon as there has been a determination to reorganize or physically relocate employees.

D. "Notice" means written notification, submitted as much in advance of the proposed implementation date as possible, but in no case less than three (3) work weeks prior to a proposed implementation date.

E. "Implementation Date" means the calendar day proposed by management for effectuation of the proposed change in working conditions which is described in the Notice, and by which it seeks to fulfill any statutory obligation to negotiate in good faith.

F. The parties also recognize that Executive Order 12871 required an opportunity to bargain over subjects set forth in 5 U.S.C. 7106(b)(1). Management and NTEU agree that, within 90 days of signing this agreement, an MOU will be executed by the parties explaining those matters covered by 5 U.S.C. 7106 (b)(1); i.e., the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work, that require advance notice and how that notice will be satisfied.

Section 48.03 - Disclosure of Plans

A. Where the Employer wishes to reorganize, the Employer will give Notice to NTEU and provide, as appropriate, the following initial information:

1. reason(s) for the reorganization,

2. a list with the names, position titles and grades of all affected employees,

3. approved mission and function statements for the existing and the proposed organizations,

4. staffing charts for the existing and the proposed organizations,

5. a. a list of officially classified position descriptions then complete, if any, with copies of each position description listed,

b. a list of positions for which classification action is pending,

6. a list of known vacancies in the new organization,

7. projected adverse impact resulting from the reorganization, if any,

8. a proposed implementation schedule, and

9. any proposed written employee notices.

B. Where the Employer wishes to relocate employees, the Employer will give Notice to the appropriate NTEU Chapter(s) and provide, as appropriate, the following initial information. The parties agree that a streamlined notification process may be appropriate for minor relocation:

1. reason(s) for the relocation

2. a. a list with the names, position titles and grades of all affected employees and their supervisors,

b. a list of names, job titles, and the employer of all contractors occupying work space in existing and/or proposed sites seating charts.

3. floor plans and seating chart(s), drawn to scale, for both the existing and proposed organizational locations,

4. whether the proposed relocation is intended to be temporary or permanent and the expected duration of residency in temporary space,

5. information concerning anticipated changes in provision for NTEU office space, parking facilities, lunch facilities, security provisions,

6. health and safety testing and results, if any,

7. projected adverse impact resulting from the relocation, if any, and a statement concerning how the determination was made together with any relevant documentation.

8. a proposed implementation schedule, and

9. any proposed written employee notices.

C. Where NTEU and DOE cooperatively develop the reorganization or relocation proposal, they will jointly sign a memorandum indicating concurrence and transmit it to Headquarters Labor Relations Services, thus eliminating the need for formal notification.

D. After receipt of the initial Notice and the information described in Section 48.03.A, and 3.B., NTEU may, as soon as possible, but no later than five (5) work days after receipt, request to meet with the Employer for a detailed briefing and to discuss the proposed change and the information supplied with the notification, or to comment or otherwise make suggestions concerning the implementation plan. NTEU concerns raised at the meeting regarding adverse impact which will result from the proposed change will be discussed. Such meeting shall not preclude formal negotiations. For relocations which involve large numbers of employees (e.g. more than 100 employees) or relocations which involve significant geographical movement (e.g. from Germantown to Forrestal or Forrestal to Germantown), NTEU will be allowed a one-week extension of the normal three- week time frame upon written request to Headquarters Labor Relations Services within ten (10) days of the initial notice. In all other cases or where NTEU is making a further request for extension of time, NTEU will provide Headquarters Labor Relations Services notice within ten (10) workdays of initial notice or within two (2) days of the extension referenced above, that an extension of time required for consideration of the proposal is needed. Such notice will state the length of extension needed and the reason for the extension.

E. NTEU requests under 5 U.S.C. 7114(b)(4) for additional information will be honored as required by statute. No formal Notice to NTEU, under this Article, will be considered completed until information required under 5 U.S.C. 7114(b)(4) has been provided.

F. If prior to final implementation, the Employer concludes that minor modification of the original plan is necessary and employee assignments will change as a result, the Employer shall notify and discuss these changes with NTEU. Minor adjustments to the original plan will not constitute a separate proposal for the purposes of this Article. However, such proposed modifications shall be processed, as necessary and appropriate, in accordance with this Article.

Section 48.04

When allocating office space in conjunction with a relocation, or, if appropriate, subsequent to a reorganization, employees will be given a choice in office selection. That choice will be consistent with work demands that necessitate that functions be adjacent to one another or in specific locations (e.g., sharing equipment or customer service). Moves will not be made only to accommodate individual promotions or additions to an organizational unit. The order in which employees will be offered a selection is as follows:

1. Full time employment status
2. Grade
3. Time in grade
4. DOE seniority
5. Service computation date
6. Flip of a coin
7. Part time employment status in the same sequence as above.

Federal employees will get priority for space over contractors.

Section 48.05

The Employer will not implement proposed reorganizations/relocations prior to the conclusion of negotiations and fulfillment of its bargaining obligations under statute or prior to the expiration of the appropriate time period if no proposals are offered. Nothing in this Article shall be construed to waive this statutory right. Administrative and Personnel officials will not implement reorganization or relocation changes prior to receiving clearance from Headquarters Labor Relations.