collective bargaining agreement contract between - Bureau of Indian ...

Section 8. Approval of Supplemental AgreementsA. National Level Supplements. When agreement has been reached on all issues, the supplementwill be prepared in final form for signature by the parties. Upon receipt of the ratifiedsupplement, the Union and Management will sign and date the document. Management willsubmit the document for Agency head review as provided by 5 USC, Chapter 71. Within 30(thirty) days after execution, if the supplement is not acted upon, the supplement will becomeeffective provided such supplement is consistent with law, rule, and regulation.B. Local Work Site Supplements. Upon completion of negotiations, the parties will sign off on thesupplement. The date of execution of the supplement will be the date the last Managementofficial signs off. Within three (3) work days of the date the supplement is executed, it will beforwarded to the Director, Office of Human Resources, for agency head review consistent with 5USC, 7114(c) and applicable DOI policy. A copy will also be forwarded to Central Office. Six(6) signed and dated originals of each supplement will be sent to the Bureau/Office LaborRelations Officer.C. Supplemental agreements negotiated under this Agreement may be amended by mutualagreement of the parties at the National level.Section 9. Past PracticesPractices or procedures that meet the following tests are considered past practice:A. They are known to Management;B. Those where the Manager responsible, knowingly acquiesces to the practice; andC. When such practice continues for some significant length of time.Such past practices will remain in effect provided they are not contrary to law, government-wideregulations, management rights, and/or this Agreement.Section 10. NegotiabilityAfter exploring the issue in negotiations and after the Union has provided Management writtenclarification of the intent of its proposal(s) along with a request for a negotiability determination,Management will provide the Union with a written statement of its position of non-negotiability and itsrationale for such claim within ten (10) work days. The Union may, within fifteen (15) work days ofreceipt of Management’s statement, file an appeal with the FLRA.127