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SSA GENERAL COMMITTEE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO
Representing over 50,000 SSA employees across the nation, Puerto Rico and PacificIslands
James Marshall
P O Box 1698
Falls Church, VA22041
(703) 605-8322
(703) 605-8321 Fax
April 30, 2009
Commissioner Michael J. Astrue
6401 Security Blvd.
Baltimore, MD 21244
Dear Commissioner Astrue,
As you are aware, it is time to renegotiate the National Agreement, which expires August 15, 2009. This should be considered the Union’s notice to management under the provisions of Article 7 of the agreement. The Union has elected to allow the National Agreement to expire on August 15, 2009. The Union intends to enter into good faith negotiations over a new term agreement and is ready to begin ground rules bargaining as soon as possible.
Until a new term agreement has been reached and ratified by the membership, the Union demands that management abide by all provisions of the National Agreement and conditions of employment contained in the soon to be expired contract unless and until any of the requirements are changed in accordance with the Statute’s bargaining obligations. Any prior benefits and practices and understandings which were in effect on the effective date of this agreement at any level (national, council, regional and local), and which are not specifically covered by this Agreement do not detract from it shall not be changed except in accordance with 5 USC 71.This will apply to all agreements signed by the parties from June, 1982 to present with the exception of the provisions of those agreements which are specifically covered by the current National Agreement and do not detract from it. The Union also demands that terms and conditions of any prior and current benefits, MOUs, settlement agreements, other negotiated instruments, past practices and understandings that were established from June, 1982 to present at any level must either be reinstated or remain in effect (whichever is applicable) at the termination of this agreement unless such prior and current benefits, MOUs, settlement agreements, other negotiated instruments, past practices and understandings are specifically covered by the current national agreement and detract from it.
This notice constitutes the Union’s decision to terminate and renegotiate the numbered and unnumbered Articles (as listed in Attachment 1) of the National Agreement and specific named Memorandums of Understanding, Letters of Intent and Supplemental Agreements that have either specifically been incorporated in the National Agreement.
The Union demands that the Agency continue to adhere to all other negotiable contract Articles until a new contract is negotiated, ratified and implemented or until the negotiable Articles and clauses are changed in accordance with the Statute’s bargaining obligations. Thus, the Union demands that the Agency is bound by these expired contract Articles and clauses unless and until the Agency and the Union agree otherwise, or the contract Articles and clauses are otherwise lawfully modified under the Statute.
The Union is prepared to engage in term negotiations in an expeditious manner and to fulfill its statutory bargaining obligations, and to negotiate, in good faith, over the full range of Agency proposals that are negotiable under the Statute. This includes the Union’s obligation to negotiate in good faith over Agency proposals that do not directly interfere with the Union’s rights under the Statute. This also includes the Union’s right to negotiate over proposals that are procedures under 5 USC 7106 of the Statute.
In accordance with Article 7, Section 2 of the National Agreement, the Union is prepared to negotiate the ground rules the week of May 11, 2009.
Should you have any questions regarding the above notice, please contact Witold Skwierczynski. He is the Union’s chief negotiator and can be reached at 410-965-8863 or by e-mail at . My information is listed above.
Sincerely,
Original signed by Cynthia Ennis for me and delivered to Astrue and Beever
James Marshall
Spokesperson
AFGE General Committee
Cc: M. Beever
AFGE General Committee
ATTACHMENT 1
The Union is prepared to renegotiate the following numbered and unnumbered Articles of the National Agreement set to expire on August 15, 2009:
Preamble
Recognition and Coverage of this Agreement
Management Rights
Article 1Governing Laws, Regulations and Existing Conditions of Employment
Article 2Union Rights and Responsibilities
Article 3Employee Rights
Article 4Negotiations During the Term of the Agreement on Management Initiated Changes
Article 5Union Initiated Mid-Term Bargaining
Article 6Dues Withholding
Article 7Duration of Agreement
Article 8Official Travel
Article 9Health and Safety
Article 10Hours of Work, Flextime, Alternate Work Arrangements and Credit Hours
Article 11Union Use of Official Facilities and Communications
Article 12Recycling
Article 13Parking and Transportation
Article 14Reduction-in-Force and Transfer of Function
Article 15Contracting Out Bargaining Unit Work
Article 16Training and Career Development
Article 17Monetary Awards
Article 18Equal Employment Opportunity
Article 19Upward Mobility
Article 20Child Care
Article 21Performance
Article 22Within-Grade Increases
Article 23Disciplinary and Adverse Actions
Article 24Grievance Procedure
Article 25Arbitration
Article 26Merit Promotion
Article 27Details
Article 28Classification
Article 29Union-Management Meetings
Article 30Official Time
Article 31Time and Leave
Article 32Fitness for Duty
Article 33Temporary, Probationary, Part-Time Permanent and Seasonal Employees
Article 34Employee Disability Compensation (OWCP)
Article 35Employee Assistance and Counseling
Article 36Research Programs and Demonstration Projects
Article 37Tests and Employee Selection Process
Article 38Multilingual/Bilingual Employees
Article 39Work at Home by Exception
Article 40Alternative Dispute Resolution
Article 41Partnership
Article 42Work at Home (Flexiplace)
Article 43Miscellaneous
Article 44Technology
Article 45Disability Processes
Article 46Retention Allowances/Bonuses
Article 47Student Loans
Article 48Elder Care
Article 49Supplemental Agreements
Article 50Communications
Article 51Workgroups/Focus Groups
Article 52New Employee Orientation
Article 53Leave Bank
Sidebar Agreements:
LOI Regarding the Establishment of a Shift 2 in OHA Hearing Offices
Overtime Roster Sidebar
Credit Hour Sidebar
Council 220 Space Sidebar
SEPSC Relocation Sidebar
Council 224 Space Sidebar
General Committee Space Sidebar
Article 11 Successor Space Sidebar
LOI Regarding Payment of Transit Subsidies for AFGE Bargaining Unit Employees
Article 16 Payment of CPR for Nurses Sidebar
LOI Regarding the Awards program for AFGE Bargaining Unit Employees
LOI Regarding the Awards Program for AFGE Bargaining Unit Employees (% of funds)
Article 20 Child Care Sidebar
Article 21 Return to Training for Union Reps Sidebar
Article 25 Arbitration Sunset Provisions Sidebar
Article 30 Official Time Bank Sidebar
Article 30 Additional Official Time Hours Sidebar
Article 30 Early Out for Union Reps Sidebar
Article 31 Religious Compensatory Time Sidebar
Article 31 Leave Rosters Sidebar
Article 41 Flexiplace Sidebar