Ssa General Committee

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