8/15/2001
Memorandum of Understanding between
FUSE / NAGE R1 144, NAGE R1 134, and NUWCDIVNPT on
Facilities Regionalization
The purpose of this Agreement is to help ensure that facilities regionalization does not result in a degradation of working conditions for NUWCDIVNPT employees and to establish a process for identification and resolution of degraded conditions should they occur. The potential for degradation is related to facilities services regionalized in December 1999.
The Agreement:
1. For the purposes of this agreement, the term "unions" refers to FUSE/NAGE R1 144 and NAGE R1 134, and the term "employees" refers to all NUWCDIVNPT employees represented by these unions.
2. It is agreed that the employer enters into this agreement with the intent that facilities services shall be maintained at such a level that safety will be maintained and no more than a minimal degradation of working conditions will occur. It is also agreed that it is difficult to establish a true baseline for such conditions, as of a specific date, since the condition of facilities normally varies over a relatively long period of time (e.g. a roof may have a 20 year cycle, paint a 10 year cycle, etc). It is also understood that facility service levels and working conditions may fluctuate year to year based on constraints and influences unrelated to regionalization. These include, but are not limited to:
· Internal funding resources available to address facility related issues.
· MILCON construction and demolition.
· Significant increases or decreases in the cost of utilities.
However, these factors do not justify permitting facilities related working conditions to degrade beyond a safe level under any circumstances. It is understood and expected that employees, unions and management will watch for degradation of facility related working conditions that may result from regionalization. If more than a minimal degradation or potentially more than a minimal degradation, of facility related working conditions is discovered by, or brought to the attention of the unions, the unions will bring this condition to the attention of the NUWCDIVNPT Chief Negotiator. Management agrees to address any degradation of facility working conditions using best management practices. Management will notify the unions of the proposed corrective actions, and provide the unions ample opportunity (except in emergency conditions when immediate action is necessary to ensure employee's safety) to provide comments and express concerns related to the proposed actions. The union's comments and concerns will be addressed by management in their decisions and actions to correct the situation. Any union concerns that are not addressed by management will be addressed through negotiations if requested. Unsafe conditions should continue to be reported in accordance with NUWCDIVNPT Instruction 5100.5 (OCCUPATIONAL SAFETY AND HEALTH (OSH) PROGRAM).
3. For the purposes of this agreement, facilitiesrelated working conditions include, but are not limited to:
a. Heating, ventilation, air conditioning (incl. HVAC computerized controls and monitoring of buildings), lighting, electrical power and associated systems, equipment and services. emergency, exit and exterior lighting, elevators, automatic doors, handicapped access controls, water and filters, sewerage, pest control, roofing, lightning conductors and arresters. safety, fire protection, prevention and associated systems/equipment, high pressure air systems, cranes, hoists, slings and other weight handling equipment, and maintenance of all the above and all buildings, facilities and spaces occupied or used by employees.
b. Street, parking, walkway, stairway, grounds (incl. ball field and fitness trail) and all associated services, equipment and maintenance, snow removal, pavement, crosswalk and reserved space marking.
c. Auditorium, conference room, classroom, and gymnasium seating and furniture preparation and configuration.
d. Transportation and rigging services.
e. Work request and service calls.
f. Emergency service calls.
g. 200 foot communications tower maintenance.
h. Hurricane response and securing of roofs, windows, outdoor furniture, etc.
i. Disaster control and threat condition response (incl. jersey barriers).
4. It is agreed that the unions will be timely notified of any and all changes and proposed changes in NUWCDIVNPT facilitiesrelated working conditions having more than a minimal impact on employees, and given the opportunity to discuss and, if requested, negotiate the impact and implementation of changes to the extent required by statute.
5. Management agrees to provide the unions with all relevant information of any contracts issued for "contracting out' of facilities services (emergency and nonemergency) within 10 days of any union request for this information. Sources of this information may include the NUWC Facilities Management Office, NAVSTA Facilities Dept, or any other party issuingreviewing or managing contracts of this type.
6. Nothing in this MOU shall supercede the negotiated provisions of the NUWC/NAGE R1 134 Agreement.
7. Any unilateral request to renegotiate, modify or terminate this agreement during the first two years is not binding on the other party. Request(s) by either party to modify or terminate this agreement after two years will initiate a bargaining obligation as required under applicable statue(s) or negotiated agreement(s). This agreement will remain in effect until it is replaced, modified or terminated by mutual agreement or by impasse or other applicable procedure(s). Any dispute over the interpretation of this agreement that cannot be resolved by the parties may be resolved through the FLRA negotiability, impasse, ULP, union grievance or other applicable procedure(s) if requested by either party.
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FUSE/NAGE R1-144 NAGE R1-134 NUWC Division Newport