LABOR-MANAGEMENT
RELATIONS AGREEMENT
between
U.S. DEPARTMENT OF AGRICULTURE
(USDA)
The Farm Service Agency
(FSA)
and
The National Association of FSA
County Office Employees
(NASCOE)
SECTION 1 GENERAL PROVISIONS
The object of the parties in their cooperative endeavors under the
agreement is to provide means for and to facilitate:
·
Employee
participation in the formulation of policies and procedures governing the terms
of their employment and the conditions under which they work;
·
The fair and
prompt settlement of grievances, disputes, and impasses;
·
Systematic
labor-management relations in the attainment of FSA program objectives; and
·
More effective
and active support of the farmer-elected committee system for the betterment of
agriculture.
2
AUTHORITY
Exclusive recognition of NASCOE was granted by the Secretary on June
12, 1962, under the authority of Section 8 (b) of the Soil Conservation and
Domestic Allotment Act, as amended. This
was done to accord FSA county employees rights similar to those provided
regular Federal employees by Executive Order 10988, approved by the President
January 7, 1962, and is continued under Executive Order 11491 approved by the
President October 29, 1983.
The parties to this agreement are the U.S. Department of Agriculture,
herein referred to as the Department or USDA, and the Farm Service Agency,
herein referred to as the Service or FSA, on the one hand, and the National
Association of FSA County Office Employees, herein referred to as NASCOE, on
the other hand. Primary responsibility
for cooperative relations within NASCOE under this agreement rests with FSA
management; matters may be taken up with the Department that are of
department-wide concern, or that are otherwise beyond the discretion of FSA
management.
This agreement is applicable to all FSA county employees. Under this agreement NASCOE has exclusive
rights to represent all county employees in consultations and negotiations with
management of FSA and USDA. As a
condition of this exclusive right, NASCOE accepts responsibility for and agrees
to represent in good faith the interests of all county employees without
discrimination and without regard to membership in NASCOE.
To obtain recognition at the State level, a NASCOE affiliate must have
membership of at least 51 percent of the county employees serving under regular
appointments in the State or States covered by the affiliates. Where NASCOE affiliate has such membership,
recognition may be requested by written application to the Chairperson of the
State Committee from the recognized officers of the NASCOE affiliate. The request shall contain a statement as to
the number of county employees holding regular appointments within the State
who are NASCOE members. Where a finding
is made that sufficient membership is present, the Chairperson of the State
Committee shall notify the appropriate NASCOE affiliate official in writing
that recognition is granted. NASCOE may
not modify the geographic boundary of its affiliates without prior agreement at
the National level between NASCOE and FSA.
Written agreements supplementary to and consistent with this agreement
may be entered into at the State level as may be deemed necessary or desirable.
In the event that any law, executive order, regulation or policy
binding on FSA is hereafter enacted or issued and is inconsistent with any of
the provisions of this agreement; such enactment or issuance shall
prevail. NASCOE and FSA shall issue a
joint statement interpreting the effect of such a change.
FSA management officials retain the right in accordance with applicable
laws and regulations to:
·
Direct and
supervise employees;
·
Hire, promote,
transfer, remove, assign, suspend, demote, discharge, or take disciplinary
action against employees;
·
Relieve
employees from duties because of lack of work or for other legitimate reasons;
·
Maintain the
methods, means, and personnel by which operations are to be conducted;
·
Take whatever
action may be necessary to carry out the mission of the Agency in situations of
emergency.
Employees have the right to organize or join or refrain from joining
any employee organization. In the
exercise of this right, employees shall be free from any and all interference,
coercion, restraint, or discrimination.
Employees covered by this agreement do not have any rights individually
or collectively to strike, cease work, or otherwise interfere by concerted
action in any way at any time with the expeditious accomplishment of assigned
work.
The parties to the agreement pledge themselves to conduct all
consultations and negotiations objectively and in good faith for the purpose of
fair and equitable solutions. They will
make every effort to reach agreement on all matters within a reasonable period
of time.
The
parties shall consult and negotiate from time to time in the formulation and
implementation of personnel policies affecting county employees. In general, these include policies,
practices, and matters affecting working conditions and terms and security of
employment, which are within the administrative jurisdiction of the FSA
National Office or that of a State Office.
Whenever administratively practicable, FSA will consult with NASCOE
before implementing any major change affecting terms of employment or working
conditions. As a rule, FSA will not seek
the views of NASCOE on individual applications of basic policy. NASCOE may consult and negotiate with FSA
management officials if it believes a policy is not being uniformly or
impartially applied and implemented.
Individual actions taken by a county committee or a county executive
director within their delegation of authority and in accordance with procedure
shall not be reviewed by or negotiated upon at the State or National level.
Negotiations relating to a matter within the administrative authority
of a State Office must be initiated at the State level. Where agreement cannot be reached either the
NASCOE affiliate or the State Office may terminate negotiations by notifying
the other in writing. National
representatives of NASCOE may obtain reconsideration of the matter at the
National level by notifying the designated FSA National official. As a general rule, negotiations and
consultations shall be by letter. If
after attempting to reach agreement by correspondence it becomes apparent that
face to face discussion is needed, management or NASCOE may request a
meeting. If agreement on issues cannot
be reached between NASCOE and FSA, NASCOE may present its case to USDA.
For the purposes of handling consultations and negotiations between the
parties, each shall select representatives in the following manner:
·
USDA Level. The Department
representatives shall be those designated by the Department. NASCOE representatives shall be those
designated by NASCOE Officers.
·
FSA Level. NASCOE and FSA
shall each select a maximum of ten members to compose the negotiation committee
at the FSA level. Each shall designate
the individual through whom requests will be initiated. In addition, NASCOE and FSA may not at any
one time, have more than two consultants attend any meeting except that NASCOE
may have one program assistant from each NASCOE area attend.
·
State Level. The NASCOE
affiliate and the State Committee shall each select maximum of four members to
compose the negotiation committee at the State level. Each shall designate the individual through
whom requests will be initiated. In
addition, NASCOE and FSA each may not have more than two consultants to attend
any meeting. Where a NASCOE affiliate
has jurisdiction covering more than one State, the affiliate may use one
committee or separate committees to negotiate with the separate State groups.
Normally FSA will not authorize travel or per diem for meetings with
NASCOE or State affiliate officials. FSA
may authorize official travel and per diem if the meeting is called by
management, and the subject of the meeting is primarily in the interest of FSA
when engaged in (but not limited to) activities such as; preventing accidents,
improving communications, ensuring equal opportunities, and maintaining
employee productivity and morale. The
State Committee or State Executive Director must approve authorization for
official travel within the State.
Authorization for travel to meetings outside the State requires approval
of the Deputy Administrator, Program Delivery and Field Operations. All approval memorandums will state that the
travel is for the primary benefit of FSA and explain the basis for such
finding.
NASCOE
may be granted permission to use official space for meetings during non-duty
hours. Management will permit the use of
office equipment and space when available and in instances where such use will
not conflict with the performance of official functions. Official space, when available at no added
cost, may be used for NASCOE files.
NASCOE is responsible for exercising reasonable care in the use of such
equipment and facilities.
This agreement is effective upon written approval by USDA, FSA, and
NASCOE. USDA, FSA, or NASCOE may open
the provisions of this agreement for amendment at any time. Such modifications shall become effective
only after written approval by USDA, FSA, and NASCOE.
This
agreement will terminate, subject to re-negotiation, on
LABOR-MANAGEMENT RELATIONS
AGREEMENT
between
The North Dakota Farm Service
Agency
(FSA)
and
The North Dakota Association of
FSA County Office Employees
(NDASCOE)
This amends paragraph 19 of the agreement between North
Dakota FSA and NDASCOE effective
This
agreement will terminate, subject to re-negotiation, on
For the North Dakota Association of FSA County Office
Employees
_/s/ Nicolette N Miranowski________________ __09/16/2004_
President, NDASCOE Date
_/s/ Joan Shockman______________________ __09/16/2004_
Chairperson, ND State
FSA Committee Date
__/s/ Gary J Nelson______________________ __09/16/2004_
State Executive
Director, ND FSA Date