Common use of DURATION AND CHANGES Clause in Contracts

DURATION AND CHANGES. S ection 1: This Agreement as executed by the Parties will go into effect upon DoD approval, or on the 31st day after execution if DoD has not approved or disapproved the Agreement. Once effective, the Agreement shall remain in full force and effect for a period of three (3) years from the effective date of its approval by the Employer. On the written request of either Party, it is agreed that both Parties shall meet to commence negotiations on a new agreement or a renewal of this Agreement on the first workday on or after the 90th day prior to the expiration date of this Agreement. Further, it is provided that this Agreement shall terminate at any time it is determined that the Union is no longer entitled to exclusive recognition under Chapter 71 of Title 5 U.S. Code. S ection 2: This Agreement is subject to opening only as follows: a. Amendment(s) may be required because of changes made in applicable laws, Executive Orders, or regulations after the effective date of this Agreement. In such event, the Parties will meet for the purpose of negotiating such language that will meet the requirements of such laws, Executive Orders, or regulations. Such amendment(s) as agreed to will be duly executed by the Parties and become effective on a date or dates agreed to as being appropriate under the circumstances. b. The Agreement may be opened for amendment(s) by the mutual consent of both Parties at any time after it has been in force and effect for at least six (6) months. Requests for such amendment(s) by either Party must be in writing, or via electronic communication, and must include a summary of the amendment(s) proposed. The Parties shall meet within 30 calendar days after receipt of such notice to discuss the matter(s) involved in such request(s). If the Parties agree that opening is warranted on any such matter(s), they shall proceed to negotiate on amendment(s) to same. No changes shall be considered except those bearing directly on the subject matter(s) agreed to by the Parties. Such amendment(s) as agreed to will be duly executed by the Parties. c. It shall be opened for amendment(s) upon the written request of either party made within thirty (30) calendar days after receipt by either party of any order, instruction, or regulation of the Office of Personnel Management and DoD, which substantially alters the discretionary authority of the Employer with regard to any item dealt with in this Agreement. Requests for such amendment(s) must include a summary of the amendment(s) proposed and make reference to the appropriate order, regulation, or instruction upon which each such amendment(s) request is based. The Parties shall meet within 30 calendar days after receipt of such request to open negotiations on such matters. No changes shall be considered except those bearing directly on and falling within the scope of such order, regulation, or instruction, and discretionary area(s) which the same delegates to the Employer.

Appears in 1 contract

Sources: Negotiated Agreement

DURATION AND CHANGES. S ection Section 1: This Agreement as executed by the Parties will go into effect upon DoD approval, or on the 31st day after execution if DoD has not approved or disapproved the Agreement. Once effective, the Agreement shall remain in full force and effect for a period of three (3) years from the effective date of its approval by the Employer. DOD, Washington, D.C. On the written request of either Party, it is agreed that both Parties shall meet to commence negotiations on a new agreement or a renewal of this Agreement on the first workday on or after the 90th day prior to the expiration date of this Agreement. Further, it is provided that this Agreement shall terminate at any time it is determined that the Union is no longer entitled to exclusive recognition under Chapter 71 of Title 5 U.S. Code. S ection VII, Public Law 95-454. Section 2: This Agreement Agreement, except for its duration period as specified in Section 1 of this Article, is subject to opening only as follows: a. Amendment(s) may be required because of changes made in applicable laws, Executive Orders, or regulations after the effective date of this Agreement. In such event, the Parties will meet for the purpose of negotiating such language that will meet the requirements of such laws, Executive Orders, or regulations. Such amendment(s) as agreed to will be duly executed by the Parties and become effective on a date or dates agreed to as being appropriate under the circumstances. b. The Agreement It may be opened for amendment(s) by the mutual consent of both Parties at any time after it has been in force and effect for at least six (6) months. Requests for such amendment(s) by either Party must be in writing, or via electronic communication, writing and must include a summary of the amendment(s) proposed. The Parties shall meet within 30 fourteen (14) calendar days after receipt of such notice to discuss the matter(s) involved in such request(s). If the Parties agree that opening is warranted on any such matter(s), they shall proceed to negotiate on amendment(s) to same. No changes shall be considered except those bearing directly on the subject matter(s) agreed to by the Parties. Such amendment(s) as agreed to will be duly executed by the Parties. c. It shall be opened for amendment(s) upon the written request of either party made within thirty (30) calendar days after receipt by either party of any order, instruction, or regulation of the Office of Personnel Management, DOD, Department of the Navy, and the Office of Civilian Personnel Management and DoD, which substantially alters the discretionary authority of the Employer with regard to any item dealt with in this Agreement. Requests for such amendment(s) must include a summary of the amendment(s) proposed and make reference to the appropriate order, regulation, or instruction upon which each such amendment(s) request is based. The Parties shall meet within 30 fourteen (14) calendar days after receipt of such request to open negotiations on such matters. No changes shall be considered except those bearing directly on and falling within the scope of such order, regulation, or instruction, and discretionary area(s) which the same delegates to the Employer. Such amendment(s) as agreed to by the Parties will be duly executed by the Parties. Section 3: Any amendment(s) to this Agreement agreed upon by the Parties shall be reproduced by the Employer and distributed on the same basis as set forth in the Article on publicizing the Agreement. Section 4: No agreement, alteration, understanding, variation, waiver or modification of any terms or conditions contained herein shall be made by any employee or group of employees with the Employer, and in no case shall it be binding upon the Parties hereto until, such agreement is made and executed in writing between the Parties hereto, and approved by the DOD. Section 5: The waiver of any breach or condition of this Agreement by either Party shall not constitute a precedent in the future enforcement of all the terms and conditions herein.

Appears in 1 contract

Sources: Negotiated Agreement

DURATION AND CHANGES. S ection Section 1: . This Agreement as executed by the Parties will go into effect upon DoD approval, or on the 31st day after execution if DoD has not approved or disapproved the Agreement. Once effective, the Agreement agreement shall remain in full force and effect for a period of three (3) years from the effective date of its approval by the Employeragency head or the appropriate designee. On the written request of either Party, it is agreed that both Parties shall meet to commence negotiations on a new agreement or a renewal of this Agreement on the first workday on or after the 90th day prior to the expiration date of this Agreement. Further, Further it is provided that this Agreement shall terminate at any time it is determined that the Union is no longer entitled to exclusive recognition under Chapter 71 the law. Unless otherwise agreed by the parties, negotiations on a new agreement shall convene not more than ninety (90) or less than sixty (60) days prior to the expiration date of Title 5 U.S. Codethis Agreement. Section 2. S ection 2: This Agreement Agreement, except for its duration period as specified in Section 1 of this Article, is subject to opening only as follows: a. Amendment(s) may be required because of changes made in applicable laws, statutes or Executive Orders, or regulations Orders after the effective date of this Agreement. In such event, the Parties parties will meet for the purpose of negotiating such new language that will meet the requirements of such laws, laws or Executive Orders, or regulations. Such amendment(s) as agreed to will be duly executed by the Parties parties and become effective on a date or dates agreed to as being appropriate under the circumstances. b. The Agreement It may be opened for amendment(s) by the mutual consent of both Parties parties at any time after it has been in force and effect for at least six one (61) monthsyear. Requests for such amendment(s) by either Party party must be in writing, or via electronic communication, written and must include a summary of the amendment(s) proposed. The Parties parties shall meet within 30 calendar ten (10) work days after receipt of such notice to discuss the matter(s) involved in such request(s). If the Parties parties agree that opening is warranted on any such matter(s), they shall proceed to negotiate on amendment(s) to same. No changes shall be considered except those bearing directly on the subject matter(s) agreed to by the Partiesparties. Such amendment(s) amendments as agreed to will be duly executed by the Partiesexecuted. c. It Not earlier than six (6) months after the effective date, it shall be opened for amendment(s) amendment upon the written request of either party made within thirty (30) calendar days after receipt by either such party of any orderOrder, instructionInstruction, or regulation Regulation of the Office of Personnel Management and DoDManagement, Department of Defense or Department of the Army, which substantially alters the discretionary authority of the Employer with regard to any item dealt with in this Agreement. Requests for such amendment(s) must include a summary of the amendment(s) proposed and make reference to the appropriate orderOrder, regulationRegulation, or instruction Instruction upon which each such amendment(s) amendment request is based. The Parties parties shall meet within 30 fourteen (14) calendar days after receipt of such request to open negotiations on such matters. No changes shall be considered except those bearing directly on and falling within the scope of such orderOrder, regulationRegulations, or instruction, Instruction and the discretionary area(s) which the same delegates to the Employer. Such amendment(s) as agreed to by the parties will be duly executed by the parties. Section 3. Any amendments to this Agreement as agreed upon by the parties shall be promptly reproduced and distributed in the same manner as the basic Agreement. Section 4. No agreement, alteration, understanding, variation, waiver, or modification of any terms or conditions contained herein shall be made by an Employee or group of Employees with the Employer, and in no case shall it be binding upon the parties hereto unless such agreement is made and executed in writing between the parties hereto and the same has been ratified by the Union and approved in accordance with provisions of Section 7114 of the Statute. Section 5. The waiver of any breach of condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all the terms and conditions therein. Section 6. Where the renegotiation of this Agreement is pending or in process and the parties are unable to complete such renegotiation by the expiration date of the Agreement, the provisions of the Article shall continue to be effective until whichever of the following events occurs first: (a) a new agreement has been approved; (b) the impasse resolution procedures have been exhausted, or (c) the Union has lost its representation rights.

Appears in 1 contract

Sources: Labor Management Agreement

DURATION AND CHANGES. S ection SECTION 1: . This Agreement as executed by the Parties will go into effect upon DoD approval, or on the 31st day after execution if DoD has not approved or disapproved the Agreement. Once effective, the Agreement shall remain in full force and effect for a period of three (3) years from the effective date of its approval by the EmployerAgency Head. On the written request of either Partyparty, it is agreed that both Parties the parties shall meet to commence negotiations on a new agreement or a renewal of this Agreement on the first workday on or after the 90th day Agreement, and ground rules if necessary, at least sixty (60) but not earlier than one hundred and eighty (180) calendar days prior to the expiration date of this Agreement. Should neither party request negotiations for a replacement agreement upon expiration of this Agreement, the Agreement shall be automatically extended for one additional period of 18 months before expiration. SECTION 2. The Agreement, except for its duration period as specified in Section 1 of this Article, is subject to opening as may be required because of changes in applicable laws and regulations of higher authority after the date of this Agreement. In this event, the parties will meet for the purpose of negotiating new language that will bring the Agreement into conformity with the new requirements. Such amendments shall be duly executed by the parties and will become effective on a date the amendment is approved by the Agency Head. SECTION 3. Upon approval, copies of this Agreement and amendments thereto shall be promptly placed on the Employer’s intranet. SECTION 4. Termination of this Agreement will not in and of itself terminate the recognition granted to the Union. Further, it is provided that this Agreement shall terminate at any the time it is determined that the exclusive recognition granted to the Union is no longer entitled to exclusive recognition under Chapter 71 of Title 5 U.S. Codeterminated. SECTION 5. S ection 2: This Agreement is subject to opening only shall be effective as follows: a. Amendment(sof the date of approval by the Head of the Agency in accordance with 5 U.S.C. 7114(c) may be required because of changes made in applicable laws, Executive Orders, or regulations after on the effective date 31st day following execution of this Agreement, whichever is sooner. In such event, Should the Parties will meet for the purpose of negotiating such language that will meet the requirements of such laws, Executive Orders, or regulations. Such amendment(s) as agreed to will be duly executed by the Parties and become effective on a date or dates agreed to as being appropriate under the circumstances. b. The Agreement may be opened for amendment(s) by the mutual consent of both Parties at any time after it has been in force and effect for at least six (6) months. Requests for such amendment(s) by either Party must be in writing, or via electronic communication, and must include a summary Head of the amendment(sAgency disapprove any provision(s) proposed. The Parties shall meet within 30 calendar days after receipt of such notice to discuss the matter(s) involved in such request(s). If the Parties agree that opening is warranted on any such matter(s), they shall proceed to negotiate on amendment(s) to same. No changes shall be considered except those bearing directly on the subject matter(s) agreed to by the Parties. Such amendment(s) as agreed to will be duly executed by the Parties. c. It shall be opened for amendment(s) upon the written request of either party made this Agreement within thirty (30) calendar days after receipt by either party of any order, instruction, or regulation of the Office execution of Personnel Management and DoDthis Agreement, which substantially alters the discretionary authority remainder of the Employer with regard to any item dealt with Agreement will become effective and in this Agreement. Requests for such amendment(s) must include a summary full force on the date of the amendment(s) proposed and make reference to the appropriate order, regulation, or instruction upon which each such amendment(s) request is based. The Parties shall meet within 30 calendar days after receipt Agency Head disapproval of such request to open negotiations on such matters. No changes shall be considered except those bearing directly on and falling within the scope of such order, regulation, or instruction, and discretionary area(s) which the same delegates to the Employerprovisions(s).

Appears in 1 contract

Sources: Labor Management Relations Agreement