To:        All District Managers

            /s/

Subject:    FSIS Notice to NJC on Bargaining over Permissive Areas

By now you all should have received a copy of the Agency's notice to the National Joint Council (NJC) informing the Union that the Agency exercises it's right to no longer be bound by supplemental agreements to the National Contract.  This essentially means that all side agreements entered into with the Union that were not negotiated at the level of formal recognition between the parties, namely the Agency Headquarters and the National Joint Council of Food Inspection Locals American Federation of Government Employees, AFL-CIO, are hereby rescinded and declared nonnegotiable.

From an operational standpoint, FSIS managers and supervisors must be aware that all agreements including, structure of assignments, leave rosters, detail rosters, overtime rosters, rotation rosters, pull patterns, and lateral reassignments will no longer be in effect of February 11, 2002.

The procedures that are in place from these expired agreements (both oral and in writing) will remain the same for the time being.  Although you will continue to follow the procedures in place at this time, you must not continue to honor the supplemental agreements containing the procedures after February 11, 2002.

On the other hand, supplemental agreements addressing the section of candidates for the Food Safety Education Program and pre-decisional involvement of the Union in the structuring of assignments must be discontinued on February 11, 2002 and thereafter.

In the event that you are asked to bargain with the Union after February 11, 2002, advise your Union representatives that you will no longer engage in consultations or negotiations.  Also, advise them that all proposals to bargain over terms and conditions of employment must be addressed to the Director of the Labor and Employee Relations Division (LERD).  Moreover, the Director of LERD will not accept any proposals to bargain that are forwarded by someone other than a Union representative from the national level of recognition.

Should you desire a change in working conditions, you must forward a request to my office and await further instructions.

A copy of this memorandum may be shared with your supervisory personnel.  The NJC Council Chairman will also receive a copy of this memorandum as a continuation of the Agency's advance notice to the Union of these changes.  The memorandum is not to be distributed to local Union representatives or members of the bargaining unit.

cc:      Delmer Jones