Memorandum of Understanding Between the U. S. Department of Labor, Occupational Safety and Health Administration [OSHA] and National Committee of Field and Labor Locals [NCFLL]
Introduction
This Memorandum of Understanding (MOU) is entered into between the U.S., Department of Labor, Occupational Safety and Health Administration [OSHA] and National Committee of Field and Labor Locals [NCFLL] in accordance with the applicable provisions of the master DOL-NCFLL Agreement.
Subject
This MOU is regarding the consolidation of the location, functions, and staff of the Occupational Safety and Health Administration’s (OSHA) Cincinnati Technical Center (CTC) and Salt Lake Technical Center (SLTC), into a single OSHA Technical Center (OTC) based in Sandy, Utah.
Background
This reorganization will improve the efficiency of OSHA’s operations, reduce the agency’s operating costs, and maximize currently leased space following the departure of OCIO staff previously on site at SLTC. This will secure the agency’s mission to ensure the safety and health of workers in the United States and its territories while improving operational efficiency and use of government resources.
Currently, the CTC provides technical and operational services for OSHA’s safety and health measurement instruments, equipment, and supplies. SLTC currently conducts extensive analyses, testing, and workplace studies to evaluate the existence of hazards and compliance with OSHA regulations. SLTC also maintains the capacity to provide emergency field response to support the Regional and Area Offices. While both technology centers provide key operational and compliance support, the current structure is not conducive to maximizing the agency’s resources, logistics, and operations. Additionally, due to continually improving equipment technologies, emerging technologies, and service overlap, the work of both technical centers can now be completed in one location. While the NCFLL does not concur with the plan to relocate CTC, it enters into this MOU with the Department to achieve the most effective appropriate arrangements and procedures possible to serve the interests of its bargaining unit employees.
Terms of Agreement
The terms of the agreement cover three topical groups of provisions as follows:
A. General Provisions
B. Provisions related to relocation and/or career transition of employees.
C. Provisions related to Space.
A. General Provisions
1. Management agrees to provide individual counseling for the impacted CTC employees concerning eligibility for:
• Career transition assistance
• Separation incentives (if available)
• Rehiring selection priority
• Severance pay
• Retirement
• Retraining
• Unemployment compensation
• PCS Allowances
1. The parties agree that the continuation of field support activities at both locations will remain in effect until the completion of the consolidation which will occur no later than December 1, 2024.
2. The parties agree that management will adhere to Article 43, Section 7 of the Parties’ CBA.
3. Subject to budgetary constraints, applicable law and regulation, the parties agree that management will make best efforts to provide relocation incentives to impacted CTC employees who agree to accept management directed reassignments to the SLTC, up to 10% of salary.
4. The parties agree that the consolidation of CTC and SLTC does not impact the classification of positions as it relates to the FAIR Act Inventory.. Management will make best efforts to advertise three Federal vacancies in Sandy, UT, within 60 days of the signing of this MOU.
5. The parties agree that the Management Program Analyst position at CTC is currently on a remote work agreement and will not be required to relocate to the Salt Lake Technical Center as a part of this consolidation.
6. The parties agree that management will explore temporary duty assignments (TDY) for impacted CTC staff but will not require impacted CTC staff to accept TDY.
7. Standard operating procedures (SOPs) to be adopted may be pre-existing from either of the two technical centers, or new SOPs may be written to reflect the combined activities of the new technical center organization. If new SOPs are created that would change a condition of employment after the reorganization Article 4 of our CBA will be applied.
B. Provisions related to career transition and/or relocation of employees.
2. Management will offer transitional services to employees which may include coaching support, employee assistance program and career counseling services.
3. For the purposes of this MOU, impacted CTC employees will be given priority
consideration for a hardship transfer to vacant positions for which they qualify within all DOL. Management agrees to survey all DOL agencies within the employee’s desired locality.
4. Management agrees to review the resumes of CTC employees affected by the SLTC/CTC consolidation for transferable skills to vacant positions within all DOL agencies in the employees desired locality.
5. An agency may modify or even waive minimum qualification requirements if the agency finds an employee has the capacity, adaptability, and special skills needed to perform the duties of a vacant position.
6. For the purposes of this reorganization, management will approve duty time to impacted CTC employees for job search activities (not to exceed 40 hours in Calendar Year 2024). Any interviewing time with a DOL agency will not be counted against this activity. Employees will provide advance written notice to their supervisors to request use of this duty time.
7. On the final signature date of the MOU, Management will provide all impacted CTC Bargaining Unit Employees (BUEs) who are proposed to receive management directed reassignments (with a copy to the NCFLL bargaining team) with a .pdf copy of currently advertised Federal vacancies on USAJobs in the Cincinnati area as of that date. The parties agree that BUEs are solely responsible for applying for any jobs in which they are interested.
8. Impacted CTC employees will be offered training on best practices for navigating USAJobs, including how to complete a job application, and resume.
9. If an impacted CTC BUE accepts a management-directed reassignment to Sandy, UT, the employee is entitled to pay retention pursuant to 5 CFR 536.
10. If a BUE declines a management-directed reassignment, Management will provide the BUE with a Notice of Proposed Removal for declining a directed geographic relocation outside the local commuting area (e.g. a directed reassignment or a change in duty station) within seven calendar days. Following receipt of the Notice of Proposed Removal, the BUE will be eligible for priority selection in accordance with both the lnteragency Career Transition Assistance Program (ICTAP) and the Career Transition Assistance Program (CTAP). The parties agree that BUEs are solely responsible for applying to any jobs for which they want to be considered and properly complete the application, including identifying that they are CTAP and ICTAP eligible. The parties further agree that the affected BUEs can use a reasonable amount of duty time for these purposes.
11. Once a Notice of Proposed Removal has been issued, management agrees to place the proposal in abeyance and not issue a Decision to Remove until December 1, 2024, or the affected employee takes another job or leaves the DOL.
12. For those employees who will receive management-directed reassignment letters and who have submitted official retirement paperwork by, June 30, 2024, to retire no later than December 1, 2024, management will issue the reassignment letters
but will hold those management-directed reassignments in abeyance, assuming the employees accept the management-directed reassignments. If the employee does not retire by the date on the official retirement paperwork they've submitted, the management-directed reassignment letters go into effect and employees are expected to report to their management-directed reassigned location on December 1, 2024.
a) In the event the employee declines the management directed reassignment, and has submitted official retirement paperwork by July 31, 2024, to retire no later than, December 1, 2024, management may issue a Notice of Proposed Removal for failure to accept a management-directed reassignment BUT will hold the decision in abeyance. lf the employee does not retire by the date on the paperwork they've submitted, the removal will be effected no less than 30 days after the Proposal was issued. If the employee retires, the Notice of Proposed Removal will be destroyed.
b) The parties agree and understand that employees who are pending official retirement date is on or before December 1, 2024, and whose management directed reassignments or removal actions are held in abeyance are not entitled to per diem because their duty station will remain in Cincinnati, OH.
c) The parties agree and understand that employees who are pending official retirement date on or before December 1, 2024, may still be physically located in CTC.
d) Management will notify employees who are removed from Federal service by involuntary separation of their eligibility, or lack thereof, for severance pay in accordance with OPM guidelines.
e) Management will notify employees who are removed from Federal service by involuntary separation of their eligibility, or lack thereof, for discontinued service retirement in accordance with OPM guidelines.
f) Employee Permanent Change of Station (PCS) expenses will be paid consistent with the Federal Travel Regulations and the Relocation Travel Guide for Department of Labor Employees.
13. Management agrees to reimburse travel expenses, for up to six work days (days one and eight will be for travel), for all impacted CTC employees to visit the SLTC, to properly evaluate a move to the Sandy, Utah commuting area. Employees will be expected to report to the SLTC for planned activities and a tour of the facilities. Per diem and lodging will be reimbursed for any weekend days but employees are not on duty time on non-workdays, unless the employee is on approved travel.
C. Provisions Related to Space
1. Existing engineering support service, maintenance, and repair activities of the CTC will be transitioned in an orderly fashion after space, qualified personnel, and necessary equipment to operate a specific support line is in place at the Sandy
location. Management agrees to provide NCFLL 21 calendar days’ notice prior to the proposed movement of a specific engineering support line. Management requests that NCFLL provide any input or feedback within 14 calendar days of notice so that management can consider that input prior to the movement.
2. Employees who are management directed to Sandy, UT, will be provided a cubicle space. The NCFLL will determine seniority to be used.
3. Employees who are management directed to Sandy, UT, will not be required to pay for the shipment of their workspace or any work-related equipment.
4. For the physical move of equipment from CTC to SLTC, impacted CTC employees will not be required to move any furniture, equipment, supplies or to connect or disconnect any computer or peripherals. CTC employees may be required to assist in packaging equipment to ensure equipment is not damaged in transit.
5. Space will be made available in a room to be constructed in the Northwest corner of the Sandy building’s open office area and/or if necessary, room 232 until this new room is ready within the Sandy facility with equal or greater square footage and shelf space for the pre-existing storage functions of room 203. This new room will cover the footprint of 16 cubicles shown in the attached building plans as identified with red lines. Management and NCFLL will follow Article 11 regarding the buildout of the new room. To the extent possible, room 158 may be used to consolidate HRT equipment and supplies. If more space is required, management will provide notice to NCFLL in accordance with Article 4 and 11. Management will work with the NCFLL on configuration and any other adjustments to the space, as appropriate. Room 193 at the Sandy location will also be used in Agency Expendable Supply Program (AESP) processes. Current activities in that room (checking in chemicals) will remain in that room. Other rooms at the Sandy location may also be used for AESP functions, subject to NCFLL involvement and bargaining, if appropriate. Management agrees to provide NCFLL 14 calendar days’ notice for input or feedback when existing SLTC functions other than those occurring in the rooms noted above are affected by such use, as the needs for additional AESP space arise. Space will be made available within the Sandy facility with equal or greater total work bench square footage vacated by CTC in Cincinnati, Ohio. Engineering support functions of the CTC will be transitioned to appropriate space at the Sandy location. Rooms 175 and 210 at the Sandy location have been identified for current CTC functions.
6. The administrative consolidation (reporting structures) of two technical centers to a single operational organization will occur following the effective date of this MOU upon the start of the next pay period, or if less than 14 calendar days the start of the following pay period.
7. As described in Section C.1. and C.10. of this agreement, management will work with the NCFLL to determine which equipment is shipped from the CTC location to the Sandy, UT location and final disposition of equipment and supplies.
8. Before any equipment is installed the SLTC Joint Safety and Health Committee will ensure a hazard assessment is conducted.
9. Upon the NCFLL’s request, management will meet at least monthly with the NCFLL
to provide updates on the progress of the consolidation. Nothing precludes meeting sooner or more often as is necessary.
10. The effective date of this MOU will be upon final signature.
11. If management determines that it requires additional storage space for equipment or workspace for staff, it will provide notice to the NCFLL in accordance with Articles 4 and 11 of the NCFLL/DOL CBA.
12. This MOU establishes no precedent for any other agreement, practice, or procedure.