MEMORANDUM OF UNDERSTANDING

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1 MEMORANDUM OF UNDERSTANDING This Agreement is between the Environmental Protection Agency, Region 9 (EPA or Region 9) the National Treasury Employees Union Chapter 295 (NTEU) and Engineers and Scientists of California Local 20 (ESC) concerning Region 9 s workplace renovation project, which has also been known as the Region 9 Space Planning Project. The full and complete terms of this agreement related to the renovation of the workspace located at 75 Hawthorne Street, San Francisco, California are as follows: Employee Workstations 1. Full-time EPA employees who are scheduled to work 3 or more days per week at 75 Hawthorne Street will be assigned a workstation of approximately 60 square feet, also called a typical workstation. All other employees, grantees, and contractors will either be assigned or will share approximately 30 square-foot touchdown workstations. 2. Typical workstations will be built in two different configurations. Goal: 33% Concentrative Goal: 67% Collaborative workstations workstations per floor per floor Workstation panels will be 60 Workstation panels will be 54 tall on tall, of solid material, on three three sides; the spine panel will be 54 sides solid panel, and the side panels will be 42 solid panels topped with 12 frosted glass_panels_totaling_54 4th side of workstation may be freestanding furniture. 3. Typical workstations will have approximately 15 linear feet of storage. 4. Region 9 will ask selected furniture vendor in its installation drawings to maximize the number of typical workstations near windows, and relocate more touchdown workstations towards the interior core of the office. 5. Unions will schedule monthly meetings with the Region 9, Regional Administrator to get updates from the Lease/Building Coordinator and others as necessary on the status of renovation items such as schedule and budget. 6. Unions will be given a space procurement-related budget briefing from the Comptroller not later than January Region 9, with the Unions input, will conduct a post-build-out survey to determine organizational satisfaction with the renovated space. 1 of 5

2 Document Management 8. The consolidated Regional Record Center (RRC) will provide approximately 25,000 linear feet of storage. 9. Management accountability for records compliance will be enhanced through senior management messaging and training for all staff. 10. Records compliance will be reflected in Senior Manager Critical Job Elements (CJE s.) 11. The move to swing space will be timed to the readiness of the RRC to accept documents. 12.Any requests made by the Management and Technical Services Division (MTSD) in writing to Headquarters (HQ) for equipment or other needs to accommodate paper or digital records will be supported by NTEU and ESC in writing to HQ, presuming the Unions are provided at least three business days advance notice of the request,. 13. Region 9 with Union input will determine if some workstation space can be redesignated for additional storage space on the floors. 14. Establish a Records Advisory Committee ( RAC ). A joint Labor-Management committee will be established to review the adequacy of records management protocols and storage space for records in the renovated space and recommendation solutions to the Regional Administrator. a. Committee Members. The RAC will be comprised of two Union representatives and two Management representatives, and one member who is staff from the National Archives and Records Administration (NARA) through the Region s Interagency Agreement (lag). MTSD will assure adequate funding exists in the NARA lag to support this additional function. b. Charge & Purpose. The RAC is to determine adequacy of storage space and protocols for records in new space, particularly on the floors and recommend how to address any shortage. For instance, the RAC may review the current status of document management in Region 9, evaluate plans for physical and digital document management, and assure access to active materials during and after the renovation. Regional subject matter experts including staff from MTSD and ORC may be called upon for support during the analysis. All RAC members and consulted experts will be provided reasonable official time for this effort. c. The options the RAC may consider and recommend to address any shortage of storage space for records will not include expanding the footprint of the RRC beyond the approximately 25,000 linear feet of records planned for the renovated space. 2 of 5

3 d. The RAC will brief the Regional Administrator of its scope and preliminary findings in January, The RAC will present its findings and recommendations to the Regional Administrator by not later than the end of February, Renovation-related Disputes 15.An Alternate Dispute Resolution (ADR) committee will be formed, within thirty days of full execution of this Agreement, to evaluate and help resolve cases in which management has determined that disciplinary action may be the next appropriate step in a Clear the Clutter (CTC) or other renovation related issue before any discipline is proposed. a. Committee Members: The ADR committee will consist of one Union representative, one Management representative, and one at large party of mutual agreement. b. It is understood both supervisor and staff person will be present at the ADR committee meeting to discuss their specific matter. c. In the case of CTC issues, after normal discussion with the first line supervisor: i. After attempting to comply with CTC requirement, an employee may file a request for a waiver with his/her Division Director to justify box volume in excess of the CTC limit. Waiver requests are premised on the volume being work related files, records, technical reference materials and public outreach documents that are work-related. ii. Failing satisfactory resolution through the waiver request, the employee can request the ADR committee to hear their case. d. Traditional mechanisms for problem resolution (grievance, EEC, other) will still be open if the ADR committee outcome does not satisfy either management or the employee. e. During the time period between December 1, 2012 and the formation of the ADR committee, Region 9 will hold in abeyance any proposed disciplinary action in CTC cases where an employee has attempted to comply with CTC requirements and management has determined disciplinary action may be the Union Space. 11/ next appropriate step. For purpose of this process, warning letters are not considered discipline or disciplinary actions. 16. Union Offices. NTEU and ESC will each be provided with one 120 square foot office. Each union s office will be furnished as any other office, including IT equipment, phones, and lockable storage. To the extent the Union Office on the 19th floor that is currently shared by NTEU, ESC and AFGE must be vacated before new office space is ready for occupancy, adequate swing space and lockable storage will be provided. 3 of 5

4 17. Union Conference Space: The Unions will be allowed to reserve regular blocks of time in the approximately 450 square foot Regional Records Center Conference room for their regularly scheduled meetings. The conference room will be available to others (including the Unions) outside of those regularly reserved times. If the room has already been reserved by someone other than the Union and the Union has a meeting that cannot be accommodated in the Union office, the Union must provide at least one workday advance notice to the other party to use the room. Special Spaces 18. Federal Fitness Center: The new fitness center will occupy approximately 5,200 square feet. Region 9 is committed to setting aside $40,000 for equipment related expenses. Such amount is in addition what Region 9 committed to other Unions for equipment-related expenses. 19. Child Care Center. The child care center will occupy approximately 7,200 square feet, designed for approximately 70 children. 20. The following special spaces will be retained: a. Conference Center b. Training Center c. Environmental Information Center (EIC) Library d. Bicycle storage area e. Health unit f. Emergency Response Center g. Café/Food Cart h. 11th Floor Lunch room Swing Space Transition 21.The parties agree to use the R9 Labor Management Partnership Council (LMPC) to work out the details of the planned swing space transition. Employee Workstation Assignments III III 22. LMPC will work out the details of employee workstation assignments. It is understood, however, that employees who are scheduled to regularly telework three or more days a week will not have their own assigned work space but rather will have access to and use unassigned 30 square foot workstations located throughout each floor when they are working at 75 Hawthorne Street. 4 of 5

5 Accommodation for Workplace Safety and Personal Dignity 23.To the extent permitted by budget and applicable building codes, the design intent drawings developed by MAP will take into consideration the inclusion of translucent or clear glass or plexi-glass panels on doors to offices, pantries, copy rooms, restrooms, conference rooms, stairwells, and other enclosed areas to reduce collisions at such doors. 24. Measures will be taken such that doors, entryways or windows of workstations or offices will not have a direct line of sight to restrooms, copy rooms or pantry area. Acoustics 25. Subject to budget and reasonable accommodations, Region 9 agrees: a. to the development of an acoustic plan to ensure that the design will provide the maximum acoustic privacy possible b. to provide white/pink noise devices and other items to address acoustic privacy at an employee s request. Long-term Collaboration. 26. Management and unions will jointly attend Interest-Based Bargaining training. FOR THE AGENCY: FOR UNION: -~ Pai~ JED BLUMENF, Regional Administrator PATRICK CHAN, President ~øa, Region 9 NTEU, Chapter 295 ~ Date: 2e.~~Li40~, 6~t ~ Date: Z~ectom1ir 2~D~ 2-0/2- WENDELL SMITH, Preside t ESC, Local 20 5 of 5 Date: ~_~v1 2

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