ARTICLE 1

**COVERAGE AND RECOGNITION**

**Section 1.01 - Recognition**.

\(1\) The Union is recognized as the sole and exclusive representative
for all bargaining unit employees as defined in the following Sections
of this Article.

\(2\) As the sole and exclusive representative, the Union is entitled to
act for and to negotiate agreements covering all employees in the
bargaining unit. The Union is responsible for representing all employees
in the bargaining unit without discrimination and without regard to
Union membership.

\(3\) Management agrees that in regard to the bargaining unit, it will
not enter into other agreements, understandings, or contracts with any
other organization, association, group of employees, or union on matters
concerning the conditions of employment of the bargaining unit.

\(4\) Management and the Union agree that, in regard to the bargaining
unit, they will not do anything by custom or practice that will
contravene or violate this Agreement. The parties recognize that changes
may be made to this Agreement when required by law, Government-wide
regulation, or other appropriate authority outside the Department, such
as the Comptroller General.

**Section 1.02 - Bargaining Unit**. Bargaining unit employees include
all eligible employees of the offices listed on the description of the
consolidated unit which is attached as Appendix A.

\(1\) The Union represents employees in a nonprofessional unit and a
professional unit as described in Appendix A.

\(2\) \"Professional employee\" is defined by Public Law 95‑454 (Title
VII of the Civil Service Reform Act of 1978 (5 U.S.C. 7103)). Examples
of \"professional\" positions in the Department\'s professional unit
are: accountants, architects, attorneys, engineers, and economists, as
well as other similar fields.

**Section 1.03 ‑ Position Exclusions**. The following groups of
employees are excluded from the units:

\(1\) Any management official or supervisor;

\(2\) A confidential employee;

\(3\) An employee engaged in personnel work in other than a purely
clerical capacity;

\(4\) Any employee primarily engaged in investigation or audit functions
relating to the work of individuals employed by an agency whose duties
directly affect internal security of the agency, but only if the
functions are undertaken to ensure that the duties are discharged
honestly and with integrity; and

\(5\) Temporary employees with appointments not to exceed six (6) months
or less.

**Section 1.04 ‑ Scope and Future Application**. If the Union, in the
future, becomes certified as exclusive representative for employees of
the Department not now included with the bargaining unit, this Agreement
shall extend automatically to those employees. Management and the Union
agree that when a new group of employees is added to the bargaining
unit, any past practices that exist with respect to those employees
shall continue unless such practices contravene or violate specific
provisions of this Agreement, any law, Governmentwide regulation, or
other appropriate authority outside the Department. If the past practice
is discontinued, the Union shall be given an opportunity to bargain in
accordance with the Statute.

With regard to past practices in existence at the time of the execution
of this Agreement, those practices shall be discontinued if such
practices contravene or violate specific provisions of this Agreement,
any law, Governmentwide regulation, or other appropriate authority
outside the Department. If any past practice is discontinued, the Union
shall be given an opportunity to bargain in accordance with the Statute.

**Section 1.05 ‑ Exclusions from the Unit**. If Management makes the
decision to exclude any position from the existing bargaining unit as it
stands on the effective date of this Agreement, before Management takes
the action, the Local Union representative shall first be notified. Upon
receipt of the notice, the Local Union representative may meet with
Management within five (5) working days to attempt to resolve the
matter. If the matter is not resolved, either party may follow the
applicable Federal Labor Relations Authority (FLRA) procedures.