MEMORANDUM OF AGREEMENT 

GROUND RULES FOR LOCAL NEGOTIATIONS 

BETWEEN 

DLA Headquarters and DLA Energy covered by AFGE 

AND 

American Federation of Government Employees (AFGE) Local 2449 

1. Representatives of the AFGE Local 2449, hereinafter referred to as the "Union," and 

representatives of DLA Headquarters, DLA Energy, to include DLA Energy employes 

located at Houston, TX, hereinafter referred to as the Employer, and jointly referred to as 

the "Parties." 

2. The Parties agree that these ground rules shall govern the conduct of all local negotiations, 

in accordance with Articles 5 and 38 of the Master Labor Agreement (MLA) dated 

September 2022, between the Union and the Employer during the term of the MLA. 

3. Each party shall be responsible for appointing their respective team members. The 

Employer will determine the number of members of its negotiating team, the Union will 

be entitled to an equal number. The number of AFGE Local 2449 negotiating members 

will not exceed the number of Employer negotiating team members. 

4. Union members of the Negotiating Teams, who are employees of DLA, will be on official 

time during negotiation sessions in accordance with (IAW) Article 38, Section B. The 

Employer will grant official time to the Union Bargaining Team Members for the time 

spent face-to-face and/or virtual negotiations. Union team members are responsible for 

providing their supervisor a schedule of bargaining activity (including preparation time) at 

least two weeks in advance of any bargaining activity. The Union will bear all travel and 

per diem costs (to include rental vehicle(s)) for their negotiating team members for any 

third-party proceedings. 

5. The parties will exchange a list of full names, titles, e-mail addresses, and telephone 

numbers of their respective team members no later than five (5) workdays prior to the date 

set for the commencement of negotiations. Although the parties may replace team 

members as necessary, both parties agree stability of the negotiating teams is important for 

effective negotiations. If a party must make a change to their initial list of team members, 

then that party must notify the other party in writing as soon as practicable. Such 

notification will include the full name, title, work address, e-mail address, and telephone 

number of the new team member. 

6. Upon receipt of a proposed change, the AFGE Local 2449 President, or his/her 

designee, may, within 10 workdays submit a demand to bargain. The demand to bargain 
will include the Union's proposals. Within 10 workdays of receiving the Union's 

proposals, the parties will confer as necessary to achieve an agreement. This will be 

accomplished, primarily, via telephone, written communication, and/or virtual 

communication. If at the end of the 10 workdays, the parties may meet face to face or 

thru electronic means (e.g., Teams, Zoom, etc.) to resolve any outstanding proposals. 

Failure to submit the demand to bargain and proposals within the 10-workday timeframe 

constitutes a waiver and the Employer may implement the change anytime thereafter. 

Unless otherwise agreed to, the parties will negotiate as long or as frequently as 

necessary. 

7. Negotiations will be scheduled for three days each week, on Tuesday, Wednesday, and 

Thursday, not to exceed eight (8) hours a day between the hours of 8:30 a.m. and 

5:30 p.m. except as modified by mutual agreement between the Parties. Absent 

agreement, negotiations will commence within 10 workdays following the date the 

Agency received the Union's proposals. 

8. Short breaks and recesses during the negotiations will be by mutual consent. Lunch 

periods will be one hour. Negotiations will not be held on Federal holidays. The parties 

are expected to be punctual and remain at the table throughout bargaining. Negotiation 

sessions will be two weeks on, one week off, unless a change is mutually agreed to by the 

parties. The Parties will continue to meet until an agreement or impasse is reached. 

9. The negotiations will be held in an Employer provided local location, which will include 

caucus rooms. The parties will negotiate at DLA Headquarters or other no-cost space 

determined and provided by the Employer. The Parties encourage the use of electronic 

communications methods ( e.g., video teleconferences, telephone conferences, office 

communicator) where appropriate and practicable for negotiations and for prenegotiations. If virtual negotiations are not feasible, the parties will meet face-to-face. 

10. Either party may call caucuses. However, caucuses will be held to the shortest time 

necessary. If a caucus is likely to exceed 15 minutes, then the party calling the caucus will 

notify the other party of the situation and discuss whether there will be an extended 

caucus, recess, or other arrangement the caucusing party requests so that time is not 

wasted. The caucusing party will make every reasonable effort to avoid delaying the 

negotiations unnecessarily. The party calling the caucus will leave the negotiating table 

and caucus in the designated room. Extended caucus periods will not alter or extend the 

period allotted to complete negotiations. Official time will not be granted for Union 

caucuses that exceed one (1) hour. During virtual negotiations, the Party calling a caucus 

will establish a separate meeting space to caucus while the other Party remains at the 

negotiation meeting, unless mutually agreed upon on another option. 

11. There will be no official transcripts of the negotiations. Each party may take and maintain 

their own notes. No recording devices are permitted in the negotiations. 
13. Once negotiations have commenced, any changes to these procedures may be 

made only by mutual consent of the ChiefNegotiators. Any new or modified 

terms agreed to will be reduced to writing and signed and dated by the Chief 

Negotiators. 

14. The parties will initial and date agreed-upon MOAs as they are completed. After 

initialing or signing the MOA, it will not be subject to further discussion unless 

there is mutual agreement to reopen the agreed-upon MOA. All MOAs/MOUs 

will have an expiration date. 

15. Once the Local Agreement is executed, the DLA Agency Head Review (AHR) 

will have 30 calendar days to complete its review pursuant to 5 U.S.C § 7114(c). 

If the DLA AHR fails to approve, disapprove, or return the agreement for 

modification within 30 days, the new ground rules will take effect and be binding 

on the Parties. If AHR timely disapproves only parts of the agreement due to 

issues of negotiability, failure to meet statuary/regulatory requirements, 

inconsistency with a government wide rule or regulation, the Chief Negotiators 

will promptly meet or discuss arrangement for resumption of negotiations. 

16. This Memorandum of Agreement becomes effective upon execution and expires 

when the MLA expires. 

"'or t~e U. nio1<, ~ . t ,..,. 

G')tu1 ~ ~~o J 

( Tcmie--A. EOwarcJyFor the Agency: 

SMITH.WILLI Digitally signed by 

SMITH.WILLIAM.ERIC.1 

J,hief Negotiator 

Tonie Edwards 

Date: 

AM.ERIC.1064 o647o9o42 

709042 

Date: 2024.01 .03 

13:57:58 -05'00' 

Chief Negotiator, DLA 

W. Eric Smith 

Date: ___________ _