MEMORANDUM OF AGREEMENT

GROUND RULES FOR LOCAL NEGOTIATIONS

BETWEEN

DLA Distribution 

AND

American Federation of Government Employees (AFGE), Council 169

Articles 5 and 38 of the Master Labor Agreement (MLA) 

1. Representatives of AFGE Council 169 hereinafter referred to as the “Union,” and 

representatives of DLA Distribution, 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), between the 

Union and DLA Distribution Depots (collectively) including: San Diego, CA; Norfolk, VA; 

Jacksonville, FL; Tobyhanna, PA; Barstow, CA; Albany, GA; Anniston, AL; Corpus Christi, 

TX. during the term of the MLA. 

3. The Employer will determine the amount of people on their team. The Union will determine 

the amount of people on their team. 

4. Members of the Negotiating Teams, who are employees of DLA, will be on official time 

during negotiation sessions. Official time will be authorized for the time spent in face-toface, or virtual, negotiations for a reasonable number of Union bargaining team members 

who would otherwise have been in a duty status.

5. IAW Article 38, Section 2.B. For purposes of Article 38 Section 2.A.10, the Employer will 

grant official time for six DLA employees who would otherwise have been in a duty status 

and pay travel and per diem for those representatives.

6. 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. 

7. Upon receipt of a proposed change, the Chief Negotiator for AFGE Council 169, or his/her 

designee, may, within 10 calendar days submit a demand to bargain. The demand to bargain 

will include the Union’s proposals. This 10 calendar day time period may be extended upon 

mutual agreement of the Parties. Absent a mutual agreement to extend the 10 calendar day 

time period, the Union’s failure to submit the demand to bargain and proposals within the 10 

calendar day time period constitutes a waiver, and the Employer may implement the change 

anytime thereafter. If the demand to bargain and negotiable proposals are not submitted 

within the allotted timeframe, then the Employer will proceed with the proposed change. 
8. Negotiations will be scheduled for three days (Tuesday to Thursday) the initial week, not to 

exceed seven (7) hours a day between the hours of 0900-1600 EST, except as modified by 

mutual agreement between the Parties. The exact days and times for negotiations will be 

identified by the Employer no later than Friday of the week prior. 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. Virtual negotiation sessions will be a 

minimum of one day every two weeks after the initial week unless a change is mutually 

agreed to by the parties. Meetings could return to a traditional face to face platform by 

mutual consent of the parties at any time. 

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

caucus rooms. The Parties encourage the use of electronic communications methods (e.g., 

video teleconferences, telephone conferences, office communicator) where appropriate and 

practicable for these negotiations and for pre-negotiations. 

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.

11. 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. 

12. 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. Agreements will be reduced to writing (i.e. , MOA, MOU). When an agreement is reached, it 

will be typed in final form and executed (signed and dated) by both Parties within seven (7) 

days. All MOAs/MOUs will have an expiration date. The Union has thirty (30) days from 

date of execution to obtain Union membership’s vote for ratification. The Union will notify 

the Agency within three (3) days of the results of the ratification vote. If the Agreement is 

not ratified, the Union shall provide the specific portion(s) of the Agreement it seeks to 

reopen along with the new proposal(s) for negotiations no later than seven (7) days from its 

notification date to the Agency. Failure to provide the Agency by the deadline of the specific 

portion(s) and proposal(s) it seeks to bargain constitutes a waiver of the right to bargain. 

Upon Union ratification, the Agency will submit to DLA HQ for review and approval. 

14. It is the intent of the Parties to hold any individual article, and/or sections of articles on which 

agreement cannot be reached until all negotiable items on which agreement can be reached 

are disposed of. At that time, the Parties will make a diligent effort to resolve all outstanding 

articles and/or sections. If the diligent effort does not result in agreement, the services of the 

Federal Mediation and Conciliation Service will be requested by either or both parties. If the 

services of the Federal Mediation and Conciliation Service do not resolve the impasse, either 
party may request the Federal Services Impasses Panel (FSIP) to settle the dispute in 

accordance with 5 U.S.C. 7119. 

15. Once negotiations have commenced, any changes to these procedures may be made only by 

mutual consent of the Chief Negotiators. Any new or modified terms agreed to will be 

reduced to writing and signed and dated by the Chief Negotiators. 

16. In accordance with Article 38, Section 5A, upon completion of negotiations the Agency will 

prepare the local agreements in final draft and all local agreements will be forwarded to HQ 

DLA and Council 169 for review. The national Parties have 30 days to identify provisions 

which are in conflict with this Master Agreement, statute or government-wide regulation. If 

HQ DLA or Council-169 disapproves any portion of the agreement, the remaining portions 

will go into effect. If either HQ DLA or Council 169 determines that agreement language 

deletes, changes, nullifies or conflicts with any provision, policy or procedure in the MLA, 

such language will be remanded to the local parties for renegotiation, unless the other party 

submits the matter for binding arbitration within the time limits specified in Article 37. If 

either HQ DLA or Council 169 determines that local agreement language is non-negotiable, 

such language will be remanded to the local Parties for renegotiations, unless the other Party 

submits the matter to the FLRA for resolution. The Parties will begin re-negotiations within 

15 days of receipt of the HQ DLA or Council-169 disapproval. Once agreement has been 

reached on those provisions, and approved by HQ DLA and Council-169, they will be 

included in the Parties’ agreement. 

17. In the event FSIP asserts jurisdiction over any of the Local Agreements at impasse, any 

decisions rendered will be forwarded to HQ DLA and Council 169 for review and will be 

made effective either after approval or after 30 days has elapsed. 

18. This Memorandum of Agreement becomes effective upon DLA HQ and Council 169 review 

or after 30 days from the signing of the agreement and expires when the MLA expires. 

For the Union: For the Agency: 

RANDOLPH ELLIOTT JOE ARNOLD

Vice President, AFGE Council 169 Director, DLA Distribution Warner Robins