1
l
MEMORANDUM OF UNDERSTANDING
BETWEEN
U.S. DEPARTMENT OF LABOR
AND
NATIONAL COUNCIL OF FIELD LABOR LOCALS
AFGE, AFL- CIO
INTRODUCTION
This Memorandum of Understanding (MOU) is entered into between the U.S.
Department of Labor (DOL), Mine Safety and Health Administration (MSHA), and
the National Council of Field Labor Locals (NCFLL), in accordance with the
applicable provisions of the master DOL-NCFLL Agreement.
SUBJECT
This MOU concerns the impact and implementation of MSHA’s planned move of
Bargaining Unit Employees (BUEs) from Building 25 to Building 53 at the Denver Federal
Center in Lakewood, CO.
BACKGROUND
The move is based on Executive Order and OMB policy to reduce the federal office
footprint and use existing federal buildings more effectively. Relocation of employees
is tentatively scheduled for October of 2024.
The NCFLL (Union) invoked formal bargaining under Article 4 of the Collective
Bargaining Agreement (CBA) and Management acknowledged receipt of the
Union's invocation.
TERMS OF THE AGREEMENT
1. The parties have a mutual interest to provide a safe and healthy work environment for all
employees. Management will, to the extent of its authority, provide safe and healthful working
conditions for all employees as dictated by existing law, rule, regulation and Article 34 of the
CBA. Management will also provide an ergonomic assessment for each BUE workstation and
common areas, upon request. Management will consider any changes that are needed as a
result of the ergonomic assessment.
2. The parties share a mutual interest in protecting the personal safety and security of
employees in and around work locations. Therefore, management will provide training, as
necessary, relevant to these interests.
5
3. The parties share a mutual interest in having Automated External Defibrillators (AEDs) in
MSHA workspaces. MSHA will place AEDs as per state of Colorado requirements. AED and
CPR training to include recertification, will be offered to all interested BUEs as the
budget allows. Management will post a list of certified CPR and AED responders. In
accordance with Department policy, Management will ensure there are a number of
trained AED and CPR responders.
4. Damaged or worn carpet and ceiling tiles in building 53 will be replaced to match the
existing tiles in the space. Touch up paint will be applied to the walls as necessary.
5. Sufficient space for OCIO shall be located on the second floor adjacent to the DOL sever
room, if needed.
6. MSHA IT will have a room and a Computer Rack on Wheels (COW).
7. Each BUE cubicle will be provided with a under desk lockable file cabinet, task lighting and
the employees ergonomic chair, if in usable condition. If the BUE does not have an
ergonomic office chair, one will be provided. Management will adjust the table height
for each BUE. BUEs will be provided a second computer monitor and/or a headset for use
with computer, if requested.
8. Lighting in the work areas will comply with the International Building Code.
9. For minor issues that arise during the implementation of the move, which were not
previously known, discussed during negotiations or covered by this MOU or the CBA,
management will work with a local representative designated by NCFLL to resolve the
issue(s). For significant issues that arise during the implementation of the move which were
not previously known, discussed during negotiations or covered by this MOU or the CBA,
the parties negotiating this MOU will meet via TEAMS to resolve.
10. The move of BUE's from the Building 25 to Building 53 will take place during regular duty
hours. Management will provide the BUEs sufficient packing material (such as boxes, tape,
bubble wrap, and labels) at least ten (10) working days before the scheduled move. BUEs
will pack their own work materials from their current workspaces, as well as unpack their
materials and set up their new workspaces.
11. BUEs will be allowed four (4) hours to pack in their location and four (4) hours to unpack
in the new location that will not be production time. BUEs may request additional time if
needed, subject to supervisory approval. This time will not adversely impact the BUEs
performance management plan. BUEs will not be expected to lift packed boxes; no BUE
will be expected to move any of the office materials, furniture, or equipment involved with
the move. If requested, Management will provide BUE's instructions on safe packing and
moving procedures.
12. DOL will notify the NCFLL of which workstations the non-BUEs will need before the
NCFLL begins working with the BUEs to select their workstations. The NCFLL will
5
determine the selection process of BUE workstations and will provide notifications of seating
arrangements within the BUE's distinct functional neighborhoods (areas) to DOL no later
than two weeks prior to the move. If there are exigencies that require BUEs to be in a
specific location, management agrees to notify the NCFLL prior to the beginning of the
workspace selection process.
13. Local management and local stewards will review and comment on all occupant
emergency plans (OEPs).
14. Management and a designated local NCFLL representative will be present during all
preoccupancy inspections and walk-throughs.
15. Each BUE assigned to Building 53 will be provided with an individually assigned
workstation unless the BUE(s) are not in the office on an ongoing and consistent basis three
or more days per week. Building 53 will have a reservation system for shared workstations
available for BUEs that do not meet the requirements for an assigned workstation.
16. The workstations will be 48 square feet with partitions approximately 66 inches tall.
17. MSHA office space at Building 53 will be compliant with International Building Code,
which incorporate by reference, the Americans with Disabilities Act (ADA), and
Rehabilitation Act requirements.
18. Adequate printers and shred bins shall be provided for each floor.
19. BUEs will be provided lockers that will have dimensions of at least 24 inches wide, 72
inches tall and 21 inches deep.
20. No shared equipment will be placed within a BUE’s cubicle.
21. DOL will hire a contractor to relocate the Satellite dish(s) from building 25 to building
53.
22. If water quality reports indicate the water does not meet the local water quality
standards, management will provide potable water.
23. The workspace and furniture shall be professionally cleaned prior to occupation. Mold and
asbestos testing have been completed.
24. Building 53 has an existing white noise generators.
25. Temperatures in the building are controlled by GSA.
26. MSHA will inventory their current BUEs Reasonable Accommodations and if
modifications are needed, the employee and manager need to work with the CRC as
prescribed in the DLMS 6-200: Reasonable Accommodation. Management will
communicate information regarding the Reasonable Accommodations Process to
5
employees affected by the move one month prior to the move, in accordance with DLMS
6-200: Reasonable Accommodations for Employees and Applicants with Disabilities.
27. In accordance with Article 34, the Branch Chief for Safety and Health or designee, will
conduct a Preoccupancy Inspection. The NCFLL is entitled to designate a local
representative to be afforded an opportunity to take part in safety and health inspection.
28. A private lactation place will be made available.
29. LAN rooms will have acoustical treatments to reduce noise from within the room.
30. Management will request from GSA two (2) loading spaces convenient to the nearest
access door for inspectors to load and unload at Building 53.
31. NCFLL bulletin boards will be placed in each breakroom. Each employee breakroom
will be equipped with a new refrigerator with water and ice dispensing capabilities, a
new microwave and a table and chairs.
32. Only functional furniture will be moved to Building 53.
33. The map areas will be provided with map rails (or similar), map table, a computer and a
portable monitor/TV.
34. A lab will be provided with an exhaust fan, if needed, to clear gases and an eye wash
station.
35. MSHA will provide parking spaces for GOVs within walking distance of Building 53.
36. A boot wash will be provided.
37. This MOU shall remain in effect and carry over after the ratification of the new contract
between the parties involved. The terms and conditions outlined in this MOU will
continue to be binding and enforceable until such time as a new agreement is reached
and supersedes this MOU. Both parties agree to honor the commitments and obligations
set forth in this MOU, regardless of any changes or updates to the main contract.
38. MSHA will distribute a copy of this MOU to all BUEs moving to Building 53 and post it
on LaborNet. MSHA will provide the NCFLL the agreed upon final floor plan drawings.
39. Nothing is this MOU will set any precedent for any subsequent MOUs.