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There are many places where silence is golden. The bargaining table, however, is not one of them.
After NTEU and an agency complete negotiations, the agreement is subject to approval by the head of the agency, who must do so within 30 days from the date the agreement is executed. If the agency head takes no action during that period, the agreement takes effect and is binding.
Real-life negotiations don’t always go that smoothly.
Most recently, NTEU and the Food, Nutrition and Consumer Services (FNCS) wrapped up mid-term negotiations on three articles and sent one disputed article on expanded telework to a mediator. The 30-day review period came and went without word from the U.S. Department of Agriculture (FNCS’s parent agency). When NTEU notified FNCS that the three articles were in effect, the agency claimed that its chief negotiator had not agreed to bring the articles to agency review. NTEU came back with evidence of the agreement, and FNCS conceded that the articles were effective.
NTEU continues to fight for the expanded telework article at the Federal Service Impasses Panel.
Cases like these are a reminder of why it pays to have experienced NTEU negotiators on your side.