This agreement resolves all issues relating to the implementation of the Knowledge Services Group (KSG) that was given to CREA as a final proposal on July 30, 2004.
In implementing the KSG, both management and CREA see the value of using all available means for discussion between labor and management, including appropriate use of management-staff meetings and consultative management.
By twenty-one (21) calendar days prior to the implementation of the reorganization plan, KSG management will have met and thoroughly discussed with and received input from KSG staff regarding the following:
By twenty-one (21) calendar days prior to the implementation of the reorganization plan, KSG management will have met and thoroughly discussed with and received input from each consultancy, the KAMG, and the Operations Group and communicated determinations regarding the following:
In the event that management should desire to make changes with respect to the above within the first three months of the KSG, a meeting, such as the one conducted under this section, shall be held. Any changes made, however, shall not take effect for 21 calendar days unless under extraordinary circumstances.
CREA and the Congressional Research Service (CRS) are committed to the mutually beneficial consultative management philosophy in which both managers and staff engage in open, two-way communications on issues at the earliest possible stage. While the full success of any CM effort is ultimately dependent on the extent to which all participants engage in the process, the commitment is genuine and the goal is to achieve full consideration of all viewpoints with consensus wherever possible. For purposes of this agreement consensus is reached when a single alternative is agreed upon and all those participating in the CM process can live with this alternative whether or not it is their preferred choice. CM does not add to nor subtract from existing legal rights of management, CREA and staff, consistent with law and the collective bargaining agreement between the Library of Congress and CREA, as CM is not a replacement for collective bargaining or a substitute for the grievance procedure.
CRS management will undertake several steps to assure the full exchange of communications between all staff (KSG and division staff) and management within each division in the context of the reorganization.
Within twenty-one (21) calendar days following the implementation of the reorganization plan, KSG management, after extensive consultation with staff including local CREA representatives, shall develop a mechanism for ongoing verbal face-to-face two-way communication. The mechanism shall be flexible enough to include CM meetings at both the KSG and consultancy/group levels. The procedures for establishing consultative management mechanisms are outlined in Section 8, Article XXXIX, Consultative Management, of the Collective Bargaining Agreement.
Within five work days of the completion of the CM mechanism, KSG management shall hold a KSG-wide staff CM meetings on the following subjects (decisions shall be incorporated into the KSG Staff Handbook for KSG staff):
Within five work days of the completion of the CM mechanism, KSG management shall hold in each consultancy/group a staff CM meeting on the following subject (decisions shall be incorporated into the KSG Staff Handbook for KSG staff):
Research divisions shall notify employees in a research division consultancy and give them the opportunity to request attendance at that division's CM meetings. Consultancies shall notify employees in the affiliated research divisions and give them the opportunity to request attendance at consultancy CM meetings.
In the event that an employee or a group of employees is dissatisfied with the design of the CM mechanism in the KSG, the employee or group of employees may request within 30 calendar days of agreement on the CM mechanism that a Consultative Management Panel be convened. Staff will not be penalized for requesting that a panel be convened or for participating on a Consultative Management Panel. Requests for a Consultative Management Panel must be made in writing to the Director and to the President of CREA and must identify specific concerns or reasons for dissatisfaction. The Panel shall consist of four members, two management, as designated by the CRS Director, and two labor, as designated by CREA. The Panel shall meet within 10 workdays to conduct an informal hearing during which presentations will be made by division management and the employee or representative(s) of the group of employees requesting that the Panel be convened. Presenters will present options for improving the design of the CM mechanism. The panel will consider the presentations and within 10 workdays will issue a decision based on consensus, or, lacking consensus, based on a majority vote regarding the matter(s) presented that may endorse the status quo, an option presented at the hearing, or yet another option developed by the panel. The panel will have the discretion to propose that its decision be adopted as a temporary experiment for a period of time long enough to determine its efficacy. Either side may appeal the panel's decision to the Director and the President of CREA, who will consult with division management and staff. Within 10 workdays a final and binding decision should be developed by consensus if possible, adhering to CM principles. In the absence of a consensus the Director shall issue a final and binding decision on the matter(s) presented to the panel within five workdays.
The Director and the president of CREA or their designees will review and evaluate the KSG CM mechanism six months after the implementation of the KSG.
KSG staff will be supervised by KSG supervisors; this includes the assignment of work and management of the workload, which are management responsibilities. Staff in the research divisions will not have the authority to assign work to KSG staff and vice versa. Research division staff may seek the assistance of their KSG colleagues, and vice versa, in responding to Congressional inquiries. Research division staff may also seek other information research services, as defined in the "KSG Services Portfolio," April 2004. In the event a staff member is handling a time sensitive request, he/she may may refer any employee seeking assistance directly to the appropriate supervisor (or designee). The staff member may at any time and under any circumstances immediately refer a request to his/her section head without informing the requestor. Management will have trained both KSG and research division staff and section heads in these workflow options prior to the implementation of the KSG.
When a KSG staff person or analyst provides assistance to a colleague, the CRS policies and procedures for transferring and/or splitting a request or fanfold will apply. Each employee shall receive credit for his or her contribution.
An organizational chart of the KSG showing all sections and subsections and the chain of command will be distributed to every CRS employee.
KSG staff will perform duties consistent with their occupational series and grade and the specific duties and responsibilities identified in their position description. At the time of implementation each employee who is in position description number 9670, 9676, or 9585 shall receive a clean copy of that position description. The clean official position description shall be made available 30 days from the signing of this agreement.
Position descriptions at various grade levels have been established to do the levels and kinds of work existing in the KSG. There will be sufficient work for all employees to work at grade level in all components of the KSG. If at any time an employee should feel that this is not happening, he/she may contact either CREA or management or both and the employee and his/her representative may bring any concern to management's attention. If requested by the employee, a reasonable effort will be made to hold a meeting, within five workdays of the request, between the appropriate manager, a CREA representative (if requested by the employee) and the employee to enable the employee to identify which elements of his/her position description are not being accomplished. After the meeting CRS management shall inform the employee of any actions.
Whenever CRS management changes subject area assignments, employees previously responsible for subject areas shall be expected and given the opportunity to work with staff newly responsible for those subject areas, and both employees will be credited for work performed to facilitate the transition of subject areas. The employee giving the transition training shall also receive credit for the "training" responsibility in his/her position description.
Staff receiving new duties and responsibilities shall have them clearly identified by and discussed with new supervisors.
All work in progress at the time of the reorganization will be discussed with
new supervisors in the context of their responsibilities for assigning work
and for providing work performance opportunities. CRS management will give appropriate
consideration to permitting work in progress to be completed by employees during
the first six (6) months after implementation.
Changes in assignments of work resulting from resignations/retirements in the
KSG will be handled in the same manner as in other organizational units–additional
or substitute responsibilities will be assigned to employees based on workload,
knowledge, and skill consistent with their position descriptions.
The reorganization shall not in any way impede the use of extended detail opportunities, the Career Opportunity Plan (COP), or other programs available to staff to gain upward mobility in the CRS and in the Library. Article X of the CBA, Training and Career Development, shall be unaffected by the reorganization; however, CRS will bolster the training funds available to KSG in FY05. Within fiscal constraints, KSG staff will be given the opportunity for training where needed with respect to assigned duties, subject areas and technology. Employee expertise will be enhanced through orientation, training, and other avenues of professional development. Training opportunities will be distributed to staff equitably. Opportunities to work off site shall in no way be impeded by the reorganization.
Travel and training allotments, which are done on a per capita basis, shall be recalculated upon implementation of the reorganization on the same basis. All KSG employees shall be treated equitably.
KSG staff may at any time request, through their supervisor, a change in assignment. Decisions on such requests will be influenced by workload and other operational concerns.
Workload issues that may arise between divisions and consultancies will be dealt with through discussions between division and KSG managers; those between consultancies will be dealt with through discussions among KSG managers. These issues may also be brought before the joint CRS/CREA monitoring group.
Staff workload issues will be addressed in the following manner. If a KSG staff person determines that his/her workload is becoming too heavy, he/she may consult with his/her supervisor to determine priorities or other means of accomplishing the work. He/she may also contact CREA which may bring the matter to management's attention. Similarly, if a KSG staff person should find that he/she has multiple requests with short deadlines, he/she may consult with his/her section head for the determination of priorities.
The "Ask an IRC Librarian" function will be located in the Humanities Consultancy. Any forwarding of questions to appropriate researchers in the KSG or other divisions in CRS shall be done by the supervisor(s) of the Humanities Consultancy or their designee(s).
The KSG will be implemented without RIFs or downgrades. CRS management does not anticipate RIFs or downgrades in the future in the KSG or elsewhere in CRS. Should a RIF occur, it will be conducted in accordance with the provisions of the CBA.
KSG staff with responsibility for one or more specific subject areas as designated by KSG management will be listed in the CRS Subject Directory upon implementation of the reorganization. KSG staff will be given the opportunity to review and suggest changes to their areas of subject responsibility, subject to management rights to assign work.
No staff member will be required to change his/her schedule before the next
open season, except for those assigned to or from a research center. Volunteers
for staffing the research centers shall be considered before any staff are required
to make schedule changes. Exceptions to the restrictions on core hours for some
individuals may be made for reasons of business necessity.
Comp time procedures will be consistent with the CBA and Library regulations.
When the operational needs of the Service require an employee to work in excess
of his or her basic work requirement, the employee may request such work to
be compensated by an equal amount of time off. Requests to earn and use such
time must be made and approved in advance. An employee still retains the right
to request overtime.
There will be neither status nor schedule changes (hours worked per week) for
part- time or special schedule employees as a result of this reorganization
unless circumstances require reconsideration. As in the past, schedule changes
are based on coverage and workload considerations. Any changes will follow the
procedures in section 4, Article XXV of the CBA.
Analytical divisions and KSG management will determine the appropriate reviewer(s) and review process for products or portions thereof requested of the KSG by the analytical divisions. KSG initiated products will follow current CRS practices – section review, division review (reviewer identified), and CRS Review Office. Any delays or other negative consequences affecting an information specialist's work which arise during the section/divisional review process, and which are caused by management decisions or processes which are outside the individual information specialist's control, are the responsibility of management and not the information specialist, provided the information specialist's work product meets CRS competency and policy requirements.
The following performance evaluation procedures will apply in all cases in
which employees are assigned to work under a different supervisor as a result
of the reorganization:
Performance evaluations will be completed by whoever is the supervisor when
the performance evaluation is due, except that the current supervisors will
be responsible for performance evaluations for employees who have received notice
of performance review prior to implementation and have (1) submitted their work
files, or (2) other evidence of performance during the evaluation period or
(3) other written indication of their desire to have their performance evaluated
by their current supervisor within 45 days of the date of the notice. For employees
working under the supervision of a different supervisor as a result of the reorganization,
the new supervisor will obtain input from the previous supervisor for the review
period in progress at the time of implementation. Performance shall be evaluated
on the basis of duties actually performed and the performance requirements in
effect during the period the work was completed.
No performance reviews will be delayed as a result of the reorganization. Employee performance reviews will focus on how well they have performed their assigned duties. If their duties have changed during the review year, they will be considered in light of both sets of duties. An employee may request a postponement of the performance evaluation, not to exceed three months, if the employee has been under the supervision of the new supervisor for less than 120 days.
CRS management recognizes that staff taking on new subject responsibilities will need adequate time to perform at their current grade levels. This situation will be taken into account in the performance evaluations of these individuals.
Consistent with management's responsibilities under Articles IX and X of the Collective Bargaining Agreement and Library regulations, division managers and section heads will provide division staff assigned to new subject areas with orientation, on- the-job training, outside training as appropriate, periodic performance appraisal, and counseling to meet initial job performance requirements and to continue to meet performance requirements (LCR 2017-5). This includes training in databases for information specialists taking on new database responsibilities. When it is apparent that a KSG staff member has developed a performance problem, the division manager or appropriate section head will immediately consult with the employee to discuss the problem and work out a plan for remedial action.
For employees who have split responsibilities and work under different supervisors during their evaluation period, the terms of Article IX of the CBA shall be followed.
All CRS staff shall be recognized and given full credit for their contributions to collaborative products and co-authorship, in and of itself, will not be considered work of a lesser value with respect to performance.
Any delays or other negative consequences affecting employees' work which are caused by management decisions or processes which are outside the control of individual employees are the responsibility of management and not the employees provided that the employees' work meets all CRS competency and policy requirements.
Promotion reviews shall be conducted based on the promotion requirements in effect at the time the employee performed the work. For all staff who, as a result of the reorganization, will be under different division management, the following shall be applicable:
Promotion recommendations will be made by the assistant director of the KSG, except that the current division/office heads will be responsible for promotion recommendations for employees who have received or should have received notice under Section 2 of Article VIII of the CBA and have complied with Section 3; however, extensions may be granted as provided for in the CBA. (As provided in the CBA, employees who do not produce work files or records shall be entitled to submit a written summary of work performance during the period under evaluation.) No promotion review will be delayed as a result of the reorganization.
If, as a consequence of the reorganization, an employee (professional and nonprofessional series) is reassigned after working three months or more in an on-going promotion review year, the rating official will request input from the employee's previous supervisor which will be included in the evaluation process.
Normally within 15 calendar days, but not more than 21 calender days of implementation, supervisors will discuss criteria for promotion with each reassigned employee who is in a promotion ladder. Employees who are placed in a position that has promotion potential will be informed within the first seven calendar days following the formation of the KSG of the date of their eligibility for promotion and of the criteria that will be used to evaluate their promotion.
All CRS staff shall be recognized and given full credit for their contributions to collaborative products and co-authorship, in and of itself, will not be considered work of a lesser value with respect to promotion.
Any delays or other negative consequences affecting employees' work which are caused by management decisions or processes which are outside the control of individual employees are the responsibility of management and not the employees provided that the employees' work meets all CRS competency and policy requirements.
Current CRS staff members who have accumulated time-in-grade at the top grade in their promotion ladder, and who are placed in a promotion plan in the KSG with higher promotion potential, shall be eligible for promotion to the next higher grade 90 days after entering the KSG. Upon implementation, management shall inform all such affected employees and inform them of the procedures and expectations for promotion.
At the request of CREA, CRS management agrees to study any continued need for two different library technician job-ladders in the KSG and options for transitioning to a single job ladder. Every reasonable effort will be made to complete the study within six months of implementation of the KSG. A copy shall be given to CREA.
Within thirty calendar days from the date of implementation of the reorganization, former supervisors of employees who have been reassigned and for whom the supervisor was planning an incentive award for work performed in 2004 through the date of implementation shall have completed the appropriate award nomination forms.
CRS management states that SLPAs will provide a definitional umbrella for the work of the consultancies. The agreements, reached annually and reviewed quarterly, will reflect management's best understanding of the work required of the KSG during the year. They will address the research services offered by the KSG; new products and product updates requested by the divisions; data base maintenance projects; resource management projects, such as cataloging division collections or collection development; plans to maintain open communications lines between the KSG and the division; request management strategies (as determined under Section 1 of this Agreement); and administrative issues such as supplies, production support, and IS/IT issues. After working out the SLPA with each division, the KSG will prioritize the projects and services based on workload and available resources. CRS management has assured CREA that SLPAs will be consistent with the provisions of the CBA and applicable regulations, policies, and other agreements. If CREA requests bargaining over the SLPAs, the Library will review that request and bargain to the extent required by law. SLPAs shall be given to CREA and briefings shall be held with staff once the SLPAs are approved by the Director.
KSG secondary locations will be sufficiently flexible to accommodate all appropriate needs of all staff using them. When CRS management determines that it will require a KSG staff person to work all or part of their work day at a location in a research division, research center, or IRC in which the employee does not already have a permanent office and has not worked in before, any health and safety impact that materially and substantially affects the working conditions or the terms and conditions of employment of those employees will have been resolved before any such assignment is made. Any current health and/or safety complaints regarding research divisions, research centers, or IRCs shall be addressed before implementation of the KSG. Management will provide ergonomic evaluations of these spaces on behalf of any staff user who requests one. Such evaluations will also accommodate the needs of other staff sharing that space. Furthermore, any recognized special needs of employees that have been accommodated by the Library shall continue to be recognized at all secondary locations.
In addition, other material and substantial impact issues, either raised by the employee or recognized by management, will be addressed expeditiously. If corrections cannot be made expeditiously and the employee, therefore, cannot effectively perform his/her work in the secondary location, CREA will be notified and the employee will return to his/her primary work location until corrections are made.
Management will maintain all health and safety standards. Management will address all health and safety concerns that have been or are brought to its attention prior to implementation. Health and safety issues that arise after implementation will be promptly addressed. When relocations are proposed, management will bargain over impact to the extent required by law.
In preparing plans for any space redesign to accommodate the staff of the KSG, the Library will take into account airflow and temperature data for all staff work areas and any safety alarm and public announcement deficiencies. After structural changes are made, and prior to permanent relocations, the Library will request (1) that air flow and temperature tests be conducted and that attempts be made to make all appropriate corrections. If corrections cannot be made, the Library shall so inform CREA; (2) that all safety alarm and public announcement deficiencies in areas where bargaining unit employees are to be located be identified and attempts be made to make all repairs. If repairs cannot be made, the Library shall so inform CREA.
The Library will comply fully with its obligations under Article XXI, Space Moves and Employee Relocation, of the Collective Bargaining Agreement with regard to all relocations associated with the reorganization. Specifically, appropriate notices will be issued, and CREA will be given the opportunity to request bargaining over any impact that materially and substantially affects the working conditions or terms and conditions of employment of the employees involved in proposed relocations.
In accordance with the consultative management article of the agreement, CREA will continue to be invited to participate in CM discussions with staff about relocations.
Within the fiscal constraints that apply to CRS generally, KSG staff will have access to the print and electronic resources they need to do their jobs.
KSG staff will acquire supplies through the supply chain that is established.
Within the fiscal constraints that apply to CRS generally, KSG staff will have the hardware, databases, and software needed to do their jobs.
KSG staff will be assisted first by KSG TSAs and second by the TO Hotline. Analytical division TSAs will assist KSG staff with the analytic divisions's hardware and software.
CREA and CRS agree to form a joint labor/management monitoring group within ten (10) work days following implementation. Up to four representatives from the Library and up to four representatives from CREA will meet bi-weekly for the first six months after implementation, or more frequently if requested by either side, to discuss issues arising from implementation of the reorganization, including staff concerns and suggestions. For a period of one (1) year thereafter, the meetings shall be held quarterly, or more frequently if requested by either side. These meetings do not affect the existing legal rights of management, CREA, and staff, consistent with law and the collective bargaining agreement between the Library and CREA. These meetings are not a replacement for collective bargaining or a substitute for the grievance procedure. Ninety days prior to the end of the year, CREA and CRS management will meet to determine if the joint labor/management monitoring group should be continued.
As of the day of implementation the following telephone and network communications changes will have been made for KSG staff:
1. The call coverage paths for their desk phones will be changed to the appropriate backup number in their new organizational settings.
2. They will have immediate access to shared files and Group Wise mailing lists available to others in the KSG and their consultancy/group. (Accomplished by reassigning their network working groups.).
3. Their e-mail mailboxes will reflect their new organizational affiliations and public mailing lists will be revised to reflect new organizational names and affiliations.
KSG section heads will be full-time managers.
One supervisor will be designated as head of IRC-3 from either the G&F or DSP Consulting Group. Those staff members assigned to IRC-3 , who are not members of the section from which the IRC-3 head comes, will work under the day-to-day operational guidance of that head, but will report to their own supervisor for T&A and evaluation purposes. These staff members shall be evaluated in writing by each supervisor during the rating period. Performance and promotion evaluations completed by the supervisor of record shall be based proportionately on the requirements of his/her regular position and the IRC position.
The Congressional Research Service and CREA recognize that reorganization embodies a new way of doing work in the Service and will require not only a physical change but also a cultural change. CRS management agrees to hold orientation sessions to introduce the research division staff and the KSG staff for each division, to make it clear which staff person has what subject responsibilities, and to determine how to promote collaboration in their division. It must be made clear that assignment of work is a management responsibility while at the same time stressing that rigidity in this area is counter to collaboration.
The substance of these orientation sessions shall be incorporated into the New Employee Orientation sessions required of new CRS staff members.
In addition to needs addressed in other sections of this agreement, CRS management will provide for the needs listed below no later than the day of implementation.
The Library enters into this agreement without challenging or conceding the negotiability of the provisions above; provided that, if the Library subsequently decides to change any provision of this Agreement which is a management right under 5 U.S.C §7106, the Library will provide 30 days advance notice to CREA, and the parties will meet, consult, and bargain over such changes to the full extent required by law and/or the Collective Bargaining Agreement.
This Agreement expires at midnight on December 31, 2006, unless extended in whole or in part by mutual agreement of the parties.Should any unforseen issues arise related to the reorganization within one year from the signing of this Agreement, the parties agree to meet consult and bargain per the terms of Article XIII of the CBA.
CREA shall be able to hold three meetings with KSG staff within 5 workdays of the signing of this agreement to explain the terms of this agreement to bargaining-unit staff and to answer any questions they may have. The meetings shall be on official time.