WASHINGTON, D.C.—The USDA Forest Service and National Federation of Federal Employees Forest Service Council engaged in mid-term negotiations resulting in a Memorandum of Understanding approved by USDA on July 12, 2021, that modifies four articles of the 2019 Master Agreement. Following are some of the significant changes in the agreement:   

• Union rights and representation: There is no longer a national limit on the total hours available union-wide for representational functions (formerly referred to as the “union’s bank of hours”). The agreement also expanded the types of representational activities for which official time can be used. Union officials are still required to spend a majority of their paid time performing the duties of their job, with some exceptions allowing more official time for national officers, council vice presidents and a select number of committee chairs. Procedures for requesting and approving official time remain the same, and both union officials and supervisors are responsible for ensuring that use of official time is reasonable, necessary and in the public interest.    
• Union use of government computers: Union representatives who do not already have a government computer for their job may request one to use in performing their representational activities.
• Performance management: When employee performance has been unacceptable, the performance opportunity period for demonstrating acceptable performance will normally be up to 60 days instead of 30 days.

This labor-management negotiation stemmed from President Biden’s Executive Order 14003, Protecting the Federal Workforce, and utilized an informal, interest-based bargaining approach. The Forest Service Labor Relations Branch Chief, Nikki Wojcik, had the following to say about these negotiations, “Really proud of the way our management and union negotiating teams handled these discussions by quickly and collaboratively addressing the modifications required by EO 14003 to our 2019 Master Agreement.” Ken Dinsmore, NFFE-FSC lead negotiator, noted, “I’m grateful for my union team partner, Shawn Patterson, and the candid discussions between the parties. We all made the best of negotiations done virtually.”

The full Memorandum of Understanding is posted on the Human Resources Management Labor Relations intranet page under “NFFE CBAs.”

Supervisors should consult with their Labor Relations specialist on any questions on implementing provisions in the new agreement and employees represented by NFFE should consult with their designated Union representative.