USPTO 
APPENDIX A
MEMORANDUM OF UNDERSTANDING
Between the National Treasury Employees Union, Chapter 245 and
The U.S. Patent and Trademark Office
The National Treasury Employees Union, Chapter 245 (Union) and the U.S. Patent and Trademark Office (USPTO) hereby agree that they have negotiated an agreement which shall remain in full force for three (3) years from the date on which it is approved by the Department of Commerce under 5 U.S.C. § 7114. The agreement consists of Articles 1 though 37 and Appendices attached hereto.
The entire Agreement, as specified in this Memorandum of Understanding (MOU), including provisions of the 1997 agreement not specifically amended by these revisions, shall be subject to ratification by the union and agency head review under 5 U.S.C. § 7114.
This agreement is subject to ratification by the union in accordance with its constitution and bylaws. Ratification shall occur within three (3) working days from the date of the execution of this MOU. Execution of the Agreement shall occur within one working day of ratification. Should the Agreement not be ratified, bargaining shall resume immediately on a mutually agreeable schedule.
The entire Agreement, including those provisions of the 1997 Agreement which have not been amended by the parties, is subject to review by the Department of Commerce under 5 U.S.C. § 7114. Should any portion of the agreement be disapproved by the Department during the 30 days after execution, the agreed upon and approved portions will be implemented irrespective of any disapproved provisions. The union retains all rights under the law subsequent to agency head disapproval.
Certain provisions of the Agreement may be determined by the Agency to be inconsistent with applicable law and regulations. If this is the case, these provisions will be set forth in Appendix B. However, the parties agree that if, upon the conclusion of the legal appeal process set forth in 5 U.S.C. § 7114 (c) (2) and 5 U.S.C. § 7132, any of these provisions are determined to be within the duty to bargain the provisions so found, except for performance award provisions of Article 31, will be incorporated into the Agreement, If the performance award provision is determined to be within the duty to bargain, the parties will negotiate Article 31 of the Agreement in its entirety. Neither party waives its right to seek judicial review of the negotiability issues.
The parties agree that the Union shall in accordance with 5 CFR Part 2424, submit to the Agency a written request for allegations of non-negotiability for the provisions set for the in Appendix B (and for other provisions over which negotiability disputes exist) between the 20th and 30th day of the agency head review period. The Agency shall then serve its allegations of non-negotiability in a timely fashion so that the Union may address all such allegations and any provisions that may be disapproved by the Department of Commerce during the 30 day Agency head review period simultaneously. If separate petitions for review are required by the Federal Labor Relations Authority (FLRA), the Agency shall not object to a motion for consolidation.
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For the Union For the Agency
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