MEMORANDUM OF UNDERSTANDING

In accordance with Article 8 of the Collective Bargaining
Agreement, this Memorandum is entered into between the United
Sates Department of Education (the Employer) and the American
Federation of Government Employees, Council 252 (the Union)
represented here by AFGE Local 2607, upon delegation by the
Council.

The Employer and the Union agree that the Employer may implement
the Department policy on the one-time preference for selection
for non-Indians in the Office of Indian Education, a copy of
which is appended to this Memorandum and is initialed on each
page by a representative of each Party. Those provisions of the
policy which are within the scope of mandatory bargaining under 5
U.S.C. Chapter 71 and the Parties' Collective Bargaining Agree-
ment are hereby agreed upon by the Parties. Both Parties
recognize and understand that provisions of the policy which do
not concern conditions of employment of unit employees, which
concern the filling of positions outside the bargaining unit, or
which represent rights reserved to management by statute or by
the Collective Bargaining Agreement have not been negotiated and
are not subject to this Memorandum.

In addition to the provisions of the policy which are subject to negotiation and have been negotiated, the following is also agreed to:

The Employer will offer training or other assistance to non-
Indian preference eligibles on preparation of SF-171's, on
identifying other occupations within the Department for
which they might apply, and on the preparation of SF-171's
for the purpose of meeting qualification requirements for
such occupations.

The Employer recognizes that the Union reserves its right, as may be applicable under 5 U.S.C. Chapter 71 and the Parties' Collective Bargaining Agreement, to negotiate the Indian preference provisions of Public Law No. 100-297 pertaining to personnel actions in the Office of Indian Education.