Fedweek Legal

On February 6, 2004, the Department of Defense (“DoD”) issued its proposed new personnel rules entitled “National Security Personnel System (“NSPS”) – Pre-Collaboration Labor Relations System Options.” In general, the NSPS provides for new rules regarding a variety of labor and employee relations issues, including: labor relations administration; employee rights; bargaining units; union dues; the duty to bargain; the scope of bargaining; the bargaining process; union rights and obligations; official time; and an “all inclusive complaints review” process. The NSPS provides that a new Defense Labor Relations Board (“DLRB”), which will “make final published decisions as the independent third party.” For example, according to the “all inclusive complaints review” process in the NSPS, “employee complaints (currently filed under negotiated grievance procedures, administrative grievance procedures, and the statutory MSPB process) are consolidated into a new NSPS appeals system.” The DLRB will consist of 5-7 members with some members being nominated by the unions.

According to the NSPS, current union dues allotment procedures will be retained with some changes. For example, bargaining unit employees may cancel dues at any time after one year passes since initial dues allotment commenced. Additionally, disputes between union and union members about dues are not included in the agency complaints procedures. Further, the NSPS provides for management rights under scope of bargaining. For example, management retains the right to take whatever actions may be necessary to carry out the agency mission during emergencies or for national security reasons. Management also retains the right to: determine cash awards and incentives; set pay; make Fair Labor Standards Act determinations; and determine performance ratings and payouts.

On February 10, 2004, the Washington Post reported that hundreds of federal employees and union members were expected to be on Capitol Hill protesting the NSPS. The Washington Post quoted AFGE president John Gage as saying that the NSPS is a “. . . union busting approach to collective bargaining and labor relations.”

DoD union representatives have until February 23, 2004, to present their ideas regarding a new labor relations system. This will be followed up by meetings between DoD union representatives and DoD officials on February 26-27, 2004.

** This information is provided by the attorneys at

Passman & Kaplan, P.C., a law firm dedicated to the

representation of federal employees worldwide. For

more information on Passman & Kaplan, P.C., go to

http://www.passmanandkaplan.com. **