NSPS Could Trump Union Role, Though

However, CRS added that contract provisions affecting the BRAC process “could be nullified by the implementation of the NSPS,” CRS said, since the proposed DoD rules would make any provision of a collective bargaining agreement that is inconsistent with the regulations or DoD implementing issuances unenforceable. Another section of the proposed regulations states that management has no obligation to bargain over a change to a condition of employment unless the change is “foreseeable, substantial, and significant in terms of both impact and duration on the bargaining unit, or on those employees in that part of the bargaining unit affected by the change.” Said CRS, “Whether unions have a significant role in the BRAC process would seem to depend on the provisions of existing agreements, the final NSPS regulations, and other DoD implementing issuances.”