Union Rights Also at Stake

The DHS plan also would diminish union rights at the agency in several ways, for example by removing the requirement for “impact and implementation” bargaining in areas including deployment of personnel, assignment of work and use of technology; such bargaining would be at the agency’s discretion. Unions also would not be allowed to bargain over agency-wide management rules, although unions could still bargain over the impact and implementation of other management rights below the department level, such as procedures for layoffs, staffing, discipline, leave and pay reductions, that “significantly impact a substantial portion of the bargaining unit.” The Federal Labor Relations Authority would retain jurisdiction over some issues such as conducting union elections, but many other matters now under FLRA control, including bargaining disputes, would fall under a newly created internal DHS labor board. Also, deadlines of 30 and 60 days, respectively, would be imposed on mid-term and term bargaining.