The proposed rules, like similar final rules recently
unveiled by the Department of Homeland Security, expands
non-negotiable management rights to include determining
mumbers, types and grades of employees and methods,
technology and means of performing work, although as
at DHS management will consult with unions. Also
non-negotiatble will be department- or component-wide
issuances. DoD also will conduct national-level
bargaining in areas where it believes it needs a
uniform policy, although local contracts wlll continue
to be negotiated in other areas. The regs also
establish an internal National Security Labor Relations
Board that will take over many of the functions now
performed by the outside Federal Labor Relations
Authority, including adjudicating unfair labor
practices, resolving questions of management rights
and scope of bargaining. FLRA will continue to have
authority over union elections in DoD and will review
decisions of the DoD labor board. Federal unions
already have announced that they will file suit
against the labor relations provisions, as they have
at DHS.
