April 19th 2005


To follow along with the UDWC and AFGE DEFCON Taskforce, you can get a copy of the Federal Register at . The daily order of business and agenda is to start with subpart A, 9901.101 of 5CFR chapter XCIX.

DoD and OPM officials presented a draft Meet and Confer Procedure agreement covering tentative agreements reached between the parties during the process, and the steps to be taken should those agreements be rejected by senior DoD and OPM leadership. The agreement also covered the following: tabling issues for later disposition where an agreement is not reached, and status of all issues at the end of the meet and confer process. This proposal as drafted was unacceptable to the UDWC and it was decided to establish a counter-proposal writing team. UDWC submitted a counter proposal and we are waiting for a response. This just in: Received a counter proposal from DOD at the end of negotiations for the day. UDWC and DEFCON Task Force are reviewing counter proposal.

Subpart A General Provisions


Silences or absence of discussion does not constitute that the UDWC's written comments and recommendations are to be discounted. The Unions are asking for dialogue on the submitted recommendations and DoD along with OPM indicated they will point out any areas they may have concerns as we move through the Register.

DoD and OPM have identified their desire under 9901.102 to look at other Agency's in the future to fall under NSPS. The intent for them writing this provision allows all concerned to have continuing collaboration in any subparts, noting that Implementing Issuances will be the means for this to happen. UDWC made clear that the definition is not acceptable. UDWC has asked for clarity on what legitimate interest there is in having the authority of issuances so broad in nature and power to circumvent any collective bargaining agreements.

Subpart B Classification


Classification process will start as a personnel action notifying you of a conversion from current pay scales to new Pay Bands. This occupation you are in today should stay within the same series. Coverage exclusions will follow in implementing issuances i.e.; Mariners, Police and Teachers. Classification appeals will stay as status quo. A good deal of time was spent on examples of structures, reclassification, or categorizing. OPM offered to provide a detailed briefing during the M&C tailored toward the questions submitted by the UDWC body.

Subpart C Pay and Pay Administration


The UDWC submitted a 12 page question and answer recommendation to OPM on Pay and Pay Administration.

AFGE's Mark Roth pointed out that OPM has a statutory obligation to provide to the coalition a pay plan and has failed to submit this detail.

After a short overview of this subpart OPM has indicated that more information will be part of the HR's briefing that is forth coming. This will include definitions and examples as described in 9901.304. At this time they indicated Locality Pays are at risk to going to local market supplements.

SIDE NOTE: Implementation costs for NSPS are estimated by DOD to be $158M.

Within a few days management will provide information on the below listed issues to the union:

  1. Intention of question of bargaining obligation for an Agency to be removed from NSPS. 9901.106
  2. Set forth the extent possible on who is covered by statute 102f(1) and those not. Will they be covered under the pay plan? Special pay, NAF,WG's or demo projects. 9901.102
  3. The intent of the scope and meaning of the authority of implementing or any
  4. issuance's to override CBA's, including the authority of an issuance to preclude

    bargaining in the future.

  5. DoD's intent in combining performance and conduct or behavior in definition of
  6. performance. 9901.103

  7. Under your management rights' clause, and the exceptions thereto, what subjects

are bargainable