3 May 2005

Today we reviewed the AFGE Air Force Material Command Master Labor Agreement with DOD and OPM in order to see hypothetically how NSPS could impact a labor agreement. To view the MLA visit the following website: http://www.afgecouncil214.org

DOD and OPM explained their intentions of the NSPS are not to give your supervisor the right to arbitrarily change your working conditions, violate the provisions of your contract, and essentially trample all over your rights. Unfortunately we are hearing in some areas supervisors are already doing this as if NSPS has already been implemented. As a union representative you must continue to enforce your contract despite how some of these idiots are interpreting NSPS. As a dedicated defense worker contributing to a greater cause you must stand up for your rights provided to you by law, rule, regulation, and union contracts. If you are not strong enough to stand up alone then contact a union representative and we will stand up for you.

Section 9901.910 (Management rights)

Here's where you have to read the fine print: Section(e)(2ii) and paragraph (i) specifically the last sentence in .910 which reads, "Management retains the sole, exclusive, and unreviewable discretion to determine the procedures that it will observe in exercising the authorities set forth in 9901.910(a)(1) and (2) and to deviate from such procedures, as necessary."

From what we're being told today NSPS does not give managers the right to simply change local arrangements without negotiating with the union. The UDWC argued Subpart I as written leaves room for interpretation regarding management "deviating" from an agreed to procedure or negotiated arrangement, and if what they're saying is true, we need that section of the regulation firmed up, otherwise it will be subject to abuse by managers within DOD, (see above paragraph)

NSPS-PEO Mary Lacy stated she agreed the language needed to be cleaned up and asked us to help them write the language

Quote of the day: Mark Gibson "What we've got here is uniform flexibility"

(Remarking on how DOD/OPM tells us one day they need "uniformity" and the next day they say "flexibility")


Article 1 Parties to the agreement

Not impacted by NSPS

Article 2 Recognition and Coverage

99% no change, but there will be a few new exclusions added to this area such as clerical personnel specialists, some employees that supervise, etc. DOD indicated they wanted more discussion in this area with the UDWC

Article 3 Rights and Obligations

Section 3.03 Management rights and Section 3.05 Permissive subjects of bargaining need to be brought into conformance with the provisions of 9901.910

Article 4 Official Time/Union Representation

Section 4.06 (11) DOD/OPM said they needed to look at the "formal discussion" area

Article 5 Discipline and Counseling

Section 5.03(c) Same as Article 4

Section 5.04 the time periods differ from the NSPS regulation and management has "Operational rights" regarding the timeframe process. Management can consult with the union over the procedures and bargain the appropriate arrangements

Article 6 Negotiated Grievance Procedure/Alternative Dispute Resolution

Section 6.01 Scope and Coverage conflicts with 9901.922(c) which state what can't be grieved (performance ratings, mandatory removal offenses, etc…)

Article 7 Arbitration

Same as Article 6

Article 8 Dues Withholding

Not impacted by NSPS

Article 9 Communications

Not impacted by NSPS

Article 10 Total Quality

Not impacted by NSPS

Article 11 Testing

Not impacted by NSPS

Article 12 Merit Promotion

Language needs to be modernized, (Air Force specific terms such as Section 12.09)

Article 13 Temporary Promotions

No impact other than performance language conformance

Article 14 Re-promotion of Downgraded Employees

Same as Article 13

Article 15 Employee Performance

This can be impacted by implementing issuances and will have to come into conformance. Questions were asked by UDWC about Section 15.04(a/b). DOD/OPM said NSPS is not prohibiting employee Performance Improvement Plans- they are negotiable. DOD/OPM also stated references to the negotiated grievance procedure and within-grade increases need to be removed, and that "cash awards" were not waived.

Article 16 Reduction-In Force

This will be impacted by implementing issuances

Article 17 Position Classification

Most of this article is not impacted, but it needs to be updated to conform. References such as "Pay Bands" rather than "Grades"

Article 18 Training

Not impacted by NSPS

Article 19 Equal Employment Opportunity

Not impacted by NSPS

Article 20 Details to Bargaining Unit Positions

Section 20.02 Detail Selection Process: Management has "Operational rights" regarding the selection process. Management will consult with the union over the procedures and bargain the appropriate arrangements

Article 21 Loans of Bargaining Unit Employees

Section 21.05 Loan Selection Process: Same as Article 20

Article 22 Travel/TDY

Section 22.10 Selection Procedures: This also is an operational right of management where they must consult with the union over the procedure and bargain the arrangements

Article 23 Annual Leave

Not impacted by NSPS

Article 24 Sick Leave

Not impacted by NSPS

Article 25 Health and Safety

Not impacted by NSPS

Article 26 Hazard and Environmental Pay

Not impacted by NSPS

Article 27 Workers Compensation

Not impacted by NSPS

Article 28 Employer-Union Cooperation at HQ AFMC

Not impacted by NSPS

Article 29 Developmental Opportunity Program (DOP)

Not impacted by NSPS

Article 30 Eating Facilities

Not impacted by NSPS

Article 31 Contracting Out

Not impacted by NSPS

Article 32 Distribution & Publicity

Not impacted by NSPS (Some terminology needs to be updated "CSRA" to "NSPS LRS", for example)

Article 33 Ground Rules for Negotiations during the Term of the Agreement

Section 33.01(b) the implementing issuances will override this provision and it will have to be renegotiated.

Article 34 Local Supplements to the Master Agreement

Not impacted by NSPS

Article 35 Duration

Not impacted by NSPS, however, there are time limits for bargaining in the proposed NSPS regulation

Article 36 Call-Back Standby, And On-Call Duty

Not impacted by NSPS

Article 37 Child Care

Not impacted by NSPS

Article 38 Unfair Labor Practices

As written there is no impact, but the proposed regulation states different time limits and needs to be brought into conformance with what constitutes a violation

Article 39 Base Closure

Not impacted by NSPS

Let's make sure that we all understand exactly what this means. DOD explained to us what types of contract language would be affected by the ENABLING REGULATIONS. When questioned, however, they made it very clear to ALL UDCW members that there are glaring loopholes and smoke screens surrounding their explanations. The truth is very clear. Under NSPS and behind the infamous Kaye Cole James letter (09 March, 2004), DOD will have the ability to supercede any/all article in any of our contracts. They never denied this fact.

Today was the first time that the true intent of NSPS was exposed for what it could POTENTIALLY become. Although there is still time to convince DOD officials that the elimination of worker rights and protections are not necessary to enhance national security, you must understand their desire and beliefs. NSPS will transform DOD into a Wall-Mart type of employer, where there are virtually no protections for employees. DOD believes that YOU will accept those conditions. Pay very close attention to what transpires over the next 14 days.