| Comment Number: | EM-008338 |
| Received: | 3/8/2005 4:08:53 PM |
| Subject: | Notice of Proposed Rulemaking, Request for Comment |
| Title: | National Security Personnel System |
| CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
| No Attachments |
Comments:
Subpart I - Labor-Management Relations Section 9901.914(c)(3) excludes from disclosure to an exclusive representative, "[i]nternal Departmental guidance, counsel, advice, or training for managers and supervisors relating to collective bargaining." The definition of "collective bargaining" ties specifically to the negotiations process, and is narrower than should be the case. Recommend expanding the exclusions to include guidance, counsel, etc., relating to administration of the CBA, including, but not limited to, that relating to handling grievances and disciplinary matters. This would help to alleviate concerns that will arise when unions otherwise seek information under 9901.914(b)(5)(ii), and written internal management advice provided in confidence is otherwise subject to disclosure. That has become particularly problematic vis-a-vis email message traffic.