| Comment Number: | OL-10507818 |
| Received: | 3/14/2005 3:24:33 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:
Section 9901.918 – Multi-unit bargaining – DoD may require that bargaining take place at a level that involves multiple units, for example, a change affecting an entire installation. Any such negotiations will be binding on all parties included in the process and will supersede all conflicting provisions of applicable collective bargaining agreements of the labor organization(s) affected by the negotiations. These negotiations will be subject to impasse resolution by the Board. In resolving impasses, the Board will ensure that agreement provisions are consistent with regard to all similarly situated employees. The determination as to which organizations are covered under multi-unit bargaining is not subject to review by the Board. Any party may request the services of FMCS to assist with these negotiations. The unions may request multi-unit bargaining, but the Department has the sole and exclusive authority to grant the request. But multi-unit bargaining will not be subject to ratification because, according to DoD, '…such efforts contradict the basis for such negotiations: timely, uniform application of policies.' This is a no-win situation.