Comment Number: OL-10507819
Received: 3/14/2005 3:24:48 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:

9901.919 – Collective bargaining above the level of recognition – Negotiations can occur at the DoD or Component level with labor organization(s) above the level of exclusive recognition. The decision to negotiate at a level above the level of recognition as well as the unions involved, rests with the Secretary and will not be subject to review. Any such agreement reached in these negotiations will be binding on all subordinate bargaining units of the labor organization(s) afforded the opportunity to bargain at the level of recognition and their exclusive representatives, and DoD and its Components, without regard to levels of recognition. The agreement will supersede all conflicting provisions of other collective bargaining agreements of the labor organization(s), including collective bargaining agreements negotiated with an exclusive representative at the level of recognition. Except as provided for by the Secretary, there will be no further negotiations with the labor organizations for any purpose, including bargaining at the level of recognition. This violates the intent of Congress, which is to maintain employee's rights to representation.