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SYSTEM ELEMENTS DESCRIPTIONS OF PROPOSED CONCEPTS
11. All Inclusive Complaints Review

(What dispute process will management, unions and employees use?)

Guiding principle: Sreamline and expedite processing of complaints providing for quicker resolution of labor disputes.

Employee Individual Complaints
Under NSPS, employee complaints (currently filed under negotiated grievance procedures, administrative grievance procedures, and the statutory MSPB appeals process) are consolidated into a new NSPS appeals system.

Local Union and Management Complaints (in lieu of union and management grievances filed under negotiated grievance procedures or unfair labor practices charges).

  • An alleged violation of NSPS labor relations regulations is appealable to DLRB, with a copy furnished to charged party.
  • These complaints must be filed within 15 calendar days fo the event or the date the charging party became aware of the event.
All Inclusive Complaints Review - Cont'd In addition -
  • An alleged violation of the local application of agency policy is reviewable by an appropriate maangement official as determined by the Component or designee or by an appropriate union official if a maangement initiated complaint.
  • The complaint process lasts no more than 30 calendar days (time to file and time to make decisions). This will not preclude extension of individual time limits as necessary.
  • Decisions in the complaint process are final and binding unless mediation is invoked by either party.
  • The DLRB may do a limited, substantive review of the original complaint decision.

Bargaining Unit Employee Complaints Against the Union
  • A complaint by a bargaining unit member against the exclusive representative will be filed with the DLRB with a copy furnished to charged party.
  • These complaints must be filed within 15 calendar days of the event or the date the charging party became aware of the event.
  • Decisions on these complaints will not direct the taking of any action by manangement.

National Level Management and Union Complaints
    Alleged procedural violations at the national level of the NSPS labor relations regulations are appealable to the DLRB, with a copy furnished to charged party.
These complaints must be filed within 15 calendar days of the event or the date the charging party became aware of the event.
MISCELLANEOUS ISSUES

Guiding principle: Establish a collaborative, issue-based approach to bargaining while minimizing disruption to existing policies and collective bargaining agreements when transitioning to the NSPS labor relations system.

Guiding principle: Provide the parties a single, streamlined labor relations system that is effective and efficient.

Guiding principle: Ensure that the Department's national security mission is accomplished without disruption due to labor disputes.

Term Collective Bargaining Agreements

  • Provisions in current term collective bargaining agreemts at the time NSPS is implemented will remain in effect until they expire or their current rollover expires except:
    • When there is a conflict with existing or subsequently issued NSPS, DoD, or Component regulations; or
    • When there is a conflict with other laws or government-wide regulations.

  • No term collective bargaining agreement can be renewed, rolled-over or negotiated at the time NSPS is implemented.
  • Provisions in expired term collective bargaining agreements may continue until they are replaced by policy or regulations issued at any level subject to the consultation process.

Status of 5 USC Chapter 71

The new NSPS labor relations system will not employ any provisions of 5 USC Chapter 71.

Prohibition in Striking

It will be a violation os NSPS regulations for employees or labor unions to call or participate in a strike, work stoppage, or slowdown, or picketing of an agency in a labor-management dispute if such picketing interferes with an agency's operations. It will be a violation of NSPS regulations for a labor union to condone any activity described above by failing to take action to prevent or stop such activity.

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