DOD could soon ignore unions

By Matthew Korade
Star Senior Writer
03-30-2004

A Department of Defense initiative to create a new civilian personnel management system would eliminate labor unions’ collective bargaining power, possibly allowing the DOD to ignore union demands and transfer any number of civilian jobs to private defense contractors. Local union leaders say the Defense Department proposal as it stands today could be worse than the upcoming round of base cuts in its impact on federal employees. "They could do anything they want to as far as the workload and as far as the personnel and there would be nothing we could do," said Charlotte Flowers, national vice president of the American Federation of Government Employees’ 5th District, which includes Alabama, Florida, Georgia and Tennessee. Defense Department spokeswoman Lt. Cmdr. Jane Campbell, said the proposal was still in the developmental stages. "We provided concept proposals to get the dialogue started at meetings held last month, but they were just that — concepts," Campbell said. In passing the National Defense Authorization Act last November, Congress authorized the Defense Department to change its labor management system, which sets forth the right to form unions and to bargain collectively. Defense Department officials say their proposal – a new framework of regulations governing how civilians are hired, compensated, promoted and disciplined – is needed to replace "outdated and rigid civil service rules that hindered the department’s ability to carry out its national security mission." The problem, union officials say, is that the new proposal eliminates collective bargaining and other basic union protections. Among the most significant changes: The Defense Department can decide what personnel changes are significant enough to be subject to collective bargaining. The DOD is required only to consult with unions over proposed changes to personnel. If an agreement can’t be reached, it can make the changes without further discussion. DOD clerical workers, professionals, attorneys and temp employees, will be barred from joining unions. The DOD is absolved of all responsibility if it mishandles union dues. The DOD would apply Freedom of Information Act rules to union requests for information during labor disputes. (FOIA rules were written for the general public about the actions of government, and only that information in the public interest must be divulged). After reviewing the DOD proposal, several ranking minority members of Congress, including Rep. Ike Skelton and Sen. Carl Levin, who sit on the House and Senate armed services committees, wrote a letter to Secretary of Defense Donald Rumsfeld, strongly urging the Defense Department to reconsider its plan. The proposal went far beyond Congress’ initial intent of enhancing national security, they wrote. Third District Congressman Mike Rogers, R-Anniston, also sent a letter about the proposal to the undersecretary of defense for personnel and readiness. In the letter, Rogers voiced union concerns over the removal of traditional protections. While commending the DOD’s efforts to make the 700,000-employee personnel system more efficient, he also urged that the secretary work closely with all parties to arrive at a plan that would be to everyone’s satisfaction. Rogers said he expects the DOD will compromise more as discussions continue. If it doesn’t, he’ll get further involved, he said. "My sense was the initial proposal was a little over aggressive, but that’s the way negotiations work," Rogers said in a telephone interview Friday. Everett Kelley, president of the depot’s AFGE union, which has more than 3,000 members, said the proposal is nothing short of union busting. "We ensure safe worker practices, fair competition and promotions, and all that would really be going out the window," Kelley said. Defense Department officials have said the new system will adhere to the traditional merit principles, respect the right of employees to bargain collectively and accommodate what is known as "veterans’ preference," favoring employees who are veterans of the military when making decisions about layoffs. Campbell said there is no specific timeframe for implementing the proposed changes. The timeline will be "not based on dates, but based on accomplishments in the negotiation process," she said.

About Matt Korade

New York native Matt Korade is senior writer for The Anniston Star.