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This urgent call to action highlights how the Department of Defense (DOD) is skirting employee protections and undermining Congress by rushing to enforce controversial regulations impacting the National Security Personnel System (NSPS). The narrative underscores the importance of halting this double cross and advocates for immediate legislative interventions outlined in three specific requests. By emphasizing the impact on federal workers and the necessity of preserving collective bargaining rights, the plea urges Congress to act promptly to safeguard employee rights and prevent unethical practices. The text also delves into the repercussions for the upcoming administration and suggests measures to delay implementation for further review. Additionally, key numerical data illustrates the increasing membership and influence of affected personnel under the NSPS, underscoring the significance of the issue at hand.
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DOUBLE CROSS • DOD is deliberately misreading the law so that they can give the employees only the most basic and limited protections and move their pay for performance system forward. • Congress did not intend to leave room for DOD to define itself out of its obligations to bargain over matters of importance to employees. And now is the time to find out where the double cross occurred, DOD double crossing workers and Congress.
DOUBLE CROSS • STOPPING THE DOUBLE CROSS requires action by this Congress. While the harm is done to federal employees and the unions that represent them, the insult was to this Congress and the American people. This Congress must reinforce the intent of their previous action in the National Defense Authorization Act for 2008 and not let these final regulations go unchallenged.
DOUBLE CROSS • MESSAGE: National President John Gage said it best on July 22nd when he testified before Congress on Pay for Performance, “It is an act of cynicism and defiance on DoD’s part to think it can define itself out of its statutory obligation.”“This double cross is unfortunate, but predictable.” • This Congress MUST take action to stop the DOUBLE CROSS and ensure that its intent for full and meaningful collective bargaining occur in the establishment and implementation of NSPS.
Current Situation • On May 22, 2008, the day the House passed its version of the FY09 NDAA and ten days after the SASC completed action on its version, the DoD issued draft regulations. Among other things, it defined “rate of pay” so broadly that it would be impossible to negotiate over any procedures or appropriate arrangements. To make matters even worse, the department has announced that it intends to finalize the regulations in October, and assumes that there will be only 15 days remaining of a 60-day Congressional review period when Congress returns in January.
Impact on the Next Administration • The department’s decision to move forward hastily and unilaterally will force the current administration’s agenda on the next administration, regardless of the outcome of the election this November. The next President and his appointees must be given a chance to scrutinize these draft regulations which, when finalized, will profoundly determine the future of NSPS.
REQUEST • There are three legislative alternatives to solve this problem for the short term.
REQUEST 1. Include language in the FY 09 National Defense Authorization Act to define “rate of pay”: The term "rate of pay" in 5 U.S.C. 9902(e)(9) means-- (1) Base salary rates, and local market supplement rates; and (2) The rates comprising the structure of the pay system, including the amount of each rate in the pay structure (expressed as a dollar amount or a percentage).
REQUEST 2. Include language in the FY09 defense appropriations bill to delay implementation of the regulations until nine months following enactment: The Department of Defense shall not implement, administer, enforce, or apply the rule entitled National Security Personnel System published by the Department of Defense and the Office of Personnel Management in the Federal Register on May 22, 2008 (5 CFR Part 9901; RIN 3206-AL62; Docket Number NSPS-OPM-2008-081)until 270 days after enactment of this act.
REQUEST 3. Include a limitation amendment in the FY09 defense appropriations bill which would block funding for the May 22nd NSPS regulations: None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled National Security Personnel System published by the Department of Defense and the Office of Personnel Management in the Federal Register on May 22, 2008 (5 CFR Part 9901; RIN 3206-AL62; Docket Number NSPS-OPM-2008-08).
Some Numbers • In 2000, AFGE had about 198,000 union members. 40,000 of these in DOD locals. (20% of AFGE membership) • In 2008, AFGE has about 235,000 union members. 65,000 of these in DOD locals. (27% of AFGE membership) • A 7% growth from August 2000 to September 2008 in DOD membership alone
Some Numbers • Approximately 265,000 DOD employees are in bargaining units represented by AFGE. • In 2000, this represented about 15% penetration. • In 2008, this represents about 25% penetration.
Nine Bargaining Units Under NSPS • All organized AFTER conversion to NSPS • 1 Navy bargaining unit (41 employees) Navy Performance Center bargaining unit. Navy is not funding and eliminating the organization. • 6 Army bargaining units (174 employees) • L-2113, Army Security Guards • L-1647, Scranton Army Ammunition Plant • L-1263, CAL MED, Presidio (going back to GS) • Pentagon Tri-Service Dental Clinic • L-2302, US Army Accessions Command, Fort Knox • Detroit District (5 out of a unit of 200 are in NSPS) (They voted to be part of a larger, existing unit.) • Fort McClellan Training Support Group • 1 Air Force bargaining unit (42 employees) • L-1764, Security Guards, Travis AFB • 1 Defense Logistics Agency bargaining unit (24 employees • C-169, DTBNSPS Americas WEST
Nine Bargaining Units Under NSPS • Currently, 281 NSPS employees covered by above units • 1 Army unit and DLA unit are existing units - added NSPS employees • Both have collective bargaining agreements in place • Army unit covers 177 employees • DLA unit covers 15,140 employees • DTBNSPS Americas WEST
PENDING NSPS UNIT PETITIONS • GS employees at Offutt AFB
The right course is the one championed by Ronald Reagan 30 years ago, and by John McCain today. It is to rein in government spending and lower taxes, for taking a weed-whacker to excessive regulation and mandates, for putting a stop to tort windfalls, and to stand up to the Tyrannosaurus appetite of government unions."Mitt Romney, September 3, 2008 in speech at the Republican National Convention
DEFCON Rapid Response VOLUNTEERS • Activists volunteer their time to help other locals do worker education and organizing events • DEFCON covers cost of their participation • Requires at least 3 weeks advance notice to find volunteers and work out travel arrangements • We need to build the list of volunteers • WE NEED MORE EVENTS SCHEDULED
DEFCON Rapid Response CALL TEAMS • Designed to build an internal capacity to call our 65,000 members and move them to action. • DEFCON funded • Time zone considerate • Provides for placing pressure where pressure is needed.
CAMPAIGN OBJECTIVE BLOCK NSPS FINAL REGULATIONS Constituents‘ Contact ELECTED REPRESENTATIVE UNION leafleting & desk drops UNION contacts ELECTED REPRESENTATIVE UNION Lunch N Learns MEDIA contacts ELECTED REPRESENTATIVE DEFCON Rapid Response Call Team Member to Member outreach Letters to the Editor MEMBERS receive AFGE Direct Mailings UNION holds informational picket that Generates media coverage Union provides ELECTED REPRESENTATIVE with background information
