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NAF CONTRACTING OUT

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NAF CONTRACTING OUT

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  1. With limited exceptions, each DoD service/agency has to keep the number of federal employees below FY2010 levels, while no restriction has been placed on the number of contractors.  Thus, DoD is trying to shift work to contractors (and military personnel) wherever possible to free up civilian positions. NAF is a favorite target.  NAF CONTRACTING OUT

  2. 1. Rule2. Differences of Opinion3. Status Quo4. What to do5. Information Needed NAF CONTRACTING OUT

  3. 1. RuleDoD cannot contract out any function performed by any number of federal employees.- No Direct Conversions: Federal law says DoD cannot contract out any function performed by any number of federal employees unless a formal cost comparison is completed first (i.e., OMB Circular A-76 study). - No A-76: Federal law says that DoD cannot spend any money to do A-76 studies.This rule is explained not only in law but also in two DoD memoranda. NAF CONTRACTING OUT

  4. Dec 1, 2011 Memo from Under Secretary of Defense (Personnel & Readiness):“Prohibition on Converting Certain Functions to Contract Performance”“ … Under section 2461 of title 10, United States Code (U.S.C.) the Department is prohibited from converting work currently performed (or designated for performance) by civilian personnel to private sector (contract) performance without first conducting a public-private competition. The National Defense Authorization Act for fiscal year 20I0 (public Law 111-84) … “extend[ed] the requirement for a public-private competition prior to the conversion of work by any number of civilian employees. … The Department is currently precluded, under a moratorium, from conducting public-private competitions. This prohibits the conversion of any work currently performed (or designated for performance) by civilian personnel to contract performance . This prohibition applies to functions and work assigned to civilians, regardless of whether or not the position is encumbered. When new requirements arise, such as those that may occur as military end-strength levels are reduced, special consideration must first be provided, consistent with section 2463 of title 10, U.S.C., and applicable Department policies, to using Department of Defense civilian employees. This includes billets and work that may have been unencumbered for an extended period of time.” NAF CONTRACTING OUT

  5. Mar 8, 2012 Memo from Under Secretary of Defense (Personnel & Readiness):“Update on OMB Circular A-76Public-Private Competition Prohibitions”“… Asa result of statutory restrictions … the Department is prohibited from converting any work currently performed, or designated for performance, by any number of civilian personnel to private sector (contract) performance. A government-wide moratorium on the use of funds for public-private competitions has been extended through fiscal year 2012. … Furthermore, consistent with section 325 of the National Defense Authorization Act for Fiscal Year 201 0 (P.L. 111-84), the Department of Defense is prohibited from beginning or announcing any public-private competitions under OMS Circular A-76 until certain certification requirements are met … [and] the Department has not met all of the certification requirements to lift this prohibition, specifically those related to the Inventory of Contracts for Services. … Finally. consistent with section 2461 of title 10, United States Code, these moratoriums prohibit the conversion of any work currently performed (or designated for performance) by civilian personnel to contract performance. This prohibition applies to functions and work assigned to civilians, regardless of whether or not a position, or billet, is established for that work, and whether or not that position, or billet, is encumbered….”. NAF CONTRACTING OUT

  6. 2. Difference of Opinion:- GAO and some folks in the services think that the prohibition does NOT apply to work done by NAF employees. They say that, traditionally, the term “federal employees” does not include NAF.- AFGE and the Under Secretary of Defense (Personnel & Readiness) agree that the prohibition DOES apply to work done by NAF employees. NAF CONTRACTING OUT

  7. 2. Difference of opinionThe rule, in its various forms, uses the terms:CiviliansCivilian employeesAgency civilian employeesDoD civilian employees Civilian personnelExecutive agency personnelDoD personnel Federal employees NAF CONTRACTING OUT

  8. 3. Status Quo- Illegal or not, the services will contract out NAF work if they want to unless we stop them. NAF CONTRACTING OUT

  9. 4. What to Do- To date, neither lawsuits nor grievances/ULPs have stopped the contracting out of NAF work (although the bargaining process can result in a softer landing for affected employees).- The only successful strategy (although there is no guarantee) is to fight NAF contracting out administratively and legislatively. NAF CONTRACTING OUT

  10. 4a. What to Do (Basic Steps)- Determine where AFGE represents NAF employees, how many, and what they do. - Become familiar with the direct conversion rules.- When you hear of NAF contracting out plans, immediately notify AFGE’s Field Services and Education Department (FSED) (Director Bill Fletcher, (202) 639-4012 or fletcb@afge.org). - Join AFGE’s Face Book groups “AFGE Legislative” and “AFGE DEFCON”. NAF CONTRACTING OUT

  11. 4b. What to Do (Administratively)- Talk to management to determine agency plans for NAF work. - Determine who the NAF policymakers (as opposed to labor relations staff) are locally, in each service, and DoD generally.- Work with management and policymakers at all levels to develop alternatives to contracting out.- When you hear of NAF contracting out plans, submit your objections to management in writing and notify the Under Secretary of Defense (Personnel & Readiness) – AFGE’s FSED can assist with both. NAF CONTRACTING OUT

  12. 4c. What to Do (Legislatively)- Right now, start developing a relationship with your lawmakers based upon your mutual concern for the health and future of your military installation (i.e., meet with their staff now to discuss your installation in general rather than focusing only on specific labor-management concerns or waiting until you have a contracting out problem). - When you hear of NAF contracting out plans and are interested in lobbying, immediately contact John Threlkeld in the AFGE Legislative Department at (202) 639-6466 or threlj@afge.orgso that he can assist you in devising a legislative strategy. NAF CONTRACTING OUT

  13. 4c. What to Do (Legislatively)- Develop a simple fact sheet for lawmakers that explains what is happening, why it is bad, and what you want lawmakers to do about it. AFGE’s National Office can assist with this. - Schedule meetings with your lawmakers to enlist their help.- Circulate a petition objecting to NAF contracting out to be signed by the affected employees/other employees/community members. Sample petitions can be provided by AFGE’s FSED. NAF CONTRACTING OUT

  14. 5. Information NeededFact versus Rumor: Rumors are reasons to ask questions, but we can’t do much without facts. Rumor: I heard that they are going to start contracting out here. Fact: I received this email stating that management plans to contract out the arts and crafts function at our installation. NAF CONTRACTING OUT

  15. 5. Information NeededWho: Which employees? How many employees? What: What functions? Where: Is this happening at other bases, too?Why: Did management provide an explanation?When: When will it happen? Has this already happened?How: Will a current contractor take over the work? NAF CONTRACTING OUT

  16. Community Allies NAF CONTRACTING OUT • Meet with community leaders (such as the chamber of commerce, city/county commissioners, etc.) and outside interest groups (such as veterans’ groups, churches, etc.) to explain your concerns about the contracting out of NAF jobs. Ask them to communicate with the agency and lawmakers in support of the NAF workers.

  17. Media NAF CONTRACTING OUT • Contact the AFGE Communications Department to get help in developing a media strategy. • Possible Steps: • - Explain your concerns to local newspaper, radio, and TV outlets. • - Write a letter to the editor. • - Invite the media to a town hall event to hear the union’s arguments. That gives them an event to cover.

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