Van Hollen Letter

Contact Your Member of Congress—Request They Sign On
Support Rep. Chris Van Hollen's Dear Colleague Letter on NSPS

Rep. Chris Van Hollen (D-MD) is circulating this "Dear Colleague" letter regarding the NSPS plan. We encourage you to contact your member of Congress to request that they sign on. We need the support of Democrats and Republicans. This is urgent. Please do it today.

Thanks,

Ron Ault, President/ Metal Trades Department

Stop the Defense Department Effort to Eliminate Basic Rights of Civilian Employees

Last November, a majority of House members from both parties voted for the Department of Defense (DoD) authorization bill. Through this legislation, Congress sought to give the Department some personnel flexibility, yet still protect the fundamental labor rights of 700,000 DoD employees. The legislation thus authorized the Department to create a new system for resolving labor-management disputes for the next six years. However, any new system would have to maintain the right of employees to join unions, the right of unions to bargain collectively, and the duty of unions and management to bargain in the good faith.

Despite Congress' clear directive that labor rights should be safeguarded, the Department recently released a proposal for a new labor relations system that virtually eliminates collective bargaining. The proposal contains many troubling provisions, including:

As Secretary Rumsfeld and other Pentagon officials have testified, the hard-working men and women at the Defense Department worked in partnership with our armed forces to achieve a military victory in Iraq. They deserve to be thanked, not to have their collective bargaining rights revoked. Therefore, I ask you to join me in writing to Secretary Rumsfeld and asking him to withdraw the labor relations proposal and submit a new proposal that is consistent with the intent of Congress. A copy of my letter is below.

If you would like to sign this letter, please contact Phil Alperson of my staff at x55341 or via e-mail by March 19, 2004.

The Honorable Donald H. Rumsfeld
Secretary
Department of Defense
The Pentagon
Washington, D.C. 20301

We are writing to express our serious concerns about the proposal for a new Department of Defense (DoD) labor relations system that has been distributed to congressional staff and employee groups.

In the National Defense Authorization Act (NDAA), which was enacted last November, the Department was authorized to modify the procedures for
resolving labor-management disputes for the next six years. However, Congress stated that any new procedures would have to protect fundamental
labor rights, such as the right of employees to join unions, the right of unions to bargain collectively, and the duty of unions and management to
bargain in good faith. Congress also stated that the current labor relations system could be modified only in furtherance of the Department's
"national security mission." [1]

In hearings that preceded the passage of the NDAA, DoD officials repeatedly stated that they were not trying to eliminate collective bargaining rights. [2] A majority of House members from both parties voted for the bill with the assurance that fundamental labor rights would be protected. Thus, we were very troubled to learn that DoD has submitted a proposal for a new labor relations system that abrogates these rights and goes well beyond what Congress intended in the NDAA.

Under this proposal, good-faith collective bargaining would be virtually eliminated and replaced by "consultation" with unions over proposed personnel changes. DoD could unilaterally decide what personnel changes are "significant" enough to be subject to collective bargaining. If DoD and its unions could not reach agreement, the Department could unilaterally implement the personnel changes and cut off all post-implementation negotiations. Moreover, DoD could unilaterally issue regulations to supersede existing collective bargaining agreements negotiated by the Department and its unions.

To the extent that any collective bargaining is permitted under the new labor relations system, labor-management disputes would be resolved by a newly created Defense Labor Relations Board (DLRB). This board would be located within the Department, with its members selected by the Secretary. We do not believe such a system satisfies the NDAA requirement that any labor relations system developed by DoD must provide for "independent third party review of decisions." [3]

The DoD proposal also contains several provisions aimed solely at reducing union membership. Most notably, the proposal prohibits as many as 200,000
DoD employees - including some clerical employees, some professional employees, attorneys, and term-appointment employees - from joining unions. [4] DoD has provided no justification for how such changes further the Department's national security mission, as is required by the NDAA.

We strongly urge the Department to withdraw this proposal immediately and submit a new proposal that is consistent with the intent of Congress.

PHIL ALPERSON
Legislative Director
Congressman Chris Van Hollen (MD-8th)
Montgomery and Prince George's Counties
1419 Longworth House Office Building
Washington, DC 20515
202 225 5341 (phone)
202 225 0375 (fax)
http://www.house.gov/vanhollen/

_____
[1] National Defense Authorization Act (NDAA) for Fiscal Year 2004 (P.L. 108-136), § 9902(m)(1).

[2] Testimony of Deputy Secretary of Defense Paul Wolfowitz before the House Government Reform Committee (May 6, 2003) ("My understanding is that collective bargaining will still be an essential part of the process"); Testimony of Undersecretary of Defense David Chu before the House Subcommittee on Civil Service and Agency Organization (Apr. 29, 2003) ("And there's no proposal here to - for anyone to lose his or her collective
bargaining rights").