NSPS HEAD ON Next Steps

1
NSPS - HEAD ONNext Steps
2
NSPS DOUBLE CROSS
3
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.

4
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.

5
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 DoDs 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.

6
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.

7
Impact on the Next Administration

• The departments decision to move forward hastily
  and unilaterally will force the current
  administrations 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.

8
REQUEST

• There are three legislative alternatives to solve
  this problem for the short term.

9
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).

10
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.

11
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).

12
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

13
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.

14
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

15
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

16
PENDING NSPS UNIT PETITIONS

• GS employees at Offutt AFB

17
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
18
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

19
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.

20
Call Teams being established NOW!
21
How we HOPE to grow Call Teams.
22
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