Labor-Management Obligations in DHS

Signed March 12, 2003

As a reminder, all collective bargaining obligations that existed in the various components prior to the Department of Homeland Security (DHS) transfer carry forward and are still active. The use of the term "collective bargaining obligations" includes but is not limited to:

• issuing notices and proposals to the union when contemplating changes in conditions of employment (which includes shift hours and tour coverage), and subsequent bargaining if the union seeks negotiations;
• providing the opportunity for union representation when communicating directly with bargaining unit members on grievances, personnel policies or practices, or other general conditions of employment;
• responding to information requests and grievances within the applicable timeframes;
• honoring negotiated agreements by following the language in those agreements; and
• observing principles of "good faith" bargaining.

A union representative's existing chain-of-command in the federal service presents confusing issues for managers that now head combined or new program areas. Some union representatives are no longer in the same program area as the bargaining unit members they now represent. Until bargaining units are recertified or reconstructed in the ensuing months, managers must be aware that union representatives have the right to continue to represent the bargaining unit as they did before March 1, 2003. By way of example, an interim District Director for Interior Enforcement in the Bureau of Immigration and Customs Enforcement (BICE) must give a union representative the opportunity to attend a meeting in which the District Director discusses shift changes and new hours of work with bargaining unit members, even if the union representative now works in a component outside of BICE. Similarly, a Customs and Border Protection (CBP) interim Port Director has a responsibility to honor all negotiated documents and respond to bargaining demands from union representatives in the Animal and Plant Health Inspection Service, Plant Protection and Quarantine (APHIS PPQ), even if the union representative remained with those parts of APHIS PPQ that did not transfer to DHS.

Conflicts between programmatic necessities and collective bargaining obligations will invariably arise in DHS, as they did before the Department's creation. Skilled communication between managers and union representatives can often minimize disharmony and prevent situations from escalating to grievances or unfair labor practice charges. We are looking very carefully at the labor-management relationship in our eventual redesign of the human resources management system. Until new guidance is issued, all DHS managers are expected to honor contractual and statutory obligations that are in place.

If you have questions about your obligations or are in doubt as to what course to follow, please consult with the human resources Employee Relations or Labor Relations professionals servicing your program. If you require guidance as to labor relations policy, please contact Melissa Allen, Acting DHS Chief Human Capital Officer, at (202) 786-0061, or e-mail her at melissa.allen@dhs.gov.

Return to Department of Homeland Security (DHS)

Do you see a mistake or inaccuracy in this page? Please report it.