Under Section 1110 of the fiscal 2022 National Defense Authorization Act (NDAA), Congress directed federal agencies to allow firefighters to trade shifts with their colleagues.
The Office of Personnel Management issued a detailed policy memo last December instructing agencies how to apply the new benefit.
The Defense Department, however, has failed to implement this policy. So far, Navy Mid Atlantic is the only area that is implementing the law. No other Navy regions or other DoD agencies are allowing bargaining, citing no guidance from DoD, guidance not to touch it, or no time keeping system in place. This means DoD firefighters don’t have access to one of the benefits Congress approved for them.
AFGE Firefighter Steering Committee Chair Kurt Rhodes said DoD agencies just don’t care.
“It seems like they don't want to put in the time or work to come up with a solution to solve this issue,” he said. “My vice chair John Anderson has been working on this issue at higher levels and has gotten some progress, but people at lower levels still don't want to work with us and get the issue solved.”
The committee has worked on providing guidance out to get all locals to the table.
“We are looking to have each local file a ULP [unfair labor practice] complaint, most likely on bad faith bargaining,” said Committee Vice Chair John Anderson. “Most agencies are using the excuses that no guidance has come down to do it. So they won't even meet at the table.”
Anderson said the issue affects morale, retention, and hiring, which they are already struggling to deal with.
“On average we are paid less than our local counterparts as well as working up to 30 or more scheduled shifts a year,” he explained. “We are seeing a lot of installations that are struggling to even hire basic firefighters.”
Rhodes said the next big problem is only a month away: another law was passed on minimum manning to be implemented on Dec. 23, 2023.
“As of today no guidance has come out. Talk is that they will shut down stations and brown out trucks. This will be the first part of the law that will be broken. The law was all about improving safety. Reducing response vehicles does not promote safety, it reduces safety, not only to firefighters but to the community they protect,” he said.
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