AFGE has amicably settled two unfair labor practice (ULP) charges filed against the Department of Defense for failing to properly consult with the union over proposed employee transfers.
The settlements reached ensure that DoD will recognize AFGE’s national consultation rights and provide the union with regular briefings and opportunities to comment on plans affecting tens of thousands of employees working in health care and information technology (IT) positions.
On March 22, AFGE filed a ULP with the Federal Labor Relations Authority over the department’s failure to notify the union over plans to consolidate medical employees currently working at individual DoD services and agencies into the newly created Defense Health Agency.
On May 20, AFGE filed a separate ULP over DoD’s failure to notify AFGE or seek the union’s input about its plans to transfer information technology workers from the Defense Contract Management Agency (DCMA) to the Defense Information Services Agency (DISA), which is part of a larger plan to put DISA in charge of more than 1,200 IT positions currently assigned to individual DoD agencies.
Under Title 5 of the U.S. Code , federal agencies are required to consult with labor unions over any proposal that would substantively change employment conditions, provided that those unions represent a substantial number of agency employees but are not the exclusive representative at the agency.
“The Department of Defense clearly violated the law by failing to notify AFGE of these proposals and not allowing the union to provide our views and recommendations,” AFGE President J. David Cox Sr. said. “We’re glad we were able to reach a settlement that ensures we have an open flow of communication and dialogue regarding these proposed changes and the impact they could have on the employees we represent.”