Reorganizations/RIF

Summary of the Situation

Since becoming an independent agency under DoD four years ago, DCMA has constantly conducted reorganizations of its various offices.  The Collective Bargaining Agreement between AFGE and DCMA provides that procedures and appropriate arrangements for adversely impacted employees will be negotiated between the PLFA (District Headquarters) and the impacted Local.  DCMA refuses to honor and follow these provisions.  Even when the Local notifies the DCMA District Headquarters that they are aware of the reorganization and requests bargaining, DCMA ignores the union and proceeds with the unilateral implementation of the changes.  Reorganizations sometimes result in employees being RIF, reassigned out of their local commuting area or suffering downgrades.  DCMA refuses to bargain with the Locals on any of these issues and the employees suffer.

The Details

The Master Agreement between AFGE and DCMA basically says that the PLFA (DCMA West for this Local) will provide notice of reorganizations and will bargain with the Local upon demand.  This language in in keeping with the Labor Management Relations Statute which requires federal agencies to provide notice and bargain with the union over agency proposed changes to employee conditions of employment.  The language in the Master Agreement constitutes an agreed to delegation of bargaining obligation and authority to the PLFA and the individual AFGE Locals.

Seems pretty simple doesn't it?  Well, DCMA does not want to provide notice of reorganizations to the Local nor does DCMA want to engage the Locals in bargaining.  DCMA simply wants to tell the union, in an indirect round about way, what they are planning on doing and that is the end of it.  When the Local does receive word that a reorganization is planned, the word comes from someone far below the level of bargaining authority.  DCMA has repeatedly refused to provide the Local with proper notice, the details and specifics of the planned reorganization and DCMA has consistently refused to bargain with the Local on reorganizations.

The Local can't negotiate over the fact that a reorganization/RIF will take place, so what can the Local negotiate?  The Local can propose and negotiate over procedures that will be followed in carrying out the reorganization and appropriate arrangements for adversely impacted employees.  If the agency has vacant positions, the union can insure the agency offers these positions to adversely impacted employees before they are RIF out of the local commuting area or before they suffer from the downgrading of their position.  The Local can negotiate seniority choice in choosing positions, supervisors, work assignments, or office seating if more than one employee will be impacted.  Since DCMA refuses to notify and bargain with the union, employees are at the mercy of managements whim.

AFGE Local 2128 has filed a union grievance with DCMA West on this issue, but the grievance has gone unresolved and the union is being forced into arbitration.  It seems that DCMA does not honor its agreements with the union and DCMA apparently has no intention of allowing employee representatives to have any input into DCMA reorganization plans.  DCMA has the upper hand and acts like a bully because they can force employees into these adverse situations and then sit back while the union processes grievances and forces the agency into arbitration.  DCMA would apparently squander several thousand dollars on arbitration in the gamble that the union will not follow through.  If nothing else, DCMA is forcing the union into arbitration on every single employee issue that comes up because DCMA knows that the union has limited funds and they can break the union by breaking the union's bank. Concern for bargaining unit employees career and welfare seems to be the farthest thing from DCMA management minds.

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