DCPAS is responsible for providing strategic and technical advice and consulting services to DOD leadership and senior labor and employee relations professionals. Additionally, DCPAS performs a variety of Labor Relations functions such as:
Agency Head Review
Agency Head Review (AHR) is the statutory requirement that all negotiated agreements (term agreements, Memorandum of Understanding/Memorandum of Agreements, and rollover agreements) be reviewed for legal sufficiency by the head of the agency or designee, which for DOD is DCPAS, in accordance with 5 U.S.C. §7114(c)(1). The AHR must be accomplished within 30 days from the date the agreement is executed in accordance with 5 U.S.C. §7114(c)(2). Likewise, agreements that contain “automatic renewal” or “rollover” clauses are also subject to AHR at the close of any “open window” provision in the agreement if the parties elect not to renegotiate any provision in the agreement. If not approved or disapproved within that time, the agreement goes into effect the 31st day after execution (to the extent it is consistent with law and Government-wide regulation) in accordance with 5 U.S.C. §7114(c)(3). Agreements must be submitted for AHR immediately following execution.
Representational Matters and Exclusions
DCPAS provides technical assistance and guidance on representational and exclusion matters including reorganizations, union representation issues, eligibility questions, elections, and national security matters. DOD Components coordinate with DCPAS and the appropriate DOD Component HQ on Federal Labor Relations Authority (FLRA) representation proceedings and any proceeding involving national security issues. Representation issues include among other issues: appropriateness of bargaining units, the impact of reorganizations on existing bargaining units, consolidation petitions and issues involving the eligibility of employees who perform security work that directly affects national security, and applications for review of FLRA Regional Office decisions and orders.
DOD Components seeking to exclude individual employees from a bargaining unit based on intelligence, counterintelligence, investigative, or national security work pursuant to 5 U.S.C. §7112(b)(6) are required to seek approval from DCPAS before filing a petition. In addition, DCPAS issues an annual call for requests to exclude DOD Components, for national security reasons, by way of Executive Order.
DCPAS provides guidance and technical assistance regarding the negotiability of union proposals. When DOD Components receive a request for a written declaration of non-negotiability from a union, the Component must receive approval from DCPAS and the Component HQ representative before providing the declaration.
Unfair Labor Practice Cases
DCPAS provides technical assistance and guidance on exceptions to unfair labor practice cases. DCPAS must be provided with a copy of an exception to an Administrative Law Judge’s (ALJ) decision in an unfair labor practice case. A DOD Component may consult with DCPAS before filing an exception to an ALJ decision or an opposition to a union-filed exception.
National Consultation Rights
The Statute, 5 U.S.C. Chapter 71, provides for National Consultation Rights and grants these rights to labor organizations which represent 3,500 bargaining unit employees within an Agency or Department (5 C.F.R. §2426.1). DCPAS manages the process and recognizes twelve (12) unions as having National Consultation Rights.