• Agency Head Review

  Agency Head Review (AHR) is the statutory requirement that all negotiated agreements (term agreements, Memorandum Of Understanding/Memorandum Of Agreements, rollover agreements and other documents identified in DOD Instruction 1400.25, Volume 711) be reviewed for legal sufficiency by the head of the agency or designee, which for DoW is DCPAS LER in accordance with 5 U.S.C. §7114(c)(1). Agreements must be submitted for AHR immediately following execution. Additional details for AHR submissions can be found in this Close

• 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. DoW Components coordinate with DCPAS and the appropriate DoW 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.

  DoW 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 DoW Components, for national security reasons, by way of Executive Order.

• Negotiability Proceedings

  DCPAS provides guidance and technical assistance regarding the negotiability of union proposals. When DoW 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 DoW 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 for engaging with the unions having National Consultation Rights.

  Twelve Unions with National Consultation Rights

  • Association of Civilian Technicians (ACT)
  • American Federation of Government Employees (AFGE)
  • Federal Education Association (FEA)
  • International Association of Machinists and Aerospace Workers (IAMAW)
  • International Association of Fire Fighters (IAFF)
  • International Federation of Professional and Technical Engineers (IFPTE)
  • Laborers’ International Union of North America (LIUNA)
  • Metal Trades Department (MTD)
  • National Association of Government Employees (NAGE)
  • National Association of Independent Labor (NAIL)
  • National Federation of Federal Employees (NFFE)
  • Seafarers International Union (SIUNA)

Resources

• DOD Instruction 1400.25, Volume 711, “DOD Civilian Personnel Management System: Labor-Management Relations”
• Authority: 5 U.S.C. Chapter 71 – Labor-Management Relations
• Labor Relations Training Programs