NOAA Workforce Management Office

Serving NOAA's Most Valuable Asset - People

NOAA Supervisory Resource Guide

What Should I Do When Contemplating Changes in the Organization?

As a manager, you are responsible for the constant analysis and reassessment of your operation in an effort to maintain and improve its efficiency. The results of this analysis may lead you to explore ways to do things better.

However, there are certain labor relations requirements that must be fulfilled depending on the method that you choose to examine your options and implement the option(s) chosen.

From deliberation to decision . . .

Solicitation You want to meet with your bargaining unit employees to solicit their input on ways to improve the flow of work and productivity.

A meeting with employees for this purpose would be considered a formal discussion. A formal discussion requires that the union be given advance notice of the meeting and the opportunity to attend. Once you have properly notified the union, you may proceed as scheduled whether or not the union chooses to attend.

Forming Teams or Work Groups You want to form a team or work group of employees (including some in the bargaining unit) to analyze the work flow and submit recommendations for improvement.

The Federal Labor Management Relations Statute (5 USC 71 also known as the Statute) gives the union the right to be represented at any discussion between one or more representatives of the agency and one or more employees in the bargaining unit or their representatives concerning any personnel policy or practices or other general condition of employment. In addition, if you have a collective bargaining agreement (contract), there may be provisions in the contract that govern the methods for selecting bargaining unit employees for participation on teams or in work groups or the level of union involvement in the pre-decisional process.

Accordingly, if you decide to involve bargaining unit employees as members of teams or work groups, make sure that you consult your contract and/or your WFM Advisor to ensure that you recognize and fulfill your labor relations obligations. ¹

Communicating/Implementing your Decision Before you announce and proceed to implement changes to the policies, procedures, or general conditions of employment within your organization, you must fulfill the labor relations requirements and procedures articulated by the Statute and/or in your contract:

1. The union must be provided advance notice of the proposed change and the opportunity to bargain over the actual decision to change and/or the impact of the implementation of the change.
• The actual notice and response timeframes are determined by your contract or the practices previously observed within your organization.
• The context of the discussions/bargaining is dependent on the nature of the proposed change.
• If the proposed change is an exercise of a management right ² provided under the Statute, then the union must be given the opportunity to bargain over the impact of the implementation of the change. ³
• If the proposed change is not the exercise of a management right under the Statute, then the union may elect to bargain over the substance of the change (the actual decision to change) AND the impact of the implementation of the change.
2. Once the union has requested the opportunity to bargain, the change cannot be implemented until an agreement has been reached or it has been adjudicated by a third party.

Failure to provide appropriate notice to the union in any circumstance may result in a violation of the terms of your contract and the Statute. Such violations may lead to the filing of a grievance against management or an Unfair Labor Practice charge filed with the Federal Labor Relations Authority, the government agency responsible for enforcing the Statue.

Your WFM Advisor serves as a consultant and will assist you with the formulation of strategies and the research and preparation of documents to facilitate the bargaining process.

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¹ Bargaining unit employees may be summoned to attend and participate in a meeting(s) or be given a specific task of reporting to the team based on an assignment of work related to their position or expertise. This is different from serving as a team member. Please consult your WFM Advisor if you are uncertain of your latitude to do this.

² Pursuant to Section 7106(a) of the Statute, management has the right

1. to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and
2. in accordance with applicable laws
1. to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
2. to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;
3. with respect to filling positions, to make selections for appointments from
1. among properly ranked and certified candidates for promotion; or
2. any other appropriate source; and
4. d. to take whatever actions may be necessary to carry out the agency mission during emergencies.

³ Pursuant to Section 7106(b) of the Statute, the union has the right to negotiate

1. at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
2. procedures which management officials of the agency will observe in exercising any authority under this section; or
3. appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

Page last edited: January 22, 2008

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