DEPARTMENT OF DEFENSE DEFENSE LOGISTICS AGENCY DEFENSE DISTRIBUTION CENTER MEMPHIS CARETAKER ORGANIZATION MEMPHIS, TENNESSEE and LOCAL 2501, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO

United States of America

BEFORE THE FEDERAL SERVICE IMPASSES PANEL

 

In the Matter of

DEPARTMENT OF DEFENSE

DEFENSE LOGISTICS AGENCY

DEFENSE DISTRIBUTION CENTER

MEMPHIS CARETAKER ORGANIZATION

MEMPHIS, TENNESSEE

 

 

 

 

 

Case No. 99 FSIP 86

and

LOCAL 2501, AMERICAN FEDERATION OF

GOVERNMENT EMPLOYEES, AFL-CIO

DECISION AND ORDER

    The Department of Defense (DOD), Defense Logistics Agency, Defense Distribution Center, Memphis Caretaker Organization (MCO), Memphis, Tennessee (Employer), filed a request for assistance with the Federal Service Impasses Panel (Panel) to consider a negotiation impasse under the Federal Service Labor-Management Relations Statute, 5 U.S.C. § 7119, between it and Local 2501, American Federation of Government Employees, AFL-CIO (Union).

    Following an investigation of the impasse, arising from local bargaining over the Most Efficient Organization (MEO) for a pending reduction in force (RIF), the Panel determined that the dispute should be resolved through the issuance of an Order to Show Cause why the Panel should not adopt the Employer’s MEO proposal to resolve the dispute.(1) After considering the entire record, including the parties’ statements of position, the Panel would issue a binding decision to resolve the dispute. The parties submitted written statements of position, and the Employer submitted its final offer, pursuant to this procedure.(2) The Panel has now considered the entire record.

BACKGROUND

    DOD has reorganized and realigned the activity involved in this case, the former Defense Distribution Depot Memphis, Tennessee (DDMT), pursuant to the legislative mandates in the Base Realignment and Closure Act (BRAC).(3) On December 28, 1998, DDSP notified the Union of its plan to implement a RIF at the MCO, opened Voluntary Early Retirement Authority (VERA) and Voluntary Separation Incentive Pay (VSIP) windows, and presented the Union with its MEO proposal for the RIF.(4) MCO is in charge of environmental clean-up and security at the Memphis, Tennessee, site. The Union represents 49 employees, who work as security guards, and material, environmental, and computer specialists. The parties are covered by a regional supplemental and a master collective bargaining agreement.

ISSUE AT IMPASSE

    The parties basically disagree over whether the Employer’s proposal to decrease the number of bargaining-unit positions to 36 (30 full-time and 6 part-time/seasonal) should be adopted.

POSITIONS OF THE PARTIES

1. The Union’s Position

    The Union would increase staffing levels to a total of 72 full-time positions. As evidenced by an increase in overtime demand, including "excessive amounts of overtime payments . . . for the past 20 months," the Employer does not have enough staff to meet work requirements. Among other things, the Union also questions whether: (1) MCO is a component of DDSP; (2) the Employer inappropriately engaged in negotiations with other unions which affected the bargaining-unit; and (3) the Employer violated the parties’ ground rules agreement by filing its request for assistance with the Panel prematurely.(5) In essence, until these questions are resolved, the Panel should not issue a decision on the merits of the parties’ dispute.

2. The Employer’s Position

    The original staffing level at the MCO was based upon "speculation of work" that has not materialized. By eliminating some full-time positions and