Department of the Army
Washington, DC
1 February 1996

Civilian Personnel
Consultation with Labor Organizations

Applicability. This memorandum applies to Headquarters, Department of the Army and its field operating agencies.

Proponent and exception authority. The proponent of this memorandum is the Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA (M&RA)). The ASA (M&RA) may delegate this authority in writing to a division chief within the proponent agency in the grade of colonel or civilian equivalent.

  1. Purpose

    This memorandum prescribes the responsibilities of Principal Officials of Headquarters, Department of the Army (HQDA) and their field operating agencies in carrying out their obligation under section 7113, Title 5, United States Code (5 USC 7113) to consult with labor organizations on policies affecting civilian employees of the Department of the Army (DA) before issuing those policies. This pertains to Labor organizations holding national consultation rights with HQDA.

  2. References

    Related publications are listed below.
    1. Title 5, United States Code, Chapter 71, Labor-Management Relations.
    2. DOD Civilian Personnel Manual, Chapter 711, Labor Management Relations.
    3. AR 690-700, Chapter 711, Labor-Management Relations.

  3. Explanation of abbreviations and terms

    1. Abbreviations.
      1. ACT  Association of Civilian Technicians.
      2. AFGE  American Federation of Government Employees.
      3. AR  Army Regulation.
      4. ASA(M&RA)  Assistant Secretary of the Army (Manpower and Reserve Affairs).
      5. DA  Department of the Army.
      6. DOD  Department of Defense.
      7. HQDA  Headquarters, Department of the Army.
      8. IAM&AW  International Association of Machinists and Aerospace Workers.
      9. NAGE  National Association of Government Employees.
      10. NFFE  National Federation of Federal Employees.
      11. USC  United States Code.

    2. Terms.
      1. Consultation. The process of informing an appropriate labor organization of any substantive change in conditions of employment being proposed by DA and giving due consideration to any views or recommendations presented by that labor organization.
      2. National consultation rights. The right to consultation accorded to selected recognized labor organizations. Where no labor organization has been accorded exclusive recognition for all of DA, 5 USC 7113 requires that DA accord national consultation rights to any labor organization that is the exclusive representative for a substantial number of employees within DA.

  4. Recognized labor organizations

    DA has accorded national consultation rights to the following labor organizations:
    1. American Federation of Government Employees (AFGE).
    2. Association of Civilian Technicians (ACT).
    3. International Association of Machinists and Aerospace Workers (IAM&AW).
    4. National Association of Government Employees (NAGE).
    5. National Federation of Federal Employees (NFFE).

  5. Responsibilities

    1. Principal Officials of HQDA and the heads of their field operating agencies will-

      1. Review proposed policies and procedures to determine whether they involve any substantive change in conditions of employment.
      2. Coordinate labor aspects of proposed issuances with the ASA (M&RA), Directorate of Civilian Personnel (SAMR-CP), to determine whether the proposed policy involves a substantive change in the conditions of employment for civilian employees of DA.
      3. Furnish the labor organizations cited in paragraph 4:

        1. Reasonable notice (for example, 30-45 days) of proposed new or revised Army-wide policies or procedures which involve any substantive change in the conditions of employment for appropriated or nonappropriated fund bargaining unit employees. Appendix A contains a sample draft notification to labor organizations.
        2. Opportunity for comment on such proposals.
        3. Opportunity to suggest changes to such proposals.
        4. Opportunity to give views in writing at any time.

    2. If any views or recommendations are presented under paragraph 5a, the proponent staff agency will-

      1. Consider the views or recommendations presented before taking final action on any matter regarding those views or recommendations. Proposed issuances and responses to labor organizations should be coordinated with the appropriate office having policy responsibility. For example, where policies would affect the safety and health of places and the conditions of employment, coordination should be made with Deputy Assistant Secretary of the Army (Environment, Safety, and Occupational Health).
      2. Furnish the responding labor organization a written statement of the reasons for taking the final action.

    3. The ASA (M&RA) (SAMR-CP) will offer assistance to Principal Officials of HQDA and their field operating agencies to ensure that labor organizations are appropriately consulted and accorded national consultation rights under the law. Requests for assistance should be forwarded to the ASA (M&RA) (SAMR-CP).

    4. Failure to give labor organizations the opportunity to comment, before issuance, on proposed policies that affect civilian employees of DA may be a violation of chapter 71 of 5 USC 7113. Refusal to consult on such policies may be an unfair labor practice. Although the proponent of the proposed policy must give due consideration to any recommendations submitted by the labor organizations, there is no obligation to adopt those recommendations.