Office Moves & Bargaining Rights

Widespread office moves have continued across the Goddard Greenbelt campus, with multiple Bargaining Unit Employees from buildings 19, 20, 6, and 12, among others, slated for moves to other buildings and/or offices. Last month GESTA began checking in with the affected employees, asking if they had any questions or concerns about their moves. Several of those concerns have led to GESTA bargaining efforts on the impacted employees’ behalf.

GESTA’s meetings with management so far have established that the Engineering and Technology Directorate (ETD) moves are driven by current reductions in the CESO budget and anticipated reductions in the upcoming fiscal year. GESTA asked how these moves would save cost and whether the buildings were to be shut down. Matt Ritsko, Deputy Director for Planning and Business Management for ETD, said he decided in concert with Code 100 Management to implement these moves as a way to provide Center Management with an option for cost savings; after the moves are complete, he hands it to Center Management to take it from there, and it is the Center’s choice to pursue what they deem fit. Ritsko said the question of whether the buildings’ utilities or upkeep would actually be halted was outside of the scope of what he knows. This conversation was documented by a note-taker in attendance and notes were sent to all the meeting attendees. Some of the moves were originally scheduled to happen before adequate lab space had been identified to support existing mission commitments. Ritsko agreed to provide lab space for funded work. GESTA will provide further updates after negotiations close for each bargaining proposal.

The process has also revealed that many BUEs aren't aware of their bargaining rights or what it means to have union involvement in a change of work conditions. Every employee represented by GESTA (known as a Bargaining Unit Employee, or BUE) has the right to bargain regarding a change in working conditions. It doesn't need to be something catastrophically wrong to count, it just has to be different working conditions from what is currently offered. For example, the Federal Labor Relations Authority (FLRA) has held that loss of window access is a change in working conditions that creates an obligation to bargain. All complaints are pooled into a single bargaining proposal for a group of moves. That proposal then covers all BUEs in that move. The bargaining process does not automatically halt a move forever, but it can delay the move while bargaining is completed. If management goes forward with a move after the bargaining proposal is submitted but before completion of negotiations, then employees should comply and then file a grievance with GESTA. If a BUE is covered under bargaining proposals, requiring that BUE to move prior to the completion of negotiations may in some cases constitute an unfair labor practice (ULP). The statute on ULP, 5 USC 7116(a)(5) states “...it shall be considered an unfair labor practice for an agency to refuse to consult or negotiate in good faith with a labor organization as required by this chapter.” Chapter 71 assigns the authority of adjudicating ULPs to the Federal Labor Relations Authority and its case law holds that changing office space presents a greater than de minimus, hence creating a obligatory opportunity to bargain on the change.

Bargaining proposals have so far successfully paused three moves while bargaining negotiations take place. One unfair labor practice taking place was halted through this action. This is a win for the employees who are depending on GESTA to represent their interests as massive changes sweep the center. Management is required by our Collective Bargaining Agreement (CBA) to contact GESTA at least ten days prior to any office move, but some moves had initially slipped through without proper notification. If you have questions or concerns about a move and have not been contacted by a GESTA representative, you can still contact us to make your concerns known.