NPR 5200.1.pdf

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NASA

Procedural Requirements

NPR 5200.1E

Effective Date: August 13, 2019

Expiration Date: August 13, COMPLIANCE IS MANDATORY FOR NASA EMPLOYEES

Industrial Labor Relations

Responsible Office: Office of Procurement

Table of Contents Preface P.1 Purpose P.2 Application P.3 Authority P.4 Applicable Documents and Forms P.5 Measurement/Verification P.6 Cancellation

Chapter 1. Introduction

1.1 Scope

1.2 Policy

1.3 Applicability

Chapter 2. Operating Procedures for Nonconstruction Contractors

2.1 Data Requirements

2.2 Labor Contract Negotiations

2.3 Requirements for a Potential Impasse or Strike Action

2.4 Strike Notice

Chapter 3. Requirements for Construction Contractor Labor-Management Disputes

NPR 5200.1E -- TOC

This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

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3.1 General

3.2 Data Requirements

3.3 Construction Labor Contract Negotiations

3.4 Procedures for Construction Labor Disputes Outside of Labor Contract Negotiations

Chapter 4. "Reserve Gate" Procedures

4.1 General

4.2 Establishing and Enforcing the Use of "Reserve Gates"

4.3 Procedures for Initiating Legal Action Through the National Labor Relations Board

Chapter 5. Procedure for Requesting the Removal of NASA Parts/Materials From Manufacturers' Strike-Bound Plants

5.1 General

5.2 Data Requirements

Chapter 6. Preparation for Variance Hearings Conducted Pursuant to Service Contract Labor Standards, 48 CFR Subpts.

22.10, as Amended

6.1 General

Chapter 7. Procedure for Providing Admission of Labor Union Representatives to NASA Centers

7.1 General

7.2 Procedures for Providing Access Passes to the NASA Center for Labor Union Representatives

Appendix A. Definitions Appendix B. Acronyms

Appendix C. Checklist for Potential Impasse and Strike Action

C.1 Checklist for Potential Impasse and Strike Action C.2 Checklist Upon Receiving Strike Notice

Appendix D. Notification of "Reserve Gate" Procedures

D.1 NASA Letter to the Labor Union on Designated "Reserve Gates" D.2 NASA Letter to the Struck Contractor on Designated "Reserve Gate"

Appendix E. "Neutral Gate" and "Reserve Gate" Signs

NPR 5200.1E -- TOC

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E.1 Example of "Neutral Gate" Signs E.2 Example of "Reserve Gate" Signs

Appendix F. References

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Preface P.1 Purpose The purpose of this directive is to provide internal requirements and procedures to assist NASA Centers in dealing with contractor labor-management disputes and to provide procedures for granting Labor Union Representatives access to NASA for the purpose of maintaining schedules and goals relating to NASA facilities where their members are employed.

P.2 Applicability

a. This directive is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Service Support Centers (Agency wide).

b. In this directive, all mandatory actions (i.e., requirements) are denoted by statements containing the term “shall.” The term “may” denotes a discretionary privilege or permission; “can” denotes statements of possibility or capability; “should” denotes a good practice and is recommended, but not required; “will” denotes expected outcome; and “are/is” denotes descriptive material.

c. In this directive, all document citations are assumed to be the latest version unless otherwise noted.

P.3 Authority

a. NASA Federal Acquisition Regulation (FAR), Supplement (NSF), subpt. 1822.1 BASIC

LABOR POLICIES

1822.101 Labor relations.

1822.101-1 General.

1822.101-3 Reporting labor disputes.

1822.101-4 Removal of items from contractors’ facilities affected by work stoppages.

1822.101-70 Admission of labor representatives to contract sites.

1822.103 Overtime.

1822.103-4 Approvals.

1822.103-5 Contract clause.

P.4 Applicable Documents and Forms

a. National Labor Relations Act, 29 U.S.C. §§ 151 – 169.

b. Service Contract Labor Standards, 41 U.S.C. Ch. 67; 48 CFR. pt. 22, Application of Labor Laws

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NPR 5200.1E -- Preface Page 4 of 29 to Government Acquisitions.

c. Basic Labor Policies, General, 48 CFR. Subpts. 22.10.

P.5 Measurement/Verification Measurement/verification occurs through periodic procurement management reviews of contractual labor activities.

P.6 Cancellation NASA Procedural Requirements 5200.1D, Industrial Labor Relations Directive, dated June 23, 1997.

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Chapter 1. Introduction

1.1 Scope

1.1.1 The material in this directive is presented in the form of requirements to assist NASA Center management in establishing local procedures for dealing with contractor labor-management disputes. This directive also implements the procedures for providing access for labor union representatives to conduct necessary union business at NASA facilities. Included in the requirements are procedures for gathering and evaluating certain data and appropriate actions to be taken by NASA which may prevent or reduce the impact of a contractor labor dispute. In addition, a “checklist” is provided for the actions to be taken by NASA in cases where a contractor strike situation is imminent. Also included are procedures for requesting the removal of critical NASA parts/materials from a manufacturer’s strike-bound plant and procedures for the preparation of variance hearings pursuant to the Service Contract Labor Standards statute, 41 U.S.C ch. 67 (formerly known as the Service Contact Act), as amended.

1.1.2 It is essential that each NASA Center maintains awareness of its contractor labor-management relationships in order to be able to assess the seriousness of a potential or actual labor dispute, e.g., the courses of action that are likely to be taken by other contractor employees, civil service employees, and labor unions concerning a dispute and the resultant impact to the NASA Center in terms of program delays and additional costs. During periods of labor contract negotiations, it is especially important to be aware of the status of such negotiations, since an impasse could result in work stoppages that could adversely affect the NASA Center.

1.1.3 Pursuant to FAR 22.101-1(b), the role of NASA in contractor labor-management disputes is one of neutrality. Care should be taken to ensure the Agency’s position of neutrality in establishing local procedures from these requirements.

1.2 Policy

NASA recognizes the legal right of contractor employees and labor unions to engage in collective bargaining. NASA also recognizes the right of employees to engage in legitimate picketing at NASA Centers, when an impasse is reached during a labor dispute or labor contract negotiations.

NASA officials should not become involved directly or take sides in any labor dispute. Appropriate actions should be taken by NASA to reduce or eliminate the impact of labor disputes, including strikes, on its programs. All other appropriate actions should be taken to ensure access to the NASA Center by NASA personnel and by employees of neutral contractors that are not directly involved in the dispute.

1.3 Applicability

1.3.1 These requirements are applicable to all NASA Centers and Component Facilities. Certain NASA Centers may need to deviate from the requirements because of existing unique situations, e.g., Marshall Space Flight Center as a tenant on an Army facility or Armstrong Flight Research Center as a tenant on an Air Force facility. The Kennedy Space Center may also need deviations from these requirements because of joint Agency operations.

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1.3.2 At NASA Centers where tenant activities take place inside the NASA facilities, e.g., the Michoud Assembly Facility and the Stennis Space Center, it is not necessary to maintain the data set forth in secs. 2.1 and 3.2 of this directive for tenant contractors. However, if it is anticipated that a labor dispute involving a tenant activity and its contractor could have an impact on NASA operations, the NASA Center will work to reach an understanding with each tenant activity that NASA needs to be advised of any impending labor dispute which may result in a strike. In the event of a tenant contractor strike, the “reserve gate” procedure will be implemented in accordance with the guideline provided in ch. 4 of this directive. NASA should be responsible for initiating the steps necessary to establish a “reserve gate.” However, some of the action items may be the responsibility of the tenant contractor or the responsibility of another Government agency. Any necessary changes in the responsibility for implementation of the “reserve gate” procedure agreed to by the parties (NASA, other Government agencies, and the tenant contractor) is required to be formalized in writing and with a copy of such understanding sent to the Agency Industrial Relations Officer at NASA Headquarters.

1.3.3 Since the problems arising from construction contractor labor disputes are different from other labor disputes, separate guidelines for construction contractor labor-management disputes are set forth in ch. 3 of this directive.

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Chapter 2. Operating Procedures for Nonconstruction Contractors

2.1 Data Requirements

2.1.1 For all nonconstruction contractors at each NASA Center, the Center Industrial Relations Officer is required to compile and keep current at all times:

a. A roster of all onsite contractors and their subcontractors reflecting the following:

(1) Description of work scope.

(2) Whether employees are represented by a labor union and the number of employees represented by each union.

(3) If union represented, the name of the local union and the name, telephone number, and address of the business agent representing the local union.

(4) Expiration date of labor agreements.

(5) Copy of current labor agreements.

b. Name of appropriate representative of nearest office of the National Labor Relations Board

(NLRB).

c. Name of appropriate representatives of local Federal Mediation and Conciliation Service (FMCS).

d. Copies of local state labor regulations and the name of the agency designated to monitor labor disputes.

e. Detailed map of the NASA Center, reflecting locations of all gates.

2.2 Labor Contract Negotiations

2.2.1 Prior to the beginning of negotiations, the Center Industrial Relations Officer is responsible for obtaining the following information from the contractor:

a. Name and title of labor union and contractor spokesperson.

b. Whether the parties are negotiating an initial labor agreement or a renewal.

c. If a renewal, whether the current labor agreement requires notification by the parties of an intent to terminate the labor agreement prior to strike action.

2.2.2 The Center Industrial Relations Officer shall:

a. Require all onsite contractors to advise the Center Industrial Relations Officer of the date negotiations are scheduled to begin.

b. Contact the contractor spokesperson soon after negotiations begin and before an impasse is

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NPR 5200.1E -- Chapter2 Page 8 of 29 reached.

c. Request an up-to-date status on the negotiations at appropriate intervals from the contractor spokesperson.

2.3 Requirements for a Potential Impasse or Strike Action

2.3.1 When it appears that the parties may reach an impasse, the Center Industrial Relations Officer is required to take the following actions:

a. Advise the following personnel as soon as practicable of the situation:

(1) Agency Industrial Relations Officer.

(2) The NASA Center Chief Counsel and other appropriate Center management officials.

(3) The NASA Center Procurement Officer.

b. If FMCS has not yet entered into negotiations, request that they to do so. (Either party, or NASA, may initiate the request.)

c. Request from the contractor and/or the mediator the real issues in dispute between the parties.

d. Request that the potential struck contractor provide NASA with their contingency plan prior to a strike occurring if services are expected to continue.

e. Review the “Action Checklist for Potential Impasse and Strike Notice Action Checklist When Impasses May Be Near.” (Appendix C)

2.3.2 NASA Center management is required to:

a. Assess the impact that a strike would have upon any critical NASA Center operation and advise appropriate NASA Headquarters management officials, including the Agency Industrial Relations Officer.

b. Anticipate the reactions of neutral contractors and their respective employees should strike action involving another contractor located at the NASA Center occur.

2.3.3 NASA Center Labor relations representative should:

a. Request from the contractor and/or the mediator the real issues in dispute between the parties.

b. Develop a contingency plan of its own (separate from that provided by a contractor) in the event of a strike. This contingency plan is required to be furnished to the Agency Industrial Relations Officer.

c. Prepare for the implementation of the “reserve gate” procedure (see ch. 4).

d. For Centers co-located with or located on military facilities advise the local military commander of the potential strike and request an assessment of the impact on the military operations.

e. Advise Center Protective Services representative and request an assessment of the impact on the NASA operations.

f. Request from the mediator the labor union’s assurance of a 24-hour notice of any strike action.

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2.3.4 NASA officials are not authorized to make any news releases without prior approval of the NASA Center’s Public Affairs Office, the Chief Counsel, and the Center Industrial Relations Officer. Any news releases or comments of NASA officials to the news media is required to reflect NASA’s impartiality and cannot contain comments on any issues in dispute between the contractor and the labor union. Requests for reports on the status of negotiations or meeting times and places should be referred to the contractor, the labor union, and FMCS.

2.4 Strike Notice

2.4.1 After receiving a strike notice from the mediator, union, or contractor, the NASA Center Industrial Relations Officer is required to take the following actions:

a. Advise the following personnel as soon as practicable of the situation:

(1) Agency Industrial Relations Officer.

(2) The Center Chief Counsel and other appropriate NASA Center management officials.

(3) The Center Procurement Officer.

b. Establish themselves as the focal point of contact in any matters regarding the strike.

c. Send written notification, signed by the Center Director and, when applicable, the Military Commander, (or their designees) to the struck contractor and to the union advising both of the “reserve gate” procedure located in ch. 4 of this directive. (Appendix D)

d. Ensure that “neutral gate” and “reserve gate” signs are ready for use. If time permits, signs may be placed and covered until needed. (Appendix E)

e. Obtain periodic and current reports from each gate regarding picketing or other forms of demonstration.

f. Advise local law enforcement officials of the impending strike.

g. Implement the “reserve gate” procedure outlined in ch. 4 of this directive.

h. Make arrangements to have photographic resources available to take pictures of gates, pickets, pickets’ signs, and “reserve gate” signs.

i. Advise the regional attorney for the NLRB of the impending strike.

j. If the union does not adhere to the “reserve gate” procedure, consider going to NLRB for injunctive action. See sec. 4.3 of this directive.

k. Review the “Action Checklist for Potential Impasse and Strike Notice Action Checklist When Impasses May Be Near.” (Appendix C)

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Chapter 3. Requirements for Construction Contractor Labor-Management Disputes

3.1 General

3.1. Unlike other labor agreements that are usually negotiated by the individual contractors, construction labor agreements are usually negotiated between trade unions and contractor employer associations. Therefore, it is recognized that local construction contractors would have little influence or involvement in disputes concerning labor contract negotiations.

3.2 Data Requirements

For all construction contractors at each NASA Center, the Center Industrial Relations Officer is required to compile and keep current at all times:

a. The expiration date of each building and construction trades labor agreement.

b. The employer association responsible for negotiating each agreement, including the names of any local employer representatives who take part in negotiations.

c. The names, addresses, and telephone numbers of local building trade business agents.

d. A current copy of each building and construction trades’ labor agreement.

3.3 Construction Labor Contract Negotiations

In the event that disputes arise in construction labor contract negotiations where picketing is anticipated, the procedures set forth in sec. 2.3 and ch. 4 of this directive, “reserve gate” procedures will apply.

3.4 Procedures for Construction Labor Disputes Outside of

Labor Contract Negotiations

3.4.1 The Center Industrial Relations Officer is required to take the following actions in the event of a construction contractor labor dispute outside of contract negotiations:

a. Contact the construction contractor(s) involved and obtain a detailed account of the facts concerning the dispute. Contact with local or other union officials is not to be made without prior concurrence of the Agency Industrial Relations Officer. b. Advise the Agency Industrial Relations Officer of the dispute.

3.4.2 In the event of a work stoppage in which picketing is imminent or has taken place, the “reserve gate” procedure in ch. 4 of this directive is to be implemented with the following exceptions:

a. Only the struck contractor and its suppliers will be required to use the “reserve gate.” If the struck contractor is a prime contractor, the subcontractors will not be required to use the “reserve gate;”

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NPR 5200.1E -- Chapter3 Page 11 of 29 contractor is a prime contractor, the subcontractors will not be required to use the “reserve gate;”

they are considered neutral contractors even though they are a subcontractor to the affected prime contractor.

b. The Center Industrial Relations Officer, in coordination with the Center Chief Counsel’s Office, is required to prepare “reserve gate” letters (as outlined in Appendix D) and is required to be coordinated with the Agency Industrial Relations Officer and the Agency Office of the General Counsel at Headquarters prior to being issued.

c. When disputes arise from a nonunion contractor(s) at a work site and picketing is expected, the “reserve gate” procedure should not be implemented unless it is determined that such picketing would have an extreme impact on critical programs. In most cases relative to these circumstances, an injunction may be obtained to prohibit picketing at all gate locations, provided that a secondary boycott exists. The Center Chief Counsel has the primary responsibility for obtaining an injunction.

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Chapter 4. "Reserve Gate" Procedure

4.1 General

4.1.1 These requirements establish procedures concerning entrance and exit gate(s) for use by striking and/or neutral NASA contractor personnel, their suppliers, and civil service personnel on NASA controlled property. These designated gates are referred to as "reserve gates."

4.1.2 The "reserve gate" procedure, when used at a NASA Center, is intended to provide the striking union and the contractor with similar conditions as if the dispute were taking place at the employer's premises outside of the NASA Center. This is accomplished by directing all of the struck contractor's representatives, employees, and suppliers through special designated entrances/exits otherwise known as "reserve gate(s)." Moreover, this procedure allows other contractors, their employees, management, suppliers, and other visitors not involved in the dispute to have access to the installation or controlled site through a gate that has no picket line, known as a "neutral gate;"

thereby, minimizing the impact on neutral contractors.

4.1.3 Subcontractors of the struck prime contractor are not required to use the "reserve gate(s)" unless they are performing struck work. In these unusual situations before such subcontracting arrangements take place, the work being performed by the subcontractor is required to be reviewed by NASA Center management and the Agency Industrial Relations Officer before any arrangements can take place with the affected subcontractor.

4.2 Establishing and Enforcing the Use of "Reserve Gates"

4.2.1 When a union announces it intends to or actually begins picketing at a NASA location, the Center Contractor Labor Relations Officer, in coordination with appropriate NASA Center management officials, are required to do the following:

a. Designate each "reserve gate" in coordination with the Center Security Office for use by the struck contractor's employees, its suppliers, and its subcontractor employees (if applicable, see sec. 4.1.3).

In doing so, take into consideration the following:

(1) Which "reserve gate" will cause the least inconvenience to the largest number of people who will be working during the strike.

(2) Whether civil service employees and neutral contractors' employees should be restricted from using the designated "reserve gate."

b. Notify in writing the local union and the contractor of the designated "reserve gate(s)." Sample letters are included in Appendix D (furnish copy of union letter to the contractor and copy of contractor letter to the union). Seek the union's cooperation to confine the pickets or other demonstrations to the established "reserve gate" area. Advise the Agency Industrial Relations Officer when direct contact with the labor union is necessary.

c. Emphasize that all employees of the struck contractor are required to use the designated "reserve gate" for the duration of the picketing, or strike, and that failure to adhere to "reserve gate" procedures will result in disciplinary measures, which may include suspension of access to the

NPR 5200.1E -- Chapter4 This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

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Center.

d. Request in writing that the neutral contractors and all other employers at the NASA Center do the following:

(1) Notify their employees of the location of the "reserve gate(s)" for the striking employees.

(2) Provide appropriate instructions to all of their employees for entering and leaving the premises during the term of the strike.

e. Post information at all entrances and exits in accordance with procedures set forth in sec. 4.2.1.f.

below.

f. Notices for the "reserve gate" and "neutral gate" procedure.

(1) Notices (signs) must provide clear and concise directions as to proper use of entrances and exits by all persons entering or leaving the NASA Center.

(2) The signs are required to be easily readable from a distance of 75 feet by vehicle operators and pedestrians entering the installation in order to enforce the "reserve gate" procedure. Notices are required to clearly state that the struck contractor, the employees, and its suppliers will be confined to the use of a designated "reserve gate" for entrance to and exit from the NASA Center and will not be permitted use of the "neutral gates."

(3) Although employees of other contractors (not involved in the labor dispute) and Government employees may legally use the "reserve gate," generally the NLRB prefers that the "reserve gate" be set aside for exclusive use by the struck contractor and its suppliers. Therefore, exclusive "reserve gate" procedures is required to be posted at the NASA Center where the regional office of the NLRB has expressed this preference. At other NASA Centers where the regional NLRB office has not expressed a preference for an exclusive "reserve gate," such a gate may also be used by employees of neutral contractors not involved in the labor dispute. The Agency Industrial Relations Officer will assist each NASA Center in determining the preference of the regional office of the NLRB on this matter.

(4) Sample formats of sufficient notices for "neutral gate" and "reserve gate" are listed in Appendix E.

4.3 Procedures for Initiating Legal Action Through the National Labor Relations Board

4.3.1 The use of legal action in any labor dispute should be avoided until all other remedial procedures have been exhausted. However, in the event that the union does not agree to the "reserve gate" procedure and continues to picket the "neutral gates," legal action may be taken pursuant to the National Labor Relations Act, sec. 8(b)(4)(B).

4.3.2 Normally, one or more of the contractors being adversely impacted by the stuck contractor may initiate appropriate legal action by filing a charge with the regional office of the NLRB to obtain a court injunction against the picketing of "neutral gates" by the union.

4.3.3 In the absence of either a contractor's ability or willingness to file a charge, the Center Industrial Relations Officer will, in coordination with the Center Chief Counsel, appropriate Center management officials, and the Agency Industrial Relations Officer, determine whether the impact of

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NPR 5200.1E -- Chapter4 Page 14 of 29 management officials, and the Agency Industrial Relations Officer, determine whether the impact of picketing "neutral gates" is sufficient to recommend legal action by NASA.

4.3.4 Procedures for Filing Charges with the NLRB are as follows:

4.3.4.1 If it is determined that NASA will take legal action in a labor dispute, the NASA Center Director, or designee, with the concurrence of the Agency Industrial Relations Officer, and the Center Chief Counsel, may authorize the filing of a charge.

4.3.4.2 The Center Industrial Relations Officer and the NASA Center Legal Office in coordination with the Agency Industrial Relations Officer will do the following:

a. Initiate contacts with the regional offices of the NLRB to coordinate the procedures for filing and processing the charge.

b. Develop with the appropriate Center management officials and representatives of the NLRB the factual data reflecting substantial damage to NASA programs, including but not limited to information such as delays to certain critical programs or critical operational requirements or increased costs resulting from the illegal picketing.

c. Ensure the accumulation of evidence to support legal action, such as pictures of picketing and picket signs to identify the location of pickets at the Center to support the charge of a violation of the "reserve gate" procedure. Photographs are required to be taken of the printed material on each different sign.

d. Provide clerical assistance and office space to the NLRB representative who is investigating the case, including coordinating through the Center Legal Office for assistance in preparing necessary legal documents, e.g., taking depositions and briefs.

4.3.5 Contacts with local union officials during any strike situation can only be made by the Center Industrial Relations Officer with concurrence from the Agency Industrial Relations Officer.

International union officials will be contacted only by the Agency Industrial Relations Officer, if required.

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Chapter 5. Procedure for Requesting the Removal of NASA Parts/Materials From Manufacturers’ Strike-Bound Plant (reference

FAR 22.101-4)

5.1 General

5.1.1 When it is evident that a potential or actual labor dispute at a supplier’s/manufacturer’s facility could impact the shipment of materials or parts which are critical to NASA programs or schedules, the Center Industrial Relations Officer is required to coordinate with the Agency Industrial Relations Office.

5.1.2 Upon receipt of a request for assistance, the Agency Industrial Relations Officer in coordination with the Center Industrial Relations Officer will contact the officials of the contractor, union, and other agencies.

5.1.2.1 To assist the Agency Industrial Relations Office in discussions with appropriate officials, the information listed in paragraph 5.2 is required to be submitted by the NASA Centers as soon as it is available.

5.1.2.2 Since the removal of parts/materials from a strike-bound plant comes at a time when labor-management relations are extremely sensitive, any contact with other agency officials involved, union officials at the struck plant, or international union officials will be made only by the Agency Industrial Relations Office.

5.1.2.3. If it is determined that items need to be removed from a strike-bound plant, the cognizant Headquarters Program Offices will establish priorities of items to be removed and/or completed prior to removal, (e.g., finished work in process, tools, components, and materials). Upon the identification of such items, the Agency Industrial Relations Office will coordinate work priorities and removal of the items through the appropriate officials of the contractor, union, and other agencies as required.

5.2 Data Requirements

5.2.1 A Center Impact Report is to be submitted to the Agency Industrial Relations Officer from the struck/potentially struck contractor. This information may be transmitted by telephone and then followed up by a written report. This report is required to contain the information listed below and any other pertinent facts considered:

a. Critical parts/materials by program, system, contract numbers, technical name, and part numbers.

b. Dates by which the item(s) are required to be delivered to meet program schedules. Investigate work-around plans and advise that slippage may occur if required delivery dates are not met. Also advise as to the possibilities of obtaining these items from other sources.

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c. Current production status and work that is required to be completed before item(s) are ready for shipment. Investigate the possibility of completing unfinished work at the NASA Center or elsewhere. Obtain the manufacturer’s identification and drawing numbers to help trace or identify these items at the manufacturer’s or supplier’s plant.

d. Verification of whether any other agencies have the responsibility for any functions concerning these critical items, e.g., quality control, establishing the source of supply, and transportation. If any other agency representative is involved at the manufacturer’s facility, obtain this person’s function/title, name, and telephone number.

e. The union names and local lodge numbers.

f. Shipping information is to include:

(1) Specific details concerning any special packaging, handling of the item(s) required, size, and weight of the pieces/containers making up the shipment.

(2) Details on how, when, and where the items are to be shipped.

(3) Method of transportation—air, rail, or truck—or if special military agency transportation is to be provided.

(4) A statement of whether the carrier will pick up the item(s) for shipment at the manufacturer’s plant or if they will be delivered to the carrier’s terminal.

(5) Shipping document numbers for critical items to be traced to and during shipment.

NPR 5200.1E -- Chapter5 This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

NPR 5200.1E -- Chapter5 Page 17 of 29

Chapter 6. Preparation for Variance Hearings Conducted Pursuant to Service Contract Labor Standards, 48 CFR Subpts. 22.10, as Amended

6.1 General

6.1.1 The Service Contract Labor Standards statute, 41 U.S.C. Ch. 67, provides that interested parties may request a Department of Labor hearing to determine if collectively bargained wages and fringe benefits are at variance (higher or lower) with those prevailing in the locality. Such hearings may be requested by the union, the contractor, or by the contracting agency.

6.1.2 The party requesting the hearing has the initial burden of supporting the hearing request with prima facie evidence that the alleged variance exists. If a hearing is granted, each party may present detailed evidence in an attempt to prove the existence of a variance.

6.1.3 Prior to making a decision as to whether a hearing will be requested by NASA, the Contracting Officer, Center Industrial Relations Officer, and Center Chief Counsel will discuss the issues in question with the Agency Industrial Relations Officer. The preliminary data will then be obtained and compiled. After reviewing the data, if it is determined that a substantial variance exists, a request for a variance hearing will be formally prepared by the Agency Industrial Relations Officer with the concurrence of the Headquarters Office of Procurement and the Office of the General Counsel. If the request for a hearing is approved by the Department of Labor, additional data will be collected as required. The Agency Industrial Relations Officer will advise the appropriate Center management officials and Center Industrial Relations Officer on the variance procedure.

NPR 5200.1E -- Chapter6 This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

NPR 5200.1E -- Chapter6 Page 18 of 29

Chapter 7. Procedure for Admitting Labor Union Representatives to NASA Centers

7.1 General

7.1.1 Labor union representatives who are not employees of NASA contractors but who have a bona fide bargaining unit with a NASA contractor will be permitted access to NASA Centers to conduct union business provided that safety and security regulations are complied with and there is no interference with work operations. Labor union representatives will be issued an appropriate pass (badge) that will authorize access to areas in which their members are working.

7.1.2 This procedure is intended to provide the union and the contractor with the same conditions as if their work was being performed at the employer’s premises outside of the NASA Center.

7.1.3. Labor union representatives, while at NASA Centers, are prohibited from performing union activities such as collecting dues, holding meetings with more than one contractor employee, making unauthorized speeches, distributing union literature or membership authorization cards, and soliciting union membership except during non-working hours and in non-work areas.

7.2 Procedures for Providing Access Passes to the NASA Center for Labor Union Representatives

7.2.1 All requests for access shall be submitted to the Center Industrial Relations Officer.

7.2.2 The Center Industrial Relations Officer will review and process appropriate requests by taking the following steps:

a. Notifying the NASA contractor whose employees the labor representatives will be visiting.

Access is to be provided only to labor representatives that officially represent the contractor’s employees.

b. Contacting the Center Security Office to make necessary arrangements to allow the labor union representative access to the required areas.

c. Notifying the Agency Industrial Labor Relations Officer in the event a decision is made not to grant the labor union representative access to the Center.

NPR 5200.1E -- Chapter7 This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

NPR 5200.1E -- Chapter7 Page 19 of 29

Appendix A. Definitions Agency Industrial Relations Officer. A NASA Headquarters employee with responsibility for oversight of NASA compliance with FAR 22. Also known as the Agency Labor Advisor (see FAR

22.001 and NFS 1822.101).

Business Agent. A paid union official who assists the local union in its business affairs, including organizing employees, negotiating contracts, and handling grievance and arbitration cases.

Center Industrial Relations Officer. A Center employee responsible for Federal contract labor matters at the Center(s) to which they are assigned.

Contractor Spokesperson. A person who represents contractor management during the bargaining process concerning economic and other items that will become part of the parties’ labor agreement.

Contingency Plan. A plan that will permit critical work operations to be maintained by qualified personnel should union personnel be absent due to strike action.

Injunction. A mandatory order by a court to perform or cease a specified activity, usually on the grounds that otherwise the complaining party will suffer irreparable injury from unlawful actions of the other party.

Labor Agreement (Collective Bargaining Agreement). A legally binding document entered into between a contractor and a union that covers the wages, hours, and other conditions of employment for the contractor’s union represented employees.

Mediator. An individual who provides assistance to management and labor in resolving disputes, usually associated with bargaining over terms of a labor agreement.

Neutral Contractor. A contractor who is not involved in a labor dispute affecting other parties.

Neutral Gate. A gate that is used by Government personnel, neutral (non-struck) contractor employees, and neutral suppliers that are not parties to a known labor dispute.

Prime Contractor. A business entity that has privity of contract with the United States under a Federal procurement. The prime contractor has overall responsibility for the contact effort and may subcontract portions of this work.

Reserve Gate. A gate that is specifically designed for use (ingress and egress from the Center) by the struck contractors’ suppliers and employees when a contractor union dispute has resulted in strike and picketing actions. The striking union will usually picket at this “reserve gate.”

Secondary Boycott. A boycott in which a party would use threats, coercion, or restraint to compel one “person” a term that includes an employer—to stop doing business with another (see sec. 8(b)(4) of the NLRB Act).

Struck. Describes a facility or other workplace where organized labor is performing or has performed a labor strike.

Tenant Contractor. A contractor of another agency located on a NASA Center.

NPR 5200.1E -- AppendixA This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

NPR 5200.1E -- AppendixA Page 20 of 29

NPR 5200.1E -- AppendixA This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

NPR 5200.1E -- AppendixA Page 21 of 29

Appendix B. Acronyms CFR Code of Federal Regulations FAR Federal Acquisitions Regulations FMCS Federal Mediation and Conciliation Service NASA National Aeronautics and Space Administration NFS NASA Federal Acquisition Regulation Supplement NLRB National Labor Relations Board NPR NASA Procedural Requirements

NPR 5200.1E -- AppendixB This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

NPR 5200.1E -- AppendixB Page 22 of 29

Appendix C. Action Checklists C.1 Checklist for Potential Impasse and Strike Action

a. The Center Industrial Relations Officer is required to complete the following activities when an impasse is near:

(1) Advise the Agency Industrial Relations Officer.

(2) Advise the Center Director.

(3) Advise Center Chief Counsel’s Office and Procurement Officer.

(4) Request Assistance from the Federal Mediation and Conciliation Service (FMCS).

(5) Obtain a Statement of Issues.

(6) Obtain the Contractor’s Contingency Plan.

(7) Obtain Data as outlined sec. 2.1.

(8) Make a NASA Center Impact Assessment.

(9) Develop a NASA Contingency Plan.

(10) Advise the Military Commander (where applicable).

(11) Make a Military Operations Impact Assessment.

(12) Obtain a 24-Hour Notice of Strike Action from the Union (by the Mediator).

C.2 Checklist Upon Receiving Strike Notice

a. The Center Industrial Relations Officer is required to complete the following activities when a strike is near:

(1) Advise the Agency Industrial Relations Officer.

(2) Implement the Reserve Gate Procedure.

(3) Send an e-mail or letter to the contractor advising of the “neutral gate” and “reserved gate” (in accordance with sec. 2.4.1.c).

(4) Send an e-mail or letter to the union advising of the “neutral gate” and “reserved gate.”

(5) Advise local law enforcement offices of an impending strike.

(6) Advise the Regional Attorney for the NLRB.

NPR 5200.1E -- AppendixC This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

NPR 5200.1E -- AppendixC Page 23 of 29

(7) Arrange for photographic services during picketing activity.

(8) Place and make ready for use “reserve gate” and “neutral gate” signs (may be covered until needed).

NPR 5200.1E -- AppendixC This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.

NPR 5200.1E -- AppendixC Page 24 of 29

Appendix D. Notification of “Reserve Gate” Procedures The attached letters are examples that may be revised if necessary, provided there is no substantive change that may invalidate the purpose of the notification. If revision is necessary, please ensure that the major points are included.

The purpose of these letters is to convey to the union and to the contractor that NASA intends to establish a “reserve gate” procedure and that their cooperation is required. The language used in the letters is required to be clear, firm, and invite cooperation from all parties.

In some instances, the “reserve gate” may be used by all neutral contractors, neutral suppliers/manufactures, and NASA civil service personnel. This does not change the purpose of the “reserve gate,” which is to restrict the struck contractor’s access to the Center through the specific gate(s). In other cases, the NLRB may feel that it is necessary that the “reserve gate(s)” be used exclusively by the struck contractor (this practice will vary from area to area). In cases in which a “reserve gate(s)” is to be used exclusively by the struck contractor, neutral contractors and civil service personnel will be notified that they cannot use the “reserve gate” (see sections 4.2.1.c and 4.2.1.f (3) of this directive).

D.1 NASA Letter to the Labor Union on Designated “Reserve Gates” Note: Send a copy to the Struck Contractor.

We are informed that a labor dispute exists between (local union number and name of union) and (contractor name and contractor organization).

It is recognized that this dispute may result in strike action by the union. In the event of picketing activity in connection with this dispute, the following procedures are being instituted regarding entry to and departure from (name of the NASA Center) for the duration of such picketing activity and will be rigidly enforced.

1. All employees, officials, representatives, and suppliers of (struck contractor name) entering or leaving (name of NASA Center) shall be restricted to the designated “reserve gate” (name/location of “reserved gate” spell out highway, north/south, or name of street).

2. Security measures have been taken to ensure access only through the designated “reserve gate.”

3. Any picketing, demonstrating, or other overt activity taken by the union in connection with this dispute shall be confined to the designated “reserve gate” location only. All such activity at any other point of entry will be prohibited.

5. Institution of these procedures is in accordance with decisions of the National Labor Relations Board (NLRB) and the Courts.

6. This action is deemed to be in the best interests of the U.S. Government in order to ensure the uninterrupted performance of vital activities in connection with the NASA‘s space program and (if

NPR 5200.1E -- AppendixD This document does not bind the public, except as…