The U.S. Department of Agriculture has asked the Federal Labor Relations Authority to issue a more concrete ruling on collective bargaining agreements that would give agency negotiators more authority to enforce new rules and regulations.

Under current authority, the head of an agency must sign off on a collective bargaining agreement to show that it falls in line with current rules and regulations, but a new rule or regulation that conflicts with an existing agreement cannot be enforced until that agreement has expired.

If a collective bargaining agreement would automatically renew after its expiration, the agency head still has the right to sign off and enforce any new rules that were in conflict with the initial agreement.

But when an agency requests the renegotiation of a contract, provisions in the old contract will often stipulate that the old agreement holds until a new agreement can be reached. In that case, the agency head may not get sign-off, and enforcement of a new rule is postponed until a new agreement is reached.

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The ruling requested by USDA would grant agency heads authority to enforce new rules on the date that the old collective bargaining agreement expires, regardless of whether negotiations for a new contract are still ongoing.

The FLRA issued an opportunity for comments on the proposed ruling Jan. 23.

“AFGE is surprised and disappointed that the USDA would make this request. It is not consistent with the law or the facts. We are already bargaining a new contract for USDA food safety inspectors. The current contract, which the USDA agreed to, clearly states that the existing agreement will remain in force until a new agreement is signed,” said American Federation of Government Employees National Secretary-Treasurer Everett Kelley in a statement.

“There is no valid reason to deviate from what the law and contract require. AFGE does not support this request nor does AFGE support any attempt by USDA to evade its legal and contractual obligations.”

The ruling could have potentially significant consequences for agencies trying to enforce provisions of three executive orders signed by President Donald Trump in May 2018 that restrict federal employee use of official time, call for the renegotiation of collective bargaining agreements and call for more comprehensive performance management.

Current collective bargaining agreements that run counter to those orders could prevent their enforcement so long as negotiations for a new agreement remain ongoing.

About Jessie Bur

Jessie Bur covers federal IT and management.

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